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HomeMy WebLinkAboutLAND CONSERVATION AND STEWARDSHIP BOARD - MINUTES - 09/10/2025 Land Conservation & Stewardship Board Regular Meeting | 1745 Hoffman Mill Road September 10, 2025 Members: Ross Cunniff, Chair Holger Kley, Member Scott Mason, Vice Chair Elena Lopez, Member Denise Culver, Member Mark Sears, Member Jennifer Gooden, Member Tom Shoemaker, Member 9 /1 0 /20 2 5 – MINUTES Page 1 1. CALL TO ORDER: Meeting was called to order at 5:30 p.m. 2. ROLL CALL: LCSB: Denise Culver, Jennifer Gooden, Elena Lopez, Mark Sears, Tom Shoemaker, Ross Cunniff Absent: Holger Kley, Scott Mason NAD Staff: Katie Donahue, Bernadette Kuhn, Nick Van-Lanen, Tawnya Ernst, Julia Feder, Aaron Reed, Elaine Calaba, Emily Shingler, Matt Parker, Mary Boyts City Staff: April Silva, Assistant City Attorney, Jin Wang, Civil Engineer, Dana Hornkuhl, Director, Civil Engineering, Jason Stutzman, Special Projects Manager 3. AGENDA REVIEW: There were no changes to the Agenda. 4. COMMUNITY PARTICIPATION: None. 5. APPROVAL OF MINUTES: There were no changes to the August 2025 minutes. Member Culver made a motion to approve the August 2025 meeting minutes. Member Gooden seconded the motion. The motion passed 5-0; Member Lopez abstained. 6. ACTION ITEMS ROW Request Related to Restoration of Fossil Creek and Stanton Creek  Tawnya Earnst. Land Conservation Lead Specialist stated she was seeking a recommendation from the LCSB that City Council approve the declaration of a certain portion of City-owned Property on Fossil Creek Wetlands Natural Area as right-of-way. Tawnya described the ROW easement as one element of the Utilities’ comprehensive stream rehabilitation project along Fossil and Stanton Creeks. The existing culvert is structurally deficient and blocks fish passage and stream habitat connectivity. With the ecological benefits of the overall umbrella project, including restoring native fish passage and restoring the connected segment of Fossil Creek, far exceeding the monetary value of the ROW, the typical fees for ROW declaration will be waived for this project. LCSB Question: Do we know what the culvert design would be? Docusign Envelope ID: 2C0CE236-1B51-4A2E-9E4E-FD1E724A6AA1 Land Conservation & Stewardship Board Regular Meeting 9 /1 0 /202 5 MINUTES Page 2 Staff Answer: The new culvert is 21’x12’ concrete box with a natural bottom and an inert, waterproof membrane on the top. LCSB Comment: What is the source of funding for the project? Staff Answer: The stream rehabilitation portion comes out of the Utility Stormwater funds. The project funding is approved through the BFO process and is a high priority for Council. The bridge program is responsible for replacing the culvert. LCSB Question: Is the aim to keep the 100-year flood inside the channel or is there any kind of flood plain connectivity in the open space? Staff Answer: This section of the channel is complex. The flow that passes underneath the railroad cannot transfer a 100-year flood event and will back up and overtop Trilby into the open space. The larger culvert will probably fully convey a 25-year event and will help reduce velocity, water pressure and scouring during larger storm events. The stream bank between Trilby and the railroad will be laid back to open up flows. LCSB Question: Is the intent to increase the size of the channel so that it can maintain free, unimpeded flow rather than trying to introduce complexity to slow down the energy of the water? Staff Answer: As the velocity and water levels rise, the laid back the banks allow the water to spread out, slow down and lose energy. We are not able to open it enough for a 100- year event. The railroad trestle causes water to back up and helps with the stability of the channel. The goal of the stream rehabilitation program is to stabilize channels and open things up as much as possible. Member Sears made a motion that the Land Conservation and Stewardship Board recommend that City Council approve the declaration of a certain portion of City-owned Property on Fossil Creek Wetlands Natural Area as right-of-way. Member Shoemaker seconded the motion. The motion unanimously passed, 6-0. Meadow Springs Ranch Conservation The Board reviewed the final changes to their draft memo discussed during the August meeting, thanked Member Gooden for finalizing the memo and agreed to forward it to Council. Chair Cunniff made a motion to approve the memo as amended. Member Sears seconded the motion. The motion unanimously passed, 6-0. 6. DISCUSSION ITEMS Ethics complaint Process Q&A Chair Cunniff reported there was an ethics complaint filed against several Board members as a result of the July 23, 2025, Special Meeting of the LCSB. He requested the discussion focus on Docusign Envelope ID: 2C0CE236-1B51-4A2E-9E4E-FD1E724A6AA1 Land Conservation & Stewardship Board Regular Meeting 9 /1 0 /202 5 MINUTES Page 3 the process, questions and answers and to not discuss the complaint details or merits or lack thereof. April Silva, Assistant City Attorney stated she was here to answer questions about the ethics complaint process and shared a flow chart of the process steps. She noted a board member may request, via the Board’s liaison, an advisory opinion from the Ethics Review Board. The Ethics Review Board will conduct a public meeting on September 30th