October 29, 2019 — City Council Special Meeting

Transcript

Captions from City of Boulder YouTube recording.

[0:00] welcome everybody to this very auspicious occasion the last meeting of the City Council it's a special meeting Boulder City Council on October 29th 2019 Lynette will you call the roll councilmember Brocket present Carlyle your Jones here where's al Nagel here Weaver yeah Yates here young president mayor we have a quorum excellent so that's a little special it's the last meeting of this council I just said that but it's still sinking in and some of us it'll be our last councilmember meeting ever and we're gonna start off with a few declarations to acknowledge that so with that I'm turning it over to Councilwoman more Zell so I am very

[1:11] excited to be able to read this declaration in honor of Cindy Carlisle service two on the Boulder City Council and contributions to our community Cindy Carlisle was first elected to a four-year term on the boulder city council in 1985 and served until 1989 she returned 28 years later to serve again in 2017 she will continue to serve until her term ends on November 19 2019 during her to ten years on council Cindy has been an incredibly strong environmentalist advocating for slow growth policies protecting open space increasing transportation access and

[2:02] affordability and preserving our historic buildings shortly after her first term in 1985 Cindy supported the preservation of the chatauqua meadow protecting it from being converted into a parking lot in her first term she also helped with the effort to keep updates to the Boulder Valley comp plan focused only on the specific changes that were needed some of Cindy's major achievements during her first term include establishing today's extensive off street bike and pedestrian system now known as boulders tributaries greenways program backing programs to fund affordable housing projects and crafting the city's woohoo burst fest aside ordinance in her second that was really incredible in her second term cindy focused on the city's budget

[3:00] working to make it more transparent and accountable crafted new land use codes to protect many of the city's neighborhood business districts and work to ameliorate some of the competing pressures of growth in boulder including in boulders open space and mountain park system between Cindy's to ten years on council cindy served on the city's jobs to population task force the homeless shelter task force and the civic used task portes force number four none of this stuff is easy her other civic commitments among many include serving on the boards of eco cycle new era Colorado's founding board the University of Colorado long lost school center for energy and environmental security and boulders first committee for campaign finance reform which led to a successful

[4:02] initiative on campaign finance reform still in place today between her to ten years on council Cindy also served for six years from 2003 to 2009 representing Colorado's 2nd congressional district as regent for the University of Colorado where she chaired the capital construction committee while Regent Cindy served on the laws and policies committee and helped co-found the center for energy and environmental security Cindy also ster served I should have asked you to come up first that's right you'll eventually get the Haven after 20 years I got a little nervous where was I Cindy also served on the city of Boulder University of Colorado working group and

[5:02] to help rebuild relations which were needed between the city and the University this was an enormous undertaking in the this capacity as a region and former alumni from cu-boulder she used her insights and university experience to enhance town-gown relations and forge a strong partnership with the city and the University of Colorado at Boulder through her years cindy has remained an engaged and impassioned supporter of multimodal transportation in Boulder she chaired the city's first transportation master plan committee adopted in 1989 and led the multimodal transportation focused group to create seminal Boulder routes such as the hop skip and jump in never

[6:00] perfect but you know you just got to keep on trying extensive bike plan throughout the years cindy has championed full ridership access for students and continues to support programs that make it easy and safe for all of boulders residents to navigate the city successfully in 2019 she had the opportunity to revisit long-term transit planning where she in the rest of City Council approved the latest transportation master plan along with the pedestrian master plan and the vision zero plan cindy has been recognized for community community service multiple times in 1990 cindy was awarded the pacesetter award for the arts and entertainment by the boulder daily camera cindy also received the woman of the Year award from the University of Colorado Boulder Women's Resource Center as well as receiving an award for

[7:00] special service to the Tibetan people from the International Campaign for Tibet Cindy also was recognized with the Distinguished Service Award from the center for energy and environmental security at the University of Colorado throughout Cindy's 30-plus year involvement in local politics she has steadfastly maintained her focus on the practical realities of situations and has resisted distractions from various latest greatest schemes Cindy brought traditional progressive values to the City Council and worked to restore trust in city government and perhaps more importantly she has maintained her relationship with boulders essential spirit by staying connected to both its residents in its natural setting cindy has helped codify the fundamental essence that makes boulder such a great place to live today

[8:03] we the members of the Boulder City Council recognize honor and appreciate the service on city council and significant contributions to the city and community made by Cindy Carlile Thank You Cindy for your years of service and a job well done but I didn't really prepare anything like at the Academy Awards right even though I knew this was coming but what I can say is that I love Boulder I love the University and I love the citizens residents who show up here time and time again and let us know that they care about the community and they care about what's happening I admire and respect my

[9:05] council members and with Lisa and I go as one can see listening to this so far back and she's an amazing person and it's been an honor to be able we haven't served before together so this has been really great fun and I would just ask us to remember those who went before when I started on this journey myself people like Al Bartlett Gilbert White Ruth write their seminal voices visionary in the community and I'm very appreciative to those and I hope those coming forward as the torches past here will keep in mind the work and the love that those who preceded them have put into this community thank you thank you and I have to thank you you are an incredible person and I have to thank Cindy back in

[10:02] the early 90s she mentored me and got me interested in serving on the boulder city council so thank you for all of that Thank You Erin and here you get a prize a nice present your leadership and commitment are invaluable to our community thank you for your generosity and dedication to helping others and helping others is exactly what you've done next steps in coming up

[11:00] [Applause] so let me just say before I start reading what an incredible honor it is for me to read this declaration for for Suzanne here she's been a real mentor to me and my four years on council I've learned an enormous amount we've worked together you know I do various things around the region and of course as an as our mayor goes to things like Metro mayor's and mayor and Commissioner coal coalition events and wherever I go people always speak to me so highly of the work that she does in the way that she represents our city so we've been very very fortunate to have her for the last eight years in particularly the last four years as mayor I'll see if I can get through this okay all right it's it's gonna you know grab a cup of coffee it's gonna be a little while all right a declaration in honor of Suzanne Jones's service on the Boulder City Council in contributions to the community on October 29 to 2019 Suzanne Sam Jones was elected to two four-year terms on the boulder City Council beginning in 2011

[12:01] and will continue to serve until the end of her second term on over November 19 2009 teen prior to her election in 2011 Suzanne was already heavily involved in the business of the city of Boulder and committed to work on policies that improve the environment and our community sands served on the city's environmental Advisory Board from 2006 to 2011 and later on the city's second blue-ribbon commission from 2008 to 10 in her day jobs Zann has been at the forefront of protecting the environment previous positions for the Wilderness Society the Nash Wildlife Federation as a congressional staffer for the Fisheries and Wildlife subcommittees in the US House of Representatives and other duties show this strong commitment to the environment and our planet and today zan is the executive director of eco cycle a non-profit with long-standing ties in the community during her eight years on council zan has accomplished a great deal some of his Ann's achievements on council include evolving and expanding boulders approach to homelessness to focus on housing people and providing a

[13:01] pathway out of homelessness increasing our support for public art for proving a self-sufficiency wage for city employees strong support for the city moving forward and creating a city-owned municipal utility expanding the city's cooperative housing ordinance designating Boulder as a sanctuary city adopting an annual celebration of indigenous peoples day and leading formal consultation with Native American tribes affiliated with the area as a council member zan has served on multiple sub committees including the Civic pad use task force number for the Denver Regional Council of Governments Boulder County's Resource Conservation advisory board the legislative committee and the retreat planning committee now courtesan has served the last four years as mayor where she has represented the city on issues at local and global scales as mayor she worked with Council to find common grounds on issues such as affordable housing and municipal ization of the city's electric utility zan's collaborative leadership style has helped to meld public input with council

[14:00] opinions to craft consensus on policy solutions and zan has been a leader in considering actions taken by other communities regarding climate change use of fossil fuels and housing zan has been pivotal to boulders inclusion on issues of concern at local state and national levels zan has engaged actively at the regional level with the various transportation coalition's to grow multimodal transit networks connecting Boulder with other metropolitan partners and she has even carried the city's interests abroad where she forged meaningful partnerships and promoted unique boulders unique character on the international stage including in Paris just a couple weeks ago we're all very jealous Zam's background and public policy combined with her passion for the environment and climate action have made zen a very successful council person and mayor san has worked across political and technical spheres to create policy based solutions to address climate change within Boulder that are reflected in the city's current zero waste ordinance ambitious climate goals energy efficiency standards and strong positions to protect Boulder from

[15:01] fracking and other destructive operations so we the members of the City Council of the city of Boulder recognize honor and appreciate the service on city council and significant contributions to the city and community made by Suzanne Jones thank you for being the strong leader you have been for Boulder we are gonna miss you a whole lot so I can't thank you all enough it has been a huge honor and plate there's my twin it's been a huge honor and pleasure killing me I wasn't gonna get all teary

[16:06] [Music] I'm just gonna say for the record everyone should be able everyone should have a twin I feel like it's kind of cheating I just want to say thank you it's been one of the great honors of my life to serve on City Council to serve all of you and to be mayor it's one of the places where I think democracy still works is at the local level and the reason it works is I think because we have such an informed and engaged public that really cares and that frankly drives the policy forward and makes things happen so I want to thank all of you for your engagement all the people out in TV land we have a proud history of activism in this city to carry us forward we also hire the best and brightest staff and I we don't make

[17:02] your lives easy but together we get great things done and I I think a lot of the great work boulder does is so dependent on those staff and then finally we have a fantastic council and it has been so it's actually been really fun to serve with all of you and I got to serve with a few other councils well always save the best for last and yes I have learned so much from each and every one of you and I'll just say that I'm proud of the work that we've done I first ran for council because of the environment and because Boulder was so committed to to acting on climate and while we haven't quite delivered me supposition we've been moving forward we're changing the world around around that issue we've helped Excel get greener and we're moving forward and again I thank the people for helping move that agenda I'll also say that I think we've done some important work around inclusivity and trying to be more

[18:02] welcoming and yeah we have a lot more work to do but I'm glad that one of the last votes we're going to take tonight is on our police oversight panel and again we will just keep moving forward and I know this city is very divided over the issues of growth and development I'm proud that we have focused on the affordability part because that's what everybody does agree on and we've passed a lot of policies and we move forward a lot of projects that will add affordable housing to the city to help preserve some of the the diversity and uniqueness and sense of community so I'm glad for that I'll note that all of this is a work in progress cities are always a work in progress and there's a a poster that hangs in the office downstairs in the city council office and it's a quote by Plato and I love this quote and it's it is the city is what it is because the people who are

[19:01] who they are and I think that that's very true and that's what gives me hope for the future so thank you so much all right and weeds present you with this lovely sculpture thing it's beautiful so I am beyond honored and humbled to be able to read a declaration and honor of Lisa Moore's L or did she feel come she comes Lisa has been a real mentor to me on council and so to be able to send her off at her last council

[20:01] meeting after she has served 20 of the last 24 years is really something else and so I'm gonna read through this and there will be a lot of things that are gonna get left out because there's no way I could cover in detail all the accomplishments that Lisa has been part of with the City Council so Lisa more Zell first came to Boulder in 1958 as a child in route to Rocky Mountain National Park - hiking camp with her family she later moved to Boulder in 1977 and soon became involved in various issues such as protesting the manufacturing of nuclear warhead triggers at Rocky Flats getting arrested sometimes even supporting food co-ops serving as an eco cycle block and region leader and enjoying boulders open space her involvement increased over time and in 1995 she first ran for Boulder City Council as a voice for Boulder having been fully involved in North Boulder

[21:00] sub-community planning issues since the late 80s Lisa ran on a platform of representative and transparent governance slow growth policies that fully engage the community strong environmental policies whose goals are to reduce our carbon emissions and other environmental impacts on the earth safer transportation options and connections for the pedestrian and bicyclist support for affordable housing funding and strong fiscal budget with ample emergency reserves I believe Lisa tells the story when she got on we were somewhere in the two-percent reserves level and now we're at nineteen and a half percent she has stayed this course in each of her terms on council 95 to 9999 to 2003 2007 to 2011 2011 to 2015 at 2015 to the current day from Lisa's perspective it has been an absolute honor to represent the residents of Boulder helped resolve their problems and contribute to the shaping the future of Boulder in November 2015 Lisa was

