HomeMy WebLinkAboutNatural Resources Advisory Board - Minutes - 07/07/1993MINUTES •
CITY OF FORT COLLINS
NATURAL RESOURCES ADVISORY BOARD
REGULAR MEETING
281 CONFERENCE ROOM - 281 N. COLLEGE
JULY 7, 1993
For Reference: Will Smith, NRAB Chair - 221-0425
Chris Kneeland, Council liaison - 221-2950
Tom Shoemaker, Staff liaison - 221-6263
Boardmembers Present
Will Smith, Lisa Howard, Katy Mason, Hal Swope, Phil Friedman, Craig McGee,
Terri Knudsen, Bill Miller, Tim Johnson
Staff Present
Tom Shoemaker, Julie Bothwell, Tim Buchanan, City Forester, Mike Smith,
Water and Wastewater Utility Director
Guest Present
Glenn Haas, Chairman, CSU Department of Recreation Resources, Colorado
State University
introductions
There were brief introductions of guests and new boardmembers, Lisa
Howard and Katy Mason.
Approval of Minutes
It was moved, seconded, and unanimously approved that the Minutes of
the June 2, 1993 NRAB meeting be accepted as written with the following
amendment: Page S. under Recycling Program Review regarding recycling by
restaurants, Smith would like the minutes to include his suggestion that
when restaurants are reviewed in the newspaper they receive an
environmental review for recycling and if they pass they would receive a
"Green Seal" of approval.
CSU Environmental Learning Center (ELC)
Glenn Haas, Chairman, CSU Department of Recreation Resources, was
present to provide the Board information on the construction of the ELC
complex and to extend an invitation to the City to be partners. Haas
distributed a handout on the background of the ELC and the current
situation.
Haas stated that they are going to build an environmental education
building that hopefully will service the community and CSU. He said that
the COORS gift of $500,000 allows a dream to become a reality.
Haas said that the questions that remain are where to build the
building and what organizations would like to have some presence and/or
involvement. Haas stated that he has been a real activist in the
City/University Cache La Poudre Landscape Opportunity Study (LOS) and feels
that the area from Prospect and Mulberry down to Harmony, from Timberline
out to I-25 is going to be the area. The question then becomes where to
locate a building? Haas said that there are many potential stakeholders in
this decision.
Haas said that depending on the siting decision there could be a land
trade that would require the State Board of Agriculture's approval and
Council's approval. He said if that type of decision were made, a formal
recommendation from various Boards would be requested.
Haas said that the LOS should be coming to a conclusion within the
next two months. The final vision plan, (the map) is being drafted. He
said that co -locating the ELC building with the Colorado Tourism Board, the
Welcome Center located along I-25 and Prospect is appealing.
Haas explained that they would really like to embrace the concept of
being a World Class Environmental Education Complex. He said that he is
supportive of that to the extent that the community can collectively use
the COORS money as a springboard for building some partnerships to release
some other monies from other sources outside of the City'e.g., GO COLORADO.
What is evolving is the concept of a complex that might house various
natural resource entities.
Haas said that they are interested in two parcels (1) the south end of
the Resource Recovery Farm, and (2) a site north of the Sludge Farm. Haas
reviewed some criteria and said if the Board had other criteria/sites, let
him know. He stated that the site north of the Sludge Farm looks better.
Haas stated that by August 10, he hopes to get approval from President
Yates to begin serious negations for a site. Haas stated that the concept
of a world class environmental complex with CSU being "A player" is great.
Smith suggested that the Board present a letter to Council with
comments of how the Board views the project and their concepts of the two
parcels or any other sites. He suggested that copies of the letter be sent
to other Boards and Commissions too.
Miller stated that he represented the Board on the LOS and the
consensus from all of the representatives of the subcommittee was that the
center would not just be a CSU "adventure", but a community effort. He
feels that it would be a loss not to accept the challenge and make it
reality.
Shoemaker said that Council would be interested in hearing the Board's
views as to generally what level of participation the Board thinks
appropriate once the center is built.
Smith stated that the Board should make a strong recommendation to
Council that the City be involved. He feels that if specific
recommendations are developed, the information could be taken from LOS or
Haas to GO COLORADO and State and Federal agencies and to give a little
more power to cooperative efforts.
