September 20, 2023 — Boulder Junction Access District Regular Meeting

Transcript

Captions from City of Boulder YouTube recording.

[0:00] As far as our camera. On everybody in the room. But we can go ahead and start recording. Oh, we have. and I will. I'm going to make sure that the minutes reflects the roll call just because I want to expedite things as much as possible. So let's not do a formal roll call other than what I've already shared as far as a quorum for boulder function. Djet parking. So with that I will hand it over to Ryan. Do you want to go through? Our regular agend items? Sure, thanks. We just get scrolled to the top of the packet here. We couldn't hear you for a second. There. but now we should be able to. How's this? Perfect? Okay, great alright. So you said, skip, roll, call for today. So I think if we can for parking, then

[1:04] review any questions or comments about the the meeting minutes from last time did did. Did you all have a chance to review any questions or changes to those? Or should we approve? I move that we approve. Is that okay with you, Rebecca. I second. Yes. Okay. Great all in favor. Then. Thanks. I don't know if we had any planned participation from the public. I don't think we have any members on the zoom. Yes, we do have a raised hand, so I will. at your approval. Allow

[2:01] Rebecca, to start speaking. Yes, for the second, you should be able to unmute great thanks so much. Hello! Boulder direction commissions. I'm Becky Davies, or Rebecca either is fine. And I'm a member of the Transportation board. So I'm here to introduce myself. Say hello, and I wanted to give you a heads up that I'll be emailing you as well as your commission members who aren't on the call today about Within the next day or 2 about a proposal that Tab has been working on to ask the next city council, so this would be the 2024 City Council. To add an item to their work plan related to updating off street parking ordinances in city code. And so we'd like them to update those and consider removing the minimums that are currently in the code and consider adding maximums and adopting a

[3:03] a new Tdm ordinance. So I'll provide more details of that in the email that I sent to you for you to look through and consider but I'm coming to you to ask that you consider whether you would sign on to this request as a board member, but as an individual, not, you know this would not be an item that you vote on as a or rather you could sign on as an individual to support the request to counsel and of course we're coming to you to ask if you would support this request. Because of your involvement with Parking and Tdm, as commission members. So I'll go ahead and follow up with you. In the next day or 2, with the text of our request, some more background information. Feel free to contact me. If you have any questions about it, we can chat about it more. Yeah. And then I'll follow up with you about a week after that to see if you would be open to signing on to this request.

[4:04] yeah, I think that is it. So? Thank you so much for considering it. And also for your work as a commission member. So you'll get an email from me in the next next day or 2 with more details. Thanks. Thank you, Becky. Appreciate you coming to the meeting today. Okay. any questions about the any questions about the consent agenda items in the packet financials? I guess we could address those at the same time. Okay, not seen anything. There. So I think that moves us to matters from staff. Is that right, Chris.

[5:04] that is correct. We have 3 items for you all this evening. I hope, included in your packet. Did we? Did the petition make it to the packet, Lisa. No, there was. So there! I think it's it's not lifted the attachments on the agenda, but we have received a petition for inclusion of a property within Boulder Junction. Tdm. well, we don't have a quorum for that commission for this meeting, and we're not asking for a formal vote today, but we wanted to make sure that you all were aware that a petition had been received for adding a parcel into the district. Teresa Pinkle is here. Teresa, just wanna come talk from my computer to share with you just a little bit about the process moving forward. As the Commission considers this petition for adding a parcel.

[6:00] Just giving you a quick rundown on what this process will look like. The first step obviously, is for us to receive the petition from the petitioners which they have submitted at this point. What we are looking at is a number of different noticing exercises a public hearing. To get public feedback on this, and then you, as the Commissioners, have the ability to approve or deny this particular petition. So there the first step will be to conduct the noticing that will include basically sending out that notice both in the daily camera. So just a newspaper regular circulation, as well as sending notices to each of the property owners. So we will be pulling information from the county assessor and getting those notices out and then scheduling a public hearing opportunity that will likely go inside with the November meeting and allow members of the public to either respond in writing to our office prior to that, or come and voice their opinions publicly during that meeting, and then you all will have the opportunity to weigh in on the matter as a commission.

[7:20] If they petition is approved, and there are a number of steps that will be taken to formally incorporate the property into the district boundaries. This is a little bit unique, because there will be a pilot agreement and ketchup associated with it to make sure that it's fairly compensating. All the other district properties to this point. For the benefit that they receive from joining the property after the fact. So any questions high level on that. This is across the street, right across Thirtieth Street from the steel yards.

