HomeMy WebLinkAboutLand Conservation And Stewardship Board - Minutes - 07/11/2007MINUTES
CITY OF FORT COLLINS
LAND CONSERVATION & STEWARDSHIP BOARD
Regular Meeting
200 W. Mountain, Suite A
July 11, 2007
DATE: Wednesday, July 11, 2007
LOCATION: 200 W. Mountain Avenue, Suite A
TIME: 6:00 p.m.
For Reference: Bill Bertschy - 491-7377
Mayor Doug Hutchinson - 416-2154
John Stokes, Staff Liaison - 221-6263
Board Members Present
Bill Bertschy, Greg Eckert, Vicky McLane, Linda Stanley, Dave Theobald, Karyl Ting
Board Members Excused
Michelle Grooms
Council Liaison
Mayor, Doug Hutchinson
Staff Present
Natural Resources / Natural Areas Department: Geri Kidawski, Mark Sears, John Stokes
Guests
Legacy Land Trust — Jeff Jones
Public Comments
No comment
Agenda Review
Stokes: I would like to add an Executive session at the end of this meeting.
Review and Approval of Minutes
Linda Stanley moved to approve the April 11, 2007 meeting minutes. Greg Eckert
second the motion. The minutes were unanimously approved
Land Conservation & Stewardship Board
July 11, 2007
Page 2 of 11
Linda Stanley moved to approve the May 9, 2007 meeting minutes. Vicky McLane
second the motion. The minutes were unanimously approved.
Legacy Land Trust
• Bertschy: Jeff Jones is the Executive Director for the Legacy Land Trust. We are
pleased to have Jeff on Board and he'll give us an overview of the Legacy Land
Trust.
Jones: The Legacy Land Trust was founded in 1993. Jane Clark is one of the
founders and still works with the Legacy Land Trust. It is a northern Colorado -
based private non-profit non -political land conservation organization, which helps
to conserve our rich natural and agricultural heritage. We work closely with
landowners and other agencies and organizations to help protect and provide for
the long -tern stewardship of important natural agricultural and scenic areas in
northern Colorado. We work throughout Larimer County and in portions of Weld
and Jackson counties. Our mission is to: conserve and protect key natural, scenic
and agricultural lands of northern Colorado that make this region a special place
to live and work.
Jones presented a PowerPoint presentation to the Board which included:
• Creating a legacy of protected lands in northern Colorado covering over 6,000
square miles.
- Our Geographies are Larimer, Jackson and Weld Counties
- Priority Areas are Larimer, Weld and Jackson Counties
• Larimer County
- Buckeye, Larimer Foothills, Bellvue/Laport, Ryan Gulch and Wellington
agricultural area
- Completed 73 project 14,415 acres protected on conservation easements
• Weld County
Pawnee Grasslands, Chalk Bluffs, Crow Valley and Poudre River
- 7 completed projects, and protected 10,977 acres
• Jackson County
- Gould area and Rand area
- Completed 10 projects and protected 2,264 acres
• Types of Lands Protected
- Agricultural Lands
- Scenic views
Wildlife Habitat
(Passive vs. Active use)
o Agricultural Lands
Connor Creek Ranch
Diamond Farm, Larimer County
Jackson County Ranch
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July 11, 2007
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Weld County Ranch
o Scenic View
Stonewall Creek Ranch, Livermore
— Rand Area Ranch, Jackson County
Fort Collins, Loveland Foothills
Eagle Rock Ranch, Weld County
o Wildlife Habitat
— Red Feather Lakes Area
Swift Ponds
Morey Natural Area
— Laramie Foothills
Conservation Challenges
- Rapid growth
- Increasing Land Values
- "Sprawl"
In Colorado
- Population growth along the northern Front Range will increase 43% by the
year 2020
- 1.3 million new homes will be needed to accommodate the state's population
growth by 2030
- There are currently 1.8 million homes in Colorado (2004)
Between 1987 and 2002:
- Larimer County lost over 50,000 acres of agricultural lands, while
- Weld County lost 271,491 acres of agricultural lands
• Weld County
- Is the fastest growing region in the U.S. (2003 Census), and the second -fastest
growing county in Colorado at 3.5% annually (2004)
- In 2004, new home sales grew at 13.4 % (Larimer County grew by 4.6%
- And in 2004 led the state in motor vehicles sales; and in restaurant sales
growth.
