May 21, 2019 — City Council Regular Meeting

Transcript

Captions from City of Boulder YouTube recording.

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[3:02] [Music] [Music] [Music] [Music] onto the May 21st 2019 Boulder City Council meeting you will notice that we

[4:00] are our ranks are a little depleted tonight so I'm the assistant mayor I Mayor Pro Tem and so I'll be running the meeting until Suzanne Jones gets here 00 and 9:30 and we have two members who are ill this evening so with that council member brachot Carlisle here mayor Jones more so Nagle Weaver here Yates here young president we have a quorum barely okay so we continue recruiting for our boards and commissions we did do some interviews tonight and have filled some positions but there are three positions sorry three boards with vacancies there's the boulder Junction access district which is the parking Commission piece and the boulder Junction access district which is the travel demand management piece and then University Hill commercial area management

[5:01] Commission so all three of those are seeking property owners or residents who have the permission of our property owner to represent them so if you're interested we would love to have you apply you can apply online at Boulder Colorado gov slash boards - commissions so sign up for open comment is now closed and when you come up for open comment when your name is called please do not speak about either of the two issues that we're having a public hearing about tonight the two issues our ordinance 83 25 which is approving annual budget carryover and emergency ordinance 83 26 to adopt rules governing scooters so you may speak to us about anything other than those two and then I would like to get a motion from Council to amend the agenda adding the following three items at an AE police oversight task force

[6:01] amendments item 8f asylum-seeker discussion an item 8g update on dia routes over Boulder so moved can I make an amendment to that amendment I think we maybe should wait on item 8d on the appointment of forcing Commission's for those people we interviewed tonight in light of the fact that we're a little short-handed tonight I'd like to get my colleagues an opportunity weigh in so if would be accepted as a friendly amendment to delete 8d accepted yep mm-hmm okay so we have motion in the second just show of hands okay all in favor thank you and then I think we start with up and comment declaration they do the declaration first oh yes

[7:07] joined up here by Sean Maher you'll find out why so it is long it's pretty hard to annoy people by selling ice cream you offer them a lot of choices maybe a free sample they get to indulge and a guilty pleasure with family and friends it doesn't cost you much that was Sean Maher is life he operated the Ben & Jerry's ice cream franchise on Pearl Street for many years he was doing just fine but a group of folks asked him to help guide other small businesses and to lead the bolder economic council then ten years ago Sean was asked to become the executive director what was then called downtown Boulder Inc it was a tough job responsible for keeping

[8:01] hap-happy hundreds of downtown members as diverse as restaurants stores bars the second floor offices and those notorious banks visitors to the Pearl Street Mall had to compete with pan handlers and skateboarders whenever a store or restaurant closed there was an insistence that be replaced by a local business rents went up and up people claimed that there was no downtown parking locals complained about tourists it was a lot tougher than selling ice cream but Sean handled the job well with grace ease and humor he expanded the membership of downtown Boulder Inc especially bringing in non retail members he worked hard to keep rents reasonable and urged landlords to favor local businesses or national chains he made sure that downtown was clean and safe developing partnerships with the city's police and Parks departments and he helped downtown grow supporting the efforts to add more than 300,000 square feet of commercial space and 50

[9:00] residential units the list of Sean's accomplishments as the head of downtown Boulder Inc would fill several pages here are just a few things that Sean did during his 10 years as the organization's leader Sean founded the taste of parole food and wine event which has sold out every year Sean started the student banner program so that art created by young people can be seen by thousands Sean brought the Ironman and USA Pro Cycling Challenge to downtown Boulder Sean led the formation of the college town summits for the International downtown Association and brought one of those summits to Boulder Sean created a pop-up art gallery at the former stars location and he created a alley art program that we're all gonna start seeing this summer as more Sean replaced the aging Tebow train with a new electric one that is tremendously popular with kids and their parents Sean significantly expanded the downtown holiday lighting program installing more

[10:01] than 1 million lights to brighten our winter nights like tonight Sean procured a new bear statue for the East End of the mall contributing his own money to help pay for it and he secured the approval of the city for its installation which was not an easy task Sean started the downtown Boulder foundation a non-profit there that presents festivals concerts and parades that draw more than a quarter million people to downtown every year Sean rebranded his organization as the downtown Boulder partnership reflecting the relationship between downtown and the rest of the community and Sean partnered with the city on a comprehensive retail study which City Council will be discussing this evening none of this fully describes the hundreds of hours that Sean spent every year setting up concerts cleaning the streets dealing with landlords and tenants helping lost tourists and advocating on behalf of downtown Boulder partnerships more than 400 members he is Tyler tireless and he's always smiling

[11:00] after a decade as CEO of downtown Boulder partnership Sean retired from the organization last month to pursue another opportunity here in Boulder but Sean leaves behind the legacy of a strong team in a strong organization a testament to that is the fact that more than 20 people from around Boulder and across the country applied for his job seeking to continue the good work that Sean started downtown will miss Sean but he's always welcome to come back for a free ice cream and so the City Council of the city of Boulder Colorado declares May 21 2009 teen as Sean Maher day and we urge all members of our community to wish Sean well I'm gonna keep it short I know you have a long meeting tonight the doubt in the name of the downtown Boulder partnership says it all I was in the room when a lot of those things happened but I didn't do

[12:02] them alone certainly not we have a wonderful staff we have great volunteers and board members and the business community partnered with our amazing city staff as well as our City Council thank you all for your service and your support of downtown Lisa Mary we didn't always agree we often did not agree but we worked together we got things done and we have an amazing downtown it's a model of success for the entire country and we should all be proud of what we've done downtown thank you very much open comment our first speaker Sammy Lawrence and just a reminder because there are enough people signed up you'll have two minutes Thank You councilmember Weaver

[13:01] hello everyone I'm pretty sure everyone remembers me but I will introduce myself again my name is Sammy Leon Lawrence the fourth I live at 1926 Canyon Boulevard apartment number 10 Boulder Colorado 803 Oh too many of the comments regarding pending charters at the last city council meeting I agree with I don't like it but I foresaw it and agree with my understanding comes from a previous position serving as a youth commissioner in Sacramento it is because of this experience alone that I understand and respect part of the decision to not include me on the task force to define a community oversight board for the police that being said at the same time there were opinions that were shared at this council that insult Mental Health Awareness Month this month as well as me personally our community

[14:00] the original drafted Charter requirements as well as moral conduct I shouldn't have had to seek additional healing after being assaulted by a police officer because members of City Council ignored or doubted my earnestness about the trauma I experienced your lack of understanding and empathy were revealed and you should be embarrassed and ashamed I have been given permission by Chris Nelson the CEO of attention Holmes to invite all of you to trauma-informed care training because it seems that some of you lack empathy for others in dire situations especially you marry young you hold the greatest of my ire as a woman who has used her race to say as she was a unifier of this community I feel disenfranchised by you specifically calling my actions dramatic and asinine my bad I admit stake that I mistook that word but that was wrong

[15:01] specifically for you likewise if I can be bold for a second there are comments about public and from information that has not made public yet that were not proper we are better than this as a community and all of you are better than this on this area and thank you by the way Sam Weaver for staying quiet because you showed an example besides Aaron Brackett of how to be a proper city council member in this community that we deserve so thank you sir Thank You Sammy Kathleen McCormack good evening my name is Kathleen McCormick I'm vice-chair of the bolder 05 five 11th Street in Boulder the Boulder Arts Commission is here tonight to continue efforts to coordinate arts funding in

[16:00] Boulder with the City Council first a thank you for providing the highest level ever of funding for arts and culture in Boulder tonight we can provide information on the 2019 general operating support grants that have been awarded to small medium large and extra-large organizations the overwhelming majority so far have proved in their grant applications that they were worthy of Arts and Culture funding according to the city's cultural plan and the established scoring rubric for the Arts Grants Program 45 out of 47 organizations met the funding Thresh threshold established by the Office of Arts and Culture this means that the overwhelming majority of applicants have met our requirements and are doing a beautiful job forty-foot I'm sorry they're doing what we've asked them to do and what the cultural plan recommends

[17:01] these organizations demonstrated that they've provided benefits to the communities such as excellent educational and artistic events free performances employment and mentoring for artists our outreach to underrepresented groups and significant and genuine efforts toward equity and inclusion in 2018 the Arts Commission decided to equitably divide up the general operating support grants based upon percentages of projected applicants applying for and receiving grants the main change was that there was one less extra-large GOS grant to be awarded these funds were distributed among the small and medium organizations a quick summary the extra large organizations awarded there were four that we awarded last week kg and you got us or of 33 point 88 Boulder Philharmonic got a score of 33 e town a score of 32

[18:02] point 5 oh the dairy thirty two point two nine however there were four extra large organizations that were unfunded according to our scoring rubric and the first three were tied Colorado Chautauqua Association thirty-two point two five par Lando School for the Arts thirty-two point two five Colorado Music Festival and Center for musical arts thirty-two point two five and the Museum of Boulder @ 31.5 there is a zero part sorry there is a point zero four percent difference between being funded and not being funded and the next the Museum of Boulder score was only 0.75 away from being funded these are infinitesimal differences that decide gold silver and bronze medals in the Olympics we can provide similar outcomes for the large medium and small arts and culture

[19:00] organizations tonight we'd like to discuss the unfunded extra-large arts and cultural organizations McCormick two very quick questions which I think were very quick answers one would it be fair for us to assume that if there was more funding provided for the boulder Arts Commission to distribute that some of the organizations that didn't make the cut might be funded we were hoping you'd consider this good thank you we're gonna be doing the budget in the next couple months so we'll talk about talk about that second can you remind us again I know separate from these grants that you made last night or this week when is the the timing for the facilities based grants that we authorized for this year what when you when you guys guys accept those applications and when will you be making the grants the applications are open and we will be discussing that we will be scoring them prior to our July meeting and then restoring them during the July meeting perfect thank you so much Kathy you can feel free to send us the full

[20:00] text of your comments so that week I think mark did thank you Mark Villarreal our okay chair will be speaking tonight and also Erica Jose who is another they have additional information for you thank you thank you next is Justin thunderheart hi everybody I'm coming today to speak on behalf of Samuel R Lyon Lawrence the fourth I don't come to a lot of City Council meetings because I'm very proud to live in Boulder it's a very amazing amazing City it's got many wondrous things to offer I've already told my parents who travel the u.s. that I think a great place for them to sell down would be Boulder and up until recently when my best friend who I clawed my way out of homelessness with and into success with and stood alongside with for so many years was assaulted it was the first time I had ever felt shame to be living in Boulder and I wanted to speak at the

[21:00] last City Council meeting but I didn't feel it appropriate as it just felt as if I had a little too much rage to speak reliably and calmly about my concerns now that I have the chance to speak calmly I would like to say that I'm quite frankly appalled at how the city I'm so proud of his handled a situation in which somebody was humiliated was hurt physically and denied proper medical care I I love this city so much and I don't want to say that I want to leave over something as small as this and I don't want to hang it over your heads like something it's some kind of inspiring story but I just want you all to know that as a citizen of Boulder that has been here for so many years I'm extremely extremely disappointed I've followed you guys and washed so many reviews of your city council meetings and thought that you've handled so many

[22:00] issues so wondrously and with so much tact I'm just left to ask where that tact is at this given time I'm not per se angry anymore I've quelled that but I am very disappointed thank you very much for your time City Council thank you next is Jamie Morgan hi there my name is Jamie Morgan I'm an organizer was safe we've been working for months now to enact changes at the boulder shelter for the homeless in response to what the Human Relations Commission dubbed potential human rights violations these include people lining up in 16 degree weather five months from downtown five miles from downtown to see if they'll get a bed for the night residents being kicked out into the cold for warnings that were not informed they had been given and then being stranded in North Boulder a resident being kicked out for rendering emergency aid to another resident who was having a seizure and

[23:01] that while staff looked on and of course benjamin harvey being kicked out and then freezing to death on christmas eve every step of the way executive director greg harms and shelter management have refused to make any changes even as small as having shelter staff wear a nametag so residents know who they're interacting with we've even asked shelter management for copies of their training training and employee manuals as a matter of transparency and we're told they would not provide them because they're worried those materials would make them look bad their words not mine I recently met a man who lives under a bridge who said he would much rather stay there than at the shelters his friends agreed one mentioning that he was kicked out of path to home because he came down with pneumonia and was not able to ride his bike to the shelter every night while he recovered we're gonna see justice at the shelter one way or another but having the support of city council will make this process a lot easier for everyone involved the shelter is a necessary service for all Boulder residents and it needs to be held to the highest regard we wouldn't

[24:00] let a hospital treat people like this why would we allow it for our own house neighbors I also want to mention that the only reason any pittance of justice was seen for zayday Atkinson the man who asked and intimidated by Boulder PD for picking up trash all black was because someone filmed that interaction the Boulder County Democratic socialists of America and safe are holding a film and police training on Saturday June 8th at noon at the Boulder Public Library in the Boulder Creek room it is free and open to the public we to see it as our civic duty to hold those with power accountable and this is especially true for the police who are granted the right to enact violence upon all of us thank you next is Robin Ryan good evening ladies and gentlemen my name is Robin Ryan thank you for the opportunity to address you this evening but I'm afraid that's where any level of

[25:01] gratitude is going to cease I've been spending the bulk of my nights at September 1st 2017 as a bolder shelter for the homeless in February of this year I met with their operations director over a four-page grievance that was filed the following Monday he took to the airwaves and he and his executive director insisted they should not be subject to oversight because they take responsibility for people's safety I submit to you that when a threshold is set to leave people outside waiting in the cold at 16 degrees have these people have no clue a very limited scope of definition and how they see what is safe the city funds this facility to the tune of $300,000 a year those are taxpayer funds they insist

