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HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 07/28/2015 - COMPLETE AGENDACity of Fort Collins Page 1 Wade Troxell, Mayor City Council Chambers Gerry Horak, District 6, Mayor Pro Tem City Hall West Bob Overbeck, District 1 300 LaPorte Avenue Ray Martinez, District 2 Fort Collins, Colorado Gino Campana, District 3 Kristin Stephens, District 4 Cablecast on City Cable Channel 14 Ross Cunniff, District 5 on the Comcast cable system Carrie Daggett Darin Atteberry Wanda Nelson City Attorney City Manager City Clerk The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224- 6001) for assistance. Adjourned Meeting July 28, 2015 6:00 p.m.  CALL MEETING TO ORDER  ROLL CALL 1. Resolution 2015-072 Making Findings of Fact And Conclusions of Law Regarding Three Appeals of the Zoning Board of Appeals Decision Regarding the “Change of Use-Building Permit” for Fraternity Use, 201 East Elizabeth Street. (staff: Cameron Gloss; 3 minute staff presentation; 10 minute discussion) The purpose of this item is to adopt Findings of Fact and Conclusions regarding the three Appeals of the Change of Use Building Permit for Fraternity Use at 201 E. Elizabeth Street. On July 21, 2015, the City Council voted 6-0 on the motion that the Zoning Board of Appeals conducted a fair hearing and properly interpreted and applied relevant sections of the Land Use Code in upholding the decision of the Community Development and Neighborhood Services (CDNS) Director. As part of its action, the City Council added the condition that the applicant must install an NFPA 13D fire sprinkler system within 24 months.  OTHER BUSINESS  ADJOURNMENT Agenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY July 28, 2015 City Council STAFF Cameron Gloss, Planning Manager SUBJECT Resolution 2015-072 Making Findings of Fact And Conclusions of Law Regarding Three Appeals of the Zoning Board of Appeals Decision Regarding the “Change of Use-Building Permit” for Fraternity Use, 201 East Elizabeth Street. EXECUTIVE SUMMARY The purpose of this item is to adopt Findings of Fact and Conclusions regarding the three Appeals of the Change of Use Building Permit for Fraternity Use at 201 E. Elizabeth Street. On July 21, 2015, the City Council voted 6-0 on the motion that the Zoning Board of Appeals conducted a fair hearing and properly interpreted and applied relevant sections of the Land Use Code in upholding the decision of the Community Development and Neighborhood Services (CDNS) Director. As part of its action, the City Council added the condition that the applicant must install an NFPA 13D fire sprinkler system within 24 months. STAFF RECOMMENDATION Staff recommends adoption of the Resolution BACKGROUND / DISCUSSION On April 15, 2015 the CDNS Director issued a building permit to change the use of the property located at 201 East Elizabeth Street to fraternity, with the following three conditions: (1) The building shall be limited to 18 occupants; (2) No fraternity meeting shall exceed 18 attendees; and (3) 8 off-street parking spaces are provided as shown on the site plan dated March 26, 2015. After the issuance of the building permit to change the use of the property and in accordance with the Land Use Code Sections 2.7.3(L) and 2.11.1(A), this decision was appealed to the Zoning Board of Appeals (ZBA) by four different appellant parties. The ZBA conducted a public hearing on May 14, 2015. At the end of the hearing, the ZBA approved the motion to uphold the decision of the CDNS Director. Three separate appeals of the ZBA's decision were filed with the City Clerk. The three parties of appellants are as follows:  McGrew Appeal: Aaron McGrew, Ashley McGrew, Joseph Piesman, Ray Frush, Lisa Moravan, and Mark Havens  Snyder Appeal: John Snyder  Laupa Appeal: Cindy Laupa and John Laupa (represented by: Jamie Baker Roskie, Attorney at Law) The City Code outlines six errors that can occur during the decision making process. The three parties filed an appeal on the following alleged errors: 1 Packet Pg. 2 Agenda Item 1 Item # 1 Page 2  Failure to properly interpret and apply relevant provisions of the Land Use Code. (McGrew, Snyder and Laupa Appeals)  Failure to conduct a fair hearing, in that the Board exceeded its authority or jurisdiction as contained in the Code or Charter. (Snyder and Laupa Appeals)  Failure to conduct a fair hearing in that, the Board considered evidence, relevant to its findings, which was substantially false or grossly misleading. (McGrew, Snyder and Laupa Appeals). Council voted 6-0 on the motion that the Zoning Board of Appeals conducted a fair hearing and properly interpreted and applied relevant sections of the Land Use Code in upholding the decision of the Community Development and Neighborhood Services (CDNS) Director. As part of its action, the City Council added the condition that the applicant must install an NFPA 13D fire sprinkler system within 24 months. 1 Packet Pg. 3 - 1 - RESOLUTION 2015-072 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING THREE APPEALS OF THE ZONING BOARD OF APPEALS DECISION REGARDING THE “CHANGE OF USE-BUILDING PERMIT” FOR FRATERNITY USE, 201 EAST ELIZABETH STREET WHEREAS, on April 15, 2015 the Community Development and Neighborhood Services (“CDNS”) Director issued a “Change of Use-Building Permit” #B1502349 (“Director’s Decision”) authorizing a change of use permit approving the reestablishment of a previously abandoned fraternity house use on the property located at 201 East Elizabeth Street, Fort Collins, Colorado (the “Property”) owned by applicant Paul Milewski (“Applicant”), subject to certain conditions; and WHEREAS, the Director’s Decision stated that review of the application was in accordance with Land Use Code Section 3.8.25, and that the application request meets the standards of Article 3 and Article 4 of the Land Use Code “to the extent reasonably feasible” provided that the following conditions addressing Land Use Code Section 3.5.1(J) “operational compatibility” are met: (1) the building occupants shall be limited to 18 occupants; (2) no fraternity meetings shall exceed 18 attendees; and (3) 8 off-street parking spaces are provided as shown on the site plan dated March 26, 2015; and WHEREAS, the Director’s Decision was subsequently appealed to the Zoning Board of Appeals (the “Board”) pursuant to Division 2.11 of Land Use Code pertaining to appeals from administrative decisions and at the conclusion of a duly noticed public hearing on May 14, 2015 (Agenda Item BPA 15001) the Board upheld the Director’s Decision (the “Board Decision”); and WHEREAS, three Notices of Appeal of the Board Decision (referred to collectively as the “Appeals”) were filed with the City Clerk, including a Notice of Appeal of the Board Decision filed by Tom and Cindy Laupa (the “Laupa Appeal”) and a Notice of Appeal of the Board Decision filed by John Snyder (the “Snyder Appeal”), each of which was filed on May 27, 2015, as well as a Notice of Appeal filed by Aaron and Ashley McGrew, Joseph Piesman, Ray Frush, Lisa Moravan and Mark Havens (the “McGrew Appeal”) on May 28, 2015 (the parties filing the Appeals are referred to individually as “Appellant” or collectively as “Appellants”); and WHEREAS, the Appeals alleged that the Board failed to conduct a fair hearing in that (1) the Board exceeded its authority or jurisdiction as contained in the City Code or Charter (Snyder Appeal and Laupa Appeal); and (2) the Board considered evidence relevant to its findings, which was substantially false or grossly misleading (Snyder Appeal, Laupa Appeal, and McGrew Appeal); and WHEREAS, the Appeals further alleged that the Board failed to properly interpret and apply various relevant provisions of the Land Use Code (Snyder Appeal, Laupa Appeal, and McGrew Appeal); and Packet Pg. 4 - 2 - WHEREAS, on July 21, 2015 the City Council, after notice given in accordance with Chapter 2, Article II, Division 3, of the City Code, considered the Appeals, reviewed the record on appeal, and heard presentations from the Appellants and other parties-in-interest (the “Council Hearing”); and, WHEREAS, at the Council Hearing, the Mayor consolidated the Appeals for consideration by Council and established procedures for the conduct of the hearing of all three Appeals in the interest of expediting the hearing in accordance with City Code Section 2-54(e); and WHEREAS, after discussion, the City Council found and concluded based on the evidence in the record and presented at the hearing that: (1) the Board conducted a fair hearing and did not exceed its authority or jurisdiction or consider relevant evidence that was substantially false or grossly misleading; (2) the Board Decision upholding the Director’s Decision was modified by the addition of one condition requiring the Applicant to install an NFPA 13D fire sprinkler system with 24 months; and (3) except as to the addition of one condition as stated, the Snyder Appeal, the Laupa Appeal, and the McGrew Appeal are without merit and are denied; and WHEREAS, City Code Section 2-55(g) provides that no later than the date of its regular meeting after the hearing of an appeal, City Council shall adopt, by resolution, findings of fact in support of its decision on the Appeal. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that, pursuant to Section 2-55(g) of the City Code, the City Council hereby makes and adopts the following findings of fact and conclusions: 1. That the grounds for appeal as stated in the Appellants’ Notices of Appeal conform to the requirements of Section 2-48 of the City Code. 2. That based on the evidence in the record and presented to at the Council Hearing, the recitals set forth above are adopted as findings of fact. 3. That based on the evidence in the record and presented at the Council Hearing, the Board did not fail to conduct a fair hearing by exceeding its authority or jurisdiction or by considering evidence relevant to its findings that was substantially false or grossly misleading. 