HomeMy WebLinkAboutNatural Resources Advisory Board - Minutes - 10/04/2000CA
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MINUTES
CITY OF FORT COLLINS
NATURAL RESOURCES ADVISORY BOARD
REULAR MEETING
281 N. COLLEGE
October 4, 2000
For Reference: Randy Fischer, NRAB Chair - 491-6303
Bill Bertschy, Council Liaison - 484-0181
Tom Shoemaker, Staff Liaison - 221-6263
Board Members Present
Reagan Waskom, Bill Miller, Nate Donovan, Linda Knowlton, Randy Fischer, Don
Rodriguez
Board Members Absent
Phil Murphy, Kelly Ohlson
Staff Present
Natural Resources Dent: Tom Shoemaker, Terry Klahn, Edith Felchle, Mark Sears, Dave
Irwin
Guests
Kelly Chase, CSU student
Drew Hawk, CSU student
Tad Stout, CSU student
Jeff Fletcher, CSU student
Ryan Fritzsche, CSU student
Agenda Review
No changes.
Ranger Program Update, Edith Felchle
Felchle introduced Dave Irwin, the new Natural Areas & Trails Ranger who began
working for the City in July.
Irwin is a Colorado State University graduate. He has worked for the state parks system
as a ranger, for the Bureau of Land Management and the National Forest System. He
came to the City of Fort Collins in July. He has been working on his own in the field for
the past several weeks after completing his training and receiving his commission.
Felchle said the Ranger Program has been around for two years now, and she is very
pleased with the public acceptance of the program. There are instances where an
individual may not be happy with their personal contact, but there has not been any major
Natural Resources Advis Board
October 4, 2000
Page 2
objection from the public at large. The public has been very accepting. It's very
rewarding to hear about citizens thanking the rangers for their efforts.
Discussion
• Rodriguez: Do you have previous experience in law enforcement?
• Irwin: I was a fully commissioned officer in South Dakota.
• Donovan: What kind of training did you have here?
• Irwin: I trained with the CSO's. If we need assistance we go through dispatch and
officers are dispatched.
• Fischer: I appreciate the memo and the graphs. The graphs were very interesting to
me.
• Waskom: Who collected the data that is on the graphs? The data are from ranger
observations while on patrol.
• Wasksom: Do you think that presence, uniform, or a truck in the parking lot, makes a
difference? Yes, I think the presence of a uniform makes a huge difference. We're
working to gather other data that isn't skewed by the presence of a ranger truck or
uniform. We were pleased to see the percentages, but were surprised in some areas.
Anecdotally, some people say they've seen a tremendous difference, which tells how
things were before the ranger program.
• Knowlton: You're doing a great job. Someone out of uniform might see more dogs
off -leash, but having uniformed rangers around might encourage more people to keep
their dogs on -leash. We've even had people tell us their friends have told them they
better keep their dogs on leash because the rangers are around.
• Rodriguez: As natural area use increases, do you see that people are more inclined to
keep dogs on -leash? That's a very interesting question. In places where the right
things were in place when the area was opened, such as Cathy Fromme Prairie,
there is very impressive compliance data. It's easier to get compliance if you have
things in place. At Pineridge, we're trying to change peoples' behavior, and that's
much more difficult.
• Shoemaker: Generally we're trying not to open a site until we have a site
management plan and appropriate improvements in place. We've had Pineridge for
twenty years but there wasn't a management plan until a few years ago.
• Miller: At the Futures Committee the topic was raised that it would be valuable for
future board members to have an annual report relating to compliance. In Craig, on
the western slope, there is zero tolerance for dog bites. If a dog bites someone that
dog is put down. It would be nice to be able to emphasize the financial obligations of
someone who's dog causes an injury. I love the idea of this card (from the dog
owners association). It's not the City of Fort Collins saying it, it's a dog owners
association. We also need to educate people about the flushing distance of many
species of wildlife. When an animal takes flight it's gone through stress prior to that.
That's the breaking point of what the animal will tolerate. Damage is effected before
the animal takes flight. I hope there's somewhere that topic can be brought into
education. People need to understand what effect their dog has on other forms of
wildlife.
• Waskom: What is the status of FIDOS?
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October 4, 2000
Page 3
• Shoemaker: There's not been much communication lately. A lot of that is because
when we met with them last there appeared to be an opportunity to receive a donation
of land on Taft Hill Road. They said it's not all they wanted, but it's a good project.