[26:00] they are privately run but they are publicly funded unless it is your intention to be reflective of the epic failure of leadership at this facility I'm urging you to withhold all future funding without his resignation I'm asking you to clean house anyone who approved or agreed to enforce a 16 degree weather policy should not be delivering these kinds of services in my less than humble opinion two years staff management board anyone who says that 16 degrees is warm enough to remain outside while you're admitted to the building housing to cool of what does he mean much less charitable Thank You Elizabeth

[27:07] you oh hi Elizabeth black 43 14 or 13th Street here's some information about agriculture in Boulder County from the USDA it's also on your handout way back in 1950 when most of us were just a gleam in our daddy's eye a little over half of Boulder County was farmland the rest of the county was covered with forests and small towns today less than a quarter of Boulder County is farmland a 59 percent decline in agricultural acreage over 67 years way back in 1950 there was a whole lot of irrigated farmland in Boulder County about 41 percent of the county was supplied with some kind of ditch water some of those ditches were junior with short water seasons but all those lands got some

[28:02] supplemental water for crops and livestock today only 6% of the count entire county is irrigated and 86 percent decline in the amount of irrigated farmland remaining in our county way back in 1950 the majority of all farm acreage in Boulder County was irrigated lands 74 percent of all farm acreage in the county was supplied with supplemental water to go grow crops and past your livestock today the ratio of dryland farmlands is almost exactly reversed today only 25 percent of our remaining agricultural lands have supplemental irrigation water this has huge implications for our farmers because in our arid West water is life and it is very difficult to farm without it without irrigated lands cash crops no

[29:00] longer grow livestock carrying capacity shrink and profit margin Spanish this is why our farmers and ranchers cherish and defend our remaining rare and precious irrigated farmland thank you thank you next up is Darin O'Conner hello Darren O'Connor 25 year boulder resident I'm here tonight to talk about the recent internal affairs investigation of zayday Atkinson and the seeming lack of concern in the cases of excessive force leveled against officer Lola Tai given the finding of internal affairs that there was no wrongdoing when eight officers detained Atkinson some with guns drawn we must conclude that frankly there's a problem with the standards the same goes with a finding of no racial bias which on its face leaves us surprised as a community the conclusion of Internal Affairs and the police that there is a need for more de-escalation training is an obvious one but without

[30:00] objective measures and policy training could very well be meaningless we want to know how officers will be held accountable and that de-escalation will be used in practice not just in press releases recently members of council defended officer Lovett eyes use of force for de-escalation and no force at all should have been used fifty-year-old 502 inch Michelle Rodriguez and disabled Sammie Lawrence have both spoken of such incidents and Rodriguez was recently found not guilty of a charge of obstruction after a jury viewed the video of Lola ties slamming her face to the ground she was attempting to dial 911 one and complying with commands when Lola ties slapped her phone out of her hands I'm bloody to her face now we have video in a lawsuit against the city because Officer Lola Tai appeared to lose his temper and launched a 40 year old 5 foot 4 inch Kelly Clark into the air and onto her back injuring her perhaps most upsetting his Boulder knew of Lola Ty's penchant for excessive use of force before even hiring him due to an investigation of a strikingly similar

[31:00] example in his previous employment despite all of this we hired Lola Tai and have let him loose against the boulder community to our detriment and danger and now the city is being sued just as with the investigation around detaining mr. Atkinson it is clear with officer Lola ties incidents that there is a problem with our standards and our policies both in higher and overseeing our police force the community demands and deserves better thank you thank you next is Catherine Breen hi my name is Catherine Breen I'm here on behalf of Leslie birch a former Boulder County resident her sister Suzanne Wall lived on Boulder streets for four years until she died of pneumonia and organ failure in Boulder Community Hospital in October 2014 Leslie reached out to me and other activists with safe Boulder with the idea of creating a memory book about Suzanne's life hoping that we could

[32:01] deliver it for her to policymakers in the city this is what brings me here today here are some excerpts from Leslie's letter she writes my intent and my hope is to remind all of us that people who are homeless are first and foremost human beings people who have taken or been forced by life circumstances to travel a path that might be beyond our ability to understand or judge could I have ever foreseen in my precious beloved sister becoming homeless when you look at these photos could you I have imagined enough now for my fog of grief to begin addressing life on the streets for my sister and other people experiencing homelessness in January I read about the boulder city council turning down the proposal to keep the severe weather shelter open all winter my visceral reaction to that news alone moved me to tears she goes on I urge Boulder City Council to expand your services and afford affordable housing programs to alleviate the suffering of people living

[33:00] on the streets and to help prevent more families from having to endure the grief of losing a loved one to the rigors of homelessness and now I share with you a glimpse of my beloved sister most sincerely Leslie birch now I'd like to give each of you a copy please read her full cover letter along with the booklet and some people are missing if I give all of these to you can you hand those to me thank you thank you next is Patrick Murphy and then after that mark Villarreal my name is Patrick Murphy I live in Boulder Muni stranded cost slowly part three so based on Boulder being 3.8 percent of Excel the 120 million - selling off 1% of excels power each year a minus B

[34:02] would be year one eighty eight point four million year 256 point eight million year three twenty five point three million total one hundred and seventy point five million if Boulder can find a buyer of one percent of excels total for three years in a row starting with one percent in year one that one hundred and seventy point five million then has to be multiplied by the number of years Excel could be expected to supply Boulder maybe that value would be three so three times one hundred and seventy point five million equals five hundred and eleven point five million not zero two hundred and twenty five million sounds a lot better now doesn't it but it'll put the muni in the red well past twenty thirty three you should know that there wasn't even a place to put stranded costs in the financial spreadsheet until 2018 and that was

[35:00] after a December 2017 meeting I had with community members Heather Bailey and Tom car were they committed to putting it in the spreadsheet it took them a year or rather eight years to get that done the muni stranded costs low lie needs full explanation not excuses claims of it's too complicated are pure deceit and not professional we have been duped Mark Twain said the glory which is built upon a lie soon becomes a most unpleasant encumbrance how easy it is to make people believe a lie and hard it is to undo that work again and I'll add and again and again thank you Mark Villarreal hello everyone I'm mark Villarreal I'm the chair of the bolar Arts Commission and I live at 4140 Evans

[36:02] Drive I'm gonna pick up where Kathleen left off so she kind of broke down this or large or extra large organizational scoring that same scoring breakdown and that same sort of thin margin of funding or being unfunded is throughout all the organizations small medium large it was that's close it was that competitive that close with a difference what I but I'm here before you we're all here before you tonight to recommend that funding be found for the four extra large organizations that did not get a score from us you know we ran out of funds before we ran out of organizations and that means 50,000 for each organization for the first year alone that's $200,000 it's a $50,000 grant for three and a three-year cycle so we feel that these four institutions they're you know some of the crown jewels of our cultural scene deserve to be funded one

[37:02] thing that you need to remember is that parlando School of the Arts and Colorado Music Festival and Center for musical arts do not qualify for the last remaining large grant in our program which is the facilities grant so david they're left out in the cold right now the other two organizations have a shot has some of that money in the past here Arts Commission has discussed removing the Community Grants portion of our grants and rolling that into general operating support that has only $80,000 and this is money we're talking about for next year what we have in our grants program that is not part of the general operating support adds up to one hundred and seventy three thousand dollars we could gut that and put it all in the general operating support and make a good a good effort to fund these four organizations for next year but that will eliminate community project grants arts education grants cultural field trips or title one school children

[38:01] professional development grants and even more thank you thank you next up is Leslie glycerin good evening Council lassic lustrum I live in Boulder and I'm here to thank you for the good progress you've made on Energy and Climate and I just want to briefly respond to Patrick he threw a lot of numbers up about stranded cost possibilities these are obviously very controversial and unknown there's a number of things at ways that we can both mitigate them but either way we know that excels rates are going up and we know the cost of the renewable energy we want to buy is going down we it looks like we can save many tens of millions of dollars a year on those acquisition costs for our energy if we move more quickly to wind and solar when the time

[39:00] comes we'll take a hard look at it in the meantime thank you for doing what the electric told you to do that's what democracy is about so thank you by staff and by council staying the course we have lots of programs we've reduced the energy usage in our city buildings by something like 46% we consulted with thousands and thousands of businesses and homes we have worked and the staff has worked and the council has stayed the course incredibly hard to do that we've separated our our GNP which is going up dramatically the orange line from our greenhouse gas emissions which are going down significantly not as where they need to be by any means but this decoupling of economic growth and greenhouse gas emissions is a huge accomplishment and and everybody in this

[40:02] community should be very proud the council's that came before you again the staff who's worked so hard this is really a big deal and then I'll just briefly mention for those that don't know yet we have a Carbon Farming project to get carbon out of the atmosphere and into the soils being led by eco cycle if you just look up carbon fiber being eco cycle its ton of fun thank you so very much let's keep going Thank You Rosie next James Feeny though James Feeny from North Boulder first to comment carbon monoxide monitors cheap off-the-shelf commodity product Oh underutilized when carbon monoxide is continuing to send people to the hospital while on say in Boulder in Longmont hotels 2012 International Building Code and fire code requirements for carbon monoxide alarms adopted by reference do apply to both group I and our occupancy which includes hotels motels and apartments the Boulder hotel

[41:01] where this carbon monoxide poisoning incident occurred received and retained sales and use tax license without complying with the fire code requirements how do we know then that all the hotels within the city of Boulder are currently in compliance with the carbon monoxide modern standards given that the City Council expressly disclaims any liability for Building Code non-enforcement by city manager and given that they're potentially lethal consequences I support City Council budget allocations for necessary and sufficient number of qualified fire safety inspectors and rapid adoption of last year's international code revisions second I have a question for city manager again five weeks ago city manager suggested both that the dark sky ordinance might be enforceable and also suggested the Bolar city ordinances could not be enforced against either party to a mobile home park land lease that legal theories struck me as fanciful at best specifically the legal theory seems to directly contradict the general language

[42:01] of Boulder vais Code Chapter ten two point five abatement of public nuisances and especially section four nuisances prohibited which specifically references any person having a leasehold interest in any lot in Subsection 412 to see which paraphrasing says no person shall alter any building in a mobile home park unless the person complies with all applicable city codes so now after an additional five weeks of review has city manager finally compiled supporting documentation for this legal theory of non enforceability and where the Boulder Charter imposes a duty to enforce what position that on enforcement or non enforcement with respect to boulders dark sky ordinance in effect now for four and a half years has city manager formulated Thank You mr. Feeny Erica juice next good evening Council my name is Erica Jos I live at 195 one

[43:01] Vista Drive in Boulder I wanted to start off by thanking you so much for the bolstering of funding this year especially with the facilities grant as arts commissioner it's been an honor to work with these organizations and I'm going to expand a little bit on why the funding would be really necessary and how the organizations are really living up and beyond kind of our request to ask them to push past flowery language around inclusion and really kind of strong pipelines to Ward's inclusion inclusive work in the city arts and cultural and cultural organizations are blossoming beyond their arts and culture roles in Boulder in addition to being model organizations of artistic excellence in all arts modalities visual musical dance theater historical and curatorial they were making dynamic strides towards inclusion and collaboration with non arts community organizations that we haven't seen before in the past two years we have witnessed a number of non arts community organizations being included in arts and culture projects and meaningful and impactful ways these include and are not limited to the community foundation Boulder Valley School District right

[44:00] relationship Boulder El Centro Amistad circle of care out Boulder and black lives matter 5280 the Arts Commission has demanded this from our cultural and artistic organizations they're all rising to the challenge arts organizations doing high-quality critical community building cannot be unseen and unsupported by the city these organizations work incredibly hard to meet the standards for these grants we have a responsibility to ensure they are merited for their work so they can continue creating genuine genuine avenues of engagement for boulders underserved and marginalized communities we had some conversations with some organizations after the last grant cycle and some members of especially in particular in the small grants organizations left pretty despondent it's not just if they will have to leave Boulder and find other communities to do their work in but when and we find that that's a critical issue so thank you again for all of your service thank you John glades

[45:03] mr. glades here no Rachel friend hey i'm rachel friend fraser meadows resident and before i start what I wrote up I wanted to take a moment and say that I think broadly I'm here on the same thing that Darren and Sammy and sort of these front three rows are on there talking about policing tactics and sheltering people and basically making sure that you all have compassion for those of us who are vulnerable and need your protection and my sense is that people don't feel that you are showing us compassion and taking care of business in the way that needs to be done to make sure that your constituents are safe as I'm sure you all know the plan for flood mitigation for South Boulder Creek got flushed down the

[46:00] toilet yesterday so that's the lack of compassion that I'm here to talk about you all chose this single plan that Cu told you was a dead end that everyone in harm's way told you it was a dead end and that your expert advisory board Rabb told you was a dead end we all in my neighborhood pleaded with you not to pick variant one because that would for sure mean delays and delays since lives are in danger is something that we were so eager to avoid and that's especially true because we had three other viable options the expert engineers you paid millions to said that variant to 500-year was a perfectly viable concept that also gave you these same benefits as variant one but here we are nine months after your vote to pick the only option that was a surefire dead end and we're back to square one and I don't know what your end goal is but common sense tells me it cannot be to protect lives as quickly as possible

[47:01] because if that had been your goal you wouldn't have gone with the option that was guaranteed to create delays where at nine months it's probably going to be years so I would ask at this point what are you planning to do I would hope that you're going to hold an emergency meeting and get a move on with variant to 500-year because that is the only viable path forward at this point if indeed you want to urgently protect our lives thank you thank you Lyn's ago when sigil mountain heights I have to respectfully disagree with Rachel I think it's really disingenuous for Francis to now say this and bring up the neighborhood down stream all the boulder is affected by overtopping on on the highway you know 36 and [Music] sometimes things take time to do things right like we like change a whole

[48:00] alluvium takes time now what I wanted to talk to you about today is deconstruction of Alpine balsam and it occurred to me in talking to a Rican deconstruction person Russ that city staff were consulting with about this that the new houses these days are not reusable okay there's glue there's all this stuff and we're building as fast and as high as we can you know no open space just like build build build and and all this new build is not reusable so there's an embodied energy cost that isn't being accounted for the deconstruction at

