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04.10.13 OSBT Draft minutes March 13 2013 OPEN SPACE BOARD OF TRUSTEES Minutes Meeting Date March 13, 2013 BOARD MEMBERS PRESENT John Putnam Allyn Feinberg Tom Isaacson Shelley Dunbar Frances Hartogh STAFF MEMBERS PRESENT Mike Patton Jim Reeder Eric Stone Dean Paschall Mark Gershman Steve Armstead Lauren Kolb Heather Swanson Jean Koszalka Annie McFarland Leah Case Michele Gonzales CALL TO ORDER . The meeting was called to order at 6:04 p.m Allyn Feinberg read the proclamation recognizing John Putnam for his contribution to Open Space and Mountain Parks over the past five years. A copy of this proclamation is saved at S:OSMP\admin\OSBT\Templates & Proclamations. AGENDA ITEM 1 Approval of the Minutes Allyn Feinberg had a correction to the Feb. 13, 2013 minutes. She said on page three, second paragraph, she would like to add acon is a consultant for the county, as well as corrected the spelling of his last name to Gary Sanfàcon Shelley Dunbar five, last sentence. Tom Isaacson corrected the spelling of Eileen Monak to read onyok (page six). Allyn Feinberg moved to approve the minutes from Feb. 13, 2013 as amended. Frances Hartogh seconded. This motion passed unanimously. AGENDA ITEM 2 Public Participationfor Items not on the Agenda Stewart Ward, Boulder, on behalf of the Boulder Mountain Bike Alliance (BMA), said cattle guards will be going in at Marshall Mesa and Doudy Draw. He said this is a positive development, and would like to see these implemented throughout the system. John Putnam asked when these would be open for use. Stewart said they do not have a date set yet, but ideally before the season picks up in May. Shelley Dunbar asked why cattle guards are good. Stewart said they are less of a maintenance and safety issue. Kent Young, Boulder, said he wanted to clarify what he spoke about at a previous meeting regarding safe access from Boulder Canyon to Chapman Drive. He said creating safe access from the Boulder Canyon Trail is a Boulder County project, and not an Open Space and Mountain Parks (OSMP) project. He said will not happen anytime soon. He asked the Open Space Board of Trustees (OSBT) to contact the County Commissioners Office to keep the ball rolling. He said this area is still very dangerous as there are no signs making cars aware of pedestrian traffic. Mike Patton said the county has no funding for this project. He said the state is going to be doing an overlay of Highway 119, and OSMP is looking to see if there is enough room to put in a bike lane. Mike said OSMP cannot put up signs in the parking lot without Colorado Department of Transportation (CDOT) permission. John Putnam asked if there are ways to get the word out to different user groups. Annie McFarland said OSMP has received verbal approval from CDOT, but now they are waiting on formal approval. John asked what the timeline would be for this. Annie said she is unsure, but would think relatively soon. AGENDA ITEM 1 PAGE 1 AGENDA ITEM 3 Lauren Kolb, Natural Resource Specialist, gave a presentation regarding agriculture on OSMP. She at one OSMP facility. This presentation is saved at S:OSMP\admin\OSBT\Minutes\Minutes 2013\March. Board members expressed their excitement for this project. Shelley asked if this would be taking place at the other OSMP facilities. Lauren said the plan is to expand, but it will start at the Annex. Shelley asked what the plan is for pests such as deer. Lauren said it will be hard for pests to access the garden based on its design, but they may use netting if necessary. Mike said this i2013, and OSMP is in full support of this project. AGENDA ITEM 4 Matters from the Board Tom said he attended the Greenways Advisory Committee meeting . John said Annie Noble is looking for guidance on who the representative will be for their next meeting in June. The Board said they will wait until the next OSBT meeting to officially appoint their representative. AGENDA ITEM 5 Consideration of Motions: 1) to accept Special Warranty Deeds for approximately 8,200 square feet of land from the Red Lion Inn and Chris and Heidi Mueller abutting Chapman Drive as an addition to the Bonnie Schnell Open Space land; and 2) to approve and recommend a grant of a perpetual access easement along Chapman Drive to the Red Lion Inn, Chris and Heidi Mueller, Bonnie L. Schnell Revocable Trust and Carol J. Loran Trust; and 3) to approve and recommend a grant of an easement for an existing underground water service line across the Bonnie Schnell Open Space land for the benefit of the Red Lion Inn; and 4) to approve and recommend the grant of a nonexclusive license to use Chapman Drive as an emergency access; and 5) to approve and recommend a land exchange between Open Space and Mountain Parks and Chris and Heidi Mueller that would dispose of 1,000 square feet of the Bonnie Schnell Open Space land in exchange for 