• Knowlton: I would like to compliment Edith again. I received a call from Kristen,
who left a nice message. She gave me the cell phone numbers of all the rangers, she
was very responsive. We know it's awkward to list three different numbers, but
there's noway to have one number. Communication is by cell phone.
• Waskom: How much time goes to response, as opposed to patrolling? There aren't
very many contacts that require a response.
• Waskom: So most of the public contact is in the natural areas? How often is it
necessary to call for backup. Yes, most of the public contact is in the field. With the
Rainbow Family in town this summer there has been a larger need for police backup.
There have been a couple times where a contact for a dog off -leash has resulted in a
need for back-up, but usually that doesn't happen. In the event of a vagrant situation,
the rangers are trained to see a situation befbre contacting the person and get an
armed officer there.
• Donovan: Are the ten hour days in one stretch, or are they broken up.
• Irwin: Most of the time it's in one stretch.
• Donovan: This is a great memo. I'm struck by people going out early and late. Do
you really think it's to avoid the rangers? Yes, we even have people call to see when
the rangers will be on duty. We tell them we have a varied schedule, and they're out
there all the time. There was an instance of a ranger contact at Pineridge on a day
when the weather was bad. The person told the ranger they thought that on a day like
this the rangers wouldn't be out.
• Donovan: Is the term vagrant used a lot in the City organization? It's one I use.
These are the people who come into and out of town on the freight trains. They may
get into trouble in one community and move to another. Most of them have police
records and are considered dangerous.
• Donovan: Maybe transient would be a similar word? Yes, it might be similar.
• Donovan: Vagrant connotes to me London in the 1800's, it's a negative connotation,
like "these people aren't worth dirt". Maybe another word to describe them would be
a good idea. I realize you have to deal with them, but that just jumped out at me.
• Waskom: Transient would be a more common use. Do they have the right to be in
the natural areas? They can't camp overnight, or have alcohol. Those are the two
biggest things.
• Waskom: But they can hang out there all day. Yes, that's not a violation as long as
there's no alcohol. A lot of these people build tents, or whatever kind of structure
they want. Often times we find weapons.
• Donovan: Are they all along the river, or just in certain spots.
• Irwin: There are definitely certain spots. Spots that are more hidden from the road.
The other two rangers know the spots very well. We'll get a couple of them, they'll
be gone for a while, and then they move back in.
• Felchle: You may recall there was a rape involving a vagrant in the Gustav -Swanson
Natural Area. That's a big reason why we pay such close attention to the vagrant
situation.
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October 4, 2000
Page 4
• Fischer: Is the patrolling having a positive affect?
• Irwin: I talked to an officer who said the transients are saying they moved to the south
end of town because the rangers are bothering them up north. It's definitely having
an impact.
• Rodriguez: Are we patrolling McMurray? Until we acquire it our laws don't apply,
but the Rangers go through the area.
• Fischer: Are you handing out a lot of these (cards)? They're attached to every
warning and citation. They're also available in kiosks and brochures.
• Fischer: I use the trail system a lot, and I haven't seen them become litter. I have
seen some warnings on the trail. I would encourage you to do more. Maybe I give
people too much credit, but I think 99% would comply if they understood the
reasoning.
• Fischer: How is the horse traffic in CFP? I saw "Roy and Dale" riding off into the
sunset.
• Sears: We do have someone who notoriously rides the CFP area.
• Randy: On the east side of Taft Hill on CFP there's someone using the gate. It's
looking like the start of a road.
• Sears. We're not sure who it is going in and out.
• Fischer: The gate is not much of a deterrent.
• Sears: We can put a padlock on it.
• Fischer: Jan Rastall gets up and runs early. She says a tremendous number of people
are running dogs off leash and using closed trails at Pineridge between 6 a.m. and 8
a.m. in the morning. Some of those people may get a surprise visit.
• Irwin: It's hard to decide what to do. There are a lot of transients. We thought it was
more important to get them out. Now that the weather is changing we'll start
patrolling the other areas earlier in the day.
• Sears: Having the third ranger will help a lot. We'll have double coverage almost
every day. That's going to make a big difference.
• Waskom: Are there any plans for additional activities, such as education, or will
there just be more patrolling? More patrolling is the need we feel is more important.
The education component is under Sue Kenny's program.
• Rodriguez: The rangers don't spend any time in the classroom?
• Sears: There's a big impact on people with dogs off leash in the natural areas. They
get an explanation. There's an opportunity for education. It's not just handing out
tickets and cards.
