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HomeMy WebLinkAboutLand Conservation And Stewardship Board - Minutes - 01/11/2023 Land Conservation & Stewardship Board Regular Meeting | 1745 Hoffman Mill Road January 11, 2023 Members: Andrea Elson, Chair Joe Piesman, Member Ross Cunniff, Vice Chair Elena Lopez, Member Cole Kramer, Member Holger Kley, Member Denise Culver, Member Scott Mason, Member 1 /11/20 2 3 – MINUTES Page 1 1. CALL TO ORDER: Meeting was called to order at 5:30 p.m. 2. ROLL CALL: Cole Kramer, Holger Kley, Andrea Elson, Ross Cunniff, Elena Lopez, Joe Piesman, Scott Mason, Denise Culver NAD Staff: Katie Donahue, Tawnya Ernst, Julia Feder, Alynn Karnes City Staff: Richard Thorp, Water Program Manager, Jill Oropeza, Utilities Water Quality Services Director 3. GUESTS: Councilmember Kelly Ohlson 4. AGENDA REVIEW: No changes to the agenda 5. APPROVAL OF MINUTES: Member Lopez submitted suggested changes to the Minutes. Member Piesman made a motion to approve the December LCSB meeting Minutes with changes submitted by Member Lopez. Member Culver seconded the motion. Members Kley and Mason abstained. The motion was approved 6-0. 6. WELCOME NEW BOARD MEMBERS Chair Elson invited Councilmember Kelly Ohlson to welcome new members Holger Kley and Scott Mason to the LCSB. Councilmember Ohlson briefly described his experience as a member of both the LCSB and City Council, including his current role as Council liaison to the LCSB. He affirmed his willingness to attend any LCSB meeting for any reason but is otherwise a “hands -off” liaison. He expressed a desire to informally meet with the LCSB leadership sometime this year. He encouraged the new members to not lose sight of the funding roots of the Natural Areas which is citizen-initiated. He reiterated the main the objective of the Natural Areas Department is land conservation. He stressed it is not a parks program, it is a natural areas program with the fundamental mission of land conservation. It is his belief that land conservation decisions made during the next 1-15 years will impact the subsequent 50-100 years as undeveloped land becomes unavailable and/or unaffordable. He reminded all members of the importance of their role as advisors to staff and Council. He noted there will be times when the conversations will be uncomfortable, and board members might disagree with staff and with each other; do not be hesitant to push back when it’s appropriate. Councilmember Ohlson also stated he would like to see a 5–10-year plan from LCSB to place conservation DocuSign Envelope ID: 2880D90C-E72C-47EC-9AC8-B1FED1DADBE4 Land Conservation & Stewardship Board Regular Meeting 1/11/2023 MINUTES Page 2 easements on most, if not all, Natural Areas as an added layer of protection against future pressure on those lands for things for which they were never intended. He asserted it is time to end the practice of Natural Areas being the default choice for utility and development easements. He restated the ultimate use of natural areas is for habitat, and for the wildlife, plants and animals that live there. Councilmember Ohlson reported that he is working with the Clerk’s Office to fill the remaining board vacancy within the next couple of months. Because Council elections are moving to November, Board appointments may move to spring. Although the future process for applications and appointments to Boards and Commissions is not yet settled, it is his opinion the LCSB cannot afford to wait until April-May of 2024 to fill the vacancy. Katie Donahue noted she has received several inquiries and will share the application process and dates when they are finalized by Clerk’s Office. Councilmember Ohlson closed his comments by emphasizing the benefit in submitting feedback to Council early and often, preferably before the work session on the related topic. He advised the LCSB to submit a memo more than once if needed as work sessions might occur months before Council voting. Chair Elson thanked Councilmember Ohlson for his support and comments. At the request of Chair Elson, each board member briefly introduced themselves. 