[22:02] elected to her fifth four-year term on the Boulder City Council some of the accomplishments of the Boulder City Council that Lisa had been part of include adopting the Kyoto Protocol's regarding curbing greenhouse gas emissions supporting the municipal ization of boulders electricity supply since nineteen seven 1997 supporting zero waste goals including acquisition of the 6,400 Arapaho site for repurposing and recycling hard to repurpose materials supporting integrated pest management which minimizes the use to pesticides and has virtually stopped the the city organization using jnana-kanda roids over 25,000 acres of open space land have been acquired but Lisa was on council she supported the establishment of the Rocky Flats Wildlife Refuge supported establishment of the north polar sub community plan the first sub community plan in Boulder and still the only one right now supported the

[23:00] establishment of the first inclusionary housing goal in 2000 which is since increased a 15 percent affordable to low and moderate income earners established a fund for legal counsel for residents of Boulder Meadows mobile home park in 2001 and has remained a tireless advocate for people who live in mobile home parks advocated for the establishment of the hot bus service followed by the skip dash jump and so on advocated for and established many tens of miles of greenways bike paths and bike lanes throughout Boulder established a dark sky ordinance which required an amazing amount of persistence over a 15 your implementation period so during the time Lisa has served on City Council she has played a key role in expanding our sister cities projects she's had the privilege of voting to Adya Terrace Cuba Yamagata Japan monta Mexico kusuma Kenya novelist Palestine and Ramon Tom Negev Israel and Kathmandu Nepal to our older

[24:02] sister cities including jalapa Nicaragua Dushanbe Tajikistan and lost it Tibet Lisa has three incredible sons all born and raised in Boulder and now living in Boulder in Denver with on Mars L Lisa designed and built the first structural Adobe house in the city of Boulder where they raised their children the house is highly energy efficient solar powered and has low maintenance Lisa has maintained an organic garden and fruit orchard for the past 30 years Lisa was raised in Kansas City Missouri has the fourth of six siblings her educational background includes a BS in geology an MS in geology and a PhD in geology and geophysics lisa has worked at the US Geological Survey as a research geologist since 1977 and is currently scientist emeritus working with the Yellowstone Volcano Observatory as a physical volcanologist she can take the

[25:00] heat being a woman in a field of science formerly dominated by male scientists her career path has not always been without barriers lisa has worked hard to ensure discrimination against anyone is not an option and that everyone has a fair and equal opportunity in employment in politics and in society and lastly a final accomplishment by Lisa Moselle that she and the community as a whole can be very proud of and celebrate is commencing construction on the North Boulder branch of the Boulder Public Library System persistent dedication to our community is the hallmark of Lisa's dedicated service the bolduk community has been very blessed to have the dedicated in a fearless service of Lisa Moselle for over 25 years and we honor your service to the community thank you Lisa [Music]

[26:07] well first of all I wanted to say thank you thank you for that that was very nice I want to thank the people of Boulder I never wanted to be a politician I just kind of happened into it and I ran the first time because I thought our voices needed to be heard that I wanted a more transparent government that I wanted good land-use planning with doing the best with what we have left and making sure that we're very careful with that I wanted a library I wanted us to be a cohesive community that worked together and I wouldn't be here if it were not for all the people I worked with long time ago

[27:01] in the boulder Neighborhood Association and then you know in my own little neighborhood where we co-founded our own little Neighborhood Association and then forming the North Boulder coalition because there were development serious development plans happening up in North Boulder and while we had our differences within the community I said if we don't speak with one voice we will be divided and conquered so we have to come across our differences and speak with this one voice and we did and we were able to get the North Boulder sub community plan passed and people like Aaron living in it and happily living in it and making something I'm very proud of we have 48 percent affordable housing in that North Boulder sub community plan I also want to thank the people for electing me for

[28:00] five four-year terms and it's with you that we were able to create the vision and what we were able to create in Boulder none of this can be done alone and I want to thank all of the previous councils that I've served to it this is my tenth Council and every single one of those members actually helped me I was never on a board really before I got on council I didn't know Robert's Rules of Order I could care less but you know my purpose was to get things done and to make the people's voice be heard voices be heard and and that my family my sons Tim Nathaniel and Jesse supported me through all of this I just have to think and I have to thank all my friends who I haven't seen for many years I I also have to think I have

[29:05] an incredible thanks to the staff and we could not on city council do what we do without a great staff we would be nothing without our staff and our staff are the professionals that put our ideas into real formulas and how we can get this accomplished and through that I am very proud of the amount of affordable housing that we have gotten done accomplished I am very happy that we are working you know to move forward with social equity with being cognizant that we're not as perfect as we need to be that we have a long way to go in terms of racial equity and making sure that everybody feels included in this community so I'm very proud and happy

[30:01] that we're still continuing in this and I would hope we never forget about that we all have an important voice it doesn't matter who is speaking and I learned early on I could close my eyes and just listen to what people have to say and take that voice and try and thread it into a fabric that would work for the broader community I'm very proud of all we've done on various land you issues on sub community planning on getting used tables past and there's going to be a lot more work to do on doing community benefits it's been an issue that we haven't really tackled but we finally have and I'm very happy for all at the open space that we've been able to accomplish in all of these years and it was a lot of strategy by other council members nobody does any of this

[31:00] alone we're all a team and we can have our differences but in those differences and I've learned this so well with this council I would have to say of my 10 councils no offense to any of the previous ones this is absolutely my favorite council and the reason is not because I get my way all the time but because we have such intense debates and and really deep discussions about what the issues are and how to resolve these and we've met each other with respect and comedy and I would hope that the next council going forward understands that it's not so easy being on council you don't just come in and say oh I'm gonna fix something and turn a switch and have it fixed if that was

[32:01] the case 31 years ago when I started on North Boulder Library we would have already been in there it's not easy and it's not all politics its money it's where we are with our reserves it's what we can do and so it's very complex I wish the switches were there they're not and so for the next council who comes on and I wish everybody well and I thank everybody who's running in this election be respectful to each other I hope I hope you can be and be kind and having differences isn't so easy but if you have under ending person on the other end it does make it a lot easier to speak about those differences and to come to a resolution that works not for you but for the broader community because that's what it's all about and I have to thank

[33:01] Linda and Heidi being here all these years and all the previous clerks it's not easy on them either and they put in an incredible amount of work to the dedication of our city so I am gonna leave and I am waiting to go into the doors of Narnia in Yellowstone National Park in a couple weeks and say goodbye to the world for a little bit but I'm gonna stay in Boulder and I will continue to be part of this community and I hope and wish everybody well and Boulder is about greatness and we can do anything we set our minds to do and so I just hope everybody can go forward recognizing their differences but recognizing their commonalities and how

[34:01] great a community we have and can be and from the bottom of my heart I think everybody [Applause] just one I do have seven postcards to give to my fellow council members who are here they were printed in 1993 I got them when I first came on council in 1995 there are 19 sent postcards and back then we hardly had email so I'm giving each one of my fellow council members a postcard to remember me by and maybe send me a note and then I have because I

[35:03] got to serve on the Denver but is it called Denver water flood control [Music] control that has a new name and I'm gonna turn this over to Sam returning the Platte River to the people and that's by Joe maker who was the founder of the urban drainage and flood control so [Applause] she's together here we go ready 1 2 3

[36:35] [Applause] okay now down to some business because

[37:01] this is a special council meeting we don't have public comment we're only gonna have we have a very long consent agenda that it's gonna take a little discussion but then we'll have one public hearing and that's on our police oversight task force ordinance so if you want to speak to that please sign up over there and with that your consent agenda tonight contains items a through oh so a couple of these are meaty and deserve a little bit of discussion I'm not sure where we want to start we said you had yeah I called it 3e but I meant it's 3d it was called 3e in our packet that it's DV and this has to do with appointing it's to to DD sorry I'm just you're gonna get it catch on to this soon and

[38:01] and so I had emailed this guy I sent out an email earlier this morning asking that we consider hiring the Fort Collins attorney given that for this investigation given that that individual is outside of Boulder has nothing to do with Boulder County and that on this particular issue people are pretty divided and that I'm not questioning anybody's ethics or their integrity but I want to make sure that this investigation is as squeaky clean as possible and that there at the end of this disc investigation there is no doubt left in terms of the results of that investigation so I have asked that our city attorney contact the city of Fort Collins City Attorney's office and

[39:00] see if we could have an attorney from their office represent this investigation so let me turn to Tom I reached out to the Fort Collins City Attorney have not heard back so your options are either appoint as suggested or we'll bring it back after I've spoken with this or Collins to the attorney so this request came in today can we approve it up on that condition I would be reluctant to appoint someone who has not consented to the appointment or has even knows about it that seems a bit much I think what we're saying is Tom can we can we delegate to the authority to engage the someone from the court Collin attorney's office sure that'd work as an amended to you can you make it broader so someone an attorney not who has not worked in the city of Boulder and is not from Boulder County you don't have a didn't used to work for you or something like

[40:00] that yeah no one from Seattle but starting with four comments right well I'll start there but what you already did so okay does that work okay so we'll consider that and amend it okay also on this cassette agenda is all of our budgets which I already talked to at length to em is our community benefits yes and I just wanted to do a shout out to that that is to incentivize more affordable housing in exchange for density and that was a lot of work to n is opportunity zoned and we've been getting a lot of email about that and I think we want to clarify for everybody exactly what that is and what it isn't and I'm gonna put Sam on the spot okay

[41:01] well we started the process of looking at the opportunity sound we put a moratorium and I think in December up 2018 and the intention of the moratorium had to fold one was to change and review all of the use tables in 18m districts that were part of the opportunity zone and make sure that what we would be getting would be focused on neighborhood serving retail and affordable housing so we made those changes we limited the office space and hotels in the opportunity zone and then we further stated and I made the motion so I read my motion language we further stated that we wanted to protect all of the market rate affordable housing which is present in the opportunity zone and we did that with an overlay district so we put a district into place which basically prevents demolitions of market rate affordable residential housing and so if you like we set out to do this process to make sure that what we get

[42:00] from this tax benefit this tax credit move on the federal government's part is what we're looking for so one of the things that was mentioned when Jane put in for this opportunity zone was diagonal Plaza so diagonal Plaza use pretty much it's owned by seven different owners and if this tool can be used to get us good outcomes at diagonal Plaza I think we will have done our job so I guess that's how I would summarize how we got to where we are the other thing I will say that we did ask staff about when we had second reading on this is we asked staff could they please let us know if there's any more tools that we have can we find out where these funds are being used is their way to legally require disclosure and the answer we got was no furthermore even if we were able to find out where the funds were being used when they transfer so it's often the case that land gets

[43:00] bought the project gets entitled and it gets sold off at that point and then finding if people who bought subsequently had oszi funding staff just told us it really couldn't be done under the set of laws that we have in place today so there's a summary hate-hate okay well that's Mary's point really yeah I would give that to Mary so one of the things that occurred to me just as we were voting on this was that two weeks ago or last week I don't remember when we were voting on the on this was that and right towards just before we voted was that I recalled that we have the height ordinance in place and so I I bought it in favor of lifting the moratorium on the hunch that the height ordinance would would provide

[44:05] some protections over the weekend I had an exchange with a member of the public over email and and I said I shared this with this person and they wrote back and said well then you've done all the studies to show that that is in fact true and so I thought to myself yeah they're right so I proceeded it to write to staff and ask some questions and and I want to ask them again and I want to ask them publicly so that you all hear the answers that I have heard and because I I think it's important so Chris so yeah Chris mess trick answer

[45:02] your questions good evening good evening on the moratorium assuming that we move forward with the moratorium what protections do we have in place that would address the concerns that have been expressed to us by the public I think there are several protections that you have in place and the work that is introduced oh sure Christmas check interim planning director assistant city manager over the last 10 months since this councilmember Weaver described when the moratorium was put into place in December of 2018 council as a part of that moratorium outlined a series of efforts that we as staff should go through to ensure that if there is any development that occurs in these areas how do we make sure that

[46:00] that development gets to the outcomes that we want as a community and we recognize that there were several areas where what our vision the Boulder Valley Comprehensive Plan stated for those areas our code did not necessarily achieve those same outcomes and so we did a whole bunch of work to the use tables that's what is up for third reading tonight to ensure that we're getting the outcomes that we want so restricting office in certain zone districts is one area the amount of office that can be built in certain zoning districts and councilmember Weaver describes some of the others the other is as you've said Mary the height the ordinance so the appendix J map that is in the land-use code right now or limits the areas that you can get a height exception and go up to 55 feet and that's very limited to areas where we've either done intentional planning or the zone district intends for that