[49:03] Alpine balsam is like something that really needs to be thought out very carefully and the reuse value of the embodied energy the full lifecycle analysis of all the products that go into a building taking each nail out all the labor all of this stuff is really costly and so I say thanks twice we probably could do some creative architecture in spite of what Susanne saying that it's dark and everything there are ways to do things good evening Council I'm Dianne Karl and I live in Boulder South Boulder I'm here to talk about the FA s plan westbound jet departures over Boulder we've sent you information and we can share with

[50:01] other people who would like to have it but the short story is that FAA in about 2013 ramped up their flights over Boulder they changed the direction of the Parcher flight path one of them and by 2017 everybody was noted noticing major noise problems in South Boulder it's like having a jet freeway overhead when they turn on that hitting and send the planes over us the rock faces to the west of our town really create a lot of extra noise reverberating noise and this is not accounted for in any of their computer simulated noise studies so they treat us like we're flat ground and we're not and a lot of people down there really suffering from this extra noise we've been trying to work with the FAA me for a couple of years a group of people have continuously worked on it and the FAA is not too interested in

[51:00] listening but just recently they put out their final plan for what they wanted to do for the jet pathways and decided and graciously to move the one we're suffering under 0.5 miles to the south of the city limit the southern city limit which really does not solve anything they admit that it's not going to solve the problem so we are hoping that you will help us get them to adopt a complete zimmer noise resolution this would adjust the departure route south of Rocky Flats where they were historically in the deadline for this comment is June 6 we hope you will take supportive action before that date the FAA has not been responsive to citizen groups we need your help to restore some peace and quiet in our neighborhoods thank you thank you finally Lyndhurst

[52:07] good evening i'm Lyndhurst i live in southeast boulder I've been sending this to you now for four years so I'm hoping that maybe some of you will reconsider Alpine balsam as a homeless shelter instead of offices as a homeless shelter the rooms would be efficiency apartments they each have a bed furniture TV closet dresser sinks bathrooms the nurses stations can be converted to common areas the common areas can have a small kitchen the extra rooms on the floor can be a library computer room classrooms laundry rooms exercise equipment each floor can be separated into a male wing a female wing couples wing family wing you could have a limited living in a hospice wing the ER could become a doctor's office or it could be a people's clinic the lobby can have a

[53:01] dentist office or dental aide you could have your gift shop which already is there your optician glass store a hearing aids store pharmacy a thrift store beauty shop barber shop coffee shop bakery flower shop it's endless the main lobby can be open to the public you have a live a records room downstairs that can become a library you have a cafe already there it could be called it down under it could all be open to the public the records of the upper floors elevators and stairs could be accessible only by a keycard the top floor would be reserved for teens 14 to 21 accessible by a special key card that only they would have that would keep them safe and protected the main floor has a lot of back rooms accessible only by hallways these could be used as classrooms you get a valid the job training and HVAC plumbing electrical computers landscaping social media food service accounting

[54:00] secretarial they could get their diplomas not GEDs they could apply to colleges and get grants they would be qualified to get jobs because now they would have an address thank you thank you right thank you that is the end of open comments and now we move to consent agenda or response so one of the speakers tonight miss Collette was talking about the FAA and we had scheduled that later this evening but I can address it now if you'd rather so there was a public meeting a series of public meetings by the FAA at the end of April and early May our staff attended those and our understanding and listening to the comments that we're receiving from our residents the last time that the FAA

[55:00] asked for comments was in 2017 and Mayor Suzanne Jones sent a letter to the FAA which perhaps resulted in some of the minor changes that they're making now the deadline for current comments is June 6th and we are working with Mayor Jones to send a letter on behalf of our community urging the FAA to make further changes to support our request that noise be reduced in self older so that will be sent out on time and we urge the residents to send letters as well do you need a motion from us on that are you just gonna do it we're just gonna do it Thanks Thank You Jane for the FAA comment on the Metroplex there was another person who came up and I may have missed a report but James Feeney spoke about enforcement of dark skies and mobile home parks and I don't know

[56:01] if you see talked about something you had said now I may have missed it no so he mr. Feeny appeared I think several weeks ago April to make these statements and the the answer to those statements is that apparently because mobile home mobile homes are located in parks and my private private property owners we are not able to enforce it I checked in with staff and they told me that they had spoken with mr. Feeny before and that there's not a change in the interpretation of the ordinance so would there be an opportunity for us to reach out to the owners of the mobile home parks and see if we could yes I suppose we could do that but we cannot force them to do it unless there were some sort of ordinance change perhaps so I would rely on the City Attorney's Office to tell us if we could do that or not okay I mean it's I guess I would like

[57:04] our residents and mobile home to have the same basic rights as others who live in nine mobile homes we all would yep so I'd like to look into anything else in the council items a through our are before you tonight on your consent agenda very another question on item 3e which is the air rights on 2920 Pearl Street let me see if I got the address correctly 29:20 Pearl Street I just wanted to understand how the bridges can be built

[58:07] prior to obtaining a permit for them their use hi Merry Christmas checking around planning director so to clarify your question a little bit the question of the construction that's happening on the site now versus the process that they're going through to obtain their rights easement now is that what you're really asking uh-huh so they you're correct that the construction is underway at that site and actually the second item in this revocable is related to the bridge on the site and the bridge is also already in place so at the very end of the memo we talked about the matrix of options council does have options if you don't want to approve this lease either they can do a short term less you know three years or less or they would have to stop and redesign the project so it was without a permit

[59:01] getting applied to is that what happened no the overall design that master site design was approved as a part of the overall site review including that bridge connection and then the ditch and the Slough that runs through the site it's a matter of just making sure that they have that right revocable lease because they're crossing a city easement in this city code it talks about that if you if you're gonna cross the city easement I'm you need to be able to have a revocable lease for that that space okay so let me see if I understand this so it was approved it's night review and the bridges were there at site review and so this is kind of like doing the the construction work and the permits for something such as those bridge are obtained during that part of the process not prior to site review correct okay thank you so we no longer have a

[60:06] quorum I'd like to move the entire consent agenda okay show of hands this is a roll call we start with councilmember Carlyle I Marcel I Weaver all right yes hye-young yes the motion passes unanimously you have three columns before you tonight a drainage easement vacation for 746 Cottage Avenue a landmark alteration certificate for 835 Pine Street and the

[61:00] landmark alteration certificate for 1836 Pearl does anyone have any interest in calling any of these oh okay seeing none we can move on I guess your first public hearing a second reading of ordinance 80 325 approving annual carryover and supplemental appropriations did you make a statement I know there's a couple of people that came this evening wondering about the outcome of 746 Cottage Avenue so the fact that we did not call it up means that we won't be taking it on tonight so those of you were here for that can go home so the next item on the agenda is Lynette indicated is the Supplemental public appropriation which we always called the first a judgment adjustment to base I don't know Josie but Gina has been with the city for a number of years and works with the budget department our Budget Officer Katy was not able to be here this evening so Gina let's take it

[62:00] away as Jane said I'm missing your budget analyst in the finance department and I'm here to present the first adjustment to base so each year's council has the opportunity to adjust the annual budget so we usually usually these requests fall under one of these four categories they're new or additional revenues received but we're not budgeted there are projects that started in a prior year but not completed also grant revenues are up can you speak into the mic okay how's that all right and the fourth the last category here are additional priority needs that were

[63:01] identified since the annual budget process we bring forward two formal supplemental budgets annually in May and November and occasionally we have a need for an off cycle supplemental for special things like tax initiatives that were approved but not budget the revenues and expenses were budgeted or time-sensitive large item needs where the funding needs to be done before we can get it into one of our formal supplementals so we typically have two types of carry overs the in the first adjustment to base typically has our we have to time sorry we typically have two types of budget adjustments carry overs and supplementals typically carry overs are in the first adjustment to base only and these are usually project often for capital or operating projects such as master plans we also have carryovers for grants where the timing of the awards are different from the fiscal year we also have supplementals

[64:02] and supplementals either come from fund balance or a new revenue revenue source and they're usually for new initiatives that were identified in the current year the 2019 first adjustment to base is a total of 191 million dollars and of that 28.3 is in the general fund and 160 2.7 are in restricted funds and you can see the breakout here between carryovers and supplementals and there is some additional revenue associated with those supplemental adjustments just to give you a historical perspective of what we're bringing forward tonight here is a slide that has our previous three years plus 2019 of our first adjustment to base and if you'll notice there's a big variance between 2016 and 2017 and 2018 and 2019 in restricted

[65:03] funds that's due largely to capital project carryover the general fund as you can see in 2016 and 17 have been about 17 million dollars 2019 is 28 million dollars and that includes an 11 an eleven million eleven point eight five million adjustment for hospital d construction costs 2018 was a little less than what we have normally had because of all of our budget reductions in holding the line so this slide just represents a few of the types of adjustments that we have in in the first adjustment who pays for the general fund for example of that 12.2 million in carryover in the general fund there's about three million dollars in there for innovation technology and capital carryover there's also nine hundred

[66:03] thousand dollars for this got carbon to pool and 2.4 million for electric utility development and about $600,000 for substance abuse awareness and as part as for our new supplementals that total was about 16 million dollars and of that I already mentioned the 11.8 5 for the hospital deconstruction there's also addressing some unfunded needs here for fire station 3 and also additional for the fire station deficiencies and equity compliance and the fire's fire record management system and those total about a little over 2 million dollars there are also additional resources for marijuana licensing and compliance and what I didn't mention before was that usually these adjustments to base are for one-time funding but we do have an

[67:00] ongoing funding supplemental here and that's what this one is at a total of about nine hundred and thirty-eight thousand dollars I'm sorry before I move on to the next slide just a quick question on the electric utility development project carry over that's not a use of general fund for the utility that some use of the utility occupation tax is that correct that's correct thank you yes and there also some another question I have a quick question regarding the marijuana licensing and compliance I was just curious to know if you have a more detailed slide coming up or is this the opportunity that I would we don't have a slide on it there was more detail in the agenda but we do have staff here that could bar okay I have a question in the memo on page 636 there's

[68:03] a reference to I'll read the paragraph workload related to marijuana businesses has increased substantially over the past five years as the industry has changed and matured without additional dedicated resources in lieu of capping marijuana businesses the working group is requesting the following additional resources and I was curious to know what working group that was referring to what we did is we created an internal working group to figure out what additional resources were needed because we were having a staffing issue with regard to the marijuana businesses so it wasn't a special working group it wasn't the marijuana advisory panel it was an internal group okay great thank you that's very helpful and then just another question regarding the numbers there's 3.7 million that is

[69:03] revenue from the excise tax and then the 780 8470 which is the total expenditures so does the balance go to the general fund so the revenue brings an approximate leave the marijuana revenue brings it approximately four million dollars to the general fund every year and so that amount is being is going to be reclassified as ongoing revenue and currently with our expenditures we have about two million dollars that we're using for our ongoing needs and there's about two million that's going to be available for ongoing needs for future use so just to clarify I'm jeanna said I'm going to say it a different way in the past we have used these marijuana revenues as one-time revenues because of the position that the federal government

[70:00] takes with regard to them but we now believe that in starting in 2020 not that sure but in 2020 we will be recommending that council count them as ongoing revenues so we're already taking two million off the top for so doing the marijuana work itself and the additional two million that we'll be getting will be using for general fund purposes and prior to that was it classified as of the it was one time revenue and we used it sometimes for for capital or one time other expenses okay in the general fund okay thank you so a good question and I don't know if this is the right place to ask it I can wait but I put out a question tonight about about our April 9th study session and we looked at a whole bunch of other options or other things that we were interested in and I really don't see an accounting of all of that and so I'm wondering where that is

[71:01] so we didn't we decided we decided not to sort of rehash that the items that you put in your hotline are these fire station deficiency and equity compliance are in this first adjustment to base and that's I thought that was up there but I guess not the you would we had transportation core maintenance and operations again in the first adjustment to base then in the 2020 budget what we intend to bring forward is the municipal building east door entry and we can't do it now because we're still finalizing costs on that the radio services infrastructure the library master plan maintain service level sorry so those will be in the 2020 budget this report I mean reading this tonight was really somewhat difficult I don't think it was really well put out there in terms of what we're approving and you know we

[72:01] went from April 9th to to tonight or today's memo and it's like apples and oranges so I'm just you know I do have a slide from the April 9th meeting so this was one of the slides that we had with all of the immediate needs and what the total cost was and then this next slide I'm gonna apologize for this i just copied these over real quick and didn't realize that they were all right so we discussed on april 9th is that we do not have the current dollars to fund all of these items and so actually as a result of the April 9th discussion is why we had the meeting

[73:00] last Thursday to talk about whether or not we were going to be moving forward with Alpine balsam and the hospital deconstruction particularly because we know that the total cost for that is going to be somewhere between 11 million and 16 million I think we chose the larger number and the council directed us to move forward with the hospital deconstruction so we are moving in that direction but we knew too that we should try to be able to find the dollars to do some of these things even though we can't cover every single thing and so we're adding money as Gina talked about for the fire stations three construction records management system the fire station deficiency and equity compliance will be in 2020 guards will be

[74:01] discussing will be finding money for that see what other ones wage increase will take effect in 2020 the transportation core maintenance and operations we funded in this first adjustment to base the library master plan will be in 2020 the radio services will be in 2020 so almost all of them are ones that we are going to take care of either this year next okay have this broken down so we know what we're doing and approving so that I appreciate it your response but if we could get that in writing so that we in the public know yep so we can follow up after this evening with this list and where the dollars yeah it would also be