1,000 square feet from the Mueller parcel. Jim Schmidt, Property Agent, gave a presentation about the 119-acre Bonnie Schnell/Chapman Drive property. The acquisition was closed on Sept. 12, 2012 pursuant to approvals by the OSBT (May, 16, 2011) and City Council (April 6, 2011). Prior to closing, the city entered into a Cooperative Agreement for Bridge Project Funding and Construction with the Red Lion Inn and the Muellers individually as well as a Permanent Easement Agreement with all the property owners who gained access to their respective lands by crossing Boulder Creek at the bridge which straddled the Red Lion Inn and Bonnie Schnell properties. These pre-closing agreements require OSMP to formalize this permanent access easement agreement and grant an easement to the Red Lion Inn for its existing underground waterline which supplies the Red Lion with treated city water. This presentation is saved at S:OSMP\admin\OSBT\Minutes\Minutes 2013\ March. Allyn asked if the term emergency was defined in this easement. Jim said emergency is defined by the bridge being impassible. He said it does not include restaurant customers, only residential use. Shelley asked if the access agreement would stay with the title. Jim said yes. Shelley said she wanted to make sure emergency access is included for public safety, such as fire protection. Tom asked to see a copy of the access easement and wanted to know if that was something that had already been approved. Jim provided the Board with a copy of the easement. John asked if this is a time sensitive item and if the Board needs to make a decision tonight. Jim said no, if the Board needs more time that is okay, but this is AGENDA ITEM 1 PAGE 2 a project that has taken longer than it should have, so he would like to see a decision made tonight. Allyn and Shelley said they would be comfortable deciding tonight. Public Comment None Return to the Board John said he is happy to vote tonight, but it would be helpful when dealing with public access agreements for both the public and the Board to have a chance to review prior to making a decision. Motion Allyn Feinberg moved that the Open Space Board of Trustees recommend the City Council to: accept conveyance of 8,207 square feet of land for Open Space purposes from the Red Lion Inn and Chris and Heidi Mueller on which the realigned Chapman Drive is located; approve the disposal of an interest in Open Space land in the form of a grant of a perpetual access easement across the new bridge and along Chapman Drive to the Red Lion Inn, Chris and Heidi Mueller, Bonnie L. Schnell Revocable Trust and Carol J. Loran Trust, and further recommend council approval of said disposal; approve the disposal of an interest in Open Space land in the form of a grant of a utility easement for an existing underground treated water line, and further recommends that council approves said disposal; approve a land exchange between OSMP and Chris and Heidi Mueller that would dispose of 1,000 square feet of the Bonnie Schnell Open Space land in exchange for 1,000 Frances Hartogh seconded the motion. This motion passed unanimously. Allyn Feinberg moved that the Open Space Board of Trustees approve the grant of a nonexclusive license to use Chapman Drive as an emergency access. Shelley Dunbar seconded the motion. This motion passed unanimously. AGENDA ITEM 6 Opal and Granite Doug Newcomb, Property Agent, gave a presentation regarding the Granite Investors parcel and the neighboring Opal Investors property. These properties have been on the OSMP acquisition target list since 1995. Last year, CDOT identified the 24-acre Granite Investors parcel as the preferred property to use for non-wetland mitigation required by the US 36 project. The city and CDOT jointly negotiated the purchase of both the Granite and Opal properties for a total price of $1.8 million with the understanding that CDOT would pay the $1.3 million price for the Granite parcel and the city would pay the $500 thousand price for the Opal parcel. The city will immediately take title on both parcels. The Granite . This presentation is saved at S:OSMP\admin\OSBT\Minutes\Minutes 2013\March. Frances asked what the resource values on this property are and if it has been used as an agricultural property. Doug said there has not been any agriculture other than grazing. He said the water table is high and a neighboring property is doing wetland mitigation. He said he is unsure about the current meadow jumping mouse habitat. Frances asked when the ownership would be transferred to the city. Doug said that would happen immediately, but CDOT would keep the option to put in improvements. Shelley asked if this property was appraised as two parcels. Doug said the range was $1.675 million and $1.805 million for the two together. Shelley asked how staff came up with the amount for Opal. Doug said they conceded to go up to $500 