Loading...
09.19.01 OSBT Minutes Agenda Item 1B, Page 1 1 Approved OPEN SPACE BOARD OF TRUSTEES Minutes September 19, 2001 BOARD MEMBERS PRESENT Chris Mueller Sean Kendall Larry MacDonnell Linda Jourgensen STAFF PRESENT Delani Wheeler Dave Kuntz Ronda Romero Cecil Fenio Jim Crain Mike Patton Jim Tydings Jim Reeder Ann Goodhart Linda Vandervort Joe Mantione Christopher Downham Steve Mertz Eric Butler CALL TO ORDER The meeting was called to order at 6:00 p.m. AGENDA ITEM 1 – Approval of Minutes No minutes were available at this time. AGENDA ITEM 2 – Director’s Update Mike Patton introduced Steve Mertz and Topher Downham who wished to pay respects to a former volunteer, West Brownlow. West was an active member in the community who recently died. Mike Patton gave an update about bear activity and showed on the map where the current trail closures exist. There has been significant increase in bear activity. The trails of concern are parts of Mesa, McClintock and Big Bluestem. Because of the abundance of berries, the bears are concentrating in specific areas. Mike expects the bears to move as they deplete the food sources. He reminded the Board that Colorado is a two strike state, meaning that if a bear is involved in a second incident it is destroyed. The intention of the department is not only for public safety but also for the safety of the bears. The department is recommending that dogs be kept on leash, that everyone stay on the trails and that to minimize the possibility of any contact with bears one should hike in the northern and eastern parts of the OSMP system. Staff and volunteers have set up education tables, signs have been posted and some barriers have been erected. Jim Crain introduced the City Manager, Ron Secrist, who presented a BRAVO award to Eric Butler. Ron explained that the award is given to employees who have provided extraordinary customer service. Eric was nominated for the award because of his heroic acts at the scene of a serious auto accident. Staff and the Board congratulated Eric. Delani Wheeler presented the CU south property plan to the Board showing some of the Agenda Item 1B, Page 1 2 details on a map. She assured the Board that at this time the plans are conceptual and that no buildings would be constructed prior to 2008. Some of the playing fields function as water retention areas in the event of a flood. The department is concerned with keeping sensitive areas on the parcel protected and will be giving their comments to the university during their review process. Board members would like to have the opportunity to evaluate and collaborate with staff in the development of these comments. Mike Patton presented an update on the trail connectors that have been a focal point for the department this summer. The Cottonwood trail has been completed. Due to unsuccessful negotiations with the state, the alignment for the Coalton to Greenbelt Plateau connector along Highway 128 has not yet been agreed upon. Mike believed that a decision would be made this fall so that work on this trail could begin next spring. Jim Reeder described the Greenbelt to Flatiron Vista trail connector, which utilizes an underpass, as providing a safe crossing for visitors under Highway 93 and serves as an important link connecting the eastern and western parts of the trail system. He showed the Board where a fence would be constructed to discourage movement across somewhat sensitive areas adjacent to the trail. Mike added that the department is also working on an agreement with the Farmers’ Reservoir and Irrigation Company (FRICO) to use an existing underpass, also under Highway 93, that would connect the Marshall Mesa and Community Ditch trails. Chris Mueller thought that the Coalton to Greenbelt Plateau alignment decision should not be made without consulting PLAN Boulder and BATCO. It should also be brought before the public prior to Board approval. Sean Kendall questioned the protection of the prairie dog colony. Mike assured him that the proposed fence should provide an adequate barrier for dogs and people. He also described how the trail proposals could relieve some of the parking and congestion problems in that popular area. AGENDA ITEM 3 – Matters from the Board Chris Mueller asked Board members for their comments on the guest editorial that he distributed. He wrote this in support of the proposed charter change to keep the acquisition function within the department. AGENDA ITEM 4 – Public Participation/Items Not on the Agenda Don Glen, 658 Furman, commended the department for its promptness in posting signs for closures but was concerned about how quickly the signs are removed by citizens. He also verbalized his appreciation for the timely removal of the Canada thistle from the property near the CU parcel. Mike Patton told Don and the Board that closure signs usually last from 24 to 36 hours and then must be reposted. Chris Mueller suggested adding some wording to the signs that would encourage people to