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City Council Chambers, 1777 Broadway, Boulder, CO 80303

6:00 p.m., April 2, 2018

All agenda times are approximate Boulder Parks & Recreation
I. APPROVAL OF AGENDA (6:00) Advisory Board Members 2018


Tom Klenow
This portion of the meeting is for members of the public to communicate ideas or concerns Jennifer Kovarik
to the Board regarding parks and recreation issues for which a public hearing is not scheduled Tyler Romero
later in the meeting (this includes consent agenda). The public is encouraged to comment on Raj Seymour
the need for parks and recreation programs and facilities as they perceive them. All speakers Kelly Wyatt
are limited to 3 minutes. Depending on the nature of your matter, you may or may not receive
Valerie Yates
a response from the Board after you deliver your comments. The Board is always listening to
and appreciative of community feedback.
Mission Statement
IV. CONSENT AGENDA (6:10) BPRD will promote the health and well-­
A. Approval of minutes from February 26, 2018 being of the entire Boulder community
by collaboratively providing high-­quality
B. Parks and Recreation Development and Operations Update parks, facilities and programs.
A. Public Hearing and Consideration of a Motion to Approve a License Vision Statement
Agreement with Boulder County Farmers Market We envision a community where every
member’s health and well-­being is
VI. ITEMS FOR DISCUSSION/INFORMATION (6:20) founded on unparalleled parks, facilities
A. Three Year Agreement for Contract with BVSD Regarding and programs.
Collaborative Efforts for Summer Learning and YSI
B. Urban Forest Strategic Plan Goals of the Master Plan
1. Community Health and Wellness
VII. MATTERS FROM THE DEPARTMENT (7:00) 2. Taking Care of What We Have
3. Financial Sustainability
A. Proposed Xcel Energy Property Rights Agreement 4. Building Community
B. Universal Design Project (Growing Up Boulder) (verbal update) 5. Youth Engagement
6. Organizational Readiness


A. PLAY Foundation Update (verbal update)
For more information on BPRD Master
B. New PRAB Member Orientation/Mentor (verbal update) Plan visit the City of Boulder web site
C. PRAB Community Engagement Updates (verbal update) at:
D. Outgoing Board Member Comments (verbal update)

IX. NEXT BOARD MEETING: April 23, 2018


100 Years of Excellence


Future Board Items 2018

January 22 February 26 April 2

• Service Delivery Update (d/i) • Boulder County Farmers Market • Boulder County Farmers Market
License (a) License (a)
• Public Restrooms in Parks (d/i)
• Boulder County Farmers Market • Agreement with BVSD Regarding
• Boulder County Farmers Market
Update (d/i) Collaborative Efforts for Summer
• Scott Carpenter McCarty Ditch Learning and YSI (d/i)
• PRAB Letter to Council Update (mb)
Easement (d/i) • Urban Forest Strategic Plan (d/i)
• Board Recruitment (mb)
• Updates to the Integrated Pest • Xcel Energy Property Rights
• PRAB Community Engagement (mb) Management Policy (d/i) Agreement (md)
• PRAB Community Engagement (mb) • Universal Design Project (md)
• PLAY Foundation Update (mb)
• New Member Orientation (mb)
• PRAB Community Engagement (mb)
• Outgoing Member Comments (mb)

April 23 June 4 June 25

• Board appointments (p) • 2019-24 CIP (2nd touch) (d/i) • Tour of Foothills Pedestrian
• Flatirons Golf Course Concessions Underpass Project (p)
• Election of officers (p)
Contract Renewal (d/i) • Civic Area Activation (c)
• First meeting for new Board
members (p) • Foothills Parkeway Bicycle and • Access Update (c)
Pedestrian Underpass (md) • 2019-24 CIP (3rd touch) (a)
• Harbeck House Update (c)
• PRAB Community Engagement (mb) • Operating Budget and Fees (d/i)
• Agreement with BVSD Regarding
Collaborative Efforts for Summer • Alpine/Balsam - East Bookend
Learning and YSI (a) Planning (md)
• Urban Forest Strategic Plan (a) • PRAB Community Engagement (mb)
• Easement Through Scott
Carpenter Park (a)
• 2019-2024 CIP (1st touch) (md)
• New Member Orientation (mb)
• PRAB Community Engagement (mb)

July 23 August 27 September 24

• Boulder Creek Festival Update (c) • CIP 2019-2024 Update (c) • Three Year Agreement for Sports
• Recreation Activity Fund (RAF) Officiating (a)
• Commercial Use (c or d/i)
Sustainability and Fees (d/i) • PRAB Retreat Agenda Review
• PRAB Community Engagement (mb)
• Three Year Agreement for Sports (mb)
Officiating (d/i) • PRAB New Member Application
• PRAB Retreat (mb) Review (mb)

• PLAY Foundation Update (mb) • PRAB Community Engagement (mb)

• PRAB Community Engagement (mb)

100 Years of Excellence


Future Board Items 2018 - continued

October 22 November 26 December 17

• 2018 Operating Budget and • Capital Project Update (md) • Asset Management Plan (md)
Recreation Fee Update (md) • PRAB Retreat Follow Up (mb) • Finalize 2019 PRAB Work Plan (mb)
• PRAB Retreat Follow Up (mb) • PRAB Goals for City Council Work • PRAB Community Engagement (mb)
• PRAB Community Engagement (mb) Session (mb)
• PRAB Community Engagement (mb)

Procedural Item: (p): An item requiring procedural attention
Consent Item (c): An item provided in written form for consent, not discussion by the Board; any consent
item may be called up by any Board member for discussion during the matters
from the department
Action Item (a): A public hearing item to be voted on by the Board (public comment period provided)
Disc/Info Item(d/i): An item likely to become a future action item (or council item) and/or that benefits from
an in-depth presentation of background, financial/social/environmental impacts, public
process, staff analysis and next steps (e.g., presentation of major project initiative)
Matters from Dept (md): Items that will be reviewed and discussed during the meeting but not requiring the level
of in-depth analysis of an action or discussion/information item
Matters from the Bd (mb): Items initiated by the Board that will be reviewed and discussed during the meeting but
not requiring the level of in-depth analysis of an action or discussion/information item

100 Years of Excellence


COMMUNITY TOUCHES - The City has recently been working on an update to the calendar of all city events
for community use. Please view the calendar online for all of the latest updates for upcoming events. We are
encouraging staff and the community to be aware of and use the new tool.
The event list can be filtered to see only Parks and Recreation events by choosing ‘Recreation’ from the dropdown
menu at the top of the page, and then clicking on the submit button.

If you would like more information about any of the events, just use the link above and select the event you are
interested in. Additional information will appear at the botton of the page with a link directly to the event web page.

Below is a sample of what you will see, once filtered. For live links or the most up to date information, please use the
link above.

