HomeMy WebLinkAbout6B - Consideration of motion to approve new lease with Boulder Day Nursery to continue use and operaDO NOT REMOVE -
PRAB File Matenal
CITY OF BOULDER
,,~„ pARKS AND RECREATION ADVISORY BOARD AGENDA ITEM
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MEEITNG DATE: March 27. 2QQQ
(Agenda Item Preparation Date: March 8, 2000)
AGENDA TITLE:
Public Hearing and considerarion of a motion to approve a.) a new lease with Boulder Day
Nursery to continue theu use and operation of a day care facility located at 1518 Spruce
Street, within Barker Park, b.) plans for the renovation and expansion of the existing
faciliry at 1518 Spruce Street
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REQUESTED BY:
Chris Dropmski, Director, Parks and Recreation
Ken Ramsey, Supenntendent, Parks Planning & Construction
FISCAL IMPACT:
None
P[~SE:
To obtam the Parks and Recreation Adv~sory Board's approval of a.) a new lease with Boulder
Day Nursery to continue their use and operation of a day care facility located at 1518 Spruce
Street, within Barker Park; b.) plans for the renovation and expansion of the ex~sting facility at
1518 Spruce Street.
BAGKGB4UND:
The Boulder Day Nursery's lease with the City dates back to 1929 and accordmg to the terms
of the lease any remodeling, enlargement, or additions requ~res approval by the Parks and
Recreation Advisory Board. In addition, the lease is now expired and needs to be renewed as
the most cunent lease found is a five-year lease dated 1986. See ATTA~HNIEIYI'~> letter
and memo from Steve Callander, Execudve Director of Boulder Day Nursery Association,
ANALYSIS:
A minor expansion of the building will require a slight ad~ustment of the lease boundary and
the removat of four trees near the southwest comer of the buildmg. The Boulder Day Nursery
AGENDA ITEM # Pa~ __1
consulted the City forestry staff and ~t was deternuned that the trees to be removed were not a
des~rable species. See ATlA~I~IYT$ Boulder Day Nursery Expansion Plan. .~
It appears that the proposed project w~ll have a mnumal impact on the park. Duruig the course
of the project, estimated to take four months beginning at the end of summer 2000, the park
will remain open to the public.
See ATTACHbIENT C, a copy of the proposed new lease. The new lease has been reviewed
and updated by the Ciry Attorney's Office and brmgs the insurance reqwrement cunent with
changes in the immunity statute.
P__UBLI~PRQCESS:
The Boulder Day Nursery has gone before the Landmarks Review Board m December 1948,
and February 1999 regarding this proposed project. In add~hon, they held a neighborhood
meetmg in March 1999.
STAFERE~QMNIENDATiQN.
Staff recommends that the Parks and Recreation Adv~sory Board approve the new lease wrth
Boulder Day Nursery to continue their use and operahon of a day care facihty located at 1518
Spruce Street, withm Barker Park and the plans for the renovation and expans~on of the
exishng facility at 1518 Spruce Street.
ATTACFIMENTS:
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A. Letter and Memo Fom 5teve Callander, Executive Director of Boulder Day Nursery
Association
B. Boulder Day Nursery Expansion Plan
C. Proposed New Lease
AGENDA I1'EMIL.-.-~age_S
ATTACHMENT A
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February 7, 2000
City of Boulder
Parks & Recceation
Chns Dropmski, Duector
3198 Broadway
Boulder, Colorado 80304
Ms. Dropinslu
BOULDER DAY NURSERY ASSOCIATION
1518 Spruce Street • Boulder, Colorado 80302-4216
Phone (303) 442-7605 • Fax (303) 442-7943
On behalf of the Boulder Day Nursery Associahon, I would hke to request considerarion by the
Pazks and Recreahon Advisory Board for our plans to renovate and expand our buildmg at 1518
Spruce Street. Accordmg to the terms of our lease with the city, any remodehng, enlargement, or
additions shall only be made in accordance with plans and specifications as approved by the
Pazks and Recreahon Advtsory Boazd.
`~ 1'here aze three components to the project that the advisory boazd should consider. Primarily,
~ there ts the renovation and expansion the exisUng structure. Second is the renewal of the
Association's lease with the city Finally, there are two components of the renovation that will
slighdy extend over the boundary of the exisung lease, and we would lilce to modify the new
lease to take these new structural components in to account.
