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Minutes - Open Space - 03/14/2001Approved as antended 4/04/Ol. OP~N SPAC~ BOARD OF TRUSTEES Minutes March 14, 2001 I30AI2D MEMB~RS PRESENT Crystal Gray Chris Muellcr Linda Andes-Georges Larry MacDonnell Linda Jourgensen STAPF PR~S~NT Jim Crain Delani Wheeler Ronda Romero John D'Amico Lynn Riedel Joe Mantione Ann FiYzSimmons MatC Jones CALL TO ORDER Mike Patton Dave Kuntz Cecil Fenio Ann Armstrong Bob Crifasi Ann Goodhart Eric Butler The meeting was called to order at 6:15 pm. The Board expressed its appreciation to Crystal for her years of dedicated service. CiysYal commented on some of her experiences with the OSBT and thanked the staff for their professionalism. AGENDA IT~M 1- Approval of Minutes Chris Mueller nioved Chat Che minuCes of February 28, 2001 be approved. Linda Jourgensan seconded the motion. The motion passed unanimously. AGI3NllA ITEM 2- Directoi's Update Mike Patton introduced Lynn Riedel and Ann Armstrong, Plant EcologisYs for OS/MP, who presented a summary of the Plant Ecology Work Program 2001. They described the merging of Che Cwo deparCmenCs and their combined effort to moniCor, inventory and resCore plants and their habitats. As the work plan grows they are setting priorities. The combined OSMP lands support 2 federally listed species and 25 species considered "sensitive" atthe county apd agency levels. StafY is estaUlishing eriteria for monitoring needs. Field work provides data for the GIS database. A major task for che year is to design a comprehensive.and sustainable long-term monitoring program for vegetation studies. Jim Crain presenCed the Preliminary Report on PoCential System and Funding needs for the former Mountain Parks Land System (aka fhe "white paper"). This document was created in response to the realization thaY funds transferrecl to accommodate Mountain Parks expenditures were less than anticipated. Chris Mueller made som.e computations based on past budgets and spending in tlie Mountain Parks Departn2ent. According to his calculations the amourat ~. ~ transferrecl is actually about $500,000 less Chan what they thought it took to run Mountain Purks. He notecl that the ~xet effect of this was exactly what Open Space stajf and Board thought was not going to happen - being saddled witli an urulerfunded progra~n. Chris also mentionecl his conversatiora with. Christine Anderson regarding this discrepancy. Because Mountain Parks spe~it less than what they were budgeted last year, tlie confusion seenis to steni from which amount was agreecl upon to be traiasferred - the amount Mountain Parks spent or the amount they were budgeted. AlChough Open Space sta,ff and Board expected the ainount budgeted, the City Manager's office a~~parently a~iticipated transferring the amou~at equal to what was actually spent. Staff continued to cespond to quesrions posed by the Board regarding budgeY fig~ires, allocations and fiscal needs. SuggesCions on how Co make up for the deficit included retrieving more lottery funds, pursuing grants and other funding sources (including soliciting donations), partnering with other programs and the utilizaLion of volunteers. 5taff and Board will continue addressing Chis issue and future discussion is imperative. Regarding a concern that Ricky Weiser addressed at the last Board meeCing, Mike Patton reported tbat thc Flagstaff road closure sign is functional and kept cun•ent. Crystal Gray suggested that Ricky's point was that the sign's location was the problem It should be at the botCom of the hill rather than the top so that people will know that they can't drive to the top. Jim Crain said that it could be taken care of. Dave Kuntz has been working with Bolder Boulder's training ChaY is occurring on Open Space and Mountain Parke trails. Staff is focusing on the "Leave No Trace" message since thc training will involve raCher intensive use. Dave also mentioned the upcoming BCNA symposium of which OS/MP are co-sponsois. Linda Andes-Georges thanked the DeparCment for their contribution Co that event. Jim Crain updated the Board on the Lafayette IGA. This agreement will address several issues: the al~andQnmenC of Anderson ditch (which will end a lawsuit), the consideration of the consU•uction of a pipeline, and Che reception of a trail easement that will connect Dry Creek with Baseline Reseivoir. Jim mentioned some of the details that must be dealt wiCh as Che agreement moves forward. Lafayette must be in total agreement before granting the trail easement. Sue Ellen Harrison added that it would probably be years before the trail easement would be granted to OSMP. Jim felt encouraged ihat this agreeinent will help esCablish a trusting relationship between the two cities. Jim Crain asked Dave KunCz to update the Board on the two generating facilities PG & E and Calpine proposed for the area. Dave said that Chere have not been any big changes since the last board meeting discussion. Jim expressed his concern about contaminants that may come out of the smokestacks and an increase in natural gas prices. Crystal Gray told the Board that she still intends to write tihe letter that she offered to write at a previous board meeting. Sue Ellen Harrison informed the Board and staff fhaf the Calpine proposal has been dropped. Delani Wheeler provided copies of a flyer ihat is being distribuCed by Alan Taylor, inviting the public to atfend meetings and workshops for discussion of the SouCh Boulder Creek Taggart report. This will, hopefully, provide needed information and encourage citizens to volunteer Co be on the advisory board. Crystal Gray suggested fhat we have the Board's recommendation 2 J• regarding the Taggart reporC available, as a handout, at the varioL~s meetings. 