• How Land Trusts Works
- Land Trusts are...
o Private chanties 501 (c)(3)
o Receive little or no government funding
o Rely on donations, memberships, foundations and other sources
Nationally
0 1,667 land trusts throughout the nation have protected over 37 million
acres — a 54% increase from 2000
0 2.2 million acres of land are lost every year to development
o Conservation of private land from 2000 2005 averaged 2.6 million acres
per year
In Colorado
o Land trusts protect over 720,000 acres of land in Colorado (1 percent of
the state)
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o 51 % of Colorado's land area is private farms and ranches (nearly 34
million acres)
o Over half of the state's agricultural lands will change hands in the next 20
years
o Since 1992, more than 2 million acres of Colorado's agricultural lands
have been taken out of production... and continues at a rate of 100,000
acres per year
Locally
o Legacy Land Trust is the only local land trust working in the region
o We are a generalist land trust, focusing on natural resource, scenic and
agricultural lands
o We are locally supported by individuals and businesses in northern
Colorado
• Conservation Easements
- Primary tool of land trusts
- Voluntary, permanent restrictions on future uses and development of a
property
- This deed restriction "runs with the land"
• Common Key Provisions
- Protect significant conservation values
- Limit or prohibit land subdivision
- Limit or prohibit additional structures
- Usually allows current use
• Usually, conservation easements are:
- Donated, Purchased or Combination
• Tax Incentives
- Federal income tax deduction
- Estate tax relief
- Colorado state tax credit
• Specific Federal Tax Benefits
- Federal Estate Tax Benefit: Lowers the value of land assets for estate tax
purposes.
- Federal Income Tax Benefit: Value of easement donation can be deducted
up to 50% AGI for year of gift plus 15 year carry forward be up to 100% AGI
for year of gift plus 15 year carry forward.
Colorado State Tax Credits
- Allows 50% tax credit for the value of the easement donation per year up to
$375,000 ($750,000 easement donation)
- Donor has 20 years to sell the credit or use it themselves. Must be sold or
used before donor can qualify for another conservation easement tax credit.
- Always consult tax professionals. All donor circumstances unique.
Recently Completed projects
- Flying W. Ranch — Big Thompson River
- Crow Valley, Briggsdale — Weld County
- Owl Canyon Pinyon Grove — Larimer County
- Masonville Wildlife Habitat — Larimer County
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July 11, 2007
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- Urban preserve — Fort Collins
- Buckhorn Mountain — Larimer County
- Addition to North Park Ranch — Jackson County
- Final Phase Eagle Rock Ranch total acreage = 13,268 protected
• Soon to be completed
— Hidden Canyons - Larimer
The Board had various questions including:
• Stanley: One of the things that the Legacy Land Trust does is they hold easements
for GOCO projects that the City of Fort Collins, or Larimer County has funded
through the sales tax. Does the 14,000 acres count that or not?
• Jones: That's a good question, but I do not know the answer to your question.
• Bertschy: I know the answer to that question. It does include it. Under the
GOCO grant requirements they require third party. Technically we hold the
easement
• Stanley: You hold the easement and my concern is that when you say you are
protecting something in actuality you are only holding the easement because of a
third party that requires you to do that. So when you do do that out there it makes
it look as if you do not need the sales tax dollars when in fact the sales tax dollars
do protect the land.
• Bertschy: I'll take issued in the sense that we do need the sales tax.
• Stanley: That's not my point. My point is not with what the land trust is saying,
but with the people's perception that when they go out there and see a sign
protected by... If you say we protected those acres, you really didn't protect those
acres. You are only holding the easement.
• Theobald: There are many different things that make up protection. It's a nuance
that the public needs to see.
• Stanley: hi your news letter you need to explain, so that people understand, that
we are holding the easement for a place and that the tax payers helped pay for
this.
• Bertschy: It's a shared partnership.
• Stanley: It is a shared partnership and that's not what is reflected.
• Jones: And also understand the role and responsibility that we hold the perpetuity
as part of the protection, and the transaction is clearly an important part of
protecting lands.
• Bertschy: It's amazing to see, in Jackson County and Weld County, how the
pressures of sub -divisions are occurring.
