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HomeMy WebLinkAboutLand Conservation And Stewardship Board - Minutes - 02/08/2023 Land Conservation & Stewardship Board Regular Meeting | 1745 Hoffman Mill Road February 8, 2023 Members: Andrea Elson, Chair Cole Kramer, Member Ross Cunniff, Vice Chair Elena Lopez, Member Denise Culver, Member Scott Mason, Member Holger Kley, Member Joe Piesman, Member 2/8/2023 – MINUTES Page 1 1. CALL TO ORDER: Meeting was called to order at 5:31 p.m. 2. ROLL CALL: Andrea Elson, Ross Cunniff, Elena Lopez, Cole Kramer, Joe Piesman, Scott Mason, Holger Kley Excused: Denise Culver NAD Staff: Katie Donahue, Matt Parker, Julia Feder, Justin Fredrickson, Bernadette Kuhn, Kate Rentschlar, Rachel Steeves, Zoë Shark 3. COMMUNITY PARTICIPANTS: Ellis Carpenter 4. AGENDA REVIEW: Vice Chair Cunniff requested Katie Donahue report on Council action regarding Draft 1041 Regulations. 5. APPROVAL OF MINUTES: Member Kley requested minor change to January 11 minutes. Member Piesman made a motion to approve the January LCSB meeting minutes with requested change. Chair Elson seconded the motion. The motion was unanimously approved 7-0. 6. ACTION ITEMS: Annual Election of Board officers Chair Elson opened the election process by thanking the LCSB for letting her serve as Chair the past year, and Vice Chair for two years. While she would have been happy to continue as Chair if the LCSB was inclined, she needs to remove herself from consideration and looks forward to continuing serving as a board member. She then invited discussion and nomination for a new Chair. Vice Chair Cunniff thanked Andrea for guiding the LCSB through some complicated discussion. Member Piesman also thanked Andrea for her leadership. Joe Piesman a motion to nominate Ross Cunniff as LCSB Chair. Member Mason seconded the motion. Ross Cunniff accepted the nomination. The Board approved the motion unanimously, 7-0. Chair-elect Cunniff then asked for member interested in serving as Vice Chair, explaining the role requires and additional hour each month reviewing upcoming agenda and leading meetings in the absence of the Chair. DocuSign Envelope ID: F3977EFE-C495-4565-90B9-E320948A3233 Land Conservation & Stewardship Board Regular Meeting 2/8/2023 MINUTES Page 2 Vice Chair Cunniff made a motion to nominate Scott Mason as LCSB Vice Chair. Scott Mason accepted the nomination. The Board approved the motion unanimously, 7-0. Spring Canon Waste Way Ditch Matt Parker, Senior Supervisor Resource Management began by introducing Justin Fredrickson, Agricultural Technician II, highlighting his integral role in the department’s conservation agriculture efforts and his knowledge of Natural Areas water operations. Matt Parker then provided a brief background of the Spring Canon Waste Way Ditch and the rationale for incorporation. The Natural Areas Department became a 2/12ths owner of the Spring Canon Waste Way Ditch and its water rights with the acquisition of Eagle View Natural Area in 2002. The other 10/12ths are owned by four others along the Ditch. Unlike most ditches in the region, this Ditch is not “incorporated.” This means that its owners own fractional interests of the Ditch and water right. This makes coordination for work on the Ditch cumbersome because work on the Ditch must generally be approved by all of the owners. The City and other owners would like to make an administrative change to a ditch company to help address these challenges. Matt Parker shared map with the LCSB to both locate the ditch and point out it does not come off the river or creek, rather it is formed by natural seepage and from other wastewater. It flows generally south each across Eagle View Natural Area. Discussion Vice Chair Cunniff asked if there was any water quality issue, i.e., nitrates or phosphates, since the source of water is primarily run-off. Matt Parker stated he is not aware of any issue. He then confirmed for Member Piesman there is no input to the ditch from the Larimer County landfill outflow. Matt Parker and Justin Fredrickson listed the other fractional owners as Island Lake Marine, Forestar Development and Southwinds Ranch. Several Board members asked about potential risks associated with incorporation and the potential for Natural Areas’ interests being overruled. Matt Parker stated the risk is small because fractional owners act on their own behalf while company members are obligated to act on behalf of the ditch. In response to Vice Chair Cunniff’s concern about bank maintenance, Matt Parker explained the ditch is largely free of trees as it runs along Eagle View, but that Natural Areas would ardently protect the trees on the west side of the property. Justin Fredrickson noted the added benefit of liability protection as a company member. Member Kramer asked if there was any opportunity with this ditch to add to in-stream flow of the Poudre River. Matt pointed out the terminus is at the Arthur Ditch, so no direct connection to the river, but he was not sure. Matt pointed out that Natural Areas is interested in securing water rights that make economic sense and are tied to natural areas managed land. DocuSign Envelope ID: F3977EFE-C495-4565-90B9-E320948A3233 Land Conservation & Stewardship Board Regular Meeting 2/8/2023 MINUTES Page 3 Member Piesman made a motion that the Land Conservation and Stewardship Board recommend the City to pursue the incorporation of the Spring Canon Waste Way Ditch, including conveying the city's interest in the ditch and water rights in exchange for shares in the ditch company. Chair Elson seconded the