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Minutes - Open Space - 07/11/2001Approved rer rtmended OPEN SPACE BOARD OF TRUSTEES Minutes July 11, 2001 BOARD MEMI3L'RS PRLSF,NT Chris Mueller Sean Kendall Linda Andes-Georges Linda Jouigensen STAFI+ PRESENT Mike Patton Delani Wheeler Ronda Romero Jim Tyciings Lisa Dierauf Susan Ross Lany MacDonnell Kim Escalle Jim Reeder Ceeil Fenio Cathy Vaughan-Grabowski Linda Vandervorf Doug Newcomb CALL TO ORDER The meeting was called to order at 6 p.m. AGENDA ITEM 1- Approval of Minutes Linda .Tourgensen moved that the minutes of June 13, 2001 bc approvcd. Sean Kendall seconded the motion. The motion passed unanimously. AGLNllA ITEM 2- Director's Update Dclani Wheeler presentecl an updaCe on the Boulder Community HospiCal site aC Aiapahoe and 47`~' Streets. She told the board that the Open Space and Mountain Parks DeparCment (OSMP) has been working direcdy with the hospital and the City's Development Review Committee but at fhis time no action was ready for presentation. She reminded the board fhat there is a narrow sfrip of Open Space land along Boulder Creek and, because of thc annexation of this properCy, 31 acres at the site is designated to be environmentally preserved because of flood issues. The hospital will develop fhe remaining 17 acres at the site. There is ongoing discussion concerning the management of the environmentally preserved partion. Because of adjacent OSMP land the preservation will extend the protected area along Che riparian corridor. Off site flood issues that may ePfect the development at this site must be resolved as well as on-site prairie dog and weed management issues. Delani also wanted to tell Yhe board that the department is currently working on a large water rights purchase out of the $450,000 budgeted for water acquisitions this year. The deparCment hopes to purchase 19 acre-foot uniCs of Colorado-Big Thompson water for about $223,OOQ The intenCion is to use this water for agricultural puiposes on the Imel property but beeause inost oP the northern tiier is located within the Northern Colorado Watcr Conservancy DisCrict it can be used on many OSMP properties. In discussion abouY possible candidates for in-sCream flow, Lefthand Creek was mentioned alChough because of the value of the water other uses would bc more economically productive. Larry MacDonnell told staff and thc board that the purchase would be a good investment for the department and could even be traded for other water that would be more appropriate to use as in-stream flow. Larry also explained how the value of this water fluctuates depending on west slope storage, eta Linda Andes-Georges asked if the disposal of water rights would be subject to the same restraints as the disposal of land. Delani told her that according to the City Attorney it would be the same. Delani thanked Linda Jourgensen for connecting her with Linda Miller aC the Chautauqua gift cottage and askcd Catt~y Vaughan-Grabowski fo update the board on how that arrangement is working out. Cathy Cold the board that the relaCionship with the gift cotfage is great and thaf interaction between it and the OSMP cotCage at ChauCauqua has been mutually beneficial. This is proving to be a logical and convenient place Co sell OSMP Trail Maps. Mike Patton asked the board abouC scheduling future field trips. The board agreed that the morning of July 23"~ would be possible. They will meet at 7:30 a.m. at the Chautauqua Cottage and Mike suggested Chat they fQCUS on climbing and bouldering issues. The field trip should conclude around ] 1 a.m. Mike also wanted to update the board on Che status of two Lrail conneckions that have been previously discussed. He Yhought staff would be ready to bring this back to the board in August. He said that bofh the Coalton to Greenbelt trail and the Greenbelt to Flatiron VisCa trail connections have some habitat concetns due to opening up areas that were previously inaccessible. The Greenbelt to Flariron Vista connection has issues because of its proximity Co Highway 93. Mike offered Yo take any interested board members back to the two sites and he also assured the board thaC staff is very thorough in their collecCion of data to give the best advice regarding the impact a new trail would have on its surroundings. The departmenY also hopes to get citizen feedback to help determine what alignmenC provides the best in environmental protecYion as well as a positive visitar experience. Both Linda Andes-Geoiges and Sean Kendall expressed interest in talking with staff inembers on-site. Mike said that staPf would be meeting again with various interest groups to get their ideas about how the trail 1lignment should proceed. AGENDA ITEM 3- Matters from the Board Larry MacDonnell expressed appreciation for the field trip to the mountain parks and related his excitement to be involved in the care and protection of such wonderful lands. He was concerned about the Sunrise Amphitheater and the plans the department is considering for bringing the structure up to ADA staadards. He hoped that the quick fiY compliance project was noC overriding a more holistic view of what the greater image of the amphitheater could and should be. Other board members questioned the restraints that historic designation migbt have on allowing major changes to occur. Sean