leave them alone. Linda Jourgensen believed that a letter to the editor calling attention to this problem might also be effective. Don reminded the Board that the BOCO planning commission meeting will be continued on October 17, when public input will be allowed. Bruce Bland, 1340 Lehigh, reflected the concerns of PLAN Boulder regarding the trail alignment along Highway 128. He told staff and the Board that they will return with suggestions after the negotiations are finished and the plan is more complete. He expressed his hope for a public meeting to discuss the trail connector plans. Sean Kendall requested a field trip to see the areas of concern and Jim Crain suggested September 27 from 2 – 5 p.m. Mike Patton assured Bruce that more trail information will be provided at Agenda Item 1B, Page 1 3 the October 10 Board meeting. AGENDA ITEM 5 – Preliminary Review of the Draft Sombrero Marsh Site Management Plan. Joe Mantione, Environmental Planner, asked that the Board review the preliminary draft management plan for Sombrero Marsh. Joe gave a visual presentation and summarized the project goals, project components, and how the area will be used within the context of the guiding philosophies. The primary objective will be to restore and protect the marsh and to provide a quality corresponding educational program with appropriate facilities. Joe stressed the unique character of the marsh and its associated species. It is one of only two prairie potholes in the Boulder Valley and provides an important habitat for migrating birds. He enumerated several management strategies planned to maximize protection of regions both within and outside the Environmental Preservation Area. This includes daily use restrictions and seasonal closures for nesting birds. The department is in discussion with the Boulder Valley School District and there are still decisions to be made regarding accessibility and security. Jim Crain stressed the department’s resolve to allow public access to the educational center. He reminded the Board that some of the funding for the project was gained under the premise that it would be open to the public. Sombrero Marsh has been the focus of much volunteer activity. Replanting native grasses, construction of boardwalks and a viewing blind are some of the projects taken on by volunteers. Overall, Board members felt that the department is moving in the right direction with the site management plan. Areas of concern were problems with accessibility – not only the lack of available parking but the ability of entering the area during restricted times. Larry MacDonnell said that he felt comfortable with use restrictions, but was concerned about the expense involved in keeping the project managed appropriately. Sean Kendall questioned how easy it would be for dogs to enter the area from the residential district east of the marsh. Joe thought that the East Boulder Ditch provided an adequate barrier protecting the more environmentally sensitive areas. Chris Mueller suggested that the educational program provide teacher training and resources but it should avoid dictating how the information is presented in the classroom. He was also concerned about the production of hydrogen sulfide gas and thought it would be important that the smell never gets any worse than it has been in the past. Public Participation Ricky Weiser, 4020 N. 75th., has known the area for a long time and was very pleased with the work that has been done. She did recommend the need for close supervision and careful management of the project. She thought that a supervisory connection with the OSMP Department should be maintained to facilitate this. Bruce Bland, 1340 Lehigh, liked the plan. He did express his concern for the management of the marsh and facilities. He believed that it would require rangers patrolling the area on a regular basis. Return to Board & Staff No formal Board action is requested at this time. AGENDA ITEM 6 – Consideration of acceptance of a Storm Water and Flood Agenda Item 1B, Page 1 4 Conveyance and Open Space Conservation Easement over approximately 31 acres of land located at the Northeast corner of Foothills Parkway and Arapahoe Avenue as a condition of annexation of the property owned by Boulder Community Hospital (hereafter referred to as “BCH”) and a $50,000.00 contribution towards the stewardship of the conservation easement. Ann Goodhart presented this agenda item by describing the plans for the hospital construction as well as the associated offsite flood mitigation improvements. The proposal offers a large section of the BCH parcel to serve as a stormwater and flood conveyance under the conditions of a conservation easement that was being offered to the department. Jim Crain explained that the proposed conservation easement will save the area from ever becoming a gravel quarry. He clarified that although the hospital retained the right to drill (for oil or gas) beneath the property the easement agreement would prevent