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HomeMy WebLinkAboutLand Conservation And Stewardship Board - Minutes - 04/12/2023 Land Conservation & Stewardship Board Regular Meeting | 1745 Hoffman Mill Road April 12, 2023 Members: Ross Cunniff, Chair Holger Kley, Member Scott Mason, Vice Chair Elena Lopez, Member Denise Culver, Member Joe Piesman, Member Andrea Elson, Member 4/12 /2023 – MINUTES Page 1 1. CALL TO ORDER: Meeting was called to order at 5:30 p.m. 2. ROLL CALL: Ross Cunniff, Scott Mason, Elena Lopez, Joe Piesman, Andrea Elson, Denise Culver. Holger Kley joined the meeting at 5:35 p.m. NAD Staff: Katie Donahue, Barb Brock, Matt Parker, Julia Feder, Tawnya Ernst, Kristina Ostrowski, Mary Boyts 3. COMMUNITY PARTICIPANTS: Rory 4. AGENDA REVIEW: No changes to the agenda. 5. APPROVAL OF MINUTES: Member Piesman made a motion to approve the March 2023 LCSB meeting Minutes. Member Elson seconded the motion. The motion was unanimously approved 7-0. 6. COMMUNITY PARTICIPATION Rory (no last name) reported seeing people working at the former Hughes Stadium site and stated it looked like a 5G tower was being erected. Katie Donahue explained that while there is an active sale and purchase agreement, Colorado State University (CSU) still owns the property and staff are unaware of such a project. Julia Feder stated it can be challenging to know the boundaries of Maxwell Natural Area and CSU property. There is an inholding at Maxwell that does have a cell tower which may be what the community member Rory described. Staff stated if the tower is on CSU property, the Natural Areas Department would not have been notified. The LCSB and staff thank Rory for his question. Katie reported later during the meeting that Sylvia Tatman-Burruss, Project Manager, City Manager’s Office, is not aware of a cell tower project, but there is a cell tower on the site. Sylvia Tatman-Burruss said she would look to find out if there's something else. DocuSign Envelope ID: 8F597AF2-32C3-478A-A296-B32E2810FFB8 Land Conservation & Stewardship Board Regular Meeting 4/12 /2023 MINUTES Page 2 7. ACTION ITEMS: Annual Appropriation of Prior Year Reserves Barb Brock, Financial Analyst II explained to the LCSB that funding for the Natural Areas Department (NAD) for purposes other than capital projects lapses each year if not spent. Unspent prior year funds and unanticipated revenues need to be appropriated into the following year’s budget before they can be used. The purpose of this item is to appropriate $12,102,550 in unspent funds and unanticipated revenues in the Natural Areas Fund to fund land conservation, restoration of wildlife habitat, trails and visitor amenities, special projects and other NAD needs to benefit the residents of Fort Collins. Barb Brock noted reappropriation is a routine annual process and the bulk of this year’s carry- over funds are for Land Conservation. She reported a reasonable likelihood that most of these funds will be spent in 2023 with over $10,000,000 in land acquisitions under negotiation. Barb Brock then provided a brief description of the remaining funds to be carried over to 2023 budget. She is requesting a recommendation from the LCSB to Council in support of the proposed annual appropriation of prior year reserves. Discussion Member Piesman asked if the Natural Areas required contribution towards the purchase of the former Hughes Stadium site had occurred. Katie Donahue clarified the City has not yet acquired the property and Barb Brock emphasized NAD has factored the potential costs into the Land Conservation budget. Member Elson asked if the total amount is similar to last year. Barb Brock replied yes and explained that most of the additional carry-over this year is due to unanticipated funds; Help Preserve Open Space tax revenue was higher than expected. Chair Cunniff stated that in the past Council has asked for an explanation as to why funds were not spent in the year for which the funds were appropriated; was this still a request from Council? Barb Brock explained the memo lists unanticipated use of funds for specific work groups/projects. Chair Cunniff reiterated it is the “why” funds were not spent that Council may ask about and staff should be prepared to answer. Staff assured the LCSB they are prepared to answer questions from Council. Member Kley asked if there was balance sheet for 2022 of funding and expenditures. Katie Donahue explained some revenue and expenditure information is published in the department’s annual report. She stated staff would consider making a presentation to the LCSB on department revenue and expenditures. Member Elson agreed it would be helpful to receive a refresher presentation. Member Elson made a motion that Land Conservation and Stewardship Board recommends that City Council approves the proposed 2023 appropriation of prior year Natural Areas reserves. Member Piesman seconded the motion. The motion was unanimously approved, 7-0. DocuSign Envelope ID: 8F597AF2-32C3-478A-A296-B32E2810FFB8 Land Conservation & Stewardship Board Regular Meeting 4/12 /2023 MINUTES Page 3 Draft 1041 Regulations Chair Cunniff opened the discussion by reminding everyone that the LCSB submitted a memo to Council requesting the Cache la Poudre River National Heritage Area be designated as an area of statewide interest under 1041 regulations. Katie Donahue stated the Poudre Heritage Alliance has offered to attend the May 10 LCSB