HomeMy WebLinkAboutNatural Resources Advisory Board - Minutes - 05/04/1994MINUTES
CITY OF FORT COLLINS
NATURAL RESOURCES ADVISORY BOARD
COUNCIL INFORMATION CENTER - CITY HALL WEST
MAY 4v 1994
For Reference: Bill Miller, NRAB Chair - 493-7693
Chris Kneeland, Council Liaison - 221-2950
Tom Shoemaker, Staff Liaison - 221-6263
Natural Resources Advisory Board Members Present:
Bill Miller, Chair, Phil Friedman, Lisa Howard, Katy Mason, Craig
McGee, Phil Murphy, Hal Swope
Board Members Absent (excused): Tim Johnson, Don Tidd
N.R. Staff Present: Tom Shoemaker, Edith Felche, Maida Christner
Parks ana xecreation aoara Members Present:
Marilyn Barnes, K-Lynn Cameron, Sylvia Cramer, Rich Feller, Jessica
MacMillan, Mary Ness, Eric Reno, Roger Tarum, Chair.
Parks and Recreation Staff Present: Jackie Rael, Randy Balok.
Guests Present: Margaret Hentschel, Applicant, NRAB
This was a joint meeting of the Natural Resources Advisory Board and
the Parks and Recreation Board to consider acquisition of the
following natural areas:
a. Swanda Property
b. Deines Property
C. D.O.L.L. Property
d. Mathews Property
Summaries and maps of the four sites, which had been distributed to
both Boards previously, are maintained in the Minutes Book.
The two Boards met at City Hall West at 4:30 p.m. and toured the
Swanda Property and Deines Property, returning at 6:30 p.m. to convene
in the Council Information Center. The meeting was called to order at
7:00 p.m., Bill Miller presiding for the Natural Resources Advisory
Board and Roger Tarum for the Parks and Recreation Board.
Since some of the Board members had not been on the site tour,
Tom Shoemaker proposed making brief presentations on each of the four
sites being considered for acquisition, answering questions, then
asking both Boards for recommendations to present to City Council.
Wall -mounted detail maps of the Fort Collins -Loveland Corridor and the
areas under consideration were used to pinpoint exact locations and
other relevant features.
Natural Resources Advisory Board Meeting
May 4, 1994
Page 2
a. Swanda Property: This is a 440-acre parcel of land situated
outside the urban growth area in southwest Fort Collins near Trilby
and Taft Hill Roads. The property is currently listed on the market
and if it is not purchased by a public agency, it is eligible to be
developed into 35-acre parcels. The owner would like to see public
ownership in one block and has offered the property to the City at a
discount. The proposal is for a cooperative effort between the City
of Fort Collins and Larimer County. The property is also listed as an
acquisition property for the Larimer County Parks master plan.
Larimer County has proposed contributing $100,000 toward the purchase
price at this time. If a sales tax passes in November and they have
additional revenue available, they will contribute additional monies
up to 50 percent of the purchase price. Management planning would be
done jointly by Larimer County and the City of Fort Collins, with
actual maintenance and management of the property to be determined
later.
The consensus of all who viewed the property was that it is a
remarkable piece of land which is relatively pristine. It is
described as grassland going upward into shrubland, which is valuable
as a mule deer habitat winter range, and capped by the hogback which
forms a major view area to the backdrop of the Front Range. While at
first this seemed to be too far out of the City, it is within the
concept of maintaining an open corridor between Loveland and Fort
Collins.
Tom Shoemaker asked the Board for a recommendation as to whether or
not they would encourage the City Council to authorize the purchase of
this property. With an affirmative recommendation, he would take it
to the Council on May 17, closing on the property by July 3, 1994. He
noted that there is some urgency to this in that the seller has a tax-
free exchange set up in Wyoming, so he needs to move fairly quickly.
Tom noted that this property was not included in the original estimate
of approximately 3,000 acres of natural open spaces to be acquired and
was not included in the original cost estimates, so this is beyond
what was originally anticipated and it does mean that very likely
there will have to be judgments made as to trade-offs in the future.
On the other hand, this would meet one of the goals of acquiring
significant, large natural areas and seems to fit that concept. There
is not much else available of this quality in the vicinity for
purchase as a natural area.
A question was raised on the liability for maintenance in conjunction
with the County. Tom responded that the recommendation to City
Council should be under the assumption that the City of Fort Collins
would have the major responsibility for management and maintenance.
When the sales tax decision is made, the joint/share on -going
management with the County could be reconsidered.
0
Natural Resources Advisory Board Meeting
May 4, 1994
Page 3
Bill Miller thought probably a group would be formed to examine
potential management options, such as use of the area as pure open
space with limited visitation, or classroom type environment for the
county, similar to what is being done with the Cathy Fromme Prairie.