• Rodriguez: You get a lot of bang for the buck in the classroom. 99% of the public in
this community don't know these folks exist. It's a conscious choice to not be in the
classroom, it's a program efficiency decision.
• Waksom: Do you deal with mountain bikes off trail?
• Irwin: The mountain bikers have been pretty good. I've noticed that Todd
sometimes will block off social trails with rocks, and sometimes when we come back
the rocks are moved. Usually people will stay on the original trail.
Natural Resources Afsory Board •
October 4, 2000
Page 5
• Waskom: Earlier we discussed having a horse mounted ranger. Was a decision made
on that? The decision was made that with the size of the program it wouldn't be
efficient right now.
• Fischer: I'm really happy to see the number of citations going up. That's what I've
been waiting to see. Maybe it's not having as much impact as I thought it would, but
I believe in holding people accountable, and being fair to the public. It looks like
we're starting to get the numbers up there.
• Fischer: At first I wasn't too enamored of the no -tolerance days, but maybe they
work. I think this program is very good, being well run, and managed efficiently.
• Donovan: How are repeat offenders tracked? Do you make a call to a data base?
• Irwin: No, we can't call a data base. We have a box of warnings and summons.
Also, you remember people you've dealt with in the past. It's not a great way, but
right now it's the only way.
• Felchle: We'd have to have our own data base. The police department has a lot of
demands, there are certain things we just can't do to increase their work load.
• Miller: Has there been much patrolling of Riverbend Ponds? There's a lot of fishing
line in the weeds. The rangers do educational contact. We don't have the data to say
what the impact is. There are interpretative features advising people of the problems.
• Fishcer: My wife and I adopted Pineridge. All of the fishing line we pickup really
bothers me. Do you patrol the north end of Dixon? We can have a presence but we
can't enforce the law.
• Fischer: Last winter was mild so there wasn't a lot of sledding. But, I did actually see
a guy remove some of the bottom rungs of buck and rail so he could go under the
fence. We are committed to providing one place for sledding. We moved the site due
to some liability issues. There are signs directing people to the new place.
Natural Areas Easement Policies, Mark Sears
Shoemaker said the information in the packet included a memo from Randy Fischer and a
memo from Mark Sears. Fischer's information tends to deal more with policy questions
while Sears' information pertains more to procedure. The goal is that the two will come
together and create a product that is clear in terms of policy and process. Tonight my
hope is to listen, and maybe ask some questions for clarification.
Discussion
• Waskom: Do we have any burning issues in terms of requests? Yes, we do have a
number of outstanding requests. Coyote Ridge hasn't gone away. There's a new
request from Boxelder. Our plan is to get the policies in shape and get them in front
of Council. The short answer is yes, there is some urgency.
• Fischer: What's the status of the one we discussed in August? Fossil Creek Wetland
was approved by Council, but they've decided not to pursue construction right now.
• Miller: I would like to see a marriage of Randy's ideas plus Mark's processes. The
citizens of Fort Collins didn't tax themselves to set areas that make development
possible by providing a logical place to run a sewer line. The policy needs to make it
fiscally obvious to the developer they need to find some other way to get from point
Natural Resources Advis Board
October 4, 2000
Page 6
A to point B without crossing a natural area. We need to look at "cost effective
alternatives", and what defines cost effective.
• Shoemaker: We won't try to address all questions tonight. Typically easements are
evaluated on appraisals, but how it's determined is all over the map in terms of
programs around the state.
• Miller: If there's a great disparity between the cost of going through versus the cost
of going around a natural area, we need to look at the fiscal implication to the
development or construction process.
• Fischer: I tried to look at various types of easements. Sewer lines are just one of
them. We should look at roads and overhead power lines too. I think we should say
now that we will not allow certain types of easements. It isn't just the issue of the
disturbance of the natural area. There's the cost to the City of granting the easement,
paperwork and unforeseen consequences. Boxelder has been an incredible nightmare.
• Shoemaker: If you look at the map we own some pretty big chunks of ground. We
have a lot of roads that are two lane that will be four lanes in the future. Does that
mean no road widening?
• Fischer: Are there currently easements? For some there are, but for many there
aren't.
• Waskom: Can we make it a policy that won't allow that, or won't allow it if there's a
feasible alternative?
• Rodriguez: In terms of debating condemnation and the public good, these areas are
preserved by a vote of the people. Yet, the districts have public health and well-being
in mind. What trumps what in the case of public good? In every case you have to
prove that this won't have a long term negative consequence. The public wants these
natural areas. We're all in agreement that forcing them to look seriously at
alternatives, and do feasibility level engineering of alternatives is appropriate. Our
experience so far is that they always start with only their proposed alternative.
