June 16, 2020 — City Council Regular Meeting

Transcript

Captions from City of Boulder YouTube recording.

[0:00] The Boulder City Council Debbie what you call the roll. Council member bracket. Present friend. Here. Joseph Nagel But like here. While like Yeah. Weaver Here. Thanks. Brother young Present. There we have a forum. And again, thank you very much. So one thing we need to do to begin the meeting is to amend the agenda. item that we need to add is Item six, eight which is calling special meetings for July 28 which is a steady session, we're going to turn into a special meeting to hear a call up and August 11 so if I could get emotion to add items say Hello. Jackson.

[1:00] Very good. Anyone have any objections to adding this if not say that that passes unanimously. Thank you all very much will add I'm succeed on the next item is declaration in recognition of june team and COUNCILMEMBER young is going to give that Thank you, Sam. So we all see my background, the title of that background is lucha which means the struggle. And it is to honor Dhaka recipients. And in this case, though, I just wanted to mention that the same forces at play in the United States. That have managed to keep minorities, but especially African Americans and indigenous people in the margins have been at play in Latin America as well. The context is a little different, as most Latin American countries have developed misty so national identity, but it's still there.

[2:04] And members of the African American diaspora and Mexico. For example, did not get recognition until this year census so Latinos need to engage In self reflection on the ways anti blackness shows up in our families and communities so that we're not conflicting. So with that, I will start out With observing Juneteenth Independence Day June 19 1865 the day on which slavery finally came to an end in the United States. President Abraham Lincoln's Emancipation Proclamation issued on January 1 1863 1863 yet news of the end of slavery did not reach the frontier areas of the United States and in particular the south western states for two and a half years.

[3:05] On June 19 1865 Union soldiers that by Major General Gordon Granger arrived in Galveston, Texas with the news that civil war had ended, and that the enslaved were free As such, African Americans who had been slaves in the southwest celebrated to 19 commonly known as Juneteenth Independence Day as inspiration and encouragement for future generations. For more than 145 years African Americans, particularly those from the southwest continue that tradition of observing June Juneteenth Independence Day. Celebrations across the United States are held to honor African American freedom while encouraging self development and respect for all cultures. Today, the faith and strength of character demonstrated by former slaves and their descendants remained an example for all people of the United States, regardless of background, religion or race.

[4:09] The late Lula Briggs Galloway of Saginaw Michigan author social activist curator of African American history was the originator of the interim Juneteenth creative culture Center and Museum in Saginaw Michigan. Galloway successfully work to bring national recognition to Juneteenth Independence Day and encouraged the United States Senate and the United States House of Representatives to pass a resolution in 1997 in honor of that day. The city council of the city of Boulder, Colorado acknowledges the historical significance of Juneteenth Independence Day to the United States. Supports the continued nationwide celebration of Juneteenth Independence Day to provide an opportunity for the people of the United States. To learn more about the past and to better understand the experiences that have shaped the United States.

[5:14] recognizes that the observance of the end of slavery is a part of the history and heritage of the United States. And encourages people to join communities of color in celebration and solidarity and urging our residents to actively raise their own awareness of the significance of this celebration in African American history and in the heritage heritage of our nation and city. Great, thank you Mary for that. Much appreciated. Next on our agenda, we would normally have open comment but we're going to have Sarah Huntley jump in here and give an explanation for the meeting process because this is a new format. And we want to make sure that everybody gets a short tutorial. So Sarah, if you're ready.

[6:07] Thank you, Sam Good evening council and members of the community who are listening in to this meeting tonight. My name is Sarah Huntley, I'm the director of communication and engagement. At first I want to apologize because it was like we had an email glitch. When the clerk's office sent out the link to everybody who has signed up to speak. It looks like most folks are coming into the meeting now. So we're glad you're here and we apologize for the issue. I'm not sure if it went to spam, but we will troubleshoot it for the next time we have quite a few people signed up to speak tonight. We have 19 people on our open comment, which is a reminder is for anything that's not on the agenda. And then we have I believe it is nearly 50 people 46 people signed up to talk about the CU South South Boulder Creek flood mitigation discussion item. So the way this is going to work tonight is you're in webinar. So if you're a member of the community. You are available.

[7:05] To You will be allowed to speak at the time that we are in the public participation portions of this meeting. So if you're signed up for open comment. We will open up your microphones, one by one, for you to give audio testimony to Council when we call on your name. The mayor will call on the person who's up next to speak as well as two people down the list, just so you can kind of queue up virtually just as you would in the live Council meeting. Before you can unmute we need to switch you over to being allowed to speak so usually takes a second or two. So we'd asked for your patience. Then. Likewise, when we get to the public hearing. We will also run down the list of names. The clerk's office has posted. Both of these lists on the Council documents web page. If you just want peace of mind to know that you're on the list, you can go and look and see who else is on the list this evening. We're also going to use the Q AMP a box for you to be able to reach me as the zoom host moderator, in case you have technical questions.

[8:02] Or not really sure when it's going to be your turn to speak. I may be able to help you because it's very hard to see where you are in the queue in this particular format. We do have a few Council rules that we have put into place Council has adopted and I'm going to just quickly go over those by sharing my screen, bear with me for one moment please. Wrong screen. Okay, so we have learned in, zoom, there's almost always some technical thing that happens. So the rule slides are not pulling up here for me tonight. So I'm just going to quickly go through the Rules verbally, if I could. So I'm not taking up more time for the meeting.

[9:02] This meeting has been called to conduct the business of the city of Boulder. So activities that disrupt delay or otherwise interfere with the meeting. are prohibited. We're going to have limited time for speaking and asking questions. I just went over that we did require people to sign up And you're able to see this meeting tonight because you got a link to be able to watch it if you're only observing and you're not signed up to speak, we really ask that you watch this on Channel eight On the city website or on the YouTube channel for Council meetings because we are broadcasting live Each person needs to register to speak, using their real name because we required registration. That shouldn't be a problem seemed name. No video will be permitted except for city officials employees and invited speakers presenters. So you will be testifying through audio when it comes turn, your turn to speak. The person presiding at this meeting shall enforce these rules by muting anyone who violates any rule. As I said, we're going to use the Q AMP a box for technical purposes and questions only please do not write your opinion about the issues that are being discussed. We don't want to create another record panelists are not looking at the Q AMP a

[10:09] And it is not equitable to people who are calling in on the phone because they don't get to see those comments, so we're not going to use any of the tools that are in zoom for commentary. We're going to use verbal testimony for commentary And then only the host and individuals designated by the host will be permitted to share their screen during this meeting. Apologize again that I couldn't get the slide to play up show up on the screen. But I think that covers the rules that we have this evening and I think Sam, you can go ahead. We do have a couple questions. People who have questions about why your banner says June 19 instead of june 16 so I think I'll just refer to The declaration that Meri jaan just talked about, about Juneteenth day the June 19 1865 is in honor of Juneteenth the meeting today obviously is June 16 so I thought I would just clarify that because a few people were puzzled and maybe they missed the declaration.

[11:03] Okay. Very good. Thank you, Sarah, and thanks for everyone in the public for the forbearance with our Technical issues as we work through the investments we've had to make. So now we're moving on to open comments and The people we have. So the second column managers, subtract and she has withdrawn. So our first three folks will be Todd Conklin jr Sofia pelecanos and Shawn Ray So likewise, and we'll start with Todd at Europe. Please bear with me while I find Todd in the queue here. Okay, Todd. You're queued up, you may need to unmute Okay, can you hear me. We can then Okay. My name is Todd Conklin and I'm a member of the police oversight Task Force, the recent events that have taken place across this country.

[12:01] Show that every city and state must do everything within their power to reform their police departments. The police oversight Task Force has been working to build oversight institutions that will ensure equality and justice. And though we continue forward with our work as minorities as community members. And as those fortunate enough to be at the center. Of police reform in this city. We know that many more steps need to be taken in order to reform the boulder police department. We have arrived at a unique moment in the history of this country reforms that were once regarded as impossible are now well within our grasp. The people of this country. The people of this community are all united and calling for transformative change and policing. Currently, the scope of the task force has been focused on creating oversight institutions for the boulder police department. But these efforts alone will not ensure justice in this community. We are proud of our work, but much deeper reforms must be accomplished.

[13:01] Because of that realization. We as a task force request that city council expand the mandate of this task force so that we may pursue broader reforms that will ensure justice, equality and safety in this community. The Community must have a voice and pursuing these reforms and this task force is made up of highly dedicated community members who have worked successfully for over a year to bring change to this community. If council does a sent to expanding the mandate of this task force we will create a strategic plan to bring transformative reform in a moment when it is needed most. We stand ready to accomplish this task, and we hope to have the support of this Council as we move towards a brighter future. One that ensures justice for those who are tired of waiting for it. Thank you. Have a question. Yeah, I'm Todd. What is your thinking around giving that task to the oversight board who will also have policy recommendations.

[14:07] Yes. So thank you for your question. And what we've been discussing as a task forces that Our current work revolves around, you know, where reforming the internal investigation procedure of the boulder police department right now and we've been doing that for the past year. And we're creating a community oversight. You know he can have a voice in the way that they're policed in this city and seeing the events that have taken place across this country we feel That there is a need for broader reform and so far those conversations among Task Force members, we've been talking about things like We need to look into the use of no Knock Warrants we need to, you know, looking to use of force reviews and things along those lines. And we feel that sense because we have Been working on these issues for so long that we could lend a hand and assisting with them and some of my other Task Force colleagues will be speaking tonight as well. Thank you, Todd. Sure. Thank you.

[15:01] Yes. Next we have in Serbia pelecanos Shawn Ray pass a lot and Shannon page Kimmy Sofia Europe. Okay, Sophia, you're in the queue. Great, thank you. Hello, my name is Sophia pelecanos I'm a part of the police oversight task force along pod and Shawn Ray, who are here with me as well. I just wanted to do a quick acknowledgement that we are on occupied land and I honor the people who rightfully belong to this land. So part of why I wanted to come up here today was to talk about, you know, things that greatly affect our community friends of mine, people that we should care deeply about who have been asking

[16:07] Saying loudly screaming that they would like safety in our community and they would like to feel valued. So I'm gonna tell you a short story of something that happened to me yesterday I went into the grocery store. On my way out there was a person there who's keeping track of sanitation, as well as the counter people in the in the store. They stopped a black couple that was coming into the store and ask them to wait out of the way. While I accident, this was such a shocking event for Both the couple and myself, who were involved. It reminded me of how we perpetuate white privilege and bolder on a regular basis. Why am I bringing the story up right now because the police also have these biases that they live out every day. But the problem is they also have power, authority and carry lethal weapons, I support police training, which is really popular thing to support because it's not politically.