Kendall suggested that staff and the board review the plans and discuss possible options. Mike Patton reminded the board of some of the design problems inherent with the current structure and he agreed thaE the three design plans might not be sufficienC to meet the department's/communiCy's needs. Chris Mueller asked for clarification on whaY exactly was being planned for the amphiCheater - if plans were being made solely for ADA 2 compliai~ce and addreseing safety issues or if a grcatcr resforation project was in Che works. Mikc told the board that the primaiy focus for the projecC is for ADA compliance and safety, with some minor restoiation. Larry thought thaC a qualified landec'ape architect could create an enhancing design that would maximize Che beauty of the natural surroundings and improve the existing structure wiChout changing its character. He also suggeeted that [here may be enough communiry support lo provide some of the f~mding for this project. He urged the department to pursue this projecY by involving professionals and hoped tllat lhey would go Ueyond Che compliance and safery renovations and move toward a greater restoration and beautificaCion goal. Lariy MacDonnell asked staff for an update on the success of the Mallocy Cave voluntary closure. Mike Patton told thc board that tl~ere has been less compliance Chan what was desired by Yhe department. He said that a number of signs hadbeen desUroyed so that some people weren't aware of Che closure. Some people simply refused to comply. The bat colony seems to have Pewer individuals than in Che past and so staff feels that they have not succeeded in stabilizing the populakion. He mentioned Che success of the closure at Amphitheater Rock and announced the hatching of two prairie falcon chicks. Linda Jourgensen asked staff if Chey were aware of the planned hike Co Mallory Cave that was advertiscd in the newspaper recently. Sean Kendall was in contact wiCh the group organizing the hike and told fhe board that such hikes are planned veiy early on. He told staff and the board that he knew sorne of the ]eaders of the organization were awarc of Che closure, Linda Andes-Georges asked if the area was staffed by volunteers. Mike Patton told her that volunteers and rangers were frequenting tha area and Lhat the rangers were more successful at encouraging compliance than the voluntecrs. Chris Mueller told the board that the City Manager's OPfice has requested the appointment of a member of the OSBT to the Greenways Committee and he asked Mike Pation to explain what this involvement entailed. Mike told the boud thaY the Greenways committee offers advice Co the City Manager about the Greenways sysCem. He said that this system is of critieal inCerest to OSMP and that it often deals with riparian issues. It would be a one year commihnent and the committee meets once every quarCer. Mike emphasized the importance of having OSMP interesYs represented in the group. Linda Jourgensen volunteered for this position and Linda Andes-Georges agreed fo be the alternate member. Chris Mueller asked Che board Co consider two charfer changes that would go to the City Council as recommendations to put on the ballot. He explained the changes that were being proposed and the reasoning behind these changes. The first change in wording (secYion 171) ensures that the acquisition function remain within fhe department The second change in the charter (sact'ion 177 and 175c) requires the consent of the board not only for the disposal of land but also for the acquisition of land. Chris told fhe board Chat several citizens, including some board and staff inembers, and the City A[torney reviewed the proposed changes. Chris said that in order to get this on the ballot the changes would have Co be presenCed to the City Council in August which would require quick movement by OSBT. Linda Andes-Geoiges asked if Che changes in the wording would require the department to always have a real estaCe person on staff. Chris told her that ihe intention is to keep the job of acquiring land for the department wiChin the department even though it would be possible for the City Manager to appoint someone outside the department as Director of Real Estate. Chris added that the department would probably always need a real estate pcrson on staff although the change in the wording does not absolutely require tt~at. Sean Kendall asked for clarification regarding the assignment of land to Che deparCment by the ciry and Chris told him that with this change iC could not be done wiChout the consent of the board. Public Participation Ricky Weiser, 4020 North 75~~' Street, first wanted to suggesl to staff thaf wlien it comes tiine to geY input about changes at the Sunrise AmphitheaCer that they should seek advice from some fechnical people in the CU theatre departmenC. She also urged the Board to pass the proposed charter changes as they were drafted and thoLight that iC would be a good protecYive device for the DeparCment. Return to Board & Staff Linda Jourgensen thought that a ballot issue should be cleac and simple because voters Cend to vote "nd' if they don't understand it. Chris Mueller told Che board that it is the responsibility of the CiCy Attorney's Office to crafC the actual wording for the ballot. Larry MacDonnell commended Chrie on his dcaft fox its clarity