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HomeMy WebLinkAboutLand Conservation And Stewardship Board - Minutes - 01/13/2021 Land Conservation & Stewardship Board Regular Meeting/Zoom Meeting January 13, 2021 5:30 pm 0 1 /13 /20 21 – MINUTES Page 1 1. CALL TO ORDER: 5:30 p.m. 2. ROLL CALL: Raymond Watts, Vicky McLane, David Tweedale, Alycia Crall, Joseph Piesman, Kelly Ohlson, Cole Kramer, Mike Weber Excused: Andrea Elson Current Board members introduced themselves to the new Board member, Cole Kramer and provided a short background of their experience. Citizen Participation: Jeff Stahla, Public Information Officer for Northern Water; Jim Struble, Real Estate Agent for Northern Water; Rob Graves, Community Member; Kelly Smith, Senior City Planner, City of Fort Collins; Kraig Bader, Director Electrical Engineering, City of Fort Collins NAD Staff: Julia Feder, NAD Environmental Planning Manager; Jennifer Shanahan, NAD Senior Specialist/Sciences 3. AGENDA REVIEW: Ray made comments regarding the agenda. Rather than construct a Consent Agenda he suggested adopting those items by consensus. The items are the Oil and Gas memorandum, Realigning Boards and Commissions memorandum and the 2020 LCSB Annual Report. Ray announced that Dave Myers would do a Larimer County Landfill IGA update at the end of the meeting to be included in his Land Conservation report out. Without any objections, the Board moved forward. 4. APPROVAL OF MINUTES: Joseph Piesman made a motion to approve the December 2020, LCSB meeting minutes. Alycia Crall seconded the motion. The motion was unanimously approved 7-0. Cole was not in attendance of the December meeting and was unable to vote. 5. UNFINISHED BUSINESS: Ray submitted a final draft of the Oil and Gas Regulations memorandum. Ray opened the floor for discussion. In summary, the memo recommends that the City develop standards and maps that will apply to applications for oil and gas development on City- owned lands outside the City limits. Existing standards and studies provide a good starting point for new specific oil and gas standards. The memorandum was approved by Consent. Ray moved forward with the Reimagining Boards and Commissions memorandum . He will send the final memo to Michelle to forward to City Council. Ray explained the memo discussed certain aspects of concern by the LCSB. Alycia reported those DocuSign Envelope ID: 63EFCA9D-C56A-4331-BE03-DE31D5B0EA2C Land Conservation & Stewardship Board Regular Meeting 01/13/2020 MINUTES Page 2 concerns were somewhat addressed at the Boards and Commissions Super Board meeting. There will be a continuation to attend Board meetings, variant term length for some Boards will be considered. City Council will continue to discuss the issue on January 26th. Ray asked Alycia to resend the presentation to him. The memo to City Council was approved by Consent. Zoe introduced the Club Outdoors Year End Summary Memo addressed to the Board. A grant proposal to continue funding Club Outdoors was submitted in the fall of 2020 to the Pulliam Charitable Trust. However, Club Outdoors funding was not renewed. Instead, the Trust is funding Cameron Peak Fire recovery at Bobcat Ridge Natural Area. The purpose of the memorandum is to update the Board on how the prior grant was spent and the work the funding was able to support. Vicky encouraged staff to apply for City Grants, from Social Sustainability. Zoe thought it was a great suggestion. 6. NEW BUSINESS: Lighting Code Q&A Kelly Smith, Senior City Planner Kraig Bader, Electrical Engineering, Director Kelly and Kraig were available for questions on the proposed new Lighting Code. Specifically, the Board raised concerns and questions regarding retrofitting the new Code and Policy within the City. Kelly Ohlson asked about best practices nationally. Kelly Smith reported that a consultant, internationally known for developing lighting code and standards to control light pollution, from a design and a code perspective reviewed the proposed new Code. She reported the consultant recommendations and how the City reviewed and made changes to the proposed Code based on the feedback and tools provided by the consultant. Kraig reported an approximate 37% conversion status for the City has already taken place. Stu Reeve, with Operation Services is leading and managing the City’s retrofit conversion. Kelly Smith went on to explain their analysis of the consultant’s report and summary of other communities’ efforts to roll out retrofits. Kelly Smith reported the new regulations will go before City Council in the Winter of 2021 for adoption. Kelly Ohlson requested Kelly Smith to follow up with him. 2020 LCSB Annual Report Ray opened the floor discussion for any comments or suggestions on the LCSB Annual Report. The Board agreed to list Board member names in all future reports. Michelle offered to insert Board member names in the report prior to submitting to the City Clerk’s office. The Board approved the Report by consensus. 