Another question concerned what percentage of fees collected in an
entire year this purchase would represent. Tom said that over the 5-
year period, roughly $12 million was budgeted for acquisition and this
year's budget has about $2.2 million. He was confident the cash flow
is available to cover the acquisitions that the Board has been
considering and he does not see this purchase as jeopardizing those.
The consensus was that this site is ideally located, is in excellent
shape and is a disappearing habitat as far as public land is
concerned. Its purchase would protect the ridge line that is of
concern to both Boards and the County. The price is exceptionally
good and it is hard to envision that in the future another piece of
property could be bought for that amount of money per acre in that
locale in the pristine condition of this one. Another strong concern
was that this piece could be developed into 13 - 35-acre lots.
Members of both Boards said City Council should be encouraged to see
the area before it is brought for a decision, since it cannot be truly
appreciated from a diagram or photographs.
MOTION by Marilyn Barnes, seconded by Eric Reno, that the Parks
and Recreation Board suggest to the City Council that they
purchase the (Swanda) property. MOTION CARRIED. K-Lynn Cameron
abstained because of a possible conflict of interest due to her
position with Larimer County Parks.
MOTION by Hal Swope, seconded by Lisa Howard, that the Natural
Resources Advisory Board enthusiastically support the purchase of
this (Swanda) property and recommend that the City Council visit
the area. MOTION CARRIED UNANIMOUSLY.
b. Doiaos Property: Site Name: Burlington Northern Ridge.
This was the second site visited by the Board. It was in the original
inventory of natural areas, and the focus was on the wetland areas and
the ridgeline on the eastern boundary of the property.
This property is a 200-acre parcel bordered on the north by Trilby
Road and on the west by Shields Street. It is within the city limits.
Tom indicated on the map where County Rd. 32 would be extended. There
is a drainage along the Burlington Northern RR which runs through the
middle of the site; a grassland area along the eastern boundary of the
property forms the significant natural area; the remaining part of the
property is in dry -land wheat. One part was once in dryland wheat but
has been put back to pasture.
Neither of the Boards had visited this site previously because it was
considered to be a moderate priority site; however, the opportunity to
purchase the site has been presented by the Deines family. The owners
Natural Resources Advisory Board Meeting
May 4, 1994
Page 4
are interested in selling and getting some kind of agreement. Tom is
looking for the Boards' thoughts and recommendations now; however,
since there is no urgency on the purchase of this piece, he felt the
Boards may want time to think about it. This is not scheduled for
Council consideration and would not be until there are recommendations
and a more firm agreement as to the terms of the sale. The sale price
will probably be in the $3,000 to $4,000 range. Discussion has been
held with the family about bargains or even outright donation and they
have agreed to look at less than market price. The owners would
consider selling on a rolling option basis where the purchase would be
completed over a three-year period.
The significant part of the site is the ridge line and connection with
a corridor to the north that would hook into the Fossil Creek drainage
area. In and of itself, the property is not as significant as some of
the other sites being looked at. The Corridor Study, which is on-
going, obviously includes this area and preliminary indications are
that people do feel that the view up to the east is nice and that it
could be part of an open corridor through there.
The consideration on going ahead with the purchase at this time is to
protect the opportunity to make a future decision about the land west
of the RR tracks and trying to acquiring the area between the tracks
and the ridge. If the site were kept in a natural area system, a
native grassland restoration project would be done so there would be a
prairie system. If the Corridor Study concludes this isn't a critical
piece, it is possible it could be disposed of at that point in time,
which would give the City quite a bit of control over future
development in this area.
Tom was asked to explain what would have to happen to make the
connection to Fossil Creek and the significance of that. He said
that, in general, the concept in the natural areas program is a system
with large areas like the Cathy Fromme Prairie and Fossil Creek
Reservoir, with small corridors of activity between them. Using a map
of the area, Tom discussed pertinent sites around the subject area
which have a couple of significant wetland systems as well as a
drainage coming out of Fossil Creek. His thinking is that it would be
desirable to have the wetlands areas as well as a 200 foot buffer zone
around them and probably a 300' area, at least, to the west of the
railroad tracks, so that you would then have an open space connection
down to the Fossil Creek drainage. With regard to the RR right of
way, there is no access to the area east of the railroad; that would
have to be provided in the future and is one of the difficulties of
this piece.
Areas that would have to be purchased to form a corridor to Cathy
Fromme and Fossil Creek were pointed out on the map and discussed.
Bill Miller said that if the area were purchased he could see taking
the area now in agricultural use and planting it back to native
grasses, and it would not take long for the prairie dogs to occupy the
west side of the tracks. He expressed concern with the loss of the
Natural Resources Advisory Board Meeting
May 4, 1994
Page 5
prairie dog habitat and the resulting reduction in their population
which is the food -source for the raptors that winter in the area. He
noted that the raptor population is on the increase now because of the
protection of the habitat for the bald eagles, but if they lose their
food source, the wintering population will decrease again. He
therefore sees this property as part and parcel of a larger concept.
