08.09.23 OSBT PacketOpen Space Board of Trustees
August 9, 2023
MEETING AGENDA
(Please note that times are approximate.)
I. (6:00) Approval of the Minutes from July 12, 2023
II. (6:10) Junior Rangers/Youth Rangers Program Update and Presentation (35 min)
III. (6:45) Public Comment for Items not Identified for Public Hearing
IV. (7:00) Matters from the Board
A. Comments/Questions from Trustees on Written Information memos or
public comment (10 min)
B. Appoint a 2-member OSBT Retreat Ad-hoc Subcommittee (10 min)
V. (7:20) * Request for approval and recommendation to City Council to approve an
amendment to the OSBT- and Council-approved use of certain City of Boulder
open space lands by the City of Boulder Innovation and Technology
Department to permit installation of subsurface conduits via open trenching
or boring as part of the City Council approved Community Broadband Project,
and also allow for possible placement of additional conduits to limit impacts
associated with potential future utility installation, pursuant to the disposal
procedures of Article XII, Section 177, of the City of Boulder Charter. (35 min)
VI. (7:55) Matters from the Department
A. Signs Program Overview and Flagstaff Gateway Sign Replacement (45
min)
B. Director Verbal Updates (10 min)
VII. (8:50) Adjourn
* Public Hearing
Written Information
A. Update on Seasonal Leash Restriction for the Protection of Bears
Open Space Board of
Trustees Members:
Dave Kuntz (2019-2024)
Michelle Estrella (2021-2026)
Jon Carroll (2022-2027)
Brady Robinson (2023-2028)
Open Space Board of Trustees
*TENTATIVE Board Items Calendar
(Updated July 31, 2023)
September 13, 2023 Date: TBD October 11, 2023
Matters from the Board:
• Swearing in of the new
Trustee (10 min)
• Trustee questions on
Written Memo items or
public comment (10 min)
• OSBT Retreat Update
from Subcommittee (15
min)
Action Items:
Matters from the Department:
• Marshall Mesa Trailhead
improvement project
update (35 min)
• Chautauqua Access
Management Plan (CAMP)
Update (40 min)
• Public Opinion and Visitor
Experience Survey
(POVES) Update (40 min)
• Director Verbal Updates (5
min)
OSBT Field Trip:
The focus of this fall field trip will be
to visit several large-scale
restoration sites along Lower
Boulder Creek where the board will
learn more about and discuss the
goals and objectives of these
restoration projects and the capacity,
investments and ongoing monitoring
and maintenance needed for
success.
Matters from the Board:
• Trustee questions on
Written Memo items or
public comment (10 min)
• OSBT Retreat Follow up
(15 min)
Action Items:
• Xcel Underground
Powerline easement
across Open Space
Request (35 min)
Matters from the Department:
• Community Wildfire
Protection Plan (CWPP)
Update (40 min)
• South Boulder Creek
Flood Mitigation Project:
60% Design update with a
focus on OSMP-related
items (90 min)
• Director Verbal Updates (5
min)
*All items are subject to change. A final version of the agenda is posted on the web during the week prior
to the OSBT meeting.
OPEN SPACE BOARD OF TRUSTEES
Action Minutes
Meeting Date July 12, 2023
2520 55th St, Boulder, CO 80301
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, Board Chair
Michelle Estrella, Board Vice-Chair
Jon Carroll
Brady Robinson
STAFF MEMBERS PRESENT
Dan Burke Jeff Haley Lauren Kilcoyne Heather Swanson Brian Anacker
Kacey French Juliet Bonnell Cole Moffatt Sam McQueen Megan Grunewald
Tory Poulton Eric Fairlee Bethany Collins Sara Kramer Dan Hammond
Kristofer Johnson
CALL TO ORDER
The meeting was called to order at 6:00 p.m.
AGENDA ITEM 1 – Approval of the Minutes (0:55)
Michelle Estrella moved the Open Space Board of Trustees (OSBT) to adopt the minutes from May 31,
2023. Brady Robinson seconded. This motion passed unanimously.
Brady Robinson moved the OSBT to adopt the minutes from June 14, 2023. Michelle Estrella seconded.
This motion passed unanimously.
AGENDA ITEM 2 – Public Participation for Items not Identified for Public Hearing (2:12)
Wendy Sweet, Executive Director of the Boulder Mountainbike Alliance spoke about the changes to e-
bike regulations.
Patricia Billig spoke on behalf of the Boulder County Audubon Society and as a previous Board member
about adaptive management guidelines.
Lynn Segal spoke about the removal of Caroline Miller as a Trustee.
After public comment closed, Director Dan Burke recognized the life and legacy of the first paid Mountain
Parks Ranger Dick Lyman who recently passed.
AGENDA ITEM 3 – Matters from the Board (22:50)
The Board had no questions or comments on the Written Information Items.
At the request of the Board, Dan Burke provided a verbal update on the process and timeline of the
appointment for the vacant position within OSBT.
AGENDA ITEM 4 – Public hearing and consideration of a motion recommending approval of the
proposed Open Space related land use changes to the Boulder Valley Comprehensive land use
map within the Boulder Junction Phase 2 area to the Planning Board and City Council (29:38)
Planning and Design Senior Manager Kacey French and Environmental Planner Juliet Bonnell presented
this item. The Board asked clarifying questions about the history of the scenic easement.
Public Comment:
Lynn Segal spoke.
Motion:
Jon Carroll moved the Open Space Board of Trustees to recommend to Planning Board and City
Council approval of the proposed Open Space land use designation changes within the Boulder
Junction Phase 2 area to the BVCP Land Use Map, including:
• Removal of the OS-O land use designation over and adjacent to the Boulder Left Hand and North
Boulder Farmer’s Ditches between the railroad tracks and Foothills Parkway north of Pearl
Parkway, and
• Correcting the land use designation of the New Pearl Street Industrial Park Scenic Easement
from Light Industrial (LI) to Open Space, Development Rights (or Restrictions) (OS-DR).
Michelle Estrella seconded. This motion passed unanimously.
AGENDA ITEM 5 – Review of and recommendation regarding the 2024 Open Space and Mountain
Parks Department Capital Improvement Program Budget, a portion of the 2024 Lottery Fund
Capital Improvement Program Budget, and 2024 Open Space and Mountain Parks Department
Operating Budget (54:16)
Senior Accountant Cole Moffatt and Business Services Senior Manager Sam McQueen presented this
item. The Board asked clarifying questions about the Capital Improvement Program (CIP) carryover line
item, the increases to and adjustment process for Full Time Equivalent (FTE) staff costs, resource cost
conversions and trends from temporary and seasonal to FTE staff, cost allocation, and the context for the
“environmentally sustainable” program designation.
Public Comment:
Lynn Segal spoke.
Return to the Board:
At the request of the Board, Sam McQueen confirmed that Open Space and Mountain Parks (OSMP) has
not had a budget deficit for several years and how any future budget deficit would be managed.
Motion:
Michelle Estrella moved the Open Space Board of Trustees to recommend that Planning Board
and City Council approve an appropriation of $6,225,209 in 2024 from the Open Space Fund CIP as
outlined in this memorandum; and recommend that $428,000 be appropriated from the city’s
Lottery Fund CIP in 2024. Dave Kuntz seconded. This motion passed unanimously.
Michelle Estrella moved the Open Space Board of Trustees to recommend that City Council
approve an appropriation of $32,924,715 in 2024 for the Open Space and Mountain Parks
Operating Budget from the Open Space Fund as outlined in this memorandum and related
attachments. Dave Kuntz seconded. This motion passed unanimously.
AGENDA ITEM 6 – Request for a recommendation to staff to implement modifications to the
management program reducing prairie dog conflict on irrigated agricultural lands and a
recommendation to City Council to amend the geographical scope of the program to include the
northern project area with the addition of all irrigated agricultural lands designated as transition
or removal areas across the entire OSMP land system (1:37:16)
Interim Deputy Director of Resource and Stewardship and Ecological Stewardship Senior Manager
Heather Swanson and Prairie Dog Conservation and Management Ecologist Tory Poulton presented this
item. The Board asked clarifying questions about the 2018 Prairie Dog Working Group recommendation,
the neighbor cost share program, the logistics of managing lethal control in house, the policy for keyline
plowing depths, and budgeting for the agricultural and water resources needs of the project.
Public Comment:
Elizabeth Black spoke about the staff proposal, designation and classification of properties, irrigation,
barrier cost sharing with neighbors, and the history of prairie dog management on OSMP.
Lynn Segal spoke about lethal management of prairie dogs and underground barriers.
Andy Breiter spoke as an OSMP lessee about managing agricultural lands in a rural urban interface,
lethal management of prairie dogs, farming on properties with prairie dogs, and keyline plowing.