100 Years of Excellence


100 Years of Excellence

To listen to the Parks and Recreation Advisory Board meetings in their entirety, please go to the following link:

Name of Board/Commission: Parks and Recreation Advisory Board

Date of Meeting: February 26, 2018
Contact Information Preparing Summary: Sarah DeSouza, 303-413-7223
Board Members Present: Tom Klenow, Kelly Wyatt, Marty Gorce, Valerie Yates, Raj Seymour, Tyler
Board Members Absent: Jennifer Kovarik
Staff Present: Yvette Bowden, Jeff Haley, Doug Godfrey, Ali Rhodes, Jeff Haley, Mora Carrillo, Bryan
Beary, Keith Williams, Maxen Jones, Joanne Bloom, Rella Abernathy.
Guests Present: None
Type of Meeting: Advisory/Regular
Agenda Item 1: Call to Order
The meeting was called to order at 6:00 p.m.
Agenda Item 2: Future Board Items and Tours
Bowden reviewed upcoming community touch opportunities. These events can be found at
Agenda Item 3: Public Participation
Greg Brown, city resident representing a pickleball user group, spoke to the Board about community
interest in pickleball.

Theresa Szeliga, city resident representing Colorado Junior Crew, spoke to the Board about the interest on
the new boat house at the Boulder Reservoir.
Agenda Item 4: Consent Agenda
A. Approval of Minutes from January 22, 2017
Minutes from January 22, 2017 were approved as written.

B. Parks and Recreation Development and Operations Update

PRAB members shared the following questions and comments about this item:

PRAB had no comments or questions about this item.

Agenda Item 5: Action Item
Public Hearing and Consideration of a Motion to Approve a License Agreement with Boulder
County Farmers Market
This item was postponed until the March PRAB meeting (April 2, 2018)

Agenda Item 6: Discussion/Information Item

A. Boulder County Farmer’s Market Contract Update
Bowden presented this item to the Board.
PRAB members shared the following questions and comments about this item:
• Why is it moving to City Vitality Group to Parks (connection to the Civic Area)
• Is there any risk to the Farmers Market to move to a one year contract? They have always operated
on a one year contract?
• Support for a multi-year contract with the Farmers Market moving forward.
• Are there any changes? Main issue: multi year, what city contributes inkind and monetary;
restrooms; operational and financial changes; set up; space sharing;
• If multi year, can council be provided with a heads-up that this contract will be coming before

B. A Discussion of the Need to Provide an Easement Through Part of Scott Carpenter Park to
Facilitate the Relocation of the McCarty Ditch Due to Impacts Resulting from the Future
Redevelopment of the Aquatics Facility at Scott Carpenter Park
Doug Godfrey presented this item to the Board.
PRAB members shared the following questions and comments about this item:
• Location of the ditch relative to Broadway.
• Beneficiaries of ditch water.
• Release location of the ditch.
• Will ballfield outfield be adjusted to accommodate the ditch?
• Appreciation for staff outreach to park users.
• Did user groups voice concerns?
• Is part of the ditch located underground?
• Does the aligment require any digging?
• Is the relocation entirely the department’s responsibility?
• Costs associated with relocation and source of funding.
• Timing of the action item being presented to the Board.
• Appreciation for work being accomplished prior to the initiation of the project.

C. Update to the Integrated Pest Management Policy and Related Programs

Rella Abernathy presented this item to the Board.
PRAB members shared the following questions and comments about this item:
• Appreciation for the work being accomplished by the IPM group.
• Suggested giving educational material to residents in case there are still concerns about the current
IPM process.
• Can residents with gardens reach out for assistance and/or education in regards to the Boulder
Pollinator Garden Project?

D. 2017 Master Plan Progress Report/Overview of 2018 Priorities

Allison Rhodes presented this item to the Board.
PRAB members shared the following questions and comments about this item:
• Appreciation of the video and request for more city holiday lighting photographs.
• Request for the presentation to be provided to City Council.
• Boulder is privileged to have the funds to invest in recreation and city programs and the PRAB
wants to ensure that staff continues to have necessary resources to support training and learning.
• Appreciation of the department following their commitment to meet the Master Plan goals.
• Appreciation for the quality of the presentation and included data.
• Recognition that the Board has become more engaged in the department’s work resulting in
increased support of the department.

Agenda Item 7: Matters from the Department

No items this month.

Agenda Item 8: Matters from the Board

PRAB Community Engagement Updates

• Board members attended the following activities/meetings/tours: Meetings with interested
community members, Walk with a Doc, the Volunteer Appreciation Dinner, park visits (Scott
Carpenter and Tantra), Play Foundation, Chautauqua sidewalk and road inspection, Snow Much
Next Board Meeting: April 2, 2018

Adjourn: There being no further business to come before the Board at this time, the meeting was adjourned
at 7:44 p.m.

Approved by: Attested:

_________________________ ________________________

Tom Klenow Sarah DeSouza

Board Chair Board Secretary

Date _____________________ Date ____________________

TO: Parks and Recreation Advisory Board

FROM: Yvette Bowden, Director, Parks and Recreation

Ali Rhodes, Deputy Director
Jeff Haley, Planning, Design and Community Engagement Manager

SUBJECT: Consent Agenda

DATE: April 2, 2018

A. Approval of Minutes from February 26, 2018

B. Parks and Recreation Development Update

The following information is intended to provide the PRAB with relevant updates on specific
projects as they reach major milestones. This section is not all inclusive of all current projects
and only illustrates major project updates. For a complete list of all current projects and details,
please visit

Planning and Design

The following projects are currently in the planning and design process that involves research,
alternatives analysis, public involvement and development of planning documents and design
plans to guide decision making and future capital improvements.

• Engagement Coordination Committee: There will be two citywide open house events
in 2018, one in the spring and one in the fall. The event team is happy to announce that
planning has kicked off for the first event on April 30. This is a unique opportunity for
the community to learn about a variety of the city’s top projects and services in an
enjoyable atmosphere. Many departments participate by providing clear timelines,
impacts and engagement opportunities for projects along with information to better
understand the services that are available and how to connect with them.

• Flood and Greenways – Public Works: The City’s Flood and Greenways Division of
Public Works is currently in the process of developing master plans to find opportunities
to mitigate possible flood impacts on several different tributaries throughout the city.
Upper Goose Creek is one of the creeks that Flood and Greenways is currently studying.
A description of the Flood and Greenways’ planning efforts can be found here.

The study for Upper Goose Creek begins at North Boulder Park and looks at mitigation
alternatives from North Boulder Park to where Goose Creek combines with Two-mile
Canyon Creek in the vicinity of Edgewood Dr. and 24th St., just west of Folsom St.