and simplicity. MOTION Larry MacDonnell moved that the proposed charter changes along with Cbe attached memorandum be recommended to the City Council. Linda Jourgensen seconded the motion. VOT~ The motion passed unanimously. Chris Mueller introduced discussion concerning a proposed ordinance change by passing out a reviaion oP the original memo and draft. The replacemenC ordinance has addressed budget amounts so that they are consistent with the amount requested from Yhe City CounciL The memorandum was revised to refer to various correspondences between tbe City Manager and OSBT. He explained thaC, if adopYed by tY~e City Council, the ordinance would require the City Manager to include in every budget recommendation the amount of $LS million for the Open Space and Mountain Parks DepartmenC to defray the cost of the Mountain Parks expenses. The ordinance does not purport to tie Che hands of Che City Council but it does direct the City Manager to include tbis amount in his proposed budget eveiy year. This is an atCempt to avoid a yearly debate and possible reduction of the amount that should be designated to the Open Space and Mountain Parks Department. The City Council could add to this amounC or subtract from iC but it will, at least, provide them with a starting point. Linda Andes-Georges thoughC Yhat this proposal was a natural extension of the position that the board holds and that they have no choice but to move forward witb it. Linda Jourgensen was concerned that the ordinance may give the appearance of"earmarking" because the CiCy Manager has no other obligation to the budget like Che one which is being proposed. Chris agreed with thaC but in response reminded all thaf they are only asking for what was part oP an agreement that the board feels has not been honored. 4 Sean Kendall asked fellow board mcmbers if anyone had received feedback from their letters to council members. Chris told board members thaC there was a response from the City Manager's Office which basically rejecled their position on the budget issue. There has been some discussion wiYh a couple of council members buC iC wae not very clear how they stood on the issue. Gencrally, board membeis thought that this ordinance proposal clarifies their stand on the budget and provides somewhat of a fallback. Chris suggested that the council may prefer tliat this be built into the budget to avoid a yearly debate over it. Public Participation None Return to Board & Staff Sfaff and Board members agreed on some minor changes in the revised meinorandum and ordinance prior Co the motion. MOTION Larry MacDonnell moved thaC the proposed charler changes along with Che attached memorandum bc recomniended Co thc City Council. Linda Joui•gensen seconded the inotion. VOT~ The motion passed unanimously. vo~r~ The motion passed unanimously. AG~NDA ITEM 4- Public Participation/Items Not on the Agenda llon Glen, 6S8 Furman Way, related some of his experiences in the field dealing with people who were not complying with some of the wildlife closures. He also wanted to thank staff, especially Cary Richardson, for the closure of the west end of Boulder Rescrvoir for the ospreys. His primary intention, howevcr, was to approach the board with his concerns about rapCor proCection. He sharcd several examples of witnessing iaptors being frightened from their nests by gliders. He reminded staff and the board how tenuous the nesCing situation is and how easily it can be disturbed. He hoped that the board would support the development of some kind of procedure by which a citizcn could report incidences of such disturbances. He mentioned other attempts at approaching various city personnel and the airport manager with this concern but nothing was done. In response, Mike Patton told Don and Che Uoard that he has bcen involved with exacdy this issue but in the past had been discouraged from approaching fhe FAA about esYablishing some reatricCions. A voluntary compliance was attempted through mailings and postings buC was not very successful. Recently, however, the aicport manager, Ray Grundy, thought tha4 it was Yime to gather support and lpproach the FAA about this problem. Mike ihought that they could get supporC at thc state level but was not sure about the federal government. So diseussion is in progress and a letter fo the FAA is being drafted. 5taff and the board discussed what options the department had Por discouraging glider disturbance, but under Che current regulations iC would be difficulC Co control this activity by citations given by rangers. Linda Andes-Georges asked who would be the authors of this letter to the FAA. Mike told her that OSMP, the State Department of Wildlife and, hopePully, the USFS would be involved. Mike also anticipated that Ray Grundy would be willing Co eign the letter. Linda encouraged staPf to pursue this and also suggested an annual program Cbat would educate members of the air communiCy about the effects these disturbances have on wildlife. Don Glen wanted the board to know that the crop duster Cow planes may be in violation of the Boulder Airporf Noise Mitigation Plan which, technically, could jeopardize Che lease agreement between Che city and the Boulder Municipal AirporC (BMA). He wanYed to share this information as possible leverage for getUng some action. Along Chese lines, Lan•y