[17:06] Challenging in any way. But I also support removing police from situations that black and brown communities could benefit from other community safety programs and specialists. And also support police carrying less weapons, I support police having less authority and power to uphold whiteness. So for all these reasons, I also asked that the oversight task force be given a new mandate which allows us to help the boulder police with police reform. Thank you. Sophia rehab Shawn Ray Shannon page and RG Boyle Shawn Ray your On your queued up Wonderful. Thank you. So I want to begin I'm Shawn Ray Hustler club. Personally, I'm exhausted. I've been fighting for decades. I've been fighting every day for the last three weeks I'm mourning the loss of black lives, especially the black people who've been killed by police, since the beginning of 2020

[18:10] I would like to read a statement from a boulder community members Sarah farty Who sent in a letter stating your council I'm writing to discuss police reform in Boulder following last week's discussion. I do not believe a strong argument can be made that the police are in service of Community Safety, at least not The whole black, brown and low income community as representatives of the city. It is your job to know that it is not about your person about you personally And to inform yourself about the inequities that affect us and listen to the lived experiences and needs of your neighbors, we are speaking We want to immediate changes. We want to play the police budget lessons and funding reallocated to housing and Human Services to programs that support the whole community, such as libraries.

[19:00] Social where feller mental health nonprofits that care for the most vulnerable amongst us. We want trained non armed professionals to take all non criminal calls Because according to the police chief of Boulder a police officer cannot go to these calls unarmed. If so, why should they go at all. San Francisco and Los Angeles has made a commitment to this, can you If you think that you're not that these issues are not within our community, you are wrong. We have a culture of intellectualizing manipulating data to mass, the impact of these experiences. Some areas of an equity that immediately come to mind include the camping ban limit on housing occupants and environmentalism, that feels to be intersection boulders, not a utopia boulder is not exempt please pull funding that is needed for these communities away from the police sincerely and insistently Sarah farty And as a member of the task force I read that statement because I want to elevate the community voices and urge you to do whatever you can to extend the task force band aid as well as do what's right by all the members.

[20:12] Next we have Shannon page Kimmy RG boil and Rafi mercury Shannon Am I'm not seeing Shannon page Kenny in the meeting, we do have to call in and it's just phone number. So it's difficult for me to ascertain who those folks are. Do you mind if I just take a moment to get their names, so we make sure they're not one of our speakers. No, that's fine. Okay. Okay, I have a holler at Get your name, please. Robert, sure. Thank you, Robert. Will queue up in the list to speak. When is your turn. You know what number I'll have to get back to you on that. Thank you.

[21:00] Hey, I have a 72056 to 8029, can I get your name, please. 17205628029: If you're calling into the meeting from seven to Five, six to eight, zero to nine, I need your name, please. 17205628029: Okay. stepped away from their phone. So we will move on, Shannon. If you do find your way into the meeting will call on you later. So we have RG Boyle rocky mercury and Paul Coleman RJ Europe. I have a Becky Boyle. I'm going to assume that that's RJ boil your queued up to speak. Can you hear me. Yes, thanks. I'm here to expand on email I sent regarding the reallocation of the city budget from the BP deed and needed programs like affordable housing. Over the past month. Our country has experienced unrest due to the deaths of George Floyd Briana Taylor and Ahmad Aubrey

[22:01] These tragedies of cast light on the racist structures that shape our daily lives and the policies. That govern us. For this reason, I requested builder look into its own exclusive structures and actually live up to the promise. Mystery it's included in his response to my email. Which was to make boulder a quote safe open welcoming and equitable community for every single person. I asked the boulder not only reform but defund the PD and allocate those funds to social programs like housing and Human Services. Folders problems with exclusion are deeply tied to its housing policies as. Same with past and current proposed occupancy reform ballot measures. Like bedrooms are for people steps have been taken to address this, but we have to do more to combat boulders history of exclusionary zoning practices. That continue to this day, especially as coven 19 puts our most vulnerable communities at risk of eviction in addition to infection. Change does not end with defunding the PD and reforming housing policies. This should city should be doing more to support The bypass own businesses and arts in an attempt personal attempt to support Black owned businesses in the city.

[23:02] I found a crowdsource List of 35 businesses and the boulder Lafayette and lewisville area. Our community should expand its opportunities for such businesses to thrive in Boulder. I know that the pandemic and protests have made people yearn for, quote, going back to normal. This is actually my greatest fear. I do not want to go back to normal. I want us to take this moment and be permanently and wonderfully better I want boulder to actually be an open, inclusive and equitable city. Thank you. Becky. Next is rocky mercury Paul Coleman and Patrick Murphy Rafi Thank you, Sam. Hi, my name is Rafi mercury and I'm the chair of the Boulder County Democratic Party last week our Executive Committee passed a resolution and support of placing the bedrooms are for people initiative onto the 2020 older municipal ballot. So because of the coven 19 pandemic or Colorado Department of Public Health and environment has advised eliminating unnecessary and interpersonal interactions.

[24:00] We have learned from other states that conducting in person election activities can promote the spread of this deadly disease. We also know that the right to amend our municipal charters are right, the boulder voters are entitled to under state and local law. And as all of you know this process of getting a charter amendment on the ballot can be done in two ways. One City Council can refer the measure to the ballot to allow voters to decide. Or two citizens can draft an amendment and have it approved by the city clerk and circulated petition to gather the required number of signatures. In the past few months, Boulder City Council's decided not to refer this measure to the 2020 ballot and Boulder City Council has decided not to give petitioners An alternative to in person petition gathering. So in effect, this body has for citizens of Boulder to decide between risking their health. And the health of others. Or for going their constitutional right to participate and direct democracy. Older Democrats can plainly see that your decisions have put political expediency before public health and citizens right to participate in direct democracy.

[25:02] Because we see this initiative as a critical step in securing housing for thousands of current and future boulder rights is the opinion of the Boulder County Democratic Party that the Boulder City Council, place the veterans are for people at charter amendment on the 2020 minutes about European next rehab all Coleman Patrick Murphy initiation All Europe. Good evening, Mayor Weaver and council members, my name is Paul colon. I live without boulder. Thank you for this opportunity to speak in regards to the serious discussions with Excel. I know, as usual, you have a busy agenda so I'll try to be brief. Is very difficult to overstate how hard it is to get things to PC. If your name is not XL. They are the masters of the PC universe. Every significant change in excels business requires an order from the PC and practice Excel prepares the orders for the Commissioners design and most of the time, Excel gets what they asked for, is that the PC that you discover what excels calls really are.

[26:12] Please don't get locked into an agreement with Excel until after the PC approves excels plans because you won't know what Excel is going to do until after those PC orders are issued And these interesting times of rapid changes becoming happy on many fronts, it makes sense to stay flexible for electric supply that means staying out of franchise. Thank you for your attention. It is very busy time You ball. Next we have Patrick Murphy Misha snap and Michelle denying Morrissey Patrick Europe.

[27:00] May need to unmute Patrick Scott. My name is Patrick Murphy. I live in Boulder and the Muni and let real carbon reduction begin now not five years from now. Muni supporters can't seem to look in the mirror and see the Muni for what it is, instead of the fantasy of promises with no price tags. The denial of true costs blaming Excel for the meaty bad leadership bad legal decisions and financial shenanigans. Do Muni supporters address to 24 articles of the Muni naughty list. No, because those facts would require looking in the mirror and that's never done because just like so many things today that would require critical self evaluation and looking the ugly truth in the eye. If the XL negotiations are not successful. By the end of July. And the money will come roaring back with a fact that if not for the 41 day stay at home order during the PETITION SIGNATURE collection and the Muni WOULD BE ON THE NOVEMBER BALLOT.

[28:06] And the Muni collected 63% of the required signatures in 37 days and would easily have achieved the target if those 41 missing days worry turned The Muni zombie threatens to eat more time and more money, leaving a trail of failure and denial and its path. The Muni never gets time or money estimates right it forever calls failures success and blames Excel for everything. The Muni does wrong. The Muni has no negotiation leverage its run out of money is afraid to ask for more half of Boulder wants it to end. And it's left a trail of failures wrapped in denial You thinks it can Paris. It ties boulder endlessly since 2015 the boulder water utility monopoly has raised stormwater rates 87% Wastewater Rates 42% and drinking water rates 12% that reflects the Muni failure look in the mirror and denial in the community.

[29:10] Thank you, Patrick. Next we have Nisha snap Michelle. The name Morrissey and Mara Downey, I'm sure Europe. Hi I'm Nisha snap and I'm here today with bedrooms are for people. A GROUP TRYING TO REFORM discriminatory occupancy limits with the ballot initiative. Current occupancy limits depend on whether or not people are blood relatives are legally married Before, same sex marriage was legalized this law explicitly discriminated against queer people Today, the last still discriminates against us, because to be a household illegal household of three or more, we must either be legally married or living with blood relatives. Unfortunately, many queer people, myself included, are strange from their blood relatives and instead create a family of chosen people.

[30:02] Our current laws decide what families are worth having, and which are not occupancy limit should be based on the structure and safety of a dwelling not on what counts as a family. non traditional family should not need to go through the rigmarole required of CO ops. After all, we're not co ops. Sorry, we're not co ops and blood families do not have to go through any comparable process to be accepted living within their homes. Well, many queer people throw up boulder rely on living with chosen families, the bedrooms, a few people initiative with truly benefit everyone seeking a non traditional household This pandemic has shown all of us how important community is and how helpful is to have community built into your home. Not all households need to be as organized as a co op to still provide valuable community, nor do they need to be composed of blood relatives. Many child free adults choose to live with other child free adults in households of four to six people not only because it makes her housing more affordable, but because it makes our lives happier and healthier.

[31:09] I encourage all of you to sign our petition at bedrooms are for people.com so this initiative gets on the boulder. Thank you. Sure. Next we have Michelle than a Morrissey more damning and Markel ban. The show Europe. As you need to promote Michelle two panelists, because she's not an older version of zoom. So if you could bear one moment to the system to get her in place. I see her here and maybe we can hear her. Can you hear me. Yeah, we can hear you, Michelle. Good evening, members of council. Thank you for your time today. I came this evening and wanted to speak about potential areas for educating and teaching better police practices. And then I reflected on my weekend. The Sunday myself and my two sons and their dad went to Denver to pay respects at a George Floyd mural.