• Theobold: I know the accreditation business; to what extent are Land Trusts
starting to think about monitoring the values that their holding. There has been a
bit of concern about coming up with a monitoring plan for that. For instance
you're protecting agricultural values, well what does that mean?
• Stokes: There is a real debate in the Conservation and Land Trust community
about that issue. It becomes so hard to manage or to monitor for qualitative things
like biodiversity for example. People in the legal community are saying forget all
that. What an easement is for is property rights. It's not for agriculture, or for
wildlife or other things, although this does come along with an easement
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occasionally. They say focus on property rights that you are acquiring and
monitor those because it is very hard monitoring other values, and it's hard
quantifying, and it's hard to go into court and argue about those. Also,
Landowners don't' want you monitoring their land every year, and telling them
how to manage cows or do forestry.
• Bertschy: One of the things we do is require some of those values before taking a
project. We have turned projects down.
• Ting: What is the standard you need to follow?
• Jones It's the IRS standard that we follow.
• Stokes: There are standards in the Land Trust Community. The Alliance has a
standards manual and practices. A good Land Trust will follow their standards.
Budget General Overview of the Budgeting for Outcomes
• Stokes: Our offers are in the cue and will likely be approved and go forward.
Stokes explained to the Board how the Natural Areas Department describes their budget
and showed the Board graphs consisting of
Natural Areas 2008 Budgeted Expenditures - $9,225,212
- Program Management $712,501, 8%
- Land Management $307,862, 3%
- Education $386,036, 4%
- Enforcement $547,647 6%
- Facility Operations $206,942, 2%
- Land Conservation $2,307,918, 25 %
- Resource Management (Restoration) $1,091,255, 12 %
- Resources Management $142,681, 2%
Natural Areas 2008 Budgeted Expenditures by Category $9,225,212
- Personnel $2,833,819, 31%
- Contractual & Commodities, $1,947,942, 21%
- Capital Improvements $2,530,000, 27%
- Land Conservation $521,620, 6%
- Cops Payment $1,391,831, 15%
Natural Areas 2009 Budgeted Expenditures - $9,428,171
- Program Management $732,105, 8%
- Land Management $315,043, 3%
- Education $387,296, 4%
- Enforcement $631,316, 7%
- Facility Operations $213,712, 2%
- Public Improvements $3,102,233, 33%
- Resource Management $146,664, 2%
- Resource Management (Restoration) $1,161,691, 12%
- Land Conservation $2,738,111, 29%
Natural Areas 2009 Budgeted Expenditures by Category - $9,428,171
- Personnel $3,046,991, 32%
- Contractual & Commodities $1,951,104, 21%
- Capital Improvements $2,095,000, 22%
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- Land Conservation $946,720, 10%
- COPS Payment $1,388,356, 15%
• Stokes: hi 2009 we are proposing to spend 1 million on a new discovery science
center. It will be for a standing exhibit that will focus on the cultural and natural
values, primarily of the Mountains to Plains project. It will be a place where
people can essentially get a virtual tour of that project and learn about the natural
cultural values and then go to the site if they choose to. This will be a place for
people to go visit and learn about our programs.
As you know, we have blue and green money. The blue money is flexible money
and the green money must be spent on restoration or land conservation. We are
over spending in the green category, which means we are spending more in that
category than we need to spend in order to meet the parameters of Open Space
Yes. We are looking at that as a multi -year obligation. We hope to always be
above the 80 to 100 percent range. hi 2010 we will take 1 million of those dollars
and put them in the discovery science museum. This is another reason that our
Land Conservation budget is low for that year. That is different than anything we
have ever done before and that is why I wanted to bring this to your attention.
We were just awarded a $100,000 grant from the National Parks Service that the
Natural Areas Program and the Museum put together. The relation with the
Museum is helping us develop a lot of knowledge around the cultural values of
our sites, and to interpret those values to the community.
• McLane: Do you use any general fund money?
• Stokes: We do not use any general fund money, which helps us get through the
budget process.
• McLane: Why are you being made to go through it?
• Stokes: Everyone that has dedicated funds is being made to go through it. It's not
a bad exercise, and what it forces is a lot of internal dialogue about projects and
departmental boundaries. The results team asks perceptive questions and really
digs into your budget, which has been helpful in the big view of things. We need
to demonstrate that we did what we said we were going to do.
