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HomeMy WebLinkAboutNatural Resources Advisory Board - Minutes - 06/06/1990MINUTES CITY OF FORT COLLINS NATURAL RESOURCES ADVISORY BOARD REGULAR MEETING CITY HALL WEST - CIC ROOM JUNE 6, 1990 - 7:00 PM Board Members Present Joyce Berry Charles Davis Dave Dubois Tim Johnson Deni LaRue Staff Members Present Tom Shoemaker Brian Woodruff Bob Wilkinson Ward Luthi Bill Miller Will Smith Harold Swope Edith Felchle Shirley Bruns Minutes Minutes of the May 2, 1990 Natural Resources Advisory Board meeting were unanimously approved as submitted. Staff Reports Wetlands/Wildlife Habitat/Natural Areas. Staff presented an overview of ongoing and planned programs to protect wetlands and wildlife habitats and other natural areas within the city. A detailed work plan on proposed programs will be presented to the Board in July. Wilkinson described the existing wetlands and wildlife habitat maps which are used to identify sensitive natural areas during the development review process. A handout summarized the criteria used to develop the rating system used on the maps. Wilkinson stated that the maps are generally accepted as valid input to the development review process; however their use is sometimes questioned. For example, some people believe that adverse impacts can be mitigated in all areas. He also noted that the maps do not ensure that potential impacts are always reviewed, because they only apply to the development review process. There was discussion of the relationship between the maps and the Army corps of Engineers' wetlands regulations. Wilkinson noted that the Corps is contacted as appropriate if wetlands are potentially affected by development proposal. Shoemaker described two new programs that the Natural Resources Division is beginning. Part of the money obtained by the Planning Department from the Ford Foundation will be used to develop a Design and Mitigation Manual to guide land uses on and near moderately sensitive lands. A contractor will describe the areas, determine the potential effects of development, and develop appropriate design and mitigation standards. Staff anticipates this project will lead to changes in the Land Development Guidance System and will provide a solid basis for advance planning by the development community to encourage development proposals that are sensitive to the wildlife and wetlands values of sensitive areas. The second project, the Natural Areas Policy Plan, will look at areas that may need complete protection. Staff will look at a variety of funding and implementation options, including fee -simple acquisition, non -fee acquisition, working with owners for voluntary protection, and possibilities for city-wide cooperation among departments. Johnson stated that it would be beneficial if school districts would work with the City in these areas. Swope stated that the City could offer incentives for businesses purchasing open space areas. Shoemaker commented that these and other options will be considered as well as regulatory approaches. Smith inquired about the need for educating the public regarding the value of their land and bringing about ownership by Homeowners organizations, and other groups. Shoemaker stated that the first step will be policy development but public education would be a key element of the program. Smith suggested a possible article on this in the department newsletter. Development Services Policy Agenda. Shoemaker provided the Board with a summary of the work program of Council Policy Agenda items for the Development Services Department. The summary is intended to help the Board tract projects of interest. Shoemaker asked the Board to let him know if there are other suggestions as to how to keep the Board best informed of these projects and their progress. Smith noted that some plans (e.g., the Harmony Corridor Plan) are being finalized before the Environmental Management Plan rather than integrated with the EMP and asked if that has been considered. Shoemaker commented that timeframes are mandated by City Council. There is not perfect integration among the plans, but staff are working hard to integrate the various programs. one way of achieving this integration is ongoing regular meetings among department heads. Another way is through coordination among Boards. Mike Davis, Director of Development Services, is initiating meetings among the chairs of the boards under his jurisdiction. These meetings should begin to occur during July. Old Business Mail Creek. Johnson, Shoemaker, and Councilmember Horak attended the tour of Mail Creek sponsored by the Fairway Estates Homeowners Association. Johnson noted there were several obvious areas of environmental degradation. He reflected that when developers face restrictions, this is viewed as taking their property. However, he suggested that development should also be viewed as a taking of