7. ACTION ITEMS Urban Lakes Water Quality Management Policy and Guidance Richard Thorp, Watershed Program Manager explained the Water Quality Management Policy is meant to be a framework for the City's urban lake's water quality operational management decisions and is restricted to City owned lakes within the Fort Collins Growth Management Area (GMA) and specifically excludes private lakes. The Guidance is meant to be a technical resource to support City staff in implementing the policy. Because the Guidance will be available to the general public, it may be useful for private lake management as they face similar water quality issues. Richard clarified the Guidance is not meant to serve as a prescriptive plan across the City’s lakes. His brief presentation covered the project background, scope, and timeline milestones. He reported the draft policy was informed by community engagement including subject matter experts, and feedback from advisory boards and commissions. He noted the cross-department team processed the previous feedback from the LCSB gathered during the September 2021 meeting. The policy was drafted during a series of focused meetings and facilitated workshops. Richard Thorp described the types of community outreach conducted at targeted lakes which was used to better understand the community’s concerns around water quality and how the community was using the urban lakes. The project team was intentional in gathering diverse perspectives and was guided by demographic vulnerability indicators including housing stability and income and education levels. Outreach efforts were administered in English and Spanish. The main takeaway for the team was the DocuSign Envelope ID: 2880D90C-E72C-47EC-9AC8-B1FED1DADBE4 Land Conservation & Stewardship Board Regular Meeting 1/11/2023 MINUTES Page 3 community truly treasures these resources as opportunities for recreation, to view wildlife and the existence of wildlife habitat. The community’s water quality concerns were algal blooms, fish kills and odors. Richard Thorp closed his presentation with a high-level overview of the major elements of the policy. He will be meeting with additional advisory boards and commissions and seeking a formal motion from each to recommend City Council adopt the Policy. The project team anticipates City Council will adopt the Policy during Q1 or Q2 of 2023. After the policy has been adopted, the Policy and Guidance will be finalized. Discussion Vice Chair Cunniff noted the policy is focused on water quality, not erosion or other impacts. He asked if the project team had considered using bellwether species as an indicator of water quality. As an example, he stated a decline in amphibian population can be an early indicator of a problem. Richard Thorp responded by pointing to the Best Management Practices (BMPs) included in the Guidance which takes a different approach: monitoring for invasive or problem species as indicators. Member Culver voiced concern that restoration is not included in the Guidance. She stated she always considers restoration when looking at lakes and ponds, and preventative measures to avoid algal blooms and problem species. She noted, given the community’s high value in wildlife and habitat, this seems like a missed opportunity to include restoration goals. Member Culver also spoke about impact of homeless camps in watershed and potential water contamination. She acknowledged the City and non-profit organizations are addressing the homeless issue but wanted to recognize the health and safety risks associated with transient camps. Richard Thorp reported the homeless issue did not come up during outreach, although there was concern regarding trash and discarded fishing line. Richard explained the BMPs are focused on mitigation and/or risk reduction of existing impacts like algal blooms. The development of a water quality management plan could address restoration including the buffer zone adjacent to a lake but that falls outside of the scope of this project. Member Piesman asked what are the BMPs for keeping something like Duck Lake from happening. Richard Thorp pointed out that most of the lakes in Fort Collins are shallow and man-made; and as they age are prone to certain water quality issues like accumulation of nutrient load and sediment build up. Mitigation buffers, controlling nutrient load, and flow- through would help to prevent these kinds of issues occurring at Duck Lake. He restated BMPs are focused on dealing with existing issues. Member Kramer commented that the Guidance seems to address lakes in isolation. He asked if recommendations could be added to the appendices to communicate with adjacent landowners and to utilize basin analysis mapping to determine pollution/contamination sources. Vice Chair Cunniff supported Member Kramer’s comments to add a recommendation to develop relationships with surrounding property owners and use mapping tools to inform future policy. Richard Thorp explained budget limitations prevented the project team from doing a land use or basin analysis to understand risk factors that can contribute to water quality issues. He supports preemptively partnering with landowners to mitigate risk factors but stressed this would be a department management decision. DocuSign Envelope ID: 2880D90C-E72C-47EC-9AC8-B1FED1DADBE4 Land Conservation & Stewardship Board Regular Meeting 1/11/2023 MINUTES Page 4 Member Kley asked for the definition of “one water approach.” Richard Thorp explained it is a collaborative