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HomeMy WebLinkAboutLand Conservation And Stewardship Board - Minutes - 04/09/2008MINUTES CITY OF FORT COLLINS LAND CONSERVATION & STEWARDSHIP BOARD Regular Meeting April 9, 2008 DATE: Wednesday, April 9, 2008 LOCATION: 215 N Mason Street, Conference Room 1-A TIME: 6:00 p.m. For Reference: Linda Stanley - 491-7377 Mayor Doug Hutchinson - 416-2154 John Stokes, Staff Liaison - 221-6263 Board Members Present Raymond Boyd, Linsey DeBell, Chris Gaughan, Michelle Grooms, Vicky McLane, Linda Stanley, Karyl Ting Board Members Excused Dave Theobald, Trudy Haines Council Liaison Mayor, Doug Hutchinson Staff Present Natural Resources / Natural Areas Department: Rick Bachand, Daylan Figgs, Geri Kidawski, Karen Manci, Erica Saunders, Mark Sears, John Stokes Guests Thomas Pierce — Citizen Bonnie Adamson — League of Women Voters Andrew Yapp — CSU Pete Whiting — CSU Matthew Butler- CSU Connor Miranda — Citizen Erin Raney — CSU Janice Bernquist — JRV Investments H. John Bernquist — JRV Investments Sean McCarthy - CSU Steve Steinbicker Jerry Robinson — Stewart & Associates Peggy Hageman — Hageman Earth Cycle Roger Hageman — Hageman Earth Cycle Land Conservation & Stewardship Board Wednesday, April 9, 2008 Page 2 of 11 Karen Horner Brittany Hageman — Hageman Earth Cycle Stanley asked the new Board member, Chris Gaughan, to introduce himself to the Board. Introductions by the Board followed. • Stanley: Bonnie Adamson from the League of Women Voters would like to say a few words. Adamson made a statement supporting Community Separators. She read a letter that will be printed in the Coloradoan, Loveland Herald and read on a local radio station. The League urges the Board to aggressively pursue the implementation of Community Separators. • Stanley: Some Board members went on a field trip to look at community separators in March, and they will debrief the Board in May. • Grooms: What was the compelling purpose for the League coming out with this statement? • Bonner: In 2003 when this plan was crafted it was without signatures, and we are concerned that it may fall by the wayside. • Grooms: Is this a call to action? • Bonner: This is a statement. • Sears: John Stokes and I can visit with the League if you would like to hear an interpretation of what Fort Collins is doing. • Stanley: Tom Pierce would like to comment on the Hageman Earth Cycle agenda item, but I will reserve a time after the presentation by Daylan for Tom to do so. Agenda Review • Stanley: The agenda will change to Hageman Lease being the first item on the agenda this evening. Review and Approval of Minutes Ray Boyd moved to approve the February 13, 2008 meeting minutes as written. Linsey DeBell second. They were unanimously approved. Hageman Lease • Stokes: Running Deer Natural Area was purchased in three transactions between 1998 and 2000. Included in the purchase was a 15 acre parcel leased to Hageman Earth Cycle by the previous owners for the operation of an organic material drop off site, material processing, and sale of landscape products. Earth Cycle is presently the only facility in the City of Fort Collins that accepts this type of material. There has been a series of short-term leases with the expectation of this company finding another site to relocate. However, for a variety of reasons the company has not moved so we have extended the lease several times. In speaking with our Solid Waste department folks today, they mentioned that the weight of material being processed at the facility is approximately 13 to 14 thousand tons annually. This business is valuable to the City of Fort Collins. Land Conservation & Stewardship Board Wednesday, April 9, 2008 Page 3 of 11 As a staff we weighed the pros and cons, and decided as a Natural Resource Department to extend the lease for a longer period of time. There are a number of additional requirements added to the lease that the management of Earth Cycle must fulfill as part of the lease renewal. • Figgs: We looked at ground water, surface water and on -site soils and off -site soils of the surrounding area. We tested for a host of parameters, testing for 15 different metals, pesticides, nitrate and nitrite and other compounds, which all fell below standards. Overall, even though there are residual compounds found on the property, the origin can not be pin pointed, and therefore can not be tied to the facility that is in place presently. Should this lease be approved there are still things that need to be put into place, and the lease will be contingent on the improvements. Now that we have a good understanding of the environmental conditions of the property we want to make sure that we are not adding anything to it. We will require a sample of ground water, surface water and soil on an annual basis. Hageman Earth Cycle is not a permitted composting facility. They were sited in violation of this in 2007, so we will watch this in the future. We will do site visits often. • McLane: Can you address the question of the flood plain. • Figgs: Part of the property is in the flood plane, and there is also a flood way that is part