HomeMy WebLinkAbout06.13.18 OSBT Packet
OPEN SPACE BOARD OF TRUSTEES
Wednesday, June 13, 2018
Council Chambers, 1777 Broadway
MEETING AGENDA
(Please note that times are approximate.)
6:00 I. Approval of Minutes
6:05 II. Public Comment for Items Not Identified for Public Hearing
6:15 III. Matters from the Department
A. Update on West Trail Study Area Implementation and Design Changes to
Anemone Trail
6:30 IV. * Review of and recommendation regarding the 2019 Open Space and Mountain
Parks Department Capital Improvement Program Budget and a portion of the
Lottery Fund Capital Improvement Program Budget
7:00 V. * Request for a recommendation to approve the purchase of approximately 442
acres of land and appurtenant mineral and water rights from Charles and Shirley
Lippincott for $7,750,000 for Open Space and Mountain Parks purposes, together
with the approval and recommendation to approve of the potential future disposal
of a 50% undivided interest in the Lippincott property to Jefferson County
pursuant to Section 177 of the Boulder City Charter
7:30 VI. Matters from the Board
A. Greenways Advisory Committee Update
• 2019-2024 Greenways Capital Improvement Program (CIP)
• Boulder Creek Arapahoe Underpass Art Project (Arapahoe
Underpass Art project) at Boulder Creek and Arapahoe Avenue
B. Master Plan Process Committee/ Continuation to a Study Session, if
needed **
8:00 VII. Adjourn from Business Meeting
* Public Hearing
** 8:15: Study Session – this will be held only if the Board decides further conversation from
the June 12 joint Study Session with City Council is needed
** Public is welcome to attend, but no public participation will be allowed.
AGENDA ITEM 1 PAGE 1
OPEN SPACE BOARD OF TRUSTEES
Action Minutes
Meeting Date May 9, 2018
Video recording of this meeting can be found on the City of Boulder's Channel 8 Website. (Video start
times are listed below next to each agenda item.)
BOARD MEMBERS PRESENT
Kevin Bracy Knight Tom Isaacson Curt Brown
STAFF MEMBERS PRESENT
Tracy Winfree John Potter Mark Davison Jim Reeder Brian Anacker
Dan Burke Mark Gershman Keri Konold Lauren Kilcoyne Chelsea Taylor
Lauren Kolb Dan Burke Phil Yates Steve Armstead Cole Moffat
Leah Case Alyssa Frideres Juliet Bonnell
CALL TO ORDER
The meeting was called to order at 6:02 p.m.
AGENDA ITEM 1 – Approval of the Minutes (00:28)
The Board asked for Curry Rosato to be added as a presenter.
Curt Brown moved that the Open Space Board of Trustees approve the minutes from April 11, 2018 as
amended. Tom Isaacson seconded. This motion passed three to zero; Andria Bilich and Karen Hollweg
were absent.
(1:00) Mark Davison and Juliet Bonnell, gave an update on the OSMP Master Plan and Public
Engagement Findings. Three members from Youth Advisory Board (YOAB) also gave a presentation.
AGENDA ITEM 2 – Public Participation for Items not on the Agenda (18:15)
Russell Henriksen, Boulder, spoke regarding equestrian use on the Mt Sanitas Trail; it seems that this trail
is too dangerous for this activity.
Alice Starek, spoke regarding lessees on Open Space. She asked staff to increase opportunities and
expand those who are considered to lease land.
Ray Bridge, Friends of Boulder Open Space (FOBOS), said there will be a 20 percent reduction from
sales tax over the next year and a half. This will affect operations and asked that the process is made clear
to the public.
Elizabeth Black, Boulder, highlighted the negative effects of prairie dogs on agricultural land, including
soil health. She asked staff and the Board to consider expanding options for prairie dog management.
Laura Tyler, Boulder, asked the Board to continue work in regard to flood mitigation along South
Boulder Creek.
Rachel Friend, Boulder, said she supports South Boulder Creek flood mitigation; please expedite
mitigation as much as possible.
Andre Houssney, Boulder, spoke in regard to leasing land on Open Space and the seemingly unfair
process for farmers bidding to lease land on Open Space.
AGENDA ITEM 1 PAGE 2
Kate Lazarov, Boulder, requested the process for farmers applying to lease land be reviewed and revised
as well as be made transparent. Boulder voters want agricultural lands to go to produce local food. It
appears that several of the bids which staff received and accepted are non-food producing and use
pesticides; that appears to be contrary to the process OSMP claims to follow.
Austin Hamilton, Boulder, spoke in regard to the current bid process for farmers applying to lease Open
Space land. In regard to Andre Houssney’s bid – it does not make sense why others were chosen over his.
Alan Delamere, Boulder, spoke about 311 Mapleton; need a demonstration to measure the extend of the
potential parking issues in this area.
Nicolas Vinson, Boulder, said he is concerned about safety and flood mitigation; look forward to this
being resolved.
Don Vinson, Florida, talked about the safety of human beings; it is not a matter of if, it’s of when. Flood
mitigation needs to be addressed; appreciate any support the Board can provide.
Hans Preiss, Boulder, wanted to take the opportunity on behalf of Boulder Mountainbike Alliance (BMA)
to thank Tracy Winfree for her work with the organization.
Matthew Bentley, Boulder, said the land bidding process on Open Space is unfair. Andre Houssney’s bids
are far superior to those which were accepted.
Patricia Carden, Boulder, safety of residents is a concern. Pleased with approval of the Master plan
process; she asked the Board to recognize that safety is still an issue and a priority moving forward.
Alexia Parks, Boulder, encouraged the Board to visit to Sanitas and the parking lot. Look around the
three-story nurse’s home; if possible, consider keeping that building.
Kris Korba, Boulder, said he is interested in looking at what it would take to be a local food producer in
Boulder. Additionally, is it possible to use the land that has been damaged for local food. This has
potential to help with future flooding as well.
AGENDA ITEM 3 – Matters from the Department (1:25:10)
Lauren Kilcoyne, Business Services Supervisor, presented on the draft 2019-2024 Capital Improvement
Program.
Lauren Kolb, Agriculture Management Coordinator III, gave an update on the carbon sequestration pilot
project.
AGENDA ITEM 4 – Matters from the Board (2:17:00)
Tom Isaacson and Kevin Bracy Knight gave an update from the Master Plan Process Committee.
ADJOURNMENT – The meeting adjourned at 8:00 p.m.
These draft minutes were prepared by Leah Case.
MEMORANDUM
TO: Open Space Board of Trustees
From: Dan Burke, Interim Director, Open Space and Mountain Parks
Steve Armstead, Interim Deputy Director
Jim Reeder, Trails and Facilities Manager
Greg Seabloom, Capital Improvement Project Coordinator
DATE: June 13, 2018
SUBJECT: West Trail Study Area Plan Project Status Report including Designed Use Change for
Anemone Hill Loop Trail
_____________________________________________________________________________________
Executive Summary
The West Trail Study Area (WTSA) Plan was finalized in November 2011. OSMP staff have been working
to implement the projects called for by the plan since that time.
Many projects have been completed and there are more yet to be done. Much progress was made on
project completion during 2012 and 2013. Unfortunately, much of the work on the Plan was put on hold
due to the massive amount of recovery work that the department was facing after the rain event and
flood in September 2013. Now that most of that recovery work has been completed, the department is
again focusing considerable efforts on projects called for by the WTSA Plan.
As noted, this plan is now over six-years old, so it is important that staff re-evaluate projects that are yet
to be completed. One of these is construction of the Anemone Hill Loop trail. As originally conceived in
the Plan it was to be designed for equestrian use. Recently staff consulted with Boulder County Horse
Association (BCHA) board members as to the need to build the trail to that standard. BCHA board
members indicated that it makes more sense to build it to hiking standards and still allow equestrian
use.
Background
The West Trail Study Area Plan was finalized in November 2011 after over 24 months of collaborative
work among staff and community members. Staff began focused efforts to begin implementing the
more than 80 projects delineated in the plan the following year. Many projects were completed that
year and in 2013 until the September flood. The flood obviously required the department to change its
priorities to repairing the damage caused by the flood.
Status of WTSA Plan Projects
The following projects are some of the major projects in the Plan that have been completed to-date.
1. Sunshine Canyon Trail
2. Lion’s Lair Trail
3. Restoration of historic views from Sunrise Amphitheater
4. Re-route upper Long Canyon Trail
5. Improve trails on Chautauqua meadow
6. Re-route trails in the Hollyberry/Skunk Canyon Creek area
7. Repair and re-route portions of Royal Arch Trail
AGENDA ITEM 3A PAGE 1
8.Repair Bear Canyon Creek Trail
9.Re-route Upper Big Bluestem
10.Construct connector trail from Greenbriar to Big Bluestem Trail
11.Re-route Towhee Trail
12.Re-route Homestead Trail
13.Create harden access from Mesa Trail to South Boulder Creek
In addition, work is planned on the following trails in 2018:
1.Re-route Green Mountain West Ridge Trail
2.Repair Mount Sanitas Trail
3.Improve the Fern Canyon, Shadow Canyon, and Mesa Trail junction
4.Re-route the East Ridge Trail on Sanitas
5.Make improvements to trails in the Red Rocks area
6.Construct the Anemone Hill Loop Trail
In 2019 and beyond staff will continue to focus on the remaining priority trail projects called for in the
WTSA Plan. It will take some years to complete all projects in the Plan due to competing priorities from
the North Trail Study Area (NTSA) Plan and other priority plans and projects that come to our attention.
Also, staff intends to do preventive maintenance on our whole system each year and to significantly
address the backlog of trail maintenance that has accumulated due the ‘flood years’.
As noted, this plan is now over six-years old so it is important that staff re-evaluate projects that have
not yet been completed. One of these re-evaluations is construction of the Anemone Hill Loop Trail.
This trail received considerable attention during the development of the WTSA Plan. As originally
approved in the Plan it was to be designed for equestrian use. Staff have noted that not many horses
have been seen in that area in the past so the rationale for equestrian design was questioned.
To confirm that it still makes sense to build the trail to equestrian standards, staff recently consulted
with Boulder County Horse Association board members as to the need to build the trail to that standard.
The BCHA board indicated that it makes more sense to build it to hiking standards since the trail would
likely have a minimal use by equestrians due to the lack of horse trailer parking and equestrian-
compatible trails leading to the site. This change will also save the department significant funds. See
Attachment A (Anemone Hill Loop Trail: Change Designed Use from Equestrian to Hiking) for a more
detailed explanation of the rationale for the change along with maps of the trail alignment.
After receiving the feedback from BCHA regarding the trail designed use and considering cost-saving
opportunities for the project, OSMP staff is planning to change the designed use of the trail and
construction specifications on Anemone Hill Loop from equestrian to hiker use. Trail design refinements
will be made in the summer of 2018 and the project put out for contractor bidding by late summer or
early fall 2018. A contractor will be selected to begin construction in the spring of 2019. Construction is
expected to take up to two construction seasons.
Staff welcomes comments from OSBT members on both the status of WTSA projects and the change in
designed use of the Anemone Hill Loop Trail.
Attachment(s):
•Attachment A: Anemone Hill Loop Trail: Change Designed Use from Equestrian to Hiking
AGENDA ITEM 3A PAGE 2
Attachment A
Anemone Hill Loop Trail: Change Designed Use from Equestrian to Hiking
Background
The West Trail Study Area (TSA) Plan was approved by City Council on March 30, 2011 with several items
requiring additional evaluation of options. One of the follow-up items was an evaluation of trail
alternatives for Anemone Hill and the potential for mountain bike access. After an extensive
consideration of options, City Council approved a loop trail designated for pedestrian and equestrian
access. (See Attachments A and B.) The Council did not approve access for bikes. The loop trail was to
be designed for equestrian use and horses would be required to stay on the trail.
Horse trailer parking opportunities were also considered during the West TSA planning process. The plan
called for the addition of trailer parking at the South Boulder Creek West Trailhead and not at other
trailheads. After the completion of the West TSA Plan, the Schnell property was acquired which allowed
the addition of a trailhead for Chapman Drive and plans for adding horse trailer parking.
Progress to-date on Anemone Hill Loop Trail
•2013: Anemone Hill Loop Trail construction contract was awarded. A section of trail a few hundred
feet long was constructed before the contractor was re-directed to trail repairs associated with the
September 2013 flood.
•2014-2017: Project was deferred while staff, funding, and contractor resources were focused on
repairs of flood-damaged trails. Trail design was refined by staff in 2016-2017.
•January-May 2018: Staff has been planning for contracting and building the Anemone Hill Loop Trail
project, including review of trail design, use specifications, budget requirements, and timeline for
construction.
Modification of the designed use of Anemone Hill Loop Trail from equestrian to hiking
On April 25, 2018, OSMP staff met with the Boulder County Horse Association (BCHA) Presid ent and Vice
President to touch base about upcoming trail projects of interest to equestrians. The discussion
included trail design and cost implications for making the Anemone Hill Loop Trail compatible for
equestrian use. The BCHA representatives indicated that the Anemone Hill Loop Trail would have
minimal use by equestrians due to the lack of horse trailer parking and equestrian-compatible trails
leading to the site. Also, the proximity to the urban area where overall trail use is high is not conducive
for equestrians. They indicated that they would discuss this issue with the BCHA Board and get back to
staff. On May 11, 2018, staff received notice that the BCHA Board had talked about this topic and, due
to the previously-mentioned limitations, the BCHA Board felt there were other more suitable locations
on OSMP to provide compatible trails and enjoyable experiences for equestrians.
Based on this feedback, OSMP staff intends to change the trail designed use from equestrian to hiking.
The approved trail alignment will not vary significantly, with minor changes made where equestrian
compatibility dictated the exact placement of trail features such as switchbacks and staircases.
Changing the trail designed use from equestrian to hiking will significantly reduce overall trail
construction cost and time since it will require fewer and smaller stone retaining walls and simpler
switchback and stair construction. Details follow.
AGENDA ITEM 3A PAGE 3
•Trail switchback design: OSMP equestrian trail specifications call for a large turning radius of five to
ten feet on switchbacks to accommodate the space that horses need to turn on a trail. Anemone
Hill has very steep and rocky terrain, upon which fourteen trail switchbacks will be constructed. This
coupled with the large turning radius needed for equestrian switchbacks increases the need for
time-intensive and costly retaining walls and slope excavation. Changing the design to hiker access
will allow for smaller switchbacks with a three to six-foot turn radius. The use of stone steps which
require minimal maintenance as compared to maintenance requirements for equestrian-friendly
switchbacks and stairs will also be a savings.
•Trail steps and staircases: OSMP equestrian trail specifications require a minimum of six feet of
spacing between trail steps for horses to have secure footing as they ascend steps. This elongates
staircases and the need for supporting retaining walls. Converting these to simpler hiking
specifications allows for staircases to be compressed into short sections, which reduces the need for
adjacent retaining walls and increases the linear distance of less cost-intensive basic trail
construction.
With the reduced size and quantities of retaining walls, trail staircases and switchbacks, building the
Anemone Hill Trail loop to a hiker specification will significantly reduce construction cost and
construction time. The trail construction footprint will also be narrower due to utilizing a much
narrower switchback turn radius allowing the trail to be constructed with fewer ecological impacts. The
project has been budgeted at about $1.5 million for construction. These above-mentioned design
changes are estimated to reduce both construction cost and construction time by twenty to thirty
percent.
Status
After receiving the previously mentioned feedback from BCHA regarding the trail designed use and
considering cost-saving opportunities for the project, OSMP staff is planning to change the trail designed
use and associated trail design and construction specifications on Anemone Hill Loop from equestrian to
hiker use. Trail design refinements will be made in the summer of 2018 and the project put out for
contractor bidding by late summer or early fall 2018. A contractor will be selected to begin construction
in the spring of 2019. Construction is expected to take upto two construction seasons.
Attachments:
•Attachment A: Anemone Hill Loop Trail Vicinity Map
•Attachment B: Anemone Hill Loop Trail Proposed Alignment Map
AGENDA ITEM 3A PAGE 4
Balsam Ave.
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Access RoadMapleton Avenue Gate
0 0.25 0.5 Miles
Legend
OSMP Trailhead
Preliminary Alignment For Construction(estimated at 16,611 feet)
Obliteration (estimated at 3,948 feet)
Gated Access Road
Trail
OSMP Property
Contractor Staging Area
Project Location & Site Access
3/21/2013 2:34:47 PM
Anemone Hill Trail
Contract
1 of 1
Map Title:As Constructed:Date:# Revisions:Date InitialsProject:Revised:Sheet Number:Void:Designer:File Name:
Sheet RevisionsComments
AGENDA ITEM 3A PAGE 5
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Legend
Preliminary Alignment For Construction(estimated at 16,611 feet)
Obliteration (estimated at 3,948 feet)
40 Foot Contours
Index
Intermediate
0 250 500125 Feet
Preliminary Alignment For Construction & Obliteration
3/21/2013 2:29:31 PM
Anemone Hill Trail
Contract
1 of 1
Map Title:As Constructed:Date:# Revisions:Date InitialsProject:Revised:Sheet Number:Void:Designer:File Name:
Sheet RevisionsComments
AGENDA ITEM 3A PAGE 7
C I T Y O F B O U L D E R
OPEN SPACE BOARD OF TRUSTEES AGENDA ITEM
MEETING DATE: June 13, 2018
AGENDA TITLE: Review of and recommendation regarding the 2019 Open Space and Mountain Parks
Department Capital Improvement Program Budget and a portion of the Lottery Fund Capital
Improvement Program Budget.