private property. Johnson reiterated a previous suggestion by a former Board member, Ari Michelsen, that perhaps an environmental impact fee should be assessed on developers to cover costs for mitigating or compensating for impacted property. Shoemaker reported that the Stormwater Utility is taking action and the Stormwater Board could always be invited to view Mail Creek. The spillway at the downstream end of the lower pond will be replaced this summer. Contracts were bid this week for bank stabilization work and design and construction of a trash rack between the two ditches before they flow into the upper pond. Shoemaker also noted that the Mail Creek drainage is a top priority in current plans to assess stormwater quality in the city. Johnson requested an update on progress at Mail Creek at the July meeting. Harmony Gateway. Two draft letters to the Planning and Zoning Department were distributed for Board review. These were drafted by Natural Resources Staff and by Ward Luthi to reflect discussions at the May meeting. The letters were referred to the Land Use Committee for review and finalization. Shoemaker noted that there will be an open house on the Harmony Corridor plan on June 12th from noon to 8 pm at the Evangelical Covenant Church at 4825 S. Lemay. The Planning and Zoning Board will formally consider adopting the Plan at its June 25th meeting. Discussion focused on the public involvement process for the Plan. Smith suggested that a community meeting be held. Luthi moved to ask the Planning and Zoning Board to extend the public comment period and to hold a community forum in which Planning staff could interact with the public. Swope seconded the motion. Discussion noted that there have been open houses and that the Planning and Zoning Board will hear public comment as it considers adopting the Plan. The motion was unanimously approved. Not enough options were presented and the NRAB should be allowed to review Planning's three options and develop a rationale for them. Swope suggested that the Board visit the Gateway area. It was agreed that the Board would meet at 6:00 pm on Tuesday, June 12th at the parking lot on the west side of Interstate 25 and Harmony. Road. Shoemaker will ask a representative from the Planning Department to also join the Board. CFC update. Woodruff reported that staff is developing an ordinance to regulate Chlorofluorocarbon use in Fort Collins. The ordinance is scheduled for presentation to City Council on July 17th. The draft will be mailed to Board members and can be discussed at the July llth meeting. There was discussion of statewide CFC programs. The Colorado State Department of Health will write regulations to require recycling of CFC's in large refrigeration systems. They drafted a bill for a statewide CFC permit system which failed to pass this session. It is expected to be reintroduced next session. EMP update. Wilkinson reported on the May 29 worksession with City Council. Council seemed pleased with the progress of the program. Comments focused on internal infrastructure barriers and on the methods of prioritizing issues. Wilkinson also reported on the open house at the Foothills Fashion Mall on May 5 and 6. The open house was not well attended and reached only 50 to 60 people. Committee Reports Recycling. Smith provided a list of discussion points being considered by the committee. In his view, the most important issue focuses on incentives for participation. Other points include materials to be collected, collection schedules, and fees. He noted that some feel that a one dollar per month fee for recycling is an upper limit to participation. Shoemaker noted that the Board should be prepared to make formal recommendations to Council at its July llth meeting. He also commented that it is not legal for the City to control fee structures due to state law. Shoemaker summarized the major issues the Natural Resources staff is looking at as it works to complete the design of the curbside program, in addition to those mentioned by Smith. Major issues are summarized below: 1. Feasibility of a Materials Recovery Facility (MRF) at the landfill. The County has extended the deadline for MRF proposals to June 25th. This may lead to a schedule delay in presenting a recommendation to Council. 2. Intermediate Processing Center (IPC) at the landfill. Trash haulers expressed a need for a processing facility at the landfill. Staff is working with the County to develop a plan for an IPC at the landfill. If such a facility can be developed, it would allow collection of a larger number of materials and could allow for financial incentives to those haulers with greatest recovery rates. 3. Collection schedule. Staff is considering requiring a minimum monthly pick-up service. Competition would likely push this up to more than once a month. 