[47:02] level of intensity and so the height the ordinance really is your your one of your strongest tools in your toolbox to ensure that you're getting the outcomes that you want the vast majority of the opportunity zone is not able to go above the base zoning height and get a height exception so I think that tool is in the in the toolbox as well the last that I would say is the decisions that counsel made related to the commercial linkage fee the next phase in of the commercial linkage fee occurs in January on January 1st and that's the tipping point that we have heard from many applicants starts to actually make their projects economically infeasible as well and so what we're seeing in terms of development trends anecdotally I don't have the data yet we were trying to pull that today yes things are slowing down a little bit as well and so I think there are several tools in your toolbox using our powers of Zoning to ensure

[48:01] that we're getting the outcomes that we want in the area that is located in the opportunities on thank you for that Chris and would you refresh our memory please with why we put the height ordinance in place that's been in for four years yeah so if you could refresh our memory on that when that'd be great yeah I think if we go back to 2015 and remember what was it kind of occurring in the community at the time there was a lot of concern about the types of development and the scale of development that was occurring in certain parts of town especially in the boulder valley regional center the area surrounding 29th Street and so I think that along with some of the conversations about projects that are maybe outside of the areas that we would anticipate more intense development or taller buildings those applications were coming in for Heights exceptions and so I think the concern was where exactly should should

[49:01] we have taller buildings within the community and so in in reaction to that the moratorium was put into place that is the heighth ordinance that we have today and it's part of what is still in place with the appendix J map that we're going to continue to talk about as we work through phase two of community benefits and and as I recall to the the height ordinance was put into place with the understanding that we would work on community benefits and so we've just gotten through phase one and and Phase two has still yet to happen and that would be currently is scheduled for is it june of 2021 may or june what's in the ordinance is that the appendix J map would remain until the end of May of 2021 we anticipate the in Phase two as we hit the new year and

[50:01] working through phase two through 2020 and then also what so that date is important because today we received an email that also explained a couple things about the opportunity zone and one of them had to do with deadlines for investment and as I understand it there is one coming up December 31st of this year and another one coming up December 31st of 2021 could you just explain a little bit more about that because that that is something that I just learned about today sure yeah I will disclaimer I'm not a financial adviser or a tax attorney but in working with exactly in working with Evette Bowden as well as

[51:01] just kind of monitoring the continued regulations of the IRS there are several deadlines the key date in the opportunity zone regulations and the legislation is December 31st of 2026 that's a key date that's in the legislation and you work backwards off of that date so if you want to receive the maximum IRS benefit from using an opportunity fund that's seven years back from December 31st of 2026 which is December 31st of 2019 so if you want to realize the full seven-year benefit of a 15% deferral on your capital gain you need to make that investment by the end of this year then the next deadline if is a five year increment so that December of 2021 that would be a 10% deferral on that capital gain and then after 2026

[52:00] if you continue to hold that investment that for at least ten years then you obtain the full benefit and then there's a period of time that you can you can continue to hold a piece of property or a business investment that that there's some complicated and technical pieces related to one additional benefit you can receive but the key date is that 2026 timeline and working back from that so that by pure coincidence aligns with when we would be hoping to finish the community benefits face to kind of Alliance so and then the other thing too was the industrial zones and how that relates to the opportunity zone and how that just by its its nature of the industrial zones how those also

[53:02] kind of limit what can happen that's correct in the industrial zones the floor area ratio and the industrial zones is really low it's 0.6 and so as a result of that you don't see a lot of that really intense development in the industrial zones and actually what we see on the ground is a lot of times developments in the industrial zones based on other requirements such as open space or parking they actually hit a limit and they can't even realize that 4.6 FA are so right now the industrial zones the way the zoning is written is it really does lower the development potential in that area that was a decision that was made as a part of the 1997 rezoning in starting to try and address our jobs housing imbalance and so I think our industrial zones right now based on their zoning don't allow for a significant amount of redevelopment thank you so let me yeah go ahead so let

[54:03] me just sum it up and late person well in a way that I understand it which is because I think it's important because we've heard from a lot of people about opportunity zones and we think we have done all the work to make sure we get what we need so that any development would comply with the Boulder Valley comp plan that we all worked on together that height above the base is limited except for those in appendix J which are areas that already have that we already went through area planning for and the one exception to that is if we're going to get 40% affordable housing which we have agreed as a community is something we want so on the off chance somebody wants to give us 40 percent affordable units there could be a height exemption but otherwise we've pretty much through the yeast tables sort of limited anything that we didn't want to have happen and that would be why I think at least myself feels fine with lifting the moratorium have I got that right you

[55:01] have that correct yeah okay I would add that we also put in one of the highest commercial linkage fees in the country and so that is helping to slow or defer development or get us housing in the opportunity zone so all of these things I think are working together in synergy to make sure that whatever we get is something that we want in terms of the outcome so we want housing we don't want so many jobs we want to get a little more balance between housing and jobs in this community so I think and a reminder about the overlay zone which is you know existing market rate affordable can go away right I do have a question about the manufactured homes communities in

[56:01] the in the opportunity zone and we have two of them two significant ones and my concern if you you know read about mobile home communities and people wanting to make big investments in these and that they actually are a big investor item I am very concerned of what might happen if some investor plans to come in and offer a current owner a manufactured home community a price that he couldn't say no to and what that would do to that community when we put this moratorium in place we wanted to make sure that no one who is living in the opportunity zone was displaced and I'm equally committed to that for those people living in manufactured housing communities and I'm my only concern at

[57:01] this point is that we haven't protected those communities as well as we can not that they could change from manufactured housing to some other zone or designation but that somebody might come in and say hey this is the next Aspen we could sell you a really nice manufactured home for a million dollars you know I mean that's an exaggeration but okay can you answer that could could we get some opinion and I had sent David gira email and I don't see him so yeah I think I can start and then Kurt if Kurt you've got anything to follow up on on the first is and I think you acknowledged it we have mobile home park zoning manufactured home zoning and that really protects to ensure that mobile home parks are not bought closed and residents displaced the future use of those areas of land are to be for manufactured housing into the future so

[58:01] I think that's a key protection and then we've got the other protections that we have for mobile home parks and for their residents in place and then the last thing is and again this is just my understanding of how the opportunity zone funding works is if you use an opportunity fund to invest in a piece of property you then need to make an improvement to that property a 50% improvement to the property and you have to do that within it's a 30 month period and so if someone were to buy it they still have to do a bunch of improvements to the property and achieve that and so I'm not sure based on my understanding of depending on how much they pay for the property how much the improvements they need to make whether a mobile home park would be an investment as someone would make or not I don't know that for sure but if you think of what are the improvements in a mobile home park it's really just the infrastructure that you

[59:01] could make versus if you bought a building that you're either building a building or you're doing a major renovation to a building you have a building as the major asset afterwards so it's a little bit of a different use and so that would be some thoughts that I have Kurt anything to add great this seems like a low risk okay so are we done with that one well I just had one more question oh wait and I'm sorry okay so it was about making sure that mobile home parks were protected okay well and I just have one more question about manufactured housing and the the way that people would be displaced would be through an increase in the lot rents and Kurt's nodding his head and so is Adam but so that that is something that I think the

[60:01] the mobile home park Act enforcement legislation that was passed last year is trying to address through the rulemaking as I understand it and enough anybody can just I've read through the role the the rule making rules and and they are trying to address that by giving people the ability to obtain one year leases as opposed to a month-to-month which is what most people have right now so that's one thing and I mean I just really want to fully discuss this because we've gotten so much email on it and and I think that well I learned a lot through poking around on on with questions but one other thing that I learned about today was that the the opportunity zone legislation actually has a small closet that was put in by

[61:00] Senator Booker that helps that can help small businesses and if you could explain that a little bit Chris I'd appreciate it sure I can address it at a very high level and then we can follow up if you want more additional information but there are components where you can you can invest in a small business maybe for equipment upgrades or something like that so I have heard about businesses that are in that next phase of development where there may be going from startup to an initial phase of maybe production where they need to do some equipment upgrades and they need capital for that there are investors that are supporting small businesses and helping them make that next move and they're using opportunity funds to help be able to do that Thank You Cindy if we

[62:03] could get more information on that particular part of the program that'd be helpful Sherrington well I was just going to say that I am I did not support this last time and I'm not going to support it this time because we have gotten so much information just in sitting up here this evening right now it hasn't been available at least to me maybe the rest of you have all had this available to you that it seems to me that if we could go through some of these things more slowly with the moratorium in place and explain it so that the wider community is able to understand what's happening it would just be easier for everyone involved and we would get more buy-in that way rather than seeming like we're doing just putting something on and the mobile homes alone I think are a huge piece of this and making sure as best we can and Kris just pointed out said he'd heard of examples one of the things that I've

[63:01] been looking for throughout has been examples of where these things have worked you know so that we can see that they actually do benefit the community rather than all the horror stories which we have heard we I've heard plenty of at this point and most recently this New York Times article about michael milken's reno bending the rules so to speak as reported by the New York Times so I'm really uncomfortable with us just kind of going ahead without I don't see where the harm isn't slowing it down six more months go by so I know we're gonna have a new council if we decide to do this I do like the idea of more buy-in because clearly there's upset within the community I I understand what was set up here today I feel comfortable however I understand that the wider community may not feel comfortable so is just in

[64:00] talking through it is there a way of pushing we can still do everything that we've put in place because I think it's been really helpful what we've done but could we keep the moratorium on for like three more months and have one more session where the new council discusses this and we get some more information it's again I understand I'm just again I like community buy-in so yes so I think I mean the the the harm of an additional time on the moratorium is the is the small business owners and property owners that are within the opportunities and that aren't able to move forward with the plans that they've had for over a year that have that we have halted in their tracks you know and and so I know if multiple folks who had very modest not opportunities own funding related plans like for example somebody who wants to put together a clean tech incubator in a small building and they've been stopped dead for a year so I think the the harm is that so if we if

[65:02] we thought if that there were still major dangers after the changes we've made then you'd say well okay maybe we continue to moratorium but I think the information that we've gotten from staff as we've learned that Thursday you know we know residents will be displaced our mobile home parks are safe from redevelopment and you can't build a taller building unless you do affordable housing just made these you stable changes to make sure that any development that comes forward would be in alignment with our comprehensive plan goals so I mean given all that I think you do cause harm to perfectly innocent you know small businesses and property owners by maintaining the moratorium so couldn't we do something I'm sorry I don't remember what project this was that we did this on before but we're some issues like that you know they come forward tell us and we say okay yeah you can move forward on a kind of a case-by-case basis but still keep it in place for

[66:00] three months too so we can get the rest of the community buy-in but don't hold up again I'm just trying to think of some ideas here because yes we can pass it tonight I feel comfortable with it but again the community doesn't and I think that's one of the big things that we try to do so I just trying to talk it through because I also don't want to hold up small businesses because that's incredibly important for our area yes I'm pretty comfortable that we have put all the protections in place that we've set out to do at Geeko and I think that Aaron's point about the small businesses that are caught up in this is probably what I see is the biggest risk of not moving forward is because I know of a couple as well that I think are separate from the ones that you're talking about so we got a note from a person who is trying to renovate their building right now and they've had to wait for ten months well they wanted to

[67:00] make a small renovation they will have no opportunity zone funding to do this work and so I feel like we need to move forward with this we can continue to ask more from staff about other risks that we haven't addressed that we may find later but I when Chris is talking about the investment that's being made in the physical plant of small companies that's definitely something I've been reading about as well but it's treated differently than the development of land and buildings so I think it's got different different ways that those investments are maybe been encountered so so if I recall it's to me when we were talking about some other development there someone else maybe it was Macy's was complaining about being held up and we were told that there was no hold up there in terms of doing interior reconstruction is that true Chris or are those all stopped as well are you asking specifically with

[68:00] the the project at Macy's specifically with at Macy's but these others that have come up and how many are there I mean are there two are there a dozen are there two dozen this is part of as well doing the assessment of what is it what will the impact be how many people are we holding up specific to Macy's that project submitted an application prior to the moratorium I have heard examples of property owners or tenants that are looking to do improvements I don't know who all else is out there because right now we aren't accepting applications we have had some folks that just they don't come in to see us right now because they know they can't submit an application and they're just waiting so I've heard stories but I don't have a quantifiable number for you thank you yeah first I want to thank Mary and Sam for very thoughtfully walking us through and asking some really really good questions and that was a good education certainly

[69:01] for me and probably other members of the community one thing that I think didn't come out maybe clearly enough in the course of that discussion with Chris here this evening and I don't want to lose sight of the fact that we still do have set review criteria on top of all these things on top of all the things that we talked about and so no very big project and we can talk up what about what triggers as I review most people's do can be approved unless there's an application there's a process with the city planning staff and then they see the Planning Board and then ultimately call up by council and so on top of all the various things that Marian and Sam I think did a good job of highlighting we have we haven't lost our regulatory authority we still have our land-use authority we can still determine what meets or doesn't meet our site review criteria which we've changed I think pretty significantly effectively through the change of the use table so I want us to remember that nothing big can happen in the opportunity zone without it coming through here so I would just say one