Since it may not be possible to wrap up one contiguous piece of
property, it may be necessary to get these little pieces here and
there to preserve the type of habitat that the Board is generally
interested in. Bill said the Cathy Fromme Area and the Landfill will
probably extend to the south and this would become another extension
of that area.
Tom said that while this piece is expensive for what it is, it's value
is in its connection with the other areas; it can connect Cathy Fromme
Prairie and Fossil Creek but other than that, there does not appear to
be much value to anyone else and the price may therefore be reduced as
time goes on.
K-Lynn Cameron expressed concern over the financial picture. She said
that obviously trade-offs are being made with these decisions but she
doesn't have a feel for what is potentially being traded off. If the
bigger purchase is made right now, the Board really needs to look at
how much is left, what has been spent year-to-date, and what may be on
the horizon, even if they aren't known right now.
Tom replied that this is something that he is planning to do with both
Boards in the next couple of months; review what has been done so far,
and revisit priorities for next year. Most of what has been done so
far have been things that were clearly established with the Board. A
couple of opportunities have come up that were not anticipated but
they were not comparatively large dollar amounts. This piece is one
of those that is in the large dollar category but is in the more
moderate range. It is in the second tier of priorities.
Discussion continued on the feasibility of buying the eastern portion
or buying the whole thing and selling the western part, thus
maintaining the area for the wildlife and the valuable ridge line.
Either way was considered to be a good negotiation. However, another
opinion was that you would be left with a relatively narrow strip of
about 50 acres in size, with development right and left, and while
there may be an ecosystem value on the ground, there probably would be
no value for raptors. One hundred acres is a good block, but
splitting it in half makes it too small to be valuable for that kind
of habitat; geese and waterfowl will go anywhere but it might not
work as a raptor area. Tom said that the 200 acres restored with
prairie dogs would have a high likelihood of raptor use but if it were
split in half it would be too narrow.
The sense of the Board was that Tom should continue to work with the
owners and if he could get a good deal he should bring it back to the
Board; otherwise, to focus on other areas.
Natural Resources Advisory Board Meeting
May 4, 1994
Page 6
Sylvia Cramer, Mary Ness and Randy Balok left the meeting at this
time.
C. Humane Society Wetlands (partial) - 53 acres, located in
southeast Fort Collins, east of College Avenue, north of Trilby Road
in an area surrounding the Fort Collins Humane Society.
Tom pointed out the area on a wall map in relation to the adjacent
Transfort facility, the Light and Power Substation, Fossil Creek
Park, and Paragon Point. He noted that the map had been put together
to highlight some of the planning challenges and opportunities for
natural area acquisition in that location. The upland areas have
substantial development potential; the City of Ft. Collins Southside
Service and a bus facility have been constructed. There are another
five acres that might be kept for further municipal use but the
remainder is a candidate for acquisition for natural areas. The park
site is owned by the City, anticipated at some future point as a
community park, meaning a Roland Moore type park with active use. It
is 99 acres in size and there would be a substantial natural component
to it as well. Fossil Creek drains to the east, and there is private
open space, and the D.O.L.L. property that is under considered tonight
is in the vicinity. There is a substantial amount of wetland adjacent
to it.
In this area, the Huntington Hills development proposal has been
approved and an initial phase received final approval. Diligent
attempts have been made to try and get them to sell land to the City
that would make a large connection between two areas, D.O.L.L./South
side Service Center and the Fossil Creek drainage, but this was not
successful. What they have offered in the way of mitigation and what
may be possible to achieve is blocking out the areas between the two
creeks, Mail Creek and Fossil Creek, working with the private home
owners associations as well as the park development, thereby obtaining
a substantial area. The City was especially interested in purchasing
a large portion of the development property connecting the Humane
Society area and the southern shore of Portner Reservoir. Skyway
Drive would form the northern border; the wetland extending near there
would be disturbed somewhat but basically is still there. There would
be a collector street running on the northern side over to Lemay.
With the 53 acre D.O.L.L. property and an anticipated proposal to
purchase the remainder of the Southside Service Center, the result
would be about a 85- to 100-acre parcel of wetland and upland complex.
This won't be the 200-250 acres that was hoped for.
Tom said a contract had been entered into on the D.O.L.L. property
about a year ago, after which an environmental audit was done since
there were concerns about previous oil and gas spills from several
sites. No groundwater contamination was found, but there were some
very small levels of oil and grease contamination in the soil at the
property boundary. That is judged not to present a liability concern
to the City since they were not the source of it and would not be
asked to clean it up. It does not seem to be something that would
•
C1
Natural Resources Advisory Board Meeting
May 4, 1994
Page 7
affect the use of the site, but it is an ongoing concern that must be
dealt with, regardless of who owns it, to get the state and county to
do the enforcement action it really needs to have. The contract has
been extended until there are better answers to these concerns,
however that has expired. The owners are now quite interested in
having a decision one way or another on this site.