I have enclosed a memo to the members of the advisory boazd detazhng the essenrial elements of
our proposed project. Also enclosed aze copies of floor and site plans. It is my hope to have tlus
issue placed as an acROn item on the adv~sory board's February agenda. If you have any
questions or need addihonal mformation about tlus pro~ect, I trust you wtll be in touch. I will
look forward to heanng from you.
Sincerely,
c,~~~ ~wGG..~.~G_
Steve Callander
Execuhve Director
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E-mad bdna~exate com • Web bcn.boulder.co us/bdna A Un~ted way Agency
BOULDER DAY NURSERY ASSOCIATION
1518 Spruce Street • Boulder, Colorado $0302-4216
Phone (303) 442-7605 • Fax (303) 442-7943 ,.~eu,
memo
TO: Pazks and Recreation Advisory Boazd, Pazks and Reaeation Staff
FROM: Steve Callander, Executive Ihrector, BDNA
DATE• February 1, 2000
RE: Summary of Proposed Modifications to the Boulder Day Nursery Building m
Barker Pazk
History
The Boulder Day Nursery Associahon was founded m 1917 to provide lugh quahty, developmentally
appropnate cluld care and eazly leaming programs, pnmanly to low-mcome famihes, m diverse ethmc,
cultwal, and social envtronments. The Associanon opecated out of volunteer's homes and two rented
houses m the Wluttier ne~ghborhood for twelve years. By 1929 the demand for our servues exceeded our
available space, so m May 1929 the Boulder City Council voted to lease the eastern thud of Bazker Park to
the Association m order to build a permanent home for its operahons. The buildmg was completed m the ~,
Spnag of 193~ aad we cont~nue to operate out of tlus locahon at 1518 Spruce Street to tlus day ~~
The plans for the ongv~al bwlding were drawn up, and tlie construchon supervised by Glen Hunt~ngton, a
locally siguficant arclutect who designed other buildmgs on the umversity campus and around the
Uwversity Hill area With the exception of an addition of a pre-school classroom in 1969, the buildmg is m
essenhally the same state as it was seventy years ago
Proposed Modifications
The need for tlus pro~ect is two-fold Renovahon of the classmoms, physical plant, and shucture is needed to
halt and reveise seventy years of progressrve wear and tear A m~nor expansion of the south end of the
buildmg will allow us to make better use of our existmg space and help us meet the mcteasm~ demand for
affordable, high quality cluld care for low-mcome famihes.
Huntington designed the buildmg so that rt could be expanded as the needs of the nursery changed over the
years The 1969 pre-school addihon was done along those hnes, but because of cost cons~derauons, it was
not done m a style consistent with the onguilal construchon. 17us pro~ect would rev~sit the 1969 addrtion and
bnng it more m hne vnth FIuntington's onguial concept.
Essenhal elements of the pro~ect wtll mclude. adding a thud gabled sechon consistent wrth the ongu~al two
to replace the 1969 addiuon for more classroom and second story space; relocatmg the lutchen from the
ground level to the second floor and convertmg the old kitchen area to classroom space; renovahon of the
physual plant and mechanical systems; complete renovahon of the mtenor and extenor, mcluding hazardous
substance abatement and implementmg disabled access to make the buildwg more accessible to the
commumty ~
E-mail bdna~excite com • Web bcn boulder co us/bdna A Un~ted Way Agency ~
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BOULDER DAY NURSERY ASSOCIATION
1518 Spruce Street • Boulder, Colorado 80302-4216
Phone (303) 442-7605 • Fax (303) 442-7943 ~
In connechon with the modificahons made to the building, there are some m~nor modtficahons we would lilce
to make to the azea immediately outside of the building w the pazk. One mod~ficahon concems the windows
at ihe aoRhwest corner of the building. The current eqmpment is metal casement wmdows that swwg
outward towazds the pazk. Be(ow those wwdows is a planhng bed Because of the lustonc nature of the
building, we don't really have an option to replace the exisung windows. Unfortunately though, they aze a
very real danger to children playing m the park. Therefore, we would like to raise the height of the planter
under those windows from the exishng one fcwt to two feet.