4. That based on the evidence in the record and presented at the Council Hearing: a. the Certificate of Occupancy for the Property dated May 2, 1978 is valid and authorizes use of the Property as fraternity; and b. the Director’s Decision allowing resumption of the permitted use as a fraternity under Section 3.8.25 of the Land Use Code, subject to the conditions set forth therein, and the Board Decision upholding the Director’s Decision are hereby approved; and Packet Pg. 5 - 3 - c. the Director’s Decision and Board Decision are hereby modified by addition the following condition: Applicant shall install within the building located on the Property an NFPA 13D fire sprinkler system with 24 months after the date on which this Resolution is adopted by City Council; and d. the relevant sections of the City Code and Land Use Code were properly interpreted and applied in the Director’s Decision and the Board Decision, including but not limited to: 1) Land Use Code Section 1.7.2 – Conflict with Other Laws 2) Land Use Code Section 2.2.10(A) – Step 10: Amendments (of Common Development Review Procedures) 3) Land Use Code Division 2.11 – Appeal from Administrative Decisions 4) Land Use Code Section 3.8.25 – Permitted Uses: Abandonment Period/Reconstruction of Permitted Uses 5) Land Use Code Section 4.9(B)(3) – Neighborhood Conservation, Buffer District (N-C-B) (uses permitted subject to Planning and Zoning Board Review) 6) Land Use Code Section 5.1.2 – Definitions 7) Eastside Neighborhood Plan 8) International Building Code, as adopted by the City 9) City Code Chapter 2, Article II, Division 3 – Appeals Procedures 10) Other sections as set forth in the Appeals or considered at the Council Hearing; and e. except as stated in this Resolution, the Appeals are found to be without merit and are denied. 5. That adoption of the Resolution shall constitute the final action of the City Council in accordance with city Code Section 2-55(g). Passed and adopted at an adjourned meeting of the Council of the City of Fort Collins this 28th day of July, A.D. 2015. _________________________________ Mayor ATTEST: _____________________________ Chief Deputy City Clerk Packet Pg. 6 City of Fort Collins Page 1 Wade Troxell, Mayor Council Information Center (CIC) Gerry Horak, District 6, Mayor Pro Tem City Hall West Bob Overbeck, District 1 300 LaPorte Avenue Ray Martinez, District 2 Fort Collins, Colorado Gino Campana, District 3 Kristin Stephens, District 4 Cablecast on City Cable Channel 14 Ross Cunniff, District 5 on the Comcast cable system Carrie Daggett Darin Atteberry Wanda Nelson City Attorney City Manager City Clerk The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224- 6001) for assistance. City Council Work Session July 28, 2015 After the Adjourned Meeting, which begins at 6:00 p.m.  CALL TO ORDER. 1. Broadband Strategic Plan. (staff: SeonAh Kendall, Mike Beckstead; 20 minute staff presentation; 40 minute discussion) The purpose of this item is to provide City Council an update of the Broadband Strategic Plan project, including work-to-date and next steps pre- and post- November Colorado Senate Bill 05-152 (SB05-152) ballot issue. 2. Review of the Northern Integrated Supply Project. (staff: John Stokes; 20 minute staff presentation; 45 minute discussion) The purpose of this agenda item is to provide an opportunity to review and discuss staff’s initial findings and concerns related to the Northern Integrated Supply Project and associated Supplemental Draft Environmental Impact Statement.  OTHER BUSINESS.  ADJOURNMENT. DATE: STAFF: July 28, 2015 Seonah Kendall, Economic Policy & Project Manager Mike Beckstead, Chief Financial Officer WORK SESSION ITEM City Council SUBJECT FOR DISCUSSION Broadband Strategic Plan. EXECUTIVE SUMMARY The purpose of this item is to provide City Council an update of the Broadband Strategic Plan project, including work-to-date and next steps pre- and post- November Colorado Senate Bill 05-152 (SB05-152) ballot issue. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED 1. Does City Council support the updated work plan for the Broadband Strategic Plan project? 2. Does Council have additional questions? BACKGROUND / DISCUSSION At the March 24, 2015 Work Session, City staff presented the Broadband Strategic Plan Update, which included a high-level project scope. As staff began implementing the project plan, the question about Colorado Senate Bill 05-152 (SB-152) continued to emerge as a constraint to developing options. SB-152 refers to a 2005 state law that prohibits local government from having any direct or indirect involvement in providing telecommunication services such as free WiFi hot spots, leveraging city-owned fiber infrastructure and/or partnering with private businesses to provide affordable, high-speed internet services throughout the entire community. Any municipality in the state of Colorado considering providing these services needs local voter approval to set aside the restriction. As the demand for more advanced, reliable and affordable broadband service rises, citizens and the City must define our role. “Next generation” high-speed internet services are becoming an important infrastructure for communities in the 21st century. The City currently has ownership or rights to many miles of underground conduit and fiber that is currently used to support the City’s operations. Some of this fiber could be used to support fiber- optic broadband expansion in the community; however, the City needs to analyze if and how existing resources may be utilized to achieve this goal. SB-152 A voter-approved exemption from SB05-152 would restore the City’s autonomy and ability to evaluate all potential uses and business models for next-generation broadband services in Fort Collins. An exemption supports local choice and options, allowing the City and citizens to make the best decisions based on the needs of our community. It is important to note that voting on this issue would not commit the City to providing broadband services in Fort Collins, nor does it mean that we would have such service available immediately. If Council chooses to refer the ballot measure on August 18, the community will be asked to vote on the SB05-152 exemption on Tuesday, November 3, 2015. Project update Due to support for a ballot initiative, the project timeline presented on March 24, 2015 has been adjusted. July 28, 2015 Page 2 Project to-date  Released Request for Proposal “8108 Broadband Engagement Services.”  Hired Magellan Advisors (Magellan), a leading public sector broadband consultant, is assisting the City in regards to the overall broadband engagement plan and benchmark analysis.  Met with Longmont, Loveland and Estes Park to understand scope of each community’s projects.  Developed educational materials in regard to SB-152 and updated fcgov.com/broadband website. (Attachments 1 and 2).  Created Broadband Public Engagement Plan (Attachment 3).  Hosted Open Houses May 4, 2015 and July 16, 2015.  Identified benchmark communities based on different business model approaches.  Presented to the following organizations/associations and boards and commissions: Fort Collins Area Chamber of Commerce, North Fort Collins Business Association, Energy Board and Economic Advisory Commission, Board and Commission “Super Meeting” scheduled for July 29. Staff is recommending the following changes to the project timeline: Timeframe Key Activities Present to August 18, 2015  Community engagement and education about SB-152 o Super Boards & Commissions meeting on July 29, 2015 o South Fort Collins Business Association presentation on August 11, 2015 o Open House August 12, 2015 at Council Tree Library o Fort Collins Area Chamber of Commerce Local Legislatives Affairs Committee August 14, 2015 o New West Fest booth August 14-16, 2015 August - November 2015  Case studies and benchmarking work with Magellan and staff  Market analysis  Possible release of RFP 2 - Feasibility Study November 3, 2015  Election November 4, 2015 (If Voter Disapproval)  Status Quo  Review internal City policies and procedures  Community engagement November 4, 2015 - Summer 2016 (If Voter Approval)  Community engagement and needs assessment  Feasibility analysis based on community engagement  Formation of a Citizen Advisory Committee  Recommendation to City Council The benchmarking, case studies and market analysis is an important precursor to any feasibility study. The documentation of 15-20 communities’ different approaches to the implementation of broadband creates a knowledge base for the benchmarking and case studies. Communities selected represent similar demographics such as university town, population and market. Case studies allow the City to learn from the successes, failures, best practices, goals and obstacles of others. The market analysis is an inward look at the existing broadband conditions/market in Fort Collins such as the documentation of providers, services, prices, gaps, availability, etc. In addition, the market analysis will use GIS mapping to illustrate how the community is currently served. All the described work above sets the groundwork for the analysis in the feasibility study. Thus far, staff has identified the following business models to compare benchmark communities:  Wholesale Provider Business Model (City provides only wholesale transport, aka lit fiber services)  Dark Fiber Only  Emerging Public-Private Partnerships  Retail Provider Business Model (City provides all retail services)  Policy Development  Failed Projects (lessons learned) 1 July 28, 2015 Page 3 It is important to note that the work being done until August 18, 2015 by City staff will focus on SB-152. Voter approval of a ballot measure to set aside the SB-152 restrictions does not commit a city to provide broadband services. A voter-approved exemption from SB-152 would restore the City’s autonomy to evaluate all possibilities for next-generation broadband services in Fort Collins. It supports local choice and options, allowing the community to make the best decisions based on the needs of our citizens. Future work will include public input on the different business models after the election. ATTACHMENTS 1. Broadband Strategic Plan FAQs (PDF) 2. Broadband Info Brochure (PDF) 3. Public Engagement Plan (PDF) 4. Powerpoint presentation (PDF) 1 Packet Pg. 4 Broadband Strategic Plan FAQs