of the property, so we need to protect this area. • McLane: Can you address the 100 year flood hazard area and floatable material, and also composting material in this area and the regulations of the Poudre River and the flood plane regarding this. • Stokes: Composting is prohibited in the current lease and in the lease that we are proposing so Earth Cycle is in violation of this lease, but this has been corrected and we received a written notice that he is not composting anymore. In terms of storm water issues, in the lease being constructed he would be treated as a new project to the City of Fort Collins and he would have to adhere to the City's development system. Regarding floatable material, we are working with Stormwater and Engineering, as to the best ways to address this. He would have to design and build the site according to their specifications. • Ting: I feel we need to address a monitoring protocol for this site. • Figgs: We can enter the leased area at any time. • Ting: Do you have a sense of the actual cost of doing this? • Figgs: Depending on our sampling, and going on the site, I don't foresee a huge impact unless there are issues. • Ting: Bonding for repair and restitutions, how will that be handled? • Figgs: We have a clause in the lease that states that he is liable for this. • Ting: Will there be a bonding? • Figgs: No • McLane: Has he met the State requirements, as stated in section 14? • Figgs: Since he is not a composting facility that went away when he clarified the issue. Land Conservation & Stewardship Board Wednesday, April 9, 2008 Page 4 of 11 • Grooms: I would like to comment along these lines. Extending the Hageman lease has been going on for some time, and two years ago the lease was extended for two years. Because Earth Cycle is the only recycling operation of its kind in Fort Collins it seems we have to accommodate him. Is it worth it from a cost perspective to offer him this lease because of the time involved in monitoring this business? What is the City doing to offer residents an alternative to Hageman Earth Cycle? • Stokes: We decided that it is worth it because of the recycling that is not making its way to the landfill. Regarding offering alternative recycling, the City has started a trash services study to take a confident look as to how trash services are provided. There may be changes to the system endorsed by Council, which could have an impact on how we manage yard wastes, and how they are picked up in the City of Fort Collins. • Grooms: Hageman is making an income from charges to residents of Fort Collins, and he is making an indent in our soil, surface water and ground water. If he weren't at that location would that area be more pristine? I may not know all the details, but I'm looking at this as a resident of Fort Collins. • Gaughan: Why have this business in a flood plain area when there are many up- land areas here in the City? The area by the landfill seems like a much better place. • Stokes: We've looked, and there are no other sites that we can move this business to. Hageman was doing business there when we acquired the property and we were willing to keep them there as long as they couldn't find a site that was viable for them. This is also why we have suggested a number of controls. • Gaughan: In looking at the map you can see that there are obvious impacts. • Stanley: It's distressing to me to hear you say that you are willing to keep them there as long as they can't find a viable site. When I voted on this two years ago that was not my impression at all. I understood that we would help them find a suitable place to move to, but we continue extending their lease. • Stanley: I would like to give Tom Pierce a chance to comment at this time. • Pierce: If that business were to come into that area today it would not be allowed. • Hageman: Recycling is not cheap, I wish it were. Open space land is expensive and I can't compete with tax dollars from the City. This is a Family owned business, and we are trying to do our best and that includes working with our neighbors. I've had only three complaints in 13 years. I'm looking at two to three million dollars for land anywhere else. I can't operate this business on a postage stamp. I have talked to over 35 realtors and looked at over 35 different places and a lot of it is owned by the City. I can't move four miles outside of the City because people won't come to me. If you have any other solutions I'd be willing to listen. Figgs reviewed the Hageman Earth Cycle lease with the Board. • Stanley: Would the Board like to make a motion? Vicky McLane motioned to deny the renewal of the Hageman Earth Cycle lease. I feel strongly that our primary charge and responsible is stewardship of the Natural Areas. I also feel that this Board is not charged to find areas for disposal of solid waste. Chris Gaughan second. Land Conservation & Stewardship Board Wednesday, April 9, 2008 Page 5 of 11 • Stanley: Any discussion or comments? • Ting: I disagree with the motion. There is an issue regarding preemptive use. This area is not pristine, and I do believe that there is an appropriate use. I