4. Implementation schedule. Because some haulers may need to order new trucks, a 6-month implementation period is being considered. This sets a target implementation date of January 1991. 5. Program effectiveness. Staff is looking at ways of monitoring program effectiveness. Because participation is voluntary, staff is concerned about the proposal by the Recycling Committee to put the responsibility for program effectiveness directly on the trash haulers. Discussion addressed many points of the prospective program. The Recycling Committee will meet to draft a recommendation before the July llth Board meeting. New Business Staff/Board Interactions. Shoemaker noted that he will be the staff liaison to the Board. Any requests for staff work should go through him. Requests for services from other department's should also go through Shoemaker so that Board members will not be charged for materials. Also, he requested that Natural Resources staff be kept informed of committee meetings because staff are expected to attend these meetings. Shoemaker said he will try to have the minutes from Board meetings sent out within one week of the meeting. An action item list will also accompany the minutes. Open Meetings. Edith Felchle reported that the City Attorney is considering revising the City Code to establish uniform rules pertaining to executive sessions for boards and commissions identical to those which now exist for Council. The City Attorney requested comments from boards and commissions. Executive sessions would be allowed for discussion of personnel matters, meetings with attorneys representing the City in connection with an adversarial situation, and consideration of acquisition of water or real property. An important issue for NRAB is whether the board's current subcommittee meetings would be allowed under the new Code since they are not announced to the public. It was moved, seconded, and passed unanimously to advise the City Attorney that the board would like to see the new Code specifically allow subcommittee meetings with the understanding that the subcommittee meetings are not closed to the public, but simply are not announced to the public. The letter to the City Attorney also will request that boards and commissions be required to have a 2/3 vote, instead of a simple majority, in order to go into executive session. Wastewater Treatment Expansion Report. Johnson noted a report from the Water Utility on future expansion plans. Wendy Williams from the Water Department was present and gave a brief synopsis of the report. The Water Committee will review the report. Mitigation Fund Review Process. Shoemaker noted that the Mail Creek tour prompted questions concerning criteria and process for selecting projects for funding from the mitigation fund. He reviewed two memos in which he requested that the Board develop a process for deciding how to spend the funds. LaRue asked if this process could lead to the enactment of an environmental fee to be used to mitigate impacts of development. After further discussion, the issue was referred to the Land Use committee to develop a Board r recommendation. The committee will try to develop a process for consideration by the Board in July or August. Announcements The Education Committee thanked Will Smith, Dave Dubois, and Bill Miller for participating in the Natural Resources booth at Foothills Fashion Mall during Public Works Week. June 16 and 17 there will be a Transportation Plan public comment session at the Foothills Fashion Mall. The next Board meeting will be on July llth. Members should be thinking about a Board picnic for sometime after the new members join the group. A decision should be made in July. Smith suggested a time schedule for the orchid awards. Shoemaker handed out a schedule of Gus Swanson Nature Area work days. Susie Gordon, who worked as an intern, will be working as a temporary resource associate until the end of the year on the EMP. The Colorado Environmental Coalition has put out a directory of environmental organizations. Adiournment Meeting adjourned at 10:00 pm. t • 9 NRAB ACTION ITEMS 1. Staff will present a work plan in July on the Natural Areas Policy Plans. 2. Staff will provide an update on the Mail Creek area at the July meeting. 3. Land Use committee will revise letters to the Planning and Zoning Board regarding the Harmony Gateway, and will send. Motion was made to request an extension on the public comment period for Harmony Gateway. 4. Special meeting at the Harmony Gateway is scheduled for June 12th at 6:00 pm. 5. Recycling Committee is to develop a draft recommendation for Board consideration for the July meeting. 6. Staff is to prepare for Chairman's signature a letter with the Board's recommendation on executive sessions. 7. Land Use Committee is to consider a process for the Mitigation Funds prior to the July meeting. 8. Staff is to consider a possible newsletter article aimed at educating the public regarding land values.