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HomeMy WebLinkAboutNatural Resources Advisory Board - Minutes - 09/19/2018NATURAL RESOURCES ADVISORY BOARD REGULAR MEETING SEPTEMBER 19, 2018 – 6:00 PM 222 LAPORTE AVENUE, FORT COLLINS – COLORADO ROOM 09/19/2018 – MINUTES Page 1 1. CALL TO ORDER At 6:00 PM the meeting was called to order by Luke Caldwell. ROLL CALL A Quorum is present. • Board Members Present: o Luke Caldwell – Co-Chair, 2018 o Drew Derderian o Elizabeth Hudetz o Jay Adams o Barry Noon o Danielle Buttke • Board Members Absent o Ling Wang o Bob Mann o Nancy DuTeau – Chair, 2018 • Staff Members: o Lindsay Ex, Staff Liaison, Climate Program Manager o Jennifer Shanahan, Environmental Planner, o Tim McCollough, Deputy Director, Utilities Light and Power o Noah Beals, Senior City Planner – Zoning o Tom Leeson, Deputy Director of Planning, Development, and Transportation • Guests: o Mark Houdashelt, Air Quality Advisory Board 2. AGENDA REVIEW Luke Caldwell reviewed the Agenda with the Natural Resources Advisory Board (“NRAB”). Agenda accepted without modification. (NOTE: There was presentation order modification to the Agenda due to the speed at which the NRAB proceeded.) 3. COMMUNITY MEMBER PARTICIPATION A guest to the NRAB meeting (listed above) introduced himself. Mark Houdashelt had a few comments to share with the NRAB. He mentioned that in regards to the 100% renewable energy goal, he added that hydroelectricity as an energy option was being considered as a means to pump water during the nighttime to utilize energy during low use times of the day. 4. APPROVAL OF MINUTES Without modification, Jay Adams motioned to approve the August 2018 meeting minutes. NATURAL RESOURCES ADVISORY BOARD REGULAR MEETING 9/19/2018 – MINUTES Page 2 Barry Noon seconded. The Vote passed unanimously. (6-0). 5. UNFINISHED BUSINESS a. NISP Final Comments: Jennifer Shanahan, Environmental Planner – City of Fort Collins presented the NRAB with an overview of the Northern Integrated Supply Project (“NISP”.) Elizabeth Hudetz asks the whether NISP considered the impact of climate change. Jennifer expressed that the NISP Final Environmental Impact Statement’s (“FEIS”) mitigation language has not incorporated the impact of diminished snow pack leading to decreased river flow. Elizabeth is also concerned about “fracking” and its effects on water flows. She notes that there is a huge amount of data and in- depth analysis published in easily accessible studies. This information, she says, should be factored into these discussions and is not convinced that due consideration for climate change is readily evidenced in this project. Jennifer said that “fracking” is not considered on upstream water sources, rather a diversion of water. Barry Noon agreed with Elizabeth Hudetz and pointed to Colorado State University (“CSU”) published reports regarding snow pack analysis and projected climate models that also specifically examine the Poudre River. He believes that the FEIS and mitigation plan does not align with contemporary science, which would discredit all of these proposals. He believes that some of the mitigation is contingent on a filled reservoir and his concern is that there will be less river flow in the future. He mentioned the National Environmental Policy Act (“NEPA”) of 1970 that required federal agencies to assess environmental impacts of proposed actions (permit applications, land management actions, highway construction, etc.) along with potential social and economic effects. He has no doubt that the cumulative effects of this project will significantly diminish quality of life for city residents. Luke Caldwell added that the NRAB has been candid in its assessment of the NISP project. He advocates that the City of Fort Collins fights back against the project. He mentions serious economic impacts in things like drinking water quality and reduction of the riparian zones. Luke Caldwell questions whether any mitigation will sufficiently account for any effects caused by NISP. Danielle Buttke asks whether there is a threshold where the water gates would close on the river when the functionality of the ecosystem of the river has ceased. What happens in case of a non-functioning river? Jennifer Shanahan reiterated that the NISP project owns established water rights. Furthermore, there is some concession on peak-flow bypass and risk. She mentions a complicated “decision tree” driven by needs. Danielle Buttke agrees that contingencies on concessions are not favored and she does not like the three-day peak flow. She wants quantitative not qualitative thresholds to reach a full reservoir. Barry Noon commented that the requirements are conditional and not rigid and, therefore, ineffective if at all. Barry stressed that this is a critical point to consider. He also mentions that it appears that Colorado Water Law does not consider leaving water in a stream as “beneficial NATURAL RESOURCES ADVISORY BOARD REGULAR MEETING 9/19/2018 – MINUTES Page 3 use” as opposed to residential, green spaces, golf courses and hydropower. He does not understand why fishing and river recreation is not considered a beneficial use, especially given the economic benefit to local and state coffers. He says that water law is archaic and does not incorporate climate change science, thereby becoming a constraint on preservation efforts. Jennifer Shanahan condensed the discussion stating that there is considerable concern for the FEIS because the Poudre River is on a trajectory of decline. Luke Caldwell noted the impending