MacDonnell wondered if something could be put into the lease requiring compliance to such air resfrictions. He thought that Che economic pressure would cause the airporf to demand compliance 1'rom the pilots. He thought that this approach may Ue more productive than going to Che FAA. Mike told the Uoard that staff would discuss this possibility and bring it back to Chem at a later date. Ricky Weiser, 4020 North 75~~' Street, asked Che board to include hot air balloon acCiviCies along with the glidecs 6ecause they also disturb the raptors. Ricky also wanCed staff and the board to know that there was some movement going on to change regulations conceining the rights to close off streams as they move through private property. Linda Andes-Georges stressed the importance of documentation of wildlife disCurbances by aircraft as the departmenY pursues this proposal for greater restrictions. Mike Patton assured her that the department would be sure Co address this request. AGrNDA ITEM 5- Volunteer Services for Open Space and Mountain Parks Annual Reports 2000; Midyear Update 2001 Cathy Vaughan-Grabowski introduced tihis itein by commending the work of Lisa Dierauf and Susan Ross, Volunteer Coordinators, and expressing her appreciation for the work and enthLisiasin they bring ta the department. Lisa described the merger transition as going veiy smoothly because she and Susan have not only worked together Uefore but they also work together very well. She described the various categories of volunteers and gave some examples of what they do. She and 5usan plan to have another Yraining session in tbe fall and are currently involved in an evaluation of the volunteer experience by the volunteers. Chris Mueller referred to the agenda item document and attachments and commented about the number of people involved in the volunteer program and tbe amazing nuinber of hours Yhey have contributed. Mike Patton added that the work of the volunteers is an imporCant aid to staff. Linda Andes-Georges Cold the board that no matter how impressive the number of hours worked appears, it is probably greatly underesfimated. Susan and Lisa desciibed how Chey have divided the administrative duties and organized the newly combined programs. Lisa also mentioned some of the enrichment training sessions that were being offered to volunteers and invited any interested board members to attend. Public Participation None 6 Return to I3oard & Staff Sean Kendall asked if volunteers were involved in d•ail mainteuance. Susan Ross told him that Americorps as well as individuals may get involved. Sometimes a special interesC group will "adopP' an area and return to the same site Co work year aPter year. Lisa Dierauf told the Board that somc oP Che volunteer tasks require specific skills, such as birding, but there are plenCy of more general types of jobs available for anyone who would ask to help. Chris expressed his appreciation for Che success of the volunCSer program and ren~inded the board that this agenda item required no acCion. AGTNDA ITEM 6- Consideration of a motion to honor the Nm~thern Arapaho tribe. Mike Patton introduced Doug Newcomb to present this agenda item to the board. Doug told board members that this declaration is similar to what other organizations were doing to honor the NorChern Arapaho tribe. He told them Chat OSMP has had a lot of inYeraction witli members from this tribe concerning recommendations for handling cultural issues on OSMP lands. For the past six years the departmenC has invited members from several Cribes to pardcipate in consultadons that they havc oiganized. Dot~g also menTioned several imporCant individuals, s~ich as Nelson While, Gaiy Brown aud Francis Brown, who have participated in Chis consultation and expressed his hope that the board would make this recommendation ko the mayor. Cl~ris Mueller was concerned that othcr u•ibes may feel left out since dhis was addressing only one speciPic tribe. Doug didn't think that any other h~ibe would think it inappropriate for this department to propose this honor to the NorChern Arapaho tribe because of the special relationship it has with them. Public ParYicipation Don Glen, 658 rurman Way, told the board that at the gatharing at CU the mayor, Will Toor, told Yhe audience ChaC Boulder citizens participaCed in the Sand Creek massacre. He also mentioned an incident when a Native American expressed his appreciation for a wildlife closure thaf was protecCing eagle nesting siles. Ricky Weiser, 4020 North 75~~' Street, shared her experience of playing hostess to a field trip that was held on her land as parC of the Tribal ConPerence. Return to Board & Staff Mike Patton toid Che board that much of the departmenYs good relationship with the Native Americans was due Co lhe interacCions and efforts by Doug. MOTION Linda Jourgensen moved that Che OSBT recommend that Che Mayor sign a declaration honoring the NorChern Ar~pal~o tribe. The moCion was seconded. VOT~ The motion passed unanimously. AG~NllA ITEM 7- Consideration of a lease management program for certain structures on Open Space and Mountain Parks lands and recommendation to apply revenue from such leases to building maintenance, refurUishment, restoration and stabilization for Open Space and Mountain Parks purposes. Jim Reeder introduced this leaee management plan by telling