7im Crain invited Linda Andes-Georges to update the Board on the Pinnacle Towers' proposal Yo put a radio tower on ~1 Dorado Mountain. Linda recently took an informational field Crip to the site. Although current usc of the exisCing Cower provides an important function to the cily, she maintains that the new proposed towers are unnecessary. 7im voiced his concern abouC tbe towers' effect on the quiet zone. Sue Ellen Harrisou revealed to the Board that if the proposal is passed iC opens up the potential for even more towers to be added to the site. She said that her office is composing a letter of concern about the proposed towers' effect on NIST and CU activitics. She also said that the health research that has been done does not address this pa~•Cicular situaCion so there may also be unknown health concerns. Jim Crain clacified a budget issue for the Board. In fhe budget reduction proposal if was mentioned that certain funds set asidc for waCer and/or mineral righte may be cut He explained that if staff sought purchases of such righCS the money would come from our main acquisition fund These types of pui•chases would be in lieu of properties. Jim Crain reminded the Board that the retreaC was still tentatively planned for Friday, Apcil 13. He said that the new Board member would be chosen next Tuesday. AGENDA ITEM 3- Matters from the Board Linda Andes-Georges asked for an update on the aiiport issues. Mike Pafton informed the Board that he met with Ray Grundy who would be coordinating a meeting with FAA and other agencies in an attempt to designate some seasonal closures. There are some issues regarding Che flushing of peregrines by gliders. Mike said that nothing definite has been decided. The Board requested some handouts for background informafion on this problem. Linda also expressed concern with staffing, commending Maria Maycr on her professionalism during a recent, particularly difficult day. She ]isted several examples of dog owners and bikers disregarding regulaCions on various trails. Linda thought that these situations reflected the need for more stafP. Mike Palton responded to the staffing problems, indicating that although we are down three rangers due to health issues, we are also lacking two positions as the resulf of the merger. He asked to get specific inPormaCion about the dog problems so that he can alei~C the rangeis to those parCicular trails. Mike also menfioned Yhat staff will be working with FIDOS to discuss problems and issues of dogs' impact on trails in hopes of determining possibie solutions to these problems. CrysYal Gray asked ChaC sfaff place in their Piles a letter of thanks from Terry Phillips for the Board's leCfer responding to the Colorado Nacural Area Program. AG~NDA ITEM 4- Public Participation/Items Not on the Agenda None 3 •~ AGENDA ITEM 5- ConsideraCion of the purchase of approximately 64.5 acres in fee, along with 20 shares of Left Hand Ditch Company water from Silvano and Elvira DeLuca for $1,395,000.00 for Open Space and Mountain Parks purposes John D' Amico introduced this iticm for consideration by making a slide presentation showing both the Hester and DeLuca properties. The DeLuca properry forms the southern boundary to the County's Open Space Sutherland parcel and is adjacent to the west side of the proposed Hester acquisition. Staff has identified significant habitats wiChin Che propeirty and because of its localion it is considered part of the enCrance corridor to Boulder. John also su•essed the importance of preserving this agricultural area and how this purchase, along wiCh the proposed Hester acquisition, will hclp keep the irrigated areas from being fi•agmented. He explained to the Board that the purchase of the property entails some initial expenses for fence and irrigation improvements (esCimated at $12,000.00). Chris Mueller questioned the status of the 21.5 acres that the DeLucas wished Yo reCain as a residence building site and John told him that it was not part oP the 64.5 acres indicated for purchase and could not be used for anything other fhan a single family residence., The Deluca Pamily will retain an access and utility easement that cuts across the western portion of the proposed acquisition. John explained ChaC this was a problem faced by staff, but after careful review it was decided that the easfern portion of this property was the most important part of the acquisition and so providing that easeinent to the DeLucas seemed a reasonable Yrade-off. Public Participation None Return to Board & Staff No comments. MOTION Crystal Gray moved thaY the OSBT approve the purchase oP approximately 64.5 acres in fee, along with 20 shares of I.eft Hand Ditch Company water from Silvano and Elvira DeLuca for $1,395,000.00 for Open Space and Mountain Parks purposes and recommend that CiCy Council approve the purchase and authorize the Cify Manager to execute the documenYs needed to compleCe tihe purchase. Chris Mueller seconded the motion. VOTE The inotion passed unanimously. Linda Andes-Georges questioned the staff about the type oP fencing that will be used. Jonn D'Amico and Mike Patton assured ber that HTF 10 strand would be used in lieu of barbed wire. MOTION Crystal Gray moved that the OSBT xecommend spending $12,000.00 for fencing and irrigation improvements. Chris Mueller seconded. 