Broadband Internet Services June 30, 2015 Q: What is broadband? A: Broadband is a term used to describe a wide range of different types of internet services that provide speeds significantly faster than those available through “dial-up”. The Federal Communications Commission’s National Broadband Plan now defines broadband service as providing a minimum of 25 mbps download speeds and 3 megabit upload speeds. Q: What is “Next Generation” Broadband? A: “Next Generation” broadband is capable of providing dramatically faster and higher quality Internet service, 10 to 100 times faster than many of the current broadband services today. Many next generation broadband services offer residential customers Internet speeds of up to 1 Gigabit per second at prices similar to what consumers pay today. The Fort Collins Broadband Strategic Plan is focusing on how next generation broadband services develop in Fort Collins. Q: What’s the difference between broadband and Internet? A: Broadband is the local connection that enables homes and businesses to get to the Internet. In most cases, these connections use copper wires from a local cable or DSL modem; however, next- generation broadband uses fiber-optic cables to connect to the Internet. Fiber-optic broadband can carry much more data and faster so it allows users have greater access to the Internet. Q: Is Next Generation broadband available in Fort Collins? A: Since early 2015, several service providers have announced plans to upgrade their broadband services to make residential Next Generation broadband available in Fort Collins, but have not provided a timeline or information in regard to servicing all community members within the Fort Collins Growth Management Area. Q: Why is Next Generation broadband important to Fort Collins? A: Internet applications are using more and more broadband capacity every day as more information, education and entertainment content is enabled online. Citizens of Fort Collins should have access to everything the Internet has to offer, without being restricted by their local broadband services. It will support citizens’ needs to run their local businesses, ensure their children have the best opportunities to learn through technology and access the wealth of information and entertainment options that the Internet provides. ATTACHMENT 1 1.1 Packet Pg. 5 Attachment: Broadband Strategic Plan FAQs (3375 : Broadband) Q: How would having Next Generation broadband impact the community? A: Studies on broadband show an important correlation with local economic vitality by improving the performance and cost effectiveness of business services, providing better support for the emerging “creative class,” supporting school technology programs, allowing those that can work from anywhere more options, and generally enhancing the community as a center of innovation. Access to next generation broadband increases development opportunities, allows greater access to training and job searches and promotes more adoption of Internet services by the community. Q: Is the City going to become my Internet provider? A: At this point, the City has no immediate plans to become a provider of Internet, television or other services. However, we will be evaluating all possible options to ensure our citizens receive the services they need. We will be evaluating a range of feasible options that make the most sense for our community and are economically viable. A voter-approved exemption allows the City to move forward with a wide range of options but doesn’t commit the City to any one course of action. Broadband Strategic Plan Project Q: Why is the City looking at broadband? A: The City of Fort Collins, local education institutions, data oriented businesses, and community leaders recognize the increasing importance of broadband services to the community. The purpose of the Broadband Strategic Plan is to better understand the community’s current and future expectations regarding both residential and business broadband services and to then define a strategy for how those expectations can best be met. Legislative Issues Q: What is SB05-152, and how does it impact how broadband services are provided in a community? A: SB05-152 refers to a 2005 State Law that sets limits on local government involvement in providing broadband services. SB05-152 prohibits local government from having any direct or indirect involvement in providing broadband services, which includes providing free WiFi services in public places, entering into partnerships with private broadband providers to enhance local broadband services or providing any broadband services directly to residents or businesses. Overriding SB05-152 via a local vote allows the City to consider many more options to ensure that Fort Collins receives the broadband services it needs as a community. This ultimately means more 1.1 Packet Pg. 6 Attachment: Broadband Strategic Plan FAQs (3375 : Broadband) choice for residents and businesses in how they receive their broadband services and from what providers. Q: What are the impacts of overturning SB05-152 locally? A: Voter approval of a ballot measure to set aside the SB05-152 restrictions does not commit a city to provide broadband services. A voter-approved exemption from SB-152 would restore the City’s autonomy to evaluate all possibilities for next-generation broadband services in Fort Collins. It supports local choice and options, allowing the community to make the best decisions based on the needs of our citizens. Voters in a number of Colorado communities (Centennial, Boulder, Estes Park, Longmont) have set aside SB05-152 restrictions to restore this local decision-making process. 1.1 Packet Pg. 7 Attachment: Broadband Strategic Plan FAQs (3375 : Broadband) CITY OF FORT COLLINS BROADBAND INTERNET & SB-152 2015 As the demand for more advanced, reliable and affordable broadband service rises, the City must define its ongoing role. “Next generation” high-speed internet services are becoming important infrastructure for communities in the 21st century. WHAT IS FIBER-OPTIC BROADBAND? As more of daily life is carried out online, the importance of having high-speed, reliable Internet access grows for residents, businesses, schools, healthcare organizations and governments. Fiber-optic broadband is a solution that accommodates current and future needs for Internet access. Fiber-optic broadband provides Internet connectivity to homes and businesses through very small strands of glass instead of the copper wire found in traditional services such as DSL and cable. Fiber-optic broadband uses pulses of light to transmit data at greater speeds and with more reliability. Compared with traditional broadband, fiber-optic broadband speeds are typically 10 to 100 times faster, enabling residents and businesses to use more devices and applications simultaneously without slowdowns or connection issues. This means faster, more reliable access to the Internet. DOES THE CITY OWN ANY FIBER RESOURCES IN FORT COLLINS? Yes. The City currently has ownership or rights to many miles of underground conduit and fiber that is currently used to support the City’s operations. Some of this fiber could be used to support fiber-optic broadband expansion in the community; however, the City needs to analyze if and how its current resources may be used to achieve this goal. As the demand for affordable, next-generation broadband increases, the community must define the role the City plays in how these services develop in Fort Collins. Next-generation broadband has become critical for communities in the 21st century and cities across the country are considering their options to ensure their communities are connected. This information from the City of Fort Collins answers frequent fcgov.com/broadband questions about broadband internet and SB-152. LEARN MORE AT ATTACHMENT 2 1.2 Packet Pg. 8 Attachment: Broadband Info Brochure (3375 : Broadband) UNDERSTANDING COLORADO SENATE BILL 152 Colorado Senate Bill 05-152 (SB-152) is a measure passed by the Colorado Legislature in 2005. Its intent was to limit governments from competing with the private sector. Among other provisions, it requires local governments to secure voter approval before entering into the broadband business. Without such approval, the law limits the ability of Colorado cities to provide a wide spectrum of services, including: HOW WOULD AN EXEMPTION FROM SB-152 BENEFIT FORT COLLINS? A voter-approved exemption from SB-152 would restore the City’s autonomy and ability to evaluate all possibilities for next-generation broadband services in Fort Collins. An exemption supports local choice and options, allowing the City and citizens to make the best decisions based on the needs of our community. Fort Collins is home to Colorado State University and an outstanding public school system that use the Internet for world-class research and business. Fort Collins is also home to a unique blend of big and small technology companies and other innovative, unique businesses. Fort Collins has a tech-savvy culture and a strong economic base with diverse employment opportunities that could benefit from enhanced broadband services. Some of the outcomes could include: Intensified Innovation by local businesses and entrepreneurs who are already nationally recognized for spurring new startups, ideas and technologies. Better access to high-speed broadband would increase the City’s ability to retain companies that demand this level of service. A More Connected Community, with new avenues for public engagement in local decision-making, new frontiers for digital governance, and new opportunities for connected social spaces and creative networking. Enhanced Efficiency and Improved Quality of Life, as Fort Collins residents and businesses would be able to do more, more quickly and with less frustration, leaving more time for enjoying the great outdoors. Inclusive Internet Access, by partnering with local institutions such as CSU, Front Range Community College and the Downtown Business Association to ensure that more citizens are connected and empowered to participate, innovate, and succeed thereby reducing the digital divide. Reductions in Carbon as high-speed Internet empowers employees to work more effectively from home and allows local businesses to support clients worldwide, without having to travel. HOW WOULD THIS IMPACT MY INTERNET ACCESS? The City’s goal is to ensure that our residents, businesses and community anchors are equipped with the Internet services they need, now and in the future. There are many ways that the City can support development of next-generation broadband in our community and we will explore all feasible options to achieve this goal. PUBLIC ENGAGEMENT PLAN PROJECT TITLE: BROADBAND OVERALL PUBLIC INVOLVEMENT LEVEL: COLLABORATE BOTTOM LINE QUESTION: What is the community vision and need regarding broadband? What is the City’s role in achieving the vision and meeting the need? KEY STAKEHOLDERS: - Neighbors/Residents - Business Community - Medical Industry - Education Institutions (CSU, FRCC, PSD) - Development Community - Current and Possible Service Providers - PRPA - Boards and Commissions: EAC, DDA - Citizens TIMELINE: March 2015 - 2016 Phase 1: Involve/Collaborate Timeframe: March-November 2015 Key Messages: (Need to educate public and set stage for informed discussions/visioning)  As the demand for more advanced, reliable and affordable broadband service rises, the City must define its ongoing role in ensuring access is provided.  "Next generation" high-speed internet services are becoming important infrastructure for communities in the 21st century. This demand for service is challenging local communities to develop effective strategies for connecting citizens, businesses and institutions  What are the community needs and desires regarding broadband?  SB05-152 prohibits local government from having any direct or indirect involvement in providing telecommunications services.  Overriding SB05-152 via a local vote allows the City to consider many more options to ensure that Fort Collins receives the broadband services it needs as a community. Tools and Techniques:  Webpage-develop and promote informational webpage to be used throughout project for information, updates, and project tracking.  Board and Commission Super Meeting – July29. Educate, share feedback to date, and provide timeline to ensure B&C feedback prior to Council work sessions/meetings.  Open Houses-July 16 and August 12 to educate citizens on issue and possibilities.  Social media/Online Engagement. PHASE 2: Involve/Collaborate Timeframe: November 2015-April 2016 (Assuming SB-152 Exemption) Key Messages: (Use benchmark and feasibility data to further determine community desires for broadband)  Continue Education and share public feedback to date.  Share Benchmarking and Market Analysis results (form questions based on results.)  We have options as a community…what is desired? ATTACHMENT 3 1.3 Packet Pg. 10 Attachment: Public Engagement Plan (3375 : Broadband) Tools and Techniques:  Website  Soapbox  Social media/Online Engagement  Follow-up with interested Boards and Commissions  Host Community Issue Forum with Center for Public Deliberation  Stakeholder specific focus groups  Open Houses PHASE 3: Inform and Consult/Involve Timeframe: April 2016-December 2016 Key Messages: (Convey recommended outcome and solicit feedback)  Actions and study results to date.  Highlight recommended option, determine if community supports. Tools and Techniques:  Website  Open Houses – final feedback  Social media/Online Engagement 1.3 Packet Pg. 11 Attachment: Public Engagement Plan (3375 : Broadband) Project Update July 28, 2015 1 ATTACHMENT 4 1.4 Packet Pg. 12 Attachment: Powerpoint presentation (3375 : Broadband) Overview • Project Changes • SB-152 November 2015 Overview • Project Modified Timeline (assumption of SB-152 Exemption Approval) 2 1.4 Packet Pg. 13 Attachment: Powerpoint presentation (3375 : Broadband) Original Timeline – March 24, 2015 3 March April May June July August September October November December Phase 1 Gather Benchmark & Market Data Phase 2 Community Engagement Phase 3 Feasibility Study March 24 Council Work Session July 28 Work Session December 8 Recommendation to City Council 1.4 Packet Pg. 14 Attachment: Powerpoint presentation (3375 : Broadband) Current Timeline – July 16th 4 Mar Apr May Jun Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun Phase 1 - Benchmark/ Case Write-ups Phase 2 – SB152 Comm Engagement Phase 3 Feasibility Study March 24 Council Work Session July 28 Work Session Summer 2016 Recommendation to City Council November 3 Election Ballot Set Start Quiet Period Phase 2 – City Role Comm Engagement 1.4 Packet Pg. 15 Attachment: Powerpoint presentation (3375 : Broadband) City must be silent on issue after referral June 2015 Election November 3 Ballots Mailed October 12-16 Council Meeting: Preferred Date to Refer Ballot Language August 18 July 28 Council Meeting : Second Reading of Ordinance calling Special Election August 18 Public Engagement Begins June Council Meeting : First Reading of Ordinance calling Special Election July 21 SB-152 Timeline – November Election November 2015 Market Analysis Begins Late August Council Work Session: Project Update 1.4 Packet Pg. 16 Attachment: Powerpoint presentation (3375 : Broadband) 6 Core Team – Work to Date • Team visit to Longmont • Review of financials, operations, marketing, customer service, billing system • Seminars & Conferences - 2015 • SeonAh attended Gigabit City Summit, Kansas City, KS – January • Ginny and Andres attended Broadband Communities Summit, Austin, TX – April • Tom and Andres attended Mountain Connect, Vail, CO – June • Other Presentations • Open House: Comcast Franchise Renewal and Broadband – May 4 • Over 40 attended • SeonAh presented to the Energy Board – May 7 • Mike and Jessica presented to the Fort Collins Chamber LLAC – May 8 • Joined Next Century Cities – promotes broadband 1.4 Packet Pg. 17 Attachment: Powerpoint presentation (3375 : Broadband) 7 Core Team – Work to Date • Website Update • http://www.fcgov.com/broadband/ • 1st newsletter “Broadband Update – July 2015” went out on July 8 • Available eNewsletter sign up • Updated contact info to broadband@fcgov.com • Meeting with Loveland’s Broadband Project Team • Mike, Jessica and SeonAh met with Loveland’s team to discuss commonalities, challenges and possible future meetings • Next scheduled meeting is Friday, July 24 • Magellan hired for Benchmarking and Engagement 1.4 Packet Pg. 18 Attachment: Powerpoint presentation (3375 : Broadband) 8 SB-152 Work to Date • Materials produced • Brochure • FAQ updated – modeled after Estes Park • Ads ready to run • Darin’s “In the City” column (http://www.coloradoan.com/story/news/2015/07/13/fort-collins- broadband-vote/29671185/) • Citizen Champion Team in process • Team selection under review – Darin • Team Role – support election as needed during silent period 1.4 Packet Pg. 19 Attachment: Powerpoint presentation (3375 : Broadband) 9 SB-152 Outreach • Boards & Commission Updates • Economic Advisory Commission – July 15 • Super Boards & Commission meeting – July 29 • Other Outreach • Fort Collins Chamber LLAC – August 14 • CSU Lagoon Series – July 1 – August 18 • North Fort Collins Business Association – July 22 • South Fort Collins Business Association – August 11 • New West Fest – August 14 – 16 • SB-152 Engagement Open House meetings scheduled • July 16 & August 12 1.4 Packet Pg. 20 Attachment: Powerpoint presentation (3375 : Broadband) Potential Ballot Language PROPOSED CITY-INITIATED REFERENDUM SETTING ASIDE LIMITATIONS ON LOCAL GOVERNMENT COMPETITION IN UTILITY AND ENTERTAINMENT SERVICES UNDER TITLE 29, CHAPTER 27 OF THE COLORADO REVISED STATUTES – SB05-152 Without limiting its home rule authority, and in order to restore local authority, shall the City of Fort Collins be authorized to provide, either directly or indirectly with public or private sector partners, high-speed internet services (i.e. “advanced services”), telecommunications services, and cable television services to residents, businesses, schools, libraries, nonprofit entities and other users of such services located within the boundaries of the City of Fort Collins growth management area, as expressly permitted by §§ 29-27-101 to 304 of the Colorado Revised Statutes? 10 1.4 Packet Pg. 21 Attachment: Powerpoint presentation (3375 : Broadband) 11 Upcoming Project Tasks Benchmarking, Case Studies & Market Analysis • Precursors to the feasibility study • Knowledge building about municipal broadband options • Benchmarks for comparison in the feasibility study • Baseline knowledge of Fort Collins’ local broadband environment 1.4 Packet Pg. 22 Attachment: Powerpoint presentation (3375 : Broadband) 12 Upcoming Project Tasks Benchmarking & Case Studies • Knowledge building for Fort Collins team • Document 15-20 cities implementing municipal broadband • Cities similar to Fort Collins – university community, population, market • Case studies: Successes, failures, best practices, goals, obstacles • Financial metrics: Funding, revenue, uptake, profitability, return • Relevant inputs to the feasibility study • Use benchmarks to forecast outcomes in the feasibility study 1.4 Packet Pg. 23 Attachment: Powerpoint presentation (3375 : Broadband) 13 Upcoming Project Tasks Market Analysis • Document existing broadband market in Fort Collins • Use mapping to illustrate how community is served • Document providers, services, pricing, availability • Gaps, types of issues, severity • Review of existing local policy • Groundwork for analysis in the feasibility study 1.4 Packet Pg. 24 Attachment: Powerpoint presentation (3375 : Broadband) 14 Questions and Discussion 1.4 Packet Pg. 25 Attachment: Powerpoint presentation (3375 : Broadband) DATE: STAFF: July 28, 2015 John Stokes, Natural Resources Director WORK SESSION ITEM City Council SUBJECT FOR DISCUSSION Review of the Northern Integrated Supply Project. EXECUTIVE SUMMARY The purpose of this agenda item is to provide an opportunity to review and discuss staff’s initial findings and concerns related to the Northern Integrated Supply Project and associated Supplemental Draft Environmental Impact Statement. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED 1. Are there any questions about the Northern Integrated Supply Project’s impacts to the City? 2. Is there any further guidance from Council as to how the City should respond to the Supplemental Draft Environmental Impact Statement for the Northern Integrated Supply Project? BACKGROUND / DISCUSSION Executive Summary The Northern Colorado Water Conservancy District (Northern) is the project sponsor for a municipal water storage and supply project known as the Northern Integrated Supply Project (NISP). NISP is a project proposed and designed by Northern and fifteen municipalities and water districts, including the Fort Collins-Loveland Water District (FCLWD), a municipal water provider serving a portion of Fort Collins. In 2008, City Council endorsed a set of comprehensive comments to the United State Army Corps of Engineers (Corps) regarding the NISP Draft Environmental Impact Statement. Those comments can be found at: <http://www.fcgov.com/nispreview/> Council also adopted a resolution 2008-082, stating that it opposed NISP as it was described at the time. (Attachment 1) The Corps decided to perform a Supplemental Draft Environmental Impact Statement (SDEIS) which describes the proponents’ preferred alternative (as well as three additional alternatives). It was published on June 19. The SDEIS is a federally-required detailed review of the environmental impacts of the proposed project alternatives. The Corps must issue a permit for the project before it may proceed to construction. Public comments regarding the SDEIS are due to the Corps on or before September 3, 2015. Staff and a consultant team are reviewing the SDEIS and preparing comments for Council’s consideration at its regular September 1 meeting. This work session is an opportunity for staff to share its initial thoughts about the SDEIS and to discuss them with Council. Staff has focused its comments on the preferred alternative (which has two variations). In general, staff believes that in certain areas the SDEIS represent a significant improvement over the 2008 Draft Environmental Impact Statement (DEIS). The Common Technical Platform (CTP) required by the Corps for the hydrological modeling underlying the SDEIS has provided valuable baseline information to its analysts and reviewers. Furthermore, the CTP is being used in the City’s EIS process for the Halligan Water Supply Project. Based on the CTP, the impacts analysis of the SDEIS has been strengthened in certain key areas. In addition, 2 Packet Pg. 26 July 28, 2015 Page 2 the SDEIS includes a conceptual mitigation plan put forward by Northern that provides an overview of how the project proponents propose to deal with some of the unavoidable impacts of NISP. Notwithstanding these valuable improvements, as summarized below, staff continues to have significant concerns with respect to NISP’s impacts to the City and the apparent failure of the SDEIS to adequately describe all of the impacts. The concerns include potential water quality degradation that could affect water and wastewater treatment facilities, environmental concerns related to the long-term impacts of NISP on habitat; and, a mitigation plan that does not adequately address these concerns. Introduction NISP is a municipal water supply project designed by Northern and fifteen municipalities and water districts, including the FCLWD, a municipal water provider serving a portion of Fort Collins. As discussed by staff at the May 12 work session, NISP would involve substantial diversions of water from the Poudre River. The preferred alternative for NISP (as well as three additional alternatives) would divert water from the Poudre River below the canyon mouth and above Fort Collins, thereby reducing flows through town. Water from these upstream diversions would be stored in Glade Reservoir north of Fort Collins. The Corps has analyzed the project alternatives in the June 19 SDEIS. Comments on the SDEIS are due on or before September 3. Previous Council Direction At the May 12 Council Work Session, staff presented background on NISP and staff’s proposed approach to commenting on the SDEIS, which Council approved. The approach to the current SDEIS is similar to the City’s approach to commenting on the original DEIS in 2008, such that the City is examining and preparing comments on various “themes” or topics that are directly relevant to the City’s interests, including investments and policy decisions. Pursuant to Council direction, staff has thus taken an analytical and data-driven objective approach, and not taken an approach based on a position either for or against the project. Please note that the comments of the team focus on the preferred alternative. There are two versions of the preferred alternative. The major distinction is the potential in one version for delivery of water into Horsetooth from Glade Reservoir. SDEIS and Staff’s Ongoing Review and Outreach The summary of concerns and other issues in this Agenda Item Summary are based on a preliminary review of the nearly 1,500-page SDEIS, in addition to its various additional models and technical reports. Thus, these are high level comments that are intended to represent what staff perceives as key issues that will have a direct impact to the City. Because these comments are preliminary in nature and there has been limited time to fully develop them, staff wants to emphasize that they are not all-inclusive. Staff has not had time to utilize the City’s Poudre Ecosystem Response Model in order to refine its understanding of NISP-related impacts; nor has staff had time to compare SDEIS predictions for river health with the City’s river health metrics. Nor do the comments, at this point, integrate the various themes and fully consider their interdependency, such as the relationship between water quality issues, peak flows, and fish habitat issues. Finally, staff has not had sufficient time to better understand how the conceptual mitigation plan proposed by Northern could (or should) be improved. Notwithstanding these limitations, the preliminary comments are a reasonably good representation of the core concerns and observations that will underlie more detailed comments to be provided to Council on September 1. In addition to Council meetings, staff plans to make presentations to the Water Board, the Natural Resources Advisory Board, Planning and Zoning Board, and the Land Conservation and Stewardship Board. Brief information also will be provided at the June 29 “super board” meeting. Staff will appear on a Cross Currents broadcast about NISP and provide brief comments at the open house to be held by the Army Corps of Engineers on July 22. 2 Packet Pg. 27 July 28, 2015 Page 3 Larger Context for Consideration of NISP Poudre River The Poudre River is the main source of water for a large area of northeastern Colorado. For over 150 years, water has been diverted for agricultural, residential, and commercial uses. The Poudre River is a remarkably successful example of a river that effectively delivers water for these needs. In addition to the economic achievements represented by diversions of water from the stream, significant environmental needs or values also have been achieved; for example, the Wild and Scenic designation of much of the canyon reach of the River provides long-term protection for this beautiful area. Moreover, Fort Collins has taken many actions to enhance the River corridor in and around the City, including its trail and Parks system, as well as restoring and actively managing its natural areas for high value wildlife habitat. In spite of these valuable conservation efforts, however, efforts to conserve the environmental and ecosystem service values of the River below the canyon mouth have been modest when compared to diversions and development. The Poudre River literally dries up at certain times of the year in Fort Collins because of upstream diversions; and furthermore, its flows through town have been reduced by approximately two-thirds. NISP reduces flows by additional 21% as measured at the Lincoln Street Gage in downtown Fort Collins. These significant flow reductions are damaging to the long-term health of the River because flows are the single-most important factor in sustaining habitat as well as a river channel that can handle flood events, among other values. As northern Colorado continues to grow, there will be additional pressure on the Poudre River to be the water source for the new residents, businesses, and other uses. Water providers will continue to purchase agricultural water rights and change them for new uses and to file for new water rights, which further depletes the River through Fort Collins. Given this trend, the long-term challenges to the Poudre River are profound. If Fort Collins and the region are to be successful in achieving a Poudre River that is sustainable and resilient as a river in the future - there will need to be regional discussions, agreements, and collaborations. Given NISP’s size and ambition, it brings the long-term challenges of the Poudre River to the foreground. Perhaps NISP can serve as a fulcrum for a more robust and regional conversation about what it means to ensure a healthy, resilient Poudre River that in 50 or 150 years will continue to provide key watershed services such as clean water for commerce, flood mitigation, wildlife habitat, stormwater attenuation, recreation amenities and aesthetic enjoyment. Fort Collins-Loveland Water District FCLWD is a municipal water provider serving portions of southern Fort Collins, as well as lands outside of the City’s growth management area. FCLWD is one of the NISP participants. In addition to FCLWD’s other water rights, if approved and constructed, NISP would provide the FCLWD with 3,000 acre-feet (AF) of firm yield. Based on information provided by FCLWD, the demand increase within the City’s growth management area served by FCLWD is approximately 1,400 AF through 2040. Thus, while there are various concerns regarding NISP for the City, as described below, NISP also offers benefits to certain Fort Collins residents. Halligan Project The City’s Water Utility is currently pursuing its own permit from the Corps for the Halligan Water Supply Project. Pursuant to the Corps’ direction, the City is using the same CTP (baseline understanding) NISP. The City’s preferred alternative is the enlargement of Halligan Reservoir. The Corps has selected the enlargement of Glade Reservoir as a potential alternative to Halligan. The NISP SDEIS, however, does not analyze the potential enlargement of Glade Reservoir as a substitute for Halligan. This option will be presented in the DEIS for the Halligan Water Supply Project scheduled to be released in the summer of 2016. Staff recognizes that the City’s comments on NISP may affect the Halligan project and have considered potential impacts to the Halligan project in the development of these NISP comments. 