[70:01] thing to that which is that we've seen lots of development come through here that the community and members of this council are unhappy with you know starting right for the reason that the moratorium went in place and the height moratorium went in place in the first place okay well I appreciate this clarifying anything else we want to say about Opportunity Zones okay so we received another email over the weekend and it was asking questions about San Juan del centro which is a community that is just to the east of Orchard Grove and it's a HUD and section 8 apartments and along with receiving the email I heard from residents who were concerned that they were gonna lose their homes that they were going to be displaced because the owners were not going to renew the section 8 and HUD

[71:02] designation and so I happened to have of the contact information for all of the leadership of the company that owns them now they were just purchased last year related affordable and so I emailed their vice chairman and I said is this true I basically just forwarded that email and they wrote back and they said no we're going to renew this and we will this is what we do we do affordable housing so we're not going to be tearing down the buildings and displacing anybody save for when we are going to be remodeling the apartments we may temporarily pay for alternative lodging for the people that are whose apartment is being remodeled so just wanted to tie a bow on it just with all of the concerns that people raised over the

[72:02] weekend and through today can I can I add to that thanks for that mayor for bringing that up and just that we got some additional information from staff through them to say that they understand that because of their low-income housing tax credit funding which was done in 2007 that they have a 30-year requirement to maintain that site as affordable housing so at a minimum they have to maintain it through 2037 so we don't necessarily that I believe the the those folks that you emailed with but we also don't have to rely upon that they do have a legal commitment as well okay good conversation there is one other item which is item Oh a speak to that in your packet you had proposed amendment item Oh relates to the project at 30th and pearl as we've gotten close to closing on the financing and the construction in a couple two issues arose the one that's

[73:00] identified in your packet is a city rule that says that the city is not the city cannot allow any construction over an easement and so we generally do revocable permits to allow constructions over an easement in this project they want to build a parking garage and have what they call Paseos or sidewalks on top of it as a walking area we would normally do that with a revocable permit we're told that they can't get financing if that with a revocable permit that they need a permit so the ordinance would authorize the issuance of permits to allow for the construction of these Paseos over the parking garage after we drafted that we discovered a second problem which is that under the federal tax rules that the project is being financed in part with low-income housing tax credits under those rules you cannot have a common amenity that is subject to being paid for to require to pay paid for not distributed evenly this as you

[74:00] know the city's code embodies what we call the some principles for parking which requires separate unbundled managed paid parking and in this case we are asking for the the proposed ordinance would give the city manager the authority to waive those requirements when necessary to have affordable housing like this not this this doesn't come up all the time but it has been a problem in other projects so we're requesting that council passed these two proposed ordinance this ordinances on emergency in 202 make these two changes to help facilitate the construction of this important project any questions about that okay then go ahead Oh somebody wants to make a motion I had brought up and I don't want to do anything about it tonight but with regard to the budget I had brought up a question about the CV B funding and not so much the funding but

[75:02] the rent that was being paid to the Chamber of Commerce and it comes to something like seventy one hundred dollars a month and I don't think we have enough information to drill down to it but I would hope that the next council will look into this and is this really commiserate with what other people pay for space for their their place and is it comparable to what we have like maybe down at the boulder street at the boulder street mall you know in terms of what your square footage prices is it seems a little bit high and I would hope we are getting what we are paying for in return and that it needs to be I would like to see a little more separation between our

[76:00] putting money into something that supports the city and our revenue but also be cautious in putting money into the Chamber of Commerce in making sure it's not being more than it needs to be and that they aren't running their own individual campaigns in election season and I'll just leave it at that so so and I'll take it up there because I got and I ported it to council an email from the CBB this is the Convention and Visitors Bureau which is funded by city tax money my accommodations tax and food and beverage tax in some areas of the city so it's the chamber presentation it's from the CBB saying that as you thank you

[77:00] blah blah blah as you requested this is the presentation the chamber public policy team gave and it had to do with the Chamber's candidate forum and then who they recommended and this is all posted here with city money with City supposedly it looks like it's a condoning because of course it doesn't give the other groups whomever they may be what their scorecards are and so this because this is all city tax money that's doing this kind of thing I find it really a mess and having been involved in campaign finance reform for such a long time and having such an interest in it this is the very kind of thing that we are trying to stop and this has probably gone on before and how it has happened that we support the chamber in such a big way with the tax money that is paid to rent space for the CVB and then the CBB is touting the

[78:01] Chamber's candidates with our tax money it is in tolerable so I'm just bringing that up and I would hope that the campaign finance people in the city would look at this it seems to me this is highly illegal mr. Carr soon you see that they and have all the candidates listed and they just list who their endorsements work yes exactly I mean this is this is this is exactly it it is a one community advocating for the persons whom they have chosen and I do not think that it is sound policy for city tax money to be used for that but Cindy they have all of the Horseman's here not just theirs in fact they don't have an endorsement here the chamber ballot scorecards is what I'm looking at and I looked at them earlier I'm not looking at them right now I'm just like oh I see the chamber endorsement round up on page four of the attachment well we will certainly look at it if you like that's my my concern

[79:00] you do that is that this is not something that should be in this particular place in this particular way funded by city city money and then what you go so just just speak up a little bit since I'm one of the candidates on the ballot here this year but just that no no nonprofit is allowed to endorse candidates and so no candidates have been endorsed by any nonprofit including the Boulder chamber I've seen I've seen they they along with a number of other organizations have put out scorecards where they say what are the different candidates think about different issues right so a scorecard is not an endorsement so I don't know why I don't know about all the rest of the materials but I just want to make that clear that while various organizations have endorsed that are a political advocacy organizations nonprofits including the Boulder chamber have not endorsing candidates okay Bob sorry I just want to

[80:01] come back to Lisa's point I'm I'm currently the council liaison the CBB I don't know if I'll be that in the future but but what I will do Lisa in response to your question is is ask the CVV to prepare a memo for council kind of summarizing in greater detail what we got last week about the rant and do some comparables to other other rent arrangements just to make sure that it's it's market rate no and that would be great and as we discussed last week it also be good to get CVB working with the city and the Sister Cities organization and JC's and/or people who are in rotary the rotary in improving you know access and yeah so I'm happy with that I just thought this seems like a lot of rent and so it would be good just to get that okay thanks so I just wanted to point out erinite I hear what you say but what the it's what they do is identify all of

[81:00] the candidates positions and specifically those who agree with the Chamber's position so I mean I look at this and there are a lot of greens on there and there for Janet some candidates and then there are a lot of Reds and there's some Gold's which is apparently not applicable so all I'm saying is that this again this is city tax money that this is appeared to the wider public and I do not think that it is correct to be doing this and that's perfectly valid I just want to be clear that there's just not an endorsement okay because I believe you use the term endorsement it's a fine line and that's why we had this campaign finance reform group meet for the period of time they met when this council was first seated was to try and and make some distinctions and perhaps that it needs to be reconvened so Cindy do you have a proposal with regards to this are you just no I'm reading attention yeah I mean if you want mom to do anything about it or like Tom to look perhaps see

[82:03] I mean again see how closely the clerk which however you will need to work right legal clerk and whether or need to revisit this because this obviously whether or not it is a conflict of interest it doesn't smell good it certainly gives the appearance of one and again using City money so it's my contrarian last evening all right okay okay so so noted and maybe the next council look and see if if they feel like this is something that needs to be addressed in terms of campaign because you know each year new stuff crops up and we have to decide whether or not we feel like it feels right given our campaign finance laws so with that this has been a long discussion about a long consent agenda that's got a lot of stuff in it so with that is there anything more to be said

[83:00] on any of these items otherwise I'd like a motion I move the consent agenda the amendments that we've made to tui I mean 2d 2d and - oh and - oh okay you want to say anything more no as you said we had a thorough discussion it's a pretty meaty consent agenda but it's good that this council is getting the work done right and I'll just say I want to thank all of you who have been raising issues and bringing them to our attention I think our final product is much the better because of it so with that okay it's a roll call vote we start with councilmember Brocket aye Carlisle aye except for item 2 f g h i j k l which has to do with the budget and - n which is the opportunity zone and to

[84:05] D the ethics question was one of the amendments so I'm good with that mayor Jones aye Marcel yes Nagel all right Weaver all right yes hye-young yes the motion passes unanimously with councilmember Carlyle nay on to F through L + 2 n okay two three four we need some of you to come back

[85:00] we need five okay I'm gonna go ahead and say it you have one call up this evening a youth review for 954 North Street okay okay council does anybody want to call up or have questions about nine four five noise no no okay moving on your public hearing for tonight the second reading ordinance 83-61 adding chapter 11 police oversight to title 2 [Applause]

[86:05] all right thank you I'd like to start by thanking everyone for being here I'd like to thank all of my wonderful Task Force colleagues for the many hours of work that they put into this project I would like to thank our facilitator dr. Carolyn Love who was with us tonight and all the city staff for the assistance that we've given us and can you introduce yourself that was yeah oh you know it's coming okay excellent yes so for those of you who haven't have not met me yet my name is Todd Conklin I'm currently a student at CU I'm a member of the task force I have been asked to represent the task force as you move forward in the second reading of the ordinance tonight in hopes of final adoption of this ordinance okay so as a reminder the task force has recommended for your consideration an auditor monitor oversight model combined with a police oversight panel made up of 11 diverse community members the ordinance

[87:02] before you outlines the following the city will hire an auditor monitor to accept complaints involving police employees monitor internal investigations to ensure objective thorough and high-quality investigations and develop recommendations to improve police services and policies they will also have access to all police data in order to carry out these functions the initial auditor will be hired and held accountable to the city manager and will be housed physically in a location that is independent of the police department additionally the auditor monitor will act as a liaison and provide staff support to the police oversight panel but they will not be a voting member of the police oversight panel and they will not be a member they will strictly be a liaison to that panel they will also work to build relationships with the community and the police department so the second part of this model is the police oversight panel this panel will be made up of 11 diverse community

[88:01] members and also one representative from the police department that will act as a liaison the representative from the police department will also not be a member and they will be not voting on anything related to the police oversight panel this panel will review completed investigations and give recommendations based on the disposition of the investigation and the level of discipline that should be carried out it will also analyze data in collaboration with the auditor monitor to make policy program and training recommendations to the Chief of Police it will also provide feedback on the performance of the auditor monitor it will provide forums to hear community concerns regarding incident specific police actions broader questions regarding policing and they will seek to foster healthy community relations between the police and the community going forward with this process we want a phased implementation process given the level of detail that is going to be required and the complexity of the forthcoming

[89:00] implementation we will continue forward as a task force with an implementation committee task force members who have agreed to participate through the phased implementation include myself Shawn Ray Pass ilaqua Sophia Pelecanos my critique John Gifford Michelle Denis Michelle Simpson Christian Gardner wood to police representatives who are Carlene Hoffman and Pam Gignac is also anticipated by us as a task force the staff who have been supporting this process to date will also continue their involvement as well as members of the police department and staff Todd so that sounds like most people how many people aren't really off the top of my head maybe around three or four okay thank you yes and most of us are continuing along with implementation so implementation details will include but will not be limited to development of a job description for all relevant parties recruitment plans and evaluation framework for the Auditor monitor

[90:00] classification of complaints for police employees makeup and manner of appointment of the Oversight Panel selection committee standards of timeliness and investigation review and outcome oversight panel decision-making process term lengths and staggering of appointments and further consideration of the role Boulder City Council and human relation commission and the police oversight framework so communities that endeavor to implement implement community police oversight models typically require 18 months to two years to successfully implement whichever model benefits their community given the level of detail required to consider the Task Force recommends that in addition to the passage of the ordinance that we move forward as an implementation committee which we have already taken care of that part and then we expect these changes with implementation to carry on into 2020 and then after we have done that process we will come back to Council bring those changes and then amend the original ordinance as needed to be so

[91:01] thank you for all of your support throughout this process we appreciate that and if anyone has any questions I can take those now that was a great presentation thanks very much for that I'm - two questions I'll just give them both you um you mentioned how long it normally takes can you tell me how long you guys think this one will take and then also we do have some check-ins with with us along the way so it's hard to say how long it will take because we haven't yet started the implementation process we're gonna get up and running on that in about the next two weeks we assume and then once we have that we can probably send a memo to Council estimating how long we think it will take okay and then what was your second question and then just are you gonna check in with us periodically along the way so I guess we'd be great thanks Todd thanks very much for that presentation and all your work on this issue so just to be completely clear does that is your task force recommend the adoption of the ordinance has as its stated yes we do thank you I don't have

