HomeMy WebLinkAboutNatural Resources Advisory Board - Minutes - 12/14/2016MINUTES
CITY OF FORT COLLINS
NATURAL RESOURCES ADVISORY BOARD
Date: Wednesday, December 14, 2016
Location: Colorado River Room, 222 Laporte Ave.
Time: 6:00–8:30pm
For Reference
Bob Overbeck, Council Liaison 970-988-9337
Katy Bigner, Staff Liaison 970-221-6317
Board Members Present Board Members Absent
John Bartholow, chair Drew Derderian
Katherine de Leon
Nancy DuTeau
Bob Mann
Elizabeth Hudetz
Luke Caldwell
Jay Adams
Harry Edwards
Staff Present Staff Absent
Katy Bigner, Staff Liaison, Environmental Services
John Stokes, Natural Areas Director
Susan Strong, Environmental Regulatory Specialist
Lucinda Smith, Environmental Services Director
Guests:
Wes Wilson, Be The Change, Colorado
Phil Doe, Be The Change, Colorado
John Anderson, Citizen
Jim Vassallo, Citizen
Tom Hoehn, Citizen
Joe Piesman, Citizen
Karen Speed, Citizen (Windsor)
Diane West, Citizen
Jim Blok, Citizen
Dr. Wendell Bradley, Citizen
Mark Duggan, Citizen
Ray Watts, Citizen
Janice Ward, Citizen
Barb DeFrancie, Citizen
James Speed, Citizen
Call meeting to order: 6:03 pm
Agenda Review: After Agenda Item 1
Approval of Minutes:
Harry moved and Luke seconded a motion to approve the November minutes as presented.
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Motion passed unanimously, 8-0 -0.
AGENDA ITEM 1— Running Deer Land Sale
John Stokes, Natural Areas Director, provided an overview of the considerations for the Running
Deer Natural Area Land Sale. This item will go to City Council for consideration on January 17.
John handed out maps of the Hageman Parcel in the Running Deer Natural Area.
City staff recommends selling 11.85 acres to Roger Hageman who has been leasing the land on two
consecutive 10 year leases for the past 20 years. The second 10 year lease is expiring. The City wants
to get out of the business of operating lease properties.
The Running Deer Natural Area is one of two (2) properties that has a commercial entity attached to
it. The other property is located by Fort Collins Nursery off of Mulberry.
The City has owned the Running Deer property for 18 years, Mr. Hageman has been there for 20
years. Conversations on selling the City property have been ongoing for a while.
If Mr. Hageman decides to sell the land in the future, the City has the Right of First Refusal to
purchase the property back.
The Land Conservation and Stewardship Board is opposed to the sale of this land.
Discussion/Q&A:
• Katherine asked if any composting can be done on the property.
o John said the land is restricted and composting cannot be done there.
• Harry asked if there have been discussion of continuing to lease property.
o John said they’ve talked about it for the past 18 years and continuing to lease the
property ties up the investment; City would like to utilize those funds on other
projects.
• Jay asked what happens if sale doesn’t go through.
o John said that they have not gotten that far in the selling process, so he didn’t have an
answer.
• Luke inquired about the cost of the lease?
o John did not know specifically, but estimated that it was in the $30,000 per year
range (in the most recent 10 year lease which is expiring).
• Luke inquired about the cost to the City to hold the lease.
o John said that it is nominal, but still ties up City resources.
• Elizabeth inquired if the future price was based on a formula; who owns the mineral rights;
and how does the ownership of the mineral rights fit into the sale.
o John doesn’t know who owns the mineral rights on the property and said it is likely
less than 50%, if any, owned by the City. Mineral rights are not typically sold.
• Elizabeth asked John to find out who owns the mineral rights.
• Nancy asked how Mr. Hageman was granted a long term lease 10 years ago.
o John said the City wanted Mr. Hageman to find another location 18 years ago; 8
years went by and he had not found another location. Council decided it was in the
best interest of the City to lease to Roger Hageman.
• Nancy asked if leasing this property to a private commercial business gives that business an
advantage over other business. The land is being protected. Does this mean that the City is
subsidizing this business?
o John said that lots of purchased properties come with existing leases.