2 Packet Pg. 28 July 28, 2015 Page 4 Initial Findings and Concerns Regarding the NISP SDEIS Water Quality - Source Water Maintaining or improving water quality is of paramount importance to the City. Water quality can be defined by its physical, chemical, biological, and aesthetic attributes, which are not only important for the protection of public health, but also the environment. Various chemical constituents and temperature constitute key components of water quality. A fundamental gap in the SDEIS is the lack of a quantitative water quality and temperature model. The SDEIS acknowledges that this critically important component is missing and indicates that it will be provided in the Final EIS, on which the City may not have the opportunity to comment. While the SDEIS indicates that water quality and temperatures changes are likely, it does not provide quantitative information that would allow the City or others to understand the potential impacts to its facilities. This is a serious shortcoming. The delivery of NISP water from Glade Reservoir may adversely affect the quality of the City’s water sources in the Pleasant Valley Pipeline (PVP) and Horsetooth Reservoir. The City’s water sources delivered to its water treatment plant come from the Poudre River through Fort Collins’ Pipeline and through the PVP via the Munroe Canal, and from Horsetooth Reservoir. Fort Collins Utilities shares use of the PVP with the Tri-Districts (FCLWD, the East Larimer County Water District, and the North Weld County Water District). Northern may deliver water from Glade Reservoir into the PVP and/or Horsetooth for delivery to the Tri-Districts’ Soldier Canyon Treatment Plant. Thus, if NISP water is of a relatively poor quality which is a concern due to the size and composition of the project, the City’s water sources in the PVP and Horsetooth Reservoir will be affected and the City’s drinking water treatment plant could require substantial and expensive upgrades. The SDEIS summarizes the water quality impacts of the project on Horsetooth Reservoir water quality as minimal to none. The City, however, has concerns about the technical approach used to evaluate the impact of Glade to Horsetooth transfers, and believes the assessment may underestimate the impacts to Horsetooth Reservoir water quality. The SDEIS does not include any mitigation to deal with possible degradation of water quality in Horsetooth Reservoir. Decreased releases of Horsetooth Reservoir water to the Poudre River may increase the hydraulic residence time in Horsetooth Reservoir, which is a measure of the amount of time that water physically stays in a reservoir before being delivered. Longer hydraulic residence times are generally associated with lower water quality. Water Quality - Wastewater Flow reductions impact many of the issues that the SDEIS explores and the NISP preferred alternative substantially reduces flows through Fort Collins. For example, currently the total amount of water on average annual basis that flows in the canyon prior to diversion is approximately 280,000 acre feet (AF) on average. By the time the River flows under the Lincoln Street Bridge in Fort Collins, those flows have been reduced to about 108,000 AF on average. If NISP is built, flows at the Lincoln Street Bridge will likely be reduced to an average of 85,000 AF, or a 21% reduction from current levels. Because the NISP preferred alternative would divert under junior water rights, most of its diverted water will be taken during periods of high flows in the months of May, June, and July although diversion may occur in other months, including late summer and early fall. Monthly streamflows in average years at the Fort Collins Lincoln Avenue Stream Gage in May, June and July are respectively calculated to be reduced by approximately 66%, 25%, and 54%. Diversions of Poudre River water for NISP will affect water quality in the Poudre River below the canyon mouth where the City discharges treated wastewater. Degradation of water quality to the Poudre River as it flows through town could create very difficult issues related to the City’s wastewater discharge permits as well as the need to potentially provide upgrades to those plants. The Poudre River through town already exceeds some water quality parameters or is very close to excursions (violations) of those standards. Thus, what may appear to be modest changes in water quality, such as seemingly small increases in temperature, can have significant impacts to the bottom line of Fort Collins. 2 Packet Pg. 29 July 28, 2015 Page 5 Lower flows are problematic for the City’s wastewater treatment plants which operate under strict water quality permit conditions. NISP diversions at the canyon mouth will result in flow reductions downstream at the Mulberry and Drake wastewater treatment facilities. Lower flows would, in turn, potentially lead to increasingly stringent effluent limits for Mulberry and Drake and could cost the City significant amounts of money to remediate. While the mitigation plan for NISP includes a proposal to maintain flows near 10 cubic feet per second (CFS) from November 1 through April 1 (and potentially September) through a portion of town, that flow is proposed to be re- diverted into the Timnath Reservoir Inlet (next to Nix Farm) before it reaches the permitted Drake discharge to the Poudre River. Because of its diversion at the Timnath Inlet, the proposed augmentation flow does not address low flows or dry ups on the lower portion of the River in Fort Collins. Water Quality - Natural Environment Diversions of Poudre River water for NISP will affect water quality in the Poudre River below the canyon mouth through Fort Collins where the City has invested substantially to improve the natural environment. Water quality is fundamental to the health of the fishery as well as other biological attributes of the River. The reduced flows and impacts to water quality affecting the City’s wastewater discharges also directly affect these attributes. Operations The conceptual mitigation plan for NISP’s preferred alternative features a 10 CFS fall and winter augmentation release from Glade Reservoir. However, no other alternative includes augmentation releases. As a result, when impacts among alternatives are compared in the SDEIS, the preferred alternative shows fewer negative impacts than the other alternatives that do not include augmentation releases. This comparison may not be valid. Staff will recommend that winter augmentation flows be incorporated in other alternatives besides the proposed action. In addition, Staff is considering reconfiguration of the other alternatives presented in the SDEIS that could provide for increased flows through Fort Collins while developing the same water supply as NISP. Specifically, Staff is investigating a modification of an alternative featuring Cactus Hill Reservoir that diverts water to storage downstream of Fort Collins, and thus provides significantly more streamflow through town than NISP’s preferred alternative. The SDEIS mentions that the NISP participants Eaton, Severance, and Windsor would receive water from NISP via a direct connection between Glade Reservoir and Soldier Canyon Filter Plant, but the method for such deliveries is not explained. If a new pipeline is required to make these releases, the SDEIS should evaluate the pipeline’s impacts. If deliveries will be made through existing infrastructure (e.g., the PVP), the concern noted above in the water quality comments applies. The SDEIS states that water released from Glade for the proposed 10 CFS augmentation release will be returned to Glade Reservoir, and that the “method of exchange to return the water to Glade Reservoir would be determined between the SDEIS and FEIS.” More information on the method by with augmentation releases will be re-delivered to Glade is needed to properly assess impacts. Recreation The Poudre is a major recreational attraction in Fort Collins, attracting approximately 500,000 visitor days a year. Over many decades Fort Collins has spent tens of millions of dollars beautifying, acquiring land, building recreation amenities, and restoration natural habitat. Fort Collins owns three parks on the River and over 1,800 acres of natural areas. In 2014, City Council adopted a Downtown Poudre River Master Plan that describes a vision for continuing to improve the most heavily visited reach of the River from Shields Street to Mulberry. An increasingly popular activity on the Poudre is summertime boating (kayaking, canoeing) and tubing. The SDEIS acknowledges moderate to major adverse effects on boating recreation in Fort Collins. With the NISP preferred alternative of constructing Glade Reservoir, the SDEIS determines that boatable days will be reduced by 35% from 54 days to 35 days annually. The SDEIS describes boatable days as those days with 150 CFS or more. Based on personal communication with boaters in the community, 150 CFS is regarded the minimum necessary flow for a watercraft. Tubers can float the river with flows of around 100 CFS. According to an analysis commissioned by staff, in dryer periods such as the late 1980s and early 1990s, NISP could reduce boatable days by 50% or more. 2 Packet Pg. 30 July 28, 2015 Page 6 Clearly the project will have negative impacts to the potential season length at the proposed kayak park in Fort Collins; however, the City’s kayaking consultant notes that Front Range kayaking facilities regularly experience seasonal highs and lows and the