[92:01] any questions but I just want to thank you for your presentation and I want to thank you and the group for the amount of time and the depth that you've gotten into this issue so thank you we appreciate that yeah and we're gonna have a public hearing here before everybody gushes Mary [Laughter] okay thank you it was a great presentation I do have a question about the letter that we received from the n-double-a-cp and if you could address their concerns sure so we also debated that letter as a task force and then in conjunction with city staff I believe we sent response to that letter to the n-double-a-cp off the top of my head I don't remember all of the specific considerations they asked for do you have any specific questions regarding that specifically

[93:03] the recommendation that the final decision rests with the police chief yes so we debated that at length as a task force during our last meeting and what we agreed upon was that we want to stand behind the model that we proposed to council and and what is in the city ordinance so that is what we will stand behind in regards to that thank you okay I was gonna say do you want to expound upon that but well in the model that we originally proposed the final decision was going to be left with the police chief and that the investigation would go through the auditor monitor who would have been review it and it also go to the police oversight panel who would review the disposition give a recommendation on that and the discipline give a recommendation on that and then it would go to the police chief that is what we decided as a task force and that is what we believe is the best option and we are comfortable with that great that's helpful so that raises another question for me so one of the

[94:02] objectives of this panel is to increase restore better trust in police and so it seems to me that when the police chief is is left with the final decision there is some element of of not being of not being able to carry forth on that objective so could you just comment on that please short so in designing the police oversight panel we want to make it as accountable and as accessible to the community as they can be and we think that in the process we have designed that these investigations are going to be so good and so thorough and so well done that when the police chief makes a recommendation we believe that they will be making the correct recommendation as

[95:00] also determined by the panel and that auditor monitor as well and then incandescent you said you wanted to be able to reach out to the community and have a good relationship one of the other roles we have defined for the police oversight panel is that they're going to be holding community forums they're going to be out talking to people educating people about what they're doing what needs to be done what the goals are and we think in doing that that we will create a healthy relationship between the police the community and this panel as well and so that raises another question about the I think that's that's great maintaining the relationship with the community and doing the outreach I think that's that's that will go a long way but ultimately what you want is to be able to somehow measure that the trust has been bettered and how have you had any discussion about that or any ideas on how to do that so that mainly sounds like an implementation question once we get to the specific portion where we're

[96:01] determining the role of the police oversight panel that will be specifically worked out and then we'll send updates to council regarding that thank you can I just ask a clarifying question the recommendation of the panel and Auditor model would be public right so the everybody will know whether or not that feedback was taken into account in the final decision correct so I believe it's made public by the psrp now and if that is the case then we would also like to continue that practice yeah I'm making that we'll have a chance to see how that goes discussion to Mary's point was there any discussion of doing statistically valid surveys both the community as a whole within potentially underrepresented groups within the community to try and do that perception he's that Mary's talking about so that there could be a baseline established and then as the process runs over the course of many years we could track what the perceptions are are they

[97:02] changing in a positive way they're going the other way did you guys talk about any of the details around that so that will also be an implementation question but that is going to be absolutely critical is constant outreach to community so whatever form that takes in the question you asked we will absolutely be doing some form of that of constantly reaching out to the community to gauge how they feel okay alright the only point I would make for your back is we've been having a pretty good experience with statistically valid surveys and a few of the processes we've been running and so this might be another one that's right for them and wouldn't know how to design it myself and I'm sure there are people gene we do do we get out any of that how people are feeling about the police department in our regular periodic statistical survey we every other year we have a Community Survey and we do get that information and the police

[98:02] department usually comes out very positively I think that this kind of survey that you're talking about would need to go deeper deeper than that I don't want to say that our survey is superficial but it's just asking sort of an easy question and I don't think that we have broken it down based on demographics I think we probably could do that but I just feel like like more questions would really get at the perception who feels that way and the basis for it so okay I think the idea of a different survey will be the right thing that's helpful other questions well thank you Todd I think we're gonna open it up to the public hearing you have you have three people three people yes the freshman is Mark Riley Oh mark

[99:02] every speaker will get three minutes well counsel officer mark Whaley union president of Boulder Police Department the first one I wish those who are leaving before us happy endeavors on your new chapter in your life so I sincerely wish you the best I wanted to speak on behalf of over 180 sworn officers at the Boulder Police Department as we move into the next phase of the oversight I know that a lot of work has gone into getting to where we are today I want to recognize the task force for a lot of layers that they had to learn and research it and get through to where we are today in such a short period of time and I know they reference to Tyra a reference a few minutes ago about how this normally when it's all said and done can take up to 18 months so with that being said there's still a lot of work ahead of us and I want to acknowledge that work that is before us but not only as a challenge

[100:00] but there's an opportunity and working with the police department one of the things that I was in this ordinance on the very first page is as the proposed ordinance it states in Section 211 one and Section E in part and I know we're reading the whole thing that council recognizes that further work is needed to implement this chapter so I am up here today as a reminder and as as we recognize as a police department of my membership that there's still a lot of work to do because in an effort with that direction again we look for this as an opportunity with the subcommittee and having a couple of our officers involved myself included when necessary as is one of the persons who subject matter asked expert those kind of things on these areas the boulder Police Officers Association and the boulder police union has identified several areas that we

[101:03] have concerns about how it's initially put together but also knowing that these things should be worked out in time those details allow us as long as we are given that time and not not rush to any kind of final outcome in this we also know in closing that this is a collective effort this is not only involving police task force but at the community as well and instilling some of those things you talked about on the survey whereas also for our officers who have to live with the final outcome product that will as in this last oversight thing was in place for over a couple decades so we want we know it's something that we have to be comfortable in knowing that we can live with again for the officers and for the community as a whole thank you great thank you the next step

[102:03] is doing O'Conner High Council I want to reiterate what Mark shared about wishing you the best those of you who are leaving council some of you after a very long time thank you for your service and I also want to thank that task force members Todd and dr. love who are here tonight and all those who are wisely sitting at home probably warm I hope for their hard work we as the n-double-a-cp did send some concerns with the ordinance as we read it and the feedback we got mainly addressed either misunderstandings or clarified things that personally made me feel better about it for example that the final police oversight panel will not have a voting member it was a police

[103:01] officer or the auditor monitor and while we I think still disagree on the final position that the police chief should make final decisions we certainly recognize that they put in a lot of work and come to that decision quite knowledgeable my concern and personally is that you know we have a very good model of this in Denver it's a very similar oversight model they have an office of independent monitor and the citizens had to go to the polls and and change the law there because police were stymieing his efforts to to do his job now I don't know if that will happen here but we know it's happened we know that in Denver he has put out recommendations and the police haven't followed it I think there's a belief here that that just won't happen we'll

[104:01] just have to see I'm concerned that the last time this was discussed or in the public hearing that the chief of the interim chief of police felt comfortable saying that his officers were scared scared by this process scared by the oversight when this whole effort is really about getting community comfort with the oversight of the police and I would hope that they would welcome that and that just looking at the incredible work that this task force did that we should all see a model and I think you all do and I appreciate how how much you guys have all really backed this effort there's been so so much support and understanding their hard work that that I really appreciate all of you have have

[105:00] given that and I think our police ultimately I just don't understand how they can be scared of the community they serve asking them to treat that community fairly that's it thank you just have a quick comment I would just make the comment of the observation that changes often scary and so it may be perhaps not a fear of the community so much as a fear of what the process will look like so I think it'll be great work for everyone to do together with the task force to be able to make sure that we get an outcome that really is serving our community and so I just wanted to put out the observation that could be a sphere of change thanks Sam councilman Weaver sorry I also wanted to say that I will be licensed on November 5th and would be happy to provide independent review if you need it of the ethics issue gotta say I got a say in

[106:17] the very beginning that's one of the first times he called me at the 4th I appreciate that because as I've said before I'm not my father and my father's father no my father's father's father I am the fourth so that being said hello City Council nice to see everyone today got a jump in the same bandwagon again and thank everybody that has been a part of this task force thank you thank you miss love as well as thank you it's very amazing to see the work that has been done I haven't been able to follow all the way because timeframes change and with that disabilities show up a little later in the date so not really a good idea to be out that late that being said earliest year the people

[107:00] of the city cried out and demanded change a shift from a draconian escapade of allotting that bpb BPD to handle investigating its own as a DAC Anson Michelle Rodriguez Kelly Clark and I are all examples from this year alone of their failures likewise some of you that sit oppose the opposite of me are allotting this type of part of a loitering this type of behavior in response to this decry 13 members of this community coupled with the assistance from officers an amazing facilitator have created unto us these models I thank everyone involved in this matter that being said we go from April to October to the reason past the sea our leaders axel added acquiescent as pd reps emphasize resistance to full and independent oversight we have already decided as a community that our pd cannot be trusted to investigate themselves nor make those calls we as a

[108:00] community of the scars to back our stance true healing starts when you're independent of the things hurting you so stop getting in the way of our healing pd you have had too much comfort being a helicopter parent without taking the time to listen your community your children the people you protect you serve likewise to members our community we need to work together I know this is difficult right now this is an opportunity for us the traumatized community to work together to start healing I believe in all of you to do what's right thank you for your time and again thank you everyone for your support in this one more person is too much and I say that with my own body thank you Thank You Lynn seagull

[109:04] one single 538 doing after the elk experience I have very little trust of the police in Boulder it's going to be a high bar because I tried to go to the trial and I was thrown out of the trial for asking the air-conditioning to be turned down and I happened to ask the next expert with witness who was the PhD in exercise physiology or something Stan Garnett star witness and I just saw him as an authority figure and I said do you think they could turn the heat down in here you know it was or no the air conditioning it was really cool it was this summer and I can't bring all my warm clothes in the summertime to the courtroom and my panniers won't fit at that much him my bike so I was thrown

[110:02] out and I wanted to watch that trial for a week and I'd already put in a day and a half and so I'm real pissed off it reminds me of Stan Garnett and Jill gray know and Jay Hebb and food house whole thing just makes me real upset all over again and makes me think way back to left for dink cindy remembers him probably the left for dink that you know ripped off the city people the colorado building and then left on his helicopter and escaping with his girlfriend to be picked up later on so i don't have a lot of faith in this community for justice but then i'm from the coast and community policing and restorative justice I've heard talk about it for 30

[111:02] years and it's just a lot of talk and when I try to intervene it all with the police I get really treated badly and I don't appreciate it and so I hope that your police over I think it's gonna work out because as it stands I'm not gonna call the police not my life depended on it in this town not after the next door thing that's some Halloween deal a bench person on 11th or 10th and delwood and you know there's some serious people around this town that I've got some really demented ideas and this is not Halloween thing you know there's serious issues here and I'd like to depend upon my police but not as this dance so good luck thank you

[112:01] okay that's all that's undone okay we're gonna close the public hearing okay I'm gonna make a motion there oh are you I'd be happy to make a motion all right I can find it I move that we I move that we adopt ordinance 83-61 amending Title 2 by adding a new chapter 11 police oversight PRC 1981 pertaining to the composition duties and powers of a new city organization related to civilian oversight of the police second would you like to speak to that I think that this has been a good change a good move I'm extremely grateful to the task

[113:02] force I think they've done such a thorough job in a very short period of time I do trust that our police will be taking up as they should be their end of the bargain here and look forward to seeing the positive change that will be happening in the community and I would just add I think we've taught them in the past but bears repeating just how thankful we are to the task force for all the work they put in and for really I think embodying coming together of the community and really working through the issues in watching you last I guess it was a study was a study session how mindful you were about the differences of opinions even within your group and how you treated might the minority opinion within your

[114:00] recommendations was was really exemplary and eye-opening Sonia I'm very pleased that so many of the task force members are willing to stay on and help with implementation I think that that is a credit to all of you and I appreciate the the way that you are addressing some of these these are tricky issues these are hard issues and you're doing it I think very respectfully with the police department and trying to have a craft something that will work for them as well so that it will actually be embraced and lead to meaningful evolution of racial bias and racial equity in our community so I guess I just salute you I think my understanding is as you guys figure out implementation details that if need be the next council