• Fischer: One of the issues is how much of a disturbance will there be. What does it
do to our property? Who would have foreseen that a 4" main such as that at
Boxelder would cause as many problem as it has?
• Sears: That gave us a very real "worst case" scenario. It's hard to image it getting
much worse than that.
• Sears: With almost every street there is a utility corridor, that can get fairly wide.
With gas, water, electric, telephone, etc., that easement can be fifty to one hundred
feet wide. The question is, do we want to allow it along a natural area versus
diagonally across?
• Fischer: We have options, do we want them on our property or in the road right of
way? If we're saying no road widening can occur it won't fly. We want to be
thoughtful about it so that we aren't viewed as being unrealistic.
• Miller: Taft Hill is eventually going to go to four lanes. There will be a sizeable
embankment. The right of way will have to be wider. I think it's pretty reasonable to
calculate what the future right of way will be. We ought to try to hold future utility
easements inside the right of way.
• Fischer: We can't foresee everything. We need to make a policy that will be strict,
and do the best we can.
Natural Resources Advisory Board •
October 4, 2000
Page 7
• Shoemaker: One thing the folks who are watching us will want us to be mindful of is
not making the easement policy drive other, broader City policies. If a decision is to
be made about a new road, that decision needs to be faced and discussed.
• Rodriguez: No one thinks we'll drive those types of decisions with this policy. But,
having this policy in place will be one more thing to consider.
• Fischer: I reject outright the assumption that Council could or would say, here's a
new amendment to the Master Street Plan. The easement policy should drive the
decision. We don't want people crossing natural areas with new roads. Natural areas
are intended to create large tracts of unfragmented land. I'm not saying that natural
area considerations aren't critical. I have fought and won that battle. But I am
saying that's not based on an easement policy, it's based upon the structure plan.
I'm saying it won't fly for us to subvert the Master Street Plan.
• Sears: Policy is always one resolution away from being changed. We can do more
by creating appreciation and stewardship. If the love of the natural areas is that
strong, it's a much stronger approach than a policy we could make now.
• Fischer: We need both. We need a policy to deal with the reality of today, but we
have to use a lot of foresight in how we do this. We want a policy that will last in the
future.
• Waskom: What would be the impact of removing points one and six from Randy's
document? The general policy would be easements are not granted unless there is no
cost effective alternative, rather than list certain ones we won't allow at all.
• Fischer: I believe there are certain things that should not go through. A new road
wipes out the value of land we bought. Maybe, it won't destroy it 100%. I don't
think you can put a cost on fragmenting of a natural area.
• Rodriguez: I agree in spirit with the thoughts Randy has laid out. Might be able to
compromise on a couple of issues, but I would try to stay consistent with the spirit of
his ideas in terms of policy. It's well done and captures what I was thinking about.
• Miller: The policy will have to be accepted or denied by Council. It's not worth
going through the effort if it won't be approved.
• Sears: Should we address all of this at this time?
• Waksom: Maybe there should be a general statement. The policy for easements in
natural areas is they are denied, unless there is no feasible altenative.
• Donovan: That's too simple, it won't fly.
• Shoemaker: The question is, what's a feasible alternative? I need help on what you
mean by cost-effective and cost -ratio benefit greater than one.
• Fischer: It would be the benefit of the development that's being served. What you
would want to do is have the applicant show that his development would lose money
if he had to go a different route.
• Miller: The citizens did not tax themselves for development to have a higher profit
margin. The citizens didn't approve it to make it impossible to develop in Fort
Collins.
• Fischer: The City of Fort Collins is in the business of enabling development, that's
probably 90% of what they do. Enable development and serve those who live there.
Natural Resources Advis Board
October 4, 2000 —
Page 8
• Fischer: I don't see how that will change. The natural areas program was not made to
enable development, and it shouldn't be looked on as a cheap, easy way to make
more money on their development.
• Rodriguez: A policy like this makes it clear to the public there are tradeoffs. Even
controlled growth has external costs.
• Donovan: Should we try to itemize the types of easements if there is staff time to go
through the calculations?
• Sears: I think it would be more effective to tackle it all at once.
• Knowlton: I agree it's better to be as comprehensive in the beginning as possible.
• Waskom: We have some utility easements that are very serious and have to be dealt
with.