3198 Broadway, Boulder, CO 80304 | | O: 303-413-7200

An initial step in this process was to develop conceptual alternatives for how flood
impacts could be mitigated. These alternatives were shown at a public meeting held on
March 19, 2018. The open house was immediately followed by a Water Resources
Advisory Board (WRAB) meeting where WRAB and members of the public provided
feedback and recommendations on the proposed alternatives. A copy of the March 19,
2018 WRAB memo regarding this item can be found here. The public will have the
opportunity to provide comments on the alternatives through April 8, 2018.

PRAB is being provided with an update on this item as one of the alternatives being
considered is a detention facility in the southern portion of the park. Any impacts to
North Boulder Park and current park uses would need to be addressed and mitigated as
part of any plan. Department staff and the PRAB will need to review and approve any
alternatives associated with the park. Staff will continue to provide the PRAB with
updates as the project progresses.

At this point in the Flood and Greenways planning process nothing has been decided nor
finalized. The next step will be to review and assess the feedback and refine the
alternatives and develop recommendations. Part of this process will be to determine if
there are new alternatives that should be considered. The most current timeline for the
flood mitigation study can be found at the project website or here.

• Scott Carpenter Outdoor Pool Redevelopment Project: Staff presented a discussion

item to the PRAB at the February meeting related to the need to provide an easement and
associated with the disposal of park property at Scott Carpenter Park. This disposal and
easement are necessary to realign the McCarty Ditch that, in its current location, will
conflict with proposed aquatic improvements at the park.

At the time of the February meeting, staff had reached out to CU, a shareholder on the
McCarty Ditch, for their comments and feedback on the proposed alignment, but had not
received any comments. Staff has since received feedback and will need additional time
to address and incorporate CU’s comments into the agreement. Staff is currently working
with the City Attorney’s Office (CAO) and the Water Resources group to revise the
alignment and agreement.

Staff currently plans to bring the item back before the PRAB at the June 4 (May)

• Planning Projects Underway: Staff or contractors continue to work on the following

projects and will update the PRAB as major milestones are achieved:

o Asset Management Plan;

o Beehive Asset Management Software Implementation;
o Boulder Junction Park;
o Boulder Reservoir South Shore Site Management Plan;
o Boulder Reservoir Visitor Services Center;
o Carter Lake Pipeline;
o Parks Planning, Construction, Operations and Maintenance Manual; and
o Urban Forest Strategic Plan (see items for discussion/information).
3198 Broadway, Boulder, CO 80304 | | O: 303-413-7200
The following projects are scheduled for construction, under construction or have been recently
completed. For additional details please visit

• Lighting Ordinance Compliance: Approximately eleven locations will receive lighting

upgrades to comply with outdoor lighting ordinance. The replacements are expected to be
completed by May 2018. North Boulder Recreation Tennis Court Lighting is currently in
the permitting process with anticipated installation in June.

• 2017 Neighborhood Park Renovations (Arapahoe Ridge ‘Rock’ Park, Howard

Heuston Park, and Tantra Park): The park renovations are complete and renovation
celebration planning is underway. Staff is working with community members and donors
to select dates and coordinate activities with other events occurring in the vicinity of the
parks. Tentative dates are in early May with more details provided as they become

• Construction Projects Underway: Staff or contractors continue to work on the

following projects and will update the PRAB as major milestones are achieved:

o Civic Area Park Development;

o Elks Park Arbor; and
o Foothills Community Park (OSMP led project).

Natural Lands
The following projects, focused on habitat and wildlife management in an urban environment,
are currently being managed by the Urban Resources staff:

• Natural Lands Projects Underway: Staff or contractors continue to work on the

following projects and will update the PRAB as major milestones are achieved:
o Integrated Pest Management (IPM) and Restoration;
o Natural Lands Volunteer Recruitment and Training;
o Regulations and Seasonal Wildlife Closures; and
o Urban Wildlife Management.

C. Operations Update

Boulder Reservoir
• Operations at the Boulder Reservoir continue to shift to align with the guidance outlined
in the department’s Master Plan as well as the Boulder Reservoir Business Plan. In 2017,
staff implemented a new community partnership for rental boat services at the Boulder
Reservoir during the summer season. This partnership with Rocky Mountain Paddleboard
(RMPB) was developed through a competitive bid selection process in 2016.

3198 Broadway, Boulder, CO 80304 | | O: 303-413-7200

This shift in operations allows for an efficiency by facilitating programming of rental
boat services at the reservoir through an experienced partner. As a result, users have
experienced increased quality in their rental boating experience. RMPB has effectively
increased the watercraft rentals through improved quality of service and more watercraft
available to the public. In 2017, thousands of individuals enjoyed some type of boating at
the Boulder Reservoir.

In 2018, the department will build upon 2017 by renewing the agreement with RMPB. It
should be noted that in 2018, a rental pontoon boat has been added to the inventory that
RMPB provides. One additional benefit of this agreement is that RMPB provides the use
of watercraft for all participants in the Boulder Reservoir Watersports Camp.

Boulder Reservoir staff will continue to work with RMPB this summer to provide safe,
fun boating experiences for our community.

Civic Area Activation-Related Request for Qualifications Issued

• The department issued Request for Qualification documents on March 12, 2018
associated with two efforts critical to the ongoing vibrancy of Boulder's evolving Civic
Area. One will identify potential producers for the Boulder Creek Festival and the other
will identify entities capable of installing, managing and operating a public ice rink
associated with the City's Snow Much Fun seasonal offerings. Prior production services
for both the ice rink and the Boulder Creek Festival were managed by Boulder Creek
Events. That organization as well as others will receive notice of the RFQ
posting. Selection decisions are anticipated by June 2018 with anticipated services to be
performed between 2019-2021.

3198 Broadway, Boulder, CO 80304 | | O: 303-413-7200


MEETING DATE: April 2, 2018

AGENDA TITLE: Public Hearing and Consideration of a Motion to Approve a License

Agreement with Boulder County Farmers Market

Yvette Bowden, Director, Parks and Recreation
Alison Rhodes, Deputy Director, Parks & Recreation
Margo Josephs, Manager of Community Outreach and Partnerships
Justin Greenstein, Events Manager, Parks and Recreation

This item seeks the Parks and Recreation Advisory Board’s (PRAB’s) review and
considered approval of a multi-year License Agreement with Boulder County Farmers
Market (BCFM) from April 1, 2018 through November 21, 2021 facilitating continued
offering of farmers market programming in the community.

The term of this License, if approved, would cover 34 Saturdays and 23 Wednesday each
year taking place at that portion of the public right-of-way along 13th Street between
Canyon and Arapahoe, north side of the Atrium parking lot and the Civic Plaza.

This agreement:
• Highlights and reinforces the city’s significant contribution to the Market’s
success and promotes BCFM’s continued interests as the Civic Area continues to
evolve through community planning processes;
• Extends the term from one year to four years;
• Transfers responsibility for restroom provision to the City; and
• Clarifies the required permits and approvals necessary for BCFM programs.