boating community is accustomed to these fluctuations. Also, given that the hydrology on the River has been carefully modeled through the CTP process, the designers would take into account these lower flows and build the facilities to maximize their benefit. The SDEIS notes that there would be flatwater recreation available on Glade Reservoir with extensive access and describes it as potential offset to the loss of recreation on the River in town. Staff, however, does not believe that recreation at Glade is substitute for the user experience along the Poudre in town. NISP, by reducing River flows, impairing water quality and diminishing riparian habitat will undermine the Fort Collins community’s connection to the River. Stream Morphology Flushing flows are critical to a variety of River health indicators in particular transport of sediment, turnover of the bed, and debris mobility. Because most of NISP’s water is diverted during the peaking flows of May, June, and July it has the potential to reduce the ability of the River to provide regular flushing flows. As noted earlier, monthly streamflows in average years at the Fort Collins Lincoln Avenue Stream Gage in May, June and July are respectively calculated to be reduced by approximately 66%, 25%, and 54%. Moving sediment through the system and the Fort Collins reach cleans the bed for fish spawning and insects and prevents large-scale sediment deposition and potential channel encroachment. Reducing flushing flows may have impacts to the ability of the Poudre River to convey storm water and flooding flows through town without causing damage. The SDEIS makes a finding that flows of 10,000 cubic feet a second (CFS) are needed to effectively move material through Fort Collins. However, the City’s Poudre River Ecosystem Response Model and associated hydraulic science indicates that flushing flows of approximately 3,000 (CFS) rejuvenate the River bed. This is an important difference since Glade can divert approximately 1,000 CFS from the River. NISP would reduce the frequency of 3,000 CFS flushing flows from 6.5 years to 13 years. To meet the life-cycle needs of aquatic life a 3,000 CFS flushing flow ideally would occur every 3 years. As noted elsewhere in this AIS the conceptual mitigation plan included in the SDEIS addresses low fall and winter flows. Unfortunately, however, the mitigation plan includes no provision to address the reduction of peaking flows. Fish The Poudre River through Fort Collins supports cold water trout fisheries as well as native warm water fishes. These fisheries are valued by the community for their recreational importance and their role in conserving native plains fish populations. As noted in the morphology comments above, fish and aquatic insects rely on peak or “flushing flows” to maintain clean, mobile and diverse riverbed necessary to support their life cycle needs. The reduction of flushing flows is likely to affect the fisheries because this habitat maintenance occurs less frequently. More regular, continuous base flows (as opposed to peak flows) support fish through dilution of nutrients, chemical pollutants and temperature moderation. The proposed 10 CFS augmentation flow proposed by the SDEIS would represent an improvement over current low flow conditions in certain locations, especially those prone to extreme low flows and dry ups. It is, however, important to note that base flows for fish in the winter months of 20 to 35 CFS are more suitable for supporting trout survival. The SDEIS utilizes an industry-standard “2-D” habitat analysis to understand fish habitat availability. Unfortunately, the data analysis from the 2-D modeling utilizes a nonstandard and greatly oversimplified averaging approach. This unusual interpretation of the data ignores valuable details in the data and precludes opportunities to properly understand effects on various species (which is the intended application of the model). 2 Packet Pg. 31 July 28, 2015 Page 7 The potential impact of NISP to the fisheries should be adequately and properly evaluated using accepted and transparent techniques commonly utilized for the 2-D analytical approach. Staff believes this approach is appropriate not only because it is the standard, but because it was recently used for one of the other major water projects and EIS’s in the state, Northern’s Windy Gap Firming Project. It also was recently utilized for development of an instream flow report on the Colorado River. Riparian and wetland vegetation The ribbon of vegetation along the River, often called the riparian forest or cottonwood woodlands, provides critical habitat for wildlife, filters excessive nutrients or pollutants from the waterways, reduces erosion and, constitutes a valuable recreational amenity. The Poudre River recreational trail alone attracts approximately half a million visitors per year. In addition to forest, riparian habitats are typically a mosaic of shrublands, wetlands, and meadows. A close relationship exists between River flows and the quality and extent of riparian habitat. In particular, moderately high flows that extend beyond the River banks saturate soils and maintain shallow groundwater levels. The NISP project will reduce the frequency of these moderately high flows and is the focus of staff’s review related to the riparian corridor. In the City’s 2008 comments to the DEIS staff expressed concern over inadequate analysis regarding potential impacts to wetland and riparian vegetation. The SDEIS includes a series of new analyses including impacts to groundwater, wetlands, cottonwood regeneration as well as overall habitat and long-term trends. Staff has extensive concerns regarding the interpretation of the analyses and the overall conclusions. A central element to Clean Water Act and NEPA implementation regulations is the ability to assess avoidance, minimization, and mitigation of impacts to wetlands across all project alternatives. The EIS used a remote sensing mapping approach to identify the locations of wetlands. However, field verification conducted for the CTP baseline report on Wetland and Riparian Resources demonstrated a low level of site specific accuracy (49% of sites checked in the field were changed to a different category). In 2012 the EPA and the City provided comments on this Baseline report and expressed concern over the use of this particular tool for identification of wetlands. The Corps written response stated this mapping tool would only be used to generally understand the extent and type of riparian areas along the Poudre. However, in the SDEIS it was used to identify wetlands. In the absence of a proper wetland delineation, the EIS should use a rigorous alternate approach or best available dataset. A National Wetland Inventory (NWI) dataset is available for the Poudre and should be used as it is specifically intended to identify wetland locations. Also of concern, the SDEIS applied an unconventional and biologically unsupported approach for understanding potential wetlands loss. The approach is not sensitive enough to predict subtle yet significant changes that could lead to complete shifts in habitat type. With respect to riparian areas, the SDEIS applies the Corps hydrology standard for wetlands (and specifically an inundation requirement of 50% of all years) to cottonwood woodlands. This application of a wetland standard to riparian forest constitutes a fundamental misunderstanding of this habitat type in a number of ways. Yet this misunderstanding is used as the basis for predicting no adverse impact to cottonwood woodlands along the Poudre. While the SDEIS concludes that there may little to no impact to wetlands and riparian areas, staff believe that the analysis is too flawed to draw accurate conclusions. In general, staff’s experience and research on the Poudre supports the view that the lower flows associated with NISP will narrow the riparian zone and lead to the loss of wetlands. 2 Packet Pg. 32 July 28, 2015 Page 8 Air Quality and Climate Change NISP would involve pumping substantial amounts of water under the preferred and all alternatives. The storage of water under NISP would thus consume large amounts of electricity and thereby result in increased discharges of emissions to the air, including greenhouse gases that contribute to climate change. The recreational use of Glade Reservoir will also result in increased emissions from vehicular traffic. The additional sources of air pollution will occur in a region that already does not comply with ozone standards (nonattainment area). The resulting impacts include further harm to human health and the environment from regional ozone pollution and regulatory restrictions on economic growth (limits on air permits). Staff has some concerns regarding the adequacy of the analysis of these issues in the SDEIS. General Comments The overall narrative of the SDEIS is that, regardless of NISP, ongoing degradation of the health of the Poudre River is inevitable and irreversible. Staff, however, does not agree. Instead, the health of the Poudre River can be stabilized, maintained, and improved through deliberate, thoughtful, and strategic action similar to those the City has been taking. For example, the SDEIS describes a declining trajectory for riparian vegetation and forests (the SDEIS acknowledges NISP may accelerate the negative trajectory but does not quantify the trend). The SDEIS attributes the ongoing decline to an existing flow regime that no longer supports critical riparian processes. In contrast, however, City research and observations attribute this declining trend primarily to physical constraints imposed on the urban floodplain as well as an altered forest composition. Furthermore, staff believes that that with current flows, or otherwise deliberately managed high and low flows; the departure away from a biologically thriving river is not a foregone conclusion. The window of opportunity for maintaining desired amenities such as a world class fishery, a spectrum of River related recreation opportunities and an aesthetically pleasing river is still open. In addition to the description of a trajectory of decline, the SDEIS predicts that each