Another set of modificaaon we would like to make is to the toddler play azea. The nursery is requued by the
state to have a toddler play area that is separate from the pre-school play azea. Currently the door the
toddlers use to get to their play area opens wto the pre-school play area. The exishng fence will be
reconfigured to fully separate the toddler and pre-schooi azeas. We aze also requued to have separate
outdoor play spaces for mfants and toddlers We have been uswg a small wooden paao azea attached to the
northwest side of the buildmg. We would lilce to reconfigure tlus paho for addihonal space. Once the infant
play area is reconfigured, the exishng sandbox would be moved south and small toddler s~ze play eqwpment
would be added.
The last modtficahon we would hke to make is to move the existmg storage shed at the southwest comer of
ffie bu~ld~ng to the west. This change would put the shed even with the west hne of the buildwg for more
r~^ prachcal access and easier supervision of clnldren
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Impact on the Park and Surtounding Area
We beheve that the impact on the pazk rtself will be mm~mal The proposed expanston anll remain in the
azea already leased to the nursery. The infant play area and shed modificahons as descnbed above would
extend slightly over the e~ustmg lease line
The construchon is scheduled to begm after the summer, when pubhc use of the park u geneially lower. We
are anucipattng no longer than four months to complete the pro~ect. Work on the extenor should take less
than four months. Dunng the consttuchon, there would be safety fencwg azound the bu~ldmg sufficient to
allow movement of the workexs and keep the pubhc safe, but the ma~onty of the pazk would rema~n
accessible to the pubha None of the ptay structures in the pazk will be modified.
Dunng the course of the pro~ect, we anticipate that ffiere will be three trees removed from the pazk because
the~r health is poor An addthonal four trees will be removed neaz the southwest comer of the building to
cleaz the way for the expansion. We have consulted wrth forestry staff at the city§ Pazks 8c Recreation
Department, and the~r op~mon of the trees to be removed due to construchon ~s that they aze not particulazly
valuable or lugh quahty trees and that they could be replaced with diffecent species m other areas of the park
Other landscapmg will be mm~mally impacted. Imgahon systems will be rerouted where necessary.
The center ts currently hcensed by the state of Colorado to provide caze for 44 cluldren, ages six weeks to six
years old. The center is open weekdays from 7•30 a.m. to 530 p m., yeaz round. On a typical day, cluldren
amve over a span of four hours m the mommg, and leave over three hours m the aftemoon. It is estunated
that th~s pro~ect will mcrease our licensed capac~ty to 64 ckuldren, although we have lustoncally not enrolled
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E-mad bdna~excite com • Web: bcn boulder co us/bdna A Un~ted way Agency
BOULDER DAY NURSERY ASSOCIATION
1518 Spruce Street • Boulder, Colorado 80302-4216
Phone (303) 442-7605 • Fax (303) 442-7943 ^"'^
to capacity, and are even less lilcely to with tlus new space. Therefore, we beheve the pro~ect will not have a
negauve impact the neighborhood.
The center is located wrthm the CAGID boundary, and there are two pazking structures wulun a block of the
center. However, most of the traffic created by our center is transitory. Those parents that dnve use the
drop-off pazking azeas in the front and back of the center, and leave once their cluld is dropped off (or picked
up m the aftemoon). Many parents usc pubhc Uansportahon as the center is located~ust a block and a half
from the ma~n R'I'U termutal on Walnut. Employees are encouraged to use their eco-passes and not park m
the surroundwg neighborhood.