Established in 1987, the mission of the BCFM is to support, promote and expand local
agriculture, making fresh products accessible to our community and strengthen
relationships between local food producers and food consumers.

For close to thirty years, BCFM has produced a local farmers market on City of Boulder
property, significantly contributing to Boulder’s local foods and agriculture industries

AGENDA ITEM #_VI-A_____PAGE___1____

and to community health and vibrancy. To date, the city’s facilitation of this
programming has been documented through annual license agreements as managed by
the city’s Community Vitality Department. The city’s evolving special events processes
and Civic Area-related initiatives call for greater focus on this important relationship and,
preferably, greater stability and role clarity benefiting BCFM and the city. To that end, it
was determined that management responsibility for the contract be transferred from
Community Vitality to Parks and Recreation as operator and permit coordinator for many
of the events occurring on or nearby facilities utilized during BCFM programming.

The parties began negotiations in November 2017 which have concluded in the
presentation of the attached License Agreement (Attachment A).


Under the proposed Agreement, BCFM programming would align with the city’s Zero
Waste and alt-transportation promotion as required for other programs in public spaces
under the city’s Special Events procedures and policies.

The agreement proposes annual payments made by BCFM for use of the permitted space
which, though substantially discounted, increases by a rate of 2.7% per annum each year
during the four year-term. The proposed agreement also calls for the city (through the
department) to manage provision of public restrooms on the Civic Area East Bookend
site, an expense BCFM formerly absorbed. In anticipation of this shift, BCFM would
make a flat annual payment to the city to offset some of the city’s expenses associated
with restroom provision and servicing.

Staff time:
Existing staff will manage all aspects of this License Agreement’s city responsibilities.


Suggested Motion Language:

Staff requests PRAB’s consideration of this matter and action in the form of the
following motion:
Motion to approve the Agreement between the City of Boulder’s Parks and Recreation
and Boulder County Farmers Market and authorize the City Manager to make minor
amendments prior to or during the term of this agreement in order to ensure that the
market is managed in a manner that is consistent with applicable laws and the policies
and regulations of the City of Boulder.

Staff will consider the PRAB and public’s feedback and make any necessary revisions to
the proposed agreement. If approved, staff will present BCFM with a final version of the
Service Agreement the agreement. That agreement, based on the proposed length of term

AGENDA ITEM #_VI-A_____PAGE___2____

would then be presented on consent for City Council’s approval in anticipation of an
anticipated April 1, 2018 start date for 2018 market programming.

Attachment A: Licensing Agreement with Boulder County Farmers Market and the City
of Boulder

AGENDA ITEM #_VI-A_____PAGE___3____

Attachment A

MEETING DATE: April 2, 2018

AGENDA TITLE: Memorandum of Understanding for Operations and Coordination

of BVSD’s Summer Learning Aftercare Programming (MOU).

Yvette Bowden, Director, Parks and Recreation
Alison Rhodes, Deputy Director, Parks and Recreation
Dean Rummel, Recreation Manager, Programs and Partnerships
Alexis Moreno, Recreation Supervisor, Youth and Families


This item provides an update to the Parks and Recreation Advisory Board (PRAB) on
recent efforts to enhance coordination with the Boulder Valley School District (BVSD).
The department's operation of the BVSD’s Summer Learning Aftercare programming
promotes four key community priorities:

1. Providing community building through mutually beneficial and mission-focused

2. Providing community health and wellness benefits;
3. Actively engaging youth with places, facilities and programs, and
4. Targeting the use of subsidies for beneficial community programming.

The purpose of this item is for the PRAB to review the success of the 2017 pilot program
and consider a three-year Memorandum of Understanding (MOU) with the BVSD for the
operation of the Summer Learning Aftercare program (Attachment A). The final MOU
will be brought to the board for approval in early May.

The Department’s Youth Services Initiative (YSI) receives a large subsidy based on
department alignment with service categorization to focus on community priorities and
removal of participation barriers. To increase the service reach of the program and in
conjunction with Master Plan goals, last year the YSI program piloted a one-year
operations and coordination agreement in partnership with the BVSD’s Summer Learning
Aftercare Program at two BVSD school locations.

AGENDA ITEM #___VI-A___PAGE___1____

Master Plan alignment included the following:

1. Explore community building and partnerships to enhance program sustainability;

2. Provide community health and wellness benefits encouraging opportunities for
physical activity and social interaction;
3. Actively engage youth with places, facilities and programs; and
4. Enhance intentional use of subsidy in community programming in favor of
introductory and inclusive instruction contributions to the health and wellbeing of
a broader segment of the community.

Participation in the Summer Learning and YSI Aftercare program requires one or more of
the following:

• Participant receives BV SD free or reduced lunch;

• Participant scores below current grade level in reading; or
• Participant’s primary language is not English.

In 2015, YSI adopted the Sports Physical Activity and Recreation for Kids (SPARK)
model as an evidence-based physical activity and nutrition program. SPARK focuses on
the development of healthy lifestyles, motor skills, movement knowledge and social and
personal skills. YSI’s aftercare programming integrates the SPARK program into the
daily activities of the Summer Learning experience.

The goals of the SPARK program are to enhance participants:

• Enjoyment of physical activity;

• Development and maintenance of acceptable levels of physical fitness;
• Development of a variety of basic movement and manipulative skills so they will
experience success and feel comfortable during physical activity; and
• Development of the ability to get along with others in movement environments
(e.g., share space and equipment, employ the “golden rule” of competition – be a
good sport, and demonstrate cooperative behavior).
YSI’s summer program reach increased from 100 youth participants to over 240 during
the 2017 pilot. This success is a result of the collaborative efforts with BVSD, Boulder
Housing Partners and I Have a Dream Boulder County.

Throughout 2017, staff representatives from the BVSD and the department worked to
develop a forward-thinking MOU that reflects the community’s values by sharing
facilities, assets, resources and best serves identified youth participants.

AGENDA ITEM #___VI-A___PAGE___2____

The MOU outlines the following BVSD responsibilities:

• Provide facility space at zero ($0) cost to the department;

• Communicate with Summer Learning program participants regarding the aftercare
• Provide facility training to department staff;
• Provide discipline and behavior management training to department staff;
• Provide a nutritious snack;
• Provide transportation for participants; and
• Participate in program evaluation
Department responsibilities include:

• Recruit, hire and train staff, mentors, volunteers and interns;

• Develop and implement aftercare curriculum;
• Collect and manage aftercare registration;
• Provide equipment needed to deliver program goals;
• Coordinate with Boulder Housing Partner sand I Have a Dream for collaborative
efforts and scheduling; and
• Develop and deliver program evaluation metrics.
Both the BVSD and the department are interested in providing program participants
affordable access to the Summer Learning and Aftercare programming. The successful
pilot programming at two BVSD locations in 2017 encouraged both department and the
BVSD to create a longer agreement to promote program sustainability and the
achievement of long-range goals. The MOU also increases aftercare services to a third
location, providing department aftercare services to all Summer Learning program
schools within Boulder city limits. Through identified budgetary and programmatic
shifts, the department is prepared to extend services to all three Boulder sites in 2018.