deadlines and restated that the NRAB is not in favor of the project. He believes there is a consensus for adding a climate change clause. Furthermore, the mitigation does not appear sufficiently vigorous in respect to a 10-15-year span to fill the reservoir while draining away the Poudre River. Jennifer added that there is no mitigation during fill-years. Luke will create a memo addressing the discussed issues to add comments and will electronically circulate same amongst NRAB members. Luke Caldwell motioned that the NRAB adds climate change language to the FEIS. Danielle Buttke seconded. The Vote Passed unanimously (5-0). Barry Noon was not able to vote because he left at 7:15 PM 6. NEW BUSINESS a. Digital Signs: Noah Beals, Senior City Planner, and Tom Leeson, Community Development and Neighborhood Services Director presented the NRAB with a proposal for updates to the digital sign code. This two-year project is finally at a juncture where they seek a recommendation. The intersection with the NRAB is to ascertain what natural resource impacts should be considered. Noah Beals led the discussion by reporting that the current regulations do not allow off-premises signage and require signage be confined to the property of the sign owner. He cautions that, for legal reasons (first amendment), any proposals must not be content-based. Previously, his group has conferred with the “Night Sky” team for similar advisement and recommendations. The discussion was helpful in fleshing out issues such as sunset and sunrise brightness, color temperature, dwell times, exchange of static versus digital billboards and safety issues regarding glare and distraction. Current regulations require maximum signage to be 90-sq. ft. in town and on I-25. The maximum height is 18 ft in town and 26 ft on I-25. Resolution is at 16mm. Current regulations include signage restrictions in various metro areas. Some areas restricting billboards include: 1) Mulberry Street - as a designated scenic byway and 2) The historic downtown area. He mentioned that there are also Colorado Department of Transportation (“C-DOT”) regulations on signage to consider. Noah Beals and Tom Leeson propose code updates as follows: • Sign replacement ratio of 8 billboards removed for each digital sign placed (8:1). • Sign spacing of at least 2 miles between. • Setbacks at 25 ft on public right of ways, 1,000 ft on highway interchanges, 500 ft on natural areas. Additional setbacks on the downtown area and other locations. NATURAL RESOURCES ADVISORY BOARD REGULAR MEETING 9/19/2018 – MINUTES Page 4 • A maximum of five (5) new digital billboards. Codifying these changes will allow us to issue permits. Noah answered Luke Caldwell’s question stating that signage is oriented at the roadway – not natural areas. Noah added that, currently, there are about 70 – 80 billboards at 36 locations, which are double-sided. There is one digital billboard (4-6 sec dwell times) near Carpenter Road approved at the Larimer County level. City Council has requested we update these figures and these numbers may fluctuate. Luke noted that at the proposed replacement rate (8:1), about forty (40) of these billboards would be deconstructed in favor of five (5) digital billboards. Noah agreed, explaining that this provides significant incentive. Luke adds that there is more messaging using less manpower with digital signage. Tom Leeson explained that Lamar is the dominant company owning signage in town. Danielle Buttke wanted to know if the dwell times align with current safety literature. Noah said yes and added that they considered aesthetics as well. Danielle said that reducing dwell times equals more messages in the case of less than five (5) replacements. She said that there should be a priority on night lighting with its impact on “dark skies”. Jay Adams was interested in the heat emanating from the lights and Noah said it’s minimal due to use of LED (light –emitting diode) bulbs that emit low heat. Luke Caldwell wanted to know how the city can evaluate safety risks and what recourse is available. Tom Leeson said the evaluation is easily accomplished in the department and they are authorized to adjust brightness and dwell times. Danielle Buttke referenced recent studies and reports that concluded that West Nile Virus is infectious longer in birds exposed to artificial light at night. The Center for Disease Control, Science magazine, Science News and by the Society for Integrative and Comparative Biology have all published these findings. She is also concerned about the Fort Collins “Gateways” (such as the Harmony and I-25 interchange area) and the effects of these billboards on the ecology. Danielle Buttke motioned that the NRAB recommend adding language removing the night light billboards and excluding the Harmony Gateway area. Seconded by Elizabeth Hudetz. Vote passed (4:0). Jay Adams abstained, as he would like more information on the issue. b. 100% Renewable Electricity: Tim McCollough, Light and Power Deputy Director and Lindsay Ex, Climate Program Manager reviewed the 100% Renewable Electricity Resolution. The team is seeking action from NRAB to Council, which considers this item on October 2. Platte River Power Authority is also considering a similar policy. The Resolution seeks to establish a community-wide 100% renewable electricity supply by NATURAL RESOURCES ADVISORY BOARD REGULAR MEETING 9/19/2018 – MINUTES Page 5 2030. The Resolution was developed in partnership with Platte River Power Authority. This statement asserts that the City of Fort