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05.10.23 MinutesApproved as amended 6-14-23 OPEN SPACE BOARD OF TRUSTEES Action Minutes Meeting Date May 10, 2023 Record of this meeting can be found here: https://bouldercolorado.gov/government/watch-board- meetings (video start times are listed below next to each agenda item). BOARD MEMBERS PRESENT Dave Kuntz Michelle Estrella Jon Carroll Brady Robinson STAFF MEMBERS PRESENT Dan Burke Jeff Haley Jennelle Freeston Lauren Kilcoyne Heather Swanson Brian Anacker Bethany Collins Cole Moffatt Ilene Flax Samantha McQueen Andy Pelster Tory Poulton Kacey French Sara Kramer Megan Grunewald Jake Cassidy Janet Michels Chandler Van Schaack GUESTS Marc Painter CALL TO ORDER The meeting was called to order at 6:00 p.m. AGENDA ITEM 1 – Approval of the Minutes (02:32) Michelle Estrella moved the Open Space Board of Trustees (OSBT) adopted the minutes from March 8, 2023 as amended. Jon Carroll seconded. This motion passed three to zero at the April 12 meeting; Brady Robinson abstained, and Caroline Miller was not present. Jon Carroll moved the Open Space Board of Trustees to adopt the minutes from April 12, 2023 as amended. Michelle Estrella seconded. This motion passed four to zero; Caroline Miller was not present. AGENDA ITEM 2 – Public Participation for Items not Identified for Public Hearing (5:50) Marc Rosenberg spoke regarding concerns of stewardship and adjacent construction planned at Sombrero Marsh. Open Space and Mountain Parks (OSMP) Director Dan Burke provided a verbal update on the history of water rights at Sombero Marsh and summarized staff monitoring and communications with City Council on the construction project. Dan confirmed that a written information item on Sombrero Marsh would be included in the June OSBT meeting packet. AGENDA ITEM 3 – Matters from the Board (18:26) Michelle Estrella thanked staff for the Written Information: Evaluation of Prairie Dog Management on OSMP Irrigated Agricultural Lands - Background and Current Status. Dan Burke provided details for the OSBT Field Trip May 18 that will meet at the OSMP HUB 2520 55th St at 3 PM and travel to several OSMP managed irrigated agricultural properties to understand issues with prairie dogs present. Michelle Estrella shared concerns regarding Caroline Miller’s pattern of absences from four meetings in the past six months and The Board discussed attendance expectations for Board Trustees at meetings and events. Dave Kuntz will follow up with all Board members and address any concerns through the process outlined in the OSBT Rules of Procedure. Brady Robinson shared that a bill was introduced to update the Colorado Recreational Use Statute and lost, and that there is a coalition of state and local nonprofit organizations working on another bill to update the statute that could have implications for access on OSMP. Dave Kuntz asked for information on the consultant working on the update of the Community Wildfire Protection Plan, and Dan Burke replied that a firm successfully applied and will confirm with staff to provide an update on whether that has been completed. Dave Kuntz addressed Board participation at the June 1 City Council meeting regarding E-bikes on Open Space Evaluation, where Michelle Estrella will provide the minority opinion report and Dave will provide the majority opinion and make the introductory comments to the City Council. AGENDA ITEM 4 – Consideration of a request from the Mary Beth Kent Family Trust and representatives to approve and recommend that City Council approve a permanent, nonexclusive sewer line easement across a portion of the City of Boulder’s Gebhard Open Space property for the installation, operation, maintenance, repair and replacement of a sanitary sewer connection to serve the proposed Peacock Place subdivision at 5691 S. Boulder Road pursuant to the disposal procedures of Article XII, Section 177 of the City of Boulder Charter. (35:14) Due to technical difficulties causing a delay to the presentation, Dan Burke provided verbal updates on the reopening of the bridge on the East Boulder Trail at White Rocks and the completion of the hiring process for 112 positions between the Junior Ranger trail crews and Youth Ranger crew out of 160 applicants. Real Estate Senior Manager Bethany Collins presented this item (43:02). The Board asked whether requesters typically offer a financial contribution as part of a disposal process, why the Greenbelt Meadows Homeowners Association rejected the easement, for explanation of the map showing the delineation of floodplains on the property and where the easement relates to the flood zones, whether the property was inundated by the 2013 flood, and whether the proponents would be responsible for fencing and providing OSMP use access if necessary. Public Comment: None. Board Discussion: The Board discussed removing the $5,000 contribution from the requesters package and suggest the Mary Beth Kent Family Trust instead make a separate donation to OSMP directly or through the Boulder Open Space Conservancy (BOSC). The Board expressed concerns that the property is in a delineated floodplain and therefore residents may ask for flood mitigation from OSMP in the future, that when the Board recommends approval of requests such as these that the benefits to OSMP should outweigh the impacts and consider whether a precedent is being set to seek an easement from OSMP when alternatives are costly or require more litigation. Motion: Jon Carroll moved the Open Space Board of Trustees approve and recommend that City Council approve the request for a permanent, nonexclusive sewer line easement across a portion of the City of Boulder’s Gebhard Open Space property for the installation, operation, maintenance, repair and replacement of a sanitary sewer connection to serve the proposed Peacock Place subdivision at 5691 S. Boulder Road pursuant to the disposal procedures of Article XII, Section 177 of the City of Boulder Charter and after the following conditions have been met: 1. Approved annexation and site review for the development of the 5691 S. Boulder Road property that would require such sewer line connection; 2. Updated Preble’s Meadow Jumping Mouse habitat assessment and consultation with the US Fish and Wildlife Service, with a “no effect” determination, to the satisfaction of OSMP staff; 3. Payment of $515 for the sewer line easement interest in the OSMP Property; 4. Conveyance of an access easement to the city from 55th Street across the 5691 S. Boulder Road property to the adjacent Gebhard Open Space property for limited non-public, utility, and open space construction and maintenance access; and 5. Contribution of $5,000 to OSMP’s Gebhard ISP Capital Improvement Project. Michelle Estrella seconded. This motion passed four to zero; Caroline Miller was not present. AGENDA ITEM 5 – Matters from the Department (1:26:17) Business Services Senior Manager Sam McQueen and Senior Accountant Cole Moffatt presented the Update on 2024 Budget: 2nd Touch. The Board asked for the distinction of capital enhancement within the Capital Improvement Project (CIP) funding, what the practical implications are for categorizing budget into CIP versus operating and where each category of unused funds go within the reserve funds, what methodology is used for attributing percentages of funding to each of the different Master Plan strategies, whether items in the operating budget receive less frequent scrutiny than those in CIP budget and where unspent funds from operating budget get reallocated, and how funds are either carried over or de-obligated. Deputy Director of Trails and Facilities Jeff Haley and Senior Landscape Architect Ilene Flax presented the Gebhard Site Plan Project Update. The Board asked whether the neighbors are still on board with the preferred alternative, whether the separated pedestrian only trail would be paved and where along the east trail it will be located, the reasoning for not allowing bicycles on the trail west of the creek or on the creek crossing, whether the South Boulder Road underpass is included in the Gebhard Site Plan Project and whether the swallows nests in the underpass will be removed, and the definition of “roughness and richness” within the context of the presentation. Director Dan Burke gave additional verbal updates on the OSBT Field Trip May 18 logistics and on upgrades to the hybrid technology at Council Chambers to support future OSBT meetings. ADJOURNMENT – The meeting adjourned at 8:44 p.m. These minutes were prepared by Megan Grunewald.