[32:04] Telling them again how he was killed and how the color of person's skin can engender fear and other unsavory emotions and others we tell them this is my mom and pop are so strict with you, boy, sometimes why we have you behave immaculately all the time. The fundamental issues we face as a nation and as a community or not. Once we can train away. From can be one of the nation's leading scholars of racism says education and love are not the answer. But self interest drives racist policies that benefit. That self interest until we can stop educating our black children on how to survive a police encounter. We have to dig deeper. For over a year now and thousands of hours this police oversight Task Force has on Earth. Many growth, growth opportunities for this community and for our police department. It is in that as a member of this community and a member of the police oversight Task Force, I feel that I'm responsible and that we're all responsible

[33:02] We trust that Council will expand our mandate to incorporate police reform because we can't wait for 2021 for police for the police oversight panel to do is crucial community work. That's all I had. Thank you for your time. Thank you, Michelle. Next we have Mara downing or girl band and when seagull Mara, you're up. Hi, I am here to Cannabis equity here in Boulder and the Black Lives Matter movement, specifically in Denver and Colorado overall of cannabis equity to address privilege. Wealth as an outcome of racist policies sentencing and capital investments in cannabis industry and and so I was doing research on if there are any Black owned cannabis companies here in Boulder and there are zero and out of the whole entire State of Colorado, I only found two in Denver.

[34:03] And I wanted to bring this up as a larger dialogue with our community and also bring this to your awareness that there are other cities in the United States that have passed equity programs and reparation taxes on marijuana And and Oakland, California and Evanston, Illinois are two specific examples of ways that we can reimagine what the cannabis business can look like to make it more equitable and have justice in it. For example, Oakland, California, created a permit where half of all permits towards marijuana businesses must be issued to equity applicants, those being people Have areas disproportionately affected by cannabis related arrest or folks who were actually arrested topping cannabis. Likewise, l Evanston, Illinois past reparations tax and the money would go directly towards folks affected by the war on drugs to apply for technical training funds or house repairs.

[35:09] And so I want us as a community to think creatively and justice forward with how the cannabis industry can be better in our community and do better in our community. Thank you. Thank you. Mara. Next we have Markel band men Siegel and Leslie arc Europe. Thank you. All I appreciate Mary Young's conversation about Juneteenth teeth tonight. I think it's time for this council to provide less performance art and proclamations and actually do something And the 20 years I've been here. There's been three versions of police I oversight a standard review panel, which turned into a citizen advisory panel. Which and no disrespect to the current oversight panel and oversight panel. I appreciate what these folks are saying

[36:04] But I want to know what actions are going to be taken now and why it is that this, this Council could not support their colleague Rachel friend and having a larger philosophical discussion around whether the city of Boulder requires military weapons like automatic rifles that we ban. gas canisters and chemical weapons pepper ball sprays and why we need a $412,000 tactical armored vehicle with a long range sound cannon and a water cannon. That the police department claims is not for fighting crowd control, but use for fire if it's really used for fire. Why isn't at the fire department. Isn't that out of the police departments per view. We also found a way to provide the police with $360,000 for a brand new bomb vehicle.

[37:02] Because the other one. According to a council person was eight years old and required $24,000 a year and maintenance. I think the bigger question is, why in the world are we funding any of these weapons of war, especially at a time when Talk is cheap, and the lives of brown and black people are clearly at stake. Thank you. Mark next few months ago was like loose term in cairon baba club on land Europe. So could go bankrupt if it has to close this $3 billion coal plant Comanche three, which has a Expiration date. You have a depression. So it's a good time to get out from under XL. Do not waste any more of my tax dollars negotiating. There's been 10 years of that. Enough already.

[38:04] I'm pretty warm today in my bedroom upstairs. I'm 67 it wouldn't be nice to be cool. But I will not install a mini split or other solar, geothermal H back until I have control over my energy source. I won't use the energy intensive coal rate coil radiators. So I disconnected them when I bought the place 20 years ago. No AC up there. I can wait. In a depression, you don't keep building as if there were not one and on a deficit gun barrel Odell project model. Is no longer an option if you cannot produce a grocery library open space and other amenities to service the extra residence. Wait. Why must your residence. Are you this very basic point Rock Creek is the bad example guiding you City of Boulder is so behind in their open space maintenance and the and the extra us comes at a cost.

[39:00] Of all these people and the people from the virus don't accelerate that use in a pandemic by continuing with so much growth and expansion. The do we is declaring the benefit of Rocky Flats green ways before legitimate soil samples verify safe recreational use yet David Wilson says that the quality of mental health. Of self isolating unemployed users needing open space experience exceeds the risk of death from the now present comorbidity of the virus and that of the risk of inhalation of plutonium particulates. Like my grandson said at the seven November seven January meeting. Know, will I be saying, yes, yes. Thank you. Then, next we have Leslie glues from Iran bocce club and john Henry Van Sant Leslie Europe. I thank you so much. Mayor council members. These are difficult times, certainly appreciate your service, I'd like to add my voice to those calling for police reform.

[40:06] We need these community services. We need to make sure our officers are trained that they understand the escalation. We've had two very close calls just recently and more going back. So it's really critical that we learn from other communities who are Who have shown how you can send out on armed and trained personnel to manage a high very significant percentage of calls so Thank you like us most my time to give a preview on what we're hearing in the excel boulder listening sessions. And what we can know from looking around us. It's hard. You're very immersed in Boulder, it's hard for you to see all the sprouts of competition, growing up in Colorado. They're there. It's very important, regardless of how you feel about a local municipal utility. It's very important that boulder stay out of franchise. So that we aren't left behind when lewisville mafia are signing much better deals when their franchises come up in the 20 22nd thing is under grounding. It's been held up as an inducement. It's a little bit like taking candy from a stranger.

[41:05] There's a reason parents tell their kids don't take candy from a stranger to. Same with underground and it would be penny wise and pound foolish. To take 10 million and underground, even if we get that much and give up the opportunity to save 30 or 40 million or more a year in our power supplies. So don't take that candy from the monopoly their big thing is XL talks about 80% carbon reduction. That's not the same as 80% renewables. We'll talk about that more. I want to save a few seconds for talking about a fundamental social equity issue Excel talks over and over again about how they're keeping bills low every time Excel says bills. That were going to screw poor people average bills go down when upper and middle income folks get solar excels rates have gone up and up and up and up that all falls on lower income people of color renters, all of that. Thank you so much.

[42:04] So we have tyrant burger globe john Henry and Sam and Joe. Can't I are in Europe. Hi, can you hear me. Yes, great. My name is Kiran Bogle of. I know it's kind of a weird name I'm with bedrooms are for people. And we're working to reform discriminatory occupancy limits and boulder. I am a graduate student at the University of Colorado. In some ways the city's occupancy laws seem directly targeted at preventing large numbers of students from cohabitate eating based on the assumption that students can be disruptive or destructive to the community. I'm currently looking to move because I'm spending about 35% of my income on a room and a three bedroom house. For the next lease my landlord wants to raise our rent by over $100 and my income from the university is not expected to change. Students add value to our community we contribute financially too many businesses, and most importantly, to the university.

[43:03] The university itself provides large numbers of jobs at a wide variety of skill sets and pay grades to the city of Boulder. Since SEO is largely dependent on tuition to continue funding students are an integral part of keeping the university functioning. Additionally, many students supply the workforce needed to keep a boulder and it's three national laboratories at the forefront of scientific research in the United States. CU Boulder also keeps the city of Boulder on the forefront of many industries as a whole, the city's economy depends on CU Boulder. Many of the concerns about large numbers of students living together can be mitigated by other measures. noise ordinance square footage occupancy Limits. Limits on street parking and regulations on building appearance can all decrease the likelihood that students cohabitation will be a burden on the Community. I believe most students are able to and desire to live together and support one another financially and otherwise through these difficult years and we want to be a positive part of the community, while we do. So thank you so much for your time.

[44:14] Your next rehab john Henry Van Sant job can't enjoy Brady john Europe. Great. Can you hear me. Excellent. I'll start. Hi, my name is john Henry Van Sant and I'm a resident a touch of weights listening to the last few meetings. I've been disappointed by the dismissal by many Members of the call to defund the please Perhaps semantics field is consternation to let's rephrase the idea as the phone to gradually redirect police funding towards increasing the number of social workers drug counselors and mental health experts responsible for responding to non violent emergencies. Recent polls show that Americans favor this policy approach by a 49 to 30% margin and speaking from personal experience. I understand why.

[45:02] My partner and I live in an affordable housing complex and there is a consistent police presence here that we do not exceed when we lived in North boulder. We have had armed officers come to our door at 11pm looking for an apartment in a completely different building As a white says head male I am aware of how my privileges have benefited me at that moment. These interactions do not inspire confidence in the police its ability to de escalate. These tense situations, especially when they are in the wrong building Now imagine if an unarmed social worker with years of training responded to that crisis. Imagine if we had a steady presence of social workers in this complex rather than armed officers. Trained to help residents with their health care problems mental health issues and financial struggles This is all possible and it starts with reallocating funding from our $38 million police budget to provide stronger social work and housing support through our underfunded HOUSING AND HUMAN SERVICES DEPARTMENT. Yes, we are in a recession, but the least we can do is protect funding for social services and cut the over policing that does not keep us safe.

[46:05] If we are serious about following chief Harold's call to model our approach to public safety active European cities. Then, the first step is matching the robust safety net, providing those social democracies strong welfare programs and Human Services reduce crime, and we should support them by reallocating funding away from the reactionary policing programs that do not work. Thank you. John. Next we have Joe can't take Friday and dawn on Joe Europe. Good evening, Mayor and council. My name is Joe can't. And I'm speaking on agenda item for a as the applicant 5691 cell folder road concept plan application. Little background, our family has on this property for over five decades and I grew up there. My wife and I seek to annex to 5.5 acres to get city water and sewer. We had a neighborhood meeting we listened to the neighbors who wanted minimal development of the site we proposed Rl one zoning with four new units, two of which were affordable.