The purchase price is $150,000 which is a little under $3,000 an acre.
In terms of comparison, Tom said there's been some luck and maybe some
good work in acquiring the Fromme Prairie and some others at good
bargain prices as the market price is now. Development ground on the
low end is priced in the range of $5000-$8,000 up to $16,000 or more,
with wetlands and places with some development limitations going in
the $2,000-$3,000 an acre range. In terms of market, it cannot be
said that the wetlands have no value but if development does occur
around this area, it would be unlikely to substantially impact the
wetlands, per se.
Tom said he is bringing this site to the Boards for discussion because
he thinks there is public value in having this large wetland area in
public ownership. The Humane Society has proposed generically
working together on interpretive kinds of things, such as education,
and they are a hypothetical future partner in management. There still
is some uncertainty about what will transpire in this whole area and
that could be a reason to delay on this a bit longer. This is a
fairly large block in terms of a natural wetland. It also gets a fair
amount of use by bald eagles, hawks and foxes using that area. It is
listed as high on the priority list of natural areas.
Discussion was held on the various sites in the area and Tom suggested
the Board might wish to take another field trip to review the area.
He was asked if there was negotiation on the land between Mail Creek
and Fossil Creek and said there was. It is part of the development
proposal. An attempt was made to purchase this property, but the
owners were most unwilling to sell it and condemnation was not
considered under the natural resources program. The developer was
asked to provide a mitigation plan and they have done so, but it is
not satisfactory and that is still being worked on. what they have
proposed by way of mitigation is the opportunity to have a certain
portion left undeveloped and they have suggested that the City acquire
the area between Mail and Fossil Creeks. That makes a lot of sense,
providing the price is OK, but negotiation on that is not very far
along.
In answer to a question about the contract on the property, Tom said
the contract has been extended a couple of times but had expired. In
answer to why it had not been acted on, he responded that there were
two reasons: one that a better understanding of the contamination was
necessary. If gasoline were flowing into the ground water that
problem would have to be resolved. It is thought to be at an
acceptable level but it was felt desirable to work with those people
to make them better neighbors. The other reason has been to get a
better handle on what is going to happen in this whole area.
Natural Resources Advisory Board Meeting
May 4, 1994
Page 8
There does not seem to be a huge risk the property will be lost.
Tom was asked if his recommendation was to purchase it or continue the
contract. His recommendation was to go ahead and purchase it. He did
not think the owners were willing to negotiate on price. He has been
working on it for quite some time and at less than $3,000, thinks it
is a pretty good price. The Humane Society had negotiated on this
property previously; they had no funds but wanted to see how far they
could get the price lowered.
K-Lynn recapped the situation, noting that staff has been working on
this a long time; there has been a contract on it for a year which has
been extended a couple of times; it seems to tie into some bigger
pictures there. A disappointing factor is the inability to negotiate
with the developer on the middle piece of property; however, for the
city's reputation and what is being done with all the other land
deals, she recommended that the Boards go ahead with it so the City
doesn't get a reputation of letting things drag, which might hamper
other deals. She said she was not saying that is a reason to go ahead
with it; Bill Miller has looked at it in terms of the raptors, and in
view of all of the above, the Boards should go ahead and recommend it
to City Council. Tom responded that he doesn't think (the City) would
have a reputation of dragging our feet because of this property
because they've shown they can close deals fast when needed. There
are some very legitimate concerns on this one and since there are
three leaking underground tanks next door, it's OK to be cautious.
Tom was asked if the situation were resolved to where he felt
comfortable with it, and he responded that he was, but it's still not
perfect; and could not say there are no environmental problems. The
construction company next door will have to be dealt with; there is a
collector street coming through; it's not going to be a wilderness
area situation but it would be a very large, natural wetland, one of
the largest natural wetlands in the community with potential for a
nice upland habitat and a connection to the Southridge area. It will
be an area that has some value and a sense of place to it on its own.
Bill Miller asked if Tom wanted to recommend this to Council for
purchase at this next meeting and he replied that he did.
MOTION by Hal.Swope, seconded by Katy Mason, that the Natural
Resources Advisory Board recommend (to City Council) the purchase
of this area (53 acre parcel known as the Human Society
Wetlands). CARRIED UNANIMOUSLY.
MOTION by K-Lynn Cameron, seconded by Marilyn Barnes, that Parks
and Recreation Board recommend to the City Council that they go
forward with the purchase of this piece of property (53 acre
parcel known as the Humane Society Wetlands). CARRIED
UNANIMOUSLY.
Natural Resources Advisory Board Meeting
May 4, 1994
Page 9
d. Matthews Property, (Inventory N57)
This area has become available unexpectedly. It is a triangular 7.5
acre site in the Greenbriar area of north Fort Collins, between the
Larimer/Weld canal and East Willox Lane. It is comprised of woodlots
and wetland south of the Larimer and Weld canal.