any surface disturbance. Ann described the conservation easement as protecting a valuable riparian area at the confluence of Bear Canyon Creek and Boulder Creek. The area is also prairie dog habitat. An issue of concern to several members of the public was the expansion plan for a berm along Harrison Avenue. Jim described the plans for the berm expansion and told citizens that the berm will eliminate the need for the construction of a concrete channel. He assured the citizens that although the expansion may require the removal of some trees, most of the trees would remain intact and they would gain critical flood protection for the nearby residential area. John Ewy, civil engineer retained by the hospital, explained how a small part of MacArthur Drive will not be protected from floodwaters despite the berm improvements. A member of the public suggested that by fixing an existing culvert floodwaters may successfully drain from that area. Some citizens were concerned that the hospital’s plan to add elevation to a portion of their site would exacerbate the effects of flooding in the residential area nearby. Jim clarified that the law will not allow any construction that would cause an increase of the flooding potential in another area. He also reminded the Board that with these agenda items they were being asked to dispose of some property along Harrison Avenue for berm improvements and to accept the conservation easement over the 31 acres on the BCH parcel. They were not being asked to make decisions regarding other flood improvement projects or the development of the hospital site. John Ewy gave a detailed description of the physical aspects of the berm in response to citizen questions regarding its visual impact and how it would effect the properties adjacent to it. He also explained that flapgates on existing storm drains should eliminate the problem of water back up. There was some confusion as to who would be responsible for the installation and maintenance of the flapgates since some of them might be located on the homeowners property. Ann added that the berm will be revegetated with native plant materials. She then gave a slide presentation that enabled homeowners to pinpoint, visually, their areas of concern. Ann thanked Linda Vandervort for all of her work in developing the conservation easement. Chris Mueller invited representatives from the hospital to add any comments to the presentation. Joe MacDonald, Vice President of the hospital, told staff and the Board that in working toward solutions to problems inherent to the hospital site, they decided that some flood improvements could be made to benefit the entire area. In response to questions from Chris, Jon Kottke, a member of the hospital board, verified that the hospital was a nonprofit organization and was in support of the proposal that was being presented Agenda Item 1B, Page 1 5 to the OSBT. Jon also expressed his delight in working with Linda Vandervort and commended her on her hard work. He told the Board that there were some drainage issues in the location of the proposed trail easement that have not yet been resolved but they were getting great cooperation from Ball Aerospace which may allow the trail easement on its property. Linda Vandervort stressed that this conservation easement is a donation to the department and will be a great addition to the system. Larry McDonnell asked for clarification regarding how changes on the hospital site shaped the possible flood mitigation choices for the area. John Ewy explained the alternatives and the reasoning behind the proposed plan. Jon Kottke assured the Board that the fill dirt would not be taken from the conservation easement area but would be brought in from other construction sites in Boulder. He also explained how the new hospital will be accessible from the east even if a flood blocks some of the nearby roads. Chris Mueller was concerned about the department’s role in acquiring this donation of land and money from a nonprofit organization that is an important asset to the community. He hoped that the department was not overly coercive in its pursuit of this property. Sean Kendall asked about the management plans for this parcel. Ann told him that there are management issues that have not yet been resolved. If the land is used for pasture, there will be no grazing allowed in the riparian area. Public Participation Bruce Bland, 1340 Lehigh, spoke as a representative of PLAN Boulder which, in general supports the proposal and recognizes the efforts and forward thinking of the hospital in this plan. He told the Board that they have two major areas of concern: environmental and public safety. The property is part of an important migration corridor for wildlife and any plans should address and accommodate this function. The riparian area, and in particular habitats that may support Preble’s jumping mouse and spiranthes, should be restored and protected. Bruce asked that they also consider fencing