Paula Shuler spoke as a neighbor to OSMP land about staff recommendations, categorization and
designation of properties, prairie dog removal, lethal control, and barriers.
Suzanne Webel spoke as a neighbor to the Bennett property about mowing and irrigating at the Bennett
and Steele properties and the construction of a shared barrier with their property.
Kevin Markey spoke as a neighbor to the Bennett and Steele properties about shared management of
prairie dogs and weeds between neighbors and OSMP, and descriptions of properties in lieu of
categories.
Jonathan Moore spoke as a neighbor to the Bennett and Steele properties about land stewardship and
neighbor relations.
Will Palmer spoke as a neighbor to the Steele property about the history of large wildlife interactions with
prairie dogs and the land, irrigation, and the history of the OSMP landscape.
Andie Young spoke as an OSMP lessee about lethal control of prairie dogs, designation of properties,
and young farmers having access to agricultural land and utilizing them as resources for restoration.
Return to Board:
The Board deliberated on the motion language and asked questions about designation of properties, the
comment period for management decisions recommended by the Board to council, and plans for
communication with OSMP neighbors and tenants.
Motion:
Brady Robinson moved the Open Space Board of Trustees to:
1) Recommend that staff implement modifications to the management approach of reducing
prairie dog conflict on irrigated agricultural properties beginning in 2024 including:
a. Describe properties based on individual characteristics including challenges and
opportunities for use in support of the prioritization criteria applied in selecting
management sites each year.
b. Expand implementation of the project beyond the previously determined northern project
area to encompass irrigable agricultural properties system-wide that are designated as
transition and removal areas and replace the existing burrow disturbance rule to allow
burrow disturbance to a depth of six inches system-wide, or 12 inches with prior notification
on OSMP irrigated agricultural land.
c. Implement lethal control, barrier maintenance, and other related tasks in-house by
purchasing equipment and adding staffing to complete this work rather than by hiring
contractors.
d. Cease relocation to the Southern Grasslands as directed by the Grassland Plan unless
occupation drops below 10% in the future. Evaluate alternate receiving sites including
Prairie Dog Conservation Areas and receiving sites off OSMP and pursue if found to be
feasible. If receiving sites are not available and thus relocation is not feasible, explore
alternative removal options such as trapping and donating to programs for raptor
rehabilitation or black-footed ferret recovery.
e. Identify funding and capacity to address irrigation infrastructure needs ahead of prairie
dog removal on properties where irrigated agriculture is limited by irrigation infrastructure.
2) Recommend that City Council approve modifications to the geographic scope of the program,
to expand implementation of the project, including the use of lethal control, beyond the previously
defined northern project area to encompass irrigable agricultural properties system-wide that are
designated as transition and removal areas. This approval should include replacement of the
existing burrow disturbance rule to allow burrow disturbance to a depth of 6 inches or 12 inches
with prior notification, system-wide on irrigated agricultural properties.
3) Request that staff report out on current neighbor relations, guidance, and strategies specific to
the program of reducing prairie dog conflict on OSMP’s irrigated agricultural lands.
Dave Kuntz seconded. This motion passed unanimously.
AGENDA ITEM 7 – Matters from the Department (4:02:06)
Director Dan Burke provided verbal updates on e-bike implementation and adaptive management.
The Board asked questions about comments made by Pat Billig and Wendy Sweet about adaptive
management.
Director Dan Burke provided additional verbal updates on the tall oatgrass grazing project and a short-
term closure of Bluebell Road for repairs.
Heather Swanson provided a verbal update on noxious weed species management on the system related
to record rainfall.
ADJOURNMENT – The meeting adjourned at 10:24 p.m.
These draft minutes were prepared by Acting Board Secretary Megan Grunewald.
CITY OF BOULDER
OPEN SPACE BOARD OF TRUSTEES AGENDA ITEM
MEETING DATE: August 9, 2023
AGENDA TITLE
Request for approval and recommendation to City Council to approve an amendment to the
OSBT- and Council-approved use of certain City of Boulder open space lands by the City of
Boulder Innovation and Technology Department to permit installation of subsurface conduits via
open trenching or boring as part of the City Council approved Community Broadband Project,
and also allow for possible placement of additional conduits to limit impacts associated with
potential future utility installation, pursuant to the disposal procedures of Article XII, Section 177,
of the City of Boulder Charter.
PRESENTERS
Dan Burke, Director, Open Space and Mountain Parks
Don Mulvey, Deputy Director, Innovation and Technology
Bethany Collins, Real Estate Sr. Manager
EXECUTIVE SUMMARY
This agenda item is the consideration of an amendment to the previously approved use of certain
open space lands managed by the Open Space and Mountain Parks department (OSMP) by the
City of Boulder Innovation and Technology department (IT) which permitted installation of
subsurface conduits via boring as part of IT’s Council-approved Community Broadband Project
(Broadband Project). This matter is being brought back for amendment since the previous
approvals were specifically limited to installation of two conduits via boring. This request is for a
motion from the Open Space Board of Trustees (OSBT) to amend the previous disposal action to
approve and recommend authorizing installation of the conduits via open trenching or boring, and
the placement of additional empty conduits. The placement of empty conduits in the trench is
intended to mitigate some impacts associated with potential future utility installation (subject to
applicable permits and approvals). The subject properties are identified in Attachments A and B
(“OSMP Properties”). Authorizing uses of open space land by a utility provider or another city
department must be consistent with Article XII, sections 175(a) and 177 which require an OSBT
approval and recommendation to City Council.
In December 2020 and January 2021, OSBT and City Council approved the use of certain open
space lands by IT to bore underground and install two 2” subsurface conduits (co-located in one
borehole) and approximately 16 handholes (up to 30” x 48” x 24”) for fiber optic cable on City of
Boulder open space properties. The memos for those approvals are attached (Attachments C
and D).
Since that time, IT contractors have completed the bored connection located on OSMP-managed
land in Gunbarrel and are preparing to install the connection to the Chautauqua Ranger Cottage.
However, additional design work on the connections along the Red Rocks and Enchanted Mesa
Trails/Roads (Troads) on the OSMP Properties has indicated that open trenching, not boring, will
be required for most or all of the installation of those conduits to best avoid other underground
utilities and due to the difficult geotechnical conditions and alignments along those corridors.
Agenda Item 5 - Page 1
If the amendment is approved, the conduits will be constructed via narrow trenching within the
existing Red Rocks and Enchanted Mesa Troads on the OSMP Properties with at least 30 inches
of ground cover except for locations where handholes with covers will be installed to serve as
maintenance access points. An Interdepartmental Memorandum of Understanding (IDMOU) will
outline the terms and responsibilities for IT to limit impacts to OSMP Properties; require
restoration of the Troads to OSMP specifications; address IT’s ongoing maintenance of the
infrastructure; and include provisions for reversion or termination of the permitted uses.
The purpose of the Broadband Project is to provide critical telecommunications connectivity to
city buildings and infrastructure to better serve the Boulder community, including connectivity to
existing city water utility infrastructure and emergency communication towers used by OSMP
rangers and local law enforcement which are located interior to the OSMP Properties.
STAFF RECOMMENDATION
Staff recommends that the Open Space Board of Trustees make a motion to approve and
recommend that City Council approve an amendment to the OSBT- and Council-approved use
of certain City of Boulder open space lands by the City of Boulder Innovation and Technology
department to permit installation of subsurface conduits via open trenching or boring as part of
the City Council approved Community Broadband Project, and also allow for possible
placement of additional conduits to limit impacts associated with potential future utility
installation, pursuant the disposal procedures of Article XII, Section 177, of the City of Boulder
Charter.
COMMUNITY SUSTAINABILITY ASSESSMENTS AND IMPACTS
•Economic –Increased connectivity will allow staff at OSMP facilities to provide improved
service to city residents and the open space system, which supports the city’s quality of
life, attracts visitors and helps businesses recruit and retain quality employees.
•Environmental – Project impacts can be mitigated and restored effectively, and increased
connectivity helps OSMP staff communicate and use city resources more efficiently,
which helps preserve, protect and enhance the values of the city’s open space system.
•Social – Increased connectivity and communications will benefit community safety by
allowing enhanced operation and monitoring of important utility infrastructure and
allowing OSMP staff to better communicate safety issues to city residents during
emergencies or natural disasters affecting OSMP facilities.
OTHER IMPACTS
•Fiscal: The overall value of the transfer of this land interest is considered to be net-neutral
due to the benefits to OSMP of having future connectivity and use of the emergency
communications framework this infrastructure will provide.
•Staff time: Staff time towards this project is part of the normal 2023 and 2024 work plan for
the OSMP Real Estate Services Workgroup.
