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HomeMy WebLinkAboutNatural Resources Advisory Board - Minutes - 09/29/1999i E . MINUTES CITY OF FORT COLLINS NATURAL RESOURCES ADVISORY BOARD REGULAR MEETING 281 N. COLLEGE SEPTEMBER 29, 1999 (originally scheduled for October 6, 1999) For Reference: Randy Fischer, NRAB Chair - 226-5383 Bill Bertschy, Council Liaison 484-0181 Susie Gordon, Staff Liaison - 221-6265 Board Members Present Reagan Waskom, Randy Fischer, Nate Donovan, Jan Rastall, Don Rodriguez and Kelly Ohlson Board Members Absent Bill Miller, Rick Harness and Phil Murphy Staff Present Natural Resources Dent Tom Shoemaker, Mark Sears and Sally Maggart is The meeting was called to order at 6:05 p.m. Guests Boxelder Sanitation: Dean Smith, Ravi Srivastava, Pat Mathena, and Dr. Jim Ruff Sally Craig, Planning & Zoning Board Aaenda Review Kelly Ohlson asked to add a "New Business" item at the end of the agenda and on future agendas. Boxelder Easement: Mark Sears, Natural Areas Program Manager Mark Sears said that Boxelder Sanitation has been working since July on emergency items that need correcting along the Poudre River at the southern side of their lagoons, and longer term improvements to protect themselves from flooding. He said that Boxelder has previously requested and received approval for an easement for emergency repairs. Construction starts next month. Sears said that an additional eight acre easement will be required for longer term solutions to protect the banks to avoid damage and sewage spilling into the river. Sears said that Boxelder is working with staff, the Larimer County flood review board, FEMA, and the US Army Corps of Engineers to work out the protection solutions. Proposed solutions will have minimal impact to the river. 0 Natural Resources Advisory Board September 29, 1999 Page 2 Ravi Srivastava and Pat Mathena, Boxelder Sanitation District, distributed site plans and proposals requesting Board support for Boxelder's access to approximately six acres of City land for flood protection measures. Srivastava explained how a dike was created as a result of flooding and has pushed water flows to the northern part of the river causing the gravel bar to enlarge and block the river. Srivastava said that the District wants to take a regional view, not a band -aid view, of the solution. He said that the Corps of Engineers will begin work in November to restore the dike to pre-1995 flood conditions. The District desires an easement through land owned by the City to give access to do the work and then provide access for maintenance. Dean Smith, Boxelder Sanitation, explained that the contract with the Corps of Engineers requires annual access to maintain the improvements. Randy Fischer said that he is worried about all of the archery range becoming an easement. Mathena explained that a hard weir is needed, and it could be a smaller version with breakouts. She explained that a trapezoidal channel is not proposed. Ohlson said that he does not understand why the natural environment always has to suffer. He suggested putting the same energy into relocating the facility. He said that he opposes the easement and that some things you cannot mitigate, like a murder. Waskom asked if this would be a permanent easement. Sears said that it will be a temporary easement to get in and make improvements and will be written to allow future access for maintenance. Waskom asked if the construction damage would be mitigated. Sears said that language would be put in the agreement to ensure that vegetation was reestablished. Fischer asked if once the improvements are made and plugging occurs, could more repairs be made even if they disturb the gravel bar. Sears said that it depends on the easement agreement. He added that there will be a certain amount of maintenance required. Dr. Jim Ruff, consultant for Boxelder Sanitation, said that it is expected that the area below the plunge pool will fill in but it is not anticipated that it will impact the structure. Ohlson asked when this goes to Council. Sears responded that it is not yet on the agenda but it could be as early as the last meeting in October or the first meeting in November. Ohlson suggested that boardmembers get questions and comments to the Natural Areas Committee for a recommendation. Jan Rastall asked what the life is of a wastewater treatment facility. Smith responded, 50 years. He explained that when a plant reaches 90 percent of rated capacity, it is required to already be in construction for expansion. Fischer asked if Boxelder will be meeting organic loading capacity soon. Srivastava said no, that the flows are monitored and the hydraulic loads are tracked carefully to make sure the numbers meet or exceed expected quality. Smith said that this matches well with City standards. Natural Resources Advisory Board September 