• Jay noted that according to Mark’s memo, the land is reduced if lease continues.
o John said that the original 15 acres’ boundaries were redrawn to 11.85 acres. The
area outside of the new boundaries are not usable. The new boundaries do have to
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undergo restoration and if Mr. Hageman doesn’t comply, he will forfeit $10,000 bond
he had to guarantee.
• Bob asked about what happens if City refuses Right of First refusal upon Mr. Hageman’s
intent to sell the property. He asked if any consideration has been made by Council to have a
mandatory repurchase in place.
o John said property is currently zoned under Zone T which is pretty restrictive
regarding use and sale of the property.
• Luke asked about the length of the leases.
o John responded 10 years each.
• Luke said Roger’s (Hageman) concern was that the lease length hasn’t offered enough
stability to get the business settled.
o John responded that leasing the land to Roger is not a good use of funds.
• Jay and John Bartholow both reiterated that the City Staff is recommending sale of the land.
o John Stokes added that the Hageman Earth Cycle provides an important service to the
Community. It is the one major yard waste recycling facility in Fort Collins.
Guest Comments:
Ray Watts, Fort Collins Land Conservation and Stewardship Board Member– provided a handout to
the Board Members titled “Running Deer Natural Area – Proposed sale of a portion of the Natural
Area to Hageman Earth Cycle.” The handout outlined current considerations of the land; conflict of
interest ultimately leading to future development of that land; City reversing its position on restoring
Running Deer Natural Area; Running Deer is a unique habitat setting; Viewshed values and the
City’s fiduciary responsibility to hold Natural Areas land in perpetuity.
Joe Piesman stated the following:
1. Running Deer is one of the crown jewels of our natural habitats located this close to the
Poudre River. It should be saved and properly restored for our children and grandchildren.
2. We should protect as much of our natural areas as we can. This is a horrible precedent to sell
for commercial use.
3. This could be a hot corner for development. (Prospect makes him feel good as he enters Fort
Collins from I25 – seeing natural areas and green space.)
4. He requested that the Board consider preserving the Running Deer property because it
provides the only “Natural Gateway” to Fort Collins.
John Bartholow requested that someone make a Motion regarding the NRAB’s recommendation to
Council.
John Bartholow reminded the Board of a Draft of a Resolution he authored that stated that the City
should not be in the business of selling our Natural Areas.
Elizabeth made a Motion to recommend to deny the sale of the 11.85 acres on the Running Deer
Natural Area to Roger Hageman. Harry seconded the Motion.
The Motion passed – 7 in favor, 1 opposed.
AGENDA ITEM 2— Annual Update on MS4 Permit
Susan Strong, Environmental Regulatory Specialist, provided the annual update on the City’s
Municipal Separate Storm Sewer System (MS4) Permit. The stormwater requirements of the federal
Clean Water Act are administered under the MS4 program, which requires the implementation of a
stormwater management program for minimizing the impacts from runoff.
MS4 Permit authorizes discharge of stormwater through City pipes.
There are 5 Requisite Control Measures:
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1. Public Education and Outreach
a. WaterSHED (school-age program, 5000 to 7000 contact hours)
b. Stormwater Business Outreach (Think Outside the Lawn)
c. Storm drain marking
2. Illicit discharge detection and elimination (illegal dumping and spills)
3. Construction site stormwater runoff control
a. Currently over 100 active construction sites
b. Inspectors have logged over 1000 inspections this year
4. Post construction stormwater management - *maintained into perpetuity
5. Municipal Operations – City expects all City property to be clean (inspections are also done
on City property)
MS4 Permit Renewal effective July 1, 2016 for a 5 year period.
Municipal Code Changes – July 2019 to ensure it meets City’s new permit. (i.e. Dye testing, ag
runoff, dechlorinated pool, etc.)
New Requirements:
• Trash (through permit)
• Post Construction
• IDDE – January 2018 – map spills
• P2/GH Municipal Operations – July 2020 – includes nutrient source requirements
• Outdoor bulk storage requirement for secondary containment
City received the following awards in 2016:
• Water Environment Federation National MS4 and Green Infrastructure Awards
Gold Level – Program Management
Gold Level – Program Innovation
Discussion/Q&A:
• Jay asked if ditches are monitored.
o Susan said that they are not monitored, because the City does not own the ditches.