PUBLIC COMMENT AND PROCESS
This item is being heard as part of this public meeting advertised in the Daily Camera on
August 6, 2023. A Notice of Disposal of Open Space Lands was published in the Daily Camera
on July 28, 2023 and July 29, 2023 pursuant to Section 177 of the Boulder City Charter.
ANALYSIS
OSMP staff has reviewed and supports the proposed amendment to allow the installation of
conduits via open trenching where necessary. The trenching will be performed within existing
Troads, with the handholes located as previously approved, and is necessary to avoid important
city utility infrastructure and due to alignment and geotechnical constraints. IT will be required to
restore the Troads to OSMP specifications, which in some cases will improve the condition of the
Troads and drainage. OSMP staff has and will continue to work onsite with IT’s contractor to
Agenda Item 5 - Page 2
finalize alignments that limit impacts, closures, and user impacts, and ensure restoration to the
same or better condition.
OSMP staff have also been involved in early conversations that may lead to additional
underground utility requests along Enchanted Mesa Troad. While those requests would likely
require additional disposal or licensing requests, staff have encouraged continued collaboration
between IT and other utility and communication providers on the plans and timelines of those
proposed projects. OSMP staff is also supportive of approving the possibility of placement of
additional conduits within IT’s trench (if determined to be feasible) as a part of this amendment to
mitigate some impacts associated with potential future utility installation through joint trenching.
Any additional utilities would be subject to applicable permits and approvals.
CONCLUSION
OSMP staff supports IT’s amendment request to permit installation of the approved broadband
infrastructure via open trenching or boring, as well as installation of additional conduits during the
Broadband Project (if feasible) and recommends that OSBT approve this motion. If recommended
and approved, the matter will be considered for approval by City Council and, if approved, OSMP
staff will work with City Attorney’s Office (CAO) to draft an IDMOU with IT that includes terms and
conditions related to disturbance and restoration. The IDMOU will also include provisions for
reversion and termination of the use, including termination if OSMP determines the
infrastructure operationally conflicts with OSMP’s use of the OSMP Properties for open space
purposes; if IT does not comply with the conditions that protect open space values of the
property; or if the infrastructure is removed or abandoned.
ATTACHMENTS
•Attachment A: Description of OSMP Properties
•Attachment B: Map of OSMP Properties
•Attachment C: OSBT Memo
•Attachment D: City Council Memo
Agenda Item 5 - Page 3
Attachment A
OSMP Property List:
1. Holmes Open Space property, also known as Boulder County Parcel No. 146125300035.
2. Batchelder Open Space property, also known as Boulder County Parcel No. 157901100001.
3.Austin Russel Open Space property, also known as Boulder County Parcel No.
157901100001.
Attachment A
Agenda Item 5 - Page 4
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Attachment B
Agenda Item 5 - Page 5
CITY OF BOULDER
OPEN SPACE BOARD OF TRUSTEES AGENDA ITEM
MEETING DATE: December 16, 2020
AGENDA TITLE
Request for approval and recommendation that City Council approve the permitted use
of certain City of Boulder open space lands by the City of Boulder Innovation and
Technology Department pursuant to Boulder Revised Code chapter 8-8-11, which
requires compliance with the disposal procedures of Article XII, Section 177, of the
City of Boulder Charter to install, operate and maintain two 2” subsurface conduits
(co-located in one borehole) with approximately 16 appurtenant handholes to be
governed by an Interdepartmental Memorandum of Understanding, as part of the City
Council approved Community Broadband Project.
PRESENTERS
Dan Burke, Director, Open Space and Mountain Parks
Francis Duffy, Deputy IT Director, Innovation and Technology
Bethany Collins, Real Estate Supervisor
Matt Ashley, Property Agent
EXECUTIVE SUMMARY
This agenda item is the consideration of a motion to recommend that City Council
approve the permitted use of certain Open Space lands by the City of Boulder Innovation
and Technology Department (IT). IT’s use of this Open Space land would be governed
by an Interdepartmental Memorandum of Understanding (IDMOU) authorizing IT to
bore underground and install two 2” subsurface conduits (co-located in one borehole) and
approximately 16 handholes (up to 30” x 48” x 24”) for fiber optic cable on City of
Boulder Open Space properties, including Open Space and Mountain Parks (OSMP)-
managed ditches and ditch laterals (as listed and generally depicted in Attachment B, the
“Open Space Properties”), as part of IT’s Council-approved Community Broadband
Project (Project). The conduits will be constructed by directional bore under the Open
Space Properties with at least 30 inches of ground cover except for locations where
handholes with covers will be installed to serve as maintenance access points. The
installation of this infrastructure will take place primarily in existing rights of way or
easements allowing for such utilities, and also within limited Open Space Properties that
do not currently allow for such use. The IDMOU will outline the terms and
responsibilities to limit any potential impacts to Open Space Properties and address IT’s
Attachment C
Agenda Item 5 - Page 6
ongoing maintenance of the infrastructure and include provisions for reversion or
termination of the permitted uses.
The purpose of the council-approved Project is to provide critical telecommunications
connectivity to city buildings and infrastructure to better serve the Boulder community,
including connectivity to existing city Water Utility infrastructure and emergency
communication towers used by OSMP rangers and local law enforcement which are
located interior to the Open Space Properties. The Project includes the core fiber
backbone and priority laterals. The routes were selected as the alignment alternative that
provides the best security and meets the greatest service needs with the least amount of
impact to open space land. The Project mostly utilizes existing transportation rights-of-
way or colocation within utility and ditch easements. The next phase of the Community
Broadband Project will then provide additional connections from the citywide backbone
including broadband service lines to OSMP’s Ranger Cottage and Foothills Nature
Center.
City of Boulder Charter section 176 provides that Open Space land may not be improved
after acquisition unless such improvements are necessary to protect or maintain the land
or to provide for passive recreational, open agricultural, or wildlife habitat use of the
land. Title to all open space land is held by the City of Boulder. Because a utility
easement cannot be conveyed between two city departments, city council has authorized
the transfer of open space land to another city department for other uses following the
disposal process set forth in Charter section 177.1 In accordance with section 175(a) and
section 177, Open Space Board of Trustees (OSBT) approval and recommendation to
City Council is required to dispose of any Open Space land interests.
STAFF RECOMMENDATION
Staff recommends that the Open Space Board of Trustees make a motion to approve
and recommend that City Council approve the permitted use of certain City of Boulder
open space lands by the City of Boulder Innovation and Technology Department to
Boulder Revised Code chapter 8-8-11, which requires compliance with the disposal
procedures of Article XII, Section 177, of the City of Boulder Charter to install,
operate and maintain two 2” subsurface conduits (co-located in one borehole) with
approximately 16 appurtenant handholes within those open space lands identified on
Attachment B, to be governed by an Interdepartmental Memorandum of
Understanding, as part of the City Council approved Community Broadband Project
OTHER IMPACTS
•Fiscal: The overall value of the transfer of this land interest is considered to be net -
neutral due to the benefits to OSMP of having future connectivity and use of the
emergency communications framework this infrastructure will provide.
•Staff time: Staff time towards this project is part of the normal 2020 and 2021 work
plan for the OSMP Real Estate Services Workgroup.
1 See, Ordinance 8143, attached as Attachment C, codified in section 8-8-11, B.R.C. 1981.
Attachment C
Agenda Item 5 - Page 7
PUBLIC COMMENT AND PROCESS
This item is being heard as part of this public meeting advertised in the Daily Camera on
December 13, 2020. A Notice of Disposal of Open Space Lands was published in the
Daily Camera on December 5 and 6, 2020 pursuant to Section 177 of the Boulder City
Charter
DISPOSAL PROCESS
The disposal process is being utilized for this use because in 2016, with Ordinance 8143,
City Council recognized the City of Boulder Charter and the Boulder Revised Code do
not expressly address whether a disposal occurs when there is a transfer of Open Space
land from the OSMP department to another city department. In such a case, the land
remains in city ownership and is not “sold, leased, traded or otherwise conveyed” as
contemplated in Charter Section 177. When utility providers outside of the city seek to
use Open Space land for utility infrastructure, they do so by following the Charter
Section 177 process requesting the city to convey an easement to the utility. The city
cannot grant an easement to itself to provide for city utility infrastructure. Ordinance
8143 added a code section providing that any such transfer of the right of another city
department to use Open Space land for other than open space purposes must be preceded
by compliance with the disposal provisions of Charter Section 177. Ordinance 8143 is
provided as Attachment C.
ANALYSIS
When OSMP considers the disposal of an Open Space land interest, staff considers many
factors including, but not limited to, the disposal’s impact (both negative and positive) on
the department’s ability to deliver Open Space Charter purposes. OSMP also considers
the alternatives and whether the same goals and purposes can be achieved without
disposing Open Space land interest. The following is a summary of OSMP’s analysis of
the proposed transfer and the alternatives to it.
