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HomeMy WebLinkAboutMinutes - Open Space - 11/08/2006Approved ]2/13/IOOQ OPEN SPACE BOARD OF TRUSTEES Minutes November 8, 2006 BOARD MEMBERS PRESENT Kay Tauscher Bill Briggs Bruce Bland Allyn Feinberg STAFF PRESENT Mike Patton Dean Paschall Ariel Calonne Jim Reeder Delani Wheeler Dave Kuntz Ann GoodhaR Cecil Fenio Ronda Romero Matt Jones John D'Amico CALL TO ORDER The meeting was called to order at 6:03 p.m. AGENDA ITEM 1- Approval of Minutes In the minutes of October 11, 2006 Kay Tauscher pointed out that the informal vote for the prohibition of using lights by mountain bikers at night on trails 13 and 14 should have been 3-2 in favor. Bruce Bland also noted that the Board voted not to construct the lower poudy Draw loop trail. Because of an unclear count on the tape, it was agreed to indicate a"majority" favored the bike light prohibition and to also make the recommendation not to construct the lower poudy Draw loop read more clearly. Allyn Feinberg moved that the minutes of October 11, 2006 be approved as amended. Kay Tauscher seconded and it was passed unanimously. In the minutes of October 25, 2006 Bruce asked to clarify his comment about aclmowledging "the complexity of the mission and funding sources of the Parks and Recreation depaztment." Bill Briggs moved that the minutes of October 25, 2006 be approved as amended. Allyn Feinberg seconded and the motion passed unanimously. AGENDA ITEM 2- Director's Update Mike Patton reported that the department has reached an agreement with the city of Louisville regarding the Highway 93 underpass. There ue three primary issues that still concern FRICO: dogs in the ditch, horses in the culvert, and the potential to slow water delivery due to structural aspects of the undeipass in icy conditions. Staff has deternuned a way to alleviate that particulaz problem and does not think it will be an issue. Regarding dogs entering the ditch, monitoring the trail may be necessary and if dogs aze found to be entering the ditch, an on-leash requirement may be established. Water in the stretch that goes through open space property will be tested and compared to baseline measurements. Current impacts to the water come from the presence of cattle on adjoining land and possibly from septic systems in Eldorado Springs. Mike said that the issues aze expected to be resolved favorably. Ann Goodt~art gave an update on the Eldorado Springs / Mushall Fire Protection DistricYs request to transfer the fee title for a total of 2.63 acres in order to improve and enlazge the existing firehouse. The Open Space Department purchased the property in 1975 with the understanding that the fuehouse would remain there and a good working relationship has been maintained with the fire district. In the past, open space has agreed to continue a lease arrangement but has not been willing to sell the property. The district is now hoping to consolidate with the Cherryvale Fire District to become the Rocky Mountain Fire Protec[ion District which must be approved by a special election to be held in early December. Ann reported that staff recommends waiting for the election outcome before entertaining the request and taking no action on the proposal at this time. She explained that if the consolidation is approved the Eldorado fire station would be the potential site of the new, consolidated fire district station. Bruce Joss, attomey for the fire protection district, provided some background on the parcel and the problems they believe surround the deed. An incorrect legal description was recorded on the original deed given to the fire district from the property owners. When the owners prepared to sell their property, the fire district retumed the incorrect deed with the expectation of receiving a deed with the correct legal description. For some reason a correct deed was never recorded. Mr. Joss said that despite this failure, the intent that the district would receive the deed to the property was clear. Mr. Joss said that when the city purchased the property an exhibit was included suggesting that the ownership of the parcel could be the districYs due to adverse possession. Allyn Feinberg asked where the optimal location for a consolidated fire station would be. Mr. Joss said that this is a very good location because it is so accessible. When questioned about the potential for the voters to approve the consolidation, Christopher Smith, member of the Fire Board of Eldorado Springs, said that because approval would mean a change in the mil levy, voters may not approve it. Because the consolidation would result in a rating change, insurance rates could become lower and this might balance the mil levy increase. Mr. Smith stressed that consolidation would insure continued excellent service by the ability to function as a professional rather than a volunteer service. Bruce Bland noted that this proposal involves an ownership dispute and thought it was appropriate to postpone discussion until afrer the election. He said that the Boazd is charged with protecting the citizen's interest in the open space program and, traditionally, does not make donations of land. Allyn agreed that it made sense to postpone discussion and decision until after the election. Kay Tauscher also agreed. Bill Briggs asked if this would come back to the Board. Mike clarified that a long-term lease (up to 20 years) or a disposition would have to be approved by the Board. AGENDA ITEM 3- Matters from the Board Bruce Bland reported on a recent newspaper article that explained the more restrictive dog regulations in Lafayeite. As nearby communities adopt stricter dog regulations, Boulder will be a magnet for people who want to experience more liberal dog opportunities. Bruce asked what nonresidents pay for a dog tag and Delani explained that the amount, $18.75, is based on the same ratio that Pazks and Recreation uses for nonresident fees. AGENDA ITEM 4- Public Participation None. AGENDA