thousand as there is a joint acquisition and CDOT is contributing $1.3 million. Tom said staff wanted to purchase this property prior to the Hwy 36 mitigation, and asked what the values are independent of mitigation. Doug said wetland values, and for connectivity. Mike said AGENDA ITEM 1 PAGE 3 this was a target as it is contiguous with other OSMP properties, and with the CDOT contribution it seemed to be too good of an opportunity to give up. Allyn said she has seen horses grazing on this property and asked if there is a lease for them there. Doug said there was a lease for grazing tenants on Opal, but it has since been terminated. Eric said wetland mitigation will not be taking place on Granite, and if grazing were to happen it would be for the purpose of establishing a specific habitat. Doug noted that there was not an option to purchase just one property, only the two together. John asked about the mitigation CDOT would be doing, and what the arrangement between CDOT and the city is. Doug said there will be a contract which will call for establishing wetlands, as well as have someone to maintain it; he said that is where OSMP will come in. John asked if this contract is still being drafted. Doug said there have been versions traded, but no one has signed anything. John asked if the contract would come back before the Board. Mike said no, it would be authorized by the city attorney and the city manager. John asked about long-term maintenance. Eric said there is an immediate need for weed management on both properties. He said there would be an ongoing need to maintain moisture for the vegetation structure for the natural habitat, as well as maintenance of woody shrubs. Heather Swanson said establishing willows and other shrubs will be a concern. John asked if the contract with CDOT would require the city to keep up different levels of habitat. Mark Gershman said OSMP would maintain this property consistent with other OSMP properties. John asked if OSMP will acquire water rights. Doug said OSMP will not be getting water or mineral rights. John said this will be different as OSMP will not have to actively water the land. Frances asked who holds the mineral rights. Doug said that information is not documented. Public Comment None Return to the Board Allyn said this will create an unbroken area of habitat and having the opportunity for CDOT to fund part of this purchase is great. Tom said this is something that is hard to oppose as OSMP would be getting a lot of property for a reasonable price, and Shelley agreed. Doug added that OSMP would be paying the home site value versus the per acre value. Frances agreed that this is a valuable parcel and a good deal. She expressed her concern for attaining mineral rights, and asked if one has not claimed these rights in certain amount of time if they become dormant. John said he would stress that the meadow jumping mouse and Ute-- tresses orchid (Spiranthes) are a big part of the conservation connectivity, and staff should take advantage of the opportunity to share the costs. Motion Allyn Feinberg moved the Open Space Board of Trustees approve and recommend that the Boulder City Council approve the purchase of the 29.3 acres known as the Granite and Opal parcels ses. An additional $5,000 from acquisition funds is recommended to be used for immediate needs. Tom Isaacson seconded the motion. The motion passed unanimously. John thanked staff for including the additional funds estimate in the motion. He asked whenever an Intergovernmental Agreement (IGA) is drafted to please include that information for the Board. AGENDA ITEM 7 Chapman Drive Annie McFarland, Visitor Access Coordinator, Eric Stone, Resource Systems Division Manager, and Dean Paschall, Communication and Public Process Manager, gave a presentation regarding Chapman Drive. With the purchase of the Schnell parcel, located on the northwest flank of Flagstaff Mountain approximately three and one-half miles up Boulder Canyon Drive, visitors to OSMP are now able to AGENDA ITEM 1 PAGE 4 make a trail connection from Flagstaff Drive down to Boulder Canyon, via the Chapman Drive Trail. This trail connection was identified as a high priority in the West Trail Study Area (TSA) process. Currently, the Chapman Drive Trail is open for pedestrian and equestrian use. It is also open to uphill bike use, although downhill bike use is prohibited. Dogs are currently allowed on this trail from the Tenderfoot Trail Junction uphill to Flagstaff Drive under Voice and Sight (V&S) control; dogs are not allowed downhill from that junction to Boulder Canyon. This presentation is saved at S:OSMP\admin\OSBT\Minutes\Minutes 2013\March. Allyn asked if the temporal recommendation is only for bikes. Dean said the Board has the option to have temporal restrictions for dogs as well as bikes. He said staff was given the direction to look for additional no dog