Surface Impacts
There will be minimal surface impacts to the Open Space Properties which can be
mitigated. The conduits are proposed to be installed by directional bore under the Open
Space Properties with at least 30 inches of ground cover except for locations where
handholes with covers (up to 30” x 48” x 24”) will be installed as maintenance access
points. The directional boring will take place from the handhole locations. These
temporary bore pits will be restored to OSMP specifications after the handholes are
positioned. The handholes may be placed subsurface (sink and cover) if requested. The
IDMOU will outline terms and responsibilities to limit any potential impacts to Open
Space Properties and addresses IT’s ongoing maintenance of the infrastructure. OSMP
will otherwise continue to have full use and enjoyment of the Open Space Properties for
Open Space purposes.
Benefit to OSMP
This use will benefit the city’s Open Space program by providing future connectivity and
OSMP Rangers’ use of the emergency communications framework this infrastructure will
Attachment C
Agenda Item 5 - Page 8
service. OSMP will also benefit after the installation of the backbone when broadband
service lines to OSMP’s Ranger Cottage and Foothills Nature Center can be made.
Alternatives
The alignments of the backbone network were selected to provide the best security and
meet the greatest service needs. The Project primarily utilizes existing transportation
rights-of-way or colocation within existing utility and ditch easements. Some of the
alignments are to serve OSMP facilities and must cross the Open Space Properties to
access the facilities. Where this occurs, the conduits align with existing disturbance
including trails, and in the case of the “Red Rocks Complex” could be able to take
advantage of existing conduits and handholes.
There are no alternatives which would allow service to the priority infrastructure without
utilizing portions of open space lands. Alternatives with shorter connections through
Open Space lands would not follow trails and could impact more sensitive land and
resources. The IDMOU will also include provisions for reversion and termination of the
use, including termination if OSMP determines the infrastructure operationally conflicts
with OSMP’s use of the Open Space Properties for Open Space purposes; if IT does not
comply with the conditions that protect Open Space values of the property; or if the
infrastructure is removed or abandoned.
CONCLUSION
Based on the above alternatives and OSMP’s determination that the use of Open Space
land by IT to install, operate and maintain the broadband infrastructure will not negatively
impact OSMP’s ability to deliver Open Space Charter purposes and in fact may enhance
staff’s ability to protect, steward and manage those purposes, OSMP recommends that
OSBT approve this motion.
ATTACHMENTS:
•Attachment A: Sustainability and Resilience Framework Scorecard
•Attachment B: Open Space Property List and Property Map
•Attachment C: Ordinance 8143
Attachment C
Agenda Item 5 - Page 9
Attachment A
Sustainability and Resilience Framework Scorecard
Framework Goal Project Impact
•Positive
•Neutral
•Negative
Description
•If impact is positive, describe how
this effort furthers achievement of
this goal
•If impact is neutral, put NA.
•If impact is negative, describe how
potential negative impacts will be
mitigated.
SAFE: A welcoming and inclusive community that
fosters personal and community safety and ensures
that all residents are secure and cared for during
emergencies and natural disasters.
Positive Increased connectivity and
communications will benefit
community safety by allowing OSMP
staff to better communicate safety
issues to City residents during
emergencies or natural disasters
affecting OSMP facilities served by
the Project.
HEALTHY & SOCIALLY THRIVING: All
Boulder residents enjoy high levels of physical and
mental well-being and abundant recreational,
cultural, and educational opportunities in an
environment where all human rights are respected.
Neutral NA
LIVABLE: High-performing, safe, well-
maintained and attractive buildings and
infrastructure that accommodate a diverse set of
community needs for working, playing and living.
Positive OSMP contributes to a livable city by
maintaining safe and functional
infrastructure to facilitate the use of
Open Space by City residents. The
Project supports the city’s livability by
helping to maintain high-performing,
safe, and well-maintained OSMP
infrastructure to facilitate such access.
ACCESSIBLE & CONNECTED: A safe,
accessible and sustainable multi-modal
transportation system that connects people with
each other and where they want to go. Innovation,
inclusivity and open access to information fosters
connectivity and promotes community engagement.
Positive Increased connectivity at OSMP
facilities served by the Project will
improve OSMP’s ability to foster
connectivity and promote community
engagement.
ENVIRONMENTALLY SUSTAINABLE: A
sustainable, thriving and equitable community that
benefits from and supports clean energy; preserves
and responsibly uses the earth’s resources; and
cares for ecosystems.
Positive 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. Increased
connectivity helps OSMP staff
communicate and use City resources
more efficiently, which helps preserve,
protect and enhance the values of the
city’s Open Space system.
Attachment C
Agenda Item 5 - Page 10
RESPONSIBLY GOVERNED: A local
government that provides an excellent customer
experience, responsibly manages the city’s assets
and makes data-driven decisions informed by
community engagement.
Neutral NA
ECONOMICALLY VITAL: All residents and
businesses can access and benefit from a healthy
and sustainable economy that is innovative, diverse
and collaborative.
Positive 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. Increased connectivity
will allow staff at OSMP facilities to
provide improved service to City
residents, which supports the city’s
quality of life which attracts visitors
and helps businesses recruit and retain
quality employees.
Attachment C
Agenda Item 5 - Page 11
Attachment B
Open Space Property List and Property Map
Open Space Property List:
1.Cosslett property, also known as Boulder County Parcel No. 146507000002.
2.Jenik property, also known as Boulder County Parcel No. 146312100001.
3.Haley property, also known as Boulder County Parcel No. 146507300001.
4.Gunbarrel Ranch property, also known as Boulder County Parcel No. 146507000004.
5.Thorne III property, also known as Boulder County Parcel No. 146136200041.
6.Mccabe-Sanchez, also known as Boulder County Parcel No. 146125300035.
7.Holmes property, also known as Boulder County Parcel No. 146125300035.
8.Batchelder property, also known as Boulder County Parcel No. 157901100001.
9.Austin Russel property, also known as Boulder County Parcel No. 157901100001.
Also, including those Open Space Properties where the Project is located within
existing rights of way or easements allowing for such utilities shown on the map.
Attachment C
Agenda Item 5 - Page 12
Communi
ty
D
i
tch
oc kCr e ekSku n k C reekCe k
Four m ileCa n y onCreek
B e a r C anyon Creek
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¬«52
¬«170
¬«93
¬«157
¬«7
£¤36
£¤36N Foothills Hwy30th StTable Mesa DrFolsom StValmont R dBroadway
Colorado A v e28thSt
S
Bro
a
d
w
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Arapahoe Ave Arapahoe Rd
PearlPkwy
Pearl St
Baseline Rd
Iris Ave
Canyon Blvd
W South Boulder Rd
F
o
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h
i
l
l
s
P
k
w
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US36ExpressLn
Mineral Rd
Marshall Rd
SFoot
hi
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yS Boulder Rd
McCaslin BlvdLongmontDiagonalHwyDen
v
e
r
B
o
u
l
d
e
r
T
u
r
n
p
i
k
e
Mccabe - Sanchez
Cosslett
Austin -RussellBatchelder
Thorne III
GunbarrelRanch
Jenik
Holmes
Haley
Proposed Fiber Cable Route
OSMP Land Interests Where BroadbandRoute Is Not In ROW
OSMP Land - Simplified Interests
OSMP Ownership
OSMP Easements
ATTACHMENT B: IT Broadband Project9
Open Space Property Map
I
0 1 2 3Miles
Attachment C
Agenda Item 5 - Page 13
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ORDINANCE 8143
AN ORDINANCE AMENDING TITLE 8 "PARKS, OPEN SPACES,
STREETS, AND PUBLIC WAYS" BY AMENDING THE TITLE TO
CHAPTER 8-3 BY ADDING "OPEN SPACE AND MOUNTAIN PARKS" BY
AMENDING THE TITLE TO CHAPTER 8-8, BY ELIMINATING THE
REFERENCE TO THE OPEN SPACE VISITOR MASTER PLAN, BY
ADDING A NEW SECTION 8-8-11 "TRANSFER OF OPEN SP ACE LAND"
REQUIRING COMPLIANCE WITH SECTION 177 "DISPOSAL OF OPEN
SPACE LAND" PRIOR TO A TRANSFER OF OPEN SP ACE LAND TO
ANOTHER CITY DEPARTMENT AND SETTING FORTH RELATED
DETAILS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER,
COLORADO:
Section 1. Legislative Intent
The intent of this ordinance is to clarify the respective authority of the Open Space Board
of Trustees and the Boulder City Council. Under Section 177 of the Boulder Home Rule
Charter, the Open Space Board of Trustees must approve any sale, lease, trade or other
conveyance of open space land. The Charter does not expressly address whether a disposal
occurs when there is a transfer of open space land from the Open Space and Mountain Parks
department to another city department, without changing the legal title to the land, which is held
by the city of Boulder. Although not expressly stated, it is the city council's interpretation that
the Charter intent is that open space lands be used only for an open space purpose . This
ordinance is intended to clarify that any such transfer to another city department will for the
purpose of the Charter be treated as a disposal and may only be completed after compliance with
the disposition provisions of Charter Section 177.
