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HomeMy WebLinkAboutLand Conservation And Stewardship Board - Minutes - 03/10/2021 Land Conservation & Stewardship Board Regular Meeting March 10, 2021 5:30 p.m. 03/10/2021 – MINUTES Page 1 1. CALL TO ORDER: 5:32 p.m. 2. ROLL CALL: David Tweedale, Andrea Elson, Joe Piesman, Cole Kramer, Vicky McLane, Mike Weber, Raymond Watts, Excused: Kelly Ohlson, Alycia Crall NAD Staff: Julia Feder, Matt Parker, Jenny Roberts, Zoe Shark, Michelle Vattano, Laura Fritz 3. AGENDA REVIEW: Ray reported a revision to the memo regarding the 1041 Powers and had been distributed, via email to the Board, prior to the meeting. He asked that if any members of the public or any Board members were interested in the memo, he would be glad to forward it. Ray mentioned the status of NISP, the City review process and the preliminary steps in the City’s review and application process. With regards to riparian aquifers, he would like to educate some of the Board members and NAD staff. Ray asked Mike to provide a Bicycle Advisory Committee update at the beginning of the agenda versus at the end of the meeting. 4. CITIZEN PARTICIPATION: Brad and Johana: Fort Collins residents Errin Henggeler: City of Fort Collins Environmental Regulatory Affairs Jeff Stahla: Northern Water Conservation District The guests were asked if they had comments to share. All were present to listen in. 5. APPROVAL OF MINUTES: Joe Piesman made a motion to approve the February LCSB meeting minutes with corrections. David Tweedale seconded the motion. The motion was unanimously approved 7 -0. 6. OTHER BUSINESS Mike Weber provided an update on the last Bicycle Advisory Committee meeting. It was a joint meeting with the Transportation Board to discuss streets and bicycle paths. The Committee held their Bicycle Chair election. Dave Dixon with Bike Fort Collins was nominated as Chair. There was a lengthy discussion about two priority areas the Committee is looking at in terms of safety. The Committee reviewed Canyon and Magnolia near the Lincoln Center concerns. There was a follow-up with traffic data and accidents in that area, over the last year. Streets is looking at ways to make the area more bike friendly. Secondly, where the Poudre Trail crosses Linden Street is another area they are specifically looking at in terms of safety. More discussion about the Move Fort Collins Plan. Continued discussion around the e-bike program and how that is DocuSign Envelope ID: A929F36A-B699-4954-A173-F7EB2C13AD5E Land Conservation & Stewardship Board Regular Meeting 03/10/2021 MINUTES Page 2 going took place and additional discussion around new bikes (scooters) and data on those. Ray inquired with Julia Feder as whether any Board members followed up with her regarding Nature in the City, after last month’s meetings. Julia reported that she and Alycia Crall had discussed a broader update on Nature in the City activities, specifically what has been done and then looking forward into the future. Julia will be returning to the Board in April with a Nature in the City update. 7. NEW BUSINESS Ray requested that all Board members take some time to write up brief background (bios) to share with either NAD staff or post on the LCSB website. There are instances where that might be useful for example NAD staff might want to know background on the Board members and City Council might be interested in backgrounds to compliment current member knowledge and experience. Andrea requested bios be sent to her and she will assemble them. Zoe suggested providing the bios to City Council when they are reviewing new Board member applications. It would give them some context of the current Board members expertise. Bobcat Ridge Natural Area Update Jennifer Roberts, NAD Environmental Planner provided the Board with a post-fire update on Bobcat Ridge Natural Area. The summary included post -fire recovery, impacts of the fire, the reopening timeline, and provided a preview into future considerations for the natural area. Jenny summarized the fire’s habitat and infrastructure impacts and the historic undocumented dump site that contains asbestos. Further investigation of the dump site will determine if any chemicals have leached underground. Reopening of the natural area is scheduled for August 2021. A summary of the estimated costs includes $300K for restoration, $55K for visitor amenities and $100K for historic dump mitigation. Some of that remediation funding will come from the $75K Pulliam Grant, other potential funding may come from FEMA and through the insurance claim. Aaron Reed explained the asbestos located at Bobcat Ridge was discovered in 2016. After testing NAD determined it would manage the hazardous material area ‘in place’. Unfortunately, the fire left asbestos contaminated soil, which will now require remediation. Aaron explained a contractor will work with NAD to determine the necessary steps. NAD is aware there is a responsibility to stabilize the soil. Erin DocuSign Envelope ID: A929F36A-B699-4954-A173-F7EB2C13AD5E Land Conservation & Stewardship Board Regular Meeting 03/10/2021 MINUTES Page 3 Henggeler explained the remediation options and initial feedback from LCSB was discussed. Pryor/Robbins parcel management strategy Matt Parker, NAD Senior Supervisor, introduced the management of the Pryor and Robbins parcels of Cathy Fromme Prairie Natural Area. NAD staff is seeking the Board’s input on trial plans to facilitate ecological restoration by housing and grazing stock animals on two recently acquired parcels of Cathy Fromme Prairie Natural Area. While NAD is working on the bid for the project, both parties would enter into a service agreement that would allow either to cancel the agreement for any reason, at any time. Matt described the existing conditions of the parcels and the benefits. He summarized the general costs associated with the project. Matt explained that Natural Areas strategy will be to find the type of people with the same vision of ecological health and to consider all the specific issues that would go along with this type of management. Overall, the Board agreed this type of management plan was a step forward in restoration in terms of grassland maintenance methods and expressed concerns to Matt about the about the potential livestock damage and over grazing. Matt explained that for the most part, the livestock would be fenced out of riparian areas. Although permanent fencing would not work, staff will continue to see out alternatives. Prairie Dog Management Update Aran Meyer, NAD Wildlife Ecologist provided an update on prairie dog management efforts on Natural Areas’ properties and discussed accomplishments, lessons learned, and partnerships aimed at prairie dog conservation. The guiding principle for managing prairie dogs is included in the 2017 Wildlife Conservation Guidelines. Aran summarized in 2020 NAD protected 2, 165 acres of prairie dog colonies from sylvatic plague at Soapstone Prairie Natural Area and Meadow Springs Ranch. NAD is expecting colonies in this complex to grow naturally beyond a 4,000-acre mark. Colony acreage continues to fluctuate significantly driven by periodic outbreaks and sylvatic plague. Aran described management tools NAD is experimenting with to reduce plague outbreaks. He summarized prairie dog management on both regional and urban natural areas. Partners such as CPW, USFWS and regional open space programs will assist in understanding management trends and mitigation. The Board took a five-minute break from 7:15 to 7:20 pm. DocuSign Envelope ID: A929F36A-B699-4954-A173-F7EB2C13AD5E Land Conservation & Stewardship Board Regular Meeting 03/10/2021 MINUTES Page 4 Natural Areas Department 2021 Reappropriations Mark Sears, Natural Areas Manager provided an overview of the proposed Natural Areas Department’s (NAD) reappropriations for 2021. NAD is proposing to reappropriate $5M. In 2020 NAD received $914,000 in unanticipated revenues; $516,000 of these funds will be appropriated to provide funds for expenditures in 2021 that were not included in the 2021 budget. The remaining, $4,484,000 of the funds being appropriated are unspent funds being carried over from last year. Of the $5M appropriation, $4,413,000 will be spent in land conservation, $146,000 in resource management, $120,000 in special projects and $420,000 in trails and visitor use. Andrea Elson made a motion that the Land Conservation & Stewardship Board recommends that City Council approve the proposed 2021 appropriation of prior year natural areas reserves. David Tweedale seconded the motion. The motion was unanimously approved 7-0 Budgeting for Outcomes process 2021 Zoe Shark, Interim NAD Director, provided a timeline on the 2022 Budgeting for Outcomes process. A more detailed breakdown will be brought to the Board in April with specific proposals. She provided a preview of NAD’s plans to ask for funds for big restorations for 2022 that we will need some funding for and some staffing. Zoe asked if anyone had any question about the memo she distributed. Zoe mentioned the citywide budget Community Outreach opportunities scheduled for May 5- July 2. This will be like a Super Board meeting to give input on the citywide budget for Board members. The LCSB’s April 12th comment opportunity is the most focused and granular focus on the Natural Areas budget. Encouraging the City to Adopt 1041 Powers Ray Watts, LCSB Chair directed attention to the final memorandum that he and Andrea drafted. Ray covered the main points in the memo to include SPAR (Site Planning Advisory Review) process. The City Land Use code calls for governmental and quai governmental entities to submit project applications to the SPAR process. The item of concern to the Board is at the end point of SPAR. If the application has gone through the normal land use code review process, and problems remain unsolved, and the City denies DocuSign Envelope ID: A929F36A-B699-4954-A173-F7EB2C13AD5E Land Conservation & Stewardship Board Regular Meeting 03/10/2021 MINUTES Page 5 the application then the project could go to City Council for an appeal. In SPAR it