[115:01] will probably have to amend the ordinance to add in all those details and I also hope that in addition just addressing how complaints are handled that the panel could end up helping to further community engagement and development or the relationship between the community and police by making recommendations of how that might be done beyond just the complaint process but I'm actually enhancing relationships so you I saw Mary and then salmon and errand so never doubt that a small group of thoughtful committed citizens can change the lease process so thank you guys very much for your very hard work and I completely agree with what both Cindy

[116:01] and Suzanne have said your hard work was exemplary and the amount of time in which you did it was just mind-boggling and it was a well selected group of people and a well selected facilitator so thank you very much I just have just a few things to perhaps have you think about as you go through the implementation process and that would be to consider a you know I asked about the the final decision resting with the police chief and I was trying to think of a I do have the it's the appearance of I think a lot of community members

[117:00] may not memorize what the process of the panel looks like and and trust that the outcomes are have been thoroughly vetted so one thing that I would suggest that you consider looking at is to provide the police chief and the auditor monitor with equal standing so in and and what I was thinking about was in the city we have a process by which we approve area plans getting a little wonky here but where the the Planning Board and the City Council have equal say on on voting have to have equal power and and what happens is if one body doesn't agree

[118:00] fully with with the plan then they make some suggestions and it goes to the other body and that goes back and forth until they resolve and so that might be something to consider that kind of of model and then the other thing I wanted to suggest was I mentioned trust and I think it's going to be very important to provide some metric it's probably going to be more qualitative than quantitative so just really have a look at that and then the other thing that might be helpful would be to run the Atkinson case through the process and see where it would end up giving the city model or any of the other cases to see how how it

[119:01] works so those are just some suggestions and thank you once again so I just want us to go back to the weeks after March 1st and realize at that time there was so much deserved community anger about what had occurred and you know sitting here in these chambers on the 18th and hearing that I'm just so grateful that we've gotten to this place so far because it's a huge amount of progress it's obviously been praised for your work and I agree with all of that but I just want to say as an overall community and not just the task force I feel like there have been some very difficult conversations that needed to be had and they have been not completely had but they've been started and this feels like really good place to have arrived that given where we started and given the

[120:02] community anger and frustration and unhappiness and now we're at this place where you have done a whole bunch of work that has got us this great work product now and I'm hopeful that it can continue on as thoroughly and positively because I really do feel like it's moved the community along as as a community and so I know that the conversations will still be tough but that's okay you know the the good work requires tough conversations and so I appreciate you engaging in them look forward to seeing where we're gonna go and thanks for all your work yes so I don't agree with everything that my colleagues have said Sam that was very well put just now and also willing to think that and double-a-c-p for their contributions to this process you know Mary and I sat down with Darren and Jude and a net from

[121:00] the n-double-a-cp to select the task force panelists I think and it was a very productive process although challenging sometimes but I think the the folks on the task force have done an extraordinary job I'm really I hadn't imagined it would the quality of the work would be is so high and so look very much forward to passing this tonight you know we have a like Sam said we've we've come a couple of important steps down a road towards rebuilding and improving trust with the community particularly folks of color and african-americans in the community this is a long journey and this is one step that we're taking tonight I think it's an important one but we have many more steps and you know committed personally to doing what I can to help continue down that path okay well with that okay this is a roll call vote councilmember Carlisle aye Jones aye more so yes

[122:00] bagel aye Weaver all right Yates hye-young yes broken I'm the motion passes unanimously hmm thank you all so much your council priorities update its next okay yeah I'm telling to look in particular at the housing protections which you probably don't understand the demolition but demolition why don't we just follow we know the show so you know we asked Chris

[123:02] about that

[124:01] [Music] that's great yeah said I can do other things we want to get going with this are we waiting for Suzanne I think we could get started yeah okay so CAC and council requested that we end our amazing two-year council session with a discussion of council priorities update

[125:01] and future priorities discussion so turn to the next line so as a result of our conversations in the first retreat that we did in 2018 and the one that we did in January of 2019 we had a number of priorities we've created a slide that shows where we are you've completed most of them bill Cohen did ask me to talk a little bit about the vision zero one we've indicated as complete and of course the truth about the substance of vision zero was that we'll never be complete we're all will always be working on it but we large it as complete because we wanted to finish the transportation master plan and the safety report that we did give to Council so those specific things that we had indicated in the council retreats early on have been completed but we will always be working on vision zero a couple of the items are in progress and

[126:03] in the course of the time that we were working with council we ended up breaking up the community benefit and the youth tables into two different phases but the first phase is in fact complete and then the one item that I think remains on hold I guess I'll say is the large lot homes and lots which was actually added at the retreat in 2019 and so we didn't have a full two years to do that one but I have to say the council rocked it and this two-year period of time and you've completed most of your priorities so if you want to discuss that you can do that and then the next discussion will just be led by the mayor regarding year 2020 suggested priorities so I had one clarification which was I'm not presuming to tell the next council what

[127:01] their priorities are what that was for us to do a handoff of issues that you will inherit and you will do with them what you will but some of these things are already in motion and I wanted to just have a little bit of a community conversation and handoff because yes they're going to land in your left and I some of them are really important in their pending so I think that's more what I wanted to make sure we did so there's a well let's talk about the body of work that we that that's on this slide and then maybe we can talk about some additional things that we also want to make it more of an observation and a recommendation to the next council I think these were great goals and I think a lot of what was accomplished in the last couple years I think we should be very proud of what we've accomplished a couple of the topics and Jane called it a vision zero and I can think of some other things that maybe climate commitment are really ongoing things and

[128:02] I would recommend while I think it's important to keep those front and center vision zero and climate commitment some other things I think it'd be probably helpful for the next council to have distinct measurable achievable concrete goals so we can check the box so I mean climate commitment for example that will be on I'm sad to say that will be something that will probably be on councils agenda for many many many many years and so it'd be nice to break that down into achievable actionable items so that we can look back whoever looks back two years from now or four years four nuns they're right these are the five things we wanted to get down for example climate commitment we got four of them done all five of them done I just think we should be a little bit more actionable or the next council should be a little bit more actionable I think these are these are great things and and I'm really happy with what we got done and there's some other pieces well anyhow I'll tell back in others people want to speak to this okay I'm gonna

[129:04] watch a little bit most of these things were pretty complicated had been on have been ideas for a while and I guess I just want to salute the work that went into crafting them I mean the community benefit piece the site review criteria the use tables I mean that's hard slogging the sort of work and and really really important so and some of those have a phase two that I think is really important and I guess I would urge the next council to get those across the finish line because they're well on their way I am sorry that we didn't get to large homes and lots I think probably that probably needs to be reframed in a way with bite size pizzas pieces pizzas have you wish that can be addressed but

[130:01] I still think that's an issue I also want to I think there's certain issues that we should also make sure to keep the public engaged on and updated on ones that are spanning multiple years I think municipal ization is one of those it's a priority a lot of work is going into it a lot of money's going into it and it's very important and I think the next year and a half I wish it was just the next year but the next couple years are gonna be really important and I think it's a it's incumbent upon the next council to ensure that the community discussion about that happen in a very public in a very inclusive way okay maybe I'll quit talking for a little bit okay I saw

[131:00] Lisa and then Mary Nancy yeah I was I was gonna concur with you Susan that there's been an incredible amount of work not only by Council but by the staff who has supported us and by the community who has followed this and even though we have large homes and large Lots on hold there was an incredible amount of work that our staff put into and I would hope that doesn't go away and that that work was was well done and that maybe it has to be done in different byte chunks or pizzas but I think it's something that there needs to be more of a robust conversation by the community but and and like I said earlier tonight none of these projects get done by just turning a switch on and

[132:01] that they're really complex and that you have multiple players multiple aspects of it that you have to consider before you can go to the next step so anyway I'm good with this I didn't bring up anything in this this regard and not to seek my comments until later I did bring up a issue of indexing so people can more easily and I didn't mean the council members I meant this the community can more easily follow our different topics and follow them sequentially so they know where things are and can easily put their finger on them and find them Mary so I'll confer with Suzanne's assessment and [Music] hopefully it'll be a smooth handoff but I agree with Lisa to a lot of these have

[133:00] taken a long long time but I also think that this is my third counsel and this is probably by far the council that has accomplished the most in my view and also in less than 50 meetings my first feeling yeah my first council we had so we had we had gone over 50 meetings in September and I remember 30 a lot and and I don't remember this level of accomplishment so kudos to this council and to staff who supported all this I mean you guys do the heavy lifting and the amount of creativity in the time frames that would provide it I think was just outstanding so big thanks to staff

[134:01] and I also want to say you know to also to Lisa's point about turning the switch the community benefit project and it's only the phase one but that's been something that I've been advocating for for 12 years so it was very gratifying to see that finally happen and and the site review criteria updates that I have been going to retreat after retreat after retreat until it finally happened so anyway I yeah we'll talk more about the other priorities so I just want to thank staff this is a very planning heavy set of accomplishments that we got which meant that our planning staff had to really prioritize and then take down through the things where Mary has been looking for community benefit and putting that into site plan review I've been very supportive of that

[135:01] I have been wanting to see the use tables and standards have a look at because it's been 20 years since that has last happened and a lot changes in 20 years and so just kudos to staff for that I'm also pleased that we have the middle income downpayment pilot in front of the voters you know they will speak we maybe I could have done the slightly better job at the ballot language phrasing I didn't catch an error I could have but still at all it's there and the substance is there and we will see if the community is willing to let us borrow money to get people into middle-income housing I just want to call out you know the South Boulder Creek flood mitigation project that is gonna land in the next council and then the council after that I mean realistically if you look at both the permitting and the construction time that's gonna push us out you know a

[136:01] couple councils and so the next council will have to look at that project as something that we need to move forward with all due speed but it's a design and engineering project and it's gonna require Army Corps of Engineers EPA the state dam safety engineer you know there's a lot of layers to what is gonna happen and that's helpful to Creek flood mitigation project and there's partners that we don't have direct control of in C dot and Cu and so on so there will have to be some finesse in that one but I think overall staff has really done good this council has done pretty good and you know that's a long list of stuff on that a little bit yeah and I'll just just quickly I'll call out the open space master plan which was a process that I thought went extremely well Mary and I of course

[137:00] served on the subcommittee for many many months and so I thought engagement with community was fantastic on that I'm proud that we all got that done and just just the I think the one that we have made the the less progress that I would like to particulars that self motor Creek flood mitigation and so I think it's really as you say say I'm been coming on the next council to keep that on track and move it forward and get the protection for our residents that they need I want to mention some of the other things I was just gonna mention one more thing and that is that we're finally doing another major sub Community Plan and I came out of the North Boulder sub community plan and I think it's an incredible way to do planning on including the community and really getting a good view and vision for what the community wants in that

[138:01] part in their part of town and so I'm very excited that we have that and it'll be the second sub Community Plan so that's all I went into mentions that I think it's very exciting and that it will be a heavy lift and it'll be really incumbent that we keep and get involved the community so that they're very much involved in what the shaping of their community is going to look like okay so I wanted to launch did you want to respond to that well no no I just realized the one that we haven't mentioned is the housing advisory board which has been a long long held goal and I see actually two members of the housing advisory board out in the audience how you all thanks for all the great work that you've been doing since that board was formed some at least of course there's probably your viewers are very long Thank You Aaron for bringing that up I'm very excited it's it's been seated and it is operating and operating

[139:00] well so thank you so some additional topics not on this list that the new council will inherit that I just wanted to hold up in addition to see you south which of course has an asterisk next to it and a whole annexation issue in our plan balsam but we just saw a piece of the racial equity work we're trying to do and it goes deeper than that and I hope the new council can somehow get immersed in that and because I think that's an important journey Ron as a community as related but different part of that is is that we're in formal tribal consultations with I forget how many tribes a whole bunch of tribes that you thirteen and the tribes are coming back here in the spring and we'll take the next step together but that's important and will involve I think most of Council participated in the last meetings and it was pretty profound

[140:01] moving stuff but I that's something that I think is important and it'll be on the work plan we also found Primus promised the Library Commission that we would have a robust discussion about how to fund the library long term and whether it should be a district or some other mechanism so I think it's important that we honor that another project that's out there ready for attention regardless of how you feel about the particulars but University Hill still needs a catalyst project to help move the commercial district forward and I I would encourage the new council to not again regardless of whether you like the one on the table that needs some good attention and to be moved forward just a couple more things I hope diagonalizing gets some attention

[141:02] and maybe whether it's an area plan or something but I do think that maybe that issue is ripening and we have a chance to move forward the climate mobilization action plan is off to a really great start there were hundreds of people that came to the kickoff and that will be a joyful even though the topic is serious I think there's a lot of energy community around that and the next council will get to participate and adopt that and as part of that one of the hopeful things is the carbon sequestration and piece to that a couple more one that I think could fall through the cracks if are not careful careful but is we can't begin talking about soon enough is the 2020 ballot and we are part of a regional affordable housing strategy and we're in discussions with