Miller suggested adding the Environmental Clearinghouse to the list.
Smith suggested also adding the Environmental Subcommittee of the
Chamber of Commerce.
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Miller will draft a letter and present it to the Board for review at
its August 4 meeting.
Proposed Revisions to the Tree Ordinance
Tim Buchanan, City Forester was present to outline proposed changes to
the Tree Ordinance. Buchanan stated that the ordinance will be presented
to Council in late summer or early fall after presenting it to various
Boards and incorporating the changes. He was looking for any comments,
changes or recommendations from the Board.
Buchanan stated that the City has had a tree ordinance since the mid-
1950's. Some major revisions were made in 1971 primarily, to deal with the
Dutch Elm disease problem. In 1980 care of trees along streets was given
to the Forestry Department, along with some other minor changes through the
years.
Buchanan said there is a section that prohibits the planting of
certain kinds of trees and there is a permit requirement for anyone that
wants to plant trees or shrubs, or prune or remove trees or shrubs on any
City property. There is a licensing requirement so that businesses that
practice tree work must have an arborist's license.
Buchanan said the ordinance gives power to the Forestry Department to
send notices to require removal of hazardous trees or diseased trees where
there is potential for an epidemic type disease e.g., Dutch Elm and Gypsy
Moth.
Buchanan stated that the Parks and Recreation Board suggested
expanding the list of species that are prohibited to include Salt Cedar and
Russian Olive trees. Also, a new addition would allow exceptions to allow
the planting of some of the prohibited species in open space and natural
areas. This was specifically added so that boxelder or cotton -bearing
cottonwoods could be planted, where appropriate in open space and natural
areas.
Miller stated that Section 27-18 does not allow the private landowner
a loophole, but it gives one to the City. He asked what the rationale was
behind planting boxelder or cotton -bearing cottonwoods. Buchanan answered
that both are native species and have a value in the ecosystem in those
areas.
Johnson suggested that this should be specified in the ordinance as to
why these species can be used in open space and natural areas.
Miller said that the exclusion would be made for the propagation of
these species within those areas, that they are already native. He agrees
with the Parks and Recreation Board with regard to the addition of Salt
Cedar and Russian Olive to the list of prohibited trees.
Johnson suggested that the reason the boxelder is objectionable is
because the insect that is associated with it, feeds off the seeds. Miller
suggested putting this information in a cover letter to the ordinance.
Buchanan stated that a paragraph was added that says private tree
services, nurseries, etc., will need to adhere to the standards,
specifications and policies of the City Forestry Division. So, when
Forestry comes up with standards on correct ways of treating, pruning, or
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planting trees, private businesses must adhere to these standards as they
carry out their business practice even though they are working for private
customers.
Buchanan stated that the insurance requirement for tree services and
nurseries has not gone up since 1971. In the proposed ordinance,
requirements would use from $100,000 to $300,000 for the injury or death of
any one person, from $300,000 to $1,000,000 for the injury or death of any
number of persons in any one accident and from $25,000 to $50,000 for
damage to property. A license shall be issued when the applicant has
proof that he has paid a license fee of $25.00 and the license expires at
the end of that year.
Also, a change on page six of the ordinance states that it is now the
responsibility of the private property owner to clear any vegetation and/or
tree and shrub growth that hangs over a sidewalk blocks a street, or causes
danger to persons or property. This clarifies a liability concern.
Swope stated that he supports recommending native species, but feels
it is a little idealistic. He asked if using the state tree is mentioned.
Buchanan said that it would just be open space areas and would not include
the developed parks, parkway areas, or any developed public lands. This
policy does say that native species planted in open space or natural areas
would be species to various geographic zones within the UGA. Based on this
policy, a Blue Spruce could not be planted in an open space area along the
Poudre River by Martinez Park. He stated that the species planted should
be those species that are native to that geographic zone and specific
ecological situation along the river.
Johnson moved and Swope seconded that the Board support the ordinance
with the change recommended by the Parks and Recreation Board.
Miller proposed the following amendment: "A letter of explanation be
attached to the ordinance to justify the decision as to why certain species
could be planted in open space areas, primarily the boxelder and certain
cottonwoods." Johnson and Swope accepted the amendment.