[75:01] helpful in front of all of these they don't I mean this has some breakdowns but it'd be nice to know the breakdowns that we got into April 9th study session okay okay thank you we'll take care of that thank you for putting that together welcome me back to where we were oh and I just so continue on with this slide there are a few staffing needs and here for planning and public works and also the council assistant is included in this adjustment so some examples in our restricted funds of budget carryovers are and the total of this was about one hundred and fifty six million dollars in total carryover there's about and these are just some examples of items that are in there that this is not indicative of everything there's eight hundred thousand dollars in community housing assistant programs there's about

[76:02] 16 million dollars in the community cultural and safety tax and 8.1 million of that is bond proceeds for fire station three how much in the community culture and safety takes total carryover is about 16 million dollars and 8.1 of that is for fire station three thank you and that's funded with bond bond proceeds and capital improvement how much well total well I don't have total CF you know majority of the hundred and fifty six million dollars is CIP and a large portion of that is in the utilities funds that's 64 million dollars between all of those funds there's also 15 million dollars in the open space fund so the utility fund just for an example the wastewater fund has 32 million dollars alone in CIP

[77:00] carryover for very sewer replacements and rehabs and OSP the 15 million dollar carryover includes about seven and a half million for current and future acquisition of lands so moving on to the budget supplemental examples this vision zero implementation is also part of that transportation core and maintenance operations and that's about six hundred thousand dollars so also there's additional funding for the scott carpenter pool and the amount of 1.5 million climate action plan tax programs initiatives a 630 million and about 360,000 dollars in various Parks and Rec grants six hundred and thirty million three hundred sixty thousand in Parks and Rec grants and 30 thousand and

[78:01] vision zero and transportation core maintenance and operations improvements how much in climate action plan tax programs that was six hundred and thirty thousand okay you just I would just like to comment that I agree with Lisa that it'd be helpful if the numbers were broken out you know see 18 topics just for this lesson for the public as well thank you right there's there's an attachment to the agenda that has lots of detail with that attachment is not help at all you know this is not a really good way to move forward with the budget and in presentations and in the materials given to us it needs to be spelled out exactly what money is being spent for the council to know and for the public to be

[79:00] aware of and doing this at the last minute doesn't work okay we'll work on making that more clear thank you thank you so I want to make a note that the packet actually contained two copies of ordinance 83 25 one with the hospital T construction costs and one without and staff is recommending consideration of the version with the deconstruction costs in it and that's the end of the presentation I stand for any further questions questions so open the public hearing we just have one speaker okay

[80:03] so you will have three minutes great thanks three minutes hi thanks for having me so my name is matt from ER I'm a resident and I like to comment on the proposed electric scooter moratorium I think this is a bad idea for numbers that's gonna be public hearing next so we're doing the budget right now okay I think I signed up for this one that's it on the budget No okay well why don't you wait till the next hearing good cool sorry we don't have a

[81:00] quorum so could we get a couple people back here we go I would like to move oh god I lost track of the ordinance number ordinance number 8 325 version a which I believe is the one that includes the hospital deconstruction that we discussed last week is that correct yes yes second okay discussion I won't be supporting it I won't be supporting this because I think still with the Alpine Boston project I still think we have a lot more work to do and I still do not think the deconstruction has been properly vetted and I want to know some other versions in terms of how that building could be reused and could you take down and it seems to me from the get-go it's

[82:00] been kind of pre assumed that we're gonna take this whole thing down at the start and there hasn't been I don't think really detailed analyses except that this is way it's gonna be and it'll be too expensive if we repurpose it I've been speaking with and they being planned so I write email before in the next week or so laying this out and we'll plan on discussing it comes to us on June 4th I'm not gonna argue with Lisa but I do want to just state for the record that when we met last we can discuss this pretty extensively the the net result was we already construct some of the

[83:00] hospital buildings but not all of them the construction will involve about 3/4 of the square footage of the buildings in existence the other quarter will be preserved that includes the Breton building the parking garage and the pavilion building that we have some work to do on the pavilion and the cost of that but I just wanted to be clear that we're not I'm turning down the entire hospital and and I appreciate that I I'm talking about the part that is being discussed I don't see there's been no discussion about reuse of the basement and to use it as council chambers underground theater some other kind of creative space there's 210 thousand square feet of rooms that I think could be repurposed and so anyway I want to see another analysis and I'm not willing to move forward on this request okay

[84:03] so roll call though okay we start with councilmember Moore's L know Weaver yes Yates yes young yes Carlyle aye the motion passes four to one your second public hearing tonight is first reading reading of ordinance 83 26 regarding commercial electric scooter companies 2/3 hi I'll be presenting this

[85:10] I'm Tom Curran the city attorney with me tonight our Kathleen Brockie interim transportation director and DK Kemp who's one of our transportation managers the purpose of this agenda item is to discuss the potential emerging it's an emergency ordinance to to prohibit the city manager for a period of approximately nine months to from issuing business licenses to commercial electric scooter businesses scooter companies it would not prohibit the use of East scooters on streets it would prohibit the use of these scooters on sidewalks multi-use trails and on open space to be clear current law prohibits that but it's - to get to that point you have to look at several different parts of the traffic code I'm recommending that we include just a line in this for clarification so

[86:00] people know what's legal and what's not the cows the purpose for the the moratorium and the reason why we're doing it is as I said it's currently illegal in Boulder the Legislature passed House bill 19-12 21 on May 9th which will legally legalize the use of east screws and streets and preamp the city from prohibiting them again we're not going to prohibit them but we are concerned about the east scooter companies coming into the city without any kind of regulatory framework which we have not had the opportunity to develop several East guta companies have expressed an interest in operating in Boulder we've seen as many of you probably seen the impact of these scooters around the country it has different impacts in different places they've prevent it presented safety environmental and particular disability challenges because they tend to be left on sidewalks a scooters could provide an environmental and social benefit I can't tell you how this is going to come out

[87:00] one of the things that we have learned over the last few years the community engagement before making major decisions is incredibly important in the quality of those decisions I think back to the process that we use for short-term rentals and many of you may recall that when we first did short-term rentals the plan was to ban them because the hotel industry wanted that and then this room filled up with a bunch of people who were doing it and council engaged in a long legislative process taking the community input there and I think one of the lessons that we all learn from that was take your time hear from the community upfront and then engage in the process so our transportation staff has developed a an engagement process some of the things that you need to look at is how you regulate the scooter companies there's some interesting technology that's out there that we don't know how good it is or whether it works that well I think that should be explored where where they're allowed there are pros and cons of allowing them a multi-use paths that that need a real

[88:03] good community conversation to developed obviously open space is a completely separate question I'm not suggesting that e scooters be allowed on open space but it certainly should be part of the conversation and then some raised it and CAC one of the questions that I think needs to be addressed is what about other potential micro mobility options like electronic skateboards which we're seeing around Boulder with some frequency now we don't have any framework for regulating them and we don't really know about them so the plan is to well I actually have a little bit of data that's really fascinating this is from 2018 there were 36 point 5 million trips in the United States alone station based bike share 9 million trips on Dhokla shared bikes and 38.5 million trips on shared scooters what this sort of shows is what I think many people have seen is that doclets bikes were originally concern and as you may know we have a pilot project going on with dhoklas bike companies but the technology has outpaced those companies

[89:01] and for the most part they have moved their business from dock less bike shares to ductless scooters and so we're kind of a step behind the the industry which is always challenging and this is a is a quick-moving industry but you can see that the number of dock bites has gone up in 9% from 2017 so we're seeing station based bikes growing as a micro mobility tool but we're also seeing around the country and a significant increase in the use of shared scooters some interesting safety information this was in an article that was attached to there's actually a study that was that was linked from the memo they did the Center for Disease Control did a study in Austin Texas from September 5th through November 30th 2018 and they found that during that period 271 people were injured on scooters half of them had hell had head injuries that would have been preventable by wearing a helmet 55 percent were injured in the street 33 percent on sidewalks 33 percent had drink alcohol in the last 12

[90:01] hours I'm sure that shocks everybody and 33 percent were injured on their scooter ride and I put these out there because it suggests that there are some frameworks for potential regulation that might address some of the safety problems if that's a major concern for council I think understanding this data better and understanding what our community expects better is part of the reason for doing a community engagement project and so the motion that we proposed is to I have this do you have you passed these emergency ordinances as provided in the packet question is probably for Kathleen or DK the proposed motion talks about a nine-month process and I agree with everything Tom said about community-engaged I know that's gonna be important we would have to get tab involved but do you think it would be possible to do this in a shorter period of time in the period of time that I'd like to just throw out there would be before this council adjourns in November so in other words make the moratorium more in the range of five to six months do you think you can do the community

[91:00] engagement and the piloting that that you'd like to do in that time period if we could find room on our calendar in October can you meet that please come in please answer Bob's question if we got tabs involvement in Big Time right okay I'm good evening Kathleen Brockie city of Boulder transportation thank you for the opportunity to be here this evening it's a good question about the length of time to do the process we've really looked at this and again we've gone through similar processes regarding the ductless bike share and then prior to that the ebike process that we went through as a community to look at some of these new forms of technology and we just want to make sure that there's enough time to do a robust process and make sure that we're able to reach out to all the different groups in the community have the opportunity to work with Tab work with the other boards and commissions of the downtown so that is

[92:01] part of the recommendation around the nine months is just making sure there's enough time if the if the desire of council was to do it in a shorter amount of time we could read juggle things and try our best to do that the concern is just short changing it and not having enough time to get all of the stakeholders involved and have an opportunity to do the full robust process and to develop the regulations that takes a process as well there's a lot of changing information that's going on around the country in terms of best practice we want to learn from that and apply it here so it's it's having the time to do a well thought out and bust process so and there's lots of things happening at the same at the same time too with the transportation master plan and a lot of the other projects that were working on so it's the same team working on these same projects but we understand the importance of these new devices we want to be open and welcoming to new innovation but we want to do it in a way that also achieves the broader community goals for safety and

[93:02] respecting all of the different needs that we have Lisa yes so we got a couple of emails from two of our tab transportation advisory board members and they both stated that this came out that very late in the meeting wasn't on the agenda I guess and it was somewhat of a surprise to even be there and so on that agenda and they both recommend against a moratorium and to get tab much more involved and so what do you could we do that I mean I guess I'm wondering why tab was not brought into the process earlier since they are our transportation advisory board so that's one question and then to could you involve them in a point that would help to a point that would help accelerate this process and let them be mostly the body that is

[94:02] looking at this process sure so there's two parts to that all and I'll answer both the it is very important to have taps involvement in engagement in this topic on all of our transportation topics so and there's a lot of items on tabs agenda as well initially this item was scheduled for the June tab meeting as a full agenda item at that time this item tonight was scheduled for the June 18th council meeting because of the state the passage of the state legislation earlier in May we needed to accelerate the timeframe of this in order to be able to act quickly and bring this forward to unit in a timely manner so at the May tab meeting I did provide an update to tab under matters from staff and I shared with them the memo that we provided for councils so all of this became very accelerated because of the quick action that was taken through the state legislative process so we certainly do not want to leave tab out of the process we welcome their input

[95:00] and their guidance and all of the work that we do and we want to continue to work with them on this going forward and having in-depth conversations and public hearings with them and also co-hosting public events with tab so we've talked about the importance of having opportunities for community members to try scooters there's people who never tried one and so how do we create a place to do that and how do we co-host that with tab so I think there's a lot of opportunities to work together and then at the state level when this legislation was passed what kind of process did they have and did they adequately that these safety concerns gonna I answer the we were involved in the state process this was mostly pushed by Denver to address some concerns that they had so CML was actually supporting it we tried to get a later implementation date to give us more time we didn't get that what we basically couldn't oppose it because one of our colleagues was supporting it in CML CML

[96:01] was supporting it so we had we had that and it was passed on May 9th without an effective date and generally legislation like this has some date like usually July 1st so that's what we were anticipating when was passed without effective date it becomes effective the day the governor signs it and he hasn't signed it yet so we original plan and as Kathleen said was to bring this to Council in June have a thorough process before tab when it was it was passed without an effective date on May 9th and then the governor could have signed it at any date we thought it important to bring it forward with two counsel and that was the advice we got those EIC as well Tom isn't wasn't one of the issues with Denver pushing for getting this done that the some of the companies came and unloaded the scooters on the city before there was an agreement with the city about how they be used I'm not really sure about all of the details I but I know that it was important for

[97:00] Denver to get the state to legalize the use in the streets for Denver's regulatory purposes my understanding to a certain extent was that they were trying to get them off of the sidewalks and allow them to be in the streets I think that I think that's right that's what I've heard congestion I know there was never there was a plan to bring tab in we kind of got a little sidetracked as we often are by the legislature and again this past May 9th and we're here May 21st before you so there wasn't a lot of time between that day the other thing I'd like to say about tab is that when we first talked about this sometime in the past right in terms of the the scooters and I can't remember when that was but there has been some notification to the city and to the boards that this is something that the council has been interested in at least in terms of regulation if not trying to get something scheduled so it shouldn't I don't think it should be a complete surprise because it has come before us

[98:00] before so I'll call myself I had a conversation with the bird representative and spoke to them about what they've seen in other communities and it was pretty thought-provoking things Denver has done is I believed that they have contracted to allow a handful of companies to scooters in and they've capped the number per company so there's an RFP process and then you know they selected the more what they perceive to be the more responsible operators and then they've been gradually increasing the number of scooters that are allowed on the streets and I wanted to ask about other micro mobility options like for instance our state boards legal anywhere in Boulder skateboards are really technically not legal anywhere in them right away bring up the general micro mobility with this is a piece of it because I would like to see mini micro mobility modes

[99:00] be treated like bikes and I know that that's gonna require a public outreach process and you know a conversation with bike advocacy groups as well but it doesn't seem to me and as Tom mentioned we've started seeing more of the Electric skateboards around as well and those are clearly an option that some people have a preference for and so I would like to see them with a legal place to operate and if I understand correctly skateboards in general and Electric skateboards in particular don't have a place that they can operate legally is that correct that's right that's correct okay and so it's part of the public outreach here it seems that anything that qualifies as micro mobility and I know we're worried about a particular business model here that is kind of becoming very popular and we want to get the regulatory structure in place but as long as we are looking into this kind of thing it seems like we ought to be able to be look at it for either private or rented other forms of