but will not be taking public comment or reviewing any evidence; they will just be reviewing the complaint as presented. LCSB Question: Can you tell us the nature of the complaint? Staff Answer: The only information to share is the date and time of the Ethics Review Board meeting. LCSB Comment: Understands there is a new process in place because of code changes in 2023. Staff Answer: It's basically a prima facie determination; a threshold showing whether or not there's enough evidence to go forward and investigate the complaint. The first step is the complaint is reviewed by the City Attorney's Office and they make a determination if there's enough evidence. The next stage is the Ethics Review Board meeting to determine whether or not they need to go forward with the complaint. If they decide not to then it's done. They send an explanation and it's over. If they decide that there is enough evidence to conduct an investigation they move forward to the next steps. LCSB Question: What are the options for the accused? Staff Answer: The accused will be notified if the Ethics Review Board wants to move forward with an investigation and then they will have the opportunity to present evidence. LCSB Question: Can the accused party be represented by an attorney? Staff Answer: Yes. LCSB Question: Are we allowed to know how many complaints? Is there a public facing city website? Staff Answer: I don’t have detailed information about the complaint. Once the Ethics Review Board has made a determination, the public will be notified. Staff Comment: If you’d like more information about the Ethics Review Board process, it’s in the City Municipal Code, Article 7, Section 2. LCSB Question: Is initial determination made in-house by the City Attorney’s Office? Staff Answer: Yes Docusign Envelope ID: 2C0CE236-1B51-4A2E-9E4E-FD1E724A6AA1 Land Conservation & Stewardship Board Regular Meeting 9 /1 0 /202 5 MINUTES Page 4 LCSB Comment: Where does advisory opinion fit in the process? Staff Answer: It can happen at any time before the action takes place. You can request the Ethnics Review Board to conduct a review internally within themselves of whatever your question may be and then they'll issue an advisory opinion. Use your Council liaison to communicate with them. LCSB Comment: Members should let Board Chair know of any potential conflicts of personal or financial interest regarding upcoming agenda topics to allow time for an advisory opinion if requested. LCSB 2026 Work Plan The LCSB discussed potential additions and revisions to their 2026 Work Plan, including alignment with NAD Strategic Framework and Council priorities, and exploring external funding. They also discussed revisiting their Values document. LCSB Question: Did you receive any feedback from Council on last year’s plan or any direction for moving forward? LCSB Answer: The Council liaison expressed appreciation and Council acknowledged receipt of the Work Plan and Values document. LCSB Question: Are we required to complete both documents (Work Plan and Values)? LCSB Answer: The Values document was appended to the Work Plan because the values inform our work plan. The LCSB decided to form a subcommittee to draft revisions to be discussed at the regular October meeting. 7. BOARD UPDATES Member Sears, who serves on the Poudre Valley Community Farms Board of Directors, recently visited the three NAD agricultural lease sites. He reported Kestrel Fields, Prior and Flores del Sol look amazing. He highlighted the seed harvesting at KFN in partnership with Natural Areas and the 4-acre pumpkin patch at FDS. Chair Cunniff reported he registered to attend the Coalition for the Poudre River Watershed’s North Fork of the Poudre Healthy Watershed Tour & Open House on September 20th. 8. DEPARTMENT UPDATES Katie Donahue, Director, shared several items of interest: NAD Strategic Framework Docusign Envelope ID: 2C0CE236-1B51-4A2E-9E4E-FD1E724A6AA1 Land Conservation & Stewardship Board Regular Meeting 9 /1 0 /202 5 MINUTES Page 5 The Strategic Framework was adopted by Council. Katie commended the planning team for their hard work and to LCSB for their input throughout the process. Civic Assembly Ordinance The ordinance was adopted by Council and referred to the November ballot. Yes to Natural Areas tax extension Council referred the ordinance to the November ballot. Elk Meadow Trail at Bobcat Ridge Natural Area NAD trail crew have worked hard to build the extension of the Valley Loop trail. There are two events scheduled to celebrate the opening: October 3rd tour for the LCSB, dignitaries and the media, and a public open house on October 11th which will include guided hikes. LCSB Membership Member Mizell is no longer serving on the board and that position will be recruited during next cycle after the new Council is seated. Staffing update NAD requests for staffing exceptions to the hiring freeze have been approved for a Business Support III and Worker I on the TVA team. Emily Shingler has been promoted to Administration Supervisor. The Grassland Health Specialist position has been filled. Nature in the City NIC is recruiting for a LCSB volunteer to review Implementation Grants on October 30th and December 4th. 9. ADJOURNMENT The meeting was adjourned at 6:45 p.m. Ross Cunniff, Chair Date Docusign Envelope ID: 2C0CE236-1B51-4A2E-9E4E-FD1E724A6AA1 10/9/2025