meeting. Member Mason asked when changes are made to a draft ordinance after the first reading, is Council required do a first reading again. Chair Cunniff said it depends on how extensive the changes are and if the City Attorney deems it necessary. Member Piesman asked Chair Cunniff if any councilmembers have reacted to the LCSB recommendation on the Cache la Poudre River National Heritage Area. Chair Cunniff replied he had not seen any response from Council. Member Lopez stated enthusiasm for the presentation from the Poudre Heritage Alliance and asked if the last memo to Council regarding 1041 and Cache la Poudre River National Heritage Area be resubmitted. Chair Cunniff supported her request and asked that the January 11 memo on 1041 also be resubmitted for inclusion the May 2nd Council packet. Member Kley noted federal funding for the Poudre Heritage Alliance would expire in 2024. Katie Donahue assured him the funding had recently been reauthorized. Member Kley asked for clarification about the City’s 1041 powers relating to the portions of the Cache la Poudre River National Heritage Area outside of the City’s Growth Management Area (GMA). Chair Cunniff stated the state statute likely contains geographic restrictions. Member Piesman reminded board members they can comment as individuals (not on behalf of the LCSB) about the Cache la Poudre River National Heritage Area as an area of statewide interest at the May 2nd Council meeting. Future of Hughes Stadium site Chair Cunniff asked the board if they wanted to draft a memo on the proposed uses of the former Hughes Stadium site. Several members supported drafting a memo to Council at some point but expressed concern about the timing. Chair Cunniff stated the opportunity for the LCSB to help shape the conversation around proposed uses of the site. He explained that while there was high intensity use on the site with Hughes, humans have made mistakes and can do better. He is advocating for low intensity use, especially in proximity to existing natural areas. Member Piesman noted that because Council requested additional public input will not be making any final decisions any time soon. Member Piesman emphasized the importance of getting the opinions of the LCSB before Council but wants the advice to be timely. Katie Donahue provided a brief update from the City’s Manager’s Office (CMO) for the Future of Hughes Project. Currently, the CMO has stepped back to assess the feedback it has received to date and is planning the next phase of public engagement scheduled for this fall. This next phase will look quite different than the last round of public engagement with structured conversations with the community. There are no definitive dates set for the engagement, but likely between September and November. Member Elson asked if CMO and Kearns & West planned to present to Council their findings and seek guidance. Katie Donahue replied this DocuSign Envelope ID: 8F597AF2-32C3-478A-A296-B32E2810FFB8 Land Conservation & Stewardship Board Regular Meeting 4/12 /2023 MINUTES Page 4 occurred during a March Council work session where they were instructed to go back to the community for more engagement; Council was not in a rush to make a decision on potential uses. Member Piesman pointed out, if the City will be asking NAD to help fund the purchase of the former Hughes site, they probably expect input from the LCSB and NAD. The board should not be shy in expressing its opinions. Member Cunniff agreed and suggested the LCSB could continue to discuss this topic during the summer meetings. It would be useful for LCSB to suggest avenues of investigation for CMO and Council: fully consider public sentiment around the site, how much of the site should be natural areas, high vs. low intensity use, and the natural habitat focus of the PATHS outreach efforts, and to include overhead costs associated with proposed uses. Member Kley stated a need to address potential impacts on existing natural areas and the responsibility to protect those spaces. A concern for existing natural areas may justify making a statement to Council now. Member Piesman agreed habitat and ecology protection is the focused work of the LCSB but suggested waiting to make a recommendation to Council. Member Piesman urged Member Lopez to express her opinion. She voiced agreement with other board members; it is the existing habitat that needs protecting including the Maxwell- Pineridge wildlife corridor. She stated she has also heard from community groups about the human dimension of wildlife and the connection with nature and natural areas. The LCSB agreed to continue developing their future recommendation to Council on the proposed uses of the former Hughes site. 8. DISCUSSION ITEMS: Board Retreat Chair Cunniff opened the discussion by stating the two items to be decided on were the date and content of the retreat. Prior to the meeting, staff polled the LCSB members with April 28 or May 19, 3:00pm-6:00 pm being the preferred dates. After further discussion, the LCSB agreed to either date, to be determined by Chair Cunniff in consultation with Katie Donahue. Chair Cunniff expressed interest in helping the LCSB prioritize its work plan. He asked Member Elson what was covered in previous retreats, what content did the LCSB consider. Member Elson said, other than general work plan topics, conservation easements on natural areas was a recurring topic. Julia Feder explained a