McGee asked if there was an opportunity for a review for a private
homeowner to get a variance. Buchanan answered that they could make the
exception for the planting regardless of whether it is private or public
property.
Friedman asked why would there be any exceptions made. He stated that
if a species has been identified as being undesirable why would there ever
be a reason why someone would want to plant it. Shoemaker answered that he
cannot see any reason for planting Russian Olive or Salt Cedar. The
others - boxelder and cotton -bearing cottonwood are native species in the
riparian ecosystem. The reason they are a nuisance is that they are a pain
when they are in a residential backyard, but if you are in a 100-acre open
space along the Poudre River, you would expect boxelder to be there;
habitat restoration projects might require planting these species.
Friedman suggested making a reference to "native species" previously
identified as being prohibited.
Shoemaker said that with regard to the letter proposed by Miller, when
Council adopts a Code it goes into a Code Book that states "here is what
thou shalt do and what thou shalt not do in the City of Fort Collins." So
there really is not a place in the Code Book for the letter, but the
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Agenda Item Summary which accompanies a recommende3 ordinance contains a
certain amount of rationale for the proposal, e.g.,;"WHEREAS we need to
prohibit." Often those kinds of rationale statements are included so
that there is some kind of record as to why it is being done.
It was agreed that the rationale that Miller is requesting be
incorporated into the "WHEREAS" series of statements and the addition that
Friedman is recommending, "native species" would be included under Section
27-18; 3B, in the ordinance.
The motion was unanimously passed.
Proposed City Drinking Water Policy
Mike Smith, (M. Smith) Water and Wastewater Utility Director was
present to receive input from the Board regarding the draft Drinking Water
Quality Policy developed by the Water Board. The draft was included in the
Board's packet.
M. Smith stated that the Planning and Zoning Board (P&Z Board)
suggested that on page two under "Cooperating with Other Water Providers
and User". They would like it to read "The City will pursue cooperative
efforts with other water providers and users that are consistent with these
water quality policies, enhance water quality in the basin and produce
desirable long term benefits for the community." M. Smith stated that the
P&Z Board thought that enhancing water quality in the basin should be an
overall goal for everyone.
Will Smith (W. Smith) stated that when he hears drinking water quality
policy he thinks of the water that comes into the system and how that is
handled, not the water that exits the system; the treatment half of that.
He stated that when the policy talks about water in the basin you are
dealing with effluents and he was confused. M. Smith stated that there is
a section in the policy that talks about coordinating drinking water and
wastewater treatment. You do not do things to the drinking water that are
going to mess things up at the wastewater plant, or downstream, and that is
where the question of water quality in the basin comes in.
M. Smith stated that a few years ago they changed, how they treated the
water, making it harder and less corrosive which means it leaches out less
copper and lead which affects the wastewater sludge. The sludge is more
useable now since it has less copper in it. They also added calcium and
sodium bicarbonate. M. Smith stated that they are going to stop using the
sodium bicarbonate because it is expensive and replace it with CO2.
W. Smith asked what "Protecting, Developing, and Preserving Water
Resources:" meant. M. Smith answered that the committee wanted to take a
strong stand about protecting our water supply especially around the west
side of town: Horsetooth Reservoir, upstream, and the Poudre.
W. Smith asked if "Protecting, Developing, and Preserving Water" could
be used to prevent the construction of dams on the Poudre River. M. Smith
answered, "potentially." Staff and the committee really wanted to be a
little more proactive to protect drinking water sources. He stated that at
Joe Wright Reservoir, they had trouble with people wanting to put motor
boats in there.
Miller asked what the impact of boating on Horsetooth is at the
present. M. Smith answered that their analytical capabilities are getting
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such that they can start detecting some of the fuel and oil that is in
there. It is not a danger to the drinking water, but when they start
detecting it, then they start worrying about it.
McGee stated that he did not see anything in the policy that talks
about water conservation and wondered if it was outside the scope of the
policy or is there any discussion of that. M. Smith answered that there
was and they felt that the Water Demand Management Policy that was
previously adopted adequately serves that purpose.