[8:01] Yeah, it's just to the West there. Okay. And then, does that building end up being affordable housing? Or how many units is it? Apartment transitional housing? Okay, alright. I don't know if anybody else has any other questions. So just maybe we could provide context on where it was and what it was versus just a street address. Well, will additional contacts like along the lines of what you're asking. Rebecca. Do you think that Theresa, that will be included in the petition that we'll review in a future packet. So the petition itself. it's fairly basic. it just states the properties. Description. The owner is the reason for inclusion. Obviously, and this is specific, I should mention to the Tdm

[9:00] is where they're petitioning into for those mobility options. So the petition itself is fairly high level. Certainly can get some more information from the property owners, and sure they'd be happy to share the full scope of their development. But and then we will certainly make sure that we are thinking fairly and following ordinance language when it comes to the pilot fees that we are going to incorporate into the approval process for their petition. And so that information will be provided at a future meeting for sure. Rebecca. Yeah. So do you happen to know whether or not they got a parking reduction? And if they're kind of abiding by the parking maximum limits of beach, add, even though they're not asking to be parting the parking district

[10:01] associated with their development largely because they are it is a transitional housing, affordable housing development. They're anticipating that none of their residents are gonna actually have cars. That's why it's been so important for them to be able to join the the Tdm district because they want to be able to provide other transportation options. Okay, cool. Thank you. And then maybe not specifically to this particular development, because it is 100 affordable whatever. But I think we've talked about in the past, the the picking and choosing which district people join and joining for the phone stuff while the rest of us are are supporting the parking debts. So would like to keep that in mind for the properties. Absolutely. This is something that the city is tackling currently as we're evaluating all boards and commissions. You all should have received some communication from the consultant that we're working with

[11:01] on that effort evaluating the Board and Commission program throughout the city. And one of the things they are considering specifically is how to simplify. The Boulder Junction district moving forward, especially as we are looking at Boulder Junction phase 2 and wanting to make sure that we're not repeating mistakes from the past, and maybe through the process simplify or approach moving forward for the entire area. Yeah, I I'm interested in supply or fixing the one that is just now not just preventing it from happening in the future. Right? So we would want to. We are in agreement there for sure. Thank you. If there are no more questions on that update, we can move over to Regan and Lane on if you can make it brief because Ryan has to take off, and I wanna make sure we have Sandra on the mill levy options.

[12:01] Sure, thanks, Chris. It'll be very brief, because it isn't your consent, agenda. But I just wanted to provide you all with an update on the way, finding and branding project. So again, this will include a mix of gateway, directional and destination destination signage throughout the district. At this point, as a reminder, we've entered into an agreement with a licensed vendor who will fabricate, fabricate, and install the signage and since our last update we've now submitted our application for permits there have been some delays with the permitting process that were accounted for in the original schedule. So as it stands right now, permitting seems to be nearing complete completion. We just have one more comment to address and at this rate the way finding signage will be installed at the end of the year. Of course this is entirely dependent on whether so it could very likely be pushed into 2024. But that is our goal right now to start installing the foundation and base the concrete before it gets to cool, and then that way, finding signage. That kind of final piece by the end of the year. So, and then, lastly, once permits are received, we will be communicating any construction or traffic impacts to local community members, including local businesses and residents.

[13:23] and again, as always happy to send around those design mock ups in the location plan any questions. Has anything changed in the design mockup since last we saw them? So the only change at this point is on private property. It's on the RTD. Parking garage. There were some restrictions around. The sign was originally going to be projecting off of the parking garage, the parking identification. But it now needs to be flush with the wall, so it'll just be a wall mounted parking sign property. So

[14:02] yeah, okay. alright, thank you. There are no questions. Thanks so much. Regan and Lane. I want to move over to our final matter from staff included in your packet was a memo that we worked with the city attorney's office to put together regarding some questions that have been coming up with the Commission about opportunities to provide some sort of rebate or discount or reduction in the mill levy. Given that, we have paid off our debt obligations in parking. Our ecopass costs have gone down. Understanding what our options are moving forward. As we consider a variety of variables about where we're headed next with the Commission. So Sandra Iannis is here. She is in the city attorney's office, to help answer questions and maybe provide a brief overview of of the memo that was provided, and then we can talk about next steps. So, Sandra, do you want to take over?

[15:09] Yeah, thanks, Chris, can you all hear me? Yes, okay. I'd hoped to have reached my destination, but I have not, so I pulled over. I'm in my vehicle. But thank you for inviting me and giving me the opportunity to address the question that the Commission has presented. And I've been working with outside counsel. Kim Duckenburger on this issue. He's an expert in the field and hopefully, you had a chance to review the memo I think it's pretty comprehensive in terms of the questions that were presented. My understanding is that the Commission are interested in looking into options of reducing the mill levy or providing refunds and that ability is available.