[142:03] other municipalities in the county about how to fund that and how the ball was left and the court was that it's likely that we'd want to do something on the 2020 ballot and maybe that wouldn't be connected to transportation or maybe that wouldn't but that's a really important conversation and it always sneaks the ballot always sneaks up on us and I guess anyhow that involves a lot of other players and I hope somehow that the new council will start early in the spring on that line and then at some point oh sorry I have a couple more one is there's a lot of in the municipalities around us in our basically our neighbors there's a lot of new council members there's new councils and we have a tradition of sometimes having dinners or breakfasts with neighboring cities can and I guess I would encourage the new council to

[143:01] embrace that tradition all the more so because there's a lot of turnover out there and there's a chance for new partnerships and new relationships and we just started that with Naropa University restarted it and I think it we started it and you know there's just a lot of great partnerships that could use some fostering but I'm gonna quit talking now but at the end I would like to talk about I guess the other big thing is there's a lot of regional transportation issues that are moving that involve us and that as mayor I was playing a role in that I would like to make sure we hand off but since I feel like I've been talking too long I'm gonna come back to that at the end did other people want to speak Sam get things sent in like other council members did but there are a few things one of the ones I'm gonna call out you

[144:00] just make sure I understand what it is less you says all council bike skateboard areas rules I assume this is like where we can bike on sidewalks and where skate boards can be and I would throw in there there's the related thing about what we're gonna do with these scooters so each scooters we have a moratorium in place but we don't have a set of rules developed yet for them so I would just lump all of those alternative transportation things I really do hope that the next council addresses making the rules clear for where bikes can be and multi-use paths or lanes or on sidewalks so that was one thing and then another thing that is still hanging out there is the electronic signature gathering so that the RFP has been done and I expect the IT department at some point we'll see who got that contract but then you know how long is that process realistically gonna take you

[145:00] know because I know the conversations with the Secretary of State I've been started I know the conversation with the clerk has been started when I've spoken with those two folks they have a pretty high level of concern for data security and so on so I think you know being realistic and highlighting what the likely schedule is is something that should probably come early so that the council can see it and figure out where it fits and the spectrum of things you're mentioning that reminded me that there has been a request by persons who were on the first task force on the voting to put a group into place a public group such as that one to be involved in this process and at the time for some reason I thought they were quite a few nods up here that we would go forward with that and I don't see any harm is there are there any thoughts about doing something like that so that it it's not just staff it's not that we

[146:01] throw it back out to the community to help with that well I mean the question is will it slow it down or speed it up will it get it directed more correctly or less correctly I don't know the answers to those questions if the concern you know I guess for me I want to see who gets the the award and how they're thinking about it you know just an initial conversation where how do they think they can relate to other people who have data that they'll need to interface with and then it might be time to have a conversation about a task force because then you could have something maybe to talk about specifically so I figured the next council which would make that decision [Music] if you need to tailor kind of random thoughts over the last several months so the things that are in the memo are not things that have dozen things that I

[147:00] suggested are not things that I feel super strongly about the next council could take a look at that at the retreat but the one thing I do feel pretty strongly about which is not on my list but I think it's on Mary's I'm sure Mary will have something to say about this as well is is really a deep dive into the budget you know I'm concerned while I think we did a lot of good things and a lot of things well the last year to Ike I am concerned about a few things on our budget one is I I don't think that we're quite holistic enough in our approach to our needs things come along and we want to do them and that's great but we may not look at things across the board the way we should I also worry that we have pressure on revenues we've already started to see that with our sales and use tax which of course is our number one source of funding and I think it's only gonna get worse you know all the all the reports we hear out there is there's gonna be some macro headwinds as well and so I think we may just be seeing the tip of the iceberg so I think that we need to number one

[148:00] prepare for a revenue downturn secondly regardless of whether our revenue it takes a dip I think we need to set the groundwork we're not only the next council but future councils in looking at our expenses in our priorities holistically rather than in silos and and so I would very much like to see that be a priority for the next council maybe it's a other Blue Ribbon Commission maybe it's simply council rolling up its sleeves and looking at things across the board but I think that's probably one of my would be my number one priority for the next council and I will agree with that Bob and I think that deep dive into the budget could also encompass several other things that others have talked about here tonight which one was taking a look at the library finances it could encompass that as well as encompassing

[149:00] the gare work that government Alliance and racial equity work that is going on in the city there's no better way to begin to address equity than to do it through the way the city spends its money and then thirdly the EMS emergency medical services and bringing them into the fold of the city and so those are things that I think could be looked at as part of the deep dive but I agree I think it's critical that we begin to make decisions especially when we approve master plans that we see all the levers all at once so that we're not drawn to the latest shiny object and then at lesser than then optimal consequences so that's that's one that I

[150:01] would hope it gets priority in the next console another one that I hope gets some priority and I I think it has to happen either way because we're leading up to a vote on the municipal utility and I to say this without any kind of bias for one way or the other I think we just need to have a community conversation about it openly and there are many philosophical aspects of it that only the community can have and I think that there are very many factual pieces of it too that need to be everybody needs to be clear on so I hope we can do that and then the other thing that I will bring up at the retreat and see if folks want to at least take a look at and that is ranked choice voting ranked choice voting oh I've been very concerned with

[151:04] this year being the second time that the appearance of the slate phenomenon happens and I I fear that what it does is it pulls us sideways instead of forwards and and I would like to take a look at this ranked choice voting as perhaps a way to help us move forward a little better than being pulled sideways every other year so that's all I have so I will jump on board with the budget discussion I would love to see a deeper dive into that because I hoping maybe we can figure out some funding for then as Mary said and I was going to discuss was bringing our ALS which are advanced life support into our fire services just so

[152:03] we can join the Front Range Community and what everyone is currently doing and we're gonna need from my understanding although I don't think we had the numbers ever but it sounds like we're gonna need some money for that and then finally I'd really like to make sure because I think our police master plan is coming out just to make sure that we're gonna have room in the budget to fund and support our officers because you know I think the work I think there can be a lot of frustration in our community with some of the behaviors and I think we're trying to rectify that but I do think that our police force is something that needs to stay robust and we need well-trained well informed officers to help keep the Public Safety intact I think that's one of our highest you know priorities here so I just want to make sure that we have enough money to be able to provide what what they're going to request when that master plan comes

[153:01] out so oh and then the other thing I'd like to look at and I'll bring it up during the retreat is that you know we do tend to get these shiny objects as Mary said every once in a while that tend to kind of throw off our schedule so maybe we can look into building every quarter like leaving a hold space for any surprises like the vaping issue that was really important to address but came out of you know nowhere perceivably and so every quarter that we kind of have a space built in for that shiny that we'll need to address so something along those lines just a couple more thoughts just I know we talked about with transportation that vision zero is an ongoing project right now we've got our transportation master plan that which we have complexed which is great and we've started we've done a lot of great work on vision zero but I just want to make sure that we continue to stay focused on those important transportation and transportation safety issues as well as on the regional transportation things which sins could talk about a little more here in a minute and so those those

[154:01] are those are critical it I just want to bring it so a lot of the planning work that we've done this year has been focused on you know say making sure we we don't get things that we're concerned about but I just I hope that the the new council will also take a look at how we might tweak our policies so that we get so we get some of the additional sort of housing in places like diagonal Plaza like Suzanne mentioned you know in kind of walkable mixed-use kind of neighborhoods because I think we do have a critical need for housing with an emphasis on affordability so I'd love to see us undertake some things that would help us get some more that critically need things but well throwing a lot of important initiatives but remember I like what you said about the holding place for things that come up because I think sometimes we can with our ambitions we can take on too large a list of priorities and we end up exhausting staff exhausting ourselves and exhausting the community it makes it

[155:00] hard to keep up so I think the pace has been better this year that has been in some other years but but I think I just like to offer a word of recommendation to maybe you know focus in maybe a little bit more Lisa and Sam so um I appreciate the reserve for the little quarterly hold but a couple years ago Bob and I we did the retreat committee and trying to for two years in a row and in each one of those we tried to schedule extra time for bright shiny objects but what happens is that our schedule gets completely full and so you will have to be very disciplined and not take on so much at the beginning in order to keep that reserve with regard to diagonal Plaza I would love to see that done and again if it was easy it would have been done and in fact back in

[156:01] the mid 90s many of us wanted to see that redeveloped we even had the city do an appraisal in terms of how much that property was worth there's multiple ownerships on that property and it's private property so for us to kind of push it would require a condemnation and in all my years and being on council I only know of one condemnation and that was for somebody building a house on open space and so there it's not such an easy thing to do but I do bid you well in trying to get that done and I will just remind everyone that the Rocky Mountain Greenway is idea that is in effect that starts from dia and goes through all the national

[157:01] refuges and then comes up through Boulder and then eventually to Rocky Mountain National Park and so from my perspective they're working on you know the refuges but where will be our next biggest step will be going from North Boulder all the way up to Lyons and identifying a pathway a safe pathway forward on the east side of 36 and then I people are bringing up the EMS people and I have no problem in bringing them in-house but I I would I would not be true to myself and to custodians who have worked for the city that while we have brought them up to a self-sufficient C wage we still do not have them receiving the same benefits that all of our other employees receive and those benefits are incredible and as

[158:01] Mary said maybe the best way to look at racial equity is to be looking at our budget Sarah I just wanted to tag on to the budget agree with wanting to do a deeper dive into that it's a complicated subject and I'm afraid that Bob is right about headwinds coming our way so all the more reason to do it then I guess I would say that I thought this council started out doing pretty darn good with our scheduling we were finishing 30 and you know and it seemed to me that we were getting our work done but as you can see with the ambition a lot of this stuff took longer than we were hoping it would and so it all stacked up at the end and then at the end our meetings were you know as efficient we were getting out of after midnight and we're having to do more special meetings so it's completely understandable the way it happens it's just a question of will we be able to do

[159:02] something intentional and purposeful to change that and I think it's really hard because this community has a lot of bright shiny objects and there's a lot of really motivated people around a bunch of different causes and so something comes up like the parkland shooting and all of a sudden we're talking about salt weapons and that just hadn't come up before and you know we date up like a month of time to be able to do that so I it's well worth trying again because I thought it started out well a year ago but we ended up partly because of things which came up I think we ended up slowed down a little more but I do agree on we should put the budget like near the top of the list enough people of the name bit that it you know the new council I expect that will come up near the top and store the other things underneath I would just like to say one thing about

[160:00] the budget and that's that you look at subsidies wherever they may exist throughout because there are lots of them in there there's lots of duplication in different areas and so there are ways I think there's a lot in there that can be saved and can be used as things may may flatten in the future great council has a lot to do and that's before they bring their own priorities I would like to if we were kind of done with that I would like to turn everybody's attention to something I put on hot nine right before the meeting which I also print it out for all of you and it just it's the regional transportation work and as a mayor unless you change it and you may very well want to do that the mayor ends up serving on several regional bodies and so handing that off but these bodies are

[161:00] doing really important work and I just want to make sure everybody's aware of them so when you figure out who picks up the slack or not split the slack but who takes the baton that everybody knows what's involved and a couple of the they meet monthly some of them and they will meet before the next council decides who serves so just real quickly there's us 36 mayor's in commissioners coalition it is kind of our go-to that's all of the mayors and commissioners around the Northwest region and this is where we do the primary work of fighting for dollars at the federal level the state level and working on state legislation and this is a group that got us the us 36 managed lanes so they do meet regionally I'm sorry monthly I'm going to one more meeting on the seventh but and if anybody wants to come with me just to get a sense that would be great but then there's I've listed them here

[162:00] the next meetings coming up this group also meets quarterly with RTD and there's a lot of business with RTD you know that cutting service because they can't get labor it's it's sort of an ongoing struggle with them and but maintaining really strong relationships and communications is key so I guess I hope somebody can step into that before you make assignments there's also to read road specific coalition's one of them's highway 7 coalition and the other one's highway Knight 119 those are two other major arterial priorities we are working very closely so on highway 7 that goes all the way to Brighton that involves multiple counties and the work there is to get that to get that arterial recognized at the state level and then to get funding for it and so