Staff will incorporate the PRAB’s feedback into the final MOU draft that is anticipated to
be completed and included for approval at the April PRAB meeting.

Attachment A: Draft Memorandum of Understanding for Operations and
Coordination of BVSD’s Summer Learning Aftercare

AGENDA ITEM #___VI-A___PAGE___3____

Attachment A


THIS Agreement made and entered into this 1st day of June, 2018, by and between the CITY
OF BOULDER, (“City” or “COB”), and Boulder Valley School District (“District” or “BVSD”).


A. The City has offered and conducted summer programming for 16 years through the Parks &
Recreation Department for low-income participants including, but not limited to, youth camps, arts and
crafts, dance, drama, sports, swimming, and field trips;
B. The City, in association with such programming has secured and continuously utilized the name
“Youth Services Initiative (YSI)” referring to a year-round service that is a community-based after
school and summer program for youth living in low-income housing historically serving 100 youth
each summer. Increasing the program service reach in 2017 with the pilot programming for BVSD’s
Summer Learning Aftercare to over 240 youth.
C. The Parks & Recreation Master Plan, approved by the City of Boulder’s City Council in 2014,
encourages its Parks & Recreation Department to (1) explore community building and public-private
partnerships to enhance program sustainability, (2) provide community health and wellness benefits
encouraging opportunities for physical activity and social interaction, (3) actively engage youth with
places, facilities, and programs and (4) enhance intentional use of subsidy in community programming
in favor of introductory and inclusive instruction contributing to the health and wellbeing of a broader
segment of the community;
D. BVSD and City staff noted and expressed interest in the continuation of opportunities for youth to
participate beyond the traditional school year and the increasingly need for Summer Learning aftercare
programming; and
E. The City has identified opportunities to best utilize funding and resources in association with
Summer Learning aftercare activities as and to the extent the Parties agree to work together to ensure
the smooth transition of managing the aftercare programming from the BVSD Summer Learning to the
CITY aftercare.

Now, therefore, in consideration of the terms, conditions and covenants herein stated, the Parties
agree as follows:


1.1 In a collaborated effort with BVSD and City, with support from Boulder Housing Partners
(BHP) and I Have a Dream Boulder County (IHAD), City will be responsible for providing aftercare
programming through the BVSD Summer Learning program with a curriculum focusing on sports,
physical activities, health, wellness, and nutrition. Assigned BVSD site locations include but may vary due
to construction schedules: Flatirons Elementary, Crest View Elementary, Columbine Elementary, Uni-hill
Elementary, Casey K-8 encumbering BVSD feeder schools and BHP housing sites.

The need for this collaboration is a result of evaluating organizational efforts between BVSD, BPR, IHAD,
and BHP. A collective effort for more efficient and effective programming allowing the Summer Learning
elementary aged youth to participate in a FULL-day of summer programming. The aftercare programming
performed by CITY staff will be combined with the morning-education classes offered through BVSD’s
Summer Learning program ensuring Monday-Thursday of program opportunities from 8:30am-3:00pm for
5 weeks, not including the week of July 4th.

1.2 In providing the afore mentioned summer learning aftercare programming opportunities
for youth in Boulder, the parties have established the following goals:
• Goal #1: Serve youth who are enrolled in free/reduced lunch program, scored
below the reading level, and are English-language learners.
• Goal #2: Enhance youth services by increasing the reach through building strong
community collaborations with BVSD, BHP, and IHAD minimizing duplicated youth
summer programming.
• Goal #3: Engaging youth in health-promoting physical activity through a safe and
fun summer programming environment.


2.1 BVSD agrees to assume responsibility for the following components of providing summer
learning aftercare collaboration efforts but not limited to:
• Provide facility space for City aftercare programming activities to include
gymnasium, playground, outdoor multipurpose field space, and cafeteria at BVSD
school locations at zero ($0) cost to City;
1. Program space will be utilized from 11:30 a.m. to 3:30 p.m. while actual
program will operate from 12:00 p.m. to 3:00 p.m.
• Communicate to BVSD Summer Learning participants ensuring equal opportunity
and registration processes;
1. Email feeder school participants within the City of Boulder limits with a
welcome letter, application, and instructions for aftercare registration.
• Provide operations and orientation training for key personnel implementing this
agreement. Representatives from both parties will review BVSD’s facility policies
and procedures related to keys, security, usage, and emergency procedures.
• Provide discipline and behavior management policies on best practices to ensure
clear expectations from BVSD to City programming.
• Assist with transitional periods from Summer Learning to City aftercare

• Provide transportation for participants through BVSD bus system at the
conclusion of each aftercare day to ensure safe and secure options for all who
• Participate in a pre, mid, and post evaluation of the program.

2.2 The City agrees to assume responsibility for the following components of providing
summer learning aftercare collaboration efforts but not limited to:
• Recruit, hire, and train staff, mentors, volunteers, and interns. Including
management of schedules and payroll of CITY aftercare staff.
• Develop aftercare curriculum and detailed program plans (Sample program plan
listed within Attachment A).
• Collect and manage registration process for aftercare services.
• Provide all equipment needs to deliver the above goals.
• Provide additional transportation for participants living in BHP housing who are
not enrolled for Summer Learning.
• Coordinate with BHP and IHAD for collaborative efforts and scheduling for
combined programming opportunities.



3.1 The Term of this Agreement will be for the period from June 1, 2018 to August 1,
2020, inclusive. The City reserves the right to extend this Contract for two one-year extensions
for a total of five contractual years, as mutually agreeable by both parties; such renewals shall be
in writing and signed by both parties.

3.2 This Agreement may be terminated by either party if it has been breached by the other
party and written notification is tendered as set forth herein. In the event of a breach, the City and/or
BVSD reserves the right to terminate within thirty (30) days of tendering written notification to the
other party responsible for the breach and such breach is not remedied to the other parties satisfaction
within seven (7) business days. In addition, City or BVSD may, at any time, terminate this Contract,
in whole or in part, for its own convenience upon seven (7) business days’ notice.


4.1 The Parties agree to work in good faith to ensure the smooth administration and
support of Summer Learning from BVSD to the CITY’s aftercare programming. This may include
and is not limited to discussion concerning existing practices in planning for successful participation
by elementary school aged children in the City of Boulder.

4.2 As a general matter, BVSD shall communicate during this Agreement Term on

routine matters with the City about the program through Dean Rummel, Manager of Programs &
Partnerships, or his designee, who has been assigned by the City as the Program Manager.