4 VOTE The motion was passed unanimously. AGF,NDA IT~M 6- Consideration of the purchase of approximately 39 acres in fee and 30 shares of Left H1nd Ditch Company water located north of Nebo Road between roothills Highway and NorCh 39`~' Sh•eet from the Hester Family Trust for ~680,000.00 for Open Space and Mountain Parks purposes. John D'Amico described this purchase as providing good continuity for the wetland community that also exists on lhe DeLuca propei~ty. He also explained that this property is a key acquisition in linking the Campbell and DeLuca properties which restores a major portion of the original cenYennial farm. John also sCressed the importance oY' the water shares and reservoir that are included in the purchase. Chris Mueller qucstioned the prices on both the DeLuca and Hester properties. John replied that the expcnse is due to Che value of thc homesites present. Comparing Che purchase prices with other property transactions in the area, staff feels confident that they made a fair dea1. Lariy MacDonnell asked if Lhe conservation easement on Che Sutherland property continued over to fhe property in consideraCion. John assured him Chat t6e easemenC sCops at the fee ownership. Crystal Gray commented that the visual presentation of these acquisitions was impressive and wondered about the possibility of providing the council with a similar type of presentation every quarter. PuUlic Participation None Return to Board & Staff No commenfs. MOTION Chris Mueller moved that the Open Space Board of Trustees approve the purchase of approximaCely 39 acres in fee along with 30 shares of Left Hand Ditch Company waCer from the Hester Family Trust for $68Q000.00 for Open Space and Mountain Parks purposes and recommend that City Council approve Che purchase and authorize the Ciry Manager to execute thc documents needed to complefe che purchase. Linda Jourgensen seconded the motion. VOT~ The motion passed unanimoualy. AG~NDA ITEM 7- Consideration of a joint purchase with Boulder County of an undivided one-ha1P interest in approximately 585 acres in fee and approximately 37 acres in conservation easements located primarily north and east of the intersections of Oxford and N. 63`d St. together with 580 shares of Left Hand Ditch Company from Ray C. Imel, Inc. for Open Space and Mountain Parks purposes. Ann Goodhart described the property as being a large working ranch that includes a cattle operation as well as irrigated cropland. She explained that thc shu•es of water will be split 5 with Che County and used on the Imel properry. The ihree single-family houses, barns and other outbuildings are not part of the fee purchase but will be subject to restiYCtions in the conservafion easement. lf developed, fhis land could be divided into 36 homesites. Ann gave a slide presentation and described the habitats and some of Che flora and fauna found on the properry. She also told the Board that ~he agricultural land is considered to have state and national imporlance. Public Participation Ricky asked if fencing the cTeek was intended Co kecp people that live there out oi to let it be open Co people walking along Che creelc. Ann Goodhart responded that Che main function of Che fencing was to keep livestock out of the creek and, at this time, no trail is planned far that area. Return to Board & Staff The Board had questions regarding the maintenance of this jointly purchased parcel. Although the County has lead management responsibilities no real agreement has yeC been made. Mike Patton told ihe Board Chat the two departments have already begun discussion. Jim Crain said that we will probably be responsible for half the mainfenance expense. When questioned about general problems that may arise wiCh joint ownership siYUaCions, Jim assured the Board that the two organizaCions get along well and thaC he anticipated maintenance issues would be worked out as smooChly as the acquisitions Larry MacDonnell voiced concern over protection for Left Hand Creek beyond OS/MP holdings. Ann Goodhart said that there are several private owners of land adjacent to the creek and some of these are properties that will be considered for future acquisitions. Ann explained that the conservation easement creates a 100 ft. buffer zone Yo protect the riparian area. It was noted thaC protecdng Preble's jumping mouse requires a buffer zone of 300 ft. and that this shouid be faken into consideration for future acquisitions that contain that puticular habitat. MOTION Linda Jourgensen moved that the OSBT approve the shared purchase with Boulder County of approximately 585 acres in fee, 37 acres in conservation easements and 580 shares of Left Hand Ditch Company owned by Ray C. Imel, Inc. under the terms and conditions outlined herein for Open Space and Mountain Parks puiposes and recommends that City Council approve che purchase and authorize the Ciry Manager to execute Che documents needed to complete the purchase. Crystal Gray seconded the motion. VOTE The motion passed unanimously. ADJOURNM~NT The meeting adjourned at 9:35 pm. These draft mirtutes prepared by Cecil Fenio.