[163:02] that only meets quarterly so that one's not gonna meet again to the end of January but the other big one the 119 is the rapist and that kind of the next priority and that's a smaller coalition and it's mostly Boulder Longmont in Boulder County and that one's meeting monthly and the next one's on the 25th we are that project is been studied it's been it's ready to be implemented in be implemented in segments so right now we're talking with the cidade about getting some of the money that used to be on the books from them as seed money to leverage additional funding so that's a foot an extra next to that one and it may be that Aaron since you have been busy fighting for that money at doctor cog that maybe not to suggest but maybe you wanted to step right into that one like a fumble on the next cancel I'm definitely interested in the 119 coalition okay pending whoever whatever colleagues are on there and then the last thing I'll

[164:03] just mention is the Metro mayor's caucus I loved obviously only the mayor gets to go to that it is the 40 mayor's in the whole metro region transportation is a key issue that's discussed there regularly as its housing and homelessness that one is less focused on our issues but it's kind of our way of interacting with the larger metro region out there and they're important relationships so whoever ends up being mayor I if we want to have a larger influence this is one of the ways to do that and I ended up serving on the XCOM that's another way to do that too if whoever serves next so I'm just gonna highlight this I think we get one of the reasons we punch above our weight is because we are out there with relationships making stuff happen we have a delegation that's leading the state legislature we have a governor that comes from Boulder this is a really good time for us to help move climate

[165:03] action forward multimodal transportation for all those things but a lot of it happens based on relationships that span a number of years so I guess if you guys want to break some of this work up I think that's great but there's a lot of strategy that happens in between meetings with staff and with the county and with other municipalities that are our allies so it just it's a whole body of work and over the arc of the council or a couple councils a lot can be done if if we maintain those relationships so that's my spiel I would urge I don't know any sons I think people should sign up to take some of these meetings on before the next council and maybe you guys can do that November 19th when you all read up but I wouldn't just let these fall through the cracks and you've probably heard that

[166:04] Kathleen Rocky is you know maybe even the city to go to the county the good news there is we're not losing her cuz Sheila but they're you know all the more reason for council to step up and help because you know there's some turnover yes yeah well then like I said at the very beginning of the meeting thank you for all of your service on these things and a phenomenal job and we owe you a lot gratitudes a lot of time you've also done a great job on it so thanks for highlighting this I mean obviously we have to see what happens in the election who's around but I think you can rest assured that our verse around will make sure that these get filled and dealt with in consultation with our expert here and there are you available for an extra meeting or two if necessary sure yeah hello I'm gonna go skiing a lot I also want to say that all this pairs

[167:00] really well with all the work did I did already say this with that you're doing a dr. cog and that's been key that's where we get our regional funding so back at you okay anything else we have one more item I guess a brief update on VI Inc so I'm gonna start out with this at the council agenda committee yesterday the CAC requested that Karl Castile and I follow up with the owner of bi Inc and Carl and I had about an hour long conversation with him today to clarify issues with the eye sap program so the ice hat program is the program that VI runs under contract with the Department of Homeland Security and

[168:00] this is a program that was that began probably officially in 2004 but the ideas for it began in the late 90s when when it was learned in the late 90s that people that were in the community and we're supposed to show up for court were doing it at a rate of only 11% and they wanted to improve that percentage and so over time programs developed that have people that are not detained in a Correctional Facility but allowed to be in the community have our monitor through GPS and the show up rate for court and for complying with court orders improved from 11% to like 90 percent so a very effective program the

[169:03] Department of Homeland Security is the authorizing I guess I'll say for this program and they direct what it will look like including the kind of training that they want the people that do the on the on the ground hands on work to have be I is the sole contractor currently for the ISAT program there are 54 facilities throughout the United States where persons receive the GPS monitoring all of the employees who deliver that sir are trained at bi here in Boulder they go through a two-week training program they are qualified in that 96% of them are bilingual they all have a

[170:00] bachelor's degree many of them have a master's degree many of them in fact most of them are have two years of experience as case managers in probationary type programs they come to VI for 2 weeks of training on the equipment and on the procedures and on humane treatment of people then they are super rised out in the field by project managers out in the field and there's a whole kind of system because it's an organization of supervisors and reviews and things like that that occur the way that it was described to me by mister Waldo and the training supervisor that we also talked with today makes it sound like they've done everything they can to make the program as humane as possible as well trained as possible as good as

[171:01] possible under the guidance of the Department of Homeland Security so taking a look at the 12 issues that our community activists raised with bi in August there are several of them that are not within the control of bi and so those are in the control of ice or other management some of them are issues like these ankle monitors that are too tight tight beeping ankle monitors low battery alerts ice app officers who are bullies ice app officers who treat transgender people inappropriately and the grievance process does not protect people from Italian in my conversations with mr. Waldo what he said is that well there are always gonna be in which an ankle monitor is too tight

[172:01] or it's beeping the person that is subject to that can always go in and talk to their case manager and have things fixed and that those people are well trained to do that that complaints about ice app officers who are bullies he believes are one-offs and that they are very well trained to be great case managers in fact there's a program in which therapeutic wraparound services are being provided to some members of the community that are being monitored the transgender situation they have added LGBTQ training to their training manual and they got approval from the Department of Homeland Security to do that and and in order to change anything on their training program they have to get approval of the Department of Homeland Security so my sense of it

[173:01] is that they are trying very hard and that there are always because people are involved there are always situations in which some people do not act well and they seem to me to say that they are supervising that and trying to stop that at the end of the conversation I asked mister Waldo if he would nevertheless agree to meet with two members of our community two members of council and their folks and he said that he needs to ask his next level of management if that is acceptable because so far he has been told the debt should not occur so that's what I know Judy so I thought part of the concern of our the community activists here was the affiliation with geo and the involvement with that yes so

[174:03] geo geo was essentially I think owner of BI so so they are part of the upper-level geo bi our Boulder corporation from my understanding has no influence over its owner geo it can't make geo do anything and that the thing that mr. Waldo says and I think it's true is that the Department of Homeland Security has rules that must be followed and while we all may disagree with those rules and with the policies that these corporations are not in a position to change those policies our representatives at the federal level are the ones that we would need to appeal to to change the policies of the Department of Homeland Security so so I was saw

[175:01] last Thursday night show on PBS I think it's John fruga who's one of the station managers who reported on the detention center in Denver and I have to say it was pretty horrific it was really horrific and anything that the City Council can do in terms of talking to our federal persons I would think would be helpful to try and put a stop to or at least improve the situation's of the people who are detained and the manner in which they are detained and I would recommend everyone take a look at that it's not fun not pretty but it's certainly informative I have aaronandsam yeah thank you for that Cindy said Jen I appreciate you taking the time and talking to mr. Walden so it's good to

[176:00] get some additional information I think we should continue to press for the the meeting aside I know that it sounds like they're working to address some of these issues but I know that the citizen activists have some real specific items in there and perhaps with some kind of facilitations and council members you know we could help get the specifics of those messages across and maybe there's some some additional things that they could do in terms of their practices so I'd like to for us to continue to encourage that to happen Sam pretty much the same I you know I read that we got back from the attorney and as well the stuff that we've heard from activists and it seems to me like there's room for exchange in here I've been reading quite a bit about the detention facilities as well and I don't know exactly how I SEP relates to the bigger picture of detention facilities but they're pretty pretty unpleasant and

[177:00] so it's worth the conversation to continue I if they choose not to I mean Tom I had a question for you you know are we allowed to do a resolution it's non-binding right so if we did a resolution all we'd be doing is making a statement of the sense of council yeah and so there seemed to be some pretty stiff resistance by the attorney for bi that we couldn't do that that it was governmental inappropriate yeah he's wrong okay that's kind of what I thought so it does seem like we if we can't make any more progress we can do kind of the last thing that we're allowed to do which is to put out a resolution expressing the will of counsel so so one thing I do want to clarify is that my understanding is that bi is not related to the different detention facilities the program that they operate this is a program is for

[178:02] persons who are not detained persons who are in the community and they're provided with ankle monitors or they also have a smartphone app that and lieu of that so that they will get messages to show up at court and stuff like that so so what happens at the detention facility I think is distinct from this particular program run by the boulder company okay well I said there was Bob and then Mary Jane did mr. Waldo say when he would get back to you on on whether he had permission to have a follow-up meeting he said that he had contact I have made another request to the supervisor and will let me know as soon as he hears back so I think that if we

[179:04] can get that meeting it would be helpful to better understand things like one of the things that you mentioned Jane was that when one of the or the issues that were brought up by the community was that there's beeping or the ankle monitors are too tight and you said they're always welcome to go to their case managers and it seems to me that if that happens in the evening you probably couldn't get there until the next day so that's that's pretty harsh so I don't know if it would be within there that would be a question to ask is it in your purview to change that policy to be able to get attention to that situation immediately so that somebody doesn't have to go through the night with that so so those are the things that may be within their capacity to change so it

[180:00] would be worthwhile to sit down with them and just have a conversation and ask more questions and and just be so helpful about it right so so I know that mr. Waldo would gladly meet with any of you and I think you could get your questions answered there I mean Carl and I try to ask every question that we could think of and yeah we didn't think of that one we were asking questions more about the training manual and stuff so I don't know if you want to do that or not but I would suggest that rather than me being a go-between and not thinking question you wouldn't want to ask no that's right and I think I think that the ultimate situation would be to have council members and community members there and so that I think that would be the best case and will hold out for that

[181:01] at least I would like to hold out for that and see if we can get there if not then we take our next steps does this council - we just want to wait in here do we want to set F a then B kind of things in place make a suggestion the next council meeting is the 19th of November I would think that that would be an adequate amount of time for mr. wall to get back to Jane about the about the meeting so I might suggest that CAC put this on as a discussion point again on the 19th of November and we'll even have a yes or no and you know I guess would interpret silence as a no so just so I'm understanding that the lacked last act of this council on the 19th or the act of the first act of the new council protected the new council protected the new council and it wouldn't necessarily be a resolution it would just be getting you know general obviously let us know as soon as you hear us and there may be some activity before then but if there hasn't been any

[182:01] activity before then I think maybe the new council can take that up and say geez we haven't heard back or we heard Beca disappointing answer in to Mary's point you know let's hold out first for meeting with community members and council members and if that is not forthcoming three weeks seems to me more than enough time then the next council as one of its first acts can talk about what the next steps are well and if they do say yes the first act could be to nominate to member not my two members and get going I was gonna say if we hear back before then we could go ahead and nominate you people know well I was just gonna ask that we could that we would go ahead though and make some move with our legislative person to move towards some kind of even though it's in another city the detention center that we try to move forward with registering our I can't even think of

[183:01] the word can I just well you're thinking because we actually have a meeting the legislative committee tomorrow so we can make sure that this is high up on our legislative agenda that would be greater federal represented well I also think that this is something that we could involve our congressional delegation and yep and I'm imagining it might be amenable to yeah well can we get that honor let that breakfast and just get it on the agenda for indistinct yes we can though the legislative breakfast I think it's only our state legislators as opposed to our federal legislators I was gonna say next time we see Jonah goose we will let us make a point of asking me okay and we'll talk about it tomorrow at the legislative agenda we want to just leave it be as is and CAC we'll see if anything happens they try to tee it up for the next council then does that feel do we want to leave it there do we want to people

[184:07] mr. Waldo does come forward that we're already there and we set up a personal committee and only if two of Mirabai Sam and Mary are willing cuz I think you're the only ones that we know for sure around for long enough works for me I was yeah I think any one of the any two of the three of you would be great yeah you just wait to rehear back Mary and then one of us come along with you that works that's right okay let's leave that there we have reached the end of our meeting you begin to hurt County I know that Council I'm gonna call it a wrap I'm gonna call it a wrap

[185:01] just say cheering that's the Lisa that we didn't know but we didn't well I'm taking over after all we're kind of interchangeable to a lot of people's eyes but I just want to thank Cindy and Suzanne and Lisa for their service and how much I enjoyed working with you all in this council and good luck and best wishes to you yeah absolutely thank you enjoy those Tuesday nights yeah and the special thank you to Susan for being our mayor for the last four years and hurting this group of cats on a weekly basis it's a it's a tough task you've done it very well yeah very cool kids all right oh really and I'll just say as this being my first Council and the way that

[186:01] everyone spoke about this kind of been my favorite council I'm a little scared moving forward having seen previous councils as well just from a citizen standpoint I think I was very young spoiled and so I do hope the new council can take this council's lead and have the respect and courtesy even if we disagree that we can work together because it's been an honor to work with all of you and thank you for your service and thanks for helping guide Boulder and thanks for helping mentor the newbies yes just thank you again Lisa thank you again Cindy thank you again Suzanne Suzanne I'm done running meetings [Applause]

[187:01] [Music]