The locahon, size, des~gn, and operatmg cha~actenstics of tlus pro~ect aze compahble wrth the current uses of
nearby properties. The surrounding mfiastructure will not be adversely impacted. Dunng our last expansion
Qmject, the Associahon covered the cost of upgrading the service hne from the mam line to the facihty from
'/s'to I'/,;'and that should be more than sufficient to cover anhcipated use. Other mfrastructure such as
wastewater, storm dcainage, streets, and electnc as they currently exist are more than adequate to meet the
demands this pro~ect will place on them
Summary
Barker Pazk was donated to the crty w 1911, and the nursery has been m the pazk s~ace 1929 It is now an
mtegal part of the Wluttier ne~ghborhood, and tkus pro~ect will enhance the predommant chazacter of the ~
surroundwg area by malung the appearance of the structure more appealmg, as well as makuig the ~nside
more accessible to the commumty for meetmgs and gathenngs by addmg ADA comphant access, bathrooms, ~
and an elevator to the second floor
Pnor to committing these plans to paper, we met wrth several cihzen and government orgazuzatrons,
mcluding the city§ Landmark Review Board, Plannmg Depaztment, Commumty Development Block Grant,
and Pazks and Recreahon staff, as well as neighborhood groups represenhng Wlnmer and the surroundmg
neighborhoods Their feedback and comments were all taken m to account dunng the development of ttus
proposal, and we beheve that we have ulhmately developed a proposal for the renovahon of the Boulder Day
Nursery that will benefit the communrty at lazge
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ATTACHI~IENT C
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LEASE
THig I,EASE is by and b~twecn TE~ BOULDER DAY NURSERY ASSOCIATTON, a
Colo~ado non-profii corporation (tbe 'Association,'~ and the C1TY OF BOULbEI~ a Colorado
home rule municipality (the "C'~ty°). •
RECiTAL5
VVF3LREA5, the City is the owna of Lots 4, 3, and 6 u~ Block 93, 4reginal Town of Boulder,
according to tt~e recorded plat thereo~ hotding said property by reason of a deed from Hannah C.
13 arker to said City, and dedicating its uso as a playground for children and for the use of the public
gcnerally, .
WFIE1tEA5, the Assoaation is canying on and operating a day rnirsery for chiidren 1eft with
said Association for care and is usin~ a portion of said property, upon which is has erected a building
for the fvlfiilment of its objects and worlS
WI~REAS, the buiiding heretofore placed oa the pmperty has been previouslY aPProved bY
thc City, and the plan of the grounds to be used by the Association has also bcen prcviously appcoved
by thc Cily; ar-d
~...- WHEREAS, said building was constivcted pursuant to a contract between the City and the
Association, enterecl into onNovember 15, 1929, as re~nodeled from time io ti~ su6sequent to that
timc, and thc City ofBouider is willing to altow the Associarion to cominue ta use said grounds as
it has hezelofore used the same punuant to the former contract.
COVENANTS
NOW, TFiERBFORE, in consideration of the recitals, promises, and Covanants herein set
forth, and other good and valuable considecatioa herein receipted for, the parties agree as follows:
1. Thc City grat-ts unto the Associaxion the right to use the east fifty feet of the above-
described property, upon which the existing buildin~ is locatec~ toE'etho* with the
following two additionat areas:
Pazcei 1: That area inc(uding the fenced infattt play azea and ramp, WWin6
approximately 85 sq. 8, and specifically beginning at the north west corncr of the
existing lcase area, south atong the west line approximately 31 feet to the inteisecdon
of the north line of the ~'a-ced enclosurc wFiich is the true pourt of beginning, tiienca
westerly appsoximately 4 feet to tha west line of the fenced aiclosure and rsmp,
thence fotlowing the west line of the fenced ramp as it carves to the south and east
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apprmdmatety 36 fect to the south edge of the ramp, thencC east approxumatdy 1 foot
to the west line of the existing lease area, thence north along the west line of the
existing leasc area approximatdy 19 fect to the wa poirn af beginnuig, and
Parcel2: That area accomatodating the foot grint of the storage shed, w}rich extends
over the existing lease linq located at the southwest eoma of the lease acea, totalin8
approximately 13 square feet and is reprosecrted by a rectangle approximately 1 foot
to the west of the aastiag west lease Lne and 13 fat to the north of the south acistin~
lease line;
which threa co~iguous pieces of land constitute the leased premises (the "Prcmises)
under this lcase, and to use and hold the Premises for a day nursery for a period of
fivc years &om the date of this Lease, subject to the conditions and stipulations
hereinaRer set forth.
2 Any remodeling, enlargement, or additions made to the building or other structures
on the Premises shall only be made in acxordance with pians and speafications as
approved by the City ofBoulder Parks and Recroation Advisory Boazd.