PRESENTERS
Dan Burke, Interim Director, Open Space and Mountain Parks
Steve Armstead, Interim Deputy Director
Lauren Kilcoyne, Central Services Manager
EXECUTIVE SUMMARY
The purpose of this item is a request for the Open Space Board of Trustees (OSBT) to:
Review, approve and recommend that the Planning Board approve the Open Space and Mountain Parks
(OSMP) Department’s 2019 Capital Improvement Program (CIP) budget of $4,980,000 and make a
recommendation concerning the allocation of a portion of the city’s Lottery Fund Capital Improvement
Program Budget in the amount of $355,300 in 2019.
This series of agenda items is three-fold. At the April business meeting, staff provided a briefing,
information sharing and Q&A on the draft 2018 Work Plan and Budget. In May, staff presented a draft
CIP Budget for discussion.
At the June 13 meeting, there will be a brief staff presentation and public hearing on the proposed
2019-2024 CIP followed by OSBT recommendation. In addition to the June 13 public hearing, public had
the opportunity to comment under general public participation at OSBT meetings and the public will
have an opportunity to comment during the Planning Board’s CIP review in July and City Council’s
discussions and review of the 2019 recommended budget during future public hearings later this fall.
STAFF RECOMMENDATION
Staff requests Open Space Board of Trustees’ consideration of this matter and action in the form of the
following motion:
Motion to approve, and recommend that Planning Board approve, an appropriation of $4,980,000 in
2019 from the Open Space Fund CIP as outlined in this memorandum and related attachments; and
recommend that $355,300 be appropriated from the city's Lottery Fund CIP in 2019 as outlined in this
memorandum and related attachments.
AGENDA ITEM 4 PAGE 1
QUESTIONS FROM THE BOARD
At the May business meeting reviewing the draft CIP Budget, the OSBT asked clarifying questions based
on the staff presentation and budget materials. The OSBT additionally highlighted the need to
understand long-term expenditures of the department. The attached fund financial (Attachment A)
provides expenditure projections across the 6-year planning horizon. It is expected that the Master Plan
will provide fiscally constrained, action, and vision plans impacting future expenditure rates and trends.
Future budgets and economic scenarios will be informed by Master Plan recommendations.
To address a previous OSBT request that trend data be provided where possible, below is a chart of
average annual expenditures by type (Operating, Capital, Debt) from 2012-2017. This demonstrates the
opportunistic nature of capital and debt expenditures around real estate acquisitions. It also
demonstrates project phasing that accounts for scoping, design, permitting and construction of major
infrastructure projects with higher expenditures occurring in construction years as exemplified in 2017
after permits were obtained for major flood recovery projects. Based on investment in project
management training and work plan software in 2017 and 2018, OSMP expects to move from annual
work planning to 3-year work planning in 2019 with an eventual goal of a 6-year work plan that aligns
with the CIP planning horizon. This will help balance expenditures in a fiscally constrained environment
while allowing OSMP to complete priority projects.
The OSBT also requested information on how plan implementation is tracked across capital projects. In
the past, OSMP has funded plan implementation as separate projects, for example the North Trail Study
Area Implementation CIP. This created project management challenges internally and did not easily
allow for prioritization across project types when work planning. As a result, plan implementation was
incorporated across all capital projects. OSMP expects to utilize its new work plan software to track
completion of plan commitments with periodic progress reports. The department will report out on its
accomplishments through the annual budget process. Accomplishments from 2017 and 2018 that will
be included in the citywide 2019 budget document include:
•Agricultural Resource Management Plan - Approval in 2017, implementation beginning in 2018
•Art Inspired by the Land – Annual programming and exhibition
•Boulder Creek Restoration Project – Non-FEMA flood recovery and enhancements
•Chautauqua Meadow Trail flood repairs
•Community Ranger Program
•Foothills South flood repairs
$0
$10,000,000
$20,000,000
$30,000,000
$40,000,000
2012 2013 2014 2015 2016 2017
Annual OSMP Expenditures 2012-2017
Operating Capital Debt
AGENDA ITEM 4 PAGE 2
• Fort Chambers/Poor Farm acquisition
• Gross Reservoir expansion project payment to support instream flow
• Interim office move in July 2018 –Turning attention to Long-Term Campus Vision in Fall 2018
• Open Space 50th Anniversary Celebration
• Master Plan System Overview Report and Resident Survey and Visitation Data
• Repairs to Sawhill fishing pier
• Sunshine Fire forest management
Moving forward, staff will continue to analyze best opportunities to share progress against plan and
other department goals.
Finally, the OSBT requested more information on how expiring and reduced sales tax increments will
affect overall revenues moving forward. As a reminder, sales and use tax accounts for approximately 88
percent of overall OSMP revenues. While staff will rely on the Master Plan and its fiscally constrained,
action, and vision plans to inform future budgets including recommended revenue structures, upcoming
changes to sales tax structure will have the following impact (asterisk* indicates expiration or reduction
of a sales tax increment):
Year Projected Sales Tax
Revenue
Percent Change From
Previous Year
2018 $29,135,223 -2.12%
2019* $25,728383 -11.69%
2020* $20,992,284 -18.41%
2021 $21,272,691 1.34%
2022 $21,601,090 1.54%
2023 $21,935541 1.55%
2024 $22,276158 1.55%
While OSMP has been planning for the expiring and reduced sales tax increments, flattening revenues
from retail sales and use tax citywide have presented additional unanticipated challenges. As of April
2018, the Finance Department is operating under a no growth sales and use tax revenue assumption
from 2019-2021, returning to slow growth from 2022-2024. OSMP will continue to receive updates and
projections from the Finance Department over the coming months and will adjust the budget as needed.
OSMP CIP and operating budgets will be conservative while maintaining flexibility to adapt as
information becomes available.
BACKGROUND
The 2019-2024 CIP represents a continued shift towards system stewardship and taking care of existing
infrastructure while supporting strategic acquisitions. The top priorities for 2019 are represented
below.
Current Focus for Capital Planning and Projects in 2019
While core service delivery continues throughout the year, OSMP is also pursuing high profile
community initiatives in support of Board and Council goals. Those community initiatives translated into
department priority projects are as follows:
• Complete Open Space and Mountain Parks Master Plan – Continue developing the plan with
anticipated completion in 2019. The Plan will establish focus areas, strategies and policy guidance,
and measures of success across services and programs, and will help shape the City of Boulder’s
AGENDA ITEM 4 PAGE 3
approach to future stewardship questions, such as how to sustain and restore ecosystem health at a
time of increasing population growth and visitation and amid changing environmental conditions.
(From a budget perspective, the Master Plan also will generate three financial plans (fiscally
constrained, action and vision levels of investment));
•Continue Water and Floodplain Management – Complete work on non-FEMA flood recovery
projects and administrative functions related to FEMA reimbursable projects (includes County
coordination);
•Preserve and Restore Natural Resources – Implement top natural resource priorities of Grassland,
Forestry, and Trail Study Area plans through the formation of cross-departmental implementation,
integrated site planning and design review teams; invest in funded research topics that support
decision-making; continue to leverage volunteers to monitor important species;
•Preserve and Enhance Agricultural Resources – Implement top priorities of the Agricultural
Management Plan, including work with tenants and lessees to accomplish goals; collaborate with
partners including the Boulder Open Space Conservancy to identify goals of an Agricultural Initiative;
•Facilitate Visitor Enjoyment – Continue community engagement and staff presence in the system,
implement the Community Ranger model; focus on community and department relationships and
interdepartmental coordination. Follow through on initiatives such as recycling/dog waste
composting at trailheads and monitoring and reporting results on the Voice and Sight Tag Program;
•Maintain Facilities and Amenities – Utilize data from facilities and trails condition assessments to
reduce facility deficiencies and maintenance backlogs; ensure staff has an optimal, efficient working
environment and appropriate facilities and equipment by developing a long-term campus vision.
Preliminary preference for the permanent campus is to redevelop the Cherryvale location;
•Connect People with Nature – Offer diverse and engaging opportunities for passive recreation that
are based in outreach strategies and priorities; begin to assess interpretive displays for consistent
messaging across the system; participate in citywide partnership efforts to expand programs and
engagement opportunities;
•Engage in Regional Collaboration – Partner with other agencies to leverage OSMP’s interests
through strategic property acquisition, coordination of joint programs and projects, and other
avenues as needed (e.g., research grants, roundtables, and regional trail efforts including Eldorado
to Walker Ranch, Rocky Mountain Greenway and the Boulder Creek Path extension);
•Focus on Continuous Improvement within the OSMP Department – Continue to assess and develop
best practices related to OSMP’s scientific approach, data stewardship, planning and design, work
plan and budget management, staff training and development, performance management, and
communication and coordination internally and externally.
Recommended 2019 CIP Projects
The draft CIP strives to invest in system stewardship by allowing for implementation of various
ecosystem and area plans while addressing core services across the department. There are several
recommended refinements in the proposed CIP. The Regional Trails project has been recast as Regional
Collaboration to reflect the broader strategic and coordination efforts affecting multiple charter
purposes. The OSMP Long-Term Campus Vision has been reclassified from Capital Acquisition to Capital
Enhancement with the focus now on redeveloping the Cherryvale campus location starting with the
funding of a feasibility study in 2019.
In service of the guiding principle “take care of what we have” there are changes in OSMP’s Capital
Maintenance category, specifically in that New Property Stabilization has shifted from Capital
Acquisition to Capital Maintenance. This allows the department to look at how properties are
incorporated across functions and services on a longer horizon and in cooperation with other Capital
AGENDA ITEM 4 PAGE 4
Maintenance efforts. For planning purposes, the OSBT will notice a reduction in property acquisition
funding over the course of the CIP horizon, which ties to retiring sales taxes and a gradual shift to system
stewardship while continuing to support strategic acquisitions. Please note that the department is
anticipating carrying over several million dollars in previously approved acquisition funds to support
ongoing negotiations and has the authority and capacity to issue up to an additional $23M in property
acquisition bonds. While staff is not recommending that this amount of bonding be issued at this time
or any specific time in the future, staff is providing this information so the Board is aware of the
department's capacity to respond to high priority strategic acquisitions if the need arises.
2019 CIP projects (Attachment B), categorized by citywide capital project types, are as follows. One
Lottery funded project is indicated with an asterisk*.
Project Category Project Description
Proposed
2019
Funding
Capital
Enhancement
• Construction
resulting in the
expansion or
significant
improvement of
an existing facility
or asset
• Projects have a
discrete start and
end date
• Projects are
location specific
OSMP Long-
Term Campus
Vision
Feasibility study and analysis of options for
long-term OSMP campus with preference
for redeveloping the Cherryvale location
$100,000
Regional
Collaboration
Development of regional strategies to
support OSMP charter purposes including
actions aligned with department and city
priorities, department plans, and the
Boulder Valley Comprehensive Plan.
Includes feasibility studies and
development of regional trails
$80,000
Project Category Project Description
Proposed
2019
Funding
Capital
Maintenance
• Projects result in
the repair,
replacement, or
renovation of an
existing asset
• Projects may or
may not have a
discrete start and
end date
Agricultural
Facilities Projects
Repair, replacement or renovation of
existing agricultural infrastructure,
including fencing and agricultural irrigation
items
$210,000
Cultural
Resource/Facility
Restoration
Improvement of the condition of historic
structures, including but not limited to
barns, houses, sheds, and shelters
$100,000
Ecological
System
Maintenance/
Restoration
Ecological system maintenance and
restoration advancing resource
conservation as directed by Grassland and
Forest Management Plans, Trail Study Area
$430,000
AGENDA ITEM 4 PAGE 5
• Projects are
location specific
or programs that
cover a
geographic area
Plans, Agricultural Plan and eventually the
Open Space Master Plan
Facilities
Maintenance
Implement facilities assessment
recommendations on priority maintenance
projects and other capital facilities projects
$530,000
Farm Site
Improvements
Maintenance and improvements to existing
agricultural buildings and infrastructure,
used for agricultural production, hay and
equipment storage, livestock shelters and
grain storage
$60,000
Four Mile Creek*
Non-FEMA flood recovery project to
restore trail crossing and rehabilitate creek
bed up and downstream of the crossing
$355,300
Major Trail
Maintenance
Trail Study Area Plans and the trails
capacity study results will inform major trail
maintenance investments
$990,000
New Property
Stabilization
Funds for new property
stabilization/immediate improvements on
recent OSMP Real Estate Acquisitions
$450,000
Project Category Project Description
Proposed
2019
Funding
Capital Planning
Studies
• Project results in
development of a
study or plan
which is intended
to identify, plan,
or prepare for the
construction or
acquisition of
capital assets or
capital program
• Projects have
discrete start and
end date
Integrated Site
Planning
Integrated site planning for a specific
geographic area, taking into consideration
all OSMP purposes and services including
natural, agricultural, recreational, cultural
and scenic resources as well as
programming for education, patrol and
operations
$130,000
Project Category Project Description
AGENDA ITEM 4 PAGE 6
Proposed
2019
Funding
Land & Asset
Acquisition
• Project or
program results in
the acquisition of
real property,
such as land,
mineral or water
rights, or
permanent
easements
Mineral Rights
Acquisition
Purchase underlying mineral interests from
private property owners as they become
available on the real estate market
$100,000
Real Estate
Acquisition
Acquisition of additional acres of open
space, aligned with the OSMP acquisition
plan as approved by OSBT and the City
Council
$1.6M
Water Rights
Acquisition
Purchase additional water from private
owners or others for use on Open Space
and Mountain Parks for agricultural and
environmental purposes
$200,000
Funding Overview
As a reminder, the department is funded from three sources, the Open Space Fund which includes the
issuance of long-term bonds and notes payable for acquisition, the General Fund and the Lottery Fund:
Open Space Fund - The Open Space Fund accounts for the acquisition and maintenance of land, with
financing provided by sales taxes and the issuance of long-term bonds and notes payable. Approximately
88 percent of Open Space Fund revenue derives from dedicated sales and use tax collections. There are
three sales tax increments that support the Open Space Fund. The department has been approved to
issue up to $33M in general obligation bonds, $10M of which was issued in 2014.
General Fund – The General Fund is established to account for the revenues and expenditures necessary
to carry out basic governmental activities of the city such as public safety, human services, legal services,
administrative services, and others which are not required to be accounted for in another fund. General
Funds allocated to departments are spent in accordance with the departments’ charters and missions.
OSMP receives an annual transfer from the General Fund that is scheduled to expire in December 2019.
Lottery Fund - OSMP also expends Lottery Funds on CIP projects. The Lottery Fund derives its revenue
from the Colorado Conservation Trust Fund. Lottery Funds can be used for acquisition, development
and maintenance of new conservation sites and capital improvements and maintenance of public sties.