29, 1999 Page 3 Ohlson said that he has concerns of values, not with individuals or company information. Srivastava said that philosophies are different but the existing situation must be addressed to avoid damage. Fischer said that he does not want to see a channelized river. Shoemaker asked where he sees a trapezoidal channel in the natural area. Fischer said that it is where the force main crosses the river, with rip -rap on the upstream side of the drop structure and downstream on the other side. He said that it is not a true trapezoid but it is on one side or the other. Fischer asked if rip -rap has been purchased. Smith said that sandstone rip -rap, approved by the Corps of Engineers, was purchased from the City. Fischer said that it is not consistent with the natural vision of the river. Smith said that the Corps is attuned to concerns about appearances and the rip rap will be covered and seeded. Shoemaker explained that breakouts will bring natural dynamics to the area and create a better habitat situation. He said that we are trying to make it as palatable as we can. Don Rodriguez asked if this is a win -win situation. Shoemaker said it is not yet. Sears explained that Boxelder is trying to make the best of the situation. They have had things happen to them from others to cause damages, some natural and some not. He noted that mining has changed the flow characteristics of the river. Dr. Ruff said that he is looking at what can be done for the least impact. He added that nobody is a winner. Ohlson asked what the best outcome will be. Srivastava said that part of the effort is to remediate the impact from the dike and prevent damage to the facility. He added that the less impact on the river is best for them. Jan Rastall said that she appreciates the work done trying to make the best decision for the good of most of the people. She asked if there was an option to move the plant and not have to deal with the structural problems of the river. Smith said that the District tried to purchase 76 acres but were turned down. Fischer said that the Natural Areas Committee will meet and make a recommendation. Hazaleus Acquisition: Tom Shoemaker, Natural Resources Director Shoemaker said that there is a signed contract on 168 acres located at Shields and Trilby that is owned by the Hazaleus family. He explained that this has been rated as a low priority acquisition, but there are prairie dogs on the property. Shoemaker said that the sellers are donating some of the value of the land for a natural area or other public use and there is an affordable housing component to the acquisition. 0 Natural Resources Advisory Board September 29, 1999 Page 4 Shoemaker said that, while acquisitions normally do not have to be approved by Council, there is a lease involving irrigated pasture and Council approval is necessary when naming a natural area for a family. Shoemaker said that he will take the acquisition to Council on October 19. Shoemaker explained that the Hazaleus family has owned the property for about 50 years. Mrs. Hazaleus passed away last year. He noted that because she made a significant contribution to the community and was active at CSU, it is appropriate to name the natural area in her honor. Shoemaker said that 50 acres in the northwestern comer would be made available for affordable housing in the future. He added that at least three affordable housing providers have expressed interest in the project. Shoemaker said that Susan Hazaleus is an affordable housing planner in Denver, but there are no contractual obligations on the property regarding affordable housing. Shoemaker said that the City is paying market value and not taking restrictions on the property. He noted that the property is contiguous with Colina Mariposa on the south and provides drainage protection. Staff feels it is appropriate to define the boundaries and sell some of the land for appropriate purposes. This would recoup approximately $750,000 and would happen within a year from the purchase. Shoemaker added that the resolution to Council would identify this as a potential but would not be asking for a definite yes or no. He would come back in six months with that recommendation. Don Rodriguez asked if the water shares would be sold. Shoemaker said that the City's Water Utility is interested in buying the water and the Natural Resources Department would lease the water from them for the timeframe needed to convert the non-native pasture to grasses. Kelly Ohlson said that he will pull this item at Council and will speak publicly against the naming. He said that there are people who have given their lives to preserving open space and then somebody donates a small amount of land and wants it named after them. He said it is appalling and insulting to those who get nothing out of their work for open space and then because