HomeMy WebLinkAboutMinutes - Water Resources - 3/28/2011
CITY OF BOULDER, COLORADO
BOARDS AND COMMISSIONS MEETING MINUTES
Name of Board / Commission: Water Resources Advisory Board
Date of Meeting: 28 March 2011
Contact Information of Person Preparing Minutes: Suzanne Lieberman; 303-441-3203
Board Members Present: Bill DeOrco, Chuck Howe, Kate Ryan, Vicki Scharnhorst, Susan lott
Board Members Absent: None
Staff Present: Ned Williams, Director of Public Works for Utilities
Bob Harberg, Engineering Project Management Coordinator
Bret Linenfelser, Water Quality and Environmental Services Coordinator
Christie Coleman, Project Manager
Consultants Greg Koch, Anderson Consulting Engineers [Boulder Creek Flood Maps]
Present: Tim Gablehouse, Gablehouse Calkins & Granber attorneys Critical Facilities Ordinance]
Meeting Type: Regular
Agenda Item 1 - Call to Order [7:05 p.m.]
This meeting was called to order at 7:05 p.m.
Agenda Item 2 - Approval of the 24 February Meeting Minutes:
Approval of the February 24th minutes will be delayed until the April 18`h meeting.
Agenda Item 3 - Public Participation and Comment [7:10 p.m.]
Public Comment:
• Henry Adamski: Concerns regarding availability of the Utility's financial information, as raised at
the February 24th meeting. Irregular billing intervals also make water monitors difficult to use.
Staff response: Any financial info discussed at WRAB meetings is included in WRAB memos.
Annual budget information is available on the City website and at the Boulder Public Library. The
2012 budget will start to be discussed at the April 18`h WRAB meeting. Information on the status
of city-wide budgets is posted on the City's finance webpage. Water budgets are calculated daily;
can't guarantee the exact read date but there is usually a five-day interval by which the City tries
to obtain readings, so a monthly billing cycle can be as few as 27 days and not longer than 33 or
34 days.
Agenda Item 4 - Matters from Board and Staff [7:16 p.m.]
Matters from Board:
DeOreo brought up the below matters:
• With March having been a very dry month, what is the projected snowpack? Staff response: No
March reading yet, but at the end of February, the snowpack was 120 percent of average. There
will be no final decisions on final water supply until early May
Iott brought up the below matters:
• Requests a staff response regarding the Sunday, March 27"' article in the Daily Camera regarding
sewer back-ups. Staff response: Insurance (as an additional policy rider) is an option for the
public to cover backups. Staff tries to determine what caused the problem and whether the City
was negligent or at least partially liable for the back-ups. The City is tries to reach settlement with
the property owner. Staff is not seeing an increase in the number of back-ups, and insurance is
always an option for the property owner/renter to cover back-ups.
Matters from Staff:
Ned Williams brought up the below matters:
• City Council meeting tomorrow, March 29`h, for Board & Commission annual appointments
• Carol Ellinghouse is retiring at the end of April so the City will determine the need to refill or
revise the position. Staff anticipates that Ellinghouse will return on a part-time basis around June.
• The City received a new wastewater facility discharge permit from the State of Colorado. The City
is in the process of reviewing the permit; preliminary review shows that the City has a temperature
reporting requirement and some metal limitations to enforce.
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Agenda Item 5 - Recommendation on Boulder Creek Flood Mapping Study [7:20 p.m.]
Christie Coleman presented item to the board. Greg Koch also fielded questions.
Executive Summary from Packet Materials:
Staff is currently updating the Boulder Creek floodplain mapping study. The Boulder Creek study extends
from approximately three-quarters of a mile east of 61" Street upstream to the mouth of Boulder Canyon
west of Boulder's city limits. The primary goal of the floodplain restudy is to accurately define the existing
flood conditions for Boulder Creek. The computer and topographic models of the existing regulatory
studies are over 20 years old and reflect modeling techniques and field conditions that are no longer
accurate. The proposed study uses the current industry standard HEC-RAS (Hydraulic Engineering Center
River Analysis System) computer model produced by the Army Corps of Engineers and more accurate and
updated field topography. The new and more accurate modeling identifies several areas of split flow which
impact the floodplain status of several structures in the Boulder Creek Drainage Basin. [Sec agenda packet
memo for additional information]
Interrupted the agenda item to allow Mr. David Lieberman to provide public comment on the [8:16 p.m.]
Critical Facilities ordinance agenda item. Lieberman had a recent injury and is not able to stay for the
entire meeting.
Returned to the Boulder Creek Flood Mapping Study agenda item [7:47 p.m.]
Public Comment: [8:16 p.m.]