component of NISP will only degrade the river slightly and therefore the overall impact is small. Staff is troubled by this logic. The sum of numerous minor impacts has the potential to be greater than any single impact. Moreover, as noted in this AIS there continue to be concerns related to technical shortcomings in the interpretation of the SDEIS analyses. Lastly, an overarching question that has not yet been addressed is to what extent NISP closes the window of opportunity for improving overall River health with environmental maintenance flows (both low and high) along with other management actions. Further, to what extent could NISP ensure that appropriate management actions are taken to sustain the future health of the River? In general, the proposed mitigation plan falls far short of what would be needed to alleviate the harms that NISP will cause or to improve the River from its current overall condition. ATTACHMENTS 1. Resolution 2008-082 (PDF) 2. Powerpoint presentation (PDF) 2 Packet Pg. 33 ATTACHMENT 1 2.1 Packet Pg. 34 Attachment: Resolution 2008-082 (3371 : Northern Integrated Supply Project) 2.1 Packet Pg. 35 Attachment: Resolution 2008-082 (3371 : Northern Integrated Supply Project) 2.1 Packet Pg. 36 Attachment: Resolution 2008-082 (3371 : Northern Integrated Supply Project) 2.1 Packet Pg. 37 Attachment: Resolution 2008-082 (3371 : Northern Integrated Supply Project) 2.1 Packet Pg. 38 Attachment: Resolution 2008-082 (3371 : Northern Integrated Supply Project) 1 July 28 City Council Work Session The Northern Integrated Supply Project Supplemental Draft Environmental Impact Statement ATTACHMENT 2 2.2 Packet Pg. 39 Attachment: Powerpoint presentation (3371 : Northern Integrated Supply Project) 2 General Direction Sought 1. Are there any questions about the Northern Integrated Supply Project’s impacts to the City? 2. Is there any further guidance from Council as to how the City should respond to the Supplemental Draft Environmental Impact Statement for the Northern Integrated Supply Project? 2.2 Packet Pg. 40 Attachment: Powerpoint presentation (3371 : Northern Integrated Supply Project) 3 2.2 Packet Pg. 41 Attachment: Powerpoint presentation (3371 : Northern Integrated Supply Project) 44 2.2 Packet Pg. 42 Attachment: Powerpoint presentation (3371 : Northern Integrated Supply Project) 5 Fort Collins Loveland Water District About 25% of GMA boundary served by FCLWD Projected increase of about 2,400 taps in GMA by 2040 Demand increased of about 1,400 AF a year in GMA NISP participant for 3,000 AF firm yield 2.2 Packet Pg. 43 Attachment: Powerpoint presentation (3371 : Northern Integrated Supply Project) 6 Halligan Water Supply Project 2.2 Packet Pg. 44 Attachment: Powerpoint presentation (3371 : Northern Integrated Supply Project) 7 150 Years of River Development 2.2 Packet Pg. 45 Attachment: Powerpoint presentation (3371 : Northern Integrated Supply Project) 8 2.2 Packet Pg. 46 Attachment: Powerpoint presentation (3371 : Northern Integrated Supply Project) 238,456 108,206 198,990 85,552 0 50,000 100,000 150,000 200,000 250,000 300,000 Canyon Lincoln Annual Acre Feet Current Flows and NISP Flows Current operations 2.2 Packet Pg. 47 Attachment: Powerpoint presentation (3371 : Northern Integrated Supply Project) 10 0 200 400 600 800 1000 1200 5/1 5/15 5/29 6/12 6/26 7/10 7/24 Flow* in cubic feet per second Average Peak Flows at Lincoln Gage under Current Operations and NISP Current Operations NISP *Flow is presented as the 7-day average 2.2 Packet Pg. 48 Attachment: Powerpoint presentation (3371 : Northern Integrated Supply Project) 11 Low Flow Mitigation Larimer & Weld Canal Timnath Inlet Canyon Mouth 2.2 Packet Pg. 49 Attachment: Powerpoint presentation (3371 : Northern Integrated Supply Project) 12 Low Flow Mitigation 2.2 Packet Pg. 50 Attachment: Powerpoint presentation (3371 : Northern Integrated Supply Project) 13 8.5 CFS at Lincoln Street 2.2 Packet Pg. 51 Attachment: Powerpoint presentation (3371 : Northern Integrated Supply Project) 14 General Findings • Improved EIS • Benefits of the Common Technical Platform • Conceptual Mitigation Plan 2.2 Packet Pg. 52 Attachment: Powerpoint presentation (3371 : Northern Integrated Supply Project) 15 General Findings • Continued concerns – Water Quality – Environmental Issues – Inadequate Mitigation 2.2 Packet Pg. 53 Attachment: Powerpoint presentation (3371 : Northern Integrated Supply Project) 16 Water Quality • Consists of key chemical constituents and temperature • Water quality is highly regulated • Even very small changes can cause serious regulatory and infrastructure impacts • The SDEIS indicates that there will be water quality changes 2.2 Packet Pg. 54 Attachment: Powerpoint presentation (3371 : Northern Integrated Supply Project) 17 Water Quality Model • SDEIS acknowledges that it is missing a critical quantitative water quality model • Model will not be available until the Final EIS • Makes it impossible for the City (or the Corps) to properly understand potential impacts to our facilities or to understand what mitigation may be necessary 2.2 Packet Pg. 55 Attachment: Powerpoint presentation (3371 : Northern Integrated Supply Project) 18 Water Quality: Wastewater • Flow regime is critical to the City’s wastewater operations and permits • Lower flows are likely to diminish water quality • Even small changes to water quality can have significant impacts to the City’s bottom line • Mitigation plan for 10 CFS November thru April – water is diverted at Nix Farm 2.2 Packet Pg. 56 Attachment: Powerpoint presentation (3371 : Northern Integrated Supply Project) 19 Water Quality – Natural Environment 2.2 Packet Pg. 57 Attachment: Powerpoint presentation (3371 : Northern Integrated Supply Project) 20 Operations • The SDEIS preferred alternative features a 10 CFS fall and winter release • None of the other alternatives includes this release and staff believes they should • Staff is investigating a modified Cactus Hill alternative that could provide substantially more streamflow through Fort Collin 2.2 Packet Pg. 58 Attachment: Powerpoint presentation (3371 : Northern Integrated Supply Project) 21 Recreation • The SDEIS describes a reduction in “boatable” days from 54 to 35 • Number of days when the proposed kayak park would be at optimal flows would be reduced • Design of waves would need to take into consideration reduced flows 22 Recreation • SDEIS indicates that flatwater recreation at Glade would mitigate loss of river recreation • In general, staff is concerned that reduced flows will harm the community’s overall recreation and visitor experience 2.2 Packet Pg. 60 Attachment: Powerpoint presentation (3371 : Northern Integrated Supply Project) 23 Flushing Flows 2.2 Packet Pg. 61 Attachment: Powerpoint presentation (3371 : Northern Integrated Supply Project) 24 Flushing Flows • SDEIS describes 10,000 CFS as needed for flushing flows • The City’s Poudre River Ecosystem Model places that number at 3,000 CFS • SDEIS indicates the frequency of 3,000 CFS flushing flows would be reduced from 6.5 years to 13 years 2.2 Packet Pg. 62 Attachment: Powerpoint presentation (3371 : Northern Integrated Supply Project) 25 Fish Flushing flows are important Proposed 10 CFS fall and winter flow is helpful 20 to 35 CFS more likely to support trout 2.2 Packet Pg. 63 Attachment: Powerpoint presentation (3371 : Northern Integrated Supply Project) 26 Fish • New sophisticated 2-D modeling • SDEIS, however, uses a non-standard method to interpret the data • Staff recommends that the approach to the 2-D modeling be revised • Same approach that was used for Northern’s Windy Gap project 2.2 Packet Pg. 64 Attachment: Powerpoint presentation (3371 : Northern Integrated Supply Project) 27 Riparian and Wetland Vegetation • Critical habitat for wildlife and nutrient cycling • Critical for recreation and aesthetics • Close relationship between flows and vegetation 2.2 Packet Pg. 65 Attachment: Powerpoint presentation (3371 : Northern Integrated Supply Project) 28 Riparian and Wetland Vegetation • Staff has concerns regarding the adequacy of the SDEIS analysis and conclusions • Low level of staff confidence that the prediction of minor impacts to forest and wetlands is correct • The impacts to the vegetation of the river are likely to be more significant 2.2 Packet Pg. 66 Attachment: Powerpoint presentation (3371 : Northern Integrated Supply Project) 29 2.2 Packet Pg. 67 Attachment: Powerpoint presentation (3371 : Northern Integrated Supply Project) 30 Mitigation • Fall and winter low flows • Bypass structures at diversions • No peak or flushing flow mitigation 2.2 Packet Pg. 68 Attachment: Powerpoint presentation (3371 : Northern Integrated Supply Project) 31 Final Thoughts • Narrative of SDEIS is one of inevitable decline • With current flows, or otherwise managed high and low flows – a biologically resilient river is possible 2.2 Packet Pg. 69 Attachment: Powerpoint presentation (3371 : Northern Integrated Supply Project) ARE OTHER COLORADO CITIES EXEMPT FROM SB-152? Voters in nearly a dozen Colorado cities and counties have exempted themselves from SB-152, passing measures that affirm their local choice to decide how broadband services develop in these communities. Exemptions have been approved in Boulder, Longmont and Estes Park. Dozens of other states in the U.S. and many other countries allow and encourage local governments to be actively involved in how broadband develops within their jurisdictions. In the US alone,more than 500 cities and counties have actively used their infrastructure and resources to expand broadband for the benefit of their communities. • Free Internet service in city libraries, parks and community centers (while these services are provided by most governments, they are nonetheless prohibited by the law and could be challenged by existing Internet access providers) • Leveraging government fiber infrastructure and partnering with private businesses to provide affordable and high-speed Internet service throughout the entire community • Directly providing Internet and other broadband services to residents and businesses 1.2 Packet Pg. 9 Attachment: Broadband Info Brochure (3375 : Broadband) Packet Pg. 3