ATTACHMENTS
•Attachment A: Open Space Fund Financial
•Attachment B: 2019-2024 Capital Improvements Program (CIP) Funding Summary and Projects
AGENDA ITEM 4 PAGE 7
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AGENDA ITEM 4 PAGE 8
CITY OF BOULDER
2016-2023 PROPOSED BUDGET
OPEN SPACE FUND
3/28/2017
2017 2018 2019 2020 2021 2022 2023 2024
Actuals Approved Recommended Projected Projected Projected Projected Projected
Beginning Fund Balance 42,674,844$ 40,624,442$ 14,497,645$ 15,693,697$ 13,042,871$ 11,455,812$ 10,672,613$ 10,700,230$
Sources of Funds
Net Sales Tax Revenue 29,766,020$ 29,135,223$ 25,728,383$ 20,992,284$ 21,272,691$ 21,601,090$ 21,935,541$ 22,276,158$
Anticipated FEMA Flood Reimbursement 1,725,750 1,531,329 1,500,000 - - - - -
Investment Income 330,048 335,362 342,405 348,191 354,076 360,060 366,145 372,332
Lease and Miscellaneous Revenue 922,147 1,063,899 1,095,816 1,128,690 1,162,551 1,197,428 1,233,351 1,270,351
Voice & Sight Tag Program Revenue 127,000 127,000 127,000 127,000 127,000 127,000 127,000 127,000
General Fund Transfer 1,209,590 1,138,820 1,138,820 - - - - -
Grants - - - - - - - -
Total Sources of Funds 34,080,556$ 33,331,633$ 29,932,424$ 22,596,166$ 22,916,318$ 23,285,577$ 23,662,036$ 24,045,841$
Uses of Funds
General Operating Expenditures -$ -$
Office of the Director 1,775,410 2,019,237 1,731,423 1,529,846 1,545,145 1,560,596 1,576,202 1,591,964
Central Services 2,812,917 2,892,094 2,571,015 2,546,725 2,572,192 2,597,914 2,573,893 2,599,632
Community Connections & Partnerships 4,168,196 4,539,253 4,371,032 4,364,742 4,214,390 4,110,332 4,039,209 3,976,148
Resources & Stewardship 4,195,052 4,438,798 4,333,186 4,249,590 4,292,085 4,223,006 4,265,236 4,307,889
Trails & Facilities 4,564,736 4,703,173 5,315,205 5,318,357 4,656,540 4,703,106 4,750,137 4,797,638
Carryover/ATB Operating - 24,659,816 - - - - - -
Cost Allocation 1,903,344 1,960,444 2,090,102 2,142,355 2,195,913 2,250,811 2,307,082 2,422,436
CIP- Capital Enhancement 6,360,358 430,000 180,000 180,000 180,000 180,000 180,000 180,000
CIP- Capital Maintenance 1,492,126 1,057,300 2,770,000 1,570,000 1,570,000 1,270,000 1,270,000 1,270,000
CIP- Capital Planning Studies 98,028 100,000 130,000 130,000 130,000 130,000 130,000 130,000
CIP- Land Acquisition 3,296,111 7,420,000 1,900,000 1,900,000 1,900,000 1,800,000 1,300,000 1,300,000
CIP- New Facility/Infrastructure --- ---
Transfer to BMPA 1,002,209 767,597 663,022 663,022 593,655 593,655 593,655 -
Debt Service - Bonds & Notes 4,462,469 4,470,719 2,681,388 652,356 653,456 649,356 649,006 648,431
Total Uses of Funds 36,130,957$ 59,458,430$ 28,736,372$ 25,246,992$ 24,503,376$ 24,068,776$ 23,634,419$ 23,224,137$
Ending Fund Balance Before Reserves 40,624,443$ 14,497,645$ 15,693,697$ 13,042,871$ 11,455,812$ 10,672,613$ 10,700,230$ 11,521,934$
Reserves
OSBT Contingency Reserve 4,976,867$ 5,158,263$ 4,751,274$ 4,293,398$ 4,144,675$ 3,723,980$ 3,735,795$ 4,068,827$
OSMP Campus Vision 3,000,000 3,000,000 4,000,000 4,200,000 4,200,000 4,200,000 4,200,000 4,500,000
Pay Period 27 Reserve 330,119 354,440 378,762 403,083 427,404 451,726 476,047 500,368
Sick/Vacation/Bonus Reserve 490,000 490,000 490,000 490,000 490,000 490,000 490,000 490,000
Property and Casualty Reserve 400,000 400,000 400,000 400,000 400,000 400,000 400,000 400,000
FEMA De-obligation Reserve 227,445 377,945 383,488 383,488 383,488 383,488 383,488 383,488
Total Reserves 9,424,431$ 9,780,648$ 10,403,524$ 10,169,969$ 10,045,567$ 9,649,194$ 9,685,330$ 10,342,683$
Ending Fund Balance After Reserves 31,200,012$ 4,716,997$ 5,290,172$ 2,872,901$ 1,410,245$ 1,023,419$ 1,014,900$ 1,179,251$
Revenue projections 97.56%97.80%89.80%75.49%101.42%101.61%103.11%103.11%
OPEN SPACE AND MOUNTAIN PARKS
ATTACHMENT A
AGENDA ITEM 4 PAGE 9
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Funding Summary by Department
Estimated 6-
Year Total Cost
2019
Recommended
2020 Projected 2021 Projected 2022
Projected
2023
Projected
2024 Projected
OPEN SPACE & MOUNTAIN PARKS Department Total $22,035,300 $5,335,300 $3,780,000 $3,780,000 $3,380,000 $2,880,000 $2,880,000
CIP-CAPITAL ENHANCEMENT Subtotal $1,080,000 $180,000 $180,000 $180,000 $180,000 $180,000 $180,000
OSMP Long Term
Campus Vision
(555FA16001)
$600,000 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000
Regional Collaboration
(555RT18001)
$480,000 $80,000 $80,000 $80,000 $80,000 $80,000 $80,000
CIP-CAPITAL MAINTENANCE Subtotal $10,075,300 $3,125,300 $1,570,000 $1,570,000 $1,270,000 $1,270,000 $1,270,000
Agriculture and Water
Facilities
$960,000 $210,000 $210,000 $210,000 $110,000 $110,000 $110,000
Cultural
Resource/Facility
$600,000 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000
Ecological System
Maintenance/Restr
$1,430,000 $430,000 $200,000 $200,000 $200,000 $200,000 $200,000
Facilities Maintenance
(555FA17001)
$2,030,000 $530,000 $300,000 $300,000 $300,000 $300,000 $300,000
Farm Site
Improvements
$360,000 $60,000 $60,000 $60,000 $60,000 $60,000 $60,000
Fourmile Creek*$355,300
Major Infrastructure
Maintenance
$2,890,000 $990,000 $500,000 $500,000 $300,000 $300,000 $300,000
New Property
Stabilization
$1,450,000 $450,000 $200,000 $200,000 $200,000 $200,000 $200,000
CIP-CAPITAL PLANNING STUDIES Subtotal $780,000 $130,000 $130,000 $130,000 $130,000 $130,000 $130,000
Integrated Site Planning
(555NTSA001)
$780,000 $130,000 $130,000 $130,000 $130,000 $130,000 $130,000
CIP-LAND ACQUISITION Subtotal $10,100,000 $1,900,000 $1,900,000 $1,900,000 $1,800,000 $1,300,000 $1,300,000
Mineral Rights
Acquisition
$600,000 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000
OSMP Real Estate
Acquisition
$8,300,000 $1,600,000 $1,600,000 $1,600,000 $1,500,000 $1,000,000 $1,000,000
Water Rights
Acquisition
(555WRA001)
$1,200,000 $200,000 $200,000 $200,000 $200,000 $200,000 $200,000
Total $5,335,300 $3,780,000 $3,780,000 $3,380,000 $2,880,000 $2,880,000
ATTACHMENT B
AGENDA ITEM 4 PAGE 11
.This page is intentionally left blank.AGENDA ITEM 4 PAGE 12
Project Name:OSMP Long Term Campus Vision
Project at a Glance
Project Type:CIP-CAPITAL ENHANCEMENT
Department:OPEN SPACE & MOUNTAIN
PARKS
Subcommunity:SYSTEM-WIDE
Project Number:555FA16001 BVCP Area:SYSTEM-WIDE
CEAP Required:No CEAP Status:N/A
Project Description
In 2015, OSMP conducted a work space assessment to identify short-, medium-, and long-term departmental space needs. In
2016, the assessment determined that there is a need to pursue a new OSMP campus in the interim to meet our medium-term
vision. In 2017, OSMP selected 2520 55th St as the OSMP interim site, “The Hub.” Remodeling of The Hub started in early 2018
with a move-in date set for July 2018.
In 2019, the department will shift focus to the long-term campus vision. OSMP will analyze the development of a new campus
over the next five years to meet identified departmental space needs for staff and operations. OSMP’s preference for the new
campus is to redevelop and renovate the Cherryvale location.
Project Phasing
Planning for the long-term campus will span multiple years and determine the location of the department. Funding in
2019 will support a feasibility analysis of the Cherryvale location as a long-term site. Examples of priority projects for
2019 – 2021 include:
1. Cherryvale North, Ute, and Annex Remodel
2. Cherryvale feasibility analysis
Planning: $100,000; Construction: $0 ($100,000 annually 2020-2024)
Public Process DET/Impact Fees
Public process is not anticipated at this time. In 2017 OSMP
formed an internal team to identify space needs and options
for a campus relocation.
N/A for this project.
Interdepartmental and Interagency Collaboration Change From Past CIP
This effort will be coordinated with FAM so they can serve as
a technical resource to help direct and review any proposals
and cost estimates. Furthermore, coordination with FAM
allows for potential collaboration on current and future
citywide solutions.
Annual funding in the OSMP CIP through 2023
Capital Funding Plan
Fund(s)Expended
through
2017
Actuals
Revised
2018
Budget -
Current
Year
2019
Budget
2020 2021 2022 2023 2024
Open Space $291,457 $3,826,053 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000
Funding to Completion $0
Future Unfunded $0
Total Funding Plan:$4,717,510
Additional Annual Operating and Maintenance
Additional Annual
O&M:
TBD Funding Source for
O&M:
Additional Annual O&M Description:
Significant due to addition of 30k square feet of office space.
ATTACHMENT B
AGENDA ITEM 4 PAGE 13
Project Name:Regional Collaboration
Project at a Glance
Project Type:CIP-CAPITAL ENHANCEMENT
Department:OPEN SPACE & MOUNTAIN
PARKS
Subcommunity:SYSTEM-WIDE
Project Number:555RT18001 BVCP Area:SYSTEM-WIDE
CEAP Required:No CEAP Status:N/A
Project Description
Regional collaboration is a priority for the City of Boulder and OSMP and continues to be of community interest. Regional trails in
particular are popular community initiatives as they contribute to wellness, fitness, support physical and mental health, provide
connections to the natural world, and improve the quality of life in our community.
Based on council direction, OSMP has identified regional collaboration as a department priority, understanding connection
opportunities for system visitors while promoting interagency collaboration. Several regional trail connections are being pursued
and implemented as directed by existing plans that have been accepted by council. OSMP worked with regional partners to begin
a regional trails assessment in 2018 supporting our continuing collaborations on these and future projects. This assessment
evaluated strategies for OSMP to better understand and improve how we support regional and local trail connections.
Project Phasing
This project was created in 2018 to signal future investment in regional opportunities. In 2019, project funding will
support development of a Boulder to Lyons “Rocky Mountain Greenway” and a continuation of the Eldo to Walker
Feasibility Study.
Planning: $80,000; Construction: $0 in 2019 ($80,000 annually 2020-2024)
Public Process DET/Impact Fees
Strategic regional trails are called out in OSMP plans and
have therefore incorporated public process. As OSMP
completes feasibility and other analyses, further public
process may be incorporated as necessary.
N/A for this project.
Interdepartmental and Interagency Collaboration Change From Past CIP
Regional trail development will be completed in partnership
with communities connecting OSMP trails to their own.
Currently identified projects include Boulder to Lyons and
Eldorado to Walker connections. Both projects will be lead by
Boulder County with the city involved as a partner.
New project with annual funding in the OSMP CIP.
Capital Funding Plan
Fund(s)Expended
through
2017
Actuals
Revised
2018
Budget -
Current
Year
2019
Budget
2020 2021 2022 2023 2024
Open Space $0 $80,000 $80,000 $80,000 $80,000 $80,000 $80,000 $80,000
Funding to Completion $0
Future Unfunded $0
Total Funding Plan:$560,000
Additional Annual Operating and Maintenance
Additional Annual
O&M:
TBD Funding Source for
O&M:
Additional Annual O&M Description:
Monitor, maintain, rehabilitate new trails when constructed.
ATTACHMENT B
AGENDA ITEM 4 PAGE 14
Project Name:Agriculture and Water Facilities
Project at a Glance
Project Type:CIP-CAPITAL MAINTENANCE
Department:OPEN SPACE & MOUNTAIN
PARKS
Subcommunity:SYSTEM-WIDE
Project Number:555AG15001 BVCP Area:SYSTEM-WIDE
CEAP Required:No CEAP Status:N/A
Project Description
One of the city charter purposes is to preserve agricultural land and provide for its agricultural use. This is accomplished through
an agricultural leasing program that includes an obligation to provide land and water to local farmers and ranchers. Agricultural
properties have fencing, irrigation infrastructure, and other structures necessary to support agricultural operations that must be
maintained.
Aging, intermittently used, and damaged infrastructure needs repair to adequately irrigate certain properties. We look for
opportunities to install measurement and control instrumentation to become more efficient with water deliveries and understand
how much water is being delivered. We will follow recommendations from the Agricultural Resource Management Plan accepted
by council in 2017.
Project Phasing
Deliverables will be measured by linear feet of fence constructed, linear feet of irrigation lateral, or number of irrigation
structures. Progress will be tracked using existing GIS records. Examples of priority projects for 2019-2021 include:
1. Survey, 1-2 boxes and headgates at Teller Farm
2. Flumes for Eggleston 1 and 3
3. Swartz - pipeline installation with headers
Planning: $0; Construction: $210,000 in 2019 ($110,000 annually 2020-2024)
Public Process DET/Impact Fees
The Agricultural Resource Management Plan was approved
in 2017 and incorporated significant public process. The
projects funded through this CIP will align with the
recommendations from the plan. These funds will generally
be used to replace the existing infrastructure. Adjacent
property owners will be consulted as necessary.
N/A for this project.
Interdepartmental and Interagency Collaboration Change From Past CIP
The city's Utilities staff may be involved with some water
infrastructure projects as they are often shareholders in the
same local ditch companies as OSMP.
None. This program is funded annually in the OSMP CIP.
Capital Funding Plan
Fund(s)Expended
through
2017
Actuals
Revised
2018
Budget -
Current
Year
2019
Budget
2020 2021 2022 2023 2024
Open Space $264,069 $110,000 $210,000 $210,000 $210,000 $110,000 $110,000 $110,000
Funding to Completion $0
Future Unfunded $0
Total Funding Plan:$1,334,069
Additional Annual Operating and Maintenance
Additional Annual
O&M:
1,000 Funding Source for
O&M:
Additional Annual O&M Description:
New structures will need to be monitored and cleaned.
ATTACHMENT B
AGENDA ITEM 4 PAGE 15
Project Name:Cultural Resource/Facility Restorat
Project at a Glance
Project Type:CIP-CAPITAL MAINTENANCE
Department:OPEN SPACE & MOUNTAIN
PARKS
Subcommunity:SYSTEM-WIDE
Project Number:555CR15001 BVCP Area:SYSTEM-WIDE
CEAP Required:No CEAP Status:N/A
Project Description
This program supports multiple charter purposes including preservation of agricultural land for agricultural uses, preservation of
scenic areas or vistas, and preservation of land for its aesthetic value. OSMP dedicates CIP funding annually to improve the
condition of historic structures, including but not limited to barns, houses, sheds, and shelters. Improvements serve many
functions, including allowing for functional farms and/or homes for agricultural tenants. Other cultural resource projects preserve
iconic structures across the land system for the enjoyment of current and future generations.
In 2017, historic structures on the OSMP land system were reviewed during a system-wide facilities assessment and prioritized
by staff. Priority projects were programmed across the 6-year planning horizon. In 2019, this CIP will also support OSMP’s
scenic resource inventory efforts.
Project Phasing
Funding in 2017 supported immediate needs while waiting for the results of the facilities assessment. Out-year
projects were identified through the assessment. Examples of priority projects for 2019-2021 include:
1. Hartnagle house rehabilitation
2. Johnson house rehabilitation
3. Van Vleet Barn and Loafing Shed
Planning: $25,000; Construction: $75,000 ($100,000 annually 2020-2024)
Public Process DET/Impact Fees
Public process is not anticipated for this project as funding
primarily supports maintenance to existing structures.
N/A for this project.
Interdepartmental and Interagency Collaboration Change From Past CIP
Work will be coordinated with Boulder County Preservation
staff, the State Historic Preservation office, and the City of
Boulder Landmarks Board as needed.
None. Program is funded annually in the OSMP CIP.
Capital Funding Plan
Fund(s)Expended
through
2017
Actuals
Revised
2018
Budget -
Current
Year
2019
Budget
2020 2021 2022 2023 2024
Open Space $36,229 $135,059 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000
Funding to Completion $0
Future Unfunded $0
Total Funding Plan:$771,288
Additional Annual Operating and Maintenance
Additional Annual
O&M:
0 Funding Source for
O&M:
Additional Annual O&M Description:
Improvements to facilities will likely reduce O&M needs
ATTACHMENT B
AGENDA ITEM 4 PAGE 16
Project Name:Ecological System Maintenance/Restr
Project at a Glance
Project Type:CIP-CAPITAL MAINTENANCE
Department:OPEN SPACE & MOUNTAIN
PARKS
Subcommunity:SYSTEM-WIDE
Project Number:555ES17001 BVCP Area:SYSTEM-WIDE
CEAP Required:No CEAP Status:N/A
Project Description
This program supports multiple charter purposes including preservation of natural areas, preservation of water resources in their
natural or traditional state, scenic areas or vistas, wildlife habitats, fragile ecosystems, and utilization of land to prevent
development encroachment on floodplains. These ongoing capital dollars will support ecological system maintenance and
restoration as directed by the Grassland Ecosystem Management Plan, the Forest Ecosystem Management Plan, the Visitor
Master Plan, and Trail Study Area Plans. Projects additionally support the goals of the Boulder Creek Master Plan approved in
2017.
This program will support some non-FEMA flood recovery, particularly where the 2013 flood destabilized South Boulder Creek
resulting in high sediment loading affecting riparian areas including Preble’s meadow jumping mouse habitat and fish passage.
Project Phasing
OSMP expects to compete FEMA reimbursable projects in 2017 and begin to use these funds to implement top
priorities of the Trail Study Area Plans, Grassland Plan, and Forest Ecosystem Management Plan. Examples of
priority projects for 2019-2021 include:
1. Restore habitat and ecological functioning on lower Boulder Creek
2. Create fish passage at East Boulder Ditch
3. Improve aquatic habitat on South Boulder Creek
Planning: 75,000; Construction: $355,000 in 2019 ($200,000 annually 2020-2024)
Public Process DET/Impact Fees
Trail Study Area Plans, Grassland Plan, and Forest
Ecosystem Management Plan incorporated significant public
process. The projects funded through this CIP will align with
the recommendations from the plans. These funds will
generally be used to repair or restore existing systems or
habitats.
N/A for this project.
Interdepartmental and Interagency Collaboration Change From Past CIP
Not anticipated at this time, but OSMP will consult with other
city staff and Xcel Energy as necessary.
Annual funding in the OSMP CIP.