• Ted Kowalik: Owns commercial building at 1400 20 Street, southernmost commercial property
on the map. Concerns regarding placement of conveyance zone. Concern regarding the southwest
portion of the conveyance, question about the breach point. All buildings are progressively
elevated, which would push actual conveyance further to the east.
• David Leserman: Owns property at 2806 Cordry Court. Data from his engineer, with vary small
adjustments, can shrink the high-hazard zone boundary and get it off his property. Concerns
regarding getting a conveyance flow through. Gold Run: Had hoped that the City would do a
good job figuring out the effect of Gold Run on their neighborhood. Thinks the City's water
surface elevations are very believable, but had his own engineer take elevation contours from 1979
that indicated that the water level at his house would be 1.4 feet lower than it is, leaving his house
without any water. Lesserman's neighborhood is unnecessarily having to bear a regulatory burden
by the developer that the City has enabled.
• Mike Finnessey: Owns property at 2810 Cordry Court. This property is his "nest egg," having
been a lifelong Boulder resident. Would like the City to therefore look at every possible
alternative to diminishing his property's value.
• Roy Berger: Owns property at 3354 61" Street. Longtime Boulder County resident, enjoys the
bike path but also acutely aware of projects that have been permitted over the years that are now
affecting homeowners and their values - Justice Center, Gold Run, elevating the shopping center
at 29`h Street, e.g.
• Don Rodgers: Owns property at 5789 Indian Road. In the 500-year floodplain. Wasn't expecting
his house to even be in the existing 100-year floodplain. Does not understand why the City's
regulations are being imposed on the County.
• Matthew Strassberg: Owns property at 1611 Grove. Studying aerospace engineering at CU
Boulder, has done some modeling and therefore has concerns about the City's ineffective
modeling. Requests that the City do more to try to get the high-hazard zone off his property.
• Don Weatherly: Owns property on Cordry Court. His property was not in the high-hazard zone in
the original study but is now one of four houses in the high-hazard zone as a result of the split
flow analysis.
Public comment question [no name]: Are maps redrawn when bridges need replacement? The
bridge at 61st Street is totally inadequate. The County was going to replace it but ran out of sales
tax.
Response to public comment questions: [8:50 p.m.]
• The City will incorporate the request to notify property-owners newly identified as being in the
floodplain in subsequent notifications.
• Responses to technical mapping questions at 1400 Arapahoe and 281h Street: Many complicated
intersections in modeling hydraulics, including many split flow paths at Folsom that converge.
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28 March 2011
Page No. 2
Modeling is always difficult when overtopping occurs somewhat distant from the bridge itself.
Once downstream on 281 , the flow is much better behaved, shallow, so the conveyance zone can
sufficiently narrow.
• There is a fundamental difference in the way the high-hazard zone and conveyance zones are
defined in Boulder. With the high-hazard zone, a model is run and the property is either in the
zone or it is not; with the conveyance zone, the zone can be shifted left and right along a cross-
section to minimize impacts on property. However, burdens cannot be shifted from one private
property to another, only to publicly-owned property.
• The reason the City extended the floodplain study beyond City boundaries at the confluence of
Founnile Canyon Creek was that it wanted a logical place for the models to converge, and
Fourmile Canyon Creek is the closest location downstream of the City.
• At 2810 Cordry Court, the City minimized impacts to property owners, trying to take property
owners' concerns to heart while coming up with true and accurate depictions of the flood risks.
• At all impacted high-hazard zone properties, the City does not take risks lightly and also looks for
flexibilities.
• Bridges in the floodplain model must show no negative impacts, and are followed through locally
and through FEMA with map updates
[The remainder of the responses to public comments questions are included under "Board Comments,"
below,
WRAB discussion included: [9:20 p.m.]
• Since the split flow analysis have the properties that have been added to the high-hazard zone or
other remapped zones been given any additional notification? Staff response: Yes, everyone
within the property had notice for this WRAB meeting. Board member: But the City did not
specifically indicate to property owners that used to be "out" of the floodplain that they were now
"in," so should probably make an effort to do so in the future.
• Supposedly an error in the remapped area of the survey? Staff response: The new survey was
incorporated into the split flow analysis, so there is not that much difference in the high-hazard
zone because the survey did not change much.
• The documents say there will be a small optimization of the conveyance zone to reduce negative
effects to Cordry Court, and that this would be implemented. Staff response: The City looks at the
ineffective flow boundary imbedded in the conveyance zone calculations and optimizes that. The
map reflects the 30-foot boundary change in the conveyance zone, which still meets FEMA
standards but constricts the zone as much as possible.