don't see an alternative on the horizon within the next year or two. The question is do we want to eliminate this route as a convenience to the City of Fort Collins; I would find it as a great inconvenience. Staff needs to insure that this area is monitored properly. I respectfully disagree. • Lindsey: I agree with Karyl. Given there is no alternative, the recycling options this company gives the City of Fort Collins is an important service. I do have hesitations with the activity near the wetland area, but presently there are no alternatives. • Boyd: I agree with both of these statements. • Stanley: Looking at the minutes from two years ago, I understood then that the renewal of this lease was final. What bothers me is that I feel that people were misled. • Stokes: I read those minutes recently, and it was mentioned in the minutes that in two years it's possible we could be back here saying we ought to renew the lease. One of the reasons why we crafted a lease that has a 10 year term is that it's a year to year lease. • Stanley: What is in place for monitoring this business? • Figgs: If there is a question of composting you can call the Department of Public Health. Can we make the determination if it's composting? This may not fall into our jurisdiction. • Gaughan: I think there are alternatives. There are both composting on your own property, which a lot of people do, and there is also bringing that kind of waste to a landfill. In an ideal world you separate that out, but landfills operate with earth and material. • Ting: From one of our last storms I estimated that I had three tons of tree limbs from my yard. Taking this material to the landfill would be a little bit of an undertaking. From a convenience standpoint for the majority of people in town who have bulk plant material, Hageman is closer than the landfill. • Grooms: I'm as confused, and this is a hard decision. I feel the same as Vicky, that we are stewards of the land, and we are here to make the best decisions for what the City of Fort Collins has invested in, which is to keep nature as pristine as possible. Where I am conflicted is that Hageman has a service that we as a City can benefit from. • Stanley: When will this come to the Natural Resource Board? • Stokes: It may go before the Natural Resource Board in May. Stanley asked for a show of hands of those Board members who recommend to City Council that the Ground Lease of 15 acres of Running Deer Natural Area to Hageman Earth Cycle for the purpose of recycling organic materials from the public, processing of these materials and sale of landscaping products be denied. There were four votes in favor of denial of the lease and three votes for the approval of the Hageman Lease. Land Conservation & Stewardship Board Wednesday, April 9, 2008 Page 6 of 11 • Stanley: I will write a memo to City Council using the minutes to explain both sides of this discussion. • Sears: City Council will also receive a copy of the Board minutes. Mustang Meadows Drainage • Figgs: In December of 2007 we approved a 30 foot drainage easement on Vangbo to J-B Investments. They are requesting four non-exclusive drainage easements on, over, and across the contiguous 105 acre City of Fort Collins property formerly known as the Vangbo Property located in the Timnath Community Separator Area on the east side of the I-25 East Frontage Road. In addition J-B Investments is requesting a 20 foot temporary construction easement adjacent to the 30 foot drainage easement contiguous to the northern boundary. The applicant has paid the initial application fee of $500 and will be required to compensate the City Natural Areas Program $16,000 for the grant of these non- exclusive easements based on current land values as determined by the City of Fort Collins Real Estate Services. In addition, the applicant will be required to compensate the City Natural Areas Program $500 for the grant of the temporary construction easement and $4,550 for the reclamation fee. No negative financial impact is expected from this action. • Stanley: There will be run-off from the parking lot, how do you mitigate that? • Robinson: On our side there are detention ponds with water quality structures, so what we release is water that has been put through that system. Vicky motioned that the Land Conservation & Stewardship Board recommend that City Council approve the conveyance of one (1) 30 foot drainage easement along the north boundary of the Vangbo property, two (2) twenty foot wide and one (1) twenty-six foot wide non-exclusive drainage easements under the existing Access Road to J-B Investments, Inc. Also, that the Land Conservation & Steward ship Board recommends that City Council approve the conveyance of a 20 foot temporary construction easement along the north boundary of the Vangbo Property to J-B Investments, Inc. Grooms second. It was unanimously approved. Soapstone Grazing Plan • Figgs: When we initially purchased Soapstone we put together a grazing lease. At the end of 2008 the existing grazing lease on Soapstone Prairie with the Folsom Grazing Association will expire. What I'd like to discuss with