planning and implementation approach; an inter-departmental process as well as reaching out to subject matter experts and the general community. Member Kley followed by asking if there are different management recommendations since the lakes may serve different purposes for Parks, Natural Areas, and Utilities. Richard Thorp stated the project team intentionally separated the lakes into different bands to avoid false comparisons and to recognize the different uses. Chair Elson appreciated information gathered from multiple sources and asked for clarification as to the function of the Guidance. Richard Thorp explained it is meant to serve as a guiding resource for staff and is not a prescriptive tool; it is a resource for starting a management process. Member Kramer suggested the general public or those with less technical knowledge might benefit from a flow chart to correctly apply BMPs. Richard Thorp understood the interest, but the project team decided it would do more harm than good. Member Piesman reminded everyone of the impact of global warming, and the need to consider rising temperatures and declining rainfall when updates are made to the Guidance document. Several members asked about baseline and/or ongoing monitoring of every lake to understand what is going on. Richard Thorp referred to the Guidance as starting point for City departments to develop a management policy for their respective lakes and ponds. While the project team is supportive of regular sampling, this action would fall under specific management plans adopted by individual departments. Member Culver asked if sampling requirements to establish a baseline could be added to the motion. Jill Oropeza explained the policy is not a management plan for any lake; it is a framework to address water quality within the GMA. Monitoring and sampling would be part of management plans developed by individual departments. Member Lopez asked if PFAS are included in the Water Quality Issues Database (Guidance, Attachment 6). She voiced concern about potential run-off into urban lakes, especially given the recent and extensive fire-fighting activities in Colorado. Richard Thorp answered they were not on the list but agreed to add them. Vice Chair Cunniff reminded the LCSB their concerns, as recorded in the meeting minutes, would be shared with Council. Chair Elson restated the requested motion is for the Policy only, not the Guidance. Member Piesman made a motion that the Land Conservation and Stewardship Board advise Council to approve the Water Quality Management Policy for City urban lakes and stormwater basins in the Growth Management Area. Member Kramer seconded the motion. Vice Chair Cunniff amended the motion to include: the Land Conservation and Stewardship Board recommends that Council fully fund all of the proposed management actions that are recommended in the policy. Member Kramer seconded the amendment. The motion and amendment were approved unanimously, 8-0. DocuSign Envelope ID: 2880D90C-E72C-47EC-9AC8-B1FED1DADBE4 Land Conservation & Stewardship Board Regular Meeting 1/11/2023 MINUTES Page 5 LCSB Annual Report Chair Elson asked the LCSB if they had any changes to the Annual Report before seeking a motion. Vice-Chair Cunniff made a motion to approve the Annual Report as presented to submit to Council. Member Kramer seconded the motion. The motion was approved unanimously 8-0. 1041 Regulations Chair Elson opened the discussion by asking Members Kley and Mason if they would like some background information on the LCSB response to the City’s 1041 Regulations process. She shared the previously submitted 1041 memos with Board members prior to the meeting. Vice Chair Cunniff offered to lead LCSB through a brief discussion of each of the memos submitted to Council. He stated the impetus for the initial memo urging Council to consider 1041 Regulations was Northern Colorado Water Conservancy District’s proposal to run components of the Northern Integrated Supply Project through the City’s natural areas; the City lacked a regulatory framework to address the project. Member Piesman emphasized it was Councilmember Ohlson’s efforts, as then Chair of the LCSB, that brought 1041 to Council’s attention. Member Kramer stated the “Dakan” report (Colorado Local Governments’ Use of 1041 Regulations by Audrey Dakan) provided a great baseline understanding of 1041 powers. Vice Chair Cunniff said it is his understanding that Council initially approved examining a broad application of the regulations and the moratorium covered the entire city, except gas and electric utilities. Since that time, the Draft 1041 Regulations have been narrowed to cover specific geographic locations and project size, and advisory boards, including LCSB and outside organizations such as Sierra Club have been urging the City