[100:02] micro mobility and it seems to be the most fair is to treat those like bicycles and I wanted to just confirm that that was correct about I'm sorry to go on but I wanted to confirm that skateboards don't have a legal place to be that applies with electric skateboards as well that's correct currently with scooters yes okay thank you of course they could be on private property and they could be at skateboard parks but they can't be they can't be they're not supposed to be using the multi-use path or the sidewalks on the streets theoretically we don't really cite a lot of skateboarders and we understand the goal is to look at how can we structure an approach that would work for all for all different types of new micro mobility options so that we're not having to come forward each time there's a new new version of something that that we have so I appreciate the guidance

[101:06] [Music] and in that video they talked about one of the things talked about many things but one of the things that talked about was the the life and that dispose of the disposable feature I guess of these scooters so I was wondering if as part of the outreach and how this gets this ordinance gets pulled together there's been any consideration of including it within the framework of the zero waste right I think that's a really important component of this and information that we do need to consider as part of this DK has done the research again through with the City and County of Denver as well as their research sources around approximately 30 day lifecycle of a

[102:03] scooter and so it is concerning from the durability and the zero waste approach so appreciate that suggestion other questions I would hope in this whatever we end up doing that we do look at these other components skateboards I mean people are skateboarding all over the place all they're kind of micro mobility options and the zero waste thing is really important and as I understand it right now these a scooters are designed for like four hours a day not 24/7 and use and so I'm wondering what kind of leverage we could use to require more [Music]

[103:01] stable machines that don't get thrown out every 24 days or whatever it is okay thank you we can definitely look into that we have as part of this process is doing that research around what is out there what are the industry options and what could be done differently here than you right now in ebikes those are made for the long term right and so you know I don't know why there would be such a big divide between the scooters the e scooters and the e bikes in terms of durability right so there's and there's a lot of different business models out there and that's why we we spent the time to develop our ductless bike share permit program so that we would incentivize the quality bikes that are there and that are built for the long term versus there are ductless bike

[104:02] shares that are very similar in terms of lesser quality and don't have that durability there so that was again part of how we approached it for those other items but those are all things we need to look at as part of this work no that's great to hear so thank you thank you any other questions Thank You scooters so my name is matt from i'm a boulder resident and like to comment on the proposed electric scooter moratorium i think it's a bad idea for a number of reasons and i would encourage the city to partner with private scooter companies to launch a pilot program this summer some of our transportation master plan goals we are far behind on our goal to reduce greenhouse gas emissions from the transportation sector are going to

[105:00] reduce vehicle miles traveled from cars and our goal to reduce single occupancy vehicle use we need to do more to reduce our climate impacts get people out of their cars and the process make our community healthy and more walkable electric scooters first came to market in late 2017 and quickly proved themselves to be a viable clean transportation alternative to car travel particularly for trips of five miles or less these shared scooters have had a faster rise than bike share car share and ride share by far it's a cheap and easy way to get around and which is less than $3 100 cities that have scooters and according to a populist report from 2018 70 percent of the public support these scooters in their cities solutions scooters fill in the gaps they replace short distance car trips and they provide first last mile solutions for potential transit riders I have friends and colleagues that come to Boulder and fire up their bird scooter app I look around for a scooter that

[106:02] this technology is already prevalent in other cities it's an expected amenity especially in a place like Boulder two months ago the Fort Collins City Council approved an ordinance to allow electric scooters in their city so the question is why is Boulder so far behind this is a position ourselves to be a late adopter three years behind the curve I am frustrated because we should have put together a plan last summer and now we're saying we need to wait until next summer to introduce scooters my suggestion would be now let's accelerate the process launch a pilot scooter program this summer based on best practices from around the country paint a few school bike parking boxes around town set a 15 mile per hour speed limit and require these companies to share their data for transportation planning purposes great opportunity to partner with these private companies to fund a public transit infrastructure as a 25 cent per

[107:03] ride surcharge and use that money to fund multimodal infrastructure in addition summer is the perfect time to launch an electric scooter program the weather is warm and there are fewer students to put stress on the system these types of decisions are climate and transportation goals we must innovate experiment and be bold Thanks yeah you live in Boulder I do and which sector are you in just as a matter of curiosity I'm in Whittier I mean if I'm an employment oh I work in transportation yeah now in fact I testified on that bill on electric scooter so okay thank you you know thanks thank you good evening Andre Amanda Gale

[108:00] representing the boulder Chamber 2440 Pearl Street and the boulder Chamber recognizes the the opportunities scooters present as an innovative multimodal option the numbers are staggering as Tom noted last year in the US alone we just saw 40 million trips happen so we know it's coming it's happening everywhere and it's as a new form of micro mobility as long as it's managed appropriately planned it can be a valuable tool for addressing our first final mile challenge as the young man who just went before me noted so we appreciate the boulder transportation departments desire to innovate and we encourage the coordination between the operators in the city in order to get it right but let's get there quickly as councilmember Yates just noted as councilmember Brocket noted on the hotline today let's move forward you'll a shin a small pilot rather than imposing a lengthy moratorium we're ready to support a pilot at the boulder chamber we want to

[109:00] explore these opportunities with our businesses we look forward to collaborating around those efforts and with the city and other interested party and we want to just try something let's try 10 scooters maybe 20 place like Boulder Junction or Flatirons Business Park where folks just need to get to some kind of food options let's see what they do let's see how they're used and overall we look forward to to partnering on this we look forward to continuing the conversation about scooters and other multimodal options because at the chamber we want to fully explore the possibilities to improve the mobility for our workforce and residents as soon as possible thank you thank you yes sir B I have a question Andrea since you're with the Chamber of Commerce I've been looking at these business models do you have anything to recommend to the council regarding the modeling or the regulatory factors that would work so that it satisfies the community safety issues and mobility choose well I think the memo that you

[110:00] gotten the approach that the the staff is taking it's pretty good you know let's look at the best practices let's look at what's being modeled in other cities you know didn't get it right right away City numbers had this and I think you know it took them a little bit to catch up to now where it's at so as long as we do that kind of analysis sees what's being done on other college campuses I know Arizona State had scooters dumped on them and then quickly had to figure out what to do with it we can get there pretty quickly but I think it's going to be that focused and that initiative to see what's worked what hasn't working diligently with the operators to make sure that they come with a responsible business practices and and figure out ideas and options like the gentleman before me mentioned on how we can try something but we don't have to go you know crazy let's just try something small like I said just a few and and see what they do and see how they operate thank you Thanks into it so do you know

[111:03] what Fort Collins did in terms of a pilot or what process they went through I don't know if Fort Collins models specifically but Kathleen who lives there me good evening Council Dave Kemp senior transportation planner yes we've been looking at several models across the US and four columns right now what they've done is they originally constructed RFI requests for information they had about ten companies apply and then they had a scoring sheet and they were able to take the top three and from the top three is an RFP and from the RFP they will select one Operator for that community thank you so but now do can you write a scooters in Fort Collins legally no not right now and so what kind of a pilot period or

[112:00] what are they doing well I guess you can't do it anywhere because the state legislation hasn't gone through right you know they've done a lot of the same stuff that we're proposing um to some extent we're looking at a more extensive public engagement process that really that's the issues and concerns with all of our stakeholders in the community mobility for all the local Coordinating Council the downtown Chamber excuse me the Boulder chamber the downtown Boulder partnerships there are you know the interest in e scooters is all over the board whether they're a good thing or a bad thing and I think it's really important that we really vet all these considerations and take the appropriate amount of time to do it well so that when we do introduce a new program the community is excited for it and we've got a good set of regulations that were ready to move forward with and so getting people on these scooters firsthand and all different types of the season whether it's summer and fall or winter I think it's important for them

[113:00] to see what this is like year-round and so bringing this pilot program through the fall and into the winter is a great opportunity to see how these things really work and those different times of the year so do you envision this pilot project starting tomorrow yeah and there are a lot of opportunities I think to to work with the e-scooter companies we're not a we're not against e scooters we see this as a new form of transportation it's fun but there are some considerations that we need to really take a look at there are safety issues there are right-of-way concerns and but I think there's some ways in which we can really apply some innovative public engagement process he's like Andrea had mentioned doing a small pilot program with a business park and seeing how that works seeing how the geofencing technology works and in really taking kind of a more of a long term with focus groups in addition to public demonstration events to to really get a handle and help the community really understand the impact good or bad

[114:01] associated with e-scooter use so do you see these pilots though happening but during this moratorium yeah but in a contained manner have it a business park right what we do is so for example if we were to choose a business park and we had say we launched 20 to 30 scooters within this business park alone we can geofence that area and see how well that particular technology works and how it's being used within the business park itself and and get a better understanding of how it had actually functions so you're planning on doing it this summer that's something we like to explore okay yeah thank you thank you so I guess I'll formally close the public hearing now if nobody else is signed up to speak until I'm a newbie have a discussion yeah I I really appreciated the suggestions that came up

[115:02] during the public hearing from mr. Romer in particular the surcharge to consider but surcharge for that could be used for public transit also a small pilot that was suggested by Andrea to in particular at like 55th and Arapaho to see if it is used for those kinds of trips because according to the data in the memo those 38 0.5 million trips were done Friday afternoon through Sunday evening so they were not getting used for last mile or any kind of commuting purpose and in addition if we could take a look at what happens after the useful life of the scooter what would do these scooter companies do with them and maybe examine what make that part of a potential RFP

[116:01] look at how do you dispose of them and what are you doing to improve the life and I think that's all I have great Cindy so one of the things that I wanted to mention is that I think in terms of placing this moratorium while we work out the regulatory issues and hear from the public has the benefit of seeing what other communities have done at San Francisco for example used the same kind of model that Fort Collins is and and ended up having two smaller companies for its pilot programs not bird not lift not lime so interestingly enough it's not until one goes through the process and can look at the what it is that the community wants and put the adequate regulatory pieces in place before we're just sort of swarmed with these scooters

[117:01] I think is is a responsible way to go in terms of just trying to look and see what others have learned for example there there's now a company and maybe it is bird that's going docked so that they're doing a long-term rental so there all kinds of options out there and it's really a moving I think industry as the industry itself is trying to conform more to what it is that the cities are trying to do and getting a hold of some regulatory aspect so I would hope that we would we would do something along those lines Bob I have a question that I'll make a comment I guess this question is probably for you DK in the memo on page 660 you refer to various demonstration events which i think is what you were describing last time you wrote a microphone aundrea and our colleague bracha used the terms pilot and so I wanted to make sure that we're all kind

[118:00] of on the same regardless of whether there's a moratorium or not I want to make sure that demonstration event and pilot were kind of all talk on the same language because we're using different words sure and there's actually two different things okay the the demonstration events would be more of a supervised tour if you will you know including different East gouta companies to try out the different types of scooters they have look at their technology the interface with the mobile phone and take people for a ride around the community on these East scooters and then the pilot program which is also part of the public engagement program excuse me the public engagement process would be more contained versus having it wide and for the entire community so you do maybe demonstration first and then if that went well you might move to a pilot well so I think what we could do is both concurrently okay yeah we can get the more longer-term understanding of how this would work in a say a business park like Flatirons well at the same time we've got several demonstration events throughout the course of the year to

[119:01] give people the opportunity to try these out for free first hand to see how they really work on our streets so that's prompted a question that I want to direct to Tom if we were to do these things these demonstration events or pilots or whatnot during a period of a moratorium let's say we passed a moratorium tonight do we need to carve that out or the moratorium I don't think so so the moratorium is just on issuing business licenses got it okay maybe administered by the city yeah and then we we we often do things that that would would be contra code and just don't enforce to allow for that okay I don't know that you need to carve out the next super so I'll just make my statement now I would given what DK and Kathleen have laid out as far as a demonstration events and pilots and all the great comments from the community and I like your add on Sam that we need to investigate more than just electro scooters I would be in favor of a moratorium I thought I'd never would say that out loud this may be the first forever I would be in favor moratorium

[120:02] just so that we are thoughtful and methodical about the process sounds like we've got a quick plan there's gonna be comprehensive however I would like to make it as short as possible i we can always extend a moratorium I mean we can pick an arbitrary date and then we get to that data and we just haven't quite done our work we can always extend oratorio I'm afraid if we have a long word for EM we're gonna fill this space right we're we're gonna get the work done the time that we give ourselves so I'd like to shorten that up and it's unfair to the next council to dump this on them in november/december so I'm gonna throw out there is October 15th which is the last be scheduled regular council meeting of this council there's a fifth Tuesday in October or October 29th which we may or may not have a council meeting for and then we're to the election so I'd like to propose that we do pass a moratorium given all the great work that's planned I'm trying to get it down by October 15th if we get to late September or October and it's not quite there we can always extend it

[121:05] [Music] what happens is a lot of people feel like they weren't included because they're gone over the summer so I think that that kind of timeline presents that kind of issue with yeah so I I guess like I wouldn't be able to support that for that reason yeah so I would support the recommended moratorium so I have a few thoughts I would prefer to see it done quicker as well but I figure staff gets the work done earlier we can always you know lift this another thought is that this is not a moratorium in need punitive sense this is really to make sure that we have kind of holistic lea looked at micro mobility that we acknowledge that there are better and

[122:01] worse business models for the city and better and worse operators and so this is an attempt to make sure that we're asking for what we want so that we get it provided by by whichever businesses will operate here so I'm gonna support the full length of the moratorium but I'm going to say to staff if there's any way that you could get this done by fall that would be fantastic so that we could then because hopefully the pilots will teach us enough about how these are used that we can decide you know if we're good to go ahead with an RFP or however we want to handle it so I'm gonna support the the full duration with the understanding that the goal is to make all of these micro mobility options legal and in my mind treated as similarly to bikes as possible because I don't see why we as long as they're limited to 15 miles an hour I'm not quite sure why we wouldn't want them on