trails, and this area was considered but rejected by council. He said having a temporal restriction for these user groups allows an opportunity for people to use this trail with no dogs or bikes. Mike said the staff recommendation is for no bikes two days a week, but included including the same restriction for dogs so they could discuss this idea with the Board. He noted that the prospect of having no dogs is more equitable. Dean said this was something that was included, based on public comment. Tom asked when lower Tenderfoot Trail became a no-dog trail. Dean said in the Visitor Master Plan (VMP) this was a trail that led straight into a Habitat Conservation Area (HCA). Eric added that this trail also terminated on private land. They said because of this, it became a dogs-prohibited area. Dean said during the West TSA process, the Community Collaborative Group (CCG) agreed this trail should be no dogs. Tom asked if council said no dogs definitively. Dean said council adopted the maps as presented which included that section as no dogs. He said this was not considered a new no-dog section as prior to the West TSA and CCG it had been no dogs. Frances asked what the fine is for a dog off leash in an HCA. Jean Koszalka said if the trail is a dog- prohibited trail, then it is a Boulder Revised Code (BRC) 8-3-3 violation, and a $50 bond amount. If the trail is on-leash only for dogs, than it is a BRC 6-1-16 violation, and $50 bond amount. If someone is in the HCA and off trail with his/her dog, then he/she is in violation of the HCA permit (a separate violation). Frances asked what the current volume of use is for pedestrian travel and what might be given up if bikes were allowed in both directions. Eric said the use is very light, however, that may be seasonal. Mike said a lot of the use comes from the neighbors of the trail, but he also expects the use to pick up. Tom said he has seen very minimal use recently. Annie said the trail crew working on Chapman Drive in the summer saw five regulars who used the trail every day, and five to ten additional people each day. Frances asked if there will be a user group that may be caught by surprise if bikes were to be allowed downhill. Mike said whatever decision is made it will be well publicized. Annie said the management strategies can help to separate bikes and pedestrians by designating certain sides of the trail for their use. Public Comment Raymond Bridge, Boulder, said he was speaking on behalf of Friends of Boulder Open Space (FOBOS) and Boulder Audubon Society. He said when Chapman Drive first opened there was fairly heavy use, and noted that people seemed to be obeying the rules. He said he strongly supports the staff recommendation for this area to be a designated HCA, as this is an area that has important habitat. He said FOBOS and the Boulder Audubon Society would prefer this area be no-dogs, but supports the staff recommendation for dogs to be on-leash and stay on-trail, preferably with temporal management. He said they also support allowing bikes on both directions of Chapman Drive with possible temporal separation. Dave Kuntz, Boulder, said he was speaking on behalf of PLAN-Boulder County (PBC). He reported that PBC supports: the staff recommendation for the HCA designation, dogs on-leash for entire length of Chapman Drive, bikes traveling in both directions, and for temporal separation, AGENDA ITEM 1 PAGE 5 specifically for no dogs and no bikes, two days a week. Dave said PBC would recommend that trail use be monitored with the results reported back to the Board in one year. He added they would support local bike organizations such as BMA to help assist with patrol, education and instruction on safe riding for this trail. He said the number of users on this trail is going to increase significantly over time which will impact the wildlife on this trail. OSMP should not expect the wildlife to tolerate this much human or dog activity. Stewart Ward, Boulder, on behalf of BMA, voiced support of the recommendation from staff. He wanted to address the concern from hikers regarding the grade of this trail as it is less than initially thought, but he said he does not anticipate user conflict. He said they support the idea of bringing back monitoring results in a year. Shelley asked if he supports two days of no-bike travel. Stewart said he did not have an answer from BMA, but is happy that downhill is even an option. Tony Gannaway, Boulder, said OSMP has created a destination trailhead. He said this area will be heavily used. During the West TSA process, it was decided that the upper portion of Chapman Drive would be a V&S area. He said he understands the need for a consistent approach so, it makes more sense to follow the agreements from West TSA upper Chapman Drive V&S seven days a week. He said lower Chapman Drive would be V&S as well. Tony contacted BMA and based on