to keep dogs out of the area. The organization would like to see a restoration project on the property that would eliminate the weeds and replace them with native plants. Regarding public safety, PLAN Boulder believes it is of utmost importance to remove homes from the floodplain but also admits that flood studies need to continue because no one really knows how much floodwater is possible. They are also concerned that floodwaters could jeopardize access to the hospital. PLAN Boulder hopes that the Board will consider these concerns as they approve this proposal. Ricky Weiser, 4020 N. 75th St., described herself as a “downstream resident” who hopes decisions about water are made very carefully. She voiced her concern about the traffic problems in the area and thought that they should be remedied before the new hospital is opened. Dan Barela, 4400 Aaron Pl., asked about the time frame for the construction of the berm along Harrison. John Ewy said that work on the berm will probably begin in January. He directed questions about the berm to Alan Taylor. Agenda Item 1B, Page 1 6 Rima Manas, 1256 Harrison Ct., asked that the berm be completed quickly and be made so that it looks good. Return to Board & Staff Jim Crain said that the financial donation from the hospital will be used for the management of the parcel including restoration expenses. Staff will work with the hospital in developing a management plan. Regarding concerns about dogs entering the area, Jim told the Board that there will be no public accesss to the area so there should be no dog issues. The only access will be the trail connection in the northeast corner of the parcel. MOTION Linda Jourgensen moved that the OSBT recommends that the city council authorize acceptance of a Storm Water and Flood Conveyance over 31 acres and Open Space Conservation Easement over approximately 26 acres and a $50,000.00 contribution towards stewardship of the Open Space Conservation Easement. Sean Kendall seconded the motion. VOTE The motion passed unanimously. AGENDA ITEM 7 – Consideration of the disposition of approximately 22,000 square feet of Open Space land known as the Hatch Property, located just east of Harrison Avenue for flood improvement purposes. It was clarified that the berm will protect the residential area from a 100 year flood but pro- bably not a 500 year flood. Larry MacDonnell questioned to whom the land was being dis- posed. Ann Goodhart said that it was really more of an easement to the city for flood con- trol and that the land remains as property of the city. Jim said that a letter of understanding will serve as the document which allows the change in use for the strip of land in question. Chris Mueller thought that it is appropriate for the department to accommodate flood con- trol improvements by allowing the berm to be built on its property. Sean Kendall asked who would be responsible for planting the trees, etc. on the berm. Jim affirmed that the department would be providing the plan for flood control to use for revegetating the berm using native grasses and other native plants. Public Participation Rima Manas, 1256 Harrison Ct., wanted assurance that the responsibility of this strip of land is not passed back and forth between departments. Jim Crain told her that it remains as the responsibility of the city and the letter of understanding will include provisions for its maintenance. In response to her question about the time frame for the berm construc- tion, Joe MacDonald told her that if they are able to keep on schedule groundbreaking should occur in November and the berm construction would occur in the month of March, 2002. Mike Kaplan, 1506 Harrison Ave., suggested getting neighbors involved in the landscaping plans for the berm. Jim Crain confirmed that a meeting will be scheduled. Dan Barela, 4400 Aaron Pl., asked about the responsibility of the homeowners for any liability issues that may occur on the easement property. He was referred to Jim Tydings Agenda Item 1B, Page 1 7 who would be able to give him legal guidance. Return to Board & Staff Larry MacDonnell reconfirmed the intention of the department to take proper care of the property. He did recognize the potential for confusion as to who would be ultimately responsible for maintaining the property. Jim Crain told him that the staff would work with the city attorney’s office and put together a memorandum of understanding that will include these provisions. Jim also clarified that if flood control wanted to do anything to the land that was not included in the letter of understanding they would have to make a formal request to the Board. MOTION Larry MacDonnell moved that the OSBT recommends that the city council authorize the disposition of approximately 22,000 square feet of the Hatch Property for flood improvements. Linda Jourgensen seconded it. VOTE The motion passed unanimously. ADJOURNMENT – The meeting adjourned at 9:25 p.m. These draft minutes were prepared by Cecil Fenio.