Tom located the area on a wall map. The City owns Greenbriar Park.
Stormwater owns a wetlands as a detention pond. This Board recently
approved acquisition of another property in the same area and the City
has closed on those properties. This will be a wetland restoration
project, detention pond and pilot demonstration area. A future bike
path has been designated in the area by the Northwest Area
Transportation study.
This came in with the conceptual review for development and was
identified as a place to look at. Division personnel went out and
looked at the property and given what else is going on there felt it
should be purchased to form a nice complex of public use in the area.
It is on the scale of a "neighborhood natural area." Deer wander
through, foxes and other animals are there. There is agreement on
price at $8,000 an acre. It is developable ground and the owners are
pushing hard to get a decision quickly. The land is owned by a
partnership of people who live in Greeley and eastern Colorado. If
developed, it could be broken up into about 21 or more units.
Tom noted this is not a major conservation piece, and it is not a
critical part of the city's ecosystems. On the other hand, one of the
goals is to have throughout the city some of these smaller walking
areas for bird watching and that sort of thing. If it were simply
this piece and there were not these other things and other departments
around it he would not be bringing it to the Boards, but since it does
and with the connections along the trail, he thought it made sense to
pursue it.
The cost of the property previously purchased in the area was $8,000
per acre for the upland piece and around $4,000 per acre for the
wetland piece.
The Boards requested further identification of the surrounding
properties and proposed development, which Tom explained. On the
other side of the canal are single family developments with quite
large lots. The area east of the Stormwater land is undeveloped.
There is a development proposed along Lemay
MOTION by Marilyn Barnes, seconded by Jessica MacMillan, that the
Parks and Recreation Board recommend"to City Council to purchase
this property (Mathews Property, Inventory N57). CARRIED
UNANIMOUSLY.
Katy Mason asked a question about the negotiation status and Tom said
there was another party interested in this parcel. He owns property
across the street, but because the view has been obstructed by the
Natural Resources Advisory Board Meeting
May 4, 1994
Page to
construction of another house, he would like to have a lot in the
proposed site(about 3-1/2 acres). Tom had told him that the City
wanted the entire property and was not interested in his proposal.
This other party had made another offer to the owners so it is
possible the City will have some competition and may lose it.
Stormwater would buy about two acres (one quarter) of the property.
MOTION by Hal Swope, seconded by Craig McGee, that Tom Shoemaker
be authorized to recommend purchase of this property (Matthews
Property, Inventory N57) to City Council.
The Chair asked if there was further discussion. Phil Friedman said he
was concerned and wanted to make sure that in working with other
parties in these close -in situations these purchases did not result in
a windfall for a certain person or certain people which is really not
fair to anyone else in the community because they don't happen to live
next to the area. He wanted to be cautious about that type of
situation occurring. The intent is to purchase the natural areas for
their natural resource content without strings attached or struggling
with people living in the area.
There being no further discussion, the Chair called for the vote and
the MOTION CARRIED UNANIMOUSLY.
Tom thanked the Parks and Recreation Board for participating and the
meeting recessed at 8:35 p.m. at which time the Parks and Recreation
Board left.
The Natural Resources Advisory Board regular monthly meeting resumed
at 8:45 p.m.
Approval of Minutes of the April 6. 1994 Meeting.
There being no discussion, corrections, additions or deletions, the
Chair called for a motion to approve the Minutes of the April 4, 1994
Board meeting.
MOTION by Hal Swope, seconded by Kathy Mason that the
minutes of the April 6, 1994 meeting be approved as
submitted. MOTION CARRIED UNANIMOUSLY.
nvironmental Action Awards to Schools:
Phil Friedman, Chair of the Education Committee, said the committee
had reviewed the four applications that were submitted by the schools.
Phil noted this is the first year of the split version of the
Environmental Awards. This spring awards are being made only to
schools. The rest of the awards will be considered later in the year.
The Committee was disappointed in the small number of school
participants, which may have resulted from the way the competition was
structured this year.
1
C
Natural Resources Advisory Board Meeting
May 4, 1994
Page 11
Of the four entries submitted, two were chosen to get awards, and two
to get certificates of recognition. This was not the first time an
award had been presented to more than one entry.
The Committee was asking for agreement or disagreement with the two
suggested winners, or if the Board had a different recommendation.
The Committee felt the two other entries clearly did not merit an
award, while the winners were of equal merit.
Phil explained that at first the entry entitled, "Environmental
Action" had been considered the winner, but upon further reflection
it was decided that what the other school was doing, while it was not
of the same scope or scale, was quite interesting and innovative,
particularly with the idea of composting food within a public
building. They were able to work with the Health Department and
overcome all hurdles and actually do it.