• Shoemaker: We'll get it done as quickly as we can. What I'm hearing is get it done,
be strong but reasonable. We'll take a crack at it, and bring it back. It would be
useful if Randy and others who are interested would act as an ad -hoc committee.
Rodriguez, Waskom, Donovan and Fischer are interested in being a part of the
committee.
Committee Assignments
Natural Areas: Don Rodriguez *
Linda Knowlton
Randy Fischer
Kelly Ohlson
Trails: Don Rodriguez
Linda Knowlton
Randy Fischer
Kelly Ohlson *
Education: Kelly Ohlson
Phil Murphy
Budget: Reagan Waskom
Nate Donovan
(Phil Murphy ?)
Growth Mgmt: Reagan Waskom
Linda Knowlton
Kelly Ohlson
Solid Waste: Randy Fischer Futures:
Phil Murphy
Kelly Ohlson
* Committee Chairperson
Standing Meetings
Natural Areas: 2"d Thursday of each month at noon
Solid Waste: Is` Monday of each month at noon.
• Knowlton: What's the Education Committee?
Nate Donovan
Reagan Waskom
Phil Murphy
• Rodriguez: It has weighed in on interpretative signage, but we haven't been kept in
the loop. It hasn't been too effective as a committee.
• Shoemaker: The Futures Committee has identified jobs for the Education Committee.
Natural Resources Advisory Board •
October 4, 2000
Page 9
• Knowlton: A two or three line description of these committees would be useful to
new members and staff.
• Fischer: What will it take to get a stronger Education Committee? Someone will
have to get interested and take the ball. It can become a priority if someone wants it
to.
Shoemaker: The way the department is organized we have education folks in each of
the programs. They talk to each other and work with each other as part of a team, but
we don't have an educational group.
Review of Minutes:
September 6, 2000
Page 6, 6`h bullet; Change to, "If Amendment 24 does not pass, the legislature will say
that by not doing anything about growth they've been right all along.
Page 3, 1s` paragraph, 3rd sentence, change to; "if it's not a constitutional amendment"
Page 4, 7rh bullet; change "no" to "not"
Reagan Waskom made a motion to approve the minutes as amended. The motion was
seconded by Bill Miller and unanimously approved.
September 20, 2000
Page 4, 4d' line down, Change to; "rate of growth used was 2.2%"
Nate Donovan made a motion to approve the minutes as amended. The motion was
seconded by Linda Knowlton and unanimously approved.
Committee Reports
Futures Committee: This committee met September 20, 2000 and today (October 4)
before the regular NRAB meeting. Two changes are being proposed. The action log will
be narrower so it reflects those things that require specific action. A new list will be
called Future Agenda Setting and will reflect topics the Board would like to discuss at
some point and time.
Announcements
• Miller: Monday night on Channel 9 the results of a poll on Amendment 24 showed
45% of the people polled in favor of the amendment, and that even if the undecided
vote goes to the opposition there will still be 62% to 38% in favor of the amendment.
Fischer added the developers campaign is just starting. They're dropping a thousand
dollars a day on full page ads in the Coloradoan. Miller said an article in the Denver
Post said one of the people who helped form the coalition for responsible growth in
1994 has been asked to reactivate that organization. They have received $2.4 million
for ad campaigns on behalf of the opposition.
• Shoemaker: Council action on the resolution failed. The City of Fort Collins position
is neutral.
• Fischer: Council adopted the Mason Street Corridor plan.
• Fischer: Council is opposed to Amendment 21.
• Rodriguez: Working with a group in Denver to look at the public perception of open
lands in Larimer County. It's interesting to look at how people view these areas with
Natural Resources Advis Board
October 4, 2000
Page 10
respect to access, conservation easements, etc. The idea is to look at a list of public
priorities that the County put together.
Fischer: There will be an environmental brown bag on Friday, October 6 from 7:30
a.m. to 9:00 a.m. Scott Mason will be attending.
Council Six Month Planning Calendar
October 17: Appropriation Ordinance
October 24: Regional I-25 corridor Plan
November 21: Fall Land Use Code Revisions (Shoemaker will check to see if there's
anything of substance.)
Review Action Log
Shoemaker and Fischer will meet to discuss future agenda items.
Action Items
— Check on the subject and nature of the East Prospect Zoning
— Land Use Code revisions
— Craft recommendation to Council on water policy (?)
Review Future Agenda Items
October 18:
November 1: Canal Importation, Susan Hayes (or the December meeting)
There will be a Work Session on October 18, 2000.
Adjournment
The meeting adjourned at 9:30 p.m.