Section 2.The title to Chapter 8-3 is amended to read as follows:
Chapter 3 - Parks and Recreation - Open Space and Mountain Parks
Section 3 . The title to Chapter 8-8 is amended to read as follows:
Chapter 8 -:: Management of Open Space Landsand l\4euntain Parks Visitor Master Plan
lmIJlementatien
Section 4. Section 8-8-1 is amended to read as follows:
8-8-1. - Purpose.
The purpose of this chapter is to protect the public health, safety and general welfare by
25 establishing procedures and requirements necessary to implement the Charter and any
K:\OMRL\o - 2nd - 8143-2455.docx
Attachment C
Agenda Item 5 - Page 14
1 s ub se qu ent master planning document to the Open Space a n d Mountain Parks Visitor
Master Plan.manage open space lands.
2
3
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5
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10
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Section 5. A new Section 8-8-11 is added as follows:
8-8-11. -Transfer of Open Space Lands.
Any transfer of op e n space lands from the Open Space and Mountain Parks department to
any other department of the city will for the purpose of the Charter be made only after
compliance with the requirements of Section 177 of the Charter.
Section 6. This ordinance is necessary to protect the public health , safety, and welfare of
the residents of the city, and covers matters oflocal concern.
Section 7. The City Council deems it appropriate that this ordinance be published b y title
only and orders that copies of this ordinance be made available in the office of the city clerk for
public inspection and acquisition.
INTRODUCED , READ ON FIRST READING, AND ORDERED PUBLISHED BY
TITL E ONLY this 20th day of September, 2016.
Attest:
Lynnette' Beck
City Clerk
K:\OMRL\o - 2nd - 8143-2455.docx
sUZall:ne Jones
Mayor
Attachment C
Agenda Item 5 - Page 15
1 READ ON SECOND READING, PASSED, ADOPTED, this 15th day of November,
2 2016.
3
4 . 5,i.:P
5
6 Attest:
7 L~-8
9 City Clerk
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K:\OMRL\o - 2nd - 8143-2455.docx
Attachment C
Agenda Item 5 - Page 16
CITY OF BOULDER
CITY COUNCIL AGENDA ITEM
MEETING DATE: January 19, 2021
AGENDA TITLE: Consideration of a motion to approve the permitted use of certain
City of Boulder Open Space lands by the City of Boulder Innovation and Technology
Department in compliance with the disposal procedures of Article XII, Section 177, of
the City of Boulder Charter to install, operate and maintain two 2” subsurface conduits
(co-located in one borehole) with approximately 16 appurtenant handholes to be
governed by an Interdepartmental Memorandum of Understanding, as part of the City
Council-approved Community Broadband Project
PRESENTER/S
Dan Burke, Director, Open Space & Mountain Parks
Francis Duffy, Deputy IT Director, Innovation and Technology
Bethany Collins, Real Estate Supervisor, Open Space & Mountain Parks
Matt Ashley, Property Agent, Open Space & Mountain Parks
EXECUTIVE SUMMARY
This agenda item is the consideration of the permitted use of certain Open Space lands by
the City of Boulder Innovation and Technology Department (IT). IT’s use of this Open
Space land would be governed by an Interdepartmental Memorandum of Understanding
(IDMOU) authorizing IT to bore underground and install two 2” subsurface conduits (co-
located in one borehole) and approximately 16 handholes (up to 30” x 48” x 24”) for
fiber optic cable on City of Boulder Open Space properties, including Open Space and
Mountain Parks (OSMP)-managed ditches and ditch laterals (as listed and generally
depicted in Attachment B, the “Open Space Properties”), as part of IT’s Council-
approved Community Broadband Project (Project). The conduits will be constructed by
directional bore under the Open Space Properties with at least 30 inches of ground cover
except for locations where handholes with covers will be installed to serve as
maintenance access points. The installation of this infrastructure will take place primarily
in existing rights of way or easements allowing for such utilities, and also within limited
Open Space Properties that do not currently allow for such use. The IDMOU will outline
the terms and responsibilities to limit any potential impacts to Open Space Pr operties and
address IT’s ongoing maintenance of the infrastructure and include provisions for
reversion or termination of the permitted uses.
Attachment D
Agenda Item 5 - Page 17
The purpose of the council-approved Project is to provide critical telecommunications
connectivity to city buildings and infrastructure to better serve the Boulder community,
including connectivity to existing city Water Utility infrastructure and emergency
communication towers used by OSMP rangers and local law enforcement which are
located interior to the Open Space Properties. The Project includes the core fiber
backbone and priority laterals. The routes were selected as the alignment alternative that
provides the best security and meets the greatest service needs with the least amount of
impact to Open Space land. The Project mostly utilizes existing transportation rights-of-
way or colocation within utility and ditch easements. The next phase of the Community
Broadband Project will then provide additional connections from the citywide backbone
including broadband service lines to OSMP’s Ranger Cottage and Foothills Nature
Center.
City of Boulder Charter section 176 provides that Open Space land may not be improved
after acquisition unless such improvements are necessary to protect or maintain the land
or to provide for passive recreational, open agricultural, or wildlife habitat use of the
land. Title to all Open Space land is held by the City of Boulder. Because a utility
easement cannot be conveyed between two city departments, City Council has authorized
the transfer of Open Space land to another city department for other uses following the
disposal process set forth in Charter section 177.1 In accordance with section 175(a) and
section 177, Open Space Board of Trustees (OSBT) approval and recommendation to
City Council is required to dispose of any Open Space land interests.
STAFF RECOMMENDATION
Suggested Motion Language: Staff requests council consideration of this matter and
action in the form of the following motion:
Consideration of a motion to approve the permitted use of certain City of Boulder Open
Space properties by the City of Boulder Innovation and Technology Department in
compliance with the disposal procedures of Article XII, Section 177, of the City of
Boulder Charter to install, operate and maintain two 2” subsurface conduits (co-located in
one borehole) with approximately 16 appurtenant handholes within those Open Space
properties identified on Attachment B, to be governed by an Interdepartmental
Memorandum of Understanding, as part of the City Council approved Community
Broadband Project
OTHER IMPACTS
•Fiscal: The overall value of the transfer of this land interest is considered to be net -
neutral due to the benefits to OSMP of having future connectivity and use of the
emergency communications framework this infrastructure will provide.
•Staff time: Staff time towards this project is part of the normal 2020 and 2021 work
plan for the OSMP Real Estate Services Workgroup.
1 See, Ordinance 8143, attached as Attachment C, codified in section 8-8-11, B.R.C. 1981.
Attachment D
Agenda Item 5 - Page 18
BOARD AND COMMISSION FEEDBACK
At its Dec. 16, 2020 meeting and public hearing on this topic, Karen Hollweg moved the
Open Space Board of Trustees to make a motion to recommend that the Boulder City
Council approve the permitted use of certain City of Boulder Open Space properties by
the City of Boulder Innovation and Technology Department in compliance with the
disposal procedures of Article XII, Section 177, of the City of Boulder Charter to install,
operate and maintain two 2” subsurface conduits (co-located in one borehole) with
approximately 16 appurtenant handholes within those Open Space properties identified
on Attachment B, to be governed by an Interdepartmental Memorandum of
Understanding, as part of the City Council approved Community Broadband Project. Curt
Brown seconded. This motion passed unanimously 5-0.
PUBLIC FEEDBACK
This item was heard at the Dec. 16, 2020 OSBT public meeting advertised in the Daily
Camera on Dec. 13, 2020. There were three public commenters, all asked clarifying
questions and no opposition was expressed. A Notice of Disposal of Open Space Lands
was published in the Daily Camera on December 5 and 6, 2020 pursuant to Section 177
of the Boulder City Charter.
DISPOSAL PROCESS
The disposal process is being utilized for this use because in 2016, with Ordinance 8143,
City Council recognized the City of Boulder Charter and the Boulder Revised Code do
not expressly address whether a disposal occurs when there is a transfer of Open Space
land from the OSMP department to another city department. In such a case, the land
remains in city ownership and is not “sold, leased, traded or otherwise conveyed” as
contemplated in Charter Section 177. When utility providers outside of the city seek to
use Open Space land for utility infrastructure, they do so by following the Charter
Section 177 process requesting the city to convey an easement to the utility. The city
cannot grant an easement to itself to provide for city utility infrastructure. Ordinance
8143 added a code section providing that any such transfer of the right of another city
department to use Open Space land for other than Open Space purposes must be preceded
by compliance with the disposal provisions of Charter Section 177. Ordinance 8143 is
provided as Attachment C.