2021 Northern Integrated Supply Project (NISP) & Site Plan Advisory Review (SPAR) DocuSign Envelope ID: 63EFCA9D-C56A-4331-BE03-DE31D5B0EA2C Land Conservation & Stewardship Board Regular Meeting 01/13/2020 MINUTES Page 3 Jennifer Shanahan, NAD Senior Specialist Jennifer provided an update on the status for all NISP permitting tracks and recent events, in 2020 NISP pertaining to the 1041 permit from Larimer County. Included was City Council’s restatement of its position on NISP to oppose NISP in the FEIS and 1041 application and opposes those aspects of NISP that include the use of City-owned natural areas for NISP infrastructure. Jennifer’s memo to the LCSB included summaries for the 404 permit and Record of Decision, The Poudre Intake Pipeline, the Site Plan Ad visory Review and the Natural Areas easement application for Homestead, Kingfisher Point and Riverbend Ponds natural areas. The LCSB has the option of communicating its perspective as a board or an individual member of the public to Planning and Zoning Board, via a memo. The LCSB will also be asked to provide a recommendation to City Council per standard easement application process. Jennifer continued with a summary of 2021 NISP permitting activity and those options for LCSB to engage. Discussion: Ray pointed out that the Colorado 1041 review and permitting process is available to the City. He does not understand why a city like Fort Collins, has not adopted regulatory 1041 powers. Jennifer will seek advice from the attorneys and why they have not chosen that approach. Kelly would like to know why the SPAR route, rather than 1041 authority, has been chosen. He believes it might not be a City choice to circumvent that process. Ray noted that under the 1041 law water projects are specifically of state interest and therefore subject to local 1041 authority when a local government so chooses. When a municipality adopts regulations of water development, within its city limits, environmental protections are required for that development, then the city can declare it being handled through a SPAR process, and that case circumvents standard City code reviews. Julie understands that CSU, as owner of the Hughes Stadium property and has a governmental agency, is not being held by the City and as a governmental agency, is not being held by the City to normal development review standards. Jennifer agreed to follow up with the City Attorney’s office to define why the City chose that route and get back to the LCSB with a memo. Ray will pursue reaching out to City Council to obtain a better understanding the reasoning behind 1041 authority for NISP. Appropriating Pulliam Fire Recovery Grant Zoe Shark, Interim NAD Director Zoe announced a $75K grant from the Pulliam Charitable Trust designated for Cameron Peak Fire recovery efforts at Bobcat Ridge Natural Area. The Trust has outlined specific allocations for the funds. In order to appropriate the funds into NAD budget Zoe is asking for a recommendation to City Council from the LCSB. Mike Weber made a motion that City Council approve the appropriation of $75K from the Pulliam Charitable Trust to be used for fire recovery efforts at Bobcat DocuSign Envelope ID: 63EFCA9D-C56A-4331-BE03-DE31D5B0EA2C Land Conservation & Stewardship Board Regular Meeting 01/13/2020 MINUTES Page 4 Ridge Natural Area. Kelly Ohlson seconded the motion. The motion was unanimously approved 8-0. Land Conservation Dave Myers, NAD Land Conservation Manager described three potential land acquisitions. Dave suggested going into Executive Session for the February LCSB meeting. A confidential year-end report has been submitted to City Council. He would like to discuss the potential land acquisitions in February to provide specific details on the properties. Mark provided an update on the Fossil Creek Reservoir Surface Rights Lease Agreement. Northern Poudre Irrigation Company held their monthly Board meeting and the chose not to review NAD’s proposed lease agreement and will address it at their February meeting. In the meantime, they requested a 90-day extension from NAD. If the City Manager approves the extension, NAD will extend the current lease for 90 days to provide additional time to continue negotiations on the proposed lease. Mark will provide an update to the Board in February. IGA related to Remediation Activities on the Landfill and Cathy Fromme Prairie Natural Area Dave Myers provided an update on th e Landfill IGA and potential easement on Cathy Fromme Prairie Natural Area. He reported on a toxic plume at and emanating from the landfill site, which extends onto Cathy Fromme Prairie. Dave explained the purpose of the IGA to establish a framework for the allocation of responsibilities and sharing of costs between the owners of the landfill site to address the contamination and perform the landfill corrective measures work. The County would pay 100% of the first $3 million of remediation costs. If the remediation costs exceed that the parties would apportion those extras costs. The County would pay 60%, Fort Collins would pay 30% and Loveland would pay 10%. Dave continued with a description of the remediation process opti ons. 7. COMMUNICATION & BOARD MATTERS: 8. OTHER BUSINES: The Board agreed to hold election for Board officers during the February meeting. 9. Bicycle Advisory Committee - Mike reported the Committee has not met since the last LCSB meeting and has no update. Meeting adjourned at 8:15 p.m. DocuSign Envelope ID: 63EFCA9D-C56A-4331-BE03-DE31D5B0EA2C Land Conservation & Stewardship Board Regular Meeting 01/13/2020 MINUTES Page 5 _____________________ _________________ Raymond Watts, Chair Date DocuSign Envelope ID: 63EFCA9D-C56A-4331-BE03-DE31D5B0EA2C 2/16/2021