[123:01] creak that's like my a bike can go on the creek path and so why wouldn't we want the scooter to be allowed to do the creek path as well or maybe it's a limited set of paths but anyway it's a conversation we should have and so with respect to the speed with respect to safety and looking at that aspect of it makes sense the 50 miles per hour is pretty fast I'm questioning the safety of having a scooter go that fast as I'm questioning and so to consider that as part of you know the part of the outreach and research so I have a question these scooters there's something that

[124:03] prevented from exceeding X miles an hour yeah the technologies is actually come a long way since the advent of these scooters and today you can regulate the speed of a nice scooter through a geofencing okay so for example multi-use paths and the 15 miles per hour if we felt that there is a more appropriate speed for a multi-use path that can be adjusted to fit that need could we do that with all our users so I'm getting to make some comments and and so so I would suggest you send as much of this an involved tab in there as much as possible they been working on transportation mobility and things like that and I think they have a lot of great ideas I like going I agree with Bob I think we

[125:03] need to accelerate this as maybe I shouldn't use the term accelerate but that I would like to get this in into our options of transportation as quickly as possible I think the summer is a great time to be trying this out because the weather is warm and I would think in and and I think it's mr. firmer pointed out the students are pretty much gone so we have kind of less stress we do have people who come and visit but it's little mellower and I would think in summertime that would be at least a good time to start trying a scooter your skills on that instead of in the middle of winter I am concerned with the waste issue and would want to prioritize those companies that really make durable long-lasting type II scooters I'm also

[126:04] curious in terms of where they're charging further II and I don't want it to be it needs to be a renewable source and coal or something else and I'd like to see it go as fast as possible so I would like to October 15th but I can also count so I'm not sure I'm gonna be voting for this I I think we hurt ourselves by starting off with the moratorium instead of just phasing this in over a short period of time and I guess if we could use different term terminology I would prefer to just start it as a phased in program where we're doing pilots where we're doing demonstrations where we're doing community outreach getting people's

[127:00] input doing it in really small allotments and then phase two would be ramping it up and I would prefer not to use the term moratorium so we ready for a motion I move that we adopt on first reading published by title only and by emergency ordinance 83 26 the providing time for the city to adopt regulations governing commercial electric scooter companies by prohibiting the city manager from issuing any business license to a commercial electric scooter company until February 4th 2020 and setting forth related details second I'm gonna support the motion like least I'd rather have it be done sooner and I think we've told staff we'd like it done sooner I guess heavens when it happens I'm just worried a little bit about the headline

[128:00] here because I think the headline says yes scooters ban from Boulder and tough labor and just to be really really really clear to the press that happens to be in the room the only thing we're we're not banning these critters that's gonna be allowed by state law on to these city streets you know a few weeks is the governor signs the bill thing that we're banning I'll use that word or instructing the city manager not to do is issue business licenses relating to scooters that's the only thing we're doing commercial scooters yeah business license to commercial scooter companies Oh somebody shows up Tom with a scooter of their own after the governor signs the bill they can write it on the street right okay and will we be enforcing if people decide to take their lives into their hands or try to protect their lives and go on multi-use paths and how would that be done I don't know what the police departments plan is for

[129:00] enforcement they'd have to put it in there and force my priorities and they have lots of I'm sorry the police department would have to put it in there among their enforcement priorities and we've talked about how you would do that but I'm not sure how much they'll do the enforcement and they're not enforcing the skateboards right now I don't know that that's true but I'm sure it's certainly not a police enforcement priority no well I've seen that so I'm gonna call myself I very much this is really a policy pause I'm excited to see scooter companies coming to Boulder I think it's gonna be a good thing in the long run I also think that we need to be really intentional and I think earlier on in this process make sure that we legalized pretty much everything wherever we want it legal because you know there are privately owned mobility devices that aren't technically able to use bike lanes or use our multi-use paths and I think that that's something

[130:01] we should correct as a first part of this process not necessarily wait all the way to the end now business practices is a different thing right and so do the Dhokla scooters get put where's the geofencing done you know all that stuff but I could imagine an early phase where we just address the fact that we have illegal skateboards running around which I think should be legal if people want to use them for mobility so anyway that's just one thought is the earlier that we can change the ordinances to legalize things which might be operated by private individuals the better off I think will be so shall we take a vote I just like to thank as well the transportation staff for the comprehensive nature of looking at this and the information that's been brought forward already I think it's been really helpful there's lots out there and I think the more each of us who's interested in moving this forward looks at what has been done around the country and the

[131:01] world for that matter we have lots to learn from others and how we move forward so yeah and I just wanted to echo Cindy's gratitude and I wanted to just add another additional comment with regards to the outreach to make sure that you outreach to the disability community especially because I had the opportunity to be writing the zero bus down Broadway in Denver a couple weeks ago and the scooters were lying helter skelter all over the sidewalks and that makes it very difficult for somebody in a wheelchair or crutches what have you to navigate so particular attention to that thank you okay ready go yep start with councilmember Weaver yes yes yeah yes Carlyle I more so I

[132:04] don't know probably not the motion passes four to one your next item is a marijuana advisory panel update [Music]

[133:10] sandwich like us to wait till you have a quorum okay

[135:06] [Music]

[136:13] times almost exactly supposedly in 10 or 15 minutes in theory if you're playing this on time all right now we're good to go hey this is an update on the marijuana a Advisory Panel and deputy city attorney Sandra Yanis will be presenting good evening can you hear me so we're here to provide an update on the work by the marijuana advisory panel and there are six items

[137:04] that they provided recommendations on and tonight I'm going to be focusing mainly on the formation of a city marijuana board but I'll also be touching lightly on some of the other topics so the map is recommending formation of a city marijuana board and I will go into more detail on the specifics of what that looks like map is also recommending that staff continue to seek feedback and provide updates with respect to the energy effect offset fees business plan and its implementation map is recommending an additional one to two meetings to adequately address the issues regarding the penalty schedule and transfers issue staff will be providing counsel with an update after map provides the recommendations regarding those two issues and in fact a

[138:02] subgroup met the subgroup of map met on last Friday and did a lot of good work that will be presented to the bigger map group on June 26 I believe it is Wednesday where they'll have a discussion about that and come come forward with a recommendation for Council Mapp has also identified several new bills from the recent state legislative session that the potential newly formed board could address that is in attachment a and lastly the Department of Housing and human services provided map with an updated report regarding substance education and awareness program in the first two years of that program 2238 adults and youth were served and participating subcontractors

[139:03] met 75% of the targets set for their program outcome measures the map recommended the city worked to amplify the state of Colorado is good to know campaign encourage safe storage and mitigate concerns over impaired drivers the focus of the program on positive youth development and providing kids with alternatives to substance abuse is encouraging with respect to okay so staff is seeking council direction on the following first and foremost Maps recommendation to form a new city board Maps recommendation regarding the structure and responsibilities of that board and maps recommendation on the ongoing work regarding the penalty schedule in transfers by meeting for an

[140:01] additional one to two meetings lastly the new board could address any state legislative changes that may impact Boulder continue to address the issue of energy impact offset fees and any other marijuana related issue that council deems appropriate with respect to the city board the the Matt foreign formed a subgroup that met twice in April for over two hours each time and during that time they were provided with the code and charters and a lot of information on how other city boards operate in addition to that we had to be LA members come and speak and I have them provide information on how

[141:01] the beverage licensing authority works and provide some input and opportunity for them to ask questions the recommendations that came out of that subgroup were brought forward to their bigger Marijuana advisory group and it was recommended that the board be advisory and quasi-judicial in nature meaning that they would be addressing policy and licensing issues that is very similar to what the beverage licensing authority does now the difference being that because the liquor laws have been in place for so long there's not a whole lot of changes or potential or you know advancements or whatnot so it's pretty well established so the way that the BL

[142:01] a is now it's 80% roughly licensing with about 20% policy with this potential board the opposite would be true in the beginning but in particular probably 80% policy with whenyou percent licensing they have also recommended a phased in approach which would mean that in the beginning they would focus their work on policy work and advisory in nature and they would work towards phasing in the licensed licensing ass of their role with that happening no sooner than six months and no greater than two years later and the thought behind that was that they feel they felt like there were a lot of policy issues that really needed to be addressed more quickly and it would also give them an opportunity to kind of get ramped up on

[143:01] the licensing aspect and learning the quasi-judicial nature of that aspect which can be challenging they came up with a charter which is pretty self-explanatory here but the the Charter reads to promote the boulders excuse me to promote the boulder communities interests and values in the local regulation of marijuana while considering the downstream consequences of such regulations on the community and on public health and safety while supporting economic development and congruence between local ordinances and state laws with respect to its role in policy the map has recommended that the board if council decided that a new

[144:02] board should be formed that the board would address some remaining outstanding work from map they had previously provided a letter to Council in December of 2017 that had a list of items that they would have liked to had addressed some of them being title 9 changes marijuana social clubs etc in addition to that one of the items that they addressed was questions of jurisdictional parity and also topics initiated by council the board itself city staff and also the public and in terms of the public the thought was that obviously there would be an opportunity for public comment with the board but also there's already in place a mechanism where the public can provide input comments and suggestions through

[145:04] the suggestion suggestion comment form through the licensing department with respect to the licensing duties obviously new applications renewals transfers violation and penalty phase would all be aspects that the board would have purview over they recommended that the board follow the same format that the VLA uses in determines whether or not a licensing matter is handled by the board or whether it's handled by administrative Lea by the licensing staff and so in terms of the BL a they came up with a form that provides some guidelines for administrative staff to determine whether or not a particular matter would

[146:01] come in front of the board or not so for example on a transfer or renewal or something if there were issues related to enforcement prior violations or if there was complaints from neighbors and things like that that would kind of raise a red flag then those items would be brought forward to the board for consideration rather than being addressed administratively so that's something that the new board could come up with a criteria for we provided a sample in the packet I believe it's attachment D so you can see what that looks like but all the licensing duties would continue to be handled by the city staff until the board formally determines otherwise so the phasing portion would be determined by the new board as to when they were

[147:02] ready to move on and address the licensing matters with respect to the makeup of the board members the map recommended seven members at least twenty-one years old it was a lot of discussion about this our code allows for anybody over eighteen but they felt in the end that it was important or there to be someone who's of legal age to be able to participate or use the substance so there was a concern that you know there are other folks that are younger than 21 that might need it for medical purposes or whatnot and it was determined that they would still have the opportunity to participate through public comment or whatnot just not serve on the board and

[148:01] then potentially ex officio members the panel decided to leave that within the council's discretion essentially what they recommended would is that the ex officio positions would be available for anyone who is a non-resident from the cat candidate pool who would otherwise qualify under the qualifications but would be prohibited because they're a non-resident in terms of the qualifications they came up with a list of recommendations they're not requirements but simply suggestions on what they would kind of what they would like to have in terms of qualifications representation of the community at large diversity reflection of the community

[149:01] values involvement in the education community involvement in the public or mental health community's involvement in a marijuana business knowledge of marijuana laws and regulations and involvement in other types of businesses other than marijuana at this point I'd pose these questions for counsel in terms of the structure and the options that are being provided as recommendations the options are either that it be policy only which would just be advisory or the combination of policy and licensing which the map is recommending whether or not you agree that the phase-in of the dist excuse me the judicial role of Licensing is appropriate whether there

[150:00] should be five or seven members map is recommending seven and whether or not the membership seats are designated or at large did you want to address those now we can I can keep going and we can do it at the end yes so that's this is not matter so how would you like it Sandra we could do either way this works for me if you want to provide comments okay I'll start off and I guess your first two bullets I guess up I've always been uncomfortable that our BL a or beverage Licensing Authority engages in the if you if you divide the task of the VLA and then also this proposed marijuana board into three buckets you have policy which is advice you have

[151:01] licensing and then you have enforcement right and I've always been uncomfortable that our be la does enforcement we hear a lot of complaints from from community members that the BL a as long as good as they are and doesn't have the training the judicial training that may be required to make determinations accept evidence you hear witnesses and so and so forth and it's my understanding that in a significant number of communities around the country and around Colorado that lysis places and suspensions and other administrative excuse me and other judicial determinations relating to penalties and enforcement tend to be handled by municipal judges that wasn't my understand correct I think that there is a certain there's definitely a number of jurisdictions that do it that way I don't know what the breakdown is between boards and judges sure it'd be something to be interesting to look at but and so

[152:02] I guess and we can revisit the VLA at some future date but I don't want to make what I repeat what I think is a mistake and that is have lay people on a board making determinations with respect to enforcement and I think that also allows us to broaden the scope or the membership of the board because if we have people in the industry policing people in the industry that's going to put them in a conflicted situation if I'm a if I'm a grow operation or a retail operation and another retail operation has been accused of a violation I have an incentive you know and I don't know which that incentive which way that incentive goes but it's it's an incentive that I don't think we want as part of our enforcement process I think we want a non-biased a party and so you'd almost have to have an organization that consists of people or not in the industry which I think then deprives us of industry experts from a

[153:01] policy standpoint so I would very much like to not repeat the mistake that I think we have on VLA and I don't want this board involved in in enforcement I think it'd be interesting discussion on that middle bucket about licensing and I'd like to have a little bit more of an exploration as this process goes through and hear from the staff whether they felt the demarcation between staff administration of Licensing and the board licensing is the right place but I see this was largely a policy board and I guess that's what kind of where I'm at in those first two questions so can I ask a question what was the context of the recommendation that map gave because it seems like they wanted licensing involved with this board can you give some color on that yes I think that they wanted to be involved in the licensing aspect and in terms I think there was