conversations with them he said it is easier to avoid a dog that is off-leash when riding a bike. He said he spoke with the Boulder County Horse Association (BCHA) and Boulder Runners, and while they do not have an interest in V&S, they feel the work that they did on the West TSA should be respected. He pointed out that making an area an HCA is very serious and dictates the planning for the entire department. Making this area an HCA without thoroughly assessing the recreation and the natural issues associated with it would be tying the city to a specific policy for years to come. Eileen Monyok, Boulder, said she was shocked to see upper Chapman Drive recommended as leash only. She said that seems a bit disrespectful and disregards the public process. For consistency sake, OSMP should keep both upper and lower Chapman Drive under V&S. She said the biggest threat to OSMP land is climate change; the focus should be on getting people out of their cars. She added that neighbors around lower Chapman Drive expressed preference for V&S and this would decrease driving and give V&S options for lower Chapman Drive residents. She supports having dogs off-leash as it is safer around bikes. She said Friends Interested in Dogs on Open Space (FIDOS) would like to see all of Chapman Drive under V&S. Kathy Wolfskill, Nederland, said she would like to utilize the lower section of Chapman Drive as V&S. She said it is frightening to have bikes pass when her dog is on leash and she would support V&S the whole length of the trail. Pidgeon Johnson, Boulder, said she has to travel to get to a V&S area which is not eco-friendly. She said she would like to see all of Chapman Drive V&S, noting that allowing dogs off-leash can prevent injuries that a leash may cause. She said the V&S tag is for dogs that are well behaved; dogs should be used to being around wildlife, and if they are not then they should be on leash. The Schnells have a dog and would be unable to walk it off leash. She said she created a petition for this area to be V&S and received 167 signatures. A copy of this petition is saved in the Board Book. She also noted that people on horseback would need their dogs to be off leash. Aldona Siczek, Boulder, said OSMP does not have respect for the public process. She said a lot of work went into attaining V&S on upper Chapman Drive. Trails that loop are more desirable than out and back trails and not allowing V&S on a section of this loop defeats the purpose. Aldona said OSMP is going backwards as this is something that was already decided. If OSMP is going to allow horses and bicycles, OSMP should also allow V&S. AGENDA ITEM 1 PAGE 6 Mike said he recalls upper Chapman Drive being recommended as a no-dog area during the CCG process. Dean added that he recalled this loop going to council as no-dog and they chose to change it. Shelley said the trail selected to be a no-dog trail was Tenderfoot, and that council said no on Tenderfoot and decided to trade out and have the Boy Scout Trail be no-dog instead. Mike said upper Chapman Drive is part of the Tenderfoot Loop. Shelley said her understanding is that was different. After discussion the Board chose to put this conversation on hold until a map could be pulled up. Return to the Board Frances said the designation of an HCA will have an effect on the use patterns, but staff has provided information that makes this seem contiguous with the rest of the land. She said monitoring this area for a year would be beneficial adding that wildlife values are too high in this area and the compliance is too low for dogs not to be on-leash. Shelley said the HCA designation seems logical. She said she supports bikes in both directions, and would like to see them allowed seven days a week; she said there is plenty of room for all users. Shelley recalled that the CCG was okay with lower Chapman Drive being a no-dog trail. Mark Gershman pulled up a map showing the Tenderfoot and Chapman Drive area and the CCG recommendation for dog regulations. This is saved at S:OSMP\admin\OSBT\Minutes\Minutes 2013\March\Pages from Final CCG Recommendations. Shelley said the Boy Scout Trail is what was ultimately agreed upon to be a no-dog trail. She said she is in favor of consistency of regulations as there will be better compliance and would like to see the entire Chapman Drive Trail as V&S. She noted that the terrain along Chapman Drive forms a natural barrier that keeps users on-trail, but she does not foresee a lot of use. John asked Shelley and Frances their thoughts regarding temporal separation. Shelley said if the trail was V&S she would entertain the idea of temporal separation. Frances said she liked the suggestion of having two days off for both bikes and dogs so others would have a chance to see wildlife; she said each should have one weekend and one weekday off. Tom said he supports the HCA designation and uphill and