MOTION by Hal Swope, seconded by Craig McGee, to accept the
recommendation of the Education Committee on the Environmental
Action Award to Schools. MOTION CARRIED UNANIMOUSLY.
Phil Friedman said the Mayor would be given the option of making the
award to both schools, with or without a member of the Board present.
If the Mayor cannot do it, then a member of the Committee should make
the presentation. It was felt this was more appropriate because
Committee members were more familiar with the award structure.
Centennial High School was a winner with a landscaping project.
Dunn Elementary was the other winner with a food composting project.
The other two schools that entered were Moore Elementary School and
Putnam Elementary.
Tom Shoemaker referred to a memo from the Mayor (contained in the
Board's packets) regarding preparation the City's 1995 Annual Budget,
in which Boards and Commissions are asked for suggestions on any key
budget issues that are of concern to them.
Meadow Springs Stormwater Utility Property:
Hal Swope said he was concerned with the over -grazing on the Meadow
Springs Storm Water Utility property. Volunteers from CSU will build
a fence but there are no funds with which to purchase the materials.
Five miles of fencing would be of tremendous value. A dollar cost
amount will be checked out.
ISTEA Grant Application for Water Treatment Plant 11
Bill Miller said a recommendation should be made to the Council to
contribute $30,000 to $40,000 to make up the difference lacking in the
$131,000 matching grant application for ISTEA at Water Treatment Plan
,#1, and get the access opened up. (Total Cost of project - $656,000.)
Natural Resources Advisory Board Meeting
May 4, 1994
Page 12
Status Budgeting for Natural Areas
Katy Mason asked if the Council continued to budget for natural areas
in light of the 1/4-cent sales tax. Tom replied that they only
covered two areas; Parks Maintenance, who do open space management, is
still funded at the level that it was for existing areas; and we are
not charging for existing staff time, such as Tom, Karen Manci and
Rob Wilkinson or others who work on the natural areas. Last year
Council did not include any additional monies other than the 1/4 cent
sales tax.
Katy said she did not agree with that. The 1/4 cent sales tax was
voted on as an addition to what was already happening, not to replace
the program that was already in place. There are some large areas
that can't even be approached; there is the Fossil Creek issue, in
which a partnership with lot of other entities will be needed, but
time is of the essence, and if we need more monies, I would suggest
going to Council. Hal Swope agreed and noted that there was a budget
requested every year which he thought the Board should continue to
request. Tom said the Council had appropriated $200,000 each of three
years but there was never anything said about continuing that. Hal
Swope asked if it should be put in the form of a motion. Tom thought
a memo would be appropriate.
Poudre River Study. Council has budgeted $40,000 for this year. Katy
wondered if more would be needed to do it right. The team will
consist of Kari Henderson and Jeff Lakey from CSU. Tom has seen the
scope of work and it looks good to him. The budget is $1,000 over
what was appropriated.
Other Budgetary Matters:
Since the budget process goes from now to mid -November, the Board
should feel free to communicate to Tom or the Council any additional
ideas they might have.
Natural Resources Division: Katy asked what areas of emphasis that
Tom sees in the Natural Resources Division that may need additional
funding. Tom said he did not have a good picture of that in his own
mind yet. He knows that all are working awfully hard, have dropped the
ball in a couple of areas and need to look at whether that is a
question of the order of priorities or whether there is a need for
additional staff.
Monitoring Equipment: Hal Swope asked if more money is needed for
monitoring water quality or air quality. He expressed concern that
staff did not seem to believe in monitoring air quality or want more
equipment but he doesn't agree with that. He said a lot of things
have happened since the one site was selected for air quality
monitoring that we have and something entirely different would be
found if there were another station out at the Harmony Road area. He
felt Brian did not want more equipment. Tom said he thought it is not
a matter of not wanting it, it's a matter of the relative value of
monitoring versus programs that work toward cleaning our air.
Natural Resources Advisory Board Meeting
May 4, 1994
Page 13
Industrial Pollution: Katy Mason expressed concern with the issue of
industrial pollution and that we are not on top of at all. She
wondered if it was a matter of not having the money for equipment or
what. Tom said that is an issue in terms of completing an emissions
inventory and those kinds of things and until that work is done, we
won't know what to suggest to monitor. But it is not his role at this
meeting to debate the merit one way or another. An Air Quality Action
Plan has just been adopted and that is one which will receive a lot of
scrutiny also. Additional resources may have to be requested to make
sure that is handled well.
Recycling Review: Tom reported that the recycling review is
proceeding well; that could be a major budget issue as it progresses.
Bill Miller said the Larimer County Environmental Advisory Board had a
booth at the Lawn and Garden Show and about 50 percent of the
comments received from seventy or eighty persons were related to
recycling. There still seems to be a lot of confusion on the part of
the public. Apparently the haulers are not doing a good enough job of
keeping their customers informed and it is one of those issues that
needs to be kept in the forefront all the time.
