Loading...
HomeMy WebLinkAboutNatural Resources Advisory Board - Minutes - 05/05/2003MINUTES CITY OF FORT COLLINS NATURAL RESOURCES ADVISORY BOARD REGULAR MEETING 281 N. COLLEGE February 5, 2003 For Reference: Randy Fischer, NRAB Chair - 226-5383 Ray Martinez, Council Liaison - 416-2154 Michelle Pawar, Staff Liaison - 221-6263 Board Members Present Linda Knowlton, Don Rodriguez, Randy Fischer, Phil Murphy, Arvind Panjabi, and Steve Ryder Board Members Absent Kelly Ohlson, Sam Otero, and Nate Donovan Staff Present Natural Resources Dent: Zoe Shark, Brian Woodruff, Sally Maggart, Mark Sears, Karen Manci, Michelle Pawar, and Rick Bachand Real Estate Services: Kimball Crangle-Krizman Guests Six CSO Students Northern Colorado Water Conservancy District: Jeff Drager, Jim Struble and Robert Trout Agenda Review Phil Murphy asked for an opportunity to review results from the roundtable discussion. Michelle Pawar distributed notes from Ginny Meadows and suggested they be reviewed during Committee Reports. Review and Approval of Minutes The minutes of the January 8, 2003 meeting were approved unanimously. Phil Murphy said that the minutes are well done and capture the essence of the meetings. Radon Mitigation in New Construction • Brian Woodruff and Zoe Shark are working on getting this packaged with other building code amendments. • Woodruff: Option 1 is that builders install RRNC (Radon Resistant New Construction) voluntarily. Option 2 is to require RRNC. Installation costs are low, $350-$500 per home versus $800-$2,500 to retrofit. • Shark: A comment line, 416-2492, has been set up as part of the outreach effort. Natural Resources Advisory Board February 5, 2003 Page 2 • Rodriguez: Are you doing special outreach strategies with the building community? • Woodruff: Yes, the Building Department is going through a larger process of amending the code and home builders are the group most interested in the issues. • Knowlton: Is there a map of Fort Collins that shows where radon is prevalent or is it equally distributed? • Woodruff: There was a map done by the City to determine if there were pockets of radon to approach geographically. The map showed zones but they are all different categories of Zone 1 and it was not easy to tell which site is in which zone. • Murphy: Option 2 seems like a no-brainer. That is not a lot of money when you look at the cost of a new home. Is there an Option 3 or 4 being considered to require a system that would raise the level to 75 percent? • Woodruff: No. It is structured to require a passive system but not require a system to be activated. The decision to do that would be left for the future occupant. The Building Department is considering putting in an ordinance requiring a placard be placed by the fuse box with information on what kind of system is installed and how to test and activate it. • Rodriguez: Are there any other health risks related to long term exposure? • Woodruff: I am not aware of any. Cancer is what we focus on. • Ryder: Is this for new construction only? Is there any intent for retrofit? • Woodruff: We encourage people to retrofit on a voluntary basis but have not thought about requiring it. The building code process allows the City to only require it in new construction. • Pawar: This is our first presentation. How do you feel about the dollar amounts represented? • Panjabi: The dollar cost could be compared to the treatment of lung cancer. • Fischer: There is an extraordinary level of risk that is in the range of cigarette smoking. • Woodruff: The estimate is that of all lung cancers that occur, ten percent are attributable to radon and the rest to smoking. • Fischer: I recommend putting the number in perspective by comparing to other health risks, and doing a willingness -to -pay survey. • Woodruff: We are wondering what to do with the number once it is costed out and how to put risks and costs into perspective. • Fischer: I have heard that lenders oftentimes drive the need to retrofit homes. • Woodruff: I am not aware of that. I have heard that third party relocaters often require radon mitigation, but haven't heard about lenders. • Fischer: It could bolster the argument and be interesting to find out which section of town and which lenders. • Woodruff: I will find it out. A recommendation now would be welcome. • Knowlton: I would prefer to wait and see what happens with our suggestions. • Murphy: We should discuss other options. • Woodruff: I have heard a substantive question about a more effective alternative. • Pawar: Staff will come back with this before the issue goes to Council. Natural Resources Advisory uoard February 5, 2003 Page 3 Lease with Kehn Construction at Arapaho Bend Natural Area • Sears: Karen Manci met with Dan Kehn and worked up a lease and resource protection. • Fischer: What is the process? Is this for information and is it going to Council? • Sears: We need a recommendation from the Board to take to Council. • Manci: There is concern about our payment to Kehn to take over management of the vegetation after he reseeds. Kelm wanted to keep up with the weed control, mowing and reseeding until he is relieved of his permit from the State of Colorado Division of Mines and Geology. Staff prefers that we pay him $7,000 and take on the management responsibility. • Sears: He is indicating that he will be done by the end of April and it will be a short- lived lease. We want the gravel mining permit released. The Division of Mines and Geology will not hold us liable for other reclamation on the site. • Fischer: Are there any other concerns? • Sears: The disturbance is minimal. There will be more shore line, flatter slopes and better habitat with a potential for wetlands along the side. • Panjabi: What is the