[47:13] When we went in front of planning board. We were surprised that on June 4 the planning board express support for RL to zoning. And 812 Or 16 units including attached meaning duplexes triplex is for plexus. The site does have some environmental challenges, including a floodplain and wetlands these environmental constraints will limit new development on the site. We encourage council to call up our concept plan so we can get your feedback. Before we have the expense of preparing an annotation site review and subdivision application. You will be the decision makers on our property. And the application. We would very much appreciate your guidance. Thank you so much for the time

[48:03] Thank you Joe. Next rehab shake Brady and down curtail and then I will also look To Sarah, to see if we have person that we saw earlier. So Jake, you're up. Hello. Can you hear me. Good evening council. My name is Jake Brady and I'm with bedrooms are for people. We're working to reform discriminatory occupancy limits in the city of Boulder. When I moved to Boulder approximately three years ago, I was taken aback. Upon learning about the occupancy ordinance. And happily share her home with three friends and East Coast college town. Prior to this, the simple fact that I was able to live with a sibling here, save me nearly $250 per month. I wondered what your residents without that advantage do On Sunday, I was fortunate enough to participate in a group privilege walk on Pearl Street. We were asked to take a step back, every time the speaker mentioned a scenario we had faced a disadvantage in life and take a step forward for the opposite.

[49:07] There were multiple questions asked about housing discrimination with everyone. It was painful to watch as dozens of participants were forced to take those metaphorical steps backward At the end, those of us near the front of the pack were told that in order to create, the more just an equitable world we all seek to live in. You must make a concerted effort to walk hand in hand with those at the back of the line every single day of our lives. We must live up to the values that we espouse as a community, it is our duty bedrooms are for people will allow for just that. Will make room for more of our disadvantage brothers, sisters and non binary friends to live amongst us Will increase housing security, particularly for those who find themselves in a tenuous or illegal living situation and it will allow us to better utilize housing stock that we already have today. You can join the list to sign our petition at bedrooms are for people.com. Thank you.

[50:10] Thank you, Jake. And last we have done today and Sarah, you can let me know at the end of this, if there's anyone else on signed up on Europe. Thank you very much. I'm glad to see you guys out working hard on this one night. And I was taking it. The only person who has been in more council meetings and probably most of you is Patrick Murphy. And I'm here to speak about, you know, the people of Boulder really deserve green energy and we've been playing with this for too long and spending lots of money and making no progress. I think it's time to take a whole new look at how we approach the problem start to use

[51:00] renewable energy credits you can buy them with a tax money that you're getting off of the bills, you can apply them to the residents bills. Until the people will be having green energy here. When they want. It was amazing to continue with this program for almost a decade now is called us nowhere absolutely nowhere in providing green energy for boulder. Thank you. A complete Thank you, Don. So Sarah, I'll turn to you and see if There's anyone else on the page. Kenny has joined the meeting. So I'm going to go ahead and cue Shannon up to speak. Since We already passed over that name so Okay. Thank you Shannon Europe. Shannon, you may need to unmute yourself. There you go. Can you hear us now. We can

[52:00] Okay, I'm speaking Shannon I'm channels husband I'm to be speaking Thank you, Mayor boulder and city council members. I'm Jeffrey Kenny a boulder native Excuse me holding up voting on the Boulder reservoir since 1983 we volunteer our time and vote for both the triathlon water safety and for the expand adaptive water ski program. The reservoir has put in place a system that as a strict three hour limit per weekend day for boaters we are not allowed on the water prior to Or after our reservation time, no exceptions me voters having paid in full weekend time and now feeling like victims of a bait and switch read rule Reza rules have been CC to each of you. My plan CC to each of you as well reduces the amount of running boats at one time by 50% during high capacity times that would allow one staff person to manage the water with communication via a color coded Laid out plan. Most of the high us is due to an extreme number of rentals of small watercraft by Rocky Mountain paddle boards.

[53:01] Of subs kayaks and canoes 2020 rentals are astounding. We're counting 150 or more on the water at one time on the weekends. Without Borders weightless of the know weeks items rescue of all rental craft watercraft is impossible fast approaching Colorado storms nearly daily often proceeds hot preceded by high winds This is an equation with many runners limited to two Lake patrol in a case of gross negligence for both the city and Rocky Mountain paddle boards. Finally, there is one man that I wrote you about Pete. He's we're doing this for him. Peters battled Excuse me, a real rare cancer for the last 10 years he's had surgery rendered him not waterproof this year, he is However, he is still providing for his family working Monday through Friday. He comes to the lake only on the weekends. He loves to float weightless, most of the day, especially in his condition. It takes him a lot lot to do to go for those three hours. It's just not enough for him. I asked if my plan is not accepted, we are determined to yield our time to him. There's no exceptions for exceptional people. Thank you.

[54:08] Thank you. So with that we will close, open comments and return Every what's next. An action, the consent agenda any of it is a through Is Sam or Jane and Tom going to speak to anything. And That's true. I would you Wanted to take it away. Thank you very much. So I'm the last speaker had a comment with regard to the reservoir and it would appear that the gentleman had sent each council member some information. So it would be helpful if that information. To Allison rose our director of Parks and Recreation so that she can address that.

[55:02] Many of the comments made important statements with regard to police oversight and I wanted to give counsel and the listening audience. Some background and some new information. So as you are all aware, I'm sorry my dogs are barking. The police oversight implementation of was that you nine city council. Okay. Hopefully he stopped what we want you to know is that the effort is on track for updated ordinance. And implementation by early November, and you're going to be hearing more about that in September. The recruitment for the city's first independent police monitor is underway and some of the community members who are volunteering on the implementation team. Were involved in the first round of interviews and we are very appreciative of the work that they've given The task force that you heard discuss started out with 12 members there are seven members left and several of those participated in the interviews.

[56:10] Here's the new information. Next Thursday, June 25. The city is hosting a virtual town hall to give all community members, an opportunity to meet the final candidates. For the independent police monitor position and they end to pose questions to that person. That same day will be a comprehensive interview process for those candidates, including representatives from several community groups. And neighboring agencies as well as city staff from across the organization will be issuing a press release later this week with more information for the public. And how to register for the town hall. And submit questions at the same time as you will know under chief Harold's leadership. We intend to improve the boulders police department, according to the strategic action plan statement that was presented to counsel on June 9

[57:02] And Chief Harold will be presenting periodic updates to the Council on progress and will be working with CIC to schedule those updates for the community. In the coming weeks. I'm hopeful that our first quarterly update could be at the end of July or early August And as you will know. We certainly value community input and we are beginning the masterplan process and hope that perhaps there will be a process committee from the city council that can help us figure out better ways to engage as many community members as possible. That's kicking off. This summer, and we look forward to discussing that more after the city council break. So those are my comments. Today, thanks. If you, Jane. So, Tom, you have any responses. I do not. Okay, great. And then I'll turn back to counsel for any feedback about the testimony. We heard during open comments I

[58:05] Here. So I see Rachel and then Adam what cancer is crucial. And Aaron to he's got a visual instead of a virtual um yeah I just had to follow up questions and I don't know who these go to, but several members of the Police oversight Task Force asked for an expanded mandate and I just wondered when when that might come up for us to discuss or if that's going to be an option. They had also emailed that offer so wondering about the process and timing of getting them an answer. Right, that the appropriate process would be for CAC to bring it up and then schedule it in front of the city council. As you know, they do have a charter that includes some detailed information about the kinds of people on the panel. And the mandate of the panel. So you would need to discuss how you would like to approach that. So I think when you return from your break we can schedule that to be disgusted CIC

[59:02] I some and then second is also just I think a scheduling question, but I'm Rafi from Boulder County Dems said that the they have recommended that we promote the bedrooms, or four people. Charter amendment to the ballot and it seemed like we were going to come back and discuss ballot issues, I want to say in July or August was just trying to refresh on when the timing might be for us to get an answer on that. So we told them that their deadline, I think, is August 5 so I would recommend the Council see what HOW MANY SIGNATURES. They've gotten and then make a decision if they've met the requirement. I I plan to recommend the Council, go ahead and put it on the ballot, just as a matter of safety, but I think there's some time fee to decide what to do with that. Same thing CC to schedule in early August after the fifth That would be best. Okay, like the fifth we have 10 days to review the signatures. So after the 15th.

[60:03] Thank you. Right. We've got Adam Mary and Aaron, Adam. I just wanted to Maybe make a point for the new cannabis advisory board to look at The ideas around taxing and equity. This isn't you know this is just a suggestion, and it's not anything beyond that, but I i think that is an interesting idea, and one where we could provide more equity in the community. So maybe as a Council, we can eventually asked them to look at that. Right, thank you, Adam. Next we've got married and Aaron. I just had a quick question for Jane and I was just wondering if chief Harold has presented to the police oversight test force yet. I believe that chief Harold has attended several of their most recent meetings, so yes.

[61:05] And but presented to The task force. Yeah, I don't know the answer to that. And I don't believe that Amy Cain is on this call. So we can find out more about that. Yeah, cuz I was thinking that it might be helpful to have her present what she presented to us. A couple weeks ago or last week. Okay. Thank you. We'll work on that. Thanks. Thank you. Yeah. Aaron. You know, it was just one to second Rachel's request about getting the task force, the police oversight Task Force involved in the reform efforts. This year, they've done such amazing work on the creation of the oversight panel, but that panel is still a really good long way off so I wonder if there might be a way for them to participate in the ongoing work that chief Harold is doing that we're going to be participating in this year with maybe that a handoff to the

[62:08] The oversight panel. Once it actually becomes a reality. So I'd like to see if we could talk about that at a future meeting. Yeah. We'll have to figure out at a future meeting you know how to handle it, because the oversight, you know, has really reduced in numbers recently because a number of the folks that were on it had made a commitment to get to where we were last November, and make the Recommendation Of the independent monitor and some folks dropped off, just because of the time commitment. So it is a significant time commitment. To do so, that will be part of our future conversation and Amy just texted me an answer to Mary's question, which is that yes chief heralded present to the oversight group at the last meeting. He was always on top of things.

[63:03] Alright, thank You Thank you everyone. So I will endeavor to remember to turn to the city manager, an attorney and counsel after every open comment or we slipped by that. So allergies. So now, Debbie. We're ready. Now we're on to the consent agenda, which is items. A through. Oh. Very good. And I believe we have some staff presentations for some of these. So shall we go through the staff presentations. Now, Do you need city council current director of housing human services. Talk to you about two very brief items on consent tonight. I've got a two minute presentation for each top after the first one to see if you have any questions. Somebody talking about a. The first area is the Ponderosa community and sort of an update to that as well as a day with motor housing partners. Next slide.