ANALYSIS
When OSMP considers the disposal of an Open Space land interest, staff considers many
factors including, but not limited to, the disposal’s impact (both negative and positive) on
the department’s ability to deliver Open Space Charter purposes. OSMP also considers
the alternatives and whether the same goals and purposes can be achieved without
disposing Open Space land interest. The following is a summary of OSMP’s analysis of
the proposed transfer and the alternatives to it.
Surface Impacts
There will be minimal surface impacts to the Open Space Properties which can be
mitigated. The conduits are proposed to be installed by directional bore under the Open
Space Properties with at least 30 inches of ground cover except for locations where
Attachment D
Agenda Item 5 - Page 19
handholes with covers (up to 30” x 48” x 24”) will be installed as maintenance access
points. The directional boring will take place from the handhole locations. These
temporary bore pits will be restored to OSMP specifications after the handholes are
positioned. The handholes may be placed subsurface (sink and cover) if requested. The
IDMOU will outline terms and responsibilities to limit any potential impacts to Open
Space Properties and addresses IT’s ongoing maintenance of the infrastructure. OSMP
will otherwise continue to have full use and enjoyment of the Open Space Properties for
Open Space purposes.
Benefit to OSMP
This use will benefit the city’s Open Space program by providing future connectivity and
OSMP rangers’ use of the emergency communications framework this infrastructure will
service. OSMP will also benefit after the installation of the backbone when broadband
service lines to OSMP’s Ranger Cottage and Foothills Nature Center can be made.
Alternatives
The alignments of the backbone network were selected to provide the best security and
meet the greatest service needs. The Project primarily utilizes existing transportation
rights-of-way or colocation within existing utility and ditch easements. Some of the
alignments are to serve OSMP facilities and must cross the Open Space Properties to
access the facilities. Where this occurs, the conduits align with existing disturbance
including trails, and in the case of the “Red Rocks Complex” could be able to take
advantage of existing conduits and handholes.
There are no alternatives which would allow service to the priority infrastructure without
utilizing portions of Open Space lands. Alternatives with shorter connections through
Open Space lands would not follow trails and could impact more sensitive land and
resources. The IDMOU will also include provisions for reversion and termination of the
use, including termination if OSMP determines the infrastructure operationally conflicts
with OSMP’s use of the Open Space Properties for Open Space purposes; if IT does not
comply with the conditions that protect Open Space values of the property; or if the
infrastructure is removed or abandoned.
CONCLUSION
Based on the above alternatives and OSMP’s determination that the use of Open Space
land by IT to install, operate and maintain the broadband infrastructure will not
negatively impact OSMP’s ability to deliver Open Space Charter purposes and in fact
may enhance staff’s ability to protect, steward and manage those purposes, OSMP
recommends that council approve this motion.
ATTACHMENTS
•Attachment A: Sustainability and Resilience Framework Scorecard
•Attachment B: Open Space Property List and Property Map
•Attachment C: Ordinance 8143
Attachment D
Agenda Item 5 - Page 20
Attachment A
Sustainability and Resilience Framework Scorecard
Framework Goal Project Impact
•Positive
•Neutral
•Negative
Description
•If impact is positive, describe how
this effort furthers achievement of
this goal
•If impact is neutral, put NA.
•If impact is negative, describe how
potential negative impacts will be
mitigated.
SAFE: A welcoming and inclusive community that
fosters personal and community safety and ensures
that all residents are secure and cared for during
emergencies and natural disasters.
Positive Increased connectivity and
communications will benefit
community safety by allowing OSMP
staff to better communicate safety
issues to City residents during
emergencies or natural disasters
affecting OSMP facilities served by
the Project.
HEALTHY & SOCIALLY THRIVING: All
Boulder residents enjoy high levels of physical and
mental well-being and abundant recreational,
cultural, and educational opportunities in an
environment where all human rights are respected.
Neutral NA
LIVABLE: High-performing, safe, well-
maintained and attractive buildings and
infrastructure that accommodate a diverse set of
community needs for working, playing and living.
Positive OSMP contributes to a livable city by
maintaining safe and functional
infrastructure to facilitate the use of
Open Space by City residents. The
Project supports the city’s livability by
helping to maintain high-performing,
safe, and well-maintained OSMP
infrastructure to facilitate such access.
ACCESSIBLE & CONNECTED: A safe,
accessible and sustainable multi-modal
transportation system that connects people with
each other and where they want to go. Innovation,
inclusivity and open access to information fosters
connectivity and promotes community engagement.
Positive Increased connectivity at OSMP
facilities served by the Project will
improve OSMP’s ability to foster
connectivity and promote community
engagement.
ENVIRONMENTALLY SUSTAINABLE: A
sustainable, thriving and equitable community that
benefits from and supports clean energy; preserves
and responsibly uses the earth’s resources; and
cares for ecosystems.
Positive 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. Increased
connectivity helps OSMP staff
communicate and use City resources
more efficiently, which helps preserve,
protect and enhance the values of the
city’s Open Space system.
RESPONSIBLY GOVERNED: A local Neutral NA
Attachment D
Agenda Item 5 - Page 21
government that provides an excellent customer
experience, responsibly manages the city’s assets
and makes data-driven decisions informed by
community engagement.
ECONOMICALLY VITAL: All residents and
businesses can access and benefit from a healthy
and sustainable economy that is innovative, diverse
and collaborative.
Positive 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. Increased connectivity
will allow staff at OSMP facilities to
provide improved service to City
residents, which supports the city’s
quality of life which attracts visitors
and helps businesses recruit and retain
quality employees.
Attachment D
Agenda Item 5 - Page 22
Attachment B
Open Space Property List and Property Map
Open Space Property List:
1.Cosslett property, also known as Boulder County Parcel No. 146507000002.
2.Jenik property, also known as Boulder County Parcel No. 146312100001.
3.Haley property, also known as Boulder County Parcel No. 146507300001.
4.Gunbarrel Ranch property, also known as Boulder County Parcel No. 146507000004.
5.Thorne III property, also known as Boulder County Parcel No. 146136200041.
6.Mccabe-Sanchez, also known as Boulder County Parcel No. 146125300035.
7.Holmes property, also known as Boulder County Parcel No. 146125300035.
8.Batchelder property, also known as Boulder County Parcel No. 157901100001.
9.Austin Russel property, also known as Boulder County Parcel No. 157901100001.
Also, including those Open Space Properties where the Project is located within
existing rights of way or easements allowing for such utilities shown on the map.
Attachment D
Agenda Item 5 - Page 23
Communi
ty
D
i
tch
R oc kCr e ekSku n k C reekCe k
Four m ileCa n y onCreek
B e a r C anyon Creek
DryCreek
Bould e rCreekouth B o de r C reek¬«119 ¬«7
¬«52
¬«170
¬«93
¬«157
¬«7
£¤36
£¤36N Foothills Hwy30th StTable Mesa DrFolsom StValmont R dBroadway
Colorado A v e28thSt
S
Bro
a
d
w
ay
Arapahoe Ave Arapahoe Rd
PearlPkwy
Pearl St
Baseline Rd
Iris Ave
Canyon Blvd
W South Boulder Rd
F
o
o
t
h
i
l
l
s
P
k
w
y
US36ExpressLn
Mineral Rd
Marshall Rd
SFoot
hi
l
l
yS Boulder Rd
McCaslin BlvdLongmontDiagonalHwyDen
v
e
r
B
o
u
l
d
e
r
T
u
r
n
p
i
k
e
Mccabe - Sanchez
Cosslett
Austin -RussellBatchelder
Thorne III
GunbarrelRanch
Jenik
Holmes
Haley
Proposed Fiber Cable Route
OSMP Land Interests Where BroadbandRoute Is Not In ROW
OSMP Land - Simplified Interests
OSMP Ownership
OSMP Easements
ATTACHMENT B: IT Broadband Project9
Open Space Property Map
I
0 1 2 3Miles
Attachment D
Agenda Item 5 - Page 24
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ORDINANCE 8143
AN ORDINANCE AMENDING TITLE 8 "PARKS, OPEN SPACES,
STREETS, AND PUBLIC WAYS" BY AMENDING THE TITLE TO
CHAPTER 8-3 BY ADDING "OPEN SPACE AND MOUNTAIN PARKS" BY
AMENDING THE TITLE TO CHAPTER 8-8, BY ELIMINATING THE
REFERENCE TO THE OPEN SPACE VISITOR MASTER PLAN, BY
ADDING A NEW SECTION 8-8-11 "TRANSFER OF OPEN SP ACE LAND"
REQUIRING COMPLIANCE WITH SECTION 177 "DISPOSAL OF OPEN
SPACE LAND" PRIOR TO A TRANSFER OF OPEN SP ACE LAND TO
ANOTHER CITY DEPARTMENT AND SETTING FORTH RELATED
DETAILS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER,
COLORADO:
Section 1. Legislative Intent
The intent of this ordinance is to clarify the respective authority of the Open Space Board
of Trustees and the Boulder City Council. Under Section 177 of the Boulder Home Rule
Charter, the Open Space Board of Trustees must approve any sale, lease, trade or other
conveyance of open space land. The Charter does not expressly address whether a disposal
occurs when there is a transfer of open space land from the Open Space and Mountain Parks
department to another city department, without changing the legal title to the land, which is held
by the city of Boulder. Although not expressly stated, it is the city council's interpretation that
the Charter intent is that open space lands be used only for an open space purpose . This
ordinance is intended to clarify that any such transfer to another city department will for the
purpose of the Charter be treated as a disposal and may only be completed after compliance with
the disposition provisions of Charter Section 177.