downhill bike travel seven days a week, with the understanding that this issue will be revisited in a year. He said it would be best to start out presuming this will work and then cut back if needed, adding that the trail is wide enough for all. He said what was decided during the West TSA process regarding dogs should stick. This is especially true for Tenderfoot as it was a thoroughly discussed topic. There is too much complexity to the system and one rule for the entire length is easier. He said if there is going to be a temporal restriction for bikes and dogs there should be different days for both groups to avoid potential conflict. Allyn said she is in support of the HCA designation and there needs to be a way to make a trail with different types of users work. She said she agrees with allowing bikes uphill and downhill, noting that this is a connection that helps get bikes to the lesser-used trails. She said bikes should be restrained in their downhill speed. Allyn voiced uncertainty about temporal use as it is hard to enforce, but she is willing to support a bike-free environment for a couple of days. She said after a year, if this is working, then staff could have the possibility of opening it up to bikes seven days a week. She said having a dog off-leash is less predictable than a dog on-leash, and would support the length of Chapman Drive to be on-leash with the option to use the trail seven days a week. John said he also agrees with the HCA designation. He said he would support bikes being allowed uphill and downhill with no temporal restriction, agreeing that if it does not work then it can be revisited. He noted that consistency is impossible to achieve as the regulation changes when people get to Tenderfoot, as well as the change in V&S regulations surrounding the HCA (on trail V&S). He also noted that he does AGENDA ITEM 1 PAGE 7 not want to go against a regulation decided by council. John said he would prefer dogs on-leash on lower Chapman Drive, but not on upper. Shelley said she liked the idea of a temporal restriction for bikes two days a week, with a different two days of temporal restriction for dogs. John explained that he does not see a need for temporal separation. Allyn added that it may be too complicated and the simplest temporal restrictions are going to be difficult to enforce already. Shelley also noted she would like BMA to help staff with bike patrol in this area. Board members agreed they would like to see outreach staff and BMA promote a recommended downhill speed with reminders to slow down around corners and/or when close to other users. Frances said the Board has heard a lot of information from different user groups about the impact of bikes, and to allow bikes seven days a week is disrespectful to the public process. Tom said during the CCG discussion this was not an area to have a lot of restrictions. Shelley said West TSA always allowed for a hold out of Chapman, and feels the Board is being true to the public. Allyn said this feels like a commitment made for a long time, but it should be monitored. John said this is more than just a temporal issue, if there are complaints or a problem it can be revisited. Shelley suggested temporal V&S on lower Chapman two days a week. She said the neighbors should not have to drive to an alternate trail just for V&S privileges. Frances said you cannot notify the wildlife of the restrictions. She said as a trustee, she cannot see a way to justify off-leash dogs in this area. Tom said one virtue of inconsistency is it allows one to look at differential effects and what could work the best. Frances said the Board does not have baseline data for the effects of off-leash dogs. She said she strongly opposes V&S in this area. Motion Allyn Feinberg moved the Open Space Board of Trustees to recommend that City Council designate the Schnell property as a Habitat Conservation Area (HCA), becoming part of the surrounding Western Mountain Parks HCA. Shelley Dunbar seconded the motion. This motion passed unanimously. Tom Isaacson moved the Open Space Board of Trustees to allow bike travel on the entire length of Chapman Drive in both directions seven days a week. John Putnam made a friendly amendment to have staff report back to the Board in a year. Shelley Dunbar seconded the motion. The motion passed four to one with Frances Hartogh dissenting. Tom Isaacson moved the Open Space Board of Trustees approve that dogs be allowed on-leash from the trailhead at Boulder Canyon to the intersection with the Tenderfoot Trail and continue existing Voice and Sight on upper Chapman. John Putnam made a friendly amendment to have staff report back to the Board in a year. Allyn Feinberg seconded the motion. The motion passed four to one with Frances dissenting. ADJOURNMENT The meeting adjourned at 9:36 p.m. These draft minutes were prepared by Leah Case. AGENDA ITEM 1 PAGE 8