4.2 As a general matter, City shall communicate during this Agreement Term on routine
matters with BVSD about the program through Melinda Groom, Executive Director of Community
Schools, or her designee, who has been assigned by the District as the Program Manager.


5.1 City shall work with District Facility Use Department to determine space
reservations for use of after care porgramming.

A. The District shall provide a City employee only with access to District Property. The
District will provide keys, security cards, and training as needed to the City's identified
employee(s) responsible for opening and locking District property while supervising
activities or programs. District keys and security training will not be allowed to 3rd party


6.1 The User shall furnish and supply all expendable materials and recreational
equipment necessary to carry out its programs while using the Owner's Property. An inventory of
existing equipment will be noted by the JUIT and reviewed and updated on an annual basis.


7.1 The User agrees to exercise due care in the use of the Owner's Property. The User
shall during the time of its use, keep the Owner's Property in neat order.

The Owner will be responsible for normal maintenance of all Properties at basic level
of service subject to normal wear and tear. The Owner shall notify the User of any known change in
condition of these Properties.

7.2 BVSD shall make its trash receptacles available during the use of Property.


8.1 All use of District and City Property shall be in accordance with state and local law,
C. R. S. §29-1-203. In the case of a conflict between the terms of this Agreement and the
requirements of state law, state law shall govern. Any actions taken by the District or the
City that are required by state law, but are inconsistent with the terms of the Agreement, shall
not be construed to be a breach or default of this Agreement


9.1 The District and the City agree to provide the following insurance in connection

with this Agreement.

A. Commercial General Liability for bodily injury and property damage. Including
Personal Injury and Blanket contractual, with limits of $1,000,000 per occurrence
and $2,000,000 aggregate

B. Workers’ Compensation coverage, as required by Colorado law.

C. Documentation of Insurance. The District and the City shall provide to each other
a certificate of insurance each year this Agreement is in effect showing proof of
the above coverage. In the event the District or the City is self-insured for the
property and general liability coverage, the entity hereby certifies that it shall
maintain coverage adequate to meet its liabilities and up to the limits set forth in
the Colorado Governmental Immunity Act.

9.2 It is the intention of the parties to make each site available to the public for
recreational purposes without rental or admission charge, and to limit the parties; liability toward
persons entering thereon for such purposes, in the event that either or both of the parties would
otherwise be liable, pursuant to C. R. S. § 33-41-101. Nothing contained in this Agreement
shall constitute any waiver by the City or the District of the provisions of the Colorado
Governmental Immunity Act or any other immunity or defense provided by statute or common

A. To the extent permitted by law, the City shall defend, indemnify, and hold the District,
its officers, employees and agents, harmless from and against any and all liability, loss,
expense, attorneys' fees or claims for injury or damages, arising out of the performance of
this Agreement, but only in proportion to and to the extent such liability, loss, expense,
attorneys' fees, for claims for injury are caused by or result from the negligent or
intentional acts or omissions of the City, its officers, agents, or employees.

B. To the extent permitted by law, the District shall defend, indemnify, and hold the City,
its officers, employees and agents, harmless from and against any and all liability, loss,
expense, attorneys; fees or claims for injury or damages, arising out of the performance
of this Agreement, but only in proportion to and to the extent such liability, loss, expense,
attorneys' fees, or claims for injury are caused by or result from the negligent or
intentional acts or omissions of the District, its officers, agents, or employees.


10.1 The City shall not outsource this Agreement without the written consent of BVSD,
which it may withhold at its sole discretion.

10.2 It is expressly understood and agreed that the enforcement of the terms and conditions
of this Agreement and all rights of action relating to such enforcement, shall be strictly reserved to
the City and BVSD. Nothing contained in this Agreement shall give or allow any claim or right of

action whatsoever by any other third party. It is the express intention of the City and BVSD that any
such party or entity, other than the City or BVSD, receiving services or benefits under this
Agreement shall be deemed an incidental beneficiary only.

10.3 The waiver of any breach of a term, provision, or requirement of this Agreement shall
not be construed or deemed as waiver of any subsequent breach of such term, provision, or
requirement, or of any other term, provision, or requirement.

10.4 This Agreement is intended as the complete integration of all understandings between
the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have
any force or affect whatsoever, unless embodied herein in writing. No subsequent notation, renewal,
addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a
writing executed and approved by the City pursuant to City rules.

This Agreement may not be modified, nor may compliance with any of its terms be waived,
except by written instrument executed and approved in the same manner as this Agreement.

10.5 Any notice required by this Agreement shall be in writing, made by hand-delivery or
certified mail, return receipt requested as stated below or as updated in the future and addressed to
the following:

For City:
City of Boulder – Parks & Recreation Director
3198 Broadway – IRIS Center
Boulder, CO 80304

BVSD – Assistant Superintendent of Operations
P.O. Box 9011
Boulder, CO 80301

10.6 BVSD and the City warrants that the individuals executing this Agreement is properly
authorized to bind to this Agreement.

[Signature Page Follows]

IN WITNESS WHEREOF, the Parties hereto have signed this Contract effective as of the day
and year first written.


By: __________________________________
Title: _________________________________

) ss.

SUBSCRIBED AND SWORN to before me, a notary public, this ______ day of
______________, 20__, by ___________________ (contractor name) as
________________________________ (contractor title).

Witness my hand and official seal.

Notary Public


City Manager


City Clerk


City Attorney’s Office

Date: _________________________

Attachment A


MEETING DATE: April 2, 2018

AGENDA TITLE: Urban Forest Strategic Plan and Emerald Ash Borer Update

Yvette Bowden, Director, Parks and Recreation
Alison Rhodes, Deputy Director, Parks and Recreation
Jeff Haley, Planning, Design and Community Engagement Manager
Kathleen Alexander, City Forester


The Parks and Recreation Department manages Boulder’s urban forest through the
forestry workgroup and extensive coordination with the community to ensure the long-
term sustainability of the urban canopy. While Boulder has one of the most successful
forestry programs along the Front Range, many threats exist with Boulder’s trees that
require careful management strategies and effective long-term planning including
managing for invasive pests such as the Emerald Ash Borer (EAB), climate change and
individual severe weather events and development.

Similarly, to be prepared and plan for future threats and resource impacts, staff is
finalizing an Urban Forest Strategic Plan (UFSP) that will outline long-term goals and
action plans to effectively and sustainably managing Boulder’s urban forest. The purpose
of this memo and presentation is to provide PRAB a brief update on EAB and an
overview of the UFSP process key findings and next steps.