[16:06] under the statute. What's important here is that we don't want to run afoul of tabor restrictions which, as you may know, require voter approval. Typically for increases in in mail levies and taxes. And because you're asking for a reduction that doesn't implicate or Trigger Tabor. However, there are implications. For not doing so in a temporary way. So in other words, the recommendation would be. If the Commission is interested in this option to move forward with a temporary reduction in the mill levy. That would provide the Commission and the district with the ability to redo re return to the original mill, levy if they so desire to do that at a later date without having to go for voter approval.

[17:11] The other thing that is important to note is that there is a current proposition. It's called proposition HH. That is going to be on the November ballot that will if it's passed, will create a lot of additional hurdles from a procedural perspective. And so it's probably good for you all to think about delaying any decision until we know for sure whether or not that propositions, past or not, the legal implications are, are unknown at the moment. I think that we would no more once if if it is passed, and so that could inform any decision that you might wanna make in terms of going through with a temporary reduction of the mail levy or a refund.

[18:11] Let's see, I think. Well, other, the the last issue had to do with whether a refund or reduction in mill levy how that a is treated in the situations where there's a commercial lease. And who holds the that right to to have that reduction or refund, whether it's the property owner, the tenant and I think that would be a contractual issue that the parties would need to address between themselves. The

[19:02] property owners, actually the beneficiary of the the refund or or the reduction. And so it would need to be addressed in a contract situation between the 2 in order to provide a refund to the tenant. I think I've covered everything, but I'm open to questions. If anybody has any. Go ahead, Rebecca. I'll go first off. So I think our next meeting would be the end of November. Right? Would it be after that election correct? Okay, If we made a decision at that meeting, how long would it take to implement? Would refunds come for this year, or would they take place. and 2024

[20:02] at this point. We would be targeting actually a a future year. Cause this Commission's already recommended approval of the 2024 budget that included projected revenues associated with the current mill levies doesn't mean that we can't explore. going a different direction. Mid year 2024 but I think the preference, and given the fact that refunds don't necessarily make it back to the tenants. If we temporarily reduce the mail levy, and never Bill, the property owner for that tax. In the first place, then through triple net arrangements, then the the tenants benefit, and I think that that was, that was the the premise and the point that the Commission wanted to explore, in the first place, was reducing burdens, particularly to retail commercial tenants because they already have parking spots. That yeah, I mean it to benefit all of it but

[21:06] short. So anyhow, I would say that what we would likely target will know some more in November, and if this is the direction that the the Commission body wants to go. we would probably target a 2025 implementation date. Of course that would be so. And, Sandra, please correct me if I'm wrong. In 2025 property owners to pay the previous year's property taxes. Because everything is always a year and arrears so we would do the work in 2024 to apply the reduction in 2025. Correct. so more to to learn. But At this point that would be the timeline that if this is the direction that the commissions want to go, that we would, we would point to, and of course it is. The Boulder City Council is the the board of directors of the Boulder Junction, GI. Ds, and so this would also need to be approved by council. Ultimately.

[22:15] we would need to make them aware, and they could have the option of calling it up so. But but you all do have the the by ordinance. Right to to go down that path. Okay, I would actually really like to say, thank you to Staff and Sandra for looking into this. It's been a serious request from several people. So thank you. You're very welcome. Yeah, totally agree. I found the the the memo to be really clear, and it seems like it gives us the the toolbox that we need to have the conversation, you know, just around the options, and you know what are the different knobs that we could suggest the city

[23:00] to turn to have the effects that you know, we think would be beneficial in the district. So very, very helpful, thanks to be specific. On next steps. Staff would want to come back to the Commission in the first quarter of 2024 with the the options that we, you know, to lay out moving forward for implementation in 2,025. Okay. are there any steps that you would need from the Commission to take, or any thing between now and then. Nope, other than if there's anything that you felt like. You're missing still. We're we're thinking about a lot. You know many, many things work that we need to get done between now and then, but if there's anything that that's on your mind in this front. We wanna make sure we've documented it. No, I appreciate having different options and understanding the the consequences of each

[24:06] great. Yep, that'll be your Nick. I had 2 questions. That don't. We don't need to answer right now, but just kind of big, maybe a little bit bigger. Picture thoughts. What is the how much triple net leasing occurs in the district that might be able to see some advantage, you know, commercially from property tax refund versus any other type of lease where that would just go to the property owner. And you know it would be subject to the contractual negotiation like Sandra mentioned. So that that's one question. And then I think the other one with the temporary reduction, is short term very clear. Why, that's advantageous. but a perpetually temporary reduction every year seems disadvantageous to the district long term.