• Stanley: How much of the 7 million dollars, which is in addition to the amount
you can spend on Land Conservation, will be spent this year?
• Stokes: We just don't know, it's very hard to tell. We have a number of projects
that we are working on, but are not completed. Hopefully every penny of it.
• Stanley: I'm concerned about public perception.
• Stokes: This is a point very well taken, and not only in Land Conservation, but in
our other categories of spending too. hi our staff meetings I've mentioned that as
a manager the money budgeted should be spent on projects and not carried over
from year to year.
• Sears: One other update on Land Conservation. I believe we have a little over $2
million dollars left that we need to spend in the next couple of years.
Land Conservation & Stewardship Board
July 11, 2007
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• Theobald: The 7 million seems like a big chunk compared to the rest of the
budget. The strategy is that you have projects that you are thinking about that
haven't come to fruition?
• Stokes: We are doing more than thinking about these projects. It's just the nature
of real estate deals. Council has to re -appropriate that money every year.
• Theobald: The discovery science museum with be in town?
• Stokes: It will be downtown.
• Stanley: This is something that will come to the Board again?
• Stokes: If the Board wanted to make a recommendation about our budget to
Council, we would want to do that in September. That's when the City Manger is
looking for feedback from the Boards and other Commissions about the budget.
The other part of that conversation would be in about a year, because that's when
they will start designing, and that would be the time for the Board to weigh in on
the specifics of that project.
• Bertschy: In what area will that show up?
• Stokes: hi capital or contractual commodities.
• Stanley: I'm concerned about hearing about the budget.
• Stokes: We can have the Museum folks attend a meeting. Perhaps we can do that
in August.
• Ting: Is that from the general fund?
• Stokes: It's from Building on Basics, which is a dedicated sales tax, and also from
private fund raising. They hope to weigh about 9 or 10 million dollars from the
private sector, which they have all ready raised a good portion of that amount.
• McLane: There are three groups?
• Stokes: It's a joint project between the Fort Collins Museum and the Discovery
Science Center. They are entering into a partnership agreement, and it is a joint
project between that non-profit and the City of Fort Collins. We would be filtering
in some of our resources into the project; this is a one time investment.
• Eckert: Is the site on Cherry and Mason?
• Stokes: I think that is the preferred site.
• Bertschy: What is the change in personnel from 08-09?
• Stokes: We are planning on adding a Ranger in 2009 because that's when
Soapstone Natural Area opens and we will need another Ranger on staff. We
might add some season staff, but we have no plans to add permanent staff. We
think we are well positioned.
• Stokes: I would also like to mention that we have 1 million dollars of un-
appropriated money, which will be appropriated either this year or early next year
2008 to go to Soapstone. This does not show up here, so when I talk to you about
public improvement budget for 2008, it will go up another 1 million dollars
because we need that money for Soapstone Natural Area.
Updates
• Sears: It's amazing what all is going on in the Natural Areas program. I thought I
take the opportunity to give you a cursory of what is going on:
- Volunteer eagle scout projects
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July 11, 2007
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- Primrose Studio is about 75 percent complete and will be included in Arts in
Public Places tour.
- Bobcat Ranger house started this week and should be done by end of
November.
- The new south trail construction project started at Bobcat and is almost
completed. The northern route will be started in August, and then a
connection that will go from the valley loop to Eden Valley will be started
sometime in September. Close to 10 miles of trails will be done by November.
- Started on the dam design for Benson Reservoir, that's the Pelican Marsh
Natural Area. Parks agreed to provide the project management.
- Riverbend Ponds Natural Area, is a joint project between Engineering, Storm
water and ourselves, which cost each of us approximately one half million
dollars, was completed in early spring and since, all the restoration work has
also been completed.
- Running Deer parking lot and trail to Cottonwood Hollow completed.
- Prospect project is complete
- Riverbend Ponds added a vault toilet at the south parking lot.
- NIX restoration of the barn is completed.
- Nix the backyard wildlife garden has been completed. The garden was
included in the Audubon Garden.
- Gateway Natural Area — a record set in June for parking passes sold and
attendance. Removed an old house foundation and hope to develop this area
into a natural playground. Father's day set a record with over 100 people
visiting this area.
- Prairie Dog action plan is done. There were no phone calls, no articles in the
paper and no letters.