discussion of conservation easements might be better suited to a regular board meeting. Other possible retreat topics of interest included NAD finances, how to be most effective with Council, the former Hughes Stadium site, Northern Integrated Supply Project (NISP), and creating a spreadsheet to track outcomes of recommendations and memos to Council. Member Piesman stated his dissatisfaction with the use of facilitator at the last retreat and would prefer the LCSB to self-facilitate the retreat. Member Culver asked what the board envisions for Fort Collins in 10,20 or 30 years; what steps can the LCSB take to achieve that vision. Chair Cunniff and Katie Donahue will prepare an outline and summary agenda to be shared with the LCSB members prior to the retreat. DocuSign Envelope ID: 8F597AF2-32C3-478A-A296-B32E2810FFB8 Land Conservation & Stewardship Board Regular Meeting 4/12 /2023 MINUTES Page 5 9. BOARD UPDATES LCSB Recruitment Chair Cunniff announced recruitment has opened for the two vacancies on the LCSB. Application deadline is 5:00 p.m., April 28th. Katie Donahue stated she responded to everyone who contacted NAD regarding LCSB membership; 8-10 people. Bicycle Advisory Committee Member Mason shared highlights from the March 27 BAC meeting. Ginny Sawyer, Sr. Project Manager, City Manager’s Office, made a brief presentation on the current status of the Future of Hughes. She mentioned the possibility of ecological ground survey because there is some left over stadium rubble and the potential significant restoration costs depending on the results of the survey. Ginny Sawyer also reported there was some discussion about a bike park. The City is considering developing a master plan of the entire area in the future. Ginny Sawyer also provided BAC with a brief review of the Community Capital Improvement Program and ¼ cent sales tax for the program set to expire at the end of 2025. City staff is exploring various funding mechanisms to address the CCIP funding gap. Scott Mason reported that Alex Gordon, North Front Range Metropolitan Planning Organization (NFRMPO) updated the BAC on the Regional Transportation Plan. Member Mason stated the area has grown by 100,000 people in ten years: a 22.7% increase. He shared highlights of the NFRMPO two-year plan including road surface maintenance, road orientation, congestion mitigation, transportation alternatives, a carbon reduction program and multi-modal transportation. The City is hosting the Dutch Thinkbike Workshop, April 18-20. The Workshop will culminate in a celebration and panel discussion at New Belgium on April 20. 10. DEPARTMENT UPDATES Staffing updates Katie Donahue informed the LCSB of 3 current vacancies in the department: two Public Engagement positions and one with Trails and Visitor Amenities. Those job announcements will be posted over the next couple of months. Public Engagement Cycle The Spring Public Engagement Cycle is now underway. The initial Urban Zone online survey is now open, and the Poudre River Zone draft update will be available for review and feedback by the end of the month. Katie Donahue reported the Public Engagement staff is scheduling in DocuSign Envelope ID: 8F597AF2-32C3-478A-A296-B32E2810FFB8 Land Conservation & Stewardship Board Regular Meeting 4/12 /2023 MINUTES Page 6 person feedback opportunities and those events will be posted in Engage. Council update The second reading of the ordinance to incorporate the Spring Canon Waste Way Ditch passed on consent. Bison Blessing Katie reported the local Native American community held a blessing ceremony for the bison at Soapstone Prairie Natural Area on Saturday, April 8. There was not really any announcement about the event, but Katie thought the LCSB would like to know. Colored ceremonial flags are tied to the pasture fencing and will remain in place for about 30 days. Poudre Heritage Alliance The Poudre Heritage Alliance has offered to present to the LCSB next month to share an overview of the organization. They can possibly answer questions around 1041 as it relates to the Cache la Poudre River National Heritage Area. Medical Leave Katie Donahue stated she will be out on 4-12 weeks beginning April 24. Julia Feder will be serving as LCSB staff liaison and Matt Parker as Acting Director. Event Facility at Buckhorn Staff are in the process of naming the event space located at the Buckhorn addition at Bobcat Ridge Natural Area. The facility is similar to Primrose Studio and the naming procedure requires staff to notify the City Manager through a memo. Historically staff have also checked in with the LCSB as part of the process. Katie Donahue shared photos of the site, noted the PE team is proposing “Creekside Haven”, and invited feedback from the LCSB. After a short discussion, LCSB voiced approval. 11. EXECUTIVE SESSION Member Kley made a motion that the LCSB move into Executive Session to discuss potential real property and specific legal questions regarding such property acquisitions. Member Culver seconded the motion. The motion was unanimously approved 7-0. The LCSB moved into Executive Session at 7:04 p.m. The regular meeting reconvened at 7:41 p.m. DocuSign Envelope ID: 8F597AF2-32C3-478A-A296-B32E2810FFB8 Land Conservation & Stewardship Board Regular Meeting 4/12 /2023 MINUTES Page 7 12. ADJOURNMENT The meeting was adjourned at 7:42 p.m. Ross Cunniff, Chair Date DocuSign Envelope ID: 8F597AF2-32C3-478A-A296-B32E2810FFB8 5/15/2023