Section 2.The title to Chapter 8-3 is amended to read as follows:
Chapter 3 - Parks and Recreation - Open Space and Mountain Parks
Section 3 . The title to Chapter 8-8 is amended to read as follows:
Chapter 8 -:: Management of Open Space Landsand l\4euntain Parks Visitor Master Plan
lmIJlementatien
Section 4. Section 8-8-1 is amended to read as follows:
8-8-1. - Purpose.
The purpose of this chapter is to protect the public health, safety and general welfare by
25 establishing procedures and requirements necessary to implement the Charter and any
K:\OMRL\o - 2nd - 8143-2455.docx
Attachment D
Agenda Item 5 - Page 25
1 s ub se qu ent master planning document to the Open Space a n d Mountain Parks Visitor
Master Plan.manage open space lands.
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
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Section 5. A new Section 8-8-11 is added as follows:
8-8-11. -Transfer of Open Space Lands.
Any transfer of op e n space lands from the Open Space and Mountain Parks department to
any other department of the city will for the purpose of the Charter be made only after
compliance with the requirements of Section 177 of the Charter.
Section 6. This ordinance is necessary to protect the public health , safety, and welfare of
the residents of the city, and covers matters oflocal concern.
Section 7. The City Council deems it appropriate that this ordinance be published b y title
only and orders that copies of this ordinance be made available in the office of the city clerk for
public inspection and acquisition.
INTRODUCED , READ ON FIRST READING, AND ORDERED PUBLISHED BY
TITL E ONLY this 20th day of September, 2016.
Attest:
Lynnette' Beck
City Clerk
K:\OMRL\o - 2nd - 8143-2455.docx
sUZall:ne Jones
Mayor
Attachment D
Agenda Item 5 - Page 26
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Attachment D
Agenda Item 5 - Page 27
Sign Program
MEMORANDUM
TO: Open Space Board of Trustees
FROM: Dan Burke, Director, Open Space and Mountain Parks
Jeff Haley, Deputy Director of Trails & Facilities
Chad Brotherton, Sr. Manager Visitor Infrastructure
Craig Braski, Signs & Graphics Sr. Program Manager
DATE: August 9, 2023
SUBJECT: Signs Program Overview and Flagstaff Gateway Sign Replacement
Executive Summary
The Open Space and Mountain Parks (OSMP) Signs and Graphics Workgroup plays a crucial
role in ensuring a positive visitor experience through trail wayfinding, interpretation, resource
protection, and effective communication of complex regulatory information. They aim to provide
clear behavior expectations, enhance wayfinding, promote inclusion, and maintain well-
functioning sign infrastructure throughout the system. The team is also introducing and actively
working to implement new standards for gateway and location signs, to complement the sign
standards which were presented to the Open Space Board of Trustees (OSBT) in February 2022.
The purpose of this agenda item is to provide a brief program update and gather board input on
the program and the addition of gateway sign standards.
Background
The team’s 2023 budget includes $378,000 operating funds and $103,000 capital funds, with the
entire amount shifting to the operations budget in 2024. The signs team has a current inventory of
3200+ individual signs and over 1100 structures. The signs and graphics team is comprised of 5
staff members and their key roles are to plan, design, develop, implement, and maintain signs
and support infrastructure throughout the OSMP system.
A typical day and week for signs team includes routine maintenance, emergent service requests,
and implementing planned projects, while also strategic priorities such as building bid packages
for materials, managing budgets, and developing work plans and projects. The team develops
and utilizes templates, branding, and consistency standards to efficiently orchestrate a holistic
messaging approach across the system that helps define expectations and visitors’ sense of
place. During the presentation to the OSBT at the regular business meeting, staff will give a brief
presentation of the sign standards and information related to design criteria and approach to
signs based upon the research and best practices developed throughout the years.
Team Goals
•To enhance ecological protection and visitor experience and success through wayfinding,
education, regulatory and ecological awareness.
•Capture visitors’ attention using thoughtful design, placement, and messaging while not
interfering with the views while visiting OSMP lands.
•Strategically manage the OSMP sign assets through standardization of sign infrastructure
types, installation techniques, and maintenance programs.
•Collaborate and support OSMP subject matter experts and project managers to develop and
install messaging through signs, often as a part of comprehensive communication plans.
•Expand accessibility through universal symbols and bilingual messaging.
These goals align and are driven by the master plan strategies of:
•RRSE.1 Assess and manage increasing visitation.
•CCEI.1 Welcome diverse backgrounds and abilities
•CCEI.2 Enhance communications with visitors.
•RRSE.8 Provide welcoming and inspiring visitor facilities and services.
•CCEI.8 Heighten community understanding of land management efforts.
Agenda Item 6A - Page 1
Sign Program
Current Focus for the Team
The team is acutely aware of the impacts of “over signage” or sign clutter and strive to balance
messaging needs and the amount of infrastructure on the natural landscape. The team is also
seeking long-term infrastructure solutions to reduce maintenance and replacement needs. The
team is establishing Best Management Practices (BMPs) for signing hazards and risks in the
OSMP system related to the appropriate time to sign certain natural risks and conditions that
visitors should be aware of. The team is also working with other work groups to expand bilingual
sign messaging that was piloted at the Sawhill Ponds kiosk. Stakeholders provided feedback in
2022 from the pilot and comments will be used for expanding bilingual signage system-wide. Due
to the amount of trailhead kiosks in the system, the expansion will be strategically phased based
on visitor demographic data and usage. Regulatory maps are also part of the bilingual messaging
project and will be updated as Geographic Information System (GIS) capacity allows. Finally, the
team is transitioning into asset management for continued improvement of the strategic
maintenance program by using the Beehive Asset Management tool like other workgroups in
OSMP.
Legacy Infrastructure & Location Signs
Another current focus of the team, which prompted this agenda item for the OSBT, is addressing
legacy sign infrastructure that exists primarily within the Chautauqua and Flagstaff areas. This
infrastructure was created and installed many years ago prior to the current standards that are
used as described previously. These signs are typically made of wood and hand painted, which
presents ongoing maintenance challenges due to the deterioration from weather and frequent
vandalism. These signs also no longer align with current standards because they require
substantial maintenance with outdated techniques and equipment, so they have been prioritized
as part of a comprehensive replacement plan. Below are examples of a deteriorated and
vandalized sign as well as the painted wood signs.
The current sign standards on the other hand, use a variety of resilient and sustainable recycled
materials, metal and treated wood to ensure long lasting infrastructure that can be easily
Agenda Item 6A - Page 2
Sign Program
maintained, withstand the elements of being in remote locations and resilient to the changing
climate. The new sign standards also allow signs to be updated regularly with graphics and icons
and not have to be rebuilt with wood. The most visible and recognizable of these legacy signs
includes the large “Welcome to Boulder Mountain Parks” Gateway sign located at the base of
Flagstaff Road as you leave Chautauqua and drive west toward Gregory Canyon. This sign is in
need desperate replacement and has been modified many times throughout the sign’s lifecycle.
In 2022, Capital Improvement Program (CIP) funding was allocated for the replacement of this
sign and the team has now developed a proposed replacement that honors the original design
and intention while updating to a more sustainable and resilient material that respects the history
of the sign while integrating the design with current sign standards. Both the West Trail Study
Area plan and the Education and Outreach Framework for Flagstaff Mountain called for a
replacement of these legacy signs with new signs that comply with the new signs manual.
Its replacement provides a great opportunity to create a welcoming visitor experience while
bringing the infrastructure to standard, reducing long-term maintenance needs, and connecting
visitors to the land. This sign is an example of a “gateway sign” and is intended to provide the
visitor with a sense of location, establish arrival onto OSMP land and identify the specific area like
many signs located on United States Forest Service (USFS) or National Park Service (NPS) land
that identifies when a person enters a forest service area or specific area within a national park.