[25:02] so I don't know. I just would be interested to think about what it would look like if we reduce temporarily reduce the mill levy rate 5 to 10 years in a row. What does that mean? Would we ever, you know? Would. Would we leave it to future commission members and and city staff to decide if that should become permanent or not? So yeah, I don't know. I think I think future voters maybe want to have some sort of say eventually. if we're just always temporarily reducing for a year. So I don't just a thought that popped into my head. Oops Ryan, just couple of thoughts on that. First of all. You know, property values are going up year every year. So even as you reduce the rate the amount of money going into the budget should still be increasing.

[26:02] So I don't know if that would be a concern for several years. And then whether or not where taxpayers might have a problem with a reduced rate is if they stopped getting services. And in this case, right? It's parking. So would they stop getting services as long as the services funded. I'm not sure anybody would come back and say, Please task me more. So in in just to to put a finer point on we've got. We've reached a point now with the districts where our sources of funds are greater than our current uses of funds. So part of the conversation that we wanna have with the Commission early in next year is an exploration of with no changes in the services that we're currently providing. What's a realistic level could be brought to where we're still able to maintain the current level of service. knowing that you know, our Td. May at some point increase the cost of the the transit passes significantly, or there might be a great opportunity for the district to to buy up some level of transit service. That's very compelling, that that therefore the the uses of the possible uses of funds would exceed the current sources of funds. And then we have a conversation.

[27:22] And so that's those are the paths that we want to explore in the conversation early next year is whether or not we want to, and and are able to identify uses of funds that are very compelling and and important, and a top priority, and maybe maybe the we don't. We don't pursue a reduction or temporary reduction. That, you know again time will tell but we have some work to do there. Thanks.

[28:01] If there are no other questions from commissioners, then that concludes matters from staff. and I'm gonna hop off if that's all right. Good to see you all. Thank you. Thank you for getting that. You're welcome. I don't think any other questions. I think our our matters from Commissioners are dependent on members not present. so maybe we can table both of those for the following meeting. regarding the bee jad phase 2 that was presented to Council this week or last week. to approve the land use designation changes if I'm under. If I remember correctly.

[29:11] transit oriented mixed use mut mixed use transit oriented development. So I think that the goal of that land use. Designation, if I remember from the conversation, is to provide a high amount of flexibility in the subsequent zoning options that are available in the different areas of the of the phase. 2. I wasn't able to attend the last meeting, so I think we were maybe hoping Sue might have been able to and provide an update. But that's that's the specifics of what I is that there's also included a number of modifications to the city's transportation master Plan, associated with new connections primarily for bikes and pedestrians in the Boulder Junction phase 2 area.

[30:05] And that's being considered by council tomorrow as well. but, as far as I know, no major shifts from the last time you heard from planning on those those items. Any thanks, any questions or comments, or any other distinct items to bring up today or to table for the next meeting. Rebecca Robin. I'll just say that I got to attend the beejad function event, and it was very wet. And I did see Sue there as well as well as some candidates, and I hear that Mayor Erin was there. And there was a brief period without rain where kids got to dance and everything. So really appreciate that that happened, even though we didn't have the best weather.

[31:05] I was just gonna note that I was really sorry to miss it, because I do bike every day to work, and I ended up getting stuck in the rain trying to head over. But I really really appreciate y'all sharing the emails. I found that very helpful, and I think if people are open to it, that might be something we can kind of use like clips from. For you know, getting people to come to future events. Thank you so much vague, and despite the rain, we did get a lot of feedback, positive feedback, and and we would love to to be able to use resources if you all continue to approve to use some district resources to keep things like that happening. Hopefully, with better weather. Great. Okay. Anything else today? Or should we adjourn?

[32:02] I think, since we don't have the other people, we kind of have to. I think over those matters. Thanks for staying after Ryan. I know you're really busy. I do want to note for the next meeting that's scheduled for November fifteenth. If we are going to be considering this petition for inclusion in Bj. Tdm. Is absolutely imperative. We have the Commissioners for that district there. So II you know I appreciate all of you, and we'll work on making sure that Jennifer and and Sue are able to attend Rebecca. Yeah, I don't think. And maybe I'm wrong. I don't think that we are considering reducing it for T Tdm. It was mostly the parking side. so just just in anticipation that that we will get a service back. And that's desired state. Yeah. And I'm referring to the the person that wants to. So we need the Tdm Commissioners here for that. So please please plan to attend november fifteenth.

[33:15] Alright, we'll do. and that's, I think, the fastest mission meeting ever awesome. Thanks so much. Everyone. See you soon.