[BoulderCouncilHotline] Re: CU-South Annexation Agreement Questions & Proposals

[Taddeucci, Joe]

Dear Council Members and Hotline followers,

I am writing to provide a staff response to the three questions posed by Council Member Young in a September 16 hotline post. I have copied the questions just below (see bold text) and the staff responses follow.

Questions from public hearing held September 14, 2021:

  1.  What are the plans for implementing warning systems and evacuation plans and how do they relate to flood mitigation?
  2.  Under what circumstances could future amendments/changes to the annexation agreement occur and what would the process look like?
  3.  How do Environmental Impact Statements and other required analyses of endangered and threatened species fit into proposed flood mitigation and is the City violating any rules?
Staff Response to Question 1 - Warning systems and emergency plans currently exist and are in place in the City of Boulder. The National Weather Service (NWS), the Mile High Flood District (MHFD), and the Boulder City & County Office of Emergency Management (Boulder OEM) provide flood warnings and related public communication. City utilities staff have a supporting role in emergency situations, and frequently provide technical support during disaster situations such as fires and floods.

To review and enhance existing plans specific to South Boulder Creek and the west valley, utilities staff members have been actively engaged in the following flood preparedness activities in the past year:


  1.  Assigned a staff lead to coordinate and project manage related efforts.
  2.  Met with representatives from OEM and MHFD to review current systems and explore opportunities for future enhancements.
  3.  Held community meetings with west valley residents to provide information on existing systems and ways that community members can sign up for cell phone notifications and access other emergency information.
  4.  Established plans to install a camera of the US36 overflow area by the end of the year.

Concerning how emergency plans relate to flood mitigation, early warning plans are a tool to increase public awareness and safety around floods but are not intended as a substitute for effective flood mitigation measures.

We would be happy to provide additional information in a future update to city council. In the meantime, the city’s website provides flood preparedness information for community members - Prepare For Floods | City of Boulder (bouldercolorado.gov)<https://bouldercolorado.gov/services/prepare-floods>.

Staff Response to Question 2 - Amendments to an annexation agreement require the same process used to approve the initial agreement as follows: an application from the land owner, recommendation by the Planning Board and decision by City Council.

Staff Response to Question 3 - Staff understanding is that Environmental Impact Statements are required under the National Environmental Policy Act (NEPA) for projects that are federal actions. Because a federal agency is neither constructing nor funding the flood mitigation project, NEPA would not be triggered. It will, however, be necessary for the project to comply with Section 404 of the Clean Water Act because project activities will occur in jurisdictional wetlands. The US Army Corps of Engineers administers this regulatory oversight and will coordinate with the US Fish and Wildlife Service to ensure that its authorization is in compliance with the Endangered Species Act. The US Fish and Wildlife Service review may call for a Biological Assessment because listed species and critical habitat are present in the project area. If the Biological Assessment indicates that the project is likely to adversely affect a listed species, then the US Army Corps of Engineers may request a formal consultation leading to preparation of a Biological Opinion regarding whether the project as proposed will jeopardize the continued existence of a listed species or result in the destruction or adverse modification of critical habitat. The project is currently being planned and designed to be in compliance with permitting agency requirements.

Please feel free to contact me if you have questions or would like additional information.

Sincerely,

Joe

Joe Taddeucci, P.E.
Director of Utilities
​ (pronouns: He/Him/His) What's This?<https://www.mypronouns.org/what-and-why>
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C: (720) 635-6970
taddeuccij at bouldercolorado.gov<mailto:taddeuccij at bouldercolorado.gov>
Public Works - Utilities Department
1739 Broadway | Boulder, CO 80302
bouldercolorado.gov<https://bouldercolorado.gov/>

From: Young, Mary <YoungM at bouldercolorado.gov>
Sent: Thursday, September 16, 2021 10:26 AM
To: HOTLINE <HOTLINE at bouldercolorado.gov>
Cc: Abby Benson <abby.benson at colorado.edu>; Derek Silva <Derek.Silva at Colorado.EDU>; Kleisler, Philip <KleislerP at bouldercolorado.gov>; Patrick T. O'Rourke <patrick.orourke at colorado.edu>
Subject: [BoulderCouncilHotline] CU-South Annexation Agreement Questions & Proposals

Dear Colleagues, Community and Negotiating Team,

Below and attached are questions that came up for me during Tuesday's public hearing, as well as proposals for changes/additions to the Agreement based on email and testimonies received.

Thank you.

Questions from public hearing held September 14, 2021:

  1.  What are the plans for implementing warning systems and evacuation plans and how do they relate to flood mitigation?
  2.  Under what circumstances could future amendments/changes to the annexation agreement occur and what would the process look like?
  3.  How do Environmental Impact Statements and other required analyses of endangered and threatened species fit into proposed flood mitigation and is the City violating any rules?

Proposals for changes to second reading Annexation Agreement of September 14, 2021:

  1.  Change 14a as highlighted to:

The Parties agree to cooperate to execute an IGA to fund an independent, third-party study to understand and establish baseline light and noise conditions and impacts on the state natural area. In addition to determination of existing conditions, this study will also include guidance on what level of exceedance above baseline conditions would create material negative impacts on habitat suitability. The intent of the study will be to inform decisions on development to encourage the Parties to consider technological, operational, and locational options to minimize or mitigate light and noise impacts on the state natural area. No recreation or event facility or field will be constructed until the study is completed. (Insert statement as to an expected timeline for beginning baseline study). When constructed, …

Change to item 14c as highlighted to:

The IGA will include the requirement that if the current baseline conditions of noise and light are exceeded by an amount which has material negative habitat impacts as determined by the study referenced above due to development by the University, the Parties will collaboratively attempt to mitigate the impacts restore noise and light conditions to acceptable levels as established through the IGA study at the University’s expense. Upon commencing construction of Structures or lighted Parks and Recreation Uses within 50 feet of the border between the Open Space Zone and its Remaining Land Interest, the University will plant and maintain trees and shrubs along said boundary, to the reasonable and mutual satisfaction of the Parties. Additionally, the University will comply with the City noise and outdoor lighting standards applicable to uses on the Remaining Land Interest.

  2.  Change Item 20 as highlighted to:

20. The Development Zone. It is the intent to develop this area consistent with uses that create 15-minute neighborhoods within an academic setting, including, but not limited to grocery stores, laundromats, pharmacies, and other services needed for general daily living. It is also the intent that the University will maximize energy efficiency in all CU South buildings and will strive to accelerate the timeline to achieve the 100% emissions reduction goal from CY05 baseline by 2050 as set forth in its 2021 Energy Master Plan. As such, Tthe following general development standards apply to the Development Zone ...
  3.

  4.  Change 24d as highlighted to:
  5.
  6.  In order to protect the safety of residents and guests, the University or Owner will employ physical and technological measures, such as radiofrequency identification (RFID)-activated gates, to prevent use of the roadways of the Property as a Roadway Bypass (as herein defined below) similar to how the University manages traffic at other campus locations. Access will be role based, non-transferrable and not to exceed trip caps as established in this agreement.  “Roadway Bypass” means an uninterrupted roadway on the Property between State Highway 93 and State Highway 157 (Foothills Parkway), the design of which would incentivize its use as a “shortcut” between State Highway 93 and State Highway 157.

We're all in this together.


In solidarity,

Mary Dolores Young
Boulder City Council
303-501-2439

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"All ethics ... rest upon a single premise: that the individual is a member of a community of interdependent parts..." - Aldo Leopold

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