Emerald Ash Borer (EAB)

Forestry staff collaborated with multiple state and federal agencies, leading EAB experts
from across the U.S. and Canada and a city interdepartmental team to develop a long-
term EAB Strategy. The strategy was presented to City Council in 2015 and received
unanimous support. Since then, staff has been implementing the suggested management
actions to successfully respond to EAB including. These actions include:

A. EAB Multi Agency Response

B. Quarantine
C. Public Education/Outreach
D. Tree Plantings
E. Tree Removals
F. Pesticide Applications
G. Biocontrols


H. Wood Utilization
I. Enforcement
J. Collaborative Research Projects

Despite these efforts, Boulder is now entering the phase of EAB infestation where many
trees are dying, becoming unsightly and, more importantly, becoming serious safety risks
to our community. Additionally, staff continues its efforts to ensure the community is
informed of the impact of EAB on Boulder’s trees and the reality of losing thousands of
trees in the coming years on private and publicly-owned parcels.

At the October 2017 City Council Study Session (see Attachment A), staff highlighted
the following:

Tree Removals
Staff has detected heavily infested, symptomatic ash throughout Boulder. Observations
indicate it takes approximately three years to progress from only a few dead ash trees in
an area to the point where all ash trees are dead, dying or have been removed. Forestry
staff has also observed that ash trees killed by EAB dry out, become brittle and start to
fail within one year after mortality. This is consistent with observations across the
Midwest. Allowing trees to reach the point of failure is unacceptable from the standpoint
of public safety. Therefore, as untreated public ash trees start to decline in an area,
moving forward, all untreated ash along the street will be removed at the same time to
reduce tree removal and traffic control costs and minimize community inconvenience.

Public Outreach
Education and outreach are critical components of the response to an invasive tree pest.
Since the initial detection in 2013, the department, in collaboration with the statewide
multi-agency EAB Response Team, has utilized multiple methods to education the public
on EAB including:
• Websites;
• News Releases;
• EAB Workshop
• Public Open House
• HOA Meeting
• Doorhangers to residents with symptomatic ash trees in highly infested
• Hosting informational tables at Farmers Markets and McGuckin’s;
• Direct contact with property owners living adjacent to public street trees being
treated by the city;
• TreeOpp program; and
• Tree Giveaways in 2017 (and planned for 2018).

In spite of these effort, the degree community awareness regarding EAB is still much less
than desired. In 2018 and beyond, the team will widen messaging and proactively engage
in ‘Community Building’ as methods of addressing not only EAB but the sustainability
of Boulder’s Urban Tree Canopy. Initiatives explored by the department will include
additional awareness outreach efforts, community-collaborative tree plantings,
environmentally sensitive methods of dealing with wood debris and efforts that create
investments in tree care and/or replacement over time. Efforts will include:
• Notifying via postcard those property owners whose trees will be removed within
the next few years;
• Meeting with property management companies and Boulder Area Rental Housing
Association (BARHA) to reach rental property owners;
• Collaborating with the Climate Commitment team on community event calendars
and events during the Year of the Ecosystems;
• Offering the “Trees Across Boulder “Tree Sale planned for 2018 to provide 15-
gallon trees to the public for less than wholesale cost; and
• Continuing to provide milled ash wood to ReSource for public purchase; and
• Hosting the second Arbor Day Foundation Tree Recovery program that will give
away 250+ trees to Boulder residents to encourage planting and tree diversity

Council Feedback
Generally, City Council supported staff in the EAB response strategy and the current
practices in place to mitigate the impacts of EAB in Boulder. Council had several
questions about specific aspects of the EAB challenges related to safety, costs of tree
removal and the impact on canopy and community engagement. Council members also
showed interest and concern in how staff are communicating with the community and
making sure neighbors are aware of the safety risks of EAB as well as the financial costs
of tree removal. Council members also expressed an understanding and stressed the
importance of the urban tree canopy role in overall climate strategies and sustainability
within the city.

Urban Forest Strategic Plan (UFSP)

Since 2016, a staff team has been working with two consultants, Davey Resource Group
(technical) and Two Forks Collective (outreach) on a comprehensive Urban Forest
Strategic Plan (UFSP) that will outline a long-term approach to ensuring the
sustainability of Boulder’s urban tree canopy.

Steps to develop the Urban Forest Strategic Plan include:

1. Community Engagement: The complete list of engagement activities to date
a) Stakeholder Long Form Survey;
b) Interviews with stakeholders, forestry experts and city officials;
c) Tree story stations;
d) Community Short Form Survey;
e) Public Open House (2);
f) Technical Working Group Meetings (3)
g) Feedback from the Youth Opportunities Advisory Board (YOAB); and
h) Young children tree preferences from Growing up Boulder, Boulder
County Head Start and Boulder Journey School.
2. Public Tree Inventory
3. Emerald Ash Borer long term strategy (implementation on-going)
4. Urban Forest Resource Analysis
5. Urban Tree Canopy Assessment
6. Consultant On-Boarding and Background Review
7. Plan Development (See Attachment B for Draft Final Plan)

Developing the Plan

Upon review of the current forestry program and input from the community and other
stakeholders, the UFSP team established an overarching goal to maintain a 16 percent
urban tree canopy within Boulder. Four themes of sustainable urban forestry including
Plan, Manage, Protect and Engage were developed to communicate this goal to the
public. Detailed goals and objectives were developed within this structure to guide the
future management of Boulder’s urban forest. The public open house in March 2018
provided a chronology of the research, community outreach and milestones that occurred
throughout the process. Additionally, this meeting presented a comprehensive summary
of the strategic goals and actions to meet the needs of Boulder’s urban forest as well as
community stated desires for the future of their urban forest.

Details about the four identified sustainable urban forestry themes are as follows:

Urban forestry is an important part of Boulder’s resilience strategy. Increasing the
resilience and sustainability of the urban forest directly supports the resilience of the
1. Develop and implement a 20-year Planting Plan for public trees to support the 16
percent urban tree canopy cover by 2037.
2. Create an Urban Forest Emergency Response Plan for city-wide coordination to
ensure appropriate coverage and minimize risk to the public.
3. Participate in inter-departmental Urban Ecosystems Management Strategic planning
to integrate ecosystem protection and monitoring across urban, agricultural and
wildland systems

Boulder has an exceptional Forestry program and already implements many industry best
management practices. Further refinements and increased funding is needed however to
match community expectations.
1. Establish a dedicated, sustained funding source beyond the departmental budget for
Boulder Forestry operations to increase the level of service to meet the community’s
high standards.
2. Shift management responsibility for all trees in public street rights-of-way and around
public buildings under Boulder Forestry to maximize advantages in expertise and
3. Expand the Public Tree Planting program to support efforts toward the goal of 16%
canopy by 2037.
4. Increase investment in proactive, preventative maintenance by exploring options to
increase the frequency of pruning events for public street trees.
5. Refine the Integrated Pest Management (IPM) Program to improve tree health while
minimizing cost and negative impacts to ecosystems and the public.