initial seeding? • Manci: Native grass mix. • Knowlton: Any comments from the public? • Manci: We sent a letter about what was happening and posted signs. • Murphy: There isn't anything about erosion control in the handout. • Manci: Kehn checked with Engineering and was told he doesn't need an erosion control plan for a gravel operation. • Murphy: Is there any requirement to deal with long-term damage to the tree? It could be damaged now and not die for a year and a half. • Manci: The agreement reads that damage during construction must be replaced 2 on the same species basis. • Murphy: Driving over the roots could cause some damage later. • Sears: He has done an efficient job of avoiding the trees and is not putting any material over the roots. There is a steep bank and natural protection for the roots and trunk. • Panjabi: Can we review the revegetation plan? • Sears: It is low key. We will get a copy of the seed mix and review and amend it as necessary. The wetland restoration along the shore line and additional cottonwood trees and shrubbery is up to us. • Panjabi: This is a good opportunity to give natives a leading edge. • Sears: That is why we want to be in charge. • Rodriguez: Do you establish escrow accounts with folks who do business with us on natural areas in case of damage? • Sears: We discussed it on this property but did not feel it was necessary. We have not done it for utility easements but we do set deadlines. • Fischer: Is this a good time to be working out there in terms of disturbance? • Manci: It is not a big wintering area as far as migratory waterfowl. Later in April there may be more migratory waterfowl. We do not have to worry about goose or Natural Resources Advisory board February 5, 2003 Page 4 mallard nesting. It is unlikely that coyote or badger would come in and den. If it sits very long, red fox could. • Bachand: The gravel ponds offer little quality habitat. If we miss one season, any chance to make improvements could provide better habitat next season. • Fischer: When does this go to Council? • Sears: February 18 or March 4. Linda Knowlton made a motion to support the staff recommendation regarding the Kehn Lease at Arapaho Bend. Arvind Punjabi seconded the motion. The motion passed unanimously (6-0). • Fischer: It would help to have staff write a couple paragraphs regarding the recommendation for me to sign. • Pawar: We will do it, but not to set a precedent. Pleasant Valley Waterline through NCWCD • Sears: The property, located on the south edge of Claymore Lake, was donated by Udall. There was an existing temporary easement across the southeastern corner of the property for access across the bridge at the Pleasant Valley Canal. The project was delayed and the temporary conservation easement expired. The NCWCD is requesting a temporary conservation easement from the City as new property owners. • Rodriguez: The Natural Areas Committee reviewed this at the last meeting and are in agreement with approving it. • Jim Struble, NCWCD Right -of -Way Agent: This project will attach pipeline from Soldier Canyon Dam to the North Poudre Supply Canal. The District is anticipating giving the notice to proceed to the contractor one week from Friday. We anticipate going through this land by late summer, early fall. A biological assessment has been prepared and reviewed by the City. We are asking for a two year extension to give us time to get the project going and make sure everything is going okay in case additional work is needed. We would pay $2,700 in return for a two year temporary construction easement. • Fischer: We are trying to get an idea of potential damages. • Bachand: The site is not a big area. Both the temporary and permanent easements impact less than two acres. It is close to the foothills, some native vegetation and a lot of cheat grass. It is not a prime piece. There are no concerns about impact to wildlife. Once the site is restored, it should be okay. • Rodriguez: The south facing slope and revegetation in drought conditions might be challenging. • Robert Trout, NCWCD Attorney: The City has the right to inspect and accept revegetation. • Fischer: Is there any other way to do this without an easement on the property? Have you looked at alternatives? • Sears: Karen Manci looked at the entire alignment two years ago and determined it was as good as it is going to get. There are very limited options for this size and type of pipeline. Natural Resources Advisory csoard February 5, 2003 Page 5 Fischer: I have concerns with nesting on Claymore Lake and winter raptor use. Jeff Drager, NCWCD Project Manager: The contractor anticipates starting in the middle of the pipe line, with one crew going north and the other going south. There are constraints related to wildlife with the biological assessment limiting when certain sections can be built Linda Knowlton made a motion to approve the Pleasant Valley Pipeline temporary conservation easement. Don Rodriguez seconded the motion. The motion passed unanimously (6-0). Fischer: We need to get a recommendation to Council. Pawar: Staff will write the memo. Update of the Natural Areas/Open Lands Extension • Pawar: We were looking at an 8-12 month timeline for updating the Natural Areas Policy Plan (NAPP). We have now modified the timeline in order to allow more timely land acquisitions. The NAPP is written where only Chapter 5 needs Council and Board approval. The rest of the chapters are supporting data for the policy. Staff is working with legal and the process detailed is to bring the initial presentation to the NRAB on February 19. Staff will recommend to Council the establishment of a new board dedicated to open lands. • Rodriguez: What process will you use to fine tune land conservation