3. The bu~7dings placed upon the Premises or remodeled and enlarged in accordance with
the Agreement shall belong to the Associatioq and, sbould the Assoeiation ceasc to
operate as a day mirsery association during tho term of this Lease, the buildings may ""~
be removed from the Premises and thc Premises restored by the Association if it so `"`
desires; atherwise, said buildings shall, upon the cessation of operabion of the
Association, or upon the expiration of this Lease aad the failure to rencw the samq
become the propcrty of thc City, to be thereafter removed by thc City or used for
whatever purpose it may determine,
4. The caze and maintenance of the Premises, building, and grounds occupied by the
Association shall be @~e duty of the Association, and the Premises shall be kept in
good order and repair. The Association asrees to kecp a custodian in charge of thc
Premises at all times to see that it is properly maintained ar-d kcpt in good ord~ and
condition.
5. Thc Premiscs shfill be used as a day nursery onty, and the same shall not be used for
any putpose contcary to the ordinances of the Gty ofBoufder, or the laws ofthe 5tate
of Colorado, or of the United States of America.
6. The granting ofthe lea4e by the City, and the agreemern on the part ofthe Associadon
to maintain and operate a day muscry in the City, W indemnify the City, and to
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provide insura~ce, shall ba deemed a consid~ration for the ~g of the T.ease, and
no other rcmal shall bo required by the City.
7, (a) 'Thc Association shall be liable for and agrees, at the Association's sole
expcnse, w maintain or cause W be maintained, with insurers approved by the
City, comprehensive general liability insurance with limits of liability of not
less than $150,400 per persoa $600,000 pec ~cxurence, and $600,000 annua!
aggcgate, for injury to persons or propecty; utcluding death resultin$
therefrom. The above-stated policy limits shall be raised by the Assooiation
to meet any additional coverage required by amendments to the Colorado
Crovernateirtal Immunity Act. The City, its officexs, age~s, emPloyecs, and
authorized voluMeers shall be endorsed as additional insureds on sach policy.
(b) The Assaciation shall defend, indemnify, and hold ihe C'rty and its o~'ices,
ages-ts, employees, and authorized volurneers harmless against any and a1t
claims, damages, and law suits arising after the date of th'ss Leasc, and any
orders, decrees, or judgments which may be entered therein, brought for
daa-ages or alle~ed damages ros~itin8 from azry injury to person or property
or from loss of lifo sustained in or about the Premises, ar~d the Association
also agrees to save thc City and its officers, agents, emPioYees. and autho~
volunteers hantiless from and indemnify the Cfty and i!s officers, agurts,
employees, and authorized volunteers against any and ait injury, loss, damage,
or claim for iajutY, loss, damage, or claim of whateva nature to uty person
or property caused by, or resulting &om, an}+ acc, omission, or negligence of
the Association ot azry empIoyee or ageirt thereof. This indcmnification
reqairement also applies to azry claim arising out of any evcnt prior to the
of~'ective date of this lcase, during the time when the Associatlon was
occupying any portion of the Premises as a holdover tenant from thc
pmeding written lease.
8. The Association Sirther recoguzes that the fenced ptayground west of the Premises
is a public park and as such has, without limitation, the follow+ng atttibutes:
(a) Public access must be allowed at all times;
(b) All cquipment within the playground is the properry of the City; 3nd
(c) .4ny equipment or materiala to be added to the pla}+ground by the Association
must bc approved by the City Manager oc the Manager's designata, and any
equipment or matcdats not having such approvai r~sust bc removed from tho
area by thC Association.
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9. This Lcasc is effective on the sagnatur~ data last below mendoned.
IIV WLTNESS VIniEREOF, the City has exearted this Agreemcnt by its City Manager,
attested by the Gity Clerk on behalf of the Director of Fiaance and Record, and the seal of thc City
aEfficed hercto, aad the Association has acecuted tho sa~ne by its Ptesident, attested by its Se~etary.
and the seat of the Association affuced hcreto.
CTTY OF BOULDER, COLORAllO
r~y:
Attcst:
Ronald A 5ecrist, City Manager
City Clerk on behalf of the
Director of Finance and ~tecord
BOULDER DAY NURSERY ASSOCTATION
Hy:
President
Attest:
Secretary
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Approved as to form:
City Attorney
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