• How much faith can be put in the very small elevation changes that map such a large system? Are
the changes significant enough? Staff response: In the model representing the floodplain,
buildings are shown as obstructions to flow, so City is finding a proper new placement of that
particular encroachment. The accuracy of base-mapping now is also twice as good as it was in the
1980s.
• How much flow is coming through the bridge/flow direction/flow down Arapahoe and gradient?
Staff response: The conveyance zone was originally designed that way because it is the corridor
that needs to be left open so that if the flood fringe is encroached, there is no more than a six-inch
rise in a 100-year water surface elevation. Board member: Why does the conveyance go through
so many building to the south and what is the obstruction? Staff response: There is no obstruction;
the bridge is undersized and overtopping does not happen right at the bridge so the water must be
transitioned back to the creek as quickly as possible.
• Conveyance zone modeling substantially different from floodplain modeling. Discussion
regarding how much water flows through at every point in terms of cubic feet per second.
• Do the regulations placed by the City apply to the County, too? Staff response: No, not the high-
hazard zone regulations, but the conveyance and floodplain zone regulations will apply because
the high-hazard zone is a City construct only.
Board Comments:
• Board member: Can there be a cross-section right down the middle of the road? Staff response:
The cross-section reflections obstructions of the roadway and the median, with the median
overtopped at 1.5 feet, which is based on as-built survey information (versus planned survey
information). A full survey would not make a substantial difference in how things are mapped,
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28 March 2011
Page No. 3
only slight changes in how the conveyance is shown. Fine-tuning of the system is always possible
but not sure it would be sufficient to make a difference in the high-hazard zone analysis. However,
staff is willing to entertain the possibility of tweaking the model again to provide the best accuracy
possible, though that does not guarantee that that will change things.
• Board member: Why hasn't the City been able to come up with Lesserman's pre-Gold Run
engineering calculations? Staff response: Lesserman used 1929 pre-construction data, but the City
took the elevations from approved FEMA floodplain maps and studies, and did not try to recreate
what has happened the last 30 years. Pre- and post-Gold Run studies indicate that the water
surface elevation has not changed much (approx. 12-18 inches).
• One board member understands how heartbreaking the process can be, and hopes the public
understands the City's intention to protect public health, safety and welfare. ' Hopes that the public
in the floodplain get flood insurance regardless.
• One board member thinks the new model could be used with the pre-Gold Run topography to
demonstrate impacts from the Gold Run development. Staff response: Not intending to run the
model with previous topographic information. The topography along the entire corridor has
changed over decades, depending upon the map accuracy and development activity.
• One board member raises Lesserman's more fundamental question about whether Boulder even
needs the high-hazard zone (IiHZ). The impacts of the high-hazard zone in terms of the
regulatory burdens are extreme compared to the probability of any highly significant damage.
Another board member states that the HHZ is a City of Boulder requirement that affects all
drainageways located in the City. Staff response: The HHZ is a separate issue and that portraying
the flood risk more accurately is the primary focus of this study. The city could review the need
for a HHZ or possible mitigation strategies in the future, but these are separate from the flood
mapping study.
Motion: Moved by Scharnhorst; seconded by Ryan: Move to recommend approval of the Boulder Creek
Flood Mapping Study with the incorporation of additional work to determine if it improves accuracy,
inclusive of the revised split-flow research, which has been done between these areas of Folsom and 301h to
allow staff to go forward and work with the process of the City with the idea of going forward to FEMA
and regulatory adoption.
Discussion of Motion: Howe is very uneasy about voting until WRAB sees the results of additional
analysis. Iott suggests a joint meeting with Planning Board. DeOreo is also unwilling to approve the
floodplain mapping without all of the flows, cross-sections, and locations of divided flows.
Motion fails 2:3 with Howe, Iott and DeOreo opposing.
Next Steps:
Staff will return to the board at the May or June meeting. Staff requests that WRAB outline areas it is
interested in revisiting prior to approval. Those items are:
1. Better display of floodplain to indicate the exact location of the divided flow and how much water is
in each division.
2. Location of each cross section and if new ones, better defined at the problem areas, e.g. Folsom and
Arapahoe, the 28'h Street area, and Cordry Court.
3. Delineation of conveyance zone east of 28"' Street.
4. Also revisit 1611 Goss Grove property.
Staff also requested advice on public notification. The City sent out 2,000 postcards to everyone in the
floodplain in anticipation of the March meeting. Re-do mailings or just newspaper? The board suggested
that only those properties that are newly impacted by now being in a more restricted/regulated zone be
individually contacted. Scharnhorst and Howe will be absent from the June meeting, so staff will try to
bring the issue back to WRAB at the May, July, or August WRAB meetings.