motion. The motion was approved unanimously, 7-0. Discussion 7. DISCUSSION ITEMS: Environmental Learning Center Project update Bernadette Kuhn, Senior Environmental Planner reminded everyone of her appearance before the LCSB in April 2022 and this evening’s presentation was to provide an update on the project. Bernadette Kuhn first acknowledged the hard work of the many people contributing to the project including river engineers, ecologists, and partners at Colorado State University. She then led LCSB through an overview of the in Poudre River in-stream flow project located at the Environmental Learning Center starting with a brief description of the project and sharing a map showing project location. Bernadette stated the project, about 20 years in the making, began construction in November 2022. The design of the replacement diversion structure incorporates innovative, low-impact design and river restoration techniques that have never been used before on the Poudre River. The diversion structure consists of a low-impact riffle crest made of low-lying boulders that allow for sediment transport and fish passage, along with a headgate and pipe. The project also incorporates floodplain connection, large wood structures, native fish refugia pools (partner with Colorado Parks and Wildlife), and brush trenches to improve river health and wildlife habitat. Bernadette Kuhn reported it's the first in-stream water right in the state of Colorado. Even though it's a fairly junior right it is senior to the Northern Integrated Supply Project (NISP) and the City of Thornton. It legally prevents NISP, the City of Thornton, and others from diverting, on average, approximately 10,000 acre-feet of water per year from the Poudre River. The stream flows associated with the City’s instream water right are valued at approximately $220 million. Colorado water law decrees the right must be diverted which explains the project diverting water into the relic channel for about ¾ mile to benefit wildlife, fish, and habitat. Bernadette Kuhn pointed out the Poudre River is over-allocated with major dry out points, and in the fall, there is little to no water flowing at the ELC. The City and the Natural Areas are committed to finding solutions with partners in the region on how to address the overallocation including operational timing to increase flows in the river. Bernadette Kuhn described the how refugia pools will support the Plains Topminnow, identified as species of concern by CPW. She briefly reviewed the metrics used to measure the success and failure of the project. Staff identified twenty-three different metrics and intends to monitor the project for ten years. The channel work is scheduled for completion in April 2023, before the spring run-off occurs. Bernadette Kuhn invited the LCSB to tour the site and join the volunteer planting event. DocuSign Envelope ID: F3977EFE-C495-4565-90B9-E320948A3233 Land Conservation & Stewardship Board Regular Meeting 2/8/2023 MINUTES Page 4 Discussion Vice Chair Cunniff inquired about the opportunity for interpretive signage in partnership with CSU regarding the Topminnow. Bernadette Kuhn replied yes, and the project team is currently working on the specifics of the refugia pools as they have never before been implemented on the Poudre River. Member Kley asked about the riffle crest diversion structures. Bernadette Kuhn explained there is one the Yampa River built for The Nature Conservancy that was the model for this project. The team was looking for a design that allowed for fish passage and sediment transport but also raised the water level to facilitate the diversion. Member Kley thought CSU Civil Engineering students would be interested this design. Member Piesman asked if CSU fish biologist were involved, and he would be interested in before and after data. Bernadette Kuhn stated CSU Professor Chris Myrick was a member of the project team. Dr. Myrick has a twenty-year data set from the mouth of the relic channel. He will continue monitoring for as long as possible. Chair Elson asked the if metrics would inform adaptive management or were tool to understand change over time. Bernadette Kuhn replied the metrics served both purposes. Some metrics evaluate things like site safety during construction and others can guide ongoing adaptations, i.e., the Topminnow pools. Chair Elson and Member Kramer asked if establishing a baseline data for this project in 2023 would help assess the impact of the NISP in 2033. Bernadette explained that level of assessment would occur at a river reach scale using the River Health Assessment Framework tool and the ELC site would be a piece of that. Member Piesman stated this project was an innovative way to maintain the water right. Poudre River Zone update Kate Rentschlar, Environmental Planner, reminded the LCSB of the April 2022 presentation on the Poudre Zone Update when the team was in the discovery phase of the process. Kate acknowledged the other project team members, Jen Shanahan, Watershed Planner and Kristy Bruce, Environment Planner. She then provided the LCSB with an outline of her presentation before describing the Poudre River Zone. Kate noted that overall, the zone is characterized by high ecological value but is also high in visitor use. Since the last presentation to LCSB, staff has collected information, gathered details, spent time in the field, met with key conservation groups, and reviewed NAD existing data, plans and polices to ensure the zone update connects with the City’s Strategic Plan. Staff conducted robust outreach to ascertain how