Collins endeavors to employ 100% renewable energy by 2030. She noted that Platte River Renewable Energy is now at 15% and is expected to be at approximately 50% by the end of 2020. There are three principles guiding this effort: 1) Financial Sustainability, 2) Environmental Stewardship and, 3) Reliability. One of the most common themes from discussions with all stakeholders is reliability. Fiscal, Environmental and Social Sustainability are the Triple Bottom Line guiding principles that require analysis of the impacts on the three goals listed. Lindsay Ex explained the tensions that exist. Some of those are - the characterization of the resolution as a plan, mandate or a goal; the cost; actualization; and broadly or narrowly defining hydro-electricity. Lindsay Ex said there has been some overall agreement amongst Boards and Commissions re language characterizing the resolution as a “goal”. Areas of disagreement include the definition of hydroelectricity and she points out that the draft writers examined the definition used by various communities. Barry Noon said that evidence and information is necessary in formulation of any policies, resolutions or rules and regulations. Specifically, education regarding solar versus hydro energy is essential. He is especially worried about water flow on the Poudre River versus Hydro Electricity. Barry said there is so much data and analysis in circulation and Fort Collins is home to well-known and published river ecologists. Luke Caldwell agreed that any new hydro- electricity is a concern. Danielle Buttke said there is a benefit to adding the hydroelectric definition at least to start the conversation, essentially an effective communication tool. A discussion ensued about how to best influence the Council and the public on this issue. Elizabeth Hudetz discussed “Letters to the Editor” in several publications is effective. Barry replied that he regularly employs this tactic (most recently the effects of the “Border Wall” on the ecology at the border), but it is not enough. Lindsay Ex offered that the City Council is open to letters and in-person advocacy at council meetings. Luke Caldwell guided the conversation by stating that this resolution is simply in the visionary phase and the data analysis and planning phases will come later. This resolution, he said, is simply a mechanism to moving the issues forward. Danielle Buttke and Lindsay Ex discussed that clarity and more specific benchmarks will come with the planning processes. Lindsay also noted that Section 8 of the resolution attaches an annual “check-in” requirement. Barry Noon proclaimed there was a tremendous sense of urgency in the area and an important moral component. He said that “balance” is not an objective when you consider the rate of environmental changes versus the abysmal rate we are solving the issues. He is concerned about accommodation for fringe perspectives considering this urgency. The correct goal he said is “getting it right” not “balance.” Drew Derderian wanted to know about nuclear energy perspectives. Tim McCollough replied that nuclear energy is too expensive to maintain, and the costs of nuclear waste are a significant environmental impact consideration. He added that regulatory and political issues surrounding the nuclear energy are numerous and combustible. NATURAL RESOURCES ADVISORY BOARD REGULAR MEETING 9/19/2018 – MINUTES Page 6 Luke Caldwell motioned that the NRAB support the 100% Renewable Electricity Goal by 2030. Elizabeth Hudetz seconded. The vote passed and was unanimous (6-0). c. Budgeting for Outcomes Review: The NRAB postponed this discussion. 7. BOARD MEMBER REPORTS There were none. 8. OTHER BUSINESS a. Review Air Quality Board discussion on potential joint memo to City Council regarding Organic Materials: Mark Houdashelt, Air Quality Advisory Board spoke about the lack of consensus for means to collect organic materials at city restaurants. He said that there is some energy regarding changing the date for the build-out of the compost facility associated with the Wasteshed plan. He believes that building the facility earlier than planned may create urgency for the issue. It is not a current priority. Mark and Elizabeth Hudetz discussed the $11.8 million price tag on the building of yard and food waste facility. The AQAB has decided to have more discussion on the issue before committing to a memo. b. Six Month Calendar Review and Other Opportunities: Luke will work on a change to the November 2018 meeting because it is the night before the Thanksgiving Holiday and several NRAB members may have conflicts. Some items to note in the next few months are: • Cassie Archuleta will give an update to outdoor burning developments. Expectations are a summary of public outreach results and policy developments. • 2018 Building Code updates • Luke said that an invitation to the Parks Department remains open for October • 2019 NRAB Work Plan • City of Fort Collins Budget analysis of (un)funded offers • Fort Collins electric rate increases and “time of day” options enacted n proposals for rate increases to address funding deficiencies. c. Additional Announcements: Luke Caldwell said that Liz Pruessner, Vice President of the Fort Collins Audobon Society wanted to know if any NRAB members would be interested participating in their West Nile Virus Committee. Danielle Buttke said she was interested, and Lindsay Ex will forward contact information. NATURAL RESOURCES ADVISORY BOARD REGULAR MEETING 9/19/2018 – MINUTES Page 7 9. ADJOURNMENT Meeting Adjourned at 8:02 PM