- Weed Control has been elevated to a whole new level this year. Contracting
out additional mowing, haying and spraying.
- There is sheep grazing again this year with 400 sheep. This grazing helps
with weed control. We could use two or three times this amount of sheep.
- Resource Management Crews watering at Bobcat Ridge and Riverbend Ponds
Natural Areas.
- Fences were removed at Colina Mariposa.
- The Public Improvement crews upgraded the trails at Riverbend Ponds
Natural Area.
- Foothills trail construction projects underway utilizing Volunteer workdays.
- PI crews are upgrading kiosks and installing call boxes and repairing trails.
- We had a very good Master Naturalist program in the spring. With this new
group of 20 Master Naturalists we will be able to increase our number of
presentations.
- At Bobcat Ridge we received a grant from the Pulliam Charitable Trust
Foundation, and we were able to hire an Environmental Educator - Deborah
Price. She has many programs planned for Bobcat Ridge Natural Area well
into the fall. Over 260 people have attended the events.
- Soapstone Natural Area tours is almost booked. The tours will go till October
8' We hired a second tour guide Leonard Ewy. Leonard is also a Captain at
the Poudre Fire department and does this in his spare time. He is also a
Master Naturalist.
- Eagle view we have completed the conceptual design to relocate an irrigation
canal to make it look natural.
- Soapstone Natural Area access road, will go to the County for
review/approval and out to bid on August 10. We hope to start construction in
September, and it could be done by the end of the year. For the right of way,
we still have four parcels to acquire in order to build the road.
- Daylan Figgs and Pat Hayward are putting the final touches on the Soapstone
Management Plan and will be presenting it to the Board, the Public and City
Council in August.
- The Maxwell parking lot just west of CSU is open.
- Land Conservation, close on the Robin Jones property. Closed on a second
piece of the Bernard ranch. Making donation to the purchase of Hermit Park.
- Our education staff is short handed without Edith. They completed a new
brochure for Gateway, and Adopt a Natural Area, and also a brochure for the
garden tour. Sue Kenney is working on developing an interpretation for
Primrose Studio.
- Completed NA's graphic standards.
- We have a number of volunteer projects. We had two weed pull projects at
Soapstone where there were about 40 volunteers signed up for each day.
- Zoe has completed the recreation system wide map.
- We hired Erica Saunders as an assistant land manager who will help with the
on going monitoring at Soapstone Natural Area, plus many other duties.
- We've been using a lot of Ameri-Corp, for various projects, and they have
been adjusting fences so that they will be wildlife friendly at Soapstone
Natural Area
New Business:
No new business.
Announcements:
• Stokes: There will be a Soapstone Natural Areas Open House to discuss the
Management Plan on Thursday, August 16, 2007. On August 28, 2007 we take
the Management Plan to the City Council for their work session. Bill please put
the Soapstone Management Plan on the August 8, 2007 agenda before we go to
Council. We will need a recommendation from this Board on the Plan.
• Bertschy: Michelle Brown and Greg Snyder resigned. Michelle was the vice
chair so we need to have an election to replace the vice chair. I hope one of our
veteran members would consider this position.
• Bertschy: I would like to suggest an item on Board procedures related to us
making recommendation to council.
Land Conservation & Stewardship Board
July 11, 2007
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Stokes: Regarding Hermit Park, the council in session a couple of weeks ago
asked the City Manager if the Natural Areas programs could support the
acquisition of Hermit Park up in Estes Valley. They came up a little short with
funds and Council asked us to fill in the gap with $90,000. We are working on
that and it will go to Council on August 21, 2007. It needs to go to the City
Council for them to bless the funding of the project by resolution, because it is not
in our policy plan for land conservation.
Also, the National Land Trust Alliance rally is in Denver in October. It is a great
opportunity to get some good training around land conservation issues.
Cheyenne bought the Belvoir Ranch in Wyoming, and they're beginning to write
the management plan for that property. They bought it specifically for water and
then to locate a landfill. They invited K-Lynn and I to interview with them. It
was not acquired for conservation, it was acquired for other purposes, but they are
very interested in conservation. 1,600 acres were acquired at the north end of the
big hole specifically for conservation. There will be trail access from Soapstone
to Wyoming and back.
Adjourn
The meeting adjourned at 8:00 p.m.
Submitted by Geri Kidawski
Administrative Secretary
Approved