the board that there are six houses owned by OSMP that, with minor improvements, would be suitable to lease. The department would hire a manager to take charge of the leasing which would spare staff for other duties. The revenues earned would be used to restiore and mainCain structures on Chose and other OSMP properties. One of the improvemenCs would be the installation of fences that would delineaYe the areas usable by the Cenants. He also told the board that there would be no pets allowed and there would probably be one year leases. Delani Wheeler was very successful at finding a lease managemenC company willing to take the job at a very reasonable rate. The department estimates a gain in revenues of between $37,000 and $44,000 in the first full year. Sean Kendall told staff thaC they would have to follow scaYe statutes regarding evictions for nonpaymenf of rent. He was also curious about fhe leasing company chaiging the department even if a house was vacant. Delani Cold him that because Che company agreed to a management fee based on collecCed rents, Chey would not collect the management fee until the house was rented. Sean also asked if the revenues earned from these houses could be used for other OSMP puiposes. Jim Reeder said this was the case and told him that as long as the department purchases new land it will also continue to acquire buildings which will need mainCenance. The departmenc currently owns 110 sh~uctures. Mike PatCon Cold the board Chat there are resforation projects Chat will require over $100,000 just this year so this sort of fund will supplement Chese kinds of projecCs but it also can be used for other OSMP puiposes. Linda Andes-Georges asked if OSMP employees would be given first choice al renting these properties at a discount. Delani told her thaC this was attempted earlier witli an employee caretaker program but there were potential issues with compensation and taxation that made the situation problematia The department has made offers to oCher city and county housing programs to relocate some of these houses but at this time there has been no interest. Chris Mueller asked if the chat~ter allowed the department to parcicipate in such activity and Delani Cold him that discussion with the City AtCorney's Office assured them that since the property was owned by the deparfinent the revenues would be also be theirs. Mike Patton told Che board that a citizen suggested using rental revenues as a way of heiping to sustain our system. He also told them that staff was bringing this item to tihem to geC their advice. Chris Mueller felt that this kind of activity is not a funetion of the departmenC and recommended that it should eventually be phased out. He suggested renting the structures for the length of Cheir useful life and then razing Chem. Mike said that because some of the structures may be considered "historic" (anyChing over 50 years) they may have to be stabilized. Linda Jourgensen agreed that Che historic issue is imporCant but also that destroying houses in an ~uea where fhey are in such demand should also be a considerafion. There was other discussion regarding the possibility of moving and/or selling the houses or deconstructing them for salvage materials. lt was also suggested to offer the houses for free if the taker moved Chem off of the properCy. Delani told the board tbat because of the hisYorical significance and the materials used, moving some of Che structures may not be a 8 possibiliry. Chris again voiced his concern tl~at thc memo does not indicate intent~ion to move away from the residential rental Uusiness. Public Participation Ricky Weiser, 4020 North 75t~' Street, lives near the Kolb property which is an opcrating farin Uut no one lives there. She tlioughC it seemed a shame to have a house sit empty, especially wiLh all the Tarming activity going on around iti. Return to Board & Staff Delani Wheeler said that ~ome sCructures end up having other uses over tiine and examples were given - fire cache, storage, eta She told Clie board that the department didn't inCend to get intio Yhe leasing business ae a primaiy goal but acquisitions naturally brought in lhc responeibiliCy of dealing with structures. Chris Mueller told slaff thati he thought leasing them for now was acceptable buC would hesitate to agree to spend large sums of money to keep them up. He thought that they should be managed with the intention fhat we are getting out of the business but that continued maintenance could prolong this. He did agree that using the structures for OSMP puiposes was appropriate. He asked other board, members how they felt abouC this iYem. Lariy MacDonnell agreed with Cbris, and hoped Che consideration would include Che inlention of eventually phasing out the leasing plan. Linda Jourgensen thought Yhese sfructures should be used for the fiine being and they would be available for departmant use in the firture. She opposed destiroying the houscs. Linda Andes-Georges agreed with Linda Jourgensen in thaC it would be wasteful Co destiny Clie structures or let them go to ruin. Staff and the board discussed possible changes to the consideration and thc board asked staff to adjust thc recommendation and return it to the board Tor approval. ADJOURNMTNT - The meeting adjourned at 9 p.m. These draft mi~utes were prepared by Cecil Penio.