Trash Hauling by City: Hal Swope asked about the status of trash
hauling by the City and if it would be on the 1995 election, noting
that budgeting would have to be done for that. Tom replied he is
working to get information to the point where Council and community
could decide whether or not to put it on the ballot and he would
report on that at the next meeting.
Bill Miller asked if the City can participate as a municipal hauler,
create a new city service, or were they precluded from that by the
recent state legislation. Tom said they were not precluded and could
do that with certain notification. The legislation requires that if
the City moves to municipal services, they must provide a "Request for
Proposal" to private haulers. Private haulers and the city would
submit proposals and the contract would go to the best proposal. The
other option is to contract.
Budget items for the xayor:
1. The riparian issue at Meadow Springs, and fencing.
2. The ISTEA grant, assuming it's approved.
3. Funds for natural areas
4. Poudre River Study
Air Quality & Recycling
Tom asked the Board if they wanted air quality and recycling issues
put on the list or just talked about. The Board just wanted to make
sure those items were funded properly to fulfill the Air Quality Plan.
Phil Friedman suggested that the Board should make the Council aware
that one of the problems with recycling has been identified as being a
some confusion and lack of awareness by the public and that is due to
the need for more education and that costs money. Only a certain
amount can be done with a given amount of funds; with twice as much or
Natural Resources Advisory Board Meeting
May 4, 1994
Page 14
half -again as much you can put out that many more radio spots,
coordination with King Soopers, etc. Bill Miller suggested adding an
item for more money for recycling, education, materials and
demonstration recycling projects.
Growth Management
Bill Miller asked if it is still valid to pursue the idea of
determining just what growth costs and making a development pay it's
own way. Tom thought it was valid and very reasonable for the Board
to identify general areas like growth management, and make sure there
is enough resource there to get all the planning work done.
Miller said this is a big issue there at the County level also. The
permitting process for 35-acre parcels, even where there is no
Planning & Zoning work, but just the building permits doesn't pay
their own way either.
Free Dump Day
Miller said it is cost prohibitive to have the free dump days. He
said that on the average weekend there are 400 vehicles a day; on the
free weekend, there were 2700+ on Saturday and 2900 on Sunday. The
Landfill took in over 9,000 pounds of foam, 4-1/2 tons of hazardous
waste, such as acid, much of which was identified by people directing
traffic. Members expressed concern that people saved their trash for
a year and take in on the free day. Tom said the intent when
establishing the free day was to promote community cleanliness and the
alternative that we're jointly suggesting is a certain amount of
credits from each community towards landfill charges for bona fide
community cleanup rather than "y'all come." Miller said there would
be no more free dump days.
Designation of Rockv Mountain National Park as a Wilderness Area:
This referral came from the Council Legislative Committee in the form
of a letter from Senator Wayne Allard that asked for the City's view
on this. The Legislative Committee is seeking any particular views
from the Natural Resources Advisory Board and the Water Board. At the
time the letter was received there was no particular legislation but
apparently legislation was introduced on Monday. Tom has not yet seen
the legislation but is aware of it from the media. Senator Hank Brown
is upset about it because it does involve water rights and interests.
Federal reserved water rights means it can have implications on
downstream water users. In terms of management of the Park, Homer
Rouse who is the Superintendent, has called for the designation. He
has said it would underscore the existing historic management of the
Park and would protect it from any commercial development that might
be proposed in the Park.
Question was if this was a true wilderness designation, like in the
Rawah. Tom responded that it was. Bill said not the entire Park
would be so designated but those areas that are now roadless. It would
preclude any further road building. An example would be the area from
Bear Lake, up.
Natural Resources Advisory Board Meeting
May 4, 1994
Page 15
Bill Miller understood from Kim Ashley, who is a retired Park Service
Manager, is on the Larimer Board and was in a meeting with Homer, and
paraphrasing Homer, was saying that it was to protect the Park Service
from itself. Essentially, you could get a route through the Park
right now just to alleviate the congestion. The wilderness
designation would preclude them from doing that. Miller continued
that he had seen that Hank Brown has said that the Parks were created
for recreational use and we should be encouraging that but for the
last few years it's pretty well documented that Parks are being abused
from over use and they are thinking of a rationing system with only so
many people a day allowed in.
Friedman said that one of the nice things about Rocky is the complete
absence, except for the Visitor's Center, of any tourist activities in
the Park itself. No hotels, no grand hotel, no motels, no tourist -
trap stores, no grocery stores. It is the fifth most visited Park in
the country - over 2 million people a year - so something like this
would do wonders to preserve the feel of that park. Contrast it to
Yellowstone, Yosemite or Glacier or even Mesa Verde, all of which has
a lot of that kind of thing, which is OK for those parks, but maybe
Rocky is one that shouldn't have any of that. They don't all need to
have that level of activity. He is sure there would be pressures for
that type of use in the future.