She believes that Stormwater maintenance crews sometimes work with the owners of
the ditches to address trash.
• Luke asked what might happen if the EPA and the State of Colorado relaxed the stormwater
regulations.
o Susan stated that the City can be more stringent in the implementation of its MS4
Permit than required by the EPA or the State. .
AGENDA ITEM 3—Overview of the Citywide Green Building Program and Activities
Wes Wilson and Phil Doe, education and outreach specialists on climate change and fracking with
Be The Change, Colorado, discussed the environmental implications of natural gas-fueled vehicles.
The presenters are formerly Senior Environmental Engineer with the Environmental Protection
Agency's Denver Office and US Bureau of Reclamation's Director of Irrigation Subsidies,
respectively.
• Use of natural gas is worse than diesel for the environment
• Fracked products produce only 7%
• Fracking can contaminate aquifers
• Widespread and toxic air emissions from drilling, pits, and condensate tanks
• NOAA – more than ½ VOC’s from fracked wells
• Natural gas is not a clean fuel
• NOAA – 4% leak rate in Weld County
• Cornell Study – 3.6% to 7.9% methane leakage rate; Harvard study – up to 12% leakage rate
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• Measurements used to be from the ground and are now measured via satellite
• Toxic air emissions are a public health concern – New York conducted 900 studies over the last 2
years and concluded 69% water harmed, 87% air toxic emissions, 84% harm to health
• Colorado health offices say fracking is safe. Governor Hickenlooper says fracking is safe.
• Natural gas vehicles harm climate more than diesel
Solutions to heavy duty truck emissions
• Replace old trucks with new EPA HDT compliant trucks or
• Using biodiesel from restaurants in its current trucks
Guest Comments:
• Lisa–30% increase in birth defects within 10 miles of well/ fracking.
• Janice Ward asked where Colorado is in getting production of natural gas. Phil Doe responded
that there is a steep decline curve and only 6-8% of resource is retrieved out of a well. He stated
that there is a big burst at the beginning and then it rapidly falls off.
• John Anderson asked how the life cycle is measured (when it is burned in vehicle?). Dr. Wendell
Bradley responded it is measured “well to wheels”.
• John Anderson said he doesn’t believe people think earth, air and water are sacred. City Council
should take this into account when making natural resource decisions.
• Jim Blok stated that he believes the oil industry is responsible for recent earthquakes, blow-outs,
etc. because the earth is shifting due to fracking and drilling.
• Wes Wilson said that 7% of new wells have leaks; 60% of older wells have leaks; and eventually
all wells will have leaks.
Discussion/Q&A:
• John Bartholow asked that the NRAB be provided with the slide presentation given by Be
The Change.
o Wes Wilson said he would provide presentation to Elizabeth.
ACTION ITEMS: Elizabeth will distribute Be The Change slide presentation to NRAB.
AGENDA ITEM 4—Other Business
Updates/ Announcements
• Jay requested that a presentation be made to the Board on ditches, ditch companies,
enforcement, regulation, etc.
• John Bartholow said he’d find someone on City Staff that can shed more light on regulations
or lack of regulations.
• Bob voiced concerns about contamination and trash in water in ditches.
• Luke gave update on Bicycle Advisory Committee
o No December meeting
o Had presentation on the Old Town Neighborhood Plan and Downtown Plan – focus on
transportation
o Luke may end up being Chair of the Bicycle Advisory Committee
• Luke would like a presentation of the Old Town Neighborhood Plan be presented to NRAB.
Celebration of Harry’s NRAB Membership
• Involved in NRAB for 8 years
• Accomplishments:
o Solid waste recycling facility
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o Climate Action Plan
o Energy (65% of homes in Fort Collins have radon problems
• Has applied to Air Quality Advisory Board – which is where he started his City Board
service.
Meeting Adjourned: 8:43 pm
Next Meeting: January 18, 2017
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