the community felt about NAD management along the Poudre River. Member Piesman asked how staff engaged with 300 people. Kate explained the various modes of gathering public feedback including on-line survey, trailhead tabling and community events. The project team used the information compiled to develop conservation and people priorities for the zone update. These priorities will guide the department’s management efforts in protecting and sustaining the resources in the Poudre River Zone. Kate then guided LCSB through the two set of priorities. The conservation priorities are ecological processes, plant or animal communities, and species that require protection, monitoring, and maintenance to sustain a functioning, healthy, and resilient river ecosystem. These priorities use a holistic approach to a healthy river ecosystem. Kate emphasized the plan focuses on attracting and maintaining native species. The people priorities are community needs in the Poudre River Zone while ensuring protection for ecological resources. Addressing these will enhance the DocuSign Envelope ID: F3977EFE-C495-4565-90B9-E320948A3233 Land Conservation & Stewardship Board Regular Meeting 2/8/2023 MINUTES Page 5 visitor use experience. Creating a safe and welcoming atmosphere allows all community members to care for natural areas and be part of protecting conservation values. Member Kley asked if staff has a clear concept of how to prioritize the conflict of conservation and visitor use. Julia Feder explained ranger staff manage the day-to-day responsible and safe visitor use. The Poudre Zone update project team is evaluating how to guide users away from fragile or protected habitat and identifying areas along the river for appropriate visitor use. Katie Donahue explained staff has an effective tool, Impact Decision Framework (IDF), to guide robust staff conversation around potential impact. Julia reiterated the conservation priorities serve as a lens for making decisions about how we help to manage and navigate the people component using the river too. Member Lopez asks why education is not a distinct category for people priorities; can it be separated out to educate the community about respecting the natural environment and each other. Both Kate Rentschlar and Julia Feder explain education is wrapped into many of the priorities. The project team is refining the list of tactics and will share the final draft with the LCSB for feedback. Kate Rentschlar then shared a few example tactics for each set of zone priorities and emphasized conservation is still the department’s highest priority. Kate Rentschlar walked the LCSB through the next steps in the process. The draft plan is schedule to be completed this spring followed by a public review including with the LCSB. Ongoing public feedback will be incorporated into the final plan published in the fall. Discussion Member Kramer observed the Poudre Zone update as a 10,000-foot view of a specific corridor and the priorities that inform the tactics which can be brought to bear on specific natural areas. And in that way, staff is planning for conservation and people priorities in a given locale. Kate agrees and states it will be clear when LCSB has an opportunity to review the draft tactics. Member Lopez reiterated her opinion that education/stewardship should be a people priority. Member Kley asked if the people priorities have been seen by LCSB before. Kate explained this is the first time. The priorities were developed around conservation after the gathering of information, data, public outreach, and consulting with department subject matter experts; developing priorities was a highly iterative process. Member Piesman lists the many times staff has presented to LCSB about the river: River report card, River Health Assessment Framework, NISP and now with the Poudre Zone Update. He stresses the priority of keeping water in the river. Katie Donahue and Julia Feder explain how the zone planning process allows for adaptive management and adaptive planning. Julia Feder cites the community's needs today are different than in 2012 when the Poudre River plan was last updated. The zone planning process allows staff to adapt to new concerns, opportunities or priorities and introduce them into the existing management cycle. Chair Elson asked for clarification of the Goals and Objectives. Julia Feder explained these are master plan level items while the tactics are tailored to the specific zone update. Julia reminded the LCSB the Master Plan is a visionary document that establishes boundaries and priorities DocuSign Envelope ID: F3977EFE-C495-4565-90B9-E320948A3233 Land Conservation & Stewardship Board Regular Meeting 2/8/2023 MINUTES Page 6 that reflect the ballot language and interests of the community. The Zone Plans are much more action focused. Member Kley asked how staff arrived at the Visitor Use Priorities of fishing, wayfinding, and watercraft recreation. Kate Rentschlar clarified these are items staff want to know more about to inform tactics. Member Kramer thought it would be helpful to include a glossary in the final plan and perhaps brief presentation to the LCSB. Member Piesman recounted there has been a lot of restoration along the river and asked how that fits into the Poudre Zone plan. Kate Rentschlar confirmed there are draft tactics for restoration in a few of the river sites: ELC, Cottonwood Hollow, and collaboration upstream of College Avenue. Julia Feder followed to state there are tactics around monitoring, including previously restored sites. Member Lopez asked if there