someone owns a farm 50 years ago, it is named after them with a donation of three percent of the price of the land. Oblson said that it is a sad state of affairs if that is what we are going to. He said that the majority of the people supporting open space are not buying having affordable housing on an open space chunk. Shoemaker said that they will be opposed if Ohlson does not participate in telling the real story. Ohlson said that the naming is appalling and is not the right thing to do on any level. Shoemaker asked "what is the priority?" Oblson said that it is "fairness and decency". Shoemaker said that he thought the priority is to protect the land. He noted that he is dealing with a willing seller and the deal is fair to taxpayers, the city and the landowners. Shoemaker said that the naming meets the criteria of the administrative policy. Rodriguez said that he philosophically agrees with Kelly. He suggested doing some other things to give the person recognition other than the naming of the natural area. Rodriguez said that nobody will be able to pronounce the name. He suggested naming the affordable housing Natural Resources Advisory Boars September 29, 1999 Page 6 Waskom said that he is supportive of the land purchase and the affordable housing component seems to be thought out and a good deal. He said the name is troublesome because of the way Kelly feels about it. Waskom said that he would like staff to go back and work the deal in a different way and recognize the family in another way. Nate Donovan said that it is a good purchase with a connection to the corridor and the affordable housing component is a good thing. He added that he does not want it divisive. Donovan said that the naming is an appropriate application of the administrative guidelines and flexibility is needed in determining what is a significant donation. He noted that three percent could be significant. Donovan said that there is a need to logically determine how a naming decision is made. He felt that the naming of the area is more important than a ceremony or recognition because it is a permanent thing. Resource Recovery Farm/East Rigden Resources Exchange: Tom Shoemaker, Natural Resources Director Tom Shoemaker said that he has been working for years to find a way to protect 40 acres of habitat on this property and now everything has come together. He said that the heronry area is permitted for mining and, in trying to minimize the mining in the area, he has a contract on the 77- acre Port of Entry (POE) property owned by LaFarge. Shoemaker said that he has been working on identifying a gravel trade for a 100-acre property owned by Flatiron and mined by LaFarge that contains 1.2 million tons of gravel. Since the City - owned Resource Recovery Farm will be moving the sludge operation to Meadow Springs Ranch and has 107 acres that could be used for mining, a mine permit application has been submitted to the state and city's review process to approve the trade. LaFarge has agreed. Shoemaker said that restoration into wetland is cost effective for the Rigden and POE mine pits. He added that this is an opportunity to take the dike out between the two properties and overall will result in 350 acres of wetland. Shoemaker said that the City will buy the conveyor to be used at the Resource Recovery Farm site and will get paid 39 cents a ton to recover the cost. Bridge repairs and enhanced reclamation will cost the City $1.5 million. The conveyor rent and gravel royalty and excess overburden sales will result in $2.3 million revenue to the City. He noted that the land purchase is independent of the exchange. Don Rodriguez asked it the ELC has weighed in. Shoemaker said that they have reviewed it and are okay with it. There will be berming and landscaping around the visitor center and the trail location. LaFarge is predicting that they will be out in four or five years. Shoemaker said that Boxelder Sanitation District concerns about leakage into the pit will be addressed by pumping water into Boxelder. He added that engineers will address the other concerns about stability of sewer lines and setbacks to make sure the District is comfortable. Natural Resources Advisory Board September 29, 1999 Page 7 Reagan Waskom said that he likes the trade and hopes it can happen. Randy Fischer asked what assurances are there that Flatiron will sell the property. Shoemaker reiterated that the property acquisition is a separate issue from the exchange, but we will have assurances from Flatiron once this falls into place. Fischer asked about staffing and the costs dealing with being in the gravel business. Shoemaker said that is a good point and there is no answer just yet. He is going one step at a time. Nate Donovan said he likes the trade and suggested getting ahead of the curve to prevent naming it the "LaFarge and Flatiron Natural