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HomeMy WebLinkAbout2 - Draft Minutes - Water Resources - October 19, 2009 CITY OF BOULDER BOULDER, COLORADO BOARDS AND COMMISSIONS MEETING SUMMARY 1VIINUTES Name of Board/ Commission: Water Resources Advisory Board Date of Meetin : October 19. 2009 Contact Information Preparing Summary: Laurel Olsen-Horen: 303-441-3266 Board Members Present: Robin Byers, Kelly DiNatale, William DeOreo, Susan Iott, Chuck Howe Board Members Absent: None Staff Present: Ned Williams, Director of Public Works for Utilities Jerry Gordon, City Attorney Joanna Crean, Public Works Administrator Carol Ellinghouse, Water Resource Coordinator Bret Linenfelser, WQES Coordinator Kurt Bauer, Utilities Engineering Project Manager. Susan Honse, Board Secretary From Silver Lake Ditch Company: Jim Snow - President, Glenn Stevens - Attorney, and Catherine Long-Gates - Board member (Secretary/Treasurer) Type of Meeting: Regular Agenda Item 1: Call to Order [7:04 p.m.] The meeting was called to order. Agenda Item 2: Approval of Minutes [7:05 p.m.] Motions: On a motion by C. Howe, seconded by S. Iott, moved for the adoption of the August 17, 2009 Minutes, as corrected. Motion carried unanimously by vote 5:0. On a motion by S. Iott, seconded by C. Howe, moved for the adoption of the September 21, 2009 Minutes, as corrected. Motion carried unanimously by vote 5:0. Agenda Item 3: Public Participation [7:15 p.m.] Henry Adamski: Expressed concerns that public notice was not given in the Daily Camera for tonight's meeting, and further inquired about the inclusion of financial information and minutes from previous meetings in the materials made available to the public at the meetings. Agenda Item 4: Matters from Board and Staff [7:20 p.m.] Matters from the Board Included: ■ Howe: wetlands issues, i.e.: Thunderbird Lake and Burke Park needed an additional wetland to mitigate flooding. Look into the implications of the wetlands ordinance. Williams: this was not one of WRAB'S itemized priorities. ■ Byers: is South Boulder Creek flood mitigation coming up`? Williams: yes, it will appear on next year's agenda. ■ Iott: What is the timeline on the mapping study for Boulder Creek? Williams: hydraulic remapping is hoped to be completed this winter. Next spring/summer, tentative mapping should be complete along with public outreach; next fall, look into adoption. ■ DeOreo: Can info item memos be supplied via PDF to enable paperless format? Williams: yes. Matters from Staff: [7:23 p.m.] ■ Williams provided update of Boulder Creek Flood Mapping Study ■ Update on critical facilities ordinance, staff is working on a draft ordinance to regulate critical facilities, (i.e. power supply plants, water treatment plants, vulnerable populations: elderly, youth and hazardous materials facilities) ■ Oct 20`1' City Council study session, would like to discuss getting feedback from all of the boards and commissions. ■ Oct 27"': three agenda items for council, 1.) Second reading for stormwater PIF (Byers has been asked to attend); 2.) Nederland Waste water treatment plant IGA, for council consideration. 3.) Second reading for proposed citywide 2010 budget; including recommendation of 0% rate increase for each of the three utilities. ■ WRAB received two 2 information memos about flood matters WRAB Action/ Summary October 19. 2009 Page No. 1 Agenda Item 5: Update on Draft Proposed Changes to Drought Response Plan Volume I: [7:31 p.m.] Crean, Ellinghouse, and Linenfelser presented item to board. Executive Summary from Packet Materials: At the July 20, 2009 WRAB meeting, staff presented several scenarios that incorporated the use of the water budget rate structure to meet the water use reduction goals for each drought stage. Based on feedback from WRAB, a revised version of a summary table on responding to each drought stage is provided as Attachment A. At the Oct. 19, 2009 meeting, WRAB will discuss this drought response strategy and any other proposed changes to the Drought Response Plan (Volume 1). Feedback will be considered and incorporated into the final version of the Drought Response Plan (Volume 1) and is scheduled to be provided to WRAB for its final review at the Nov. 16, 2009 meeting. Attachment B is a draft of the revised Drought Response Plan (Volume 1). Board Discussion Included: [7:45 p.m.] The need for water waste issues to be addressed prior to stage two. Cost of flow restriction usage. Whether conservation plans would work better than restrictions. Discussion of conservation measures incorporated as part of the drought response plan. Whether people need to adhere to mandatory restrictions during drought times if they remain within their water budgets, and how the City would enforce restrictions including water waste ordinance. The concept that community members may benefit from being allowed to open and read their own water meters, and inquires as to cost of more frequent meter reading. Whether the precise percentage goals are viable for the community. Different timing or means of enforcement on restrictions with regard to businesses based on water use (i.e.: car washes, landscaping companies). A suggestion that the City consider charging surcharges on all budget blocks rather than on one or two blocks at a time. Adjustments should be just enough to cover budget amounts. How will surcharges be applied over multi-year droughts? Public Participation: [8:32 p.m.] ■ Jeff Woodward: drought represents an opportunity to encourage xeriscape landscapes even if it requires more water to establish, the long term benefits will outweigh the initial cost. ■ Henry Adamski: 1.) The Aurora Rationing Plan (by Dr. Kenney) was one sided due to the fact that there was no mention from anyone who disagreed with program.2.) Agrees with DeOreo, if you kick in water restrictions than information needs to be clearer to the consumer. 