W. Smith stated that regarding "Pro -active Monitoring and Testing",
there has always been a concern that adequate measurements be taken in the
various portions of the water system, especially with outflows rather than
inflows. He asked if this necessarily means that there might be an
increase in measuring and monitoring. M. Smith answered that the City does
much more monitoring than is required, and they were concerned about people
saying they were monitoring too much. The committee said that they were
not doing too much and was very supportive and proactive in monitoring.
Mason asked if testing was done for heavy metals. M. Smith stated
that they test for a lot of heavy metals and various organics, more and
more are coming up every year.
Knudsen stated that regarding, "Protecting, Developing, and Preserving
Water Resources", there is no mention of non -point sources of pollutants
and wondered within the Poudre River Basin were there any kind of plans
being made to meet Section 309 and 319 of the Clean Water Act. M. Smith
stated that on the wastewater side that is a big issue. He stated that it
is a tough one because the primary source is agriculture.
Shoemaker stated that back when this was started one of the questions
was if the utility had the policy backup to be treating to a higher
standard than the Federal Government required and asked if that was covered
under advancing treatment technology etc. M. Smith answered "yes" and that
the committee was supportive of it because you can treat to State and
Federal water standards and still make people sick.
Friedman moved and Miller seconded that the Board support the Drinking
Water Quality Policy as presented by Mike Smith with the one additional
change made by the P&Z Board.
The motion was unanimously passed.
Shoemaker stated that Council's new Policy Agenda has some things that
overlap with the old Policy Agenda and staff proposed to consolidate them
into one review that has several parts. The old agenda says to review the
recycling program and the new agenda says (1) improve education efforts to
increase participation, and (2) consider alternatives to reduce trash
trucks on streets.
Shoemaker told boardmembers that he would like their feedback. He
said that in August, staff anticipates presenting the Goals and Objectives
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alternatives on trash trucks, and ordinance revisions. In September he
will be presenting recommendations on all five products. In October staff
is going to a Council worksession. Depending on how the worksessions turns
out staff will then be moving ahead with ordinance revisions.
Smith asked if the changes to the recycling program being considered
were structural or educational. Shoemaker answered that it is some of
both, a fair amount of people are not participating in recycling because
they do not understand how it works and that can be addressed through
education.
Swope suggested that when the City has control of the trash hauling it
will have control of the recycling. He said he would endorse looking into
that type of a program. He likes how the City of Loveland does their
program: one truck and pay as you throw, prepaid bags for trash, no charge
for recyclables.
Shoemaker said that staff was charged with doing the initial
evaluation before the IPC was built and before the pay as you throw
ordinance went into operation. He stated that by the August meeting, staff
should have participation reports from the haulers on the first six months
of 1993.
Shoemaker stated that a vast majority of people say they recycle, but
the vast majority are also using the free drop-off facilities. So when you
get to participation in the curbside program there are two estimates (1)
22%, arrived at by taking the actual number of customers as the haulers
report and then dividing by the estimated number of single-family
households in the city. This underestimates the number because some
portion of the households do not use trash services. (2) 30%, derived by
asking citizens, "Do you use curbside?"
Mason stated that in the report it states that we cannot have
mandatory recycling according to ordinance. Smith stated that in 1989
Council did not want to make it mandatory. He said that the original
proposal from the Board was to try and find methods of getting a single
hauler to bid the city services and divide the city up, but dividing the
city up was deemed illegal by the City Attorney..
Mason stated that she was referring to "everybody" paying for
recycling. You would have a lot higher participation rate. A lot of the
people in the survey says they should not pay to recycle, because it does
not make sense when you can take recyclables to drop off sites free.
Shoemaker stated for clarity that Mason might have read,"Is it
possible for the City to require the hauler to only charge one rate for
both trash and recyclables?" That would be regulating the rates of the
trash hauler which is contrary to state law.
Shoemaker stated that he intends to look at the range of alternatives
and see what the pros and cons are. He asked the Board to think broadly
and help staff look at pros and cons, but not necessarily be limited by
what is in effect today.