Agenda Item 6 - Recommendation on Critical Facilities Ordinance [9:59 p.m.]
Christie Coleman presented item to the board. Tim Gablehouse also available for questions.
Executive Summary from Packet Materials:
The city, through its Multi Hazard Mitigation Plan, Comprehensive Flood and Stormwater Master Plan and
direction from City Council has identified a need to protect critical land uses in the 500-year flood lain.
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Page No. 4
This proposed ordinance addresses that need by proposing to protect critical land uses and mobile
populations in the city's 100- and 500-year floodplains. Critical facilities are classified as essential
services, at-risk populations and hazardous materials facilities. Examples of these types of uses include
hospitals, schools, buildings containing hazardous materials and fire stations. Mobile Populations
represent land uses accommodating people not familiar with Boulder's flood threat or the area they occupy.
Examples of mobile population facilities include hotels, restaurants, theaters and dormitories. Complete
definitions of critical facilities, essential services, at-risk populations, hazardous materials and mobile
populations are included in the proposed ordinance presented in Attachment A. This attachment also
incorporates updates and revisions to the proposed ordinance based on feedback received since January
2011 from facility managers, members of the public and city staff. [See agenda packet memo for additional
information]
Public Comment: [10:22 p.m.]
• John Tayer: With Roche Colorado.
❑ Tayer read a letter on behalf of Dan Powers, Boulder Chamber of Commerce, who had to
leave the meeting. Appreciate that the City is attempting to minimize damage and save lives
but Roche is concerned about the proposed scope of restrictions within the 500-year
floodplain. Requests that the City consider the broader context of tradeoffs and realistic
expenses. The Boulder advanced flood warning system is already one of the strongest in the
country; therefore, mitigation is unnecessarily stringent. Found the economic analysis by the
Sanitas Group helpful but that their hypotheticals provided a baseline for discussion, not for
relevant cost projections, e.g. shelter plans without expenses for staff training, failing to
include actual costs for structural improvements, and public confusion about insurance
purchase.
❑ Roche requests the need for further engagement of subject properties to get real-world
feedback and is willing to work with the City and the Chamber of Commerce to do so.
Notion that just a continent is sufficient to trigger an ordinance too much of a burden; would
rather see a 50% permit threshold.
Request for the City to make the exemption for secured hazardous facilities from ordinance
provisions more explicit
Concerns regarding inconsistencies on the controlling threshold for flood protection
c Request for reference to FEMA standards for the floodplain, i.e. make it explicit that mapping
is defined according to FEMA standards
• Chuck Wellman: Frazier Meadows. Confused as to which part of population triggers protection
because the bulk of their campus is assisted living. All buildings are interconnected. Staff
response: Ordinance is on a building-by-building basis meant for modifications. Planning and
Development Services has a definition of what counts as part of the definition of "buildings."
WRAB discussion included: [10:45 p.m.]
• Clarification on hazardous substances being "secured"
• Chemicals listed under Sub-Section A are airborne released; other chemicals are not hazardous in
closed containers
Board Comments:
• If a permit is obtained but no major changes are made, could the same engineering report be used?
Staff response: Yes.
• In the ordinance, on Page 10, sub-paragraph 17c, the floodplain is mentioned but throughout the
ordinance, staff is very specific regarding floodplain typo. Request to be more specific about
floodplain type on Page 10.
Motion: Moved by Scharnhorst; seconded by Ryan: Move to make a recommendation to the Planning
Board and City Council that the proposed Critical Facilities Ordinance, as slightly amended, be adopted.
Motion passes: 5-0.
Agenda Item 7 - Discussion on Future Schedule 110:55 p.m.]
April 18, 2011 meeting: Election of WRAB officers; recommendations on rules and regulations to be used
in a drought; begin discussion on utilities budget; water utility master plan; update on revision to water and
ditch rights ordinance (not likely to be ready by April). At least two WRAB members will be absent from
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Page No. 5
the June meeting.
Agenda Item S - Adjournment [11:04 p.m.]
There being no further business to come before the Board at this time, by motion regularly adopted, the
meeting was adjourned at 11:04 p.m.
Motion to adjourn by: DeOreo; Seconded by: Scbarnhorst
Motion Passes 5:0
Date, Time, and Location of Next Meeting:
The next WRAB meeting will be - Monday, 18 April at 7:00 p.m., at the 13`h Street Conference Room
located at 1720 IP Street, unless otherwise decided by staff and the Board.
APPROVED BY: ATTESTED BY:
Boar Chair Board Secretary '
1'
Date Date
An audio recording of the full meeting for which these minutes are a summary, is available on the Water
Resources Advisory Board web page.
WRAB Minutes
28 March 2011
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