3.) Believes that during times of drought the city needs to put a moratorium on building permits. If stage one is voluntary, but reduction of budgets by the city is required, "voluntary" is a misnomer. Agenda Item 7 (moved up agenda): Future Scheduled Discussion [8:40 p.m.] November meeting: ■ Final recommendation of Carter Lake pipeline LEAP. ■ Final recommendation on the Drought Plan Volume I. ■ Update on the future industrial, commercial, and institutional water use study, including an update on the water conservation program. ■ Update on the city stormwater requirements. Agenda Item 6: Final Recommendation on the Silver Lake Ditch Agreement [8:52 p.m.] Byers and DiNatale removed themselves from the meeting because of possible conflict of interest. Gordon, Williams, and Ellinghouse presented item to board. Executive Summary from Packet Materials: City staff and Silver Lake Ditch and Reservoir Company (SLD&RC) have been negotiating a new agreement over the past several years and have developed a proposed Settlement Agreement. The objective was to resolve ongoing disputes about use of Reserved Storage Rights associated with water delivered out of city reservoirs to the Silver Lake Ditch. A review of the proposed agreement is included in ATTACHMENT A: Review of Proposed Agreement. The proposed contract document and exhibits are included in ATTACHMENT B: Settlement Agreement. A special SLD&RC shareholder meeting is scheduled on Nov. 2, 2009 to consider approving the proposed agreement. The city's relationship with SLD&RC is different than with other ditch companies because of several existing agreements. In 1906, the city purchased reservoirs, land and water rights from the owner of the SLD&RC, subject to certain retained rights of the seller. At that time, the city agreed to deliver storage water from municipal reservoirs to SLD&RC. The water was for use by individuals holding contracts with SLD&RC for water delivery to their property from the Silver Lake Ditch. It was anticipated that the city's obligation would continue until ditch users gained access WRAB Action/ Summary October 19. 2009 Page No. 2 to the municipal water system or discontinued use of the storage water. Additional information on the city/ SLD&RC history and relationship is included in ATTACHMENT C: Background. The original 1906 Agreement and subsequent 1955 and 1965 amendments are described in more detail in ATTACHMENT D: Summary of Previous Agreements. WRAB is requested to provide a recominendation to council regarding the proposed Settlement Agreement. The proposed agreement specifies the manner in which the city will acquire SLD&RC shares at time of annexation or subdivision of properties irrigated by the Silver Lake Ditch. It provides that the city will not acquire SLD&RC shares at time of re-development of these properties unless agreed to by the property owner. Under the agreement, ditch users connected to the city water system will participate in water reduction measures for their Silver Lake Ditch storage water during droughts. Silver Lake Ditch presentation to the 'ARAB: Catherine Gates, SLD Board member (Secretary/Treasurer) and owner of Long's Gardens in Boulder (104 years in business), would like to recommend approval of the agreement to the ditch's shareholders (meeting on November 2, 2009). Main disagreement with the city was in regards to the way the city obtains shares of the ditch. Would like to make sure that city is aware that the ditch company will negotiate sharing of the water supply during times of drought. Public Participation: None Board Discussion Included: How the new negotiations are going to resolve old issues. Whether there is an option to extend the 20 year lease for another 20 years. Concerns expressed regarding whether or not the agreement sets any precedents. Motion: Howe, 2°d Iott: moves to recommend to City Council that the agreement presented should be adopted. Vote: 3:0, Motion Passes Agenda Item 8: Adjournment [9:30 p.m.] Motion to Adjourn: Howe, 2"d IOtt Vote: 3-0 The meeting was adjourned 9:30 p.m. Date, time, and location of the next meeting: The next meeting will be a regular meeting on Monday, November 16, 2009, 13`l' Street Conference Room, at 7 p.m., unless otherwise decided by staff and the Board. APPROVED BY: Board Chair Date ATTESTED Board Secretary: Date: An audio recording of these minutes is available on the Water Resources Advisory Board web page. WRAB Action/ Summary October 19. 2009 Page No. 3