goes to the governing board of the applying entity. If a 2/3 majority of the applicants’ Board votes it can override the City’s decision. Basically, in SPAR, after all the work City Staff has done to review the proposal, in effect the final decision can be turned over to the applicant. As an alternative, Colorado’s 1041 law can be applied rather than SPAR if the City denies the application at the end of the 1041 review process, then an appeal can only be made to Colorado Couts. At the end of a 1041 process, if the City denies application, then it goes to Colorado Courts. The LCSB’s memo recommends that Fort Collins switch to the 1041 process where it is applicable to better protect natural areas. Vicky McLane made a motion that the LCSB approve the memorandum to City Council regarding 1041 Powers. David Tweedale seconded the motion. The motion was unanimously approved 7-0. Announcement- Celebration for Mark/John Zoe Shark, NAD Interim Director announced a retirement gathering to take place for Mark and John for the Board to say goodbye. They are both retiring in June. The thought is we would have something May 5th, at Primrose Studio, host a small group, be distanced, and celebrate their retirement. Ray asked if any Board members would be willing to volunteer to assist in the planning. As no board members were available, NAD will plan the event and keep it simple. Natural Areas Succession Planning Zoe Shark, NAD Interim Director shared a Power Point presentation demonstrating t wo options that are being considered to replace Mark’s manager role. One option is to have 2 managers, with four teams under each manager and the other option would be to not have a manager (and add a Land Conservation Specialist and increase financial analyst capacity). Zoe reviewed those options with the Board and asked for any feedback. Zoe is recommending a “no manager” proposal. Next steps- Zoe will report back to the LCSB the final decision, why the choice was made, and then complete the job descriptions and hiring exceptions to implement. Ray suggested considering a Deputy Director. Land Conservation Updates Dave Myers, Land Conservation Manager is seeking approval, from the Board, for a lateral ditch easement across the Goodwin King, LLC property as well as approval of the Robert Benson Lateral Ditch Crossing Agreement to Goodwin Knight, LLC. The Lateral is DocuSign Envelope ID: A929F36A-B699-4954-A173-F7EB2C13AD5E Land Conservation & Stewardship Board Regular Meeting 03/10/2021 MINUTES Page 6 co-owned by two parties, the City of Fort Collins Natural Areas and Parks Departments, and Mr. Jeff Bundy. The reservoir is owned by Natural Area. Parks stores its water in the reservoir for use at Water’s Way Park. The Lateral is the main source of water for the reservoir and the only source of water used to irrigate Water’s Way Park. Dave summarized the proposed modifications and reviewed the costs associated with the ditch crossing agreement and the permanent easement are the responsibility of the Developer and paid to Natural areas for distribution between the Owners. Dave summarized the Benson Lateral Ditch Crossing Agreement. Dave explained a lot of work must be done before the topic can be brought before City Council. NAD will not sign and record the ditch crossing agreement until the Developer has done everything that needs to be done. Vicky reminded the Board that the Easement Policy that was approved an d developed in December of 2018, the goal is to preserve and protect natural areas within Fort Collins and the growth area………., She is very concerned with easements damaging natural areas and very hesitant. Dave explained NAD is accepting an easement on ditch that we own, not a piece of land that we own. Currently it is a prescriptive easement. This agreement reflects the conversations NAD has been in with the City Attorney’s office on how we protect our ditch right and how we can solidify our right to convey water. NAD is the only department that is a ditch owner that that can go through an advisory board for input on this. This is the best approach. We are not the property owner but a ditch owner. Our goal is to protect that right. David Tweedale made a motion that the Land Conservation and Stewardship Board recommends that the City Manager approve acceptance of the Robert Benson Lateral Ditch Easement across the Goodwin Knight, LLC property and that the Land Conservation and Stewardship Board recommends that City Council approve the Robert Benson Lateral Ditch Crossing Agreement to Goodwin Knight, LLC. Cole Kramer seconded the motion. The motion was unanimously approved 7-0 Executive Session The Board moved into Executive Session at 8:56 p.m. The Board moved back into the Regular Meeting at 9:10 p.m. Meeting was adjourned at 9:10 p.m. DocuSign Envelope ID: A929F36A-B699-4954-A173-F7EB2C13AD5E Land Conservation & Stewardship Board Regular Meeting 03/10/2021 MINUTES Page 7 _____________________ __________________________ Raymond Watts, Chair Date DocuSign Envelope ID: A929F36A-B699-4954-A173-F7EB2C13AD5E 4/19/2021