areas of focus? • Pawar: We have considered reforming the task force and talk about prioritization from a land opportunity perspective. We would like to commit to Council that the area around Fort Collins would be Priority Area 1, based on willing sellers. There are more opportunities in Priority Areas 2 and 3 but that would not prevent us from pursuing them. • Rodriguez: We should present opportunities to partner and leverage funds to get more bang for the buck. • Pawar: We will not compromise the partnering ability. The County has significant opportunities and we will partner with them and share the financial burden. Our single-minded goal is to go out and buy land. • Fischer: I am glad there will be a separate board. • Pawar: Staff feels it's an opportune time to go forward with this now. The biggest affected interests are the Air Quality Advisory Board members. There is significant overlap between board agendas, actions are similar and staff recommends a dedicated open lands board and a merger of the Air Quality and Natural Resources Boards. There are five NRAB members and one AQAB member interested in joining the new open lands board. Nobody will be asked to step down from their board appointment. We anticipate about 12 members on the combined board. • Ryder: Do you need a Council decision? • Pawar: Yes. We will not go forward with the recommendation unless there is support from the NRAB and AQAB. • Murphy: I hope there is an opportunity for both boards to sit together and talk about it. Natural Resources Advisory Board February 5, 2003 Page 6 • Pawar: That is a good idea. I will bring it up with the AQAB tomorrow. We could set up ajoint meeting. • Fischer: I am concerned about people losing seats on a board. • Pawar: This will not take anyone's seat away. We could accommodate 18 people on the combined board. • Ryder: When is the new board going to be established? • Pawar: We are not obligated to do it until the tax extension is effective but we could move forward with it now. • Knowlton: Is there a problem with updating the policy based on ballot language that does not kick in for two years? • Pawar: There is no problem because with the existing sales tax, Building Community Choices, we are allowed to do this type of land conservation, and the County tax allows use of monies according to what is in the NAPP. Committee Assignments • Ryder: The Board needs to rely more on committees to review issues. This could help shorten board sessions. • Knowlton: Board agreement is needed to accept the committee decision. • Rodriguez: A committee decision adds to the mix and is important even though the Board still wants to debate an issue. • Murphy: I agree. It helps to know and makes it easier to agree. I could not accept a recommendation from a subcommittee without a chance for discussion. • Knowlton: Committee reports could be e-mailed to members after meetings. • Rodriguez: It would be easy to e-mail items discussed and decisions made. We need to have staff coordinate with the Chair on agenda items and have more of a formal process. • Fischer: It would help if the committee chairs would take more responsibility for setting agendas and work with me. I do not want to be the one to set all agendas. I will e-mail boardmembers and solicit interest in joining or dropping off committees. Monthly Feedback • Murphy: Add the possible CSU expansion to feedback. We would like to see the document. Pawar will check with Current Planning and get a copy for the Board. Pawar distributed more Monthly Feedback information: Update from Ken Waido on the City Plan Update and recommended characteristics for Council's adoption; Ginny Meadow's notes from the retreat; a timeline from Timothy Wilder on the Downtown Strategic Plan; and a response from Carrie Daggett about the Board's participation and appropriate role in annexation issues. Future Agenda Items February 19: Mason Street Corridor Update Soft Gold Park, Hetty Bixby Electric Energy Supply Policy Downtown Strategic Plan Natural Resources Advisory _„ard February 5, 2003 Page 7 NAPP presentation March 5: Riverbend Utility Easement Request March 19: Parks Update, Craig Foreman Timberline Project Committee Reports • Rodriguez: The Natural Areas Committee did meet and talk about Pleasant Valley. Kimball Crangle-Krizman presented information about development and conservation easements. Rick Bachand has set up a website to help the development community understand about easements on natural areas. • Murphy: The Solid Waste Committee met and discussed the Christmas tree recycling program and the availability of mulch. There were only 80 loads of trees this year. Forestry will pay to use a large portion of the mulch, and some trees will be used for Sheldon Lake fish habitat. There have been problems at the Rivendell Recycling Center with the cardboard compactor. The switch does not get reset after the equipment is emptied. A summit meeting with the County to talk about solid waste and recycling will be set up soon. • Rodriguez: What is the sunset date on the landfill? • Pawar: I will find out the answer. • Rodriguez: Who will be involved in the summit meeting? • Pawar: It is being organized by the County. All the cities within the County will be invited. • Fischer: Will haulers, the County's EAB and this board be invited? • Pawar: Shirley will find out more about it and will e-mail the Board. Announcements • Sears: The Timberline Project will be reviewed by the Natural Areas Committee and there will be a full presentation to the Board on March 19. • Panjabi: Will there be a chance to review the environment study before the meeting? • Sears: I will get a copy to boardmembers on February 27. Adjourn The meeting adjourned at 9:30 p.m. �w_