Shoemaker explained that in terms of changing the substance of the
outreach program, staff is really identifying two different types of
customers: (1) The trash hauler. Be more "one on one" with them to try and
get their programs out where they are struggling, or to stay out of the way
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if they are doing okay and don't want any involvement -from staff. (2)
Citizens. Shoemaker stated that he could see staff taking a more active
role as consumer advocates. He would want Council policy backing on it,
but it would be possible to reach out to citizens and say, "if you find
recycling confusing and inconvenient etc., here is how to make it less
confusing and less inconvenient, and here's how to get costs down, etc.
Shoemaker feels that this can be done as long as Council agrees that it is
an appropriate City role.
Shoemaker stated that the Staff recommendation was that the City
should bid recycling citywide and hire one contractor to ensure
consistency.
Mason asked what the City has done to push commercial companies to
recycle and the haulers to pick up commercial recyclables. Shoemaker
stated that the ordinance requires haulers to provide recycling service on
a subscription basis to commercial customers. Staff works with commercial
facilities that want to set up a recycling program.
Smith suggested a one stop shopping call. "Here is what your six
haulers will offer you, here is what the fee structure is and here is what
they will take."
Mason suggested reducing the rate if everyone paid and hopefully the
participation rate would go up greatly.
Swope asked if it would be feasible to have neighborhood recycling
receptacles. He suggested large bins for each item that could be recycled
be placed somewhere within the neighborhood and could be picked up by one
trash hauler. Shoemaker answered that it would be great to have more drop-
off sites, and staff proposes to try and get consistency among drop- off
sites so that they all are part of a "City program" and everyone is
collecting the same thing.
Johnson asked if it was time to look at a different direction and look
at hazardous materials and try and find ways to recycle them, i.e., used
motor oil, car batteries.
Smith asked about construction and yard waste being recycled.
Shoemaker answered that there is a pilot program underway at the landfill
to use materials from Loveland to test composting. If it is successful, he
expects it would be available to Fort Collins residents soon afterwards.
Shoemaker stated that later in July staff, along with Larimer County
Extension Service, will be opening a backyard compost demonstration site at
Martinez Farm.
Mason asked, in Shoemaker's opinion, if we have committed ourselves so
much to the residential recycling program that it is too late to do a turn
around and do what Loveland is doing. Shoemaker answered that option is
not completely closed, it will be one of the alternatives that he looks at
with the trash truck question. He said it depends on the goals and
objectives; what the City is really trying to achieve. He has mixed
feelings because although the program has not achieved the results that he
would have liked to have seen haulers have made significant investments in
recycling.
Miller suggested dividing the city into areas and have the haulers bid
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on doing the service • a particular area. That each would have the
' same number of customers, but they would be in one area instead of going
from one side of town to the other.
Shoemaker thanked Boardmembers for their comments and asked them to
give additional comments or suggestions to him.
Committee Reports
Smith stated that at the August 4 meeting boardmembers will need to
choose which committees they would like to serve on for next year.
Announaemsnts
Shoemaker announced that he has copies of a letter from Karen Manci
seeking information on natural areas to areas south of Fort Collins and the
Fossil Creek Reservoir, as well as the northwest corridor along the Poudre.
He stated that she is seeking input on what people know about those areas.
Shoemaker announced that staff is starting the process of developing
the management program for the Cathy Fromme Prairie and looking for input.
He said that the Board will have formal opportunities to comment.
Shoemaker announced that the natural areas acquisition programs are
moving very well. Staff has it active projects at the present time. He
said that it is probable that the City will add 200-300 more acres this
year into the system. Some of the key acquisitions are coming along and
staff will be presenting 3-5 acquisitions to the Board at the August 4
meeting.
Johnson announced that Mayor Azari stopped by his house and that she
is supportive of Water Treatment Plant 1 being put back to public use.
Smith read a note from Susan Kirkpatrick thanking the Board for the
letter regarding her help and former Council's help on the NAPP.
It was agreed that July 21, 6:00 p.m. would be set for a worksession
for Greg Byrne to come for a "question and answer" session regarding the
Cost of Growth Study and the LDGS. Staff will schedule a meeting room.
Smith announced Bike Awareness Week was July 18-24 with different
events going on each night.
For the October meeting Swope invited the Board for a steak fry and to
review the mitigation project of the Fairway Estates.
Adjournment
The meeting was adjourned at 9:50 p.m.
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