[64:12] So on Sunday. We had a groundbreaking at Ponderosa It was a little bit different. We Actually had a burial of a time capsule. So this is important because it it recognized the beginning of the commencement of the infrastructure which will begin around the the first week in July. And here's your favorite council member giving some words of wisdom. Next slide. And then this is the An overview of the of the final plan. What's important here is the is identifying the streets. These are the streets that are going to be going in with the underground infrastructure over the next six months. Next slide.

[65:07] So the, the city and beat and BHP partnership. So, First, we're going to be working on. The city's committed to completing the infrastructure and we're overseeing that work. Next few months also setting in in place a structure a financial structure for the upkeep the Long Range upkeep of the partner community. It also includes the, the maintenance of public improvements which will be the right ways in the community, which will be public streets. enforcing the affordability restrictions, that's something that we do on all homeownership programs within the city that's an infrastructure that exists currently for sales resales of of homes over time. Next slide.

[66:11] So HP is committing to a couple things here. The first is taking on a 1% ownership of the property at Ponderosa that enables us to have a tax exemption which assist us in A more efficient approach to be affordable housing and the cost To that it also creates a mechanism for a partnership with the city and BHP which will Develop and advantage of some of the strengths that BHP has related to maintenance public spaces as well as some of the services that they bring to their communities.

[67:01] Next slide. I think this is the last one. Yes. So you can maybe back up one slide and see if there's any questions, I'll see if any sense of counsel may have GA. THANK YOU. Curt see any hands raised. Anyone have any questions for Kurt Aaron, are you want to guess question. No. Okay. So, Kurt. I think you're good to go. Okay, next slide, then So 30 pearl. This project has come in front of you, many times in the past. This may be the last time, you'll see this this project front of you. So on the Consent Agenda agenda this evening, it relates to the cloud cutters three and four North Market developer. Next slide. So I'm just a backup slightly. The, the city's vision for this entire block.

[68:07] As it was designated many years ago. He's guided by the the transit village area plan. Emphasizing transportation infrastructure and Alignment with our transportation goals of the city, creating development, if you'll remember on quadrant one we're going to be getting some affordable commercial space as well. In creating a substantial amount of before permanently affordable housing. This project has 300 units of affordable housing overall on the entire block. He's developing 120 units of affordable housing. Including a mix of ownership and rental so at this at this point in the project. You know, it is all designated as rental however veterans, one, three, and four North will be set as

[69:03] Condos In anticipation to switch to homeownership and seven or eight years. Next slide. So actions to date. So last year, you'll remember, we brought to the Council. Sell for Quarter one, four or $5.8 million quadrants 234 North and South. Those were transferred to BHP where the infrastructure is occurring right now and they're working on the underground parking garage. One that stands between quadrants two and three, and they have begun the construction of the affordable housing. Drive by the site on quadrants for quarter for South, you'll see that building is has gotten vertical and it's already up to the up to the roof line.

[70:04] Next slide. So the motion today. Is to Is around the sale of quadrants three and four NORTH IT'S TO THE SAME developer who purchased quadrant one which is Morgan Creek ventures. We went through a competitive process. On this, we had several developers who put proposals forward. I think box below is is quite important. So the in our department in particular has invested $24 million in this project. It started with the cost of the land. Several years ago, however, as joint developers with BHP we've been able to leverage the development of this project now selling 18 $18.6 million in back to developers.

[71:00] Has gone up in value as a result of the development process. So this is the total city per affordable units on that site. Under $50,000 per unit, which is probably about half of what we've seen over the last few years. So front of you today is the sale of quadrants three and four. Or a value of $12.25 million. Next slide. Whoops. Let me just say one more thing. So that the closing on that is anticipated to be in September. And that will Refund back a lot of that $25 million that we've put into this project. So the, the those quadrants three and four are currently in the possession of PHP. Those will come back to the to the city where we will sell them in September, as some blind.

[72:10] In the agreement that you have in your package. And I'll stop there for any questions on that. Very good, thank you. Curt we've got Mary and then Mark. Very good. Thanks for that. Kurt. I'm just one question I want wanted to better understand why there will be no co op the memo briefly mentioned it, but I went to better understand it. Yeah, that's a great question. That was so quadrant for North, the yellow quadrant on your left. We were hoping that that could be a co op or co housing. We did receive one proposal. Of I think five proposals. That had put forward. That's better approach.

[73:03] Or their proposal. Was What uncertain, particularly with the changing market that was happening at the time of coven and I think the concerns we had with their proposal where they would be able to Plead it within the text of a Mr. A very uncertain markets. And at this point in the at the time that the decision was made, probably a month ago to put this forward to you. With the concerns about what the market may look like Look like a better time to take advantage of the sale to more great ventures and to be able to use those funds. For other projects in the city in the future.

[74:04] Thank you. Thanks very Mark Europe. Yeah, correct. That was a good presentation. Thank you. You mentioned that the developer was going to construct rental apartments and then later convert them into condos. Is there a particular rationale for that, or does it relate to the exploration of Statute of Limitations on construction defects. What's the thinking there. That's correct. You answered your question. Um, so I'm Seven or eight years is that period where it makes sense for a developer to make a change to to ownership as the construction defects. Sort of starts to run it at that point it significantly reduced. You know the rest of the developer at that point.

[75:02] I guess my question is, is that a good policy for us to be participating, you know, avoidance of Liability strategies. Well, I think, reality is in Boulder, for the most part. Because of the legislation, we're seeing hardly any ownership development being done in the city, you'll see that come before you, and planning. They're almost all rental projects. This is kind of one path where we can get homeownership units. Okay. Thank you. Okay so seeing know that our hands, I will just say thank you for bringing this forward. These are both and plastic projects that we have going On. So when people talk about affordable housing in Boulder, they should understand that we have a diverse approach to affordable housing which involves ownership condos, as well as rental apartments and

[76:05] Separated dwellings in Ponderosa. So again, thank you so much. Kurt for this and this is great work. Thank you. And then I believe that we have something regarding the parking lot on the hill. We do. And I'm not exactly sure if David gear, Sarah. We've been some will be presenting this I think it's going to you. Yeah. All right. Thank you, Jane. Hello, members of council, it's you know my name here and I'm with the city attorney's office and I'm going to say a few words about the hill hotel item that is on your consent agenda. The Hill hotel is a project is A proposal that would redevelop the land that is on the south west corner of university and Broadway and extends to the south to pleasant Avenue, where the huge it opens a couple of parking lots.

[77:06] Next slide please. So the land was purchased by the university Hill general Improvement District in in the early 1970s, and it has since been used as a surface parking why A few years ago, we did the hill reinvestment strategy. And one of the things that was identified in that strategy was that the hill needed some type of catalyst us so that we could kind of change the diversity of people that go to the Hill and help boost the economic vitality of the area. So where we are at right now is that we have proposed for use of all these properties, including the surface parking lot. To be used as a hotel and kind of typical really fuses for Lady to hotel, which would be retail and restaurants. So, next slide please.

[78:03] So you recently had an opportunity to review at least the concept for what is proposed for this project your meeting. In mid May. At this point we have Put together a letter of intent to sell the property and we have Agreement between the city and the nickels partnership, so. If the city decides to agree to enter into the letter of intent. The nickels partnership has made a commitment to submit a site review application for the project. Thereafter, we're going to continue to work with the Nichols partnership to effectuate this transaction in a manner that is consistent with four letters of intent. Next slide please.

[79:01] So here's the major terms of letter of intent. So first of all, it's a sale for fair market value. We both had the property appraised and the appraisals came in pretty close to each other. So the agreed upon price that we came up with was simply averaging behind alone. The two appraisals. The nickels partnership as we talked in the past that are in this letter of intent maintains its commitments to the console, but it will do At least finance, some of the issues related to tenant relocations. They will support clarification demand management practices on the site and build the building in a manner that would be consistent with the architecture of the area. Um, there are two major protections for YouTube in this deal In first is that We will not close on the property until

[80:03] There is a site review approval. So the result of that will be huge. It will be able to continue to operate its Parking business in the interim, and in the event that it's not successful, it will continue operations as it is now the other thing is, and I think that this is a pretty Major protection in the In the letter of intent is that If for some reason they get their SEC review approval. They close on the property and they fail to, you know, began construction and construct a hotel huge ID or the city will have an opportunity to buy the property back at the same price. It was sold So, next slide please. So there. This is the motion. There are two parts to the motion. The first is to authorize a city manager to enter into the letter of intent.

[81:08] To dispose of the property and also as required by our code, you would actually authorize the sale of the property in a manner that's consistent with the terms of letter. So that, that's pretty much all I have. If you have any questions, I would be happy to try to answer them. And Sarah Wheaton city from Community vitality and the project manager on this project is also in attendance. Rate and I see no hands up. So I have one question. When were these appraisals performed and will be economic impacts of covert potentially change the value of the property. Sarah, do you have the exact dates. I think that our appraisal. At this point, probably in the six to eight months old at this point.

[82:00] And the appraisal that the nickels partnership commission is more like a couple of months old at three months so Yes, that's correct. That there's his more recent than our so would reflect It's in the spring of 2020 and ours was in 2019 Got it. Okay, and just so I'm just going to flag that and I think staff will be able to get through. We're going to approve it tonight, but we're proving Is a letter of intent for the sale so so I expect if there is a major change David is a corrected and get we'd be able to continue with the letter of intent potentially change the sale price, there's some reason to do that. Well, I think that what we've agreed to write down the price. And frankly, there's risk for both sides on what that price is It, you know, in terms of things that could go up or things that could come down, but

[83:05] That that's kind of where we're at with the price right now. Okay. And the same thing to in terms of why I think that this is also a good idea is, is that if the developer fails and we close on the property and sell it or and he heard the partnership does not construct a hotel. We get to buy it back at the same price that it was sold knowing no additional interest, no escalators to increase the value. So I think that that's a great protection for YouTube and the city. Okay, great looking council. One more time seeing know the questions and we're ready to move on. Alright, well thank you everyone. And he David Okay, I Think Jane, remind me. I think that is all that we had said CC that we were going to touch on for the consent that right

[84:00] Correct. Right. And then I've got Bob's hand up. Just going to emotion. If there's no other comments. I'd like to move the consent agenda item three, a through three oh inclusive except item of three k i do not move three k. The reason I'd like to pull a three k off is This one, this is the matter relating to potential changes in our rules run initiatives in referendums and they want to apply to any matters that are out collecting signatures right now for this year. So this would only apply for Forward and so I'd like to suggest that we move this down the calendar not do a second reading, or a public hearing the summer. We've already got a pretty busy summer and actually take this up. At the end of the year, November, December timeframe in plenty of time for the 2021 petitioning season. So I'd like to suggest that we not move forward with k

[85:05] Right, and then add two more hands here I've got. So, Bob, I take it that's a motion. So that's a motion. A through a through but not K Right. And let's see if we can get a second and then we'll move on further discussion. Okay, so we've got a second hands up, including Aaron and Mark Aaron Europe. Great, thanks. Um, I was gonna bring something else up just really briefly on the consent agenda. There's We're changing our call ups to go from item eight item for And I just wanted to note that in the remaining language that was not changed. It says that if the decision about whether to exercise the Council's cop authorities, a matter of substantial public interest. The agenda committee shell schedule a public hearing for consideration that potential call up its 20 recommend that that on second reading we change that to or tonight change that from shell to May to allow for an option in that Tom, do you see any issue with them.