Capital Funding Plan
Fund(s)Expended
through
2017
Actuals
Revised
2018
Budget -
Current
Year
2019
Budget
2020 2021 2022 2023 2024
Open Space $170 $504,330 $430,000 $300,000 $300,000 $200,000 $200,000 $200,000
Funding to Completion $0
Future Unfunded $0
Total Funding Plan:$2,134,500
Additional Annual Operating and Maintenance
Additional Annual
O&M:
0 Funding Source for
O&M:
Additional Annual O&M Description:
Improvements will likely reduce O&M needs
ATTACHMENT B
AGENDA ITEM 4 PAGE 17
Project Name:Facilities Maintenance
Project at a Glance
Project Type:CIP-CAPITAL MAINTENANCE
Department:OPEN SPACE & MOUNTAIN
PARKS
Subcommunity:SYSTEM-WIDE
Project Number:555FA17001 BVCP Area:SYSTEM-WIDE
CEAP Required:No CEAP Status:N/A
Project Description
This program supports the facilities maintenance needed to fulfill multiple OSMP charter purposes. In 2017, OSMP began a
facilities assessment to inventory all OSMP structures, determine their condition and what is needed to maintain them including
the priority of each facility along with estimated maintenance and repair costs both immediate and long term. This information
was delivered to OSMP in 2017 as the Facilities Assessment and is used to prioritize facility maintenance over the 6-year
planning horizon.
Project Phasing
Funding in 2016 supported the facilities assessment contract. Funding in 2017 supported immediate needs while
waiting for the results of the assessment. Out-year projects were identified through the assessment. Examples of
priority projects for 2019 – 2021 include:
1. Facility repairs across multiple sites
2. Gregory Canyon Restroom Replacement Design
3. Deconstruct existing barn on Manchester property & construct new barn.
Planning: $0; Construction: $530,000 in 2019 ($300,000 annually 2020-2024)
Public Process DET/Impact Fees
Public process is not anticipated, as Facilities projects will
involve maintenance to existing structures. Project priorities
were identified through the 2017 facilities assessment.
N/A for this project.
Interdepartmental and Interagency Collaboration Change From Past CIP
Consultation with Facilities and Asset Management as
needed. Maintenance work on OSMP property and will be
coordinated with adjacent property owners and the OSMP
staff, if needed.
Annual funding in the OSMP CIP.
Capital Funding Plan
Fund(s)Expended
through
2017
Actuals
Revised
2018
Budget -
Current
Year
2019
Budget
2020 2021 2022 2023 2024
Open Space $369,936 $458,602 $530,000 $300,000 $300,000 $300,000 $300,000 $300,000
Funding to Completion $0
Future Unfunded $0
Total Funding Plan:$2,858,538
Additional Annual Operating and Maintenance
Additional Annual
O&M:
0 Funding Source for
O&M:
Additional Annual O&M Description:
This will reduce future O&M costs.
ATTACHMENT B
AGENDA ITEM 4 PAGE 18
Project Name:Farm Site Improvements
Project at a Glance
Project Type:CIP-CAPITAL MAINTENANCE
Department:OPEN SPACE & MOUNTAIN
PARKS
Subcommunity:SYSTEM-WIDE
Project Number:555AG16001 BVCP Area:SYSTEM-WIDE
CEAP Required:No CEAP Status:N/A
Project Description
This program supports the city charter purpose of agricultural land protection and use. We primarily accomplish this through an
agricultural leasing program that includes an obligation to provide land and water to local farmers and ranchers. This program will
improve farm sites to include infrastructure necessary for local food producing operations. The Agricultural Management Plan
accepted by council in 2017 identified sites to consider for these types of uses and infrastructure improvements.
Project Phasing
Spending in 2016 supported septic and water expenses while funding in 2017 supported immediate needs while
waiting for the results of the facilities assessment. Priority projects in 2019 include maintenance and enhancements at
the Manchester and Hunter Kolb sites. Additional work at the Hartnagle site is scheduled in 2019-2020. Examples of
priority projects for 2019-2021 include:
1. Add electric and water service to Hunter Kolb milking barn
2. Improve Manchester loafing shed
3. Develop / permit plans for moving the driveway on the Hartnagle farm
Planning: $0; Construction: $60,000 in 2019 (same through 2024)
Public Process DET/Impact Fees
The projects are maintenance to existing structures on
OSMP properties so no process is anticipated.
N/A for this project.
Interdepartmental and Interagency Collaboration Change From Past CIP
The Agricultural Resource Management Plan was approved
in 2017 and incorporated significant public process. Out-year
funds will also consider guidance from the Open Space
Master Plan expected to be completed in 2019. Maintenance
work is OSMP property and will be coordinated with adjacent
property owners and the OSMP staff, if needed.
None. This program is funded annually in the OSMP CIP.
Capital Funding Plan
Fund(s)Expended
through
2017
Actuals
Revised
2018
Budget -
Current
Year
2019
Budget
2020 2021 2022 2023 2024
Open Space $13,111 $60,000 $60,000 $60,000 $60,000 $60,000 $60,000 $60,000
Funding to Completion $0
Future Unfunded $0
Total Funding Plan:$433,111
Additional Annual Operating and Maintenance
Additional Annual
O&M:
0 Funding Source for
O&M:
Additional Annual O&M Description:
The maintenance will lessen O&M requirements.
ATTACHMENT B
AGENDA ITEM 4 PAGE 19
Project Name:Four Mile Creek
Project at a Glance
Project Type:CIP-CAPITAL MAINTENANCE
Department:OPEN SPACE & MOUNTAIN
PARKS
Subcommunity:SYSTEM-WIDE
Project Number:555PM15005 BVCP Area:SYSTEM-WIDE
CEAP Required:No CEAP Status:N/A
Project Description
The Foothills Trail crossing of Four Mile Creek near the Foothills Trailhead changed drastically during the 2013 Flood. This non-
FEMA flood recovery project aims to install a crossing and to rehab the creek bed up and downstream from the bridge location.
Stream restoration is crucial to provide sediment transport through the area, and to re-create the habitat that was lost during the
flood. It will be supported by Lottery funding.
Project Phasing
Data gathering, planning and design occurred in 2017. Permitting occurred in 2018. Construction is planned for 2019.
Public Process DET/Impact Fees
This flood recovery project was presented to OSBT and
Council after the September 2013 flood.
Not applicable for this project.
Interdepartmental and Interagency Collaboration Change From Past CIP
Work will be coordinated with City and County Floodplain
permitting, as well as USFWS, USFS, CPW, SHPO, and the
Army Corps of Engineers.
2019 funding added for construction.
Capital Funding Plan
Fund(s)Expended
through
2017
Actuals
Revised
2018
Budget -
Current
Year
2019
Budget
2020 2021 2022 2023 2024
Lottery $42,218 $357,782 $355,300 $0 $0 $0 $0 $0
Funding to Completion $0
Future Unfunded $0
Total Funding Plan:$755,300
Additional Annual Operating and Maintenance
Additional Annual
O&M:
0 Funding Source for
O&M:
Additional Annual O&M Description:
Project will likely decrease O&M costs.
ATTACHMENT B
AGENDA ITEM 4 PAGE 20
Project Name:Major Infrastructure Maintenance
Project at a Glance
Project Type:CIP-CAPITAL MAINTENANCE
Department:OPEN SPACE & MOUNTAIN
PARKS
Subcommunity:SYSTEM-WIDE
Project Number:555OSTP002 BVCP Area:SYSTEM-WIDE
CEAP Required:No CEAP Status:N/A
Project Description
The OSMP charter requires that we preserve land for passive recreational use. In 2016, OSMP initiated a Trails Condition
Assessment to assess the current state of the entire designated trail system and to signal future investment in trails stewardship.
The Trails Condition Assessment was completed in 2017 and will be used to identify department priorities and cost projections to
improve trails on the system. Spending in 2018 and beyond will be guided by assessment results, Trail Study Area Plans, and the
Open Space Master Plan expected to be completed in 2019.
Project Phasing
Previous project funding supported non-FEMA flood recovery efforts. OSMP expects to compete FEMA reimbursable
projects in 2018. In 2019, this project will support implementation of top priorities of Trail Study Area Plans. Examples
of priority projects for 2019 – 2021 include:
1. Design/reroute Sanitas East Ridge
2. Scoping Upper Bear Canyon Re-Route
3. Scope/Design Royal Arch Trail
4. Major upgrades at 1-2 trailheads
Planning: $200,000; Construction: $790,000 ($300,000 annually 2020-2024)
Public Process DET/Impact Fees
Public process is not anticipated, as projects will involve
maintenance of existing trails and/or implementation of Trail
Study Area Plan priorities which incorporated public process.
These projects will be noticed on our web page.
N/A for this project.
Interdepartmental and Interagency Collaboration Change From Past CIP
Work will be coordinated within OSMP. Collaboration with
other city departments and other agencies will be project
specific.
Annual funding in the OSMP CIP
Capital Funding Plan
Fund(s)Expended
through
2017
Actuals
Revised
2018
Budget -
Current
Year
2019
Budget
2020 2021 2022 2023 2024
Open Space $59,735 $249,975 $990,000 $500,000 $500,000 $300,000 $300,000 $300,000
Funding to Completion $0
Future Unfunded $0
Total Funding Plan:$3,199,710
Additional Annual Operating and Maintenance
Additional Annual
O&M:
0 Funding Source for
O&M:
Additional Annual O&M Description:
Improvements will likely reduce O&M needs
ATTACHMENT B
AGENDA ITEM 4 PAGE 21
Project Name:New Property Stabilization
Project at a Glance
Project Type:CIP-CAPITAL MAINTENANCE
Department:OPEN SPACE & MOUNTAIN
PARKS
Subcommunity:SYSTEM-WIDE
Project Number:555RE15001 BVCP Area:SYSTEM-WIDE
CEAP Required:No CEAP Status:N/A
Project Description
The OSMP Charter indicates that land may not be improved after acquisition unless such improvements are necessary to protect
or maintain the land or to provide for identified charter purposes. This CIP project includes funds for new property
stabilization/immediate improvements on OSMP Real Estate Acquisitions, including immediate property needs for natural
resources.
In prior years, immediate property stabilization was funded on a case by case basis which resulted in insufficient funding to bring
new properties to OSMP standards, including breakdown and/or restoration of structures, fencing, invasive plant eradication, etc.
In 2017, OSMP began to set an amount per year dedicated to property stabilization with 2019 being a pivotal year for funding
increased stewardship to the system.
Project Phasing
Examples of priority projects for 2019 – 2021 include immediate property needs for:
1. Fort Chambers/Poor Farm
2. Boulder Valley Farm
3. Ryan II
Research and Stabilization: $450,000 in 2019 ($200,000 annually 2020-2024)
Public Process DET/Impact Fees
Each property acquisition is presented to the OSBT and City
Council for approval. New Property Stabilization needs are
identified by staff prior to property acquisition and these CIP
dollars support stabilization to integrate new properties into
the system.
N/A for this project.
Interdepartmental and Interagency Collaboration Change From Past CIP
Most of this maintenance work is on OSMP property and will
be coordinated with the adjacent property owners and OSMP
staff, if needed.
Annual funding in the OSMP CIP.
Capital Funding Plan
Fund(s)Expended
through
2017
Actuals
Revised
2018
Budget -
Current
Year
2019
Budget
2020 2021 2022 2023 2024
Open Space $113,708 $153,292 $450,000 $200,000 $200,000 $200,000 $200,000 $200,000
Funding to Completion $0
Future Unfunded $0
Total Funding Plan:$1,717,000
Additional Annual Operating and Maintenance
Additional Annual
O&M:
TBD Funding Source for
O&M:
Additional Annual O&M Description:
Project improves properties to integrate into system, minimal O&M.
ATTACHMENT B
AGENDA ITEM 4 PAGE 22
Project Name:Integrated Site Planning
Project at a Glance
Project Type:CIP-CAPITAL PLANNING STUDIES
Department:OPEN SPACE & MOUNTAIN
PARKS
Subcommunity:SYSTEM-WIDE
Project Number:555NTSA001 BVCP Area:SYSTEM-WIDE
CEAP Required:No CEAP Status:N/A
Project Description
Integrated Site Plans are developed taking into consideration natural, agricultural, recreational, cultural and scenic resources as
well as programming for education, patrol, and operations. They are developed at a site scale that enables natural and cultural
resource projects as well as recreation activities with supporting infrastructure to be implemented immediately with clear guidance
on feasibility, constructability, materials, etc. ISPs sequence projects in an area while ensuring implementation of system plans.
Project Phasing
Funding in 2018 supported first year ISPs at North Foothills and Wonderland Lake including facilities, conservation,
trail and other elements with the goal of a coordinated NTSA implementation approach at these sites. Examples of
priority projects for 2019 – 2021 include:
1. North Foothills ISP Phase 1
2. Design Guidelines with Landscape Character Assessment
3. Gunbarrel Hill: Site Plan and Recommendations
4. Greenbelt Meadows: Site Plan and Recommendations
Planning and Design: $130,000 in 2019 (same through 2024)
Public Process DET/Impact Fees
All projects called out in the NTSA Plan went through the
lengthy public involvement process of plan development.
Once detailed plans are developed for some of the larger
projects, such as the North Sky Trail, additional outreach to
the community will be needed. These project plans will also
be vetted by the Open Space Board of Trustees.
N/A for this project.
Interdepartmental and Interagency Collaboration Change From Past CIP
Coordination with the city Parks and Recreation Department
for the Boulder Resevoir Master Plan, with Boulder County
Transportation, Parks, and Open Space on neighboring
properties and with CDOT on properties adjacent to their
facilities, including US36.
Funding adjusted in out years based on plan costing.
Capital Funding Plan
Fund(s)Expended
through
2017
Actuals
Revised
2018
Budget -
Current
Year
2019
Budget
2020 2021 2022 2023 2024
Open Space $86,215 $350,000 $130,000 $130,000 $130,000 $130,000 $130,000 $130,000
Funding to Completion $0
Future Unfunded $0
Total Funding Plan:$1,216,215
Additional Annual Operating and Maintenance
Additional Annual
O&M:
Minimal Funding Source for
O&M:
Additional Annual O&M Description:
Monitor, maintain, rehabilitate sites when implementing ISP items.
ATTACHMENT B
AGENDA ITEM 4 PAGE 23
Project Name:Mineral Rights Acquisition
Project at a Glance
Project Type:CIP-LAND ACQUISITION
Department:OPEN SPACE & MOUNTAIN
PARKS
Subcommunity:SYSTEM-WIDE
Project Number:555MRA001 BVCP Area:SYSTEM-WIDE
CEAP Required:No CEAP Status:N/A
Project Description
For decades, the City of Boulder has worked to acquire subsurface property interests and mineral rights, including oil and gas, as
part of any new open space acquisition or where the opportunity has existed to acquire them separately. These acquisitions have
helped to better control oil, gas and mineral development to minimize impacts to natural, recreational, agricultural and cultural
resources.
This ongoing program provides funding to purchase underlying mineral interests from private property owners as they become
available on the real estate market. Many of these interests in minerals, gas, oil and aggregates were severed from the lands
before properties were purchased by the city and could cause future management issues. By purchasing the rights to the mineral,
the city is purchasing a physical asset. Funds also provide for research, mapping and analyzing potential acquisitions. In addition,
should water rights or real property become available to purchase and funds allocated for that purpose are insufficient, mineral
rights acquisition funds may be utilized to make up the deficiency.
Project Phasing
Research and Acquisition: $100,000 in 2019 (same through 2024)
Public Process DET/Impact Fees
Each mineral rights acquisition must be approved by OSBT
and Council.
N/A for this project.
Interdepartmental and Interagency Collaboration Change From Past CIP
Collaboration with other departments and agencies is
generally not required for the acquisition of mineral rights
unless jointly acquired.
None
Capital Funding Plan
Fund(s)Expended
through
2017
Actuals
Revised
2018
Budget -
Current
Year
2019
Budget
2020 2021 2022 2023 2024
Open Space $75,467 $785,717 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000
Funding to Completion $0
Future Unfunded $0
Total Funding Plan:$1,461,184
Additional Annual Operating and Maintenance
Additional Annual
O&M:
0 Funding Source for
O&M:
Additional Annual O&M Description:
Included in annual appropiation for operations
ATTACHMENT B
AGENDA ITEM 4 PAGE 24
Project Name:OSMP Real Estate Acquisition
Project at a Glance
Project Type:CIP-LAND ACQUISITION
Department:OPEN SPACE & MOUNTAIN
PARKS
Subcommunity:SYSTEM-WIDE
Project Number:555REA001 BVCP Area:SYSTEM-WIDE
CEAP Required:No CEAP Status:N/A
Project Description
The OSMP Charter requires that we acquire, maintain, preserve and retain open space lands for ecological conservation,
agriculture, passive recreation, urban shaping and scenic beauty. As our open space system matures, the land acquisition phase
grows closer to completion with an estimated 5,000 acres remaining to complete the vision of a comprehensive open space
system. OSMP is focusing on acquisitions that assist the city in connecting and filling in the system, improving stewardship,
support trail linkages or habitat connectivity such as along wildlife and riparian corridors. Acquisition is guided by the Open Space
and Mountain Parks Acquisition Plan Update as approved by OSBT and City Council in 2013.
This ongoing project is the acquisition of additional acres of open space, whether in fee or easement, from private property
owners or others. The amount of this CIP project will gradually decrease after 2018 as OSMP increases its investments in
stewardship activities and as the amount of identified priority acquisitions decrease. In addition, should water or mineral rights
become available to purchase and funds allocated for that purpose are insufficient, Land Acquisition funds may be utilized to
make up the deficiency. Acquisitions can be episodic since several dynamics are at play including economic factors, property
owner interest, partnership opportunities, agreeable terms of scale, etc.
Project Phasing
All of this funding is for property acquisition and direct associated research and acquisition costs. Beginning in 2017,
stabilization and immediate property needs for new acquisitions were funded separately, in the New Property
Stabilization Project.