6. Explore the expansion of the Commercial Tree Program beyond the immediate
downtown area to maintain urban tree canopy, protect property and better manage
public safety issues.
7. Continue to explore all wood utilization options to improve resiliency to increased
cost or disappearance of any single waste stream.
8. Transition to a new Asset Management System to allow efficient forestry business
processes across city workgroups and provide essential baseline data for strategic
forest management.
9. Streamline the Tree Safety Inspection Program to manage risk and minimize City
exposure to claims but reduce the financial and logistical costs on forestry operations.
10. Continue implementation of the Emerald Ash Borer response strategy to maintain
public safety, ecosystem services and forest function in the face of unprecedented
canopy loss.
11. Develop a staff succession plan within Forestry to encourage continual professional
development and facilitate transitions in leadership to minimize disruption to
12. forest stakeholders and the public.

The urban forest represents an asset, one which must be nurtured and protected. This is
accomplished through municipal code, policies, and design and construction standards that
support tree planting and longevity.
1. Strengthen Boulder Forestry’s role in all city CIP projects to minimize damage to tree
assets and canopy loss.
2. Strengthen existing city requirements for trees on Public Property to increase tree
protection, improve site preparation and strengthen tree species diversity
requirements to maintain the urban tree canopy and increase forest resiliency.
3. Strengthen existing city requirements for Private Property to increase tree protection,
improve site preparation and strengthen tree species diversity requirements to
maintain the urban tree canopy and increase forest resiliency.
4. Revise licensing requirements for all tree care companies performing tree work in
Boulder to improve public safety and tree health.

The Boulder community places a high value on environmental stewardship. Connecting
with and educating the community with the most current information on the urban forest
will mobilize activists and facilitate policy implementation. In the development of the
UFSP, many stakeholders also expressed a desire for a community-based urban forest
advocacy group to promote, protect, and enhance Boulder’s urban forest.
1. Provide the community with balanced and objective information to assist them in
understanding the problems, alternatives and options to achieve the Boulder urban
tree canopy goal.
2. Develop and expand opportunities for community involvement in the commitment to
achieve the UTC goal.
3. Involve the public on the analysis, alternatives and recommendations for further
urban forestry related planning processes and potential code changes.


4. Partner with the community on projects to broaden knowledge, support and funding
for the Boulder urban tree canopy goal.

Staff will continue to respond to the EAB challenge through the many ongoing strategies
as outlined within this memo and provide regular updates to the community, Parks and
Recreation Advisory Board, Environmental Advisory Board and City Council. The team
will seek final acceptance of the plan from the Parks and Recreation Advisory Board in
May 2018. In May 2018, staff will provide a comprehensive information packet to City
Council outlining the full process and outcomes of the UFSP and include the final plan.

Attachment A: City Council Study Session memo, October 24, 2018: Urban Forest
Management Update
Attachment B: Boulder Urban Forest Strategic Plan – Final Draft


TO: Parks and Recreation Advisory Board

FROM: Yvette Bowden, Director, Parks and Recreation Department

Alison Rhodes, Deputy Director

SUBJECT: Matters from the Department

DATE: April 2, 2018

A. Proposed Xcel Energy Property Rights Agreement (see attachment)

B. Universal Design Project (Growing Up Boulder) (verbal update)

3198 Broadway, Boulder, CO 80304 | | O: 303-413-7200


TO: Park and Recreation Advisory Board

FROM: Yvette Bowden, Director, Parks and Recreation

Alison Rhodes, Deputy Director, Parks & Recreation
Bob Harberg, Project Manager for Electric Utility Development

DATE: April 2, 2018

SUBJECT: Proposed Xcel Energy Property Rights Agreement


PROJECT OVERVIEW - The City of Boulder continues to develop strategies to

achieve 100 percent clean electricity by 2030, expand local control and provide
opportunities for more customer choice, including forming a local electric utility.
Recent milestones in this work include a decision from the Colorado Public Utilities
Commission (PUC) to allow the city to separate an electric distribution system from
Xcel Energy’s distribution system. As mandated by the PUC, the City of Boulder must
complete three tasks, including two agreements with Xcel Energy to finalize the
commission’s order for the transfer of assets outside substations. These are due on
June 11. At a high level, these agreements relate to:
1. An agreement granting Xcel permanent non-exclusive property rights within the
city necessary to serve its customers after the separation of the two distribution
systems is complete
2. An agreement describing the procedure for the city to reimburse Xcel for the
work it will do to engineer and construct separation
3. Revised list of assets outside substations
The agreements are a requirement of the process of forming a local electric utility,
and a result of ongoing negotiations between the city and Xcel Energy.
The PUC requirements constrain the city’s ability to change details of the
agreement. However, the city is working to meet the PUC requirement while also
achieving agreements that protect tax payer funding.
As negotiations currently stand, there is potential for long-term requirements and
impacts that the city does not typically confront. For example, after separation is
complete, Xcel Energy will retain some electric distribution infrastructure within
city limits. To ensure Xcel’s ability to have those facilities in place and to protect
Xcel’s ability to access this infrastructure after separation, the PUC has required
the city to provide “permanent non-exclusive easements” on public land to Xcel.
The city charter does not allow permanent easements in rights-of-way, so to meet
this requirement, the public must approve a limited charter change, likely
packaged in 2020 with the final voter approval to move forward with developing a
local electric utility.
These requirements will also likely require that certain easements be granted on
existing Parks lands. Separation design has not been completed, but initial designs
indicate a need for several electric distribution line routes along the perimeters of
the Parks land as depicted in Attachment A. These lines would be buried using
boring construction techniques to minimize the surface impacts. The permanent
easement agreement with Xcel is being drafted with these protections in mind. At
this time, it is not anticipated that these easements will impact the parks and
recreation services and values these properties currently provide.
In addition, Boulder will be constructing separation facilities that may also require
certain easements be granted on existing Parks land. It is understood that if and
when the time comes to actually convey any easements over Parks land that the
Parks and Recreation Advisory Board will be consulted.

NEXT STEPS – Staff will return to the Board with additional information once the
separation design has been completed with specific easement requests and analysis of
alternatives. This is anticipated to occur sometime in 2019 or 2020.


• Attachment A – Preliminary Xcel Energy Electric Distribution Line Routes

Attachment A

Preliminary Xcel Energy

Electric Distribution Line
Flatirons Golf Course

South Perimeter of Flatirons

Golf Course

Approximate Length = 2,200

feet (assuming entire length
from 55th east can be located
on the parks property)

Approximate width = 10 feet

Underground facilities
constructed using boring Approximate Area = 22,000 sq.
technology ft.
East Boulder Community Park

South Perimeter of East Boulder

Community Park

Crosses Park Between Existing Soccer


Approximate Length = 715 feet along

south perimeter and 715 feet across
the park

Underground facilities Approximate width = 10 feet

constructed using boring
technology Approximate Area = 14,300 sq. ft.
Underground facilities Elks Park
constructed using boring
technology North Perimeter of Elks Park

Approximate Length = 590


Approximate width = 10 feet

Approximate Area = 5,900 sq.