The Chair asked if the Board should take a formal position of
recommending support for, against, or remain neutral on the
legislation to give the City some guidance on that. Tom said it was
whatever the Board felt comfortable with. He thinks the Council is
looking for that kind of input, or just to make them aware of general
feelings about the designation.
Tom was asked who had requested the information and he said it was the
City Council Legislative Committee, composed of Chris Kneeland, Alan
Apt and Ann Azari. It is a subcommittee of the Council that works
intensively on state and federal legislation. There is a group of
staff that work closely with them.
The Chair said that since they are looking for input and specifically
asked for it, it would be most effective as a motion.
MOTION by Hal Swope, seconded by Phil Friedman, to (recommend to
Council to) support this bill to help the Park protect themselves
against themselves or anyone else. MOTION CARRIED UNANIMOUSLY.
Following the motion considerable discussion was held on the
ramifications this legislation might have on water rights and the
Board said they are concentrating on the land value issues and not
addressing the water management issues. It was noted that the
reservoirs are not under Park management; they were grandfathered into
the (water law) by the irrigation companies. Tom said the Water Board
is looking at this also.
The Chair called for the vote and the motion carried unanimously.
Natural Resources Advisory Board Meeting
May 4, 1994
Page 16
Worksession - May 18: Tom said there was a request at the last
meeting from a woman named Ann Yang to talk about issues with respect
to adjacent development in the Cathy Fromme Prairie and there is need
for some further Board discussion of those issues and looking at
perhaps some alternatives out in the area, weighing pros and cons in
attempting to do additional acquisition and some of those kinds of
things. He knows that there are interested parties who would like to
address the Board and participate in a public discussion of that area.
Tom suggested that a way of handling that might be to have a work
session mid -month, focused primarily on that and allow some extensive
conversation and discussion and then if its needed for this Board to
take a particular position, that could be done in June, having had a
little bit of time to think about it. He had in mind trying to
structure it in the form of a work -shop with some presentations and
information on what the situation is and what some potential
alternatives are and then actually bring in a facilitator to try and
work with small groups to look at pros and cons and options.
Tom thinks the developer would show up and/or his consultants.
There's a fairly large contingent of interested parties in the area
that would like to come. He asked if the Board was interested in
having a work session in mid -May to talk about that particular area.
Katy Mason asked what the status of it is now. Tom replied that the
status is that the zoning was finally approved and it ended up at two
units per acre. There is some new information that was part of the
review process. Staff has documented that there is more extensive use
of trees on the next parcel than was known previously, including night
use, which shed a little different character on it. Tom hired a
consultant to check the Division's work and to look at the issues, but
the bottom line comes down to Phases II and III. It is unlikely that
they could develop without disrupting the use of the trees as a night
roost so the trade-offs are, how important is that? If that's really
important, should we pursue acquisition and to what ends? How much
money would we be willing to spend, plus there are implications that
even if we did that, we would pretty much have to follow the same
course of logic on quite a bit of additional land.
There are some things to talk about; alternatives ranging from
acquisition to accepting loss, trying to swap some lands for
development and reconfiguring some things, possibly using some of the
existing Fromme Prairie land along Shields. Some of those kinds of
things that may sound crazy, but need to be looked at in terms of
alternatives. Miller said it also gets the Board into the whole idea
of how additional open spaces are treated as they are acquired.
Should properties just be bought and developed right up to the borders
or should the Board be looking far enough ahead of time and trying to
buy the transitional zones, so to speak, and look at some buffering,
either by purchasing additional land or else restricting development
on adjacent properties. It's an issue whose time has come.
1 • •
Natural Resources Advisory Board Meeting
May 4, 1994
Page 17
Addressing Tom, Bill asked if he was considering just an information
session or should the Board expect to take any action. Tom replied he
thought it would likely get to the point where a recommendation would
be needed from the Board, but that could be done at the June meeting.
The proposal was for an informational/working session.
It was agreed that the Board would take a quick trip over to the area
before that meeting. Tom was asked to arrange to get into the Robbins
property. The date set was the third Wednesday of the month, meeting
at 5:30 p.m. at 281 North College, carpooling to the area and
returning for a 7:00 p.m. meeting. Those who do not want to come into
town to carpool, could meet there at the intersection os Fossil Creek
and Shields and walk across. Dinner will be provided on return to 281
North College.
Other Business - Bill Miller asked about the status of the Poudre
River Study and whether a contractor had been selected. Shoemaker
reported that Kari Henderson Associates and Jeff Lakey from C.S.U. had
been selected as the consulting team, but the contract had not yet
been signed.
Bill Miller asked if staff had provided a follow-up letter to Light
and Power on the prairie dog management study at the substation site
near Prospect and Timberline. Shoemaker said he had not yet followed
up with the letter but would try and get it done very soon.
MOTION by Phil Friedman, seconded by Katy Mason, to adjourn.
The meeting adjourned at 9:30 p.m.