07.10.13 OSBT xcel-complete
CITY OF BOULDER
OPEN SPACE BOARD OF TRUSTEESAGENDA ITEM
MEETING DATE:July 10, 2013
AGENDA TITLE
Recommendation to enter into a nonexclusive licensepursuant to
Boulder City Charter Section 171(a) and Section 175(h)between OSMPand Public Service
Company of Coloradoto place power poles on the East Ruddproperty for the purpose of
facilitating the construction of the planned Community Ditch Trail Underpass at State
Highway93.
PRESENTER/S
Michael D. Patton, Director, Open Space and Mountain Parks
JamesReeder, Land andVisitor Services Division Manager
EXECUTIVE SUMMARY
Currently Public Service Company of Coloradohas an electric power line and supporting poles
that cross the area where the planned Community Ditch Trail underpass at State Highway (SH)
93 will be constructed. There are three poles that need to be relocated onto Open Space and
Mountain Parks (OSMP)property known as East Rudd. The poles could not be relocated within
Colorado Department of Transportation(CDOT)right of way(ROW)due to the grade
differences and tight layout that will exist between the ditch, trail and retaining walls. Public
Service Companyis willingto effect the relocation but will require an easement to legally place
them on OSMP lands and to maintain them and the line in the future.
OSMP staff is requesting that theBoardrecommend that OSMP grant a nonexclusive license to
Public Service Company of Coloradoto allow Public Service Companyto do this relocationin
the near future so as to not cause a delay in construction activities. Concurrent with this, OSMP
and Public Service Companywill be preparing and processing aneasement requestthat will
allow Public Service Companyto maintain the poles and lines in the future.
A recommendation from the Board is required before the department can grant any nonexclusive
license (Charter Section 175(h), BRC 1981).
AGENDA ITEM 11PAGE 1
STAFF RECOMMENDATION
Staff seeks a Board motion to recommend that thedepartment grant a nonexclusive license to
Public Service Company of Coloradoto allow it to place a portion of a power line including
installation of up to five poles across the East Ruddproperty for the purpose offacilitating
the construction of the planned Community Ditch Trail underpass at State Highway 93.
COMMUNITY SUSTAINABILITY ASSESSMENTS AND IMPACTS
Economic –This nonexclusive licensewill facilitate the construction of the Community
Ditch Trail underpass and widening of SH93. Both are likely to entice more people to
visit and do business in Boulder.
Environmental –There are always environmental impacts associated with the
constructionof infrastructure on OSMP lands. However, OSMP staff continues to work
with Public Service Companyto minimize any potential impactsof this project. These
pole relocations add very little impact to this project.
Social-There are no known negative social impacts associated with this
nonexclusive
license.
OTHER IMPACTS
Fiscal –This licensewill have no fiscal impact on the city.The poles are being relocated
at Public Service Company’s expense.
Staff time –The only staff time involved is the time needed to createthe license
documentand pole relocation monitoring.
PUBLIC COMMENT AND PROCESS
This item is being heard at this public meeting, advertised in the Daily Camera onJuly 7, 2013.
ANALYSIS
Currently Public Service Company of Coloradohas an electric power line and supporting poles
that cross the area where the planned Community Ditch Trail underpass at SH 93 will be
constructed. There are three poles supporting the line that are presently in CDOT ROW.
However, that ROW will be needed to constructthe underpass at this location. Therefore, these
poles need to be relocated onto OSMP property known as East Rudd. Public Service Company
is willing to effect the relocation at itscost.See Attachment A.
Public Service Companyrequires aneasement from the city to place the poleson OSMP lands
and to maintain them and the line in the future. OSMP staff is currently workingon the details of
this easement and willcomebackto the Board with a request to grant such an easement.
However, granting an easement requires going through the disposal process which takes a
minimum of 90 days and can take considerably longer dependingon when the items can get on
variousmeeting agendas.
CDOT and itscontractor are hoping to start work on the underpass later this summerand the
poles need to be moved before they can start. OSMP is desirous that there not be a delay in the
constructionof this much-needed underpass. Also, the construction schedule is very tight and
AGENDA ITEM 11PAGE 2
This page is intentionally left blank.
AGENDA ITEM 11PAGE 4
%88%',1)28%<GIP4SPI6IEPMKRQIRX
4VSTSWIH4SPI
0SGEXMSRW
9RHIVTEWW
'YVVIRX4SPI
0SGEXMSRW
%+)2(%-8)14%+)