[154:01] some concern initially that the licensing responsibilities would be so overwhelming that they wouldn't be able to handle the policy aspect but I think that they tried to address that with the phasing in strategy and you know I think that there was also some discussion about enforcement as well and I do know that from the perspective of the PLA members that spoke to the subgroup they shared that it was beneficial to them to be able to not only hear from applicants on new applications and renewals and so forth but also to hear the enforcement details because it gave them a better

[155:02] picture of what was going on in the community having said that they also talked about other options where staff could provide a report on a regular basis of not only applications that didn't go in front of them that were you know process administrative leave but maybe also enforcement okay thank you Lisa well I'm just gonna answer questions and I guess I would like to see a combination of policy and licensing and I'd like I actually liked the phasing in overtime I don't understand a lot of the enforcement issues with PLA but I think this the map deliberately said they

[156:03] wouldn't even start licensing until like early is six months and not until like no later than two two years something like that so I think it gives them a little ability for time to get their feet wet and understand and I think right now policy on marijuana is changing rapidly at the state level and will be probably changing at the federal level level and I think having a board in ceded that can address those policies will be very important and so I really appreciate the phase facing in I I would keep it right now at an advisory for point and let our administrative staff

[157:02] continue with their their job of licensing and stuff and I would encourage our staff and I'm sure they have a lot of interaction right now with map but I would encourage them to have sessions with map and talk about some of the challenges that they've come across in licensing and surprises during once the mat board is is seated I would want seven members rather than five in order to give as diverse a group as possible if you look at the attachment C and you look at who right now is on the map you have everybody from Cu to public health to industry people to be BSD you have a broad range of people and I think you want to keep

[158:00] that diversity of perspectives and so I don't know how you would write that into the board language in terms of making sure you do have this broad diversity because I think a lot of people are interested in this and I think you want people from a variety of perspectives to be creating the policies and to be also looking at new policies coming in from the state and the federal level and with respect to membership seats designated or at large I'm open to it discussion I and I'll just wait and see what others think I think I don't know I mean the group that we have here is good I think it would be good kind of replicate this this group or you know the diversity of

[159:01] something q just I just want to definitional because we're kind of throwing around the words licensing and enforcement almost a little interchangeably and I guess I want to throw out a definition of license you need tell me if it's wrong or not I guess I considered licensing as granting new licenses and approving transfers of licenses and enforcement I would consider is taking away a license or otherwise imposing penalties I just want us to be clear about licensing versus and is that a definition that we can work with tonight or how would you define the difference between licensing and enforcement that's fair I mean I think there's probably a lot more licensing involved than just the ones that you mentioned there's a lot of different things that can require an application or administrative review but I think that's a fair statement and also just to to share with you with respect to the enforcement the way that it currently is right now decisions on

[160:01] violations and penalty are decided by the licensing clerk and then there's an opportunity for appeal to the Municipal Court and then there's an additional appeal review to district court and so what would cause a judicial licensing be then give us an example of that so yes so judicial licensing would be really any time there's a new application that requires public input so the way that the PLA does it every time that there are you know new license applications transfers renewals there's an opportunity for a public comment and so it becomes more of a mini hearing trial kind of thing where you know the

[161:01] applicant provides information presents their case if there's anyone there in opposition they have an opportunity and then the public as well and then there's deliberations by the board I'm sorry I believe with the point but I wanna make it real clear here so I so that's fine that I get that that's not a firm dove licensee neither the granting of a license or or maybe the transfer license there's a public hearing that makes it qua judicial but the PLA is involved in enforcement and penalties is that correct yes and is the proposal here that marijuana advisory board be involved in that same type of enforcement or penalties yes it is okay because it's not on your slide that's why I'm confused I guess I'd consider enforcement part of Licensing aspect because the quasi-judicial they're both quasi judicial okay well let's maybe set aside the the the quasi-judicial component of it the fact there's a hearing and maybe that kind of stuff but can we can we for

[162:01] tonight's purposes so we can answer your questions separate licensing from enforcement maybe they want all three parts maybe they want policy and licensing and enforcement but we keep drifting into blending enforcement and licensing and I'd like to make that distinction that's fine we can do that that wasn't a distinction that we made but they do want to do it they do want to do enforcement eventually is that right yes okay just just back to I think to phase in the light licensing or enforcement I think is a wise thing because I knew that the Medical Marijuana is going to cease in 2019 and we have something like 85 pages of code with respect to

[163:02] marijuana and I think you know half of it might be related to medical marijuana and half of it may be related to recreational and it's just it's I don't think it will be as easy as just wiping out the medical marijuana code and saying okay now we have the recreational marijuana code because we'll still have medicinal marijuana and we'll still have as you mentioned people 18 or under 21 who would have access to medical marijuana so I think a time to really consider those policies and the changes of those policies and the changes in those code would be very important so so I had some questions with respect to the staffing

[164:01] so um in the memo it said that that creating board is going to require increasing marijuana application fees subsidization from the general fund of marijuana licensing or relying on marijuana tax revenue is there any reason why we wouldn't just rely on the marijuana tax revenue since it is gonna we heard earlier tonight that it's going to become ongoing no that's a policy choice for Council there's something in our code I'm sorry it's a policy choice for council there's something in our code that says that marijuana should be basically subsidies cover expenses should be covered by fees like we have self-sustaining for other parts of the government but there's no reason why council couldn't decide to use marijuana tax funds for those things and is that something that you want feedback from us tonight or is that gonna be during the budget that would be the budget process but we'll make those decisions on it on

[165:00] budgeting questions based on what council does with the board okay and and so there was another one mention of a necessary FTE for the City Attorney's Office and so my question is earlier tonight also in the adjustment to base there was a set of staff that was recommended by the work that internal working group that Jane mentioned and so how does that relate to this staff that is described here so I believe that in Shawn can correct it that's for the current work to bring the staff up to speed for what we're currently doing the budget proposal would be based on additional work that might be necessary if we have a quasi-judicial board so for the City Attorney's Office we decided not to ask for anything until we see this I think we can handle our current workload my plan is if you do create a board to ask for an additional attorney who would be a marijuana specialist as

[166:00] you all know seeing Sandra and Kathy and me and other people do this work we've sort of spread it out among existing workload I think as we develop if if you have a board it would be nice to have an attorney who specializes in marijuana does pretty much only that who's funded at a marijuana tax funds but that that's a budget discussion that were proposed as part of the budget process and it will depend in part on how this board is structured okay thank you see I have any additional questions and I guess I'll go through the questions as well yes on the policy and licensing combo and then I like the phasing in as well the seven members and then the membership membership designated or at-large I think there's more than seven members on

[167:00] the on the map right now yes so to have that same kind of representation with seven members would be difficult so it seems to me that like we might want to desert designate and this is a question to my colleagues to designate some of the seats and have some of them be at large and and have some like you have to have some knowledge of marijuana laws and policy would might be one that is designated and haven't thought this through but some combination of designated and at-large to ensure that you always have some fundamental basic knowledge within the board I basically agree with what mary has just said the policy and licensing phasing in the quasi-judicial

[168:01] seven members and I think the designated seats are also a good move to be sure that there is some continuity in those who are really familiar with the topic subject so do you mean all the seats designated or no and and maybe the board itself could make suggestions about how that works or the math couldn't do that the board myself I generally agree with the combo a policy licensing and enforcement just to be clear all under this board I might call if the marijuana licensing authorities for parallelism with the PLA I agree with my colleagues that phasing it in is a good idea so leaving that to the discretion of the board as to what the pace of that should be I think seven

[169:01] members is what I would lean towards for more diversity I could see Mary doing two designated seats that are industry focused maybe two that are health or substance abuse focused and then three at-large something along those lines I would take the advice of the marijuana advisory panel on that but I think some mix people who have the different expertise that we're hoping that the board will bring and yeah I think you know I'm not sure Bob but I've heard that much negative about the BL a and so I think having a quasi-judicial Board of intelligent and concerned and knowledgeable people is a is a good way to go if if our goal in fact is to treat marijuana like alcohol as we have said kind of from the get-go then I think in the long run having the board members of both the PLA and the MLA if that's what

[170:02] it is look at how penalties are handled and trying to make them parallel between marijuana and alcohol I think absolutely from a policy standpoint that we should have parallelism on the penalty schedules and so and so forth I continue to be uncomfortable with taking the enforcement responsibilities away from the staff and the municipal judge which is where it resides right now there's a whole lot we have a whole lot of laws in this city and all of them except for liquor or handled by our municipal judge so I don't know why we're carving out this particular set of enforcement in handing it to some non trained non judge people and in the clips are in the industry where they're going to be policing themselves so I think we need for consistency's sake that enforcement be handled by staff and a municipal judge which is the way all of our other laws are handled in this city with exception of liquor I would appreciate

[171:00] it when this comes back if the staff could do a bit of some benchmarking and some analysis about what other cities are doing certainly with alcohol because there's a long history there so we would be pretty easy to track down whatever these two non alcohol is it is it a residence board that's in doing enforcement or is it staff or a judge and to the extent that there are cities that have ventured into enforcement are they doing this with the judge or are they doing it with some untrained residents so I'd appreciate whenever you come back on this to to see what other cities are doing Cindy so I'd like to follow up I wasn't thinking clearly when I was talking about the quasi judicial role I think makes a good argument about keeping this before the municipal judge particularly because of the possibility of conflicts and it just makes it cleaner so I would like to see that followed up as well okay listen sir I

[172:05] have a question and Tom maybe you can answer this in our liquor licensing in our PLA I mean liquor is controlled by the state isn't that liquor laws our control fighting system so it's handled by the state and then locals have Authority so how do other communities handle their BL A's or they're not deities but they're all you're the only one who is here but we took a look at this back in 2013 and most of the communities in this area longmont Greeley Fort Collins a lot of Springs Denver have a hearing officer that's who they miss Porter independently appointed okay just

[173:00] reading my memo I actually referred to the magnet Carter in there so it's actually a great literature so-so and but we don't have a hearing officer know so we could address some of Bob's concerns maybe not completely if there was a hearing officer that somewhat independent of that board is that correct thank you a judge so I think maybe we need to come back to this when we have a full council so we can give our thoughts now but I also think that we'd like some other people to weigh in as well so I just wanted to just make one more comment regarding the list of legislation that just passed yes I actually have some more slides all right

[174:01] here we go all right with respect to the penalty schedule and transfers map is looking for direction on whether they can have an additional one or two meetings to continue to address this issue we had a smaller subgroup meet on Friday and we did a lot of good work and that information or recommendation will go back to the bigger group on June 26th I believe and so yeah that's kind of where it is now where so the the topics are you know whether or not you know transfers whether or not violations get transferred to a new buyer and then more specifically the penalty schedule find suspensions days and abeyance revocation all the things that be la takes into consideration now currently marijuana penalties are mostly fines

[175:05] consideration of fines we don't use suspensions or days in abeyance is that correct and so just wanting to some direction on whether or not counsel is alright with that we're going to do this work yes oh I I think map should continue and I would give them two additional meetings for discussions and future recommendations on the penalty schedule and transfers I think part of the problem I've heard is that they you know the meetings are X amount of time and sometimes there are some more topics that they would like they're usually three hours long yeah it's a pretty significant chunk of time on their part right right so so anyway I mean if it's one or two I'd rather give them two additional meetings I think they should

[176:00] continue and I think we'll continue and it sounds like we're pretty unanimous here at least in going forward and setting up a MLA or some kind of an advisory board I think the hope is that we could get it done within one meeting the request for two is if we were to run out of time but certainly the goal is to try to get it done quickly yeah I mean if you get what you need to get done done then great but I want to make sure that those people who have also invested time on map feel the same way okay I support one or two meetings yeah so continuing just so that we can flush it out and if you wouldn't mind getting some clarity from them on are they comfortable doing enforcement because I think it's it's really you know when this comes back to council I think we

[177:01] want to make a firm decision on whether we do a boa type group or not in terms of the recent changes at the state level none of the the new laws conflict with our code however several map members expressed an interest in pursuing discussions of these new laws and the suggestion or recommendation would be that it would be on the work plan for future board okay again this council agree with taking that approach yes anybody disagree so I have just some questions regarding the new legislation actually it's more like comments it's my understanding that some of them actually do create some perhaps not conflicts but attention that must be given to them for

[178:01] example the HB 19 1230 the hospitality establishments which creates a new license so that has to be addressed the marijuana delivery is an endorsement to a license so that might need some attention so there's several of them like this and I'm wondering if one of the things whether it would be first order of business for the new board to take a look at all of these and look at which ones do indeed or do not affect our ordinances and then prioritize them that seems like a first order of business because some of these will be on a timeline so that's my comment and [Music] yes anyone else have any comments on

[179:04] this one and generally this is a yes the other thing I would say is I'm yes on this I think maybe we had to do it all over again we probably would do things a little differently with respect to the housing board I don't think we provided them with sufficient guidance when we launched them a year or a year and a half ago and I just want to make sure that we don't make the same mistake here so if this keyboard gets formed to the next six or twelve months or whatever it is I think in addition to his charter and all these things this work we you need to be really specific with the board about what we ask them to do rather than saying go forth and I think you policy so that they know what we expect to them okay super any final comments from Council thank you very much thank you your next item is

[180:04] citywide retail study mid-project update so Sarah we Benson is going to be presenting this we will thank you this is a midpoint update on the citywide retail study we were last before council in July getting input on a scope of work

[181:02] for the project since then considerable work has been completed by members of the community working with our nonprofit economic vitality partners and an interdepartmental staff team to examine the bolder retail environment and whether bolder residents workers and students are able to meet their needs for basic goods and services within Boulder tonight we'll review the purpose of the study where we are within the four study phases and next steps we will focus on what is known at this point which includes basic data on the boulder retail environment who we were able to reach with our community engagement efforts and some preliminary themes from those responses we'll come back this July with a more complete analysis of the study findings and recommendations for next steps as we develop a citywide retail strategy I'm going to run through the slides fairly quickly and then we'll follow with questions for Council given the late hour try not to take too so