[86:07] Now you should do it tonight because this is an emotion. It'll as effective as soon as you acid so Great, so I guess I'll, I'll make a attempted friendly amendment to change that word shall to me in that call up item, if that's amenable to pop I would accept that as a friendly amendment. And the second was that you mark. Yes. We fully in support of What Bob has said, I think we can give this a better. Much better consideration in the fall. I'm just not sure the time is ripe for it. And we, I'm not sure we have good bandwidth for given all that we are doing at the moment. I also just want to make a brief comment on am I know it's just the first reading, so I'm not going to comment in any detail. But there are many, many provisions in that

[87:01] Proposal ordinance and when we get to the second meeting. I'm going to have a number of comments on it. Some of those proposals I think are good. Some I think require some more thought. And I will be speaking upon them at that time. Great to Add a little bit Yeah. Thanks for that. Mark just a little bit more Just similarly to what you're saying about em. I had some concerns about three j, which was the hemp ordinance, but I'll reserve those for a second reading, and I do support ops motion about how we continue with the Charter amendments. Great. I just wanted triple check to Dr. Eyes mark as the second for Bob's motion on the consent, did you accept Aaron's friendly and then Absolutely not, of course, Market. So I believe that we have a motion of second the friendly amendment has been accepted across the board. I don't see any other hands up. So I guess I'll call for a vote on the motion. Does anyone object to passing the consent agenda as modified by Bob an

[88:18] Intro call. Okay. Thank you, Debbie. COUNCILMEMBER Nagel Yes. Yes. Well, I Know. Hi. Weaver Hi. Yes. Hi young Yes, rocket Friend. Yes, Joseph I It's unanimous. Okay, very good. That's the consent agenda.

[89:00] So Next on the agenda is your call up items. The first one is 5691 steel folder road content when review. Anyone have any desire to call the separate comment on it. Will know that we did have the Applicant speak to us an open comment. I think the fact that there's not a desire to call us up means that what we see in the current concept plan probably seems to work for the current Council members. So then we don't see any desire to call up a Or B is 845 14 Street. Anybody DESIRE TO CALL THAT UP SEEING THAT ONE. And of course these 2727 29 street concept. I just have a question for staff about this. I believe this is the rally support site. And we've seen some

[90:06] Notes in the paper. I think that the last one that we saw on the daily camera said that This is this project is okay to go ahead and Rally Sport is going to commit to the sale. Is that correct, I think Charles Pharaoh is on the line, Charles. Do you know the answer. Even council. That's my understanding. I'm not sure. Kurt firm Haber is still on the line tonight, too, but that is my understanding. Yes, that's correct. Sam there that is part of the agreements. Okay, so good. I'm glad to hear that that's moving forward. It seemed like there was some uncertainty about it so it doesn't look like we want to call anything up. Okay. Next on the agenda is your public hearing tonight which is the South Boulder Creek flood mitigation plan approval. Eric

[91:01] Great game. Yeah, our presenter will be Joe Teddy, he who will introduce the other presenters. So Joe So Joe, I don't know if you're speaking or not, but you're currently muted. I was doing really well, but I'll try it again with a camera and a microphone. Sorry about that. So, good evening city council and members of the public. My name is Joe Teddy itchy and I'm the city's utilities director, we're here tonight for the South Boulder Creek flood mitigation project.

[92:08] I'd like to take a minute and set the stage for the discussion tonight. If you remember back on February 25 we had a study session on this project. And staff presented the the work from the previous six months of conceptual design on the variant one alternative And we looked at the trade offs associated with three different levels of flood protection. During that study session City Council asked us to go back to the the city boards Rab planning board and the open space Board of Trustees and do some public engagement and bring back some specific information. That would allow you to consider making a decision, tonight on the level of flood protection. And as, as you know, the project involves a very complex relationship between annexation of some of the property involved.

[93:08] And the flood mitigation project itself. And that's because of the land ownership issues at hand and the focus of the staff presentation and the discussion tonight is really on the flood mitigation side of that equation. So for me, February 25 was the last time I attended and in person city council or or board meeting, and, as everyone knows, a lot has changed in our world since then. And we ended up doing all of the board meetings and public process virtually, and I think we learned some some things from that and had both positives and negatives. But the big thing I want to say about that is just acknowledging Sarah Huntley, and her team for all of their work in making those virtual Board meetings and process steps as seamless as possible. And I also want to thank the public for quickly adapting to the situation and for their engagement in the process. And so, Brandon. If you can flip to the agenda slide I will, I will talk a little bit about the program tonight.

[94:22] So, Tonight we will. We'll do a couple of things will first start with a summary of the flood project and kind of a recap. Of the highlights of that and Brandon Coleman IS OUR UTILITIES engineering project manager, he will lead that discussion after that. Joanna bloom, who is a utilities business relations manager will summarize the board and public engagement process. And then we have the chairs from Rab and the open space Board of Trustees and the co chair from planning board and each of them will also present to you. And we also have

[95:09] Representatives from the open space and mountain perks department utilities and planning for any questions that that you might have. So we can take questions at any time during the presentation. And with that, I will turn it over to Brandon to get started on the foot project. Great. Thanks, Joe. So my name is Brandon Coleman, I'm an engineering project manager and stormwater flood utility and What we'll be doing tonight is really reviewing the study session that we had on February 25 related to the project. We went over a lot of details and those will be a high level summary from that study session. So first I just like to start with some general facts about South Africa always thinks it's helpful to give it some context. So softball Creek is over 27 miles long includes 136 square mile watershed area.

[96:07] The Headwaters began at the Continental Divide and extend the conference with Boulder Creek on the east side of the city South Boulder Creek is similar To other Headwaters ranges and the Front Range area as conveyed in a steep well defined channel in the upper reaches of the watershed as it comes to lower reaches of the water shed and enters the city and becomes much flatter and wider which creates more variability in the floodplain. So South Boulder Creek is one of 16 major drainage ways in the city of Boulder and boulder is the number one flash flood risk in the state for life safety approximately 25% of Boulder structures are located within 100 year flood So cell older CREEK HAS flooded in the past, plus past flood events on South Boulder Creek have occurred in 1938 and 1969 and most recently in 2013

[97:07] The 1969 photo shows flooding at the Thunderbird apartments along Thunderbird lane and US 36 hours overtopped in both 1969 and 2013 and 2013 resulted in the south pole dry creek drainage way having some of the highest damage in the city. And the photo from the 2013 flood really shows the need for the project and wide. So the city. So, It's good to remember a primary driver of this project is really protecting life and safety of community members in the city. So during a flood events out Boulder Creek over TOPS ITS BANKS AND flows along us 36 and then over tops us 36 and flows through a part of the sea, known as a West Valley overflow area and that shown in this slide on in yellow.

[98:10] It's important kind of as Joe mentioned is there's a lot of property owners related to this project. And just to give you guys an idea of Who's involved and where utilities doesn't own any of the property that's currently being proposed for the project. So you'll see on this slide us 36 Is si.so the SI dot right of way, shown in the hygiene year and then existing city open spaces shown in green, and then CU Boulder actually owns a property showing yellow here. So those are all the stakeholders that we're engaging with as part of as part of the project. So this is a rendering of the project and just show some of the key components and we're looking south from table Mesa drive. And this is really showing on

[99:03] Here. So one of the key features is the existing entrance to the property is South loop dry. And then it's a. There's also an embankment that's being proposed on the CU South property that transitions to floodwall as long goes along us 36 And self Boulder Creek is shown in the background of this slide and really the purpose of the project is to actually detain floodwaters that are coming towards table Mesa drive and want to impact that Was Valley overflow area and then discharge them back into South Boulder Creek in a fashion that's safe and doesn't impact downstream. Members of the community. So just a quick quick history of the project. So the project in its current form has been ongoing since 2003 and stormwater flood projects typically follow a life cycle. So we start with floodplain mapping to identify risk, which was started in 2003 and really identified the West Valley overflow as a potential flood hazard in the city. And that was accepted by FEMA and 2010

[100:09] And from there, we moved into the mitigation planning phase, which looked at potential solutions to mitigate flooding through the whole South Boulder Creek drainage area and that was completed an accepted by Council in 2015 and that really recognized the need for the For a regional detention facility on the see you sell property. So from 2015 to 2017 we worked with CU Boulder and Boulder County to develop the CU South guiding principles. Recognizing that that was going to be a key component of the project. And currently, we're in the design concept design phase and preliminary design phase of the project. Sorry, this little

[101:01] Little new for me here. There we go. So in 2018 Go in August of 2018 city council provided direction to begin implementing design landowner negotiate students for the very one 500 year project configuration which is shown here. Through this process project at identified additional information that impacts the design. So really, Some of the information we identified was the floodwall along us 36 would need to be moved out of this car right away and onto existing open space land. And also the detention and inundation area needed for the 500 year flood protection, we need to be offset considering CU Boulder. So property owner there. So in July, we came in July of 2019 we came to counsel and we looked at waste potentially to offset those inundation impacts.

[102:04] And the two ways that we consider who are really reducing the design flood event and also considering a land use change, which is really moving that innovation area to a different area of the sea South property. We go. So we started first with the hundred year level flood protection and now it's something we considering the concepts that were presented in 2018 so this shows the key components of the projects. That area is the orange areas and area. Fill the blue areas and area of inundation from the project excavation to show with green hatching. And then the embankment and floodwall I mentioned is shown and brown. There's an outlet structure shown in yellow, that actually discharges the detention area individually channel which ultimately reports back To double the creek and then o s AMP P property is showing green. So for this configuration no land use changes were needed to meet the boulder Valley comprehensive plan guiding principles.