the Board this evening are the short and long term alternatives. In his presentation Figgs discussed: • SPNA - Conservation targets • Grazing Lease • Existing Infrastructure • Riparian/Wetland Areas • Long -Term Alternatives Land Conservation & Stewardship Board Wednesday, April 9, 2008 Page 7 of 11 o No change in grazing management o No livestock grazing o Modified grazing with cows on the entire property o Modified grazing with sheep on the entire property o Modified grazing with cows on the east side and sheep on the west side o Commercial bison production o Wildlife Services bison hers o Grassbank • Long — Term alternative matrix • Short -Term Options o Option 1- Extend lease with Folsom Grazing Association with modifications o Option 2- Rest with prescribed grazing as needed • Timeline for Soapstone Grazing Management Alternatives • McLane: It's worth a discussion with Folsom Grazing Association about the possibility of extending their lease • Figgs: They are, it seems, dedicated to staying there, but they are looking at other places because they realize there may be changes. • Ting: You mentioned a plan on maintaining stock ratio. • Figgs: When we worked with the Natural Resource Conservation Service (MRCS) they came out and did an extensive range testing for us. We have plenty of grass on the East half, but there is not enough water, and we have no way of distributing those cows. In the interim phase that's contributory of how much water we want to accommodate, and we can't do it all the first year. • Ting: The sheep models on the west side are you intending on taking down the fences there? • Figgs: If that becomes our short and mid-term option, yes we can tear out the entire interior fence. • Chris: I would say that if there are no water resources the Bison in the long term may be ideal. It may be an expense at first, but the long term costs will probable go down if you don't have to explore water resources. • Figgs: We will have to explore on a smaller landscape. I think we would still have to have a way of disbursing bison. Bison do tend to move away from water much easier than cows. • Boyd: The Wild Life Services, I'm worried about the expense, should they field the facilities to handle the animals? • Figgs: We talked to them, and the American Bison Society. I think we would have a good chance of having a funding source of either a private donation or Federal funding. • Chris: Sheep on the west side is also a good idea. • Stanley: If you had Bison on the East side does that exclude sheep grazing on the West side. Land Conservation & Stewardship Board Wednesday, April 9, 2008 Page 8of11 • Figgs: If it were commercial Bison probably not. Sheep carry a virus, which can be almost 100 percent fatal to Bison. • Stokes: One of our employees went to a meeting regarding the Buffalo Food Connection, and Soapstone Prairie represents an opportunity for local producers to get food into our local food supply. To do this is hard because the marketing and the logistics are difficult. Next steps are that we are going to work on the short-term options, and then come back to the Board in a couple of months. Resource Management and Public Improvements / Facility Operations Presentation / Discussion • Stokes: These are the major components of where we spend our money. However, there are other components like education and enforcement. • Bachand: I supervise resource management function of the Natural Areas program. The whole purpose of resource management and restoration is to take land that we buy that may not be in the best condition and try and get the natural area value out of it. It may mean to restore it to a native historic condition, but in other cases it may mean trying to maximize the habitat value in that area. Bachand's presentation included: o Natural Areas Mission Statement o Pineridge NA wind erosion site — 2006 o Salyer Nature Area ( Unit #2) o Resource Management Organizational Chart o Vegetation & soil Management o Weed Control o Wildlife Management o Ten -Year Restoration Plan completed in 2004 o What are Green and Blue Money? 0 2008 Budget Breakdown o NA Program Anticipated Expenditures 2008- 2021 — Total Revenues = $141,869,699 o Projected Annual Budget 2008-2021 o Projected Restoration Efforts 2005/8 — 2013 o Resource Management Summary DeBell: Where do you get your native plants. Bachand: We get seeds from local seed distributors. The wetland plugs come from Rocky Mountain Native Plants in Rifle Colorado, and the trees and shrubs come from a variety of local nurseries. Public Improvements and Facility Operations • Manci: I would like to talk about two different budget categories that we have under the Natural Areas program. • 2008 Budget o Public Improvements — 3.5 million dollars o Facility Operations - $207,000 (2% of budget) • 2017 Estimated Budget Land Conservation & Stewardship Board Wednesday, April 9, 2008 Page 9 of 1 I o Public Improvements —1.9 million dollars (16% of budget) o Facility Operations - $299,000 (3% of budget) • To Summarize Public Improvements: o 42 sites (37 open to the public) 0 50 miles of trails 0 8 foot bridges 0 24 parking