will be a report to document if the plan is effective. Julia Feder explained the department produced a summary of how planning changed in the Mountain to Plains zone based on public engagement, and zone update highlights will be included the NAD Annual Report. Member Lopez also stated she would like to see budget and costs included the zone plans. Julia Feder explained budgeting is part of the BFO offer. Member Kley had several questions regarding public engagement and asked if the survey results were representative of the Fort Collins population. Staff and LCSB engaged a thoughtful discussion about survey instruments, data collection and analysis. Staff recognizes the challenges in engaging with people where they're at, not just those visitors at sites where surveys were conducted. Julia Feder stated the importance of a statistically valid survey for the Master Plan; one that is reflective of the community. She acknowledged there are trade-offs at the zone planning level when seeking targeted feedback. Member Kley noted the survey results don’t reflect a representative sample of the population but states it could be due to small sample size or respondents not disclosing race or other demographic data. Vice Chair Cunniff commented that people participating in the survey are likely already engaged with Natural Areas and a self-selecting population, which can skew the results. Katie Donahue stated the survey is just one piece of the feedback information to staff. Staff conversations with the LCSB, the Indigenous community, and other groups also informs the planning process. Board Retreat Vice Chair Cunniff opened the discussion for a retreat stating it would be an opportunity for the LCSB to prioritize its work plan and proactively identify topics within their Charter they would like to address during regular monthly meetings. LCSB members agreed the retreat should be separate from the regular monthly meeting. Vice Chair Cunniff will coordinate possible dates and location, and possible use of a facilitator with Katie Donahue, and report options back to the LCSB. DocuSign Envelope ID: F3977EFE-C495-4565-90B9-E320948A3233 Land Conservation & Stewardship Board Regular Meeting 2/8/2023 MINUTES Page 7 8. BOARD UPDATES Bicycle Advisory Committee Member Mason shared highlights from the most recent BAC meeting. The Spin Annual Report summarized the shared e-scooter and e-bike program in Fort Collins. The report included use data as well as identifying areas needing improvement. There is City-wide concern regarding where devices are being parked. Dedicated parking for the devices is being explored. Member Mason suggested the Downtown Development Association make a recommendation of locations to the City rather than the other way around. He also shared a brief overview of the Active Modes Infrastructure Plan. Much of the planned work is for resurfacing, continued work on isolating bikes from vehicle traffic, and infrastructure implementation. He listed the various funding sources for the projects including Bloomberg Initiative for Cycling Infrastructure (BICI) Grant. Member Mason announced the annual Winter Bike to Work Day is Friday, February 10. He informed the LCSB the February BAC meeting has been cancelled in lieu of a joint meeting with the Transportation Board on February 15th, and the Transportation Projects Fair will be held at the Senior Center on February 23rd. 9. DEPARTMENT UPDATES Draft 1041 Regulations Katie Donahue confirmed the LCSB Memo on Draft 1041 Regulations was received by Council and included in the January 19 packet. Staff will work to be more strategic with timing of submissions relative to corresponding Council work sessions and regular meetings. Council decided to table the First Reading on the Draft 1041 Regulations to allow City staff opportunity to integrate feedback into the draft document. This may lead Council to extend the Moratorium. Kirk Longstein, Senior Environmental Planner offered to come back to LCSB with updates. Natural Areas easement process Katie Donahue shared with LCSB that an important aspect of the natural areas management process is vetting of easement requests. Only a handful of those proposals are brought to LCSB for review. As an example, Katie Donahue described a recent easement request in which a private entity wanted to use Natural Areas as a point of access to conduct boring. After Tawnya Ernst shared the screening process and department requirements with the applicant, the easement request was withdrawn. Staff is looking to continually improve the process as well as consider some shorter-term authorizations instead of easements. 30th Anniversary Katie reported the first trivia night at Horse & Dragon was a blast. A second trivia night at Horse & Dragon is schedule for February 22. The registration is full, if interested in attending, please sign up on the waitlist and email Katie. Northern Water repair work Northern Colorado Water Conservancy District is conducting repair work along the Dixon Canal adjacent to Maxwell Natural Area. All of the work is contained within their property. DocuSign Envelope ID: F3977EFE-C495-4565-90B9-E320948A3233 Land Conservation & Stewardship Board Regular Meeting 2/8/2023 MINUTES Page 8 Former Hughes Stadium site There will be additional public engagement before bringing land use options to the Council work session of March 14, including another survey to garner more specific response 10. ADJOURNMENT The meeting was adjourned at 8:12 p.m. Ross Cunniff, Chair Date DocuSign Envelope ID: F3977EFE-C495-4565-90B9-E320948A3233 3/13/2023