[103:21] So next we looked at the 500 year level flood protection and this is very similar to what Council approved in And the only difference really was considering that land use change and what's different about this proposed design is really this orange area which is an area fill a mess to offset the inundation at impacts and still meet The guidance from the boulder Valley comprehensive bland guiding principles. And we we looked at a mid point as well, to see if there was benefits for combination of the land use change and also reducing the design flood event. So we consider an approximate 200 year flood event or flood level of protection and we found that

[104:06] To support that land use change that I mentioned, you still need a very large amount of fill you don't need as much fill for the land use change and you can and you also don't need as much inundation area or detention volume to meet the flood design criteria. So we've looked at costs related to this, and we've really tried to represent all the costs that we know to date for the project. So we've really looked to add On flood mitigation costs are filled cost and then also impacts to see South property and the cost for the projects range from 66 million For the hundred year all the way up to 96 million for the 500 year and you'll see that the 500 year and the 200 year cost estimates are relatively close and thats related to that Earth fill that's needed for the land use change.

[105:05] So, another key component on the property is the CU South Levy, which is an existing structure on the property. And it's really was constructed. It's a famous certified levy But the presence of the levy does not impact the flood mitigation design. So what that essentially means is you can have the levy or the levee can be removed and it would impact the design as it's been proposed. And the levees rip Rab armored on the outside. If you've been to the site, you've probably walked on the trail and see what the lobby looks like on the properties So the levy is also important for the land uses that were proposed in the boulder Valley comprehensive plan guiding principles. So you'll notice the open space. Other designation. That was is actually related to the levy and that northern most boundary of the open space. Other is actually related to the inundation

[106:02] Limits, we would expect if the lovey were actually removed. So removal. The lobby would allow for connection of the historic Selborne Pete floodplain and also could provide mitigation and restoration opportunities to offset environmental impacts from the more structural components of the project. So it's important to note out there are impacts to open space and the habitat around this area is Very high quality on the existing owners and property and part of the stop Boulder Creek State Natural Area those MP property contains Two threatened species protected under the threatening to dangerous Species Act, which are the problems metal jumping mouse and the lady trust. Orchid. There's also environmental is sensitive space sensitive species on on the site as well as high value wetlands and tall grass prairie habitats, which are rare and very valuable for this area.

[107:03] So as I mentioned before. One of the other things that we found through the landowner negotiation process was that the floodwall Actually would need to be located on existing o s AMP P property and there would be impacts to exist. You know us and P property. So we would expect those impacts to be in approximately five acres along us 36 shown on this figure. So you can see us 36 there and the five acres is hatched So at the February 25 study session we presented this trade off summaries to counsel. And really, to recap what this trade offs found was really project feasibility became more challenging as a full design flood level was increased costs significantly increase to provide protection above the hundred year flood and that's mainly due to the fill required to meet the boulder Valley comprehensive plan guiding principles.

[108:00] And impacts associated with the project also increases the design flood increases over the hundred year. And that's also related to that Earth film. So it's a much larger project footprint on as you saw from those previous figures. And we also wanted to highlight just the downstream flood benefits that the project does provide as I mentioned before, life safety is a primary driver for the project. And it's important to know on this slide that even with 100 year level flood protection, it does provide benefit during a 500 year flood, as it will store some of that peak and it would reduce the flood limits and also potentially reduce the risk downstream. Okay, so that's all my presentation. As I mentioned, is just to recap, and I'm going to kick it back over to Joe

[109:02] Thank you, Brandon. And so I think those last few slides that branded presented a lot of that was was just a recap from the February 25 study session. And the last slides and and the trade offs that Council asked us to bring for February 25 as we've gone through the The public process and thought more about the project. Nothing's really changed in that trade off table. And so our opinion of the feasibility of the project and the and the various flood levels has remains the same. And so next was going to turn it over to Joanna bloom to take us through the board and public engagement process that we've been working on since February 25 Thanks, Joe. So yeah, as Jeremy mentioned I'm during a bloom and the utilities business relations manager and I'll give a brief overview of

[110:04] Community Engagement since February 25 before I started, I did just want to recognize that we received an enormous amount of feedback. In this brief presentation won't be able to capture all of the feedback that we heard and but I did include that staff included a detailed summary in the meeting materials. There are board members here that can Expand on what we say and based on the discussions that happened at the individual board meetings and then as Jim mentioned there's plenty of city staff here to answer any questions you might have. Brandon. Thanks for going through the slides, I'll just say, next slide, if I get a chance So at the February 25 study session Council asked staff to go back out to the advisory boards and to the community to collect feedback on specific topic areas. There's included flood project funding environmental impacts and mitigation opportunities, the role of the existing see you levy and climate change considerations related to the proposed floods design.

[111:07] So beginning in March staff and consultation with the process subcommittee and in coordination with the city's engagement office began preparing an in person public engagement process. And coven response required us to shift to an all virtual platform. And so between April 3 and this meeting staff has attended three board meetings has hosted an online be heard builder site and also hosted an online community information session. Notice for these meetings. Next slide please. Was given through primarily through social media sites department email newsletters, the project and the city website as well as in the newspaper in news from City Hall. Please. So that first step along the way was at the water resources advisory board where the board recommended that the variant one 100 year alternative be moved into preliminary design.

[112:09] And this recommendation is consistent with previous recommendations and there was feedback from the board that there's a sense of urgency to move the project forward. With regard to funding and the board recommended that South Boulder Creek funding be considered in the broader city wide. Context of flood needs and the board also recommended that future councils seek alternative sources of funding for the earth Ville costs related to the project design. Or to the projects and there wasn't a ton of discussion about the levy as Brandon mentioned it doesn't have a flood design impact. And the Word was generally supportive of the project approach to evaluate voluntary measures to address climate change. That being said, dissenting board opinions and did Encourage a greater level of protection given climate change considerations and dissenting opinions also asked for more evaluation time to give consideration to alternative projects approaches LM into project design.

[113:14] Next slide please. So the next engagement opportunity was through be heard. Boulder and the generally three tools available for engagement through this site and I'll walk through each of those tools to date we've had about 1600 visits to the site. The first tool that was available for participants to use was a guest book where folks can leave a comment. We had roughly 200 visitors to the site. And staff received 46 comments from 36 individual commenters and the majority of the comments suggested advancing the variant one 100 year design well. Other comments. Dealt with advocated for higher levels of flood protection consideration of project alternatives and express concerns about project costs.

[114:04] Next slide please. So I won't read this next slide to you, but I did just want to show you a flavor of the comments that we received And just remind you that all of the comments that we received on the guest book are included in attachment D to the meeting materials. So you can see all of them there. Next slide. So the second tool was a question and answer forum and where visitors could ask questions and receive a written response from staff. The Forum was open for two weeks. And in that two week period staff answered 73 individual questions which some of them had multiple questions in there, which ended up being slightly over 100 in the end. From 28 individual contributors and the graph here to the right shows the area of interest with the highest levels of interest in the areas of annexation project costs permitting and other technical flood design details.

[115:04] Next slide. And again, I won't read this to you, but I did just want to show you what the question and answers look like and and remind those listening that the be heard builder site is still up and available and you can read through all of the questions and answers and comments in the site materials. Next slide. And Brandon. This is a weird side that you'll click through that has animation. And while Brandon's clicking through those this This slide does give a slight deviation that the focus of this engagement session or this period was really to focus on flood design. However, since we had the be heard builder tool out we did want to take the opportunity to ask the community about topics of interest related to annexation to inform future engagement opportunities. So this was a real general survey that we gave people where we asked them to rank. areas of interest, one through nine. They could also enter their own area of interest with nine being of greatest interest and the numbers that you see here in the graphic show the average ranking of each topic area.

[116:13] And again, this isn't being used immediately for this engagement process, but it will help us sequence topics as we move more into the annexation process and will help us shape our engagement in the next face. To staff and attended the planning board meeting on May 7 the planning board did not take action, but they did provide statements on both flood mitigation and annexation. Like the community. The board express varying opinions about levels of flood protection. And flood project costs and the role of the board related to the project. They also stress the importance of early warning systems related to flood And as far as annexation goes, they did have a discussion about how to bring the guiding principles into a level of specificity and an annexation agreement.

[117:01] And I won't speak much to that. Now, although I knew what planning board representative is hearing can potentially answer questions related to that later. And staff also held a community information session. And this is still online and available for viewing And we provided a staff of flood design overview and we covered some of the be heard boulder themes that we were hearing and we talked about some of the engagement opportunities available. Prior to attending the open space Board of Trustees meeting South held site tours for open space. Trustees and talked about Project alternatives and environmental resources in the area just south of see yourself. And staff also compiled a video tour that is available for viewing online. And there's also related technical data packet that's available online related to environmental resources and other project alternatives.

[118:02] At the actual open space Board of Trustees meeting there were kind of two groups of feedback one Response was responsive to the focus areas that Council asked about and in those areas. The board indicated that the hundred year design was Had the least environmental impact and the board also stressed the importance of removing to see you lovie to reconnect the floodplain and also to provide on site mitigation opportunities. And the board also spent spent a significant amount of time discussing further recommendations, where they emphasize the importance of further analysis of upstream alternatives. And ask for more public engagement in time to the project designs and they also had a recommendation on early warning systems related to flood And that's all I have. And at that point I can toss it back to you, Joe. Thank you for that. Joanna and I think prior to tonight we presented a couple times to city council ones back in November, if I'm remembering correctly.

[119:08] And then again at the February 25 study session. And I think at at that time before the Pandemic situation we were thinking we would be having this discussion in May, but the project had to shift by a month to to adapt to the virtual working environment and virtual meetings, but it was always our intention to Try to get to this place where we could reach a decision on the on the flood project and really have a transition and project phases and we've been working on conceptual design, up until this point, and Depending on the outcome of tonight. And if we get a decision to move forward. The next phase would be preliminary design.