to go back to the original intent. Member Lopez echoed Vice Chair Cunniff’s comments that the latest draft is very different than what was originally proposed. It is especially difficult to follow the changes and proposed thresholds in the draft without access to any actual language. Member Kramer asked about potential overlap or conflicts of the updated Land Development Code and proposed 1041 Regulations. Vice Chair Cunniff then guided LCSB through the working group feedback and their recommended changes to the draft regulations. LCSB carefully reviewed the draft memo prepared by Vice Chair Cunniff and Member Lopez. LCSB discussed each item of the 1041 Regulations Recommendation memo and edited for clarity. Vice Chair Cunniff noted there may be changes to the draft 1041 Regulations the LCSB would want to address prior to Council’s first reading. It may be necessary to revise, amend or draft a new memo to submit to Council. Member Lopez asked about sharing the memo with other advisory boards. Vice Chair Cunniff explained LCSB can recommend Council to do so. Member Piesman reminded everyone they can address Council as individuals, not representing the LCSB. DocuSign Envelope ID: 2880D90C-E72C-47EC-9AC8-B1FED1DADBE4 Land Conservation & Stewardship Board Regular Meeting 1/11/2023 MINUTES Page 6 Member Piesman made a motion that the Land Conservation and Stewardship Board approve the memorandum to City Council regarding the draft 1041 Regulations. Member Kramer seconded the motion. The motion was approved unanimously 8-0. 8. BOARD UPDATES Bicycle Advisory Committee (BAC) Chair Elson thanked Katie Donahue for providing the BAC background information in the packet. She stated the City requirement that a member of the LCSB serve on the BAC. She noted that Mike Weber served the last couple of years and Member Piesman was on the committee prior to Mike Weber. When asked by Chair Elson if any current members were interested, Member Mason volunteered to serve. The LCSB voiced agreement that he would be an excellent representative. 9. DEPARTMENT UPDATES Katie Donahue, Director, Natural Areas RESTORE Grant update Katie Donahue reported the planned aerial treatment for this past fall did not happen due to weather, but staff was able to complete the pre-monitoring requested by the LCSB. Staff did not find any bodies of water that would be impacted in the treatment area. The resource management staff is waiting for the next application window that's appropriate for the lifecycle of the plant and good weather. She stated there is specific timing for treating cheatgrass but did not know if staff would be able to do so in the Spring. Chair Elson and Vice Chair Cunniff asked if the grant funds would roll over to the next year; if the funds were issued directly and needed to be reappropriated. Katie will check with Barb Brock, Financial Analyst, and report back. 30th Anniversary Natural Areas is continuing its year-long celebration of the 30th Anniversary. Registration is full for the trivia night on January 18th at Horse & Dragon, but the venue will be open to the public for anyone interested in attending but not participating. There will be a second event held at Horse & Dragon in February, as well as additional community events throughout the year. Staffing Update The announcement for two ranger positions are about to be posted. Vacancies are the result of one retirement and one transfer to Police Services. Katie Donahue encouraged LCSB members to share the position announcements. Katie also reported that Rhonda Peckham has assumed the Interim Ranger Supervisor duties. The interim position is the result of Rick Bachand’s retirement last summer. Rangers are also recruiting for Volunteer Ranger Assistants and Public Engagement is recruiting for Naturalist Assistants, both positions include required training. DocuSign Envelope ID: 2880D90C-E72C-47EC-9AC8-B1FED1DADBE4 Land Conservation & Stewardship Board Regular Meeting 1/11/2023 MINUTES Page 7 LCSB Vacancy Katie Donahue reported the City Clerk’s office is trying to establish a standardized cycle for Board recruitment. Natural Areas received inquiries from interested community members in response to social media posts. Katie will continue to monitor the process and provide updates to LCSB. 10. EXECUTIVE SESSION Member Kley made a motion that the Land Conservation and Stewardship Board go into executive session for the purpose of discussing with the City's appropriate management staff water and real property acquisitions. Member Mason seconded the motion. The motion was unanimously approved, 8-0. 7. ADJOURNMENT The executive session concluded at 8:27 p.m. and the regular meeting resumed. The meeting was adjourned at 8:29 p.m. Andrea Elson, Chair Date DocuSign Envelope ID: 2880D90C-E72C-47EC-9AC8-B1FED1DADBE4 2/12/2023