ITEM 5- Consideration of the purchase of approacimately 10 acres of land in fee, for $824,000 from Louella Hodges, Personal Representative for George Shauahan, and the authorization of an additional $5,000 for immediate property improvements located at 1031 Marshall Road for Open Space and Mountain Parks purposes. John D'Amico described the location of the property and explained that the pazcel is generally surrounded by open space and lazge rights-of-way (roads). The purchase of this property meets the goal of acquiring gateway properties. He noted that a umque feature about this property is the geat amount of frontage along Highway 93. John relayed the county's deternunation that the house has no historical value. He said staff recommends that the property be closed to the public until a management plan is in place which, preferably, would be rolled into next year's management planning efforts. Another major attribute of the property is its proximity to the South Boulder Creek Trail which is an area that is well used. The visibility from Broadway, north and southbound, is also an important feature of the property. Kay Tauscher asked if the price was the same as what was asked on the open market. John responded that it has been on the market for a year with a list price of $995,000. A firm offer was made but did not go through. The property has been zoned ruraUresidential so it could be a single family dwelling. The current contract reflects an amount that staff feels is the market price. Bill Briggs pointed out that despite the county's historical assessment, the neighbors feel the house does have some historical significance. John responded that the department will follow Boulder County and the historical group's assessment of the house. Staff has not yet detemuned what to do with the house but the resource conservation workgroup has indicated the desire to include acquisitions such as this into the azea management plan and not deal with it separately. A timeframe for this plan has not been established. Bruce Bland asked if there were any mineral or water rights that come with the property. John told him that there were no water rights and the mineral rights are owned by the state. Regarding options for the house, John said selling the house and moving it would be the most desirable option but that staff would also consider deconstructing. Because of the location of the house on the property, in the middle, it is doubtful that staff would consider selling off the small parcel where the house is. Allyn Feinberg asked if the South Boulder Creek Flood Study included this azea in any kind of mitigation plans. Delani Wheeler said it was doubtful because the current direction is to move away from developing lazge flood wntrol projects over the landscape. Public Participation None. Return to Board & Staff MOTION Allyn Feinberg moved that the Open Space Boazd of Trustees recommend that the city council approve the purchase of approxunately ten acres of land in fee for $824,000 and authorize an additional $5,000 expenditure for immediate property improvements for Open Space and Mountain Parks purposes. Kay Tauscher seconded. VOTE The motion passed unanimously. AGENDA ITEM 6- Consideration and recommendation on ordinances amending the Boulder Revised Code to implement the Open Space and Mountain Parks Visitor Master Plan for Commercial Use and Special Use Permits. Matt Jones gave a power point presentation that provided the background leading to the need for ordinance changes. He highlighted the changes in the Special Use Pernvt and defined when and what types of Commercial Use Permits are required. One of the issues that needed [o be addressed was detemuning what constitutes a bona fide educational institution. Ariel Calonne explained how he and OSMP staff members were translating the raw ordinances into a practical application. From this, the city manager's rules were developed. Allyn Feinberg asked about a particulaz activity involving local high school athletes running up Flagstaf£ Matt said that since it is a school group they would be required to get a Special Use Permit if there were over 49 participants. A goal will be to work with the schools so they understand the process and requirements. Matt said the intent is to avoid conflicts and minimize impacts. Dave Kuntz reminded the Board that the council gave clear direction regarding no competitive events on open space. Although training runs would be pernutted, some of the athletic activities that occur aze difficult to categorize. Dave said staff will sit down with athletic directors to get the pemutting requirements sorted out. Ariel added that there was discussion about how to handle the political components such as parents complaining that the city is interferin5 with an activity. He assured the Board that the process is straight forward and it is the duty of open space to teach youth how to respect the resource. Allyn said that it is important not to snuff out some of the special activities and conducting a discussion that included student representatives would probably result in greater compliance. Bill Briggs indicated that sections 8-8-8 (a) and (b) did not have pazallel wording. Ariel indicated that the omission was an oversight and would be corrected. He also defined what constituted a bona fide educational institution. Bruce Bland asked what the standard for noise limits was. Dave explained it refers to any amplified sound. Public Participation None. Return to Board & Staff MOTION Allyn Feinberg moved that the Open Space Board of Trustees recommend that council adopt the ordinances related to Commercial Use and Special Use Pernuts as shown in attachments A, B, and C and include the correction in Section 8-8-8 (b). Kay Tauscher seconded the motion. VOTE The motion passed unanimously. ADJOURNMENT - The meeting adjoumed at 726 p.m. These minutes were prepared by Cecil Fenio. APPROVED BY: l ot ~/ .21; c 7 DATE ~~ ~~ ~1~_ Bruce Bland Vice Chair 4