[120:01] And going back to the, the topic that Joanna covered with the public engagement, I think, at times, people express frustration because they were looking for a level of detail. And it really has to do with the phases of the project. And so as we move forward into preliminary design will be able to start to to get some of that detail. And to answer some of those questions and show a little more clearly what the project is and what the impacts and things like that are Just commenting on the public engagement process, I think in my opening remarks, I mentioned, there were both positives and negatives of doing it virtually And I think one of the pluses was community engagement event that we did virtually And we received a lot of positive feedback from that, including from people who maybe don't agree with the with the track that we're on. So that was a good thing and

[121:04] Something that when we get back to normal times we may adapt into our process going forward. The other thing I will say about the public engagement process. At each stop there have been a lot of public testimony at the board meetings, a lot of emails to the board and Council. And there are definitely mixed opinions on this project. And what we should be doing in there. What I would say is there is not consensus of what should happen, not only with the flood design, but things associated with the land use and and people have very strong feelings about it, which I'm sure That, that will be the case. Tonight, when we get to the point of public comment. So that's, that's what I wanted to say and I'm not sure if if we want to move to the the board chair input or if Council has questions, and I guess I would ask them their where we go from here.

[122:11] But Joe, thank you very much. And thank you, Diana and Brandon for your presentation. So that super helpful. Well done, and appreciate the directness of the presentation. We do not have any hands up. So I would suggest that we have the three board chairs give a quick summary of how the discussion was free to the boards. And then we can move on to public comment. And I guess I would say, I'll say it now and I'll say it again before Public comment but the focus of tonight's decision really is about flood protection. So there are questions about annexation and pill and a whole bunch of attendance. Issues that we will get to later but the focus for tonight really is about lead protection and flood design. So with that, I'll hand it back to you to bring board. The board chairs.

[123:00] And I think just going in the order that the meetings occurred. And Sarah, if we can Bring Kirk Vincent, who is the chairperson of Rap and give him a few minutes and Brandon, maybe if we could take the Presentation screen down for a second. Great. And, well, we're getting ready for that out just note that I have Mark Wallace hand raised. I think we'll do questions mark after we hear from the three board chairs. So kind of asked questions that can include anything from staff or the boards. That was my question when to do that. Thanks. Okay, great. So Kirk, we can hear you. Can you ready yeah We can see you in here.

[124:00] Yeah, you Ever a board of directors Council has the responsibility to balance the mini city needs, desires, but rabble focuses on this issue for Nearly 200 understand support the Fundament emissions of the city to chill it which is live safe and to pay attention to the customers product pocketbooks I think it's fair to say that Rab members like other engaged community members and follow the seating South debate closely and they have a variety of opinions about larger issues at play. But when it comes to a formal action we restricted ourselves to occur we focused on what plan can help protect the residents from flood risks. And do this and cost effective manner so bouncing the West Valley exposure to risk with other priorities see why. Two years ago, rap support several options. So you south, including the one it recommended again in April, name the variant one 100 100 You supported this approach because it accomplishes the flood prediction goals, consistent with the city's flooding storm water master plan has the best chance of being permitted and be built in a

[125:11] timely manner. While our 2018 decision was unanimous or discussion earlier this year was split. But I think it's fair to say that everyone on the board is consistently view lack of flood protection in the West Valley is the most glaring celebrities. Yes. That's the way we approach with actually two years ago. And again, in April and supportive parent 100. Thank you. Right, thank you. Kirk. Kirk, if you'll stay around for a few minutes we have questions for you after the other two boards have percent of X. Yeah. Next up is David and sign, who is the co Chair of the planning board, David. Great. Good evening council. It's good to see you. I'm filling in for our chair, who's Harmon Zuckerman, but he's in a meeting tonight and asked me to fill in.

[126:05] Planning Board appreciated the chance to take a look at the current state of the CU South flood mitigation approach and to help move towards an excellent annexation agreement. You're probably familiar with our role in 2015 major update to the comp plan where we were pretty involved with the guiding principles and developing the land use map. So last time we waited was in 2018 and in our may 7 meeting we focused on two key issues. And I'll just give you some feedback on those two key issues that we talked about. Here's your one was the input on flood mitigation. There were no specific or overriding concerns brought up with any of the options with regard to the BBC P guiding principles. Though it was acknowledged that there were trade offs. For example, an option may provide higher level of flood minute production, but be less desirable for its impact on open space. Most planning board members were supportive of option one 100 year if that proves to be the best direction to pursue, taking into account all the public interests involved.

[127:09] One planning board member had concerns that option one 100 year is a divergence from the board's recommendation in 2018 the flood mitigation be for 500 years scenario. And then other mitigation options be examined. However, the general board opinion was that over the last few years, there's been a lot of additional learnings and planning board did state in the 2018 motion that board preferences should not result in an undue delay in the progress of the project. There was some concern expressed by about the city covering the cost of the landfill required for the portion of the site designated as public The board would encourage staff and Council to see if this is an area for negotiation. In general, planning board does not see their role is getting in the way of progress on providing needed flood protection for boulder residence protecting life and safety is the board's overwhelming concern.

[128:01] The planning board was not asked to make a motion or vote on flood mitigation option. The general feel with one clear dissenting voice was that Option one is an acceptable 100 is an acceptable option. Kiss you to. We look forward to the annexation concepts. Planning Board anticipates to have a significant role to play and making sure the annexation come concepts result and outcomes. They're not just acceptable but desired by the city of Boulder community. There was agreement that use profiles and height limitations should be as clear and enforceable as possible in the annexation agreement. Or members felt that see you could bring a lot in terms of design guidelines, the use of technology and academic things to the table in creating compelling agreement for how the developed area will be used. In absence of a site review at annexation. The public will benefit from contractual terms that make the outcomes more predictable. There is much interest from planning board that housing makeup. A significant portion

[129:01] At the of the use profile for the site to address recognize need for senior faculty and staff to be able to live near where they work. There was discussion about the need to address transportation connections and the annexation agreement, it's assumed that primary access point is from table Mesa drive And much care would be needed to put into be put into the possibility of other connections. That there was support for extensive bike and pedestrian permeability into and throughout the site, but be vehicular access will be mean need to be carefully thought out. Word feels that the BBC P guiding principles provide very compelling roadmap to language in the annexation agreement. Addressing each one of them in order can result in contractual language that will ensure both parties city and see you are comfortable with the eventual outcomes are May seven three. So those were the two key issues or may 7 review wasn't matters, and I want to point out that While we did get excellent public comment at the start of the meeting under general comment.

[130:04] Board member versatile did express that a public hearing provides more robust format for public engagement and he asked that. To examine whether that could be done before this Council meeting. The board agree that there will need to be significant planning board public hearings, leading to the finalization of annexation agreements, since we have a strong role in creating those robust annexation concepts. We look forward to this work as negotiations move into the next phase. Thank you. Thank you. So next we have Kirk Brown, who is the Chair of the open space Board of Trustees. I think I see Kurt for what it's worth, I see a curt see your tea, which I believe is curbs name, but he's muted. But he is a panelist.

[131:07] There we go. Okay. Thanks counseling. Good evening, and thanks for the opportunity to speak to our emotions and you've got our motion. So I'm not going to read them we pass to substantive motions. The first was a recommendation that we if Council concurs we spend some additional time looking at The upstream option and the other was on the flood protection levels for variant one and I will touch on each of them. really two reasons why we recommend some additional time to look at the upstream Option one is that we received some information from staff and I want to thank both the open space and the utility staff for all the work they put into the analysis of the upstream option and doing the tours for the board. But some of the information we received was quite surprising and it suggested that the majority of the flow.

[132:06] In the hundred year flood was actually not a long South Boulder Creek, but it was quite a ways to the west and appeared to run into the south end of the car levy and so it begs the question of Well, what if we remove that levy. How much could be stored and would that make a difference for the need to have the US 36 floodwall on the State Natural Area and the open space critical habitat. So that information seems to need some more analysis and because that information and the rest of the information was received just before the meeting or during the meeting. We felt the public needed more time along with the board to digest this to understand it to have an interaction with the staff with the boards with the public to

[133:00] Better understand the questions of the public and the board and make sure they're analyzed so we proposed a period of time, maybe a month. The first step would be to get with staff and look at our work plan into motion we put together a five step process that we thought could get to An answer on whether the upstream option was viable or not. And so the first step would be to look at that work plan with staff and and see how it needs to be modified. So that's the motivation for unanimous motion to have additional time if Council concurs to look at the upstream option. The other motion directly address the question of flood protection levels for variant one and what the board is saying is, though, although we can't Endorse variant one because of its impact on opens face the way the motion was phrased it said of counsel ultimately chooses to proceed with variant one

[134:04] It does appear based on the analysis of the utility staff and the open space staff that 100 year flood protection option has the greatest flexibility for avoiding Certain impacts to the environment in terms of, particularly the length of the flood wall and then also the amount of fill that is put on oh so land. We did go on to state that under any level of flood protection for variant one it will be critical to remove the levy and restore all of the land help offset the impacts to open space resources. As I think everyone understands mitigation in the immediate project areas always desirable and in many cases it's mandatory for regulatory compliance. So, those who are recommendations. We also support it as did planning the efforts by the utility staff now to explore implementing a niche hands warning Process for South Boulder Creek.

[135:04] And I'm happy to answer any questions. So you want to finish up. Yeah. Just want to thank the Lord representatives for being willing to come here tonight. And summarize your input. That was great. It's always difficult for staff to to try and get that. Exactly right. So it's I think it's great for Council and the public to hear that in your own words. So really appreciate that. And I think, you know, we're, we're happy to answer any questions at This point and As I mentioned before, there, there clearly are differing opinions and preferences on the project. You've heard some of that from the board input. Staff feels that we have enough information to continue making progress on the variant one 100 and so that's

[136:03] That was part of the motion that we put together or that was the motion. That's our recommendation we realized there are some unanswered questions and what Kurt just said about the timing of the open space board receiving information. Is absolutely fair and so For us as staff Brendan and me, especially coming into this project midstream middle or late The open space board meeting in the tours was really the first opportunity that we had process wise to hear what they had in mind and what they were thinking about upstream And it it presented a pretty tight timeframe to turn information around and get it to them for their board meeting, so I think our ask of counsel is for direction on the variant one 100 and any other input, you might have

[137:03] Right, well thank you Joe. And thank you to the board chairs, who are here. And thank you also to the other staff Brandon and Joanna, among others, and to The public who has this has been a long road for everyone, which includes the public. So we appreciate Your dedication and your input to this. So I see no hands up. So what I'm going to do is, okay, so there's some hands. So this is questions right now and we can always ask questions after the public comments as well. So we'll start with questions. And again, the focus for tonight is really about flood protection and flood mitigation and the issues associated with that. So for questions. I have Rachel and then Mark. Rachel. I don't hate me. It's not a question. I just wanted to say I'm as part of the

[138:00] Subcommittee for process. Thank you to all the staff who work so hard to