[182:02] first the study follows last year's downtown retail vibrancy study by looking more broadly at the retail environment in Boulder and assessing whether it meets the community's core values such as sense of place welcoming inclusive and diverse sustainable and environmental stewardship the study will ultimately inform a citywide retail strategy to help us achieve the comprehensive plan goals of a more vibrant retail environment as well as supporting maintaining affordable retail space with the data collection phase now complete we are at the midpoint of the study the work so far has included hiring a consult through a competitive bidding process to assist with survey design analysis and recommendations we worked with our nonprofit community partners to develop an engagement plan and collected more than 1,000 responses to three questionnaires one for shoppers one for retailers and exit interviews with

[183:01] retail operators that have closed or relocated from bolder within the last two years we are currently analyzing the questionnaire responses and evaluating these in light of broader quantitative data collection being conducted by the consultant by July we will have a final report and recommendations for how to pursue the citywide retail strategy based on the study findings the study looked at the bolder retail environment both citywide and within what the consultant identified as ten primary nodes of retail activity the entire retail environment is 6.6 million square feet which generates 2.9 billion in retail sales in 2018 both the total total square footage and sales are higher than any of folders neighboring communities and more detail on these comparisons is provided in the agenda packet the shopper and retailer questionnaires and exit interviews were

[184:00] designed to reflect the community values that make up the framework for the study in the analysis phase we were able to determine if some responses are more common in certain areas of Boulder or among certain Boulder demographics and how our retail performance compares to our neighboring communities in pure communities nationwide the survey also looked at how people access retail areas both to work and to shop and what characteristics of a retail district are important to them we asked about how shopping behavior is changing if at all and whether they are buying more goods online remaining within Boulder or looking outside the community the staff team on the project includes a member of the city's engagement team they assisted with strategies for reaching community members from a broad variety of backgrounds postcards and mailers with survey links were sent in both English and Spanish we conducted in outreach at various public events at Boulder housing partners and at the emergency family assistance Association

[185:02] surveys were conducted door-to-door using the community connector program and we reached out to bilingual school-aged families using the families and educators together program we also conducted in person visits to more than 100 retailers across the city and worked with the Small Business Development Center to conduct confidential in person exit interviews the goal was to reach a broad geographic and demographic diversity of responses over the next few slides will illustrate the reach of the community engagement effort all of the graphics are available in the agenda packet which is posted online for a more readable format this presentation provides a quick overview of the information that's been gathered the geographic distribution of responses from resident shoppers worker shoppers and retail retailers reflected fairly closely where the residents workers and retail activity were taking place the

[186:00] demographic distribution of responses was more varied respondents were from a wider diversity of age groups and income levels however respondents had less diversity and their self-identified ethnic groups and genders how the response rates match up to bolder demographics overall will be examined in the analysis phase and statistical findings may be weighted accordingly business respondents represented a mix of retail restaurant and service businesses more than half had fewer than 20 employees and more than half only had locations in Boulder reflecting a significant response from small and locally owned businesses we had a higher rate of responses among restaurants in the exit interview outreach although these also were primarily were smaller sized businesses and more than a third had been in Boulder for more than 21 years at this stage the comprehensive analysis of the survey data is not yet complete however staff has reviewed more

[187:02] than 800 open-ended responses to the surveys and highlighted the comments that appeared more frequently the shopper survey responses for example included multiple requests for a greater diversity of retail including more general merchandise option options and location specific needs such as grocery stores in certain areas across the city some respondents reported shopping more frequently outside of folders since the introduction of the sugary beverage and bag fees respondents frequently said they felt the need to go outside Boulder to access affordable goods at stores such as Costco and Walmart current retailers responded that they located in Boulder because of the beauty of the location and because of the relatively affluent customer base they also liked that the city offered a mix of resident student and tourist customers some found it challenging however to adequately park their customers and employees and to navigate the city's zoning and permitting processes some also said they

[188:01] would like support for workforce housing and for reducing potential negative impacts from people who are homeless locating outside their stores comments from businesses who closed their Boulder locations were fairly similar to those still in operation more of these respondents cited issues that arose from not owning their building such as rising rents building maintenance issues and pass-through costs some of the clothes retailers also cited a perceived negative impact from marijuana based businesses as mentioned earlier in the study we are at the midpoint when the analysis and final report are ready in July we will return with next steps for developing the citywide retail strategy the strategy will be how we pursue the comprehensive plan goals of a vibrant retail base and supporting affordable commercial space within the context of the city's core values the next few months may also include additional community engagement as needed our

[189:01] questions for council tonight focus on whether council has any questions or comments at this midpoint in the project as well as whether council wishes for staff to focus on any particular areas as we proceed into the final stages of the great thanks very much Bob do you into things that was helpful that's in shortly do you anticipate that the final report or the recommendations later on will have things that are actionable by the City Council in other words do you maybe if the answers don't no that's ok an answer to but do you anticipate that you're gonna ask us to do certain things relating to taxes or land use or zoning or things like that in other words is this informational and then we're you know we're all can I can I go out there and encourage good things to happen or are we gonna like legislate things to happen I think at this stage it's too soon to know what any policy

[190:01] recommendations would be where we're at is starting the analysis to determine what people's goals and objectives might be for that strategy okay and then the strategy would actually begin to develop the actionable items and out of that may come some policy changes ok thanks for appropriate questions I appreciate this it was short and sweet and it was very complete I thought so thank you thank you yeah and the memo was quite good and had lots of good information in it so I think this is on track and I think it will reveal some interesting things for us I find interesting the report was how well we are doing [Music] there was this headline that we were failing or flattening or whatever but

[191:00] things have returned to or as me as they had been predicted and we're still very strong in the marketplace and in the region so can I echo that one number that jumped out of me was the fact that the average the retail sale per capita in the city was $27,000 in other words you take all the money that people spend in the city divided by the number of buildings it was twenty seven thousand dollars per capita yeah if you do the math on that our our cease share of the sales tax is a almost four percent as like 3.8 percent or some like that so that's roughly roughly I guess what the point I'm trying to get to is our budget is about three thousand dollars per capita okay three thousand dollars if you take the our overall budget of three hundred and some-odd million divided by one hundred eight thousand people it's roughly three thousand dollars per capita that we spend on everything that includes our utilities by the way too you can do just the retail portion of

[192:02] that the sales tax on the retail portion of that will so which is probably taxable that's one thousand dollars worth my point is is one third of our budget comes from retail sales one third of our overall budget comes from retail sales so we can guess I couldn't say is that's why I asked the question about are we alleged because we could really screw that up right we could do like something that inadvertently causes that to go down because we're way higher than a lot of our cities and the Front Range on a per capita basis sales and so while you know it you know money is not the be-all end-all of city government we have to keep in mind that city government is funded and all the wonderful things we have as far as our parks and our paths and our open space and so on and so forth is a big big portion of that is funded by retail and we we need to be very intentional about what we do to that do we want to grow it do we want to preserve it or do we want to reduce it and if we if we reduce it either in

[193:00] unintentionally we just really need to realize that really is going to have an impact on our budget which has an impact on the services we can provide one question I probably should have asked earlier and it goes to your finger towards a table and you have population what's the population referred to is it population that frequents that shopping center is that population that lives in those what is that sure yeah figure two is describing everything within a three quarter mile of our retail nodes so the population is just the resident population within that radius so if you're thinking about a trade area for a commercial district of who might be walking and supporting that district it just gives you an order of magnitude of the population density

[194:00] surrounding each of those knows was the high population almost 19,000 and it's one of the highest it's the second highest after Basemark and so that's why the note is in there that it includes portion of campus as well yeah yeah yeah it has a high population density so you would think the retail would be doing better at the hill so in terms of following up on Bob's question about actionable items one of the things we did earlier today was interview for an applicant for the Bureau board and diagonal Plaza was mentioned again so perhaps in terms of retail the things that people say who live here that they want didn't word that they go out of

[195:00] town for possibly there might be some options that we would be able to look at in terms of expanding those kinds of needs in some of the we're vacant commercial lands that we have those that could be done made over so to speak yeah okay anything else thank you very much thank you okay we have three more small things do you want to talk at all about the Borden Commission appointments are completely postponed let's just confirm so I I think it would be best if we did Borden Commission appointments with the fuller council than we had tonight so I would propose that we table this until the next full meeting sure yeah maybe CA so you can just put it on for June 4th so police oversight task force amendments

[196:01] okay so yeah I'll take that one since Erin's not here so one of the things that was in the Charter for the the task force was representation and I think all of us on the subcommittee one at Latino representation and we thought that we had that we made some assumptions and as it turned out we didn't so Aaron and I spoke on Sunday and we proposed that we reopened the applications for one week and and asked council to authorize the subcommittee to appoint that person who would then become the thirteenth member and that way that person could be available for the first meeting on the 31st thanks Mary

[197:04] just a question there's two questions one I seen recall from when when your committee was making recommendation to Council it was two weeks ago there were had been some scoring of of the candidates can you could you use the scoring that you've already done on the people that already applied and identify the thirteenth person there was one person that we talked at length about that I was advocating for but the committee did not support that person so Aaron and I spoke about that and and so we agreed that it would was probably better to just reopen open that's fine then second question is you'll reopen it'll be open for a while people who apply and then there's gonna be all five of you that are gonna look at those new applications yes and noticed well that's two council

[198:09] members yeah but if it's if councils delegating authority to a committee then the committee has to comply with the Open Meetings Act okay well then I guess we would have to make it open in public unnoticed so I have a few logistics questions the first meeting of the task force is May 30th which is a week from Thursday and your next meeting of council is next Tuesday but I guess is the task i-s I am the one or my office is the one that needs to reopen it by providing a press release by sending an email to all the people that already applied but didn't get selected by gathering all the materials so I when do you want the materials gathered and when can you meet in order

[199:02] to review them so that the folks can show up at the first meeting we didn't quite establish the timeline so thank you for asking that it is a tight timeline and if it needs to if that thirteenth person needs to miss that first meeting which is highly likely that would happen anyway because it would be very very short notice you're really short notice for so so what is your suggestion in terms of you know reopening it and can how much of the previous materials can you use so so certainly we could use all the previous materials except that since we're reopening it we need to ask people if they still want to be considered some folks we would be reopening it with a requirement that

[200:02] they be Latino because a lot of the people that previously applied were not except for this one person that the committee did not choose to a point so I guess I would ask my colleagues to see if they have an alternate suggestion I do I know it's this is dangerous but someone's like you spoke pretty highly for the Latino person that applied I don't think he really weighed in on that person if I recall here's what I'd be happy with given the shortness of time I would be happy if you and Aaron conferred and if the two of you are happy with the Latina woman who applied and the objection from the three members of the n-double a-c-p was that there was not a close enough tie to Boulder and my

[201:05] argument was that sometimes it's really good to have somebody outside of the community to give a different take on things so I guess I personally I would be happy to delegate to you and Aaron the decision to appoint the thirteenth person if the two of you want to open it up and see where else applies that's fine but I would also be fine if you and Aaron are happy with Latino gentlemen that applied that you advocated for I trust your judgment and errands and I'd be perfectly happy to delegate that decision to the two of you that's my view yeah I'm okay with that I mean I also feel like in the interest of transparency and cooperation that you should let the other three members of the committee know what you're up to and no council has said as far as you know

[202:00] that you and Aaron can make that appointment but it sure seems like they should at least be informed of if that's what we decide to do so what you're saying is Aaron and I would make the appointment as opposed to having the committee if I'm understanding correctly that's what Bob is suggesting are you comfortable and uncomfortable with that if you all it's mostly for me in the interest of time I would say the same thing in order to expedite the process and move forward I'm comfortable with doing that as well okay so does everything you need Jane so I will have a conversation with Aaron okay yes absolutely and then you'll work with okay okay next is asylum-seeker discussion and some Mary that's also me so last week I received an email from

[203:03] Nicole melaku who is the executive director of the Colorado immigrant rights coalition and in it she wrote that a partner organization had notified her that there have been asylees that have been getting bused from El Paso to Colorado and she was looking for communities in Colorado could house these asylees who basically getting bust and waiting to be placed with their families while their applications are processed so it's a 72-hour need for housing for these individuals and I just this afternoon received an email from Nicole again saying that possibly this weekend there is a group of 20 arriving Sam and I had

[204:05] spoken with some Morgan and some nonprofits in the city as well as Sam spoke with with chief Carl Durazo and we both spoke with Curt and the idea was to minimize the impact on staff and since it's 20 I'm thinking just and I will share this with you is that probably could probably be handled by putting out a call to community members to house individuals so in which case it could be handled completely outside the city so that's what I'm thinking right now ideas question and defeat myself I'm Mary why is it only 72 hours that's a

[205:03] really good question I don't know why it's only 72 hours I was there getting best aid they need 72 hours and Nicole just said just enough time to get some food take a shower and regroup and then then they would need transportation out to either the airport or a bus to meet to their final destination so their families are places that are ultimately going to take them in long term have already been identified and then they're just transits thanks so yeah so that's the latest that I have and and since it's only 20 I'll get more information on that and perhaps we can put it out to community members who might be interested in helping and I would suspect that and I would put it out to the community I'm sure people are watching at 10 o'clock right now and put it up to the community and ask perhaps

[206:01] ask the daily camera to put this front and center so the contact person and I'll just go ahead and say this and then we search for that email the contact person would be Jennifer Piper and her email address is J Piper JPI PE are at a FSC org well good thanks for bringing this up and we can use our networks to support these folks when they get in our community so Jane you

[207:03] are detached on the last item on the agenda which is the FAA so we're gonna have the mayor sign yes a letter requesting the flight paths to be moved even further south yep great perfect and then any discussion items or debrief from this meeting no thanks it's the smallest council meeting I can remember this is the first time that I recall getting out when we've had a business meeting before 10 so I'm sure it's no reflection on those were not here okay here we go meeting adjourned [Music] - Parris all felt like that [Music]