This sense of arrival using a location marker helps the visitor understand that the land is
designated, protected and that a variety of regulations exist to protect both the resources and the
visitor while enjoying the place. The OSMP system currently has many trailhead location signs
and kiosks that provide maps and information about regulations and wayfinding, but OSMP’s sign
Agenda Item 6A - Page 3
Sign Program
standards currently don’t include standards for general gateway or location signs; such standards
would help ensure that proposed gateway signs provide the many benefits that these failing
legacy signs were providing but in a more resilient and standardized approach. The current sign
standards consider many aspects of the visitor experience and uses a variety of font styles and
sizes, graphics and other factors to ensure the effectiveness of the sign and materials that are
both complimentary to the landscape while also sustainable and resilient over time to reduce cost
of labor and materials in the fabrication and long-term maintenance. At the regular business
meeting, staff will briefly present an overview of the concepts and ideas for the replacement of the
specific gateway sign at Flagstaff as well as thoughts and ideas related to other locations on the
system that this infrastructure might be beneficial. The proposed new sign uses the existing stone
foundation base and simply replaces the painted wood with steel that resists fire, wind and other
environmental factors while incorporating colors and font styles that are characteristic of OSMP
signs manual and more visually compatible with the surrounding landscape. The images below
indicate the existing (top image) and proposed (bottom image) sign:
Agenda Item 6A - Page 4
Sign Program
Rear View looking east:
Questions for the board:
•Does the OSBT have any questions regarding the purpose and role of the signs team or what
guides the critical functions of the workgroup?
•Does the OSBT have any questions or feedback about the current focus areas and priorities
for the team?
•Does the OSBT have any feedback related to the replacement of the failing infrastructure and
approach for standardizing gateway signs including the flagstaff gateway sign?
Agenda Item 6A - Page 5
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Open Space Board of Trustees
Dan Burke, Director, Open Space and Mountain Parks
Heather Swanson, Interim Deputy Director of Resource and Stewardship
Adam Gaylord, Recreation Stewardship Supervisor
Lisa Goncalo, Recreation Management Coordinator
Ryan Prioreschi, Wildlife Ecologist
August 9, 2023
Written Information: Update on Seasonal Leash Restriction for the Protection of Bears
________________________________________________________________________
The results of the 2014-2018 Voice and Sight Tag Monitoring Report, presented to OSBT on October 14,
2020, found that while the overall leash and tag compliance rate for Voice and Sight Tag trails was 89%,
annual compliance levels for seasonal leash use ranged from 56% (n=171, 95% CI, 49 to 64) to 62%
(n=209, 95% CI, 56 to 69). Since that time, staff has communicated to the board on its efforts to increase
compliance through the following written updates:
•September 9, 2021: Written information in the board packet detailing actions taken within
existing policy to increase compliance with the seasonal leash regulation.
•March 9, 2022: Written information in the board packet on staff efforts to increase compliance
for seasonal leash through signs, targeted outreach and patrol efforts by Rangers and
Volunteers and direct messaging to dog guardians.
•August 10, 2022: Written information in the board packet on existing policy guidance, how the
landscape has changed over time, and a commitment to assess current bear habitat and
visitor use.
This memo will provide further detail on the high-level assessment of bear habitat that was done in in the
Fall/Winter of 2022 from Baseline Road to South Mesa, some planned changes for 2023 implementation
and anticipated next steps.
Background:
To protect bears, dogs, and dog guardians in areas where there is believed to be a higher probability of
encountering bears, OSMP enacts seasonal leash requirements through City Manager Rule 8-3-3.C (22).
The on-leash requirement locations are shown on the map in Appendix A. This requirement goes into
effect every year from August 15 to November 1 at five locations:
1.Portions of the Gregory Canyon Trail
2.Saddle Rock Trail
3.Amphitheater Trails
4.Skunk Canyon up to the Mesa Trail
5.The upper part of the Doudy Draw Trail
The leash requirement was timed to coincide with the period of the year when bears are most active. This
is when bears are spending a large proportion of their time foraging to reach sufficient weight to enter
hibernation and successfully survive the winter. Repeated disturbance of feeding bears can lead to
decreased over-winter success or can push bears to seek other food sources (potentially within city
limits). Staff consider reductions in potential bear-dog interactions to be beneficial to bear populations. In
addition, interactions between visitors or dogs with bears can be stressful or dangerous for both bears
and the visitors and their dogs.
Operational Evaluation:
Written Information – Item A – Page 1
The trail locations and duration for the temporary leash restriction pre-dated the Visitor Master Plan
(VMP) that was adopted in 2005. The VMP and the West Trail Study Area Plan (WTSA) in 2011 both
formally adopted these restrictions. Since that time, the OSMP system has changed through natural
events like the 2013 flood event and fire, and through designed trail improvements and re-alignments. It is
important that a leash restriction for the protection of bears, accurately reflects the existing conditions on
the ground, 12 years since it was re-affirmed in the WTSA.
To help understand the current state of drainages that provide high quality habitat for bears, Wildlife
Ecologist Ryan Prioreschi completed a high-level assessment of bear habitat in the Fall/Winter from
Baseline Road to South Mesa. This assessment provides a general sense of low/medium/high fall bear
foraging habitat quality and will help inform where the need to protect bears is the highest.
Bear Habitat Assessment:
The Bear habitat assessment consisted of four parts: 1) Vegetation data analysis using Geographic
Information System (GIS) data, 2) examination of arial photography, 3) Examination of west TSA Bear
habitat suitability modeling, 4) OSMP staffs combined knowledge of considered habitat areas.
Staff found that many of the trails with an existing seasonal leash requirement, overlap with high quality
bear habitat as outlined by the WTSA’s black bear highly suitable habitat modeling. Our vegetation data
further corroborates that assessment as well as staff knowledge of the area. However, there are a few
discrepancies where a seasonal leash restriction is in place that is not consistent with what staff would
currently consider high quality habitat. There are several reasons for this.
One reason is due to trail reroutes. Some trails have been rerouted, but the seasonal leash requirement
was never updated, so the current start and end points of the seasonal leash requirements are in ill-
defined locations, like in the middle of a trail. By having clearly defined sections of trail, rangers and
members of the public can more easily understand the regulations, but this may not align with high quality
bear habitat. Finally, some of the seasonal leash requirements predate the Open Space and Mountain
parks merger and information of why certain areas were chosen for seasonal leash requirements is
unclear and possibly not habitat related. These areas may have been chosen due to high bear activity
which this GIS exercise could not fully examine.
This current assessment was largely a GIS exercise that staff considered high quality and is sufficient for
the current information needs. However, further ground truthing, information gathering, and data
examination may be needed to fully understand bear use in the seasonal leash required areas.
Planned Changes in Seasonal On-Leash Requirements to Protect Bears:
In examining the data for the regulations, it became obvious to staff that one area in particular, around the
Baseline, Meadow and Bluebell Baird trails at Chautauqua, has a starting and ending point for the
regulations that does not line up well with bear habitat and is not currently functioning to make regulations
easy for visitors to understand. As a result, staff plan to move the starting and ending points of the
regulations on these trails to correspond with trail intersections and to more accurately overlap with the
highest quality habitat. These changes are shown in Appendix B. This change will occur when the
seasonal restrictions go into place on August 15, 2023.
Anticipated Next Steps:
Through the high-level analysis of bear habitat in relation to seasonal leash requirements, staff identified
additional data that would be useful to evaluate and some potential changes to the regulations to be
considered for future years. Additional ground-truthing of bear habitat value, visitor and dog behavior
within leash areas may provide information on areas for improvement in the existing regulations. Some of
these improvements may include updating seasonal leash locations to best line up with high quality bear
and other species habitat, updating the duration of the regulations to more closely match observed
activity patterns of bears in the fall, and exploring the opportunity to update dog regulations in the West
TSA to be in line with natural resource protection values, to increase compliance, and enhance the visitor
experience. Staff will gather additional information and explore options in 2024 with appropriate
stakeholder involvement and discussion with the OSBT. Depending on work planning and other work
Written Information – Item A – Page 2
priorities, staff hope to begin this work in fall 2023 (habitat data ground-truthing) and continue in 2024-
2025with evaluation of potential modifications.
Attachments
•Attachment A: Map of system-wide location of seasonal dog-on-leash regulations to protect
foraging bears
•Attachment B: Map of planned changes to start and stop locations of seasonal dog-on-lease
regulations on the Baseline, Meadow and Bluebell Baird Trail
Written Information – Item A – Page 3
Attachment A: Map of system-wide location of seasonal dog-on-leash regulations to protect foraging
bears
Attachment A
Written Information – Item A – Page 4
Attachment B: Map of planned changes to start and stop locations of seasonal dog-on-lease regulations
on the Baseline, Meadow and Bluebell Baird Trail
Attachment B
Written Information – Item A – Page 5