Area". Approval of Minutes With the following changes, the minutes of the September 1, 1999 Regular Meeting were approved: Page 4, delete supporting and insert opposing. Randy Fischer will e-mail to staff other changes. Six Month Planning Calendar October 5: Cleanup Ordinance and Budget Hearing November 2: Land Use Code Amendments. October 26: Natural Areas Update Review Future Agenda Items • BMP Design Criteria • Regional Trails to Greeley • Gateway Project in October — Craig Foreman • Cities for Climate Protect in November • Natural Areas Program Update — October 20 • New Issues and Concerns Roundtable — October 20 • Boxelder Decision - October 20 • Boxelder Easement — November 2 and November 16 • Review general process on easements — October 20 Review Action Lo¢ • Take off Budget Memo • Add that a boardmember will attend the Council meeting when the Resource Recovery FamVRigden trade is presented Committee Reports • Trails: Committee members took a field trip to Redwing Marsh Annex, a piece of land that • would connect Redwing marsh on Willox Lane. A neighboring property owner would like a fence. Staff is working out details. Natural Resources Advisory Boars September 29, 1999 Page 8 • Solid Waste: No report. Will meet next Monday at noon. • Growth Management: No report. • Natural Areas: Don reported that the Horticulture Center acquisition is in the advance stages of closing but there is a dispute about a boundary line. It should go to Council in early November if the boundary issue is resolved. • Education: Will meet November 16 at noon in Conference Room C at 281 N. College. Announcements • There will be an environmental brown bag lunch on Friday at Alfalfa's. Scott Mason will be there to talk about budget. • There will be a Downtown River Corridor Implementation Plan Open House on Wednesday, October 6. Adjournment The meeting adjourned at 10:25 p.m. • Natural Resources Advisory Board September 29, 1999 Page 5 Hazaleus Farms and produce a brochure that highlights the history of the farm. Rodriguez said that he understands where the daughter is coming from and understands that the mother and father both made viable contributions but this sets a bad precedent. He said that the citizens are contributing to this, not one family, and the area should be named to reflect the ecology through a nominating process. Reagan Waskom asked if a three percent contribution would set a precedent. Shoemaker responded that he would not be recommending it if that was all there was to it. Ohlson said that if the majority of the Board objected, there will be public disagreement, and staff could go back and offer other options. Shoemaker said it is necessary to separate out the issues to determine if the Board likes the acquisition, .what about the naming, and where are you about affordable housing? He reiterated that the affordable housing would provide approximately $750,000 to spend on more valuable land. If that is not approved, the land could become a nice natural area but will be expensive to restore. Ohlson said that affordable housing has potential political damage. He said that he is neutral on the purchase and the affordable housing proposal. The naming thing opens the entire thing up and he said that he will use everything at his disposal because it is not a good use for $1.7 million. Randy Fischer said that he is in favor of the purchase because of the resource value. He added that the naming does not mean much to him but trusts Ohlson's judgement on the matter and will support him. Fischer added that he does not have sweat in the issue like Kelly. He suggested going back to the landowner and see if there is a way around it. Fischer asked if the affordable housing piece is a requirement of purchase. Shoemaker said it is not and it would probably have a six month deadline. He noted that the Natural Resources Department tries not to buy more land than what we are going to keep, but sometimes parcels do not lay out that way and the landowners say "take all or none". Jan Rastall said that she does not know how properties are decided upon for purchase. She added that she does not think the naming is that big of a deal, but she does not know the history. Rastall said that she can support the Board if it is decided that it is not a good move to name a property after somebody because it would alienate people working for the environment Rodriguez asked if the family is aware of the environmental community feelings. Shoemaker responded, no and added that they would be deeply insulted because they feel their family contributed to the community. He said that he will not take the acquisition to Council if it will publicly embarrass the family. Ohlson said that there needs to be a more definitive guideline, such as, donating more than half of the appraised price in a sale before being named for a person.