lots o 15 vault toilets 0 20 kiosks 0 90 mini kiosks 0 27 trash cans 0 19 pet waste bag holders 0 9 emergency call boxes 0 25 miles of wood fence 0 80 manual gates 0 5 solar gates 0 48 benches 0 3 picnic shelters 0 39 site signs 0 6 bike racks 0 19 picnic tables 0 9 horse hitches 0 4 fishing piers 0 3 boardwalks 0 6 historical buildings 0 70 trail markers 0 101 interpretive signs 0 100's of regulatory/safety/ boundary signs o graffiti control on infrastructure • 2008 Projects — o Bobcat Ridge cabin improvements o ADA access o Soapstone Prairie Natural Area • Smaller Projects o Gate house for Gateway NA o Trail connection between Magpie Meander & o North shields shelter • Future Projects o Fossil Creek Reservoir Regional Open Space o Red Fox meadows o Colina Mariposa/Hazaleus trail along Shields o Pelican Marsh trails o Eagle View Public improvements • Facility Operations o Nix historic house with houses NA offices. Restored barn money from historical society o Primrose Studio o Two Ranger residences — Gateway and Bobcat Ridge • 2008 Projects — examine small House at NIX for office space • Future Project o Soapstone Operations and Maintenance Area o Fossil Creek Reservoir Open Space Ranger office/shop Land Conservation & Stewardship Board Wednesday, April 9, 2008 Page 10 of 11 • Staffing Costs • Stanley: How much does Parks contribute to bike trails? • Stokes: The overall construction budget is about one million dollars. • Ting: Would you remind us about the Fossil Creek Regional Open Space. What was the process? • Sears: When we entered into an inter -governmental agreement to acquire and develop that site the wording was such that if the City of Fort Collins ever annexed that property, at that point we would take over the maintenance. It was jointly purchased with the County and we jointly have paid for all of the public improvements and restoration with the County managing it for the last 4 or5 years. In January of 2010 we will take it over. • Stokes: As we went through Karen's presentation you saw a lot of fences, signs and parking lots, which are spread over 32,000 acres. There is a concentration of development in the parking lot area, but beyond that there may be an occasional directional sign or regulatory sign. We are careful of cluttering the trails, because it is an esthetic issue, but mostly it is a management issue. We are trying to manage these areas as hands -off areas, but also have some nominal infrastructure to direct people, to interpret and then have people go out and enjoy the area. At the end of this two year period 29,000 acres of the 32,000 acres will be open to the public. • Sears: In the next two years we will increase our trail system from 50 to near 90 miles of trails. Fossil Creek will also add to those miles. We are also researching the availability of grants. We are currently applying for a GOCO grant, which will allow us to apply for money to fund a portion of our trails at Soapstone, and we will partner with Larimer County to leverage our money to help them fund some trails at Red Mountain. • Stokes: We also applied for a grant on a land conservation project at the Barnard property, which we're buying over time at Soapstone. This is a two part grant and we hope to get between eight or nine hundred thousand dollars. We are trying to augment our base funding with grants, which is an item that we have made part of our 2008 work plan. Modification to Duties of the Land Conservation & Stewardship Board (LCSB) • Stokes: The changes to the duties of the Board were requested by Council and thus were generated from the City Manager's office. The purpose of the draft ordinance is to expand the duties of the LCSB in certain circumstances. Item number four is additional language to the charter. Staff supports the change. Grooms moved to support City Council's recommendation for additional language to section 2-272 of the code of the City of Fort Collins. Boyd second. It was unanimously approved. Stanley will send City Council an email regarding the Board's approval of the ordinance. Land Conservation & Stewardship Board Wednesday, April 9, 2008 Page 11 of 11 Election of Officers • Stanley: Is there anyone that would like to be considered for the chairperson position on this Board? • McLane: I would like to nominate Linda Stanley. • Grooms: I will second that nomination. • Stanley: I will accept the chairperson position for one more year. • Stanley: The floor is open for anyone who would like to be vice -chair. • McLane: I feel that we should wait until next month's meeting to vote on a vice - chairperson, in hopes that all the Board members will be present. • Grooms: Yes, I agree. New Business: • Stokes: The draft Environmental Impact Statement will be available at the end of April. Announcements: Stokes: For next month's meeting we will have a conversation regarding the discussion on land conservation, and community separators. Advanced Planning would like to talk to the Board about I-25, and Mark will give us an update on Soapstone Prairie Natural Area. Adjourn The meeting adjourned at 9:35 p.m. Submitted by Geri Kidawski Administrative Secretary