Research and Acquisition: $1.6M in 2019 (similar funding 2020-2024)
Public Process DET/Impact Fees
Each property acquisition must be approved by OSBT and
Council.
N/A for this project.
Interdepartmental and Interagency Collaboration Change From Past CIP
Coordinate with internal OSMP partners as needed before
acquisition. Typically other department or outside agency
coordination is not required, however other agencies will be
engaged when circumstances dictate.
Reduced over time to reflect shift to stewardship.
Capital Funding Plan
Fund(s)Expended
through
2017
Actuals
Revised
2018
Budget -
Current
Year
2019
Budget
2020 2021 2022 2023 2024
Open Space $403,908 $22,890,84
0
$1,600,000 $1,600,000 $1,600,000 $1,500,000 $1,000,000 $1,000,000
Funding to Completion $0
Future Unfunded $0
Total Funding Plan:$31,594,74
8
Additional Annual Operating and Maintenance
Additional Annual
O&M:
Minimal Funding Source for
O&M:
Additional Annual O&M Description:
Reflected in New Property Stabilization CIP project.
ATTACHMENT B
AGENDA ITEM 4 PAGE 25
Project Name:Water Rights Acquisition
Project at a Glance
Project Type:CIP-LAND ACQUISITION
Department:OPEN SPACE & MOUNTAIN
PARKS
Subcommunity:SYSTEM-WIDE
Project Number:555WRA001 BVCP Area:SYSTEM-WIDE
CEAP Required:No CEAP Status:N/A
Project Description
The OSMP Charter requires that we preserve water resources in their natural or traditional state. We primarily accomplish this by
protecting and maintaining both natural aquatic systems and riparian habitats as well as the engineered infrastructure of acquired
water resources. OSMP owns water rights estimated to be worth between $60 and $70 million, using the water rights to support
agricultural activities and sustain ecological health.
This ongoing project provides funding to purchase additional water from private owners or others for use on Open Space and
Mountain Parks for agricultural and environmental purposes. By purchasing the water rights, the city is purchasing a physical
asset. Funding will also be used for professional fees, legal and engineering fees, analysis and mapping necessary to manage
and protect the water rights portfolio. In addition, should mineral rights or real property become available to purchase and funds
allocated for that purpose are insufficient, water rights acquisition funds may be utilized to make up the deficiency.
Project Phasing
Research and Acquisition: $200,000 in 2019 (same through 2024)
Public Process DET/Impact Fees
Each water rights acquisition must be approved by OSBT
and Council.
N/A for this project.
Interdepartmental and Interagency Collaboration Change From Past CIP
Coordinate with internal OSMP staff including ecologists,
cultural and historic, integrated pest management,
agricultural management and water resources. Typically
other department or outside agency coordination is not
required.
None
Capital Funding Plan
Fund(s)Expended
through
2017
Actuals
Revised
2018
Budget -
Current
Year
2019
Budget
2020 2021 2022 2023 2024
Open Space $474,586 $654,529 $200,000 $200,000 $200,000 $200,000 $200,000 $200,000
Funding to Completion $0
Future Unfunded $0
Total Funding Plan:$2,329,115
Additional Annual Operating and Maintenance
Additional Annual
O&M:
TBD (Could be substantial)Funding Source for
O&M:
Additional Annual O&M Description:
Included in annual appropriations for operations
ATTACHMENT B
AGENDA ITEM 4 PAGE 26
CITY OF BOULDER
OPEN SPACE BOARD OF TRUSTEES AGENDA ITEM
MEETING DATE: June 13, 2018
AGENDA TITLE: Request for a recommendation to approve the purchase of
approximately 442 acres of land and appurtenant mineral and water rights from
Charles and Shirley Lippincott for $7,750,000 for Open Space and Mountain Parks
purposes, together with the approval and recommendation to approve of the potential
future disposal of a 50% undivided interest in the property to Jefferson County
pursuant to Section 177 of the Boulder City Charter.
PRESENTER/S
Dan Burke, Interim Director, Open Space and Mountain Parks
Bethany Collins, Real Estate Services Interim Supervisor
EXECUTIVE SUMMARY
The Lippincott Ranch property is approximately 442 acres, located in both Boulder and
Jefferson Counties with vehicular access from Plainview Road and has significant
connectivity to other open space properties (see Attachments A and B). The purchase
price of $7,750,000 will include 442 acres of vacant land, as well as all appurtenant water
rights and any mineral rights remaining with the property.
Open Space and Mountain Parks (OSMP) staff believes the acquisition of this property
meets the following City of Boulder Charter purposes:
• Preservation or restoration of natural areas characterized by or including
terrain, geologic formations, flora, or fauna that are unusual, spectacular,
historically important, scientifically valuable, or unique, or that represent
outstanding or rare examples of native species;
• Preservation of water resources in their natural or traditional state, scenic
areas or vistas, wildlife habitats, or fragile ecosystems;
• Preservation of agricultural uses and land suitable for agricultural production;
and
• Preservation of land for its aesthetic or passive recreational value and its
contribution to the quality of life of the community.
AGENDA ITEM 5 PAGE 1
In addition, the acquisition of this property has the potential to meet the Charter purpose
of: preservation of land for passive recreational use, such as hiking, photography or
nature studies, and, if specifically designated, bicycling, horseback riding, or fishing.
The property is expected to be purchased utilizing Boulder Municipal Property Authority
(BMPA) funding although it is still possible that a cash at closing purchase may occur.
Regardless of BMPA funding or a traditional cash at closing purchase, the property will
likely be acquired in a 50/50 partnership with Jefferson County Open Space (JCOS). The
disposal to JCOS via subleasing and conveyance of a 50% undivided interest in the
property will be consistent with the terms of the Intergovernmental Agreement in
substantially the same form as Attachment C and pursuant to Section 177 of the Boulder
City Charter.
STAFF RECOMMENDATION:
Staff requests the Open Space Board of Trustees make a motion to recommend that the
Boulder City Council approve the purchase of approximately 442 acres of land and
appurtenant mineral and water rights from Charles and Shirley Lippincott for
$7,750,000 for Open Space and Mountain Parks purposes.
Staff requests the Open Space Board of Trustees make a motion to approve and
recommend that the Boulder City Council approve of the potential future disposal of a
50% undivided interest in the Lippincott property to Jefferson County pursuant to
Section 177 of the Boulder City Charter and consistent with the terms of an
Intergovernmental Agreement between the City of Boulder and Jefferson County.
COMMUNITY SUSTAINABILITY ASSESSMENTS AND IMPACTS
• Environmental: OSMP is a significant community-supported program that is
recognized worldwide as a leader in preservation of Open Space lands
contributing to the environmental sustainability goal of the City Council. The
city’s acquisition of the Lippincott Ranch property, and its integration into
OSMPs land and resource management and visitor service programs, help
preserve, protect and enhance the values of the city’s Open Space system.
• Economic: OSMP contributes to the economic vitality goal of the city as it
provides the context for the diverse and vibrant economic system that sustains
services for residents. Acquiring properties such as the Lippincott Ranch property
for Open Space supports the city’s quality of life which attracts visitors and helps
businesses recruit and retain quality employees.
• Social: Because OSMP lands, facilities and programs are equally accessible to all
members of the community, they help to support the city's community
sustainability goal because all residents "who live in Boulder can feel a part of
and thrive in" this aspect of their community.
AGENDA ITEM 5 PAGE 2
OTHER IMPACTS
• Fiscal – The purchase price for the Lippincott Ranch property is $7,750,000
payable as $77,500 earnest funds and $7,672,500 cash at the time of closing or, if
funded via BMPA as anticipated, $750,000 earnest funds and deposit and the
balance of $7,000,000 payable over 20 years at 3.5% interest with yearly
payments of $492,527.54. It is also anticipated that in either funding scenario that
Jefferson County Open Space will be contributing 50% funding, however, there
are sufficient funds in the Open Space Fund for this entire acquisition - Cash Flow
Projections for both scenarios are attached (Attachment D-1 and Attachment D-
2). OSMP has been anticipating the purchase costs associated with the Lippincott
Ranch property in its budget development.
• Staff time - This acquisition is part of the normal 2018 work plan for the OSMP
Real Estate Workgroup.
PUBLIC COMMENT AND PROCESS
This item is being heard as part of this public meeting advertised in the Daily Camera on
June 9, 2018. A Notice of Disposal of Open Space Lands was published in the Daily
Camera on June 1 and 2, 2018 pursuant to Section 177 of the City Charter.
ANALYSIS
The Lippincott property is approximately 442 acres, located in both Boulder and
Jefferson Counties with vehicular access from Plainview Road (see Attachment A), and
is adjacent to six properties protected for open space purposes: four City Open Space
properties, a private property encumbered by a City Conservation Easement, and a
Jefferson County Open Space property (See Attachment B). Owned by the Charles and
Shirley Lippincott family since the 1930’s, the purchase price of $7,750,000, based on
the fair market value established by an appraisal, will include 442 acres of vacant land, as
well as all appurtenant water rights and any mineral rights associated with the property.
The property is expected to be purchased utilizing BMPA funding, although it is still
possible that a cash at closing purchase may occur. Regardless of BMPA funding or a
traditional cash at closing purchase, the property will likely be acquired in partnership
with Jefferson County Open Space (JCOS). While the purchase contract will enable
OSMP to acquire the property (likely via BMPA funding) without JCOS participation, it
is anticipated that OSMP and JCOS will partner to contribute 50% each toward the 20-
year BMPA note via a lease/sublease structure and will each have a 50% undivided fee
interest in the property after the 20-year note term. The disposal to JCOS via subleasing
and conveyance of a 50% undivided interest in the property will be consistent with the
terms of the Intergovernmental Agreement (see draft - Attachment C) and pursuant to
Section 177 of the Boulder City Charter. All conveyance documents will be subject to
review and approval by legal counsel to the parties.
The property is a truly spectacular mountain backdrop connection between OSMP and
JCOS properties making it ideal for landscape scale management of the diverse habitats
in the area. The property includes large areas of native vegetation, important ecological
AGENDA ITEM 5 PAGE 3
values, exciting opportunities for restoration, and forest, grassland, and riparian habitat
types that are considered rare in the OSMP system. Only minor disturbance and
infrastructure from the historic cattle grazing, clay and shale mining activities, and the
railroad corridor is evident on or adjacent to the property.
Purchase of the property would fulfill many OSMP charter purposes and would enable
protection and management of the following important values and features:
Ecological Systems
Wildlife
OSMP staff found presence of adult northern leopard frog and tadpoles on the
Lippincott property and feel it likely contributes to one of only 2-3 meta-populations
found on OSMP lands. Protecting this habitat via acquisition and proper management
would certainly benefit the species which is considered “of greatest conservation
need” by Colorado Parks and Wildlife.
The cliffs west of the railroad corridor have historically supported nesting golden
eagles and falcons have also been observed using “Secret Crag” during staff visits.
Little inventory has been performed on this property to-date due to its private
ownership, but it is also expected the cliffs provide additional nesting opportunities
for raptors. There are also abundant signs of wild turkey, nighthawks and dusky
grouse, and the adjacent Lindsay/JeffCo property is known to provide important
habitat for roosting wild turkeys.
Bull Gulch, portions of which are located on the property, serves as a well-used elk
migration route from the grasslands on Jewel Mountain to Winter Park, and a large
herd has been observed on the property during staff visits. Protecting this drainage via
acquisition would benefit this important migration corridor.
The portion of the property that contains Spring Brook west of the Goshawk Ridge
trail provides excellent habitat for saw-whet owls, Cooper’s hawks, and shrub-nesting
birds and OSMP songbird monitoring in upper Spring Brook has identified that the
surrounding habitat supports one the most diverse songbird communities on OSMP.
Finally, Spring Brook is considered Critical Habitat by the US Fish and Wildlife
Service for the federally-threatened Preble’s Meadow Jumping Mouse, so acquiring
the property is key for expanding habitat protection for a variety of uncommon
species.
Plants
The plant ecology of the property is considered exceptional for its diversity of
habitats – from forest to meadows to that of the remarkable post-flood Bull Gulch
channel. The meadows provide good pollinator and bird habitat, and staff observed
the rare dwarf leadplant in one of the meadows.
AGENDA ITEM 5 PAGE 4
Limited invasive weeds (hounds tongue, sulfur cinquefoil, and diffuse knapweed)
have been observed during staff visits, however it is believed these could be restored
using modified grazing plans and other treatments.
Forestry
This acquisition would add to the large, contiguous block of forest that is protected by
OSMP, JeffCo, Colorado Parks and Wildlife, and the US Forest Service. OSMP staff
noted great potential for restoration on the property, including areas of old-growth
forest.
Agriculture and Water Resources
The property has long served as summer pasturing for cattle and includes high quality
rangeland. It is anticipated that this use will continue upon acquisition via a farm,
crop and grazing lease with OSMP-directed management. There are no surface water
rights associated with the property, however three perennial drainages cross the
property, including Bull Gulch, and the southern drainage includes ephemeral ponds.
Cultural, Geological and Historic Resources
With the opportunity to perform cultural, geological, historical and archaeological
surveys upon acquisition, it is likely that open lithic and open camp sites will be
found similar to the inventoried American Indian sites found on the proximate Jewel
Mountain property.
The property hosted refractory clay and shale mining in the 1950s, and there is a large
hillside of unique ripple rock. Adjacent properties have exposed dinosaur tracks and
plant fossils, which are expected to be seen on the Lippincott property as well.
An architecturally notable segment of the historic Moffat Route of the Denver and
Rio Grande railroad, which includes two tunnels, also crosses the property.
Potential Recreational Values
While passive recreational opportunities on the property will be thoroughly scoped
during management integration after acquisition, this property offers the opportunity
to link Jefferson County’s Coal Creek Canyon Park and planned trail system to
existing OSMP and CPW trails. The Lippincott Ranch property also includes the
“Secret Spot” climbing formation which climbers have been accessing for years via
illegal trespass. Acquisition could allow management of this feature with attention
paid to the nesting raptors in the area. The property’s size, location and scenic
features make it appealing for public access and recreation, so careful management
considerations will be made to balance the potential conflicts between public use,
ongoing agricultural operations and protection of the sensitive environmental
resources.
Given the Lippincott Ranch property’s size, connectivity to existing open space,
attributes and resources and the many advantages and opportunities that acquisition
AGENDA ITEM 5 PAGE 5
provides, the property has long been identified by OSMP staff as a priority for acquisition
and OSMP staff recommends that it be acquired by the City as Open Space.
ATTACHMENTS
• Attachment A: Vicinity Map
• Attachment B: Location Map
• Attachment C: Draft Intergovernmental Agreement
• Attachment D-1: Cash Flow Projection – Cash Purchase
• Attachment D-2: Cash Flow Projection – BMPA Purchase
AGENDA ITEM 5 PAGE 6
User: ashlm1 Date: 5/30/2018 Document Path: E:\MapFiles\Property\Lippincott\VICINITYLippincott.mxd
Legend
ATTACHMENT A: Vicinity Map -
Lippincott Ranch Property
Approximate property boundaries from Boulder County Assessor’s
data.
Subject Property
OSMP Lands
County Lands
Federal Lands
City Limits
County Boundaries
Highway
Roads
I
012345
Miles
BoulderBoulder
LongmontLongmont
LouisvilleLouisville
S
U
B
J
E
C
T
AGENDA ITEM 5 PAGE 7
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AGENDA ITEM 5 PAGE 8
VAN VLEET / JEFFCOFowlerDoudyDrawGoshawkRidge PrairieVistaFlatiron s Vi sta So uthFlatirons Vista North
STENGEL II
LINDSAY / JEFFCO
HOGAN RANCH - (CE)
ELDORADO MOUNTAIN (CONDA QUARRY)
LINDSAY - West
DUNN II
JEWEL MOUNTAIN LAND CO.
EBNER
RUDD - WestMOORE FAMILY
CoalCreekSouth Boulder
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awUser: ashlm1 Date: 6/5/2018 Document Path: E:\MapFiles\Property\Lippincott\PROPERTYLippincott.mxd
ATTACHMENT B: Property Map -
Lippincott Ranch Property
(Approximate property boundaries from Boulder
County Assessor’s data.)
Subject Property
OSMP Ownership
OSMP Conservation Easement
Jefferson County Ownership
Hiking Trail
Multi-Use Trail
Railroads
Main Ditch
Perennial Stream
Intermittent Stream
Aqueduct
0 1,200 2,400 3,600 4,800
Feet
I Pl
ainview Rd.
Mickey
Mouse
Wall
AGENDA ITEM 5 PAGE 9
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AGENDA ITEM 5 PAGE 10
INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF BOULDER, COLORADO AND
JEFFERSON COUNTY, COLORADO
(LIPPINCOTT PROPERTY PURCHASE)
THIS INTERGOVERNMENTAL AGREEMENT (this “Agreement”) is made and entered
into this _____ day of _______________, 20___, by and between the CITY OF BOULDER,
COLORADO (the “City”), a municipal corporation duly organized and existing as a home rule
city, and the COUNTY OF JEFFERSON, STATE OF COLORADO, a body politic and
corporate (the “County”); the above-named entities may sometimes be collectively referred to
herein as the “Parties” and individually as a “Party.”
W I T N E S S E T H:
WHEREAS, the City Council of the City and the Board of County Commissioners of the
County believe that acquisition of land pursuant to Article XII of the City’s Charter (“City’s
Charter”) and the County’s 1972 Open Space Enabling Resolution, as amended (“County’s
Enabling Resolution”) for purposes including open space, agriculture, scenic preservation, passive
recreation, and trails (“Open Space Purposes”) is a vital need for the communities of the City and
the County; and
WHEREAS, it has been proposed that certain real property located within the County and
within Boulder County, Colorado, consisting of approximately 442 acres and which is legally
described on Exhibit A, attached hereto and incorporated herein by reference (the “Property”), will
be purchased by the City for $7,750,000 (the “Purchase Price”) pursuant to that certain Purchase
Agreement (the “Lippincott Agreement”) by and between the City, as buyer, and Charles
Lippincott aka Charles Thomas Lippincott and Shirley Lippincott aka Shirley Ann Lippincott, as
seller (the “Seller”), to be jointly improved, operated and managed by the City and the County as
open space in compliance with the City’s Charter and the County’s Enabling Resolution; and
WHEREAS, the City may assign its rights under the Lippincott Agreement to the Boulder
Municipal Property Authority (“BMPA”), a non-profit corporation formed by the City for the
purpose of facilitating the purchase, lease or other acquisition of real property interests by the City;
and
WHEREAS, the Seller shall receive the Purchase Price either as (a) the earnest money and
the remaining balance of the Purchase Price by check or wire transfer from the City on the closing
date set forth in the Lippincott Agreement (the “Closing Date”) or (b) if the Lippincott Agreement
is assigned to BMPA, the earnest money, the down payment (“Down Payment”) by check or wire
transfer on the Closing Date from the City, and the balance of the Purchase Price financed through
a carry-back non-recourse promissory note dated the Closing Date (the “Note”) issued by BMPA
to the Seller and payable by the City in twenty (20) annual rental payments (the “Base Rentals”),
ATTACHMENT C
AGENDA ITEM 5 PAGE 11
subject to annual appropriation, pursuant to the terms of a Lease Purchase Agreement (the “Lease”)
to be entered into between BMPA and the City on the Closing Date; and
WHEREAS, the Note shall be secured by a deed of trust (the “Deed of Trust”) for the
benefit of the Seller, with interest accruing at the rate of 3.50% per annum; and
WHEREAS, the County desires to participate in the acquisition of the Property for Open
Space Purposes and if the Lippincott Agreement is assigned to BMPA, agrees to enter into a
sublease with the City on the Closing Date (the “Sublease”), in a form acceptable to the Parties,
pursuant to which the County shall contribute 50% of the Purchase Price in exchange for an
undivided 50% interest in the Property; and
WHEREAS, under the terms of the Lease and the Sublease, upon full and final payment of
the twenty (20) annual Base Rental payments by the City pursuant to the Lease and the twenty
(20) annual sublease payments by the County pursuant to the Sublease (the “Sublease Rentals”),
BMPA will convey fee title interest to the City and the City will convey a 50% undivided
ownership interest in the Property to the County; and
WHEREAS, if the purchase of the Property is fully funded on the Closing Date, at the
Closing the County shall remit to City 50% of the Purchase Price and the City shall convey to the
County a 50% undivided ownership interest in the Property; and
WHEREAS, C.R.S. Section 29-1-203 authorizes the City and the County to cooperate and
contract with one another to provide any function, service or facility lawfully authorized to each
of them, which cooperation may include the sharing of costs and the incurring of debt; and
WHEREAS, in order to more formally establish the understanding of the Parties regarding
the above matters, the Parties desire to enter into this Agreement.
NOW, THEREFORE, in consideration of the mutual agreements contained herein and
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Parties agree as follows:
PROPERTY ACQUISITION FUNDING
1.If the Lippincott Agreement is assigned to BMPA, the County agrees to pay the
City one-half the earnest money (the “Earnest Money”) and one-half the Down Payment, as
identified in the Lippincott Agreement, on the Closing Date and the City and County agree to enter
into the Sublease on the Closing Date pursuant to which the County shall contribute 50% of the
Purchase Price in exchange for an undivided 50% interest in the Property. The Earnest Money and
Down Payment shall be applied to the County’s acquisition of its undivided 50% interest in the
Property.
ATTACHMENT C
AGENDA ITEM 5 PAGE 12
2.As more fully set forth in the Sublease, the County agrees to make 20 equal annual
Sublease Rental payments that are each one-half the amount of each Base Rental payment, payable
5 business days prior to each anniversary of the Closing Date.
3.The Sublease shall specify, in part, that the County shall acquire a 50% undivided
interest in all surface and subsurface water and water rights, ditches and ditch rights, ponds and
pond rights, springs and spring rights, and wells and well rights, whether decreed or not, if any,
attached or appurtenant to or used in connection with the Property. The County shall also acquire
a 50% undivided interest in any and all mineral interests in the Property and any existing access to
the Property to which Seller has title or in which Seller has an interest.
4.If the Lippincott Agreement is not assigned to BMPA, at the Closing the County
shall provide 50% of the total Purchase Price to the City for payment to the Seller.
5.If the Parties obtain grant funding from Great Outdoors Colorado for the purchase
and/or improvement of the Property, the Parties agree the grant funds shall be distributed to the
Parties in equal shares and shall equally reduce their financial obligations as set forth herein, under
terms mutually agreeable to the Parties.
LEASE OR SUBLEASE PAYMENT DEFAULT
6.If Lippincott Agreement is assigned to BMPA, the provisions of the Lease and the
Sublease shall provide that if the City fails to appropriate for the payment of Base Rentals (as such
term is defined in the Lease, Sublease, and herein) or is in payment default of Base Rentals under
the Lease, the City shall immediately give notice to the County and (a) the County shall not be
obligated to make any additional Sublease Rentals under the Sublease, and (b) in its sole discretion,
the County shall have the right to continue making the City’s Base Rental payments under the
Lease, provided however, such right shall be required to be exercised by the County within a period
not in excess of 60 days from the date it receives notice from the City. If the County makes such
Base Rental payments under the Lease on behalf of the City and 100% of the Base Rental Payments
are made under the Lease by the end of the Lease Term (as such term is defined in the Lease), each
Party shall receive a proportionate undivided interest in the Property based on the proportionate
share of total Base Rentals made by each Party. If at any point during the Lease Term, the City
fails to make its Base Rental payments and the County does not elect to continue making the City’s
Base Rental payments, an Event of Default shall have occurred under the Lease.
7.The provisions of the Lease and the Sublease shall provide that if the County fails
to appropriate for the annual Sublease Rentals (as such term is defined in the Lease, Sublease, and
herein) or is in payment default of the Sublease Rentals under the Sublease, the County shall
immediately give notice to the City and the Sublease shall terminate; provided, however that if
100% of the Base Rental Payments are made under the Lease, each Party shall receive a
proportionate undivided interest in the Property based on the proportionate share of total Base
Rentals made by each Party.
ATTACHMENT C
AGENDA ITEM 5 PAGE 13
DUE DILIGENCE ACTIVITIES
8.The City shall provide the County the opportunity for full and contemporaneous
evaluation, comment, resolution, and approval of all due diligence evaluations, activities and
documents concerning the acquisition and financing of the Property including, without limitation,
the title commitment (“Title Commitment”) and title policy (“Title Policy”) for the Property,
merchantability of title, ALTA engineering survey (“Survey”) of the Property, surveyed legal
description, Phase I Environmental Assessment, and the final versions of all related contract,
conveyance and financing documents.
9.The County shall contract for the Survey sufficient to satisfy the requirements of
the title company (“Title Company”) to delete the standard pre-printed exceptions from the Title
Commitment and Title Policy. The Survey shall be certified to the City, the County and the Title
Company and shall include the legal description of the Property, a certification as to the acreage
of the Property, the deeded legal description and the surveyed legal description. The Survey must
be acceptable to the City and the County. The Closing Date may be postponed for as long as is
reasonably necessary for the County to receive and approve the Survey.
10.The City shall contract for a Phase I Environmental Assessment of the Property and
provide the County a copy of the Environmental Assessment. The Environmental Assessment
must be acceptable to the City and the County. Neither Party makes representations or warranties
to the other regarding the condition of the Property. This Agreement is not intended and shall not
be deemed to create, expand, diminish or in any way affect any liability or responsibility of either
the County or the City for any hazardous materials or other environmental matters on or relating
in any way to the Property. “Hazardous Materials” as used herein shall mean and include any
pollutants, contaminants or hazardous or toxic wastes or substances as defined, listed or regulated
by any Environmental Laws. “Environmental Laws” shall mean and include federal, state, and
local laws, regulations and ordinances, relating to pollution or the protection of human health or
the environment, including air, surface water, groundwater, land surface, or subsurface strata.
Environmental Laws also include those laws, regulations and ordinances relating to the emission,
discharge, release or threatened release, manufacture, processing, distribution, use, treatment,
storage, disposal, transport, or handling of Hazardous Materials. “Environmental Matter” shall
mean and include any condition, claim, cost, order, demand, requirement or liability either (a)
arising under any Environmental Laws or (b) caused by or relating to the presence or release of
any Hazardous Materials in, on or to the air, soil, surface waters or groundwater.
11.Prior to the City or County or their agents or representatives entering upon the
Property, Parties shall provide Seller certificates of insurance showing that City or County, or their
agents or contractors, have obtained insurance coverage in form and substance typical for review
of property being considered for acquisition by the City or County. If City or County engages a
third party contractor to perform such studies, said contractor shall obtain: (a) commercial general
liability insurance, with limits of not less than One Million and 00/100 Dollars ($1,000,000.00)
per occurrence and Two Million and 00/100 Dollars ($2,000,000.00) in the aggregate, (b) workers
ATTACHMENT C
AGENDA ITEM 5 PAGE 14
compensation insurance in statutory limits and employers liability insurance with limits not less
than One Million and 00/100 Dollars ($1,000,000.00) each limit, (c) umbrella excess liability
insurance excess of the underlying commercial general liability and employers liability insurance
with limits not less than Two Million and 00/100 Dollars ($2,000,000.00) each occurrence and
aggregate, and (d) the contractor’s certificate of insurance shall name Seller, City, and the County
as an additional insured.
CONDITIONS PRECEDENT TO COUNTY’S PARTICIPATION
12.This Agreement does not bind the County unless and until it is approved by its
Board of County Commissioners and executed by its Chairman. In addition, the County’s
obligation to close on the Property and participate in its funding is contingent upon the County’s
acceptance of the terms of the Lippincott Agreement, Lease, Sublease, this Agreement, and all
documents and exhibits referenced in these four documents. If such approval and acceptance have
not occurred, any Purchase Price funds the County has advanced to the City shall be returned to
the County.
CONDITIONS PRECEDENT TO CITY’S PARTICIPATION
13.This Agreement does not bind the City unless and until it is approved by the Open
Space Board of Trustees and the Boulder City Council and executed by the city manager. In
addition, the City’s obligation to close on the Property and participate in its funding is contingent
upon the City’s acceptance of the terms of the Lippincott Agreement, Lease, Sublease, this
Agreement, and all documents and exhibits referenced in these four documents. In the event that
such approval and acceptance has not been obtained before closing, this Agreement shall
terminate, and all sums paid hereunder by City to Seller shall be returned to City.
CLOSING
14.Unless postponed pursuant to the provisions of the Lippincott Agreement or this
Agreement, the Closing Date shall take place by December 31, 2018 in the office of the Title
Company (as defined in the Lippincott Agreement).
14.1. On the Closing Date, the City shall:
a.Deliver to the County the fully executed Lippincott Agreement
which shall not be recorded by the County;
b.If the Lippincott Agreement is assigned to BMPA, deliver to the
County the fully executed assignment, Lease and Sublease executed
by the City and any other fully executed documents pertaining to the
transaction;
ATTACHMENT C
AGENDA ITEM 5 PAGE 15
c.Pay to the Seller the Down Payment (if applicable) and any
remaining balance of the Purchase Price.
14.2. On the Closing Date the County shall provide to the City, by certified or
other good funds, the County’s share of the Purchase Price, as set forth herein.
14.3. On the Closing Date, each Party agrees to provide:
a.All instruments, certificates, affidavits, and other documents
necessary to satisfy the Requirements listed on Schedule B-1 of the
Title Commitment;
b.Any other documents required by this Agreement to be delivered by
BMPA, the City, or the County to the Title Company; and
c.Their one-half share of any fees or charges associated with the
Property and closing costs and title fees.
PROPERTY MANAGEMENT
15.Prior to the Closing Date, the Parties shall work cooperatively to mutually develop
a joint interim management plan (“Interim Management Plan”) for the Property. The Interim
Management Plan will be consistent with the provisions of the City’s Charter and the County’s
Enabling Resolution and will address, in part, the rules, regulations, and policies governing interim
use of the Property. The Interim Management Plan shall also permit enforcement by City Ranger
staff consistent with City enforcement protocol; shall provide that the Property will be closed to
the public during the duration of the Interim Management Plan coverage; shall provide that the
Property will be restricted from surface and subsurface mineral development to every extent
possible; and may include agricultural leasing of the Property pursuant to the Lippincott
Agreement. If the Parties are unable to mutually agree on the terms of the Interim Management
Plan before Closing, this Agreement shall terminate, and all sums paid hereunder to the City shall
be returned to the County.
The Parties also agree to work cooperatively to mutually develop, within three years after
the Closing Date, a joint management plan (“Management Plan”) for the Property. Once executed
by both parties the Management Plan will supersede the Interim Management Plan and will be
consistent with the provisions of the City’s Charter and the County’s Enabling Resolution and will
address, in part, improvements, public access, natural resource protection, agricultural leasing and
the rules, regulations, and policies governing use of the Property and shall provide that the Property
will be restricted from surface and subsurface mineral development to every extent possible. The
Management Plan shall also permit enforcement by City Ranger staff consistent with City
enforcement protocol.
REAL ESTATE COMMISSION
ATTACHMENT C
AGENDA ITEM 5 PAGE 16
16.The City and the County represent to each other that neither is a party to a contract
which requires the payment of any real estate commission upon sale of a fee simple interest in the
Property to the County.
ASSIGNMENT
17.The County shall not assign its rights and obligations hereunder unless the City first
consents thereto in writing. The City may assign its rights and obligations in the Lippincott
Agreement to BMPA. The City and the County agree that they may not otherwise convey, transfer
or assign their respective interests in the Property without the approval of the governing bodies of
County and the City.
AGREEMENT TO SURVIVE CLOSING
18.The Parties hereto agree that, except for such of the terms, conditions, covenants
and agreements hereof which are, by their very nature fully and completely performed upon the
closing of the purchase-sale transactions herein provided for, all of the terms, conditions,
representations, warranties, covenants and agreements herein set forth and contained shall survive
the closing of any purchase-sale transaction herein provided for and shall continue after said
closing to be binding upon and inure to the benefit of the Parties, their successors and assigns.
ENTIRE AGREEMENT
19.This Agreement, including exhibits, contains the entire contract, understanding,
and agreement between the Parties and supersedes all prior understandings, warranties,
representations, letters of intent, all of which are by execution hereof rendered null and void;
provided however that the terms of this Agreement shall remain subject at all times to the final
terms of the Sublease.
AMENDMENT TO AGREEMENT
20.No modification, change, or alteration of this Agreement shall be of any force or
effect unless in writing and signed by both Parties.
COOPERATIVE EFFORT
21.The Parties’ joint purchase, improvement, operation, and management of the
Property is a cooperative effort whose success requires a continuing good-faith effort by the
Parties. The Parties agree to work cooperatively and diligently to achieve their common
objectives and to coordinate their efforts as much as reasonably possible including, without
limitation, by performing, or causing to be performed, such further acts as may be reasonably
necessary to consummate the transactions contemplated herein.
NOTICE
ATTACHMENT C
AGENDA ITEM 5 PAGE 17
22.“Key Notices” under this Agreement are notices regarding any Agreement default,
contractual dispute, or termination. Key Notices shall be given in writing and shall be deemed
received if given by: (i) confirmed electronic transmission (as defined Paragraph 23 below) when
transmitted, if transmitted on a business day and during normal business hours of the recipient,
and otherwise on the next business day following transmission; (ii) certified mail, return receipt
requested, postage prepaid, three (3) business days after being deposited in the United States mail;
or (iii) overnight carrier service or personal delivery, when received. For Key Notices, the Parties
will follow up any electronic transmission with a hard copy of the communication by the means
described in this Section. All other communications or notices between the Parties that are not
Key Notices may be done via electronic transmission. Notice shall be given to the Parties at the
following addresses:
To City:
Email:
With copy to:
Email:
To County:
Email:
With copy to:
Email:
23.The Parties agree that: (i) any notice or communication transmitted by electronic
transmission shall be treated in all manner and respects as an original written document; (ii) any
such notice or communication shall be considered to have the same binding and legal effect as an
original document; and (iii) at the request of either Party, any such notice or communication shall
be re-delivered or re-executed, as appropriate, by the Party in its original form.
GOVERNING LAW
24.The validity and effect of this Agreement shall be determined in accordance with
the laws of the State of Colorado.
ATTACHMENT C
AGENDA ITEM 5 PAGE 18
COLORADO GOVERNMENTAL IMMUNITY ACT
25.By entering into this Agreement neither Party is waiving or limiting any rights
or protections from liability provided by the Colorado Governmental Immunity Act, Section
24-10-101, et seq., other statutes, constitutional provisions, or common law.
NO EMPLOYMENT RELATIONSHIP
26.By entering into and performing under this Agreement, neither Party is acting as an
agent, servant, or employee of the other Party.
DEFAULT
27.In the event either Party breaches any of the provisions of this Agreement, the other
Party may bring an action for damages or any other remedy which may be allowed by law. Prior
to bringing such an action, written notice shall be provided allowing the breaching Party thirty (30)
days to cure said breach. In addition, the non-breaching Party may withhold further compliance
with this Agreement on its part until the breach is cured.
COUNTERPARTS
28.This Agreement may be executed in any number of counterparts, each of which
shall be deemed an original, and all of which shall constitute one and the same agreement.
Electronic signatures shall be acceptable to and binding upon Parties.
RECORDING
29.This Agreement shall be recorded in the office of the Clerk and Recorder of Boulder
County, Colorado and in the office of the Clerk and Recorder of Jefferson County, Colorado.
SEVERABILITY
30.If any part of this Agreement is found, decreed or held to be void or unenforceable,
such finding, decree or holding shall not affect the other remaining provisions of this Agreement
which shall remain in full force and effect.
APPROPRIATION OF FUNDS
31.The financial obligations of the Parties payable after the current fiscal year are
contingent upon funds for that purpose being appropriated, budgeted and otherwise made
available. The Parties intend to contract in the Lease and Sublease for the acquisition of real
property rights as therein described and have reason to believe that sufficient funds will be
available for the full term of the Lease and Sublease. However, the Lease and Sublease shall remain
ATTACHMENT C
AGENDA ITEM 5 PAGE 19
at all times subject to the annual appropriation of funds for payment of Base Rentals and the
Sublease Rentals.
ENFORCEMENT OF AGREEMENT
32.The enforcement of this Agreement and all rights of action relating to such
enforcement, are reserved to the Parties. Nothing contained in this Agreement shall give or allow
any claim or right of action by any third party. The Parties intend that any person or entity other
than the Parties be deemed an incidental beneficiary only.
EFFECTIVE DATE
33.Subject to the conditions set forth in Sections 12 and 13, above, this Agreement
shall be effective upon full execution by the Parties.
[Remainder of page intentionally left blank]
ATTACHMENT C
AGENDA ITEM 5 PAGE 20
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date set
forth above.
COUNTY OF JEFFERSON, STATE OF
COLORADO, a body politic and corporate
By:
, Chair
State of Colorado
County of Jefferson
The foregoing instrument was acknowledged before me this ___ day of __________, 20___
by________, Chair, of the Board of County Commissioners of the County of Jefferson, State
of Colorado.
(Notary official signature) NOTARY
S E A L
(Commission expiration)
APPROVED AS TO FORM:
_________________________________________
Steven L. Snyder
Senior Assistant County Attorney
ATTACHMENT C
AGENDA ITEM 5 PAGE 21
CITY OF BOULDER,
a Colorado home rule City
By: ______________________________
Jane S. Brautigam, City Manager
Attest:
___________________________________
City Clerk
Approved as to form:
____________________________________
City Attorney
ATTACHMENT C
AGENDA ITEM 5 PAGE 22
EXHIBIT A
Legal Description
That certain real estate situated in the County of Boulder and County of Jefferson, State of
Colorado, and legally described as:
ATTACHMENT C
AGENDA ITEM 5 PAGE 23
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AGENDA ITEM 5 PAGE 24
CITY OF BOULDER
2016-2023 PROPOSED BUDGET
OPEN SPACE FUND
3/28/2017
2017 2018 2019 2020 2021 2022 2023 2024
Actuals Approved Recommended Projected Projected Projected Projected Projected
Beginning Fund Balance 42,674,844$ 40,624,442$ 14,497,645$ 15,693,697$ 13,042,871$ 11,455,812$ 10,672,613$ 10,700,230$
Sources of Funds
Net Sales Tax Revenue 29,766,020$ 29,135,223$ 25,728,383$ 20,992,284$ 21,272,691$ 21,601,090$ 21,935,541$ 22,276,158$
Anticipated FEMA Flood Reimbursement 1,725,750 1,531,329 1,500,000 - - - - -
Investment Income 330,048 335,362 342,405 348,191 354,076 360,060 366,145 372,332
Lease and Miscellaneous Revenue 922,147 1,063,899 1,095,816 1,128,690 1,162,551 1,197,428 1,233,351 1,270,351
Voice & Sight Tag Program Revenue 127,000 127,000 127,000 127,000 127,000 127,000 127,000 127,000
General Fund Transfer 1,209,590 1,138,820 1,138,820 - - - - -
Grants - - - - - - - -
Total Sources of Funds 34,080,556$ 33,331,633$ 29,932,424$ 22,596,166$ 22,916,318$ 23,285,577$ 23,662,036$ 24,045,841$
Uses of Funds
General Operating Expenditures -$ -$
Office of the Director 1,775,410 2,019,237 1,731,423 1,529,846 1,545,145 1,560,596 1,576,202 1,591,964
Central Services 2,812,917 2,892,094 2,571,015 2,546,725 2,572,192 2,597,914 2,573,893 2,599,632
Community Connections & Partnerships 4,168,196 4,539,253 4,371,032 4,364,742 4,214,390 4,110,332 4,039,209 3,976,148
Resources & Stewardship 4,195,052 4,438,798 4,333,186 4,249,590 4,292,085 4,223,006 4,265,236 4,307,889
Trails & Facilities 4,564,736 4,703,173 5,315,205 5,318,357 4,656,540 4,703,106 4,750,137 4,797,638
Carryover/ATB Operating - 5,287,331 - - - - - -
Cost Allocation 1,903,344 1,960,444 2,090,102 2,142,355 2,195,913 2,250,811 2,307,082 2,422,436
CIP- Capital Enhancement 6,360,358 3,050,000 180,000 180,000 180,000 180,000 180,000 180,000
CIP- Capital Maintenance 1,492,126 1,057,300 2,770,000 1,570,000 1,570,000 1,270,000 1,270,000 1,270,000
CIP- Capital Planning Studies 98,028 100,000 130,000 130,000 130,000 130,000 130,000 130,000
CIP- New Facility/Infrastructure --- ---
CIP- Land Acquisition 3,296,111 24,172,485 1,900,000 1,900,000 1,900,000 1,800,000 1,300,000 1,300,000
Lippincott Ranch 7,750,000
Other 2018 Approved Acquisition Expense 16,256,675
Remaining Land Acquisition Capital Available 165,810
Transfer to BMPA 1,002,209 767,597 663,022 663,022 593,655 593,655 593,655 -
Debt Service - Bonds & Notes 4,462,469 4,470,719 2,681,388 652,356 653,456 649,356 649,006 648,431
Total Uses of Funds 36,130,957$ 59,458,430$ 28,736,372$ 25,246,992$ 24,503,376$ 24,068,776$ 23,634,419$ 23,224,137$
Ending Fund Balance Before Reserves 40,624,443$ 14,497,645$ 15,693,697$ 13,042,871$ 11,455,812$ 10,672,613$ 10,700,230$ 11,521,934$
Reserves
OSBT Contingency Reserve 4,976,867$ 5,158,263$ 4,751,274$ 4,293,398$ 4,144,675$ 3,723,980$ 3,735,795$ 4,068,827$
OSMP Campus Vision 3,000,000 3,000,000 4,000,000 4,200,000 4,200,000 4,200,000 4,200,000 4,500,000
Pay Period 27 Reserve 330,119 354,440 378,762 403,083 427,404 451,726 476,047 500,368
Sick/Vacation/Bonus Reserve 490,000 490,000 490,000 490,000 490,000 490,000 490,000 490,000
Property and Casualty Reserve 400,000 400,000 400,000 400,000 400,000 400,000 400,000 400,000
FEMA De-obligation Reserve 227,445 377,945 383,488 383,488 383,488 383,488 383,488 383,488
Total Reserves 9,424,431$ 9,780,648$ 10,403,524$ 10,169,969$ 10,045,567$ 9,649,194$ 9,685,330$ 10,342,683$
Ending Fund Balance After Reserves 31,200,012$ 4,716,997$ 5,290,172$ 2,872,901$ 1,410,245$ 1,023,419$ 1,014,900$ 1,179,251$
Revenue projections 97.56%97.80%89.80%75.49%101.42%101.61%103.11%103.11%
OPEN SPACE AND MOUNTAIN PARKS
ATTACHMENT D-1
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CITY OF BOULDER
2016-2023 PROPOSED BUDGET
OPEN SPACE FUND
3/28/2017
2017 2018 2019 2020 2021 2022 2023 2024
Actuals Approved Recommended Projected Projected Projected Projected Projected
Beginning Fund Balance 42,674,844$ 40,624,442$ 14,497,645$ 15,693,697$ 13,042,871$ 11,455,813$ 10,672,614$ 10,700,231$
Sources of Funds
Net Sales Tax Revenue 29,766,020$ 29,135,223$ 25,728,383$ 20,992,284$ 21,272,691$ 21,601,090$ 21,935,541$ 22,276,158$
Anticipated FEMA Flood Reimbursement 1,725,750 1,531,329 1,500,000 - - - - -
Investment Income 330,048 335,362 342,405 348,191 354,076 360,060 366,145 372,332
Lease and Miscellaneous Revenue 922,147 1,063,899 1,095,816 1,128,690 1,162,551 1,197,428 1,233,351 1,270,351
Voice & Sight Tag Program Revenue 127,000 127,000 127,000 127,000 127,000 127,000 127,000 127,000
General Fund Transfer 1,209,590 1,138,820 1,138,820 - - - - -
Grants - - - - - - - -
Total Sources of Funds 34,080,556$ 33,331,633$ 29,932,424$ 22,596,166$ 22,916,318$ 23,285,577$ 23,662,036$ 24,045,841$
Uses of Funds
General Operating Expenditures -$ -$
Office of the Director 1,775,410 2,019,237 1,731,423 1,529,846 1,545,145 1,560,596 1,576,202 1,591,964
Central Services 2,812,917 2,892,094 2,571,015 2,546,725 2,572,192 2,597,914 2,573,893 2,599,632
Community Connections & Partnerships 4,168,196 4,539,253 4,371,032 4,364,742 4,214,390 4,110,332 4,039,209 3,976,148
Resources & Stewardship 4,195,052 4,438,798 4,333,186 4,249,590 4,292,085 4,223,006 4,265,236 4,307,889
Trails & Facilities 4,564,736 4,703,173 5,315,205 5,318,357 4,656,540 4,703,106 4,750,137 4,797,638
Carryover/ATB Operating - 5,287,331 - - - - - -
Cost Allocation 1,903,344 1,960,444 2,090,102 2,142,355 2,195,913 2,250,811 2,307,082 2,422,436
CIP- Capital Enhancement 6,360,358 3,050,000 180,000 180,000 180,000 180,000 180,000 180,000
CIP- Capital Maintenance 1,492,126 1,057,300 2,770,000 1,570,000 1,570,000 1,270,000 1,270,000 1,270,000
CIP- Capital Planning Studies 98,028 100,000 130,000 130,000 130,000 130,000 130,000 130,000
CIP- New Facility/Infrastructure --- ---
CIP- Land Acquisition 3,296,111 24,172,485 1,653,736 1,653,736 1,653,736 1,553,736 1,053,736 1,053,736
Lippincott Ranch 375,000
Other 2018 Approved Acquisition Expense 16,256,675
Remaining Land Acquisition Capital Available 7,540,810
Transfer to BMPA 1,002,209 767,597 909,286 909,286 839,919 839,919 839,919 246,264
Debt Service - Bonds & Notes 4,462,469 4,470,719 2,681,388 652,356 653,456 649,356 649,006 648,431
Total Uses of Funds 36,130,957$ 59,458,430$ 28,736,371$ 25,246,991$ 24,503,376$ 24,068,776$ 23,634,419$ 23,224,137$
Ending Fund Balance Before Reserves 40,624,443$ 14,497,645$ 15,693,697$ 13,042,871$ 11,455,813$ 10,672,614$ 10,700,231$ 11,521,936$
Reserves
OSBT Contingency Reserve 4,976,867$ 5,158,263$ 4,800,527$ 4,342,651$ 4,193,928$ 3,558,957$ 3,570,116$ 4,118,080$
OSMP Campus Vision 3,000,000 3,000,000 4,000,000 4,200,000 4,200,000 4,200,000 4,200,000 4,500,000
Pay Period 27 Reserve 330,119 354,440 378,762 403,083 427,404 451,726 476,047 500,368
Sick/Vacation/Bonus Reserve 490,000 490,000 490,000 490,000 490,000 490,000 490,000 490,000
Property and Casualty Reserve 400,000 400,000 400,000 400,000 400,000 400,000 400,000 400,000
FEMA De-obligation Reserve 227,445 377,945 383,488 383,488 383,488 383,488 383,488 383,488
Total Reserves 9,424,431$ 9,780,648$ 10,452,777$ 10,219,222$ 10,094,820$ 9,484,171$ 9,519,651$ 10,391,936$
Ending Fund Balance After Reserves 31,200,012$ 4,716,997$ 5,240,920$ 2,823,649$ 1,360,993$ 1,188,443$ 1,180,580$ 1,129,999$
Revenue projections 97.56%97.80%89.80%75.49%101.42%101.61%103.11%103.11%
OPEN SPACE AND MOUNTAIN PARKS
ATTACHMENT D-2
MEMORANDUM
TO: Open Space Board of Trustees
FROM: Dan Burke, Interim Director, Open Space and Mountain Parks
DATE: June 13, 2018
SUBJECT: Greenways Advisory Committee (GAC) Items
________________________________________________________________________
The following memos are being brought before the Open Space Board of Trustees (OSBT) as
a “Matter from the Board” to inform discussion about the 2019-2024 Greenways Capital
Improvement Program (CIP) and Boulder Creek Arapahoe Underpass Art Project (Arapahoe
Underpass Art project) at Boulder Creek and Arapahoe Avenue. This process approach and
these packet materials are consistent with other boards with Greenways Advisory Committee
liaisons.
No formal OSBT action is requested and results of the discussion will be taken to the GAC by
Andria Bilich, the OSBT GAC liaison.
AGENDA ITEM 6A PAGE 1
This page is intentionally left blank.
AGENDA ITEM 6A PAGE 2
C I T Y O F B O U L D E R
INFORMATION ITEM FOR:
ENVIRONMENTAL ADVISORY BOARD – June 6, 2018
TRANSPORTATION ADVISORY BOARD – June 11, 2018
OPEN SPACE BOARD OF TRUSTEES – June 13, 2018
PLANNING BOARD – June 14, 2018
WATER RESOURCES ADVISORY BOARD – June 18, 2018
PARKS AND RECREATION ADVISORY BOARD – June 25, 2018
GREENWAYS ADVISORY COMMITTEE AGENDA ITEM
MEETING DATE: June 28, 2018
SUBJECT:
2019-2024 Greenways Capital Improvement Program
REQUESTING DEPARTMENT:
Christin Shepherd – Civil Engineer II
PURPOSE: The 2019-2024 Greenways Capital Improvement Program is being provided to
board members as an information item. If you have any comments or concerns regarding the
2019-2024 Greenways Capital Improvement Program, please pass them along to your
Greenways Advisory Committee representative. If you have questions on this material, please
contact Christin Shepherd at 303-441-1889 or shepherdc2@bouldercolorado.gov
GREENWAYS ADVISORY COMMITTEE ACTION REQUESTED:
A recommendation from the Greenways Advisory Committee to the Planning Board and City
Council concerning the proposed Greenways Capital Improvement Program is requested.
Attached is information concerning the proposed 2019-2024 Greenways Capital Improvement
Program (CIP) for review and consideration. A recommendation by the Greenways Advisory
Committee to Planning Board and City Council will be requested at the June GAC meeting.
Attachment A: Greenways 2019-2024 Capital Improvement Program Overview
Attachment B: Potential Restoration, Water Quality & Trail Improvement Projects
Attachment C: 2019-2024 Capital Improvement Program Summary Spreadsheet
Attachment D: Greenways CIP & Proposed Project Map
AGENDA ITEM 6A PAGE 3
GREENWAYS 2019-2024 CIP Departmental Overview
Overview of Department Mission
The City of Boulder Greenways System is comprised of a series of corridors along riparian areas
including Boulder Creek and its 14 tributaries, which provide an opportunity to integrate
multiple objectives, including habitat protection, water quality enhancement, storm drainage
and floodplain management, alternative transportation routes for pedestrians and bicyclists,
recreation and cultural resources.
The Greenways CIP follows an opportunistic approach, contributing funding toward projects that
are being completed by other departments or private development to meet the various
objectives of the Greenways Program. The Greenways CIP also looks to leverage funds with
outside agencies to move projects forward that meet more than one objective of the Greenways
Program but may not be the highest priority when evaluating any one particular objective.
Projects included in the Greenways CIP are typically called out in the Greenways Master Plan and
are projects that Greenways staff can take the lead in coordinating.
Funding Overview
The 2019 annual funding distribution for the Greenways capital program is as follows:
Transportation Fund $97,500
Stormwater & Flood Management Utility Fund $97,500
Lottery Fund $151,067
The total 2018 Greenways capital budget is $346,067, with an additional $105,000 in the
operating budget. Historically, the Lottery contribution to the Greenways Program has been
$150,000 per year. However, the Lottery contribution is now calculated as 15-percent of the
total Lottery funds allotted to the city and will change each year. The 2018 Lottery fund amount
was used for the 2019-2024 CIP.
The Lottery Fund is based on proceeds from the Conservation Trust Fund that is distributed by
the State of Colorado on a per capita basis to local governmental entities. Funding can be used
for the acquisition, development and maintenance of new conservation sites and capital
improvements for recreational purposes.
Current Focus for Capital Planning and Projects in 2019
The focus of the Greenways CIP in 2019-2020 is on flood mitigation, bicycle and pedestrian
multi-use paths and underpasses, and habitat and water quality improvements along the
Attachment A
AGENDA ITEM 6A PAGE 4
Fourmile Canyon Creek corridor. These improvements are also being coordinated with the
development of the Violet Park site. The Greenways program has also secured additional funding
through the city’s capital tax program to help fund this project.
In 2021-2024, funding for these types of improvements is shown for Skunk, Twomile Canyon and
Goose Creek in anticipation of future major drainageway improvements along this corridor. For
more information about the timing and details of these projects, please see the Utilities -
Stormwater/Flood web page: https://bouldercolorado.gov/flood/creek-projects
In addition, a list of potential restoration, water quality and trail improvement projects that
meet more than one Greenways objective during the next few years are included as Attachment
B.See Attachment D for a map of these potential projects.
Recent Accomplishments
-The Wonderland Creek project construction began in January 2016. The project extends
from Foothills Parkway in the south to Winding Trail Drive in the north. The project
includes 100-year channel improvements, three new underpasses and replanting 1,884
trees and shrubs. The Wonderland Project is now over 90 percent complete and
anticipated to be at final completion in summer of 2018
2019 Capital Projects
-Fourmile Canyon Creek: multi-use path, development of Violet Park, and increase flood
conveyance capacity. Project is a collaborative effort with flood mitigation,
transportation, and parks.
-See Attachment C for projects in the 2019-2024 CIP and Attachment D for a map of
project locations.
Operating and Maintenance Impacts
$105,000 is budgeted each year for Greenways operations and maintenance. $80,000 of the
operating budget is dedicated to habitat maintenance. The Greenways habitat crew works
closely with Parks and Open Space maintenance staff to provide on-going maintenance, as well
as on collaborative projects as part of the operations budget. Major drainageway improvements
are maintained by the flood maintenance staff and multi-use paths and underpasses are
maintained by either Transportation or Parks maintenance, depending upon jurisdiction.
Unfunded Projects and Emerging Needs
Since the Greenways Program is opportunistic, taking advantage of projects that are funded
through other departments, there are no unfunded needs.
AGENDA ITEM 6A PAGE 5
Attachment B: Potential Restoration, Water Quality & Trail Improvement Projects
Map ID Name of Project
Funding from
more than 1
source
Protects and/or
Restores Habitat
Enhances Water
Quality
Mitigates Flood
Risk
Improves Storm
Drainage
Provides
pedestrian/bicycle
transportation
route
Provides
Recreation
Opportunities
Preserves Cultural
Resources
A Pedestrian Bridge at Linden & Twomile Canyon Creek x x x
B Underpass at Arapahoe & Boulder Creek x x x x
C Multi-Use Path at Airport Road & Valmont Park x x x
D Underpass at 26th St & Fourmile Canyon Creek x x x
E Underpass at Foothills & Colorado x x x
F Underpass at Broadway & Fourmile Canyon Creek x x x
G Removal of EAB at Boulder Creek x x x
H Park Improvements at Howard Hueston Park & Wonderland Creek x x x
I Restoration Foothills to Valmont at Boulder Creek x x
J Park Construction at Violet Park & Fourmile Canyon Creek x x x x x
K Pedestrian Bridge at East Boulder Rec Center x x x
L Pedestrian Bridge & 800' of Creek Restoration at Fourmile Canyon Creek x x x x
M Park Construction at 744 University & Gregory Canyon Creek x x x
N Restoration at Boulder Junction & Goose Creek x x x x x x
Greenways Objectives
AGENDA ITEM 6A PAGE 6
Attachment C: 2019-2024 Capital Improvement Program Summary Spreadsheet
Carry Over $
From Previous
Years
2018 Lottery
610SW63100
2018 Flood
610SW63000
2018 Trans
310TR630OC 2018 Budget
2018 Budget
+
Carry Overs 2019 2020 2021 2022 2023 2024
1 Wonderland Foothills-28th 914,467$ -$ -$ -$ -$ 914,467$
2 Fourmile 19th-22nd 718,828$ -$ -$ -$ -$ 718,828$
3 Skunk/Twomile/Goose Creeks -$ -$ -$ -$ -$ 300,000$ 300,000$ 300,000$ 300,000$
4 Fourmile Upland to Violet 540,800$ 129,600$ 85,200$ 85,200$ 300,000$ 840,800$ 300,000$ 300,000$
Goose Creek Restoration 152,399$
2017 ATB Additional Lottery Funds 46,568$
2018 ATB Goose Creek project refund 23,000$
5 *Restoration, Water Quality & Trail Improvements 125,708$ 21,467$ 12,300$ 12,300$ 46,067$ 393,742$ 46,067$ 46,067$ 46,067$ 46,067$ 46,067$ 46,067$
Total 2,498,770$ 151,067$ 97,500$ 97,500$ 369,067$ 2,867,837$ 346,067$ 346,067$ 346,067$ 346,067$ 346,067$ 346,067$
2019-2024 Greenways CIP2018 Greenways Budget
Projected Funding based on $151,067 Lottery Fund
Projects and Map ID
AGENDA ITEM 6A PAGE 7
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Attachment D: Greenways CIP & Proposed Projects 2019-2024
AGENDA ITEM 6A PAGE 8
C I T Y O F B O U L D E R
INFORMATION ITEM FOR:
ENVIRONMENTAL ADVISORY BOARD – June 6, 2018
PLANNING BOARD – June 7, 2018
TRANSPORTATION ADVISORY BOARD – June 11, 2018
OPEN SPACE BOARD OF TRUSTEES – June 13, 2018
WATER RESOURCES ADVISORY BOARD – June 18, 2018
PARKS AND RECREATION ADVISORY BOARD – June 25, 2018
GREENWAYS ADVISORY COMMITTEE AGENDA ITEM
MEETING DATE: June 28, 2018
SUBJECT:
Boulder Creek Arapahoe Underpass Art Project (Arapahoe Underpass Art project) at Boulder
Creek and Arapahoe Avenue
REQUESTING DEPARTMENT:
Mandy Vink – Public Art Administrator, Library and Arts Department
Edward Stafford – Development Review Manager, Public Works
Alysha Geiger – Civil Engineer I Development Review, Public Works
PURPOSE: The Arapahoe Underpass Art Project has requested a variance to BRC 9-3-9 to
allow lighting of a protected waterway. While this variance is a staff level decision we are
seeking input on this request from the various boards through the GAC. It is requested that
each board/committee review this full report and forward any comments or concerns
regarding t to your Greenways Advisory Committee representative for discussion at the June
28, 2018 GAC meeting. The project webpage is available at: https://boulderarts.org/public-
art/in-progress/arapahoe-underpass/
GREENWAYS ADVISORY COMMITTEE INPUT REQUESTED:
Input from the Greenways Advisory Committee to staff concerning the request for a a
variance to section 9-3-9 of the Boulder Revised Code, 1981, to allow for the Arapahoe
Underpass Art project is requested. Pending GAC input, the project team will make a
decision to move forward, or not, with a formal application for a wetland variance for the art
project.
The Boulder Creek Arapahoe Underpass Project was previously reviewed by the GAC as a part
of the Community and Environmental Assessment Process (CEAP) on May 11, 2017. After the
CEAP the public art component of the project was selected using the city’s Policy on Acquisition
and Maintenance of Public Art.
Attached is information on a requested variance to the city’s Stream. Wetlands and Water Body
Protection code. Input on this item by the Greenways Advisory Committee is being sought prior
to staff providing a decision on the variance request.
Attachment A: Input Request from the Boulder Creek Arapahoe Underpass Art project,
summarizing the proposed project, the applicable wetland code and the requested variance from
the code.
AGENDA ITEM 6A PAGE 9
Attachment B: Additional information about the public art project and the selection process
provided by the office of Arts and Culture
AGENDA ITEM 6A PAGE 10
Attachment A
Input Request from the Boulder Creek Arapahoe Underpass Art project, summarizing the proposed
project, the applicable wetland code and the requested variance from the code.
This report documents the request for input from the Greenways Advisory Committee (GAC)
regarding a variance to section 9-3-9(c)(3) Table 3-1 21. of the Boulder Revised Code, 1981
(BRC), which prohibits new lighting in the wetland, stream or water body zone (high and low
functioning). As provided in Attachment B, the Office of Arts and Culture initiated the
commissioning of a new piece of public art for the Arapahoe Underpass along the Boulder Creek
Path in 2017. The project is proposing to design and install a “caustic reflection” light installation
that utilizes utilizing low temperature and low color temperature LED’s to reflect light patterns
onto the ceiling and walls of the underpass.
Boulder Creek is a large wetland defined primarily by the bankfull width of the stream. In its
upper reaches, it is dominated by plains cottonwood in the forest overstory, giving way to the alien
crack willow in the lower reaches. The streambanks are generally well protected by the roots or
trees and shrubs. The presence of perennial water, dense stream-side vegetation, and its length
provides abundant habitats for aquatic and terrestrial wildlife. Boulder Creek is heavily used for
recreational activities, including fishing, wading, and tubing.
Wetlands play important roles in supporting water supply, maintaining water quality, and
supporting plants, animals, and ecosystems. Wetlands store floodwaters and they supply water to
both aquifers and streams. Wetlands store and/or transform nitrogen, phosphorous, sediment, and
other contaminants. Vegetation in wetlands prevents erosion and further degradation of water
quality. Wetlands also provide important habitat for plants, wildlife, and other animals, and they
are a vital part of many food chains. Wetland benefits are often degraded by the pressures of
development and land management practices that result in stresses such as increased paving,
introduction of invasive species, and urban runoff. When wetland functions are lost, cities and
taxpayers are left to bear the costs -- including increased water treatment, flood control, erosion
control, weed control, and diminished water supplies. Therefore, federal, state, and local
governments have recognized the need to protect and mitigate for loss of wetland resources. The
legislative intent of Stream, Wetlands, and Water Body Protection code, section 9-3-9(a) of the
BRC, is as follows:
(1)It is the intent of the city council in enacting this section to preserve, protect, restore, and
enhance the quality and diversity of wetlands and water bodies. The council finds that
streams, wetlands, and water bodies are indispensable and fragile natural resources with
significant development constraints due to high groundwater, flooding, erosion, and soil
limitations and that development activities may threaten these resources. The
preservation of streams, wetlands, and water bodies under this section is consistent with
the goal of wetland protection set forth in the Boulder Valley Comprehensive Plan.
(2)The city council finds that many streams, wetlands, and water bodies have been either
lost or impaired by draining, dredging, filling, excavating, building, channelizing,
polluting, and other acts. Piecemeal and cumulative losses destroy or diminish the
functions of the remaining streams, wetlands, and water bodies.
(3)The city council finds that it is necessary for the city to ensure protection by discouraging
development activities in streams, wetlands, and water bodies and those activities at
AGENDA ITEM 6A PAGE 11
adjacent sites that may adversely affect the visibility and functional values of these
resources.
(4)The city council finds that it is necessary to ensure no net loss of wetlands, by encouraging
avoidance of direct or indirect impacts from activities that destroy or diminish the
quantity, quality, and biological diversity of the city's water resources and adjacent
buffers.
(5)The city council acknowledges that much of the city was developed prior to awareness of
the value of protecting streams, wetlands, and water bodies. The city council seeks to find
a reasonable balance between the property owners' desire to make reasonable uses of
their properties and the public's interest in preserving and protecting these important
water resources. When the destruction or diminution in function of these resources cannot
be avoided, the city council finds that impacts on streams, wetlands, and water bodies
should be minimized and mitigation provided for unavoidable losses.
(6)Nothing in this section shall be construed to prevent irrigation companies from altering
water levels through the diverting, storage, or delivery of water under their historic water
rights or owners of such rights from exercising those historic rights.
(7)Nothing in this section shall be construed to prevent compliance with applicable state or
federal statutes and regulations.
(8)It is not the intent of this section to prohibit all activities within the regulated area, but
rather to encourage avoidance and minimization of regulated activities within the
regulated area to mitigate the impact that these activities have on streams, wetlands, and
water bodies.
As shown in Figure 1 the proposed project is located in the high functioning wetland area of
Boulder Creek. Lighting for the Boulder Creek – Arapahoe and 13th Underpass Transportation
CIP project is being provided for the path and is located in the inner/outer high functioning wetland
buffer areas, which is exempt from the need of a wetland permit. This project is specifically an
art project and is not for the purpose of providing lighting for the multi -use path adjacent to the
creek.
AGENDA ITEM 6A PAGE 12
Figure 1 Arapahoe Avenue & Boulder Creek Wetland Limits
Based on the information provided in this report the staff is seeking input from the GAC on
whether or not the Arapahoe Underpass Art Project meets the intent of the variance criteria in
section 9-3-9(m)(4) of the BRC which states:
For publicly funded projects, a variance may be issued if the city manager finds that the project
is in the community interest and part of an approved master plan or capital improvements
program.
The underpass project is a part of the city’s capital improvement program and public art is part of
the Community Cultural Plan that was adopted on November 17, 2015.
Key Issues:
•Is the public art project in the community interest as stated in the variance criteria?
•Should a variance be issued to allow for lighting of the creek when BRC 9-3-9(c)(3) Table
3-1 21 prohibits new lighting?
AGENDA ITEM 6A PAGE 13
Attachment B
City of Boulder Office of Arts + Culture
Library & Arts Department
www.boulderarts.org
MEMORANDUM
To: Greenways Advisory Committee
From: Mandy Vink, Public Art Administrator
CC: Bryant Gonsalves, Boulder Creek Path Underpass Project Manager
Matt Chasansky, Office of Arts and Culture Manager
Date: May 3, 2018
Regarding: Wetlands Variance at Boulder Creek Path Underpass: Arapahoe and 13th Public
Art Project
Executive Summary
In 2017, the Office of Arts and Culture initiated the commissioning of a new piece of public art for the
Arapahoe Underpass along the Boulder Creek Path. This project was one of the first to be run through
the updated Boulder Policy on Acquisition and Maintenance of Public Art by the City (Policy)1. As
defined in the Policy’s purpose, commissioning of public art is one of many of the city’s goals: The City
will acquire works of art which encourage creativity, contribute to a sense of place, spark conversation,
tell our shared stories and capture our moment in time, foster the enjoyment of diverse works of art, and
are thoughtfully designed contributions to the urban environment of our vibrant city.
Stewarded through the selection process identified in the Policy, a Request for Qualifications was
distributed for artists. 181 applicants submitted their portfolios. The selection panel and technical
review committee (TRC) reviewed all applications and narrowed the group to request five proposals.
From those proposals, the selection panel made a unanimous recommendation for Michelle Sparks. The
project additionally received unanimous approval from the Boulder Arts Commission (Arts Commission)
in July 2017, with Michelle Sparks approved to move into contracting and project design by the City
Manager’s Office (CMO) on July 24, 2017.
Sparks has joined the Project Management Team (PMT) to integrate her concept of caustic reflections
into project design. As the project evolves from preliminary design to final design, we request review
and advisory recommendations from the Greenways Advisory Committee to support the feasibility of
this project, including a recommendation to the City Manager in regards to a wetlands variance for this
project.
Project Concept: Preliminary Design Summary
Michelle Sparks, inspired by the inherent beauty and access of the Boulder Creek, will design and install
a “caustic reflection” light installation that utilizes the inherent qualities of the creek flow to reflect light
1 City of Boulder: Policy on Acquisition and Maintenance of Public Art by the City (adopted December 2016;
updated March 2018), https://boulderarts.org/wp-content/uploads/2018/03/Final-Public-Art-Policy-
3.16.18.pdf?x64198
AGENDA ITEM 6A PAGE 14
patterns onto the ceiling and walls of the underpass. This concept’s execution will be subtle, while
undoubtedly tie users to place. Working with the design team, the artist will explore further aesthetic
treatments to the concrete retaining walls and creek path.
Lighting designs will be responsive to the environment, utilizing low temperature and low color
temperature LED’s. Additionally, the project’s run time will be synched with its natural environment
through an astronomical timer. Sparks’ project lighting will serve as a complement to the underpass’s
required functional lighting.
Sample image of naturally-occurring caustic reflections. The artist wishes to extend this effect through
lighting design:
Project Process Summary
•March 15, 2017: Arapahoe Underpass Project abstract included in 2017 Public Art
Implementation Plan and approved by Arts Commission and CMO
•April 10, 2017: Project orientation meeting; selection panel and TRC draft components of
Request for Qualifications (RFQ)/Call for Entry
•May 23, 2017: Review of 181 applicants; 5 artists invited for proposal
•June 26, 2017: Proposals reviewed by TRC for feasibility and comment
•July 10, 2017: Semifinalist presentations to selection panel and TRC; Michelle Sparks receives
unanimous vote by selection panel
•July 17, 2017: Project process presented to Arts Commission; approved unanimously
•July 24, 2017: Project memo completed by CMO to advance artist and concept into contracting
•September 20, 2017: Artist received fully executed contract, issued by the City
Attachments
•Attachment 1: CMO Memo – Michelle Sparks Approval
•Attachment 2: Arapahoe Underpass Public Art RFQ
AGENDA ITEM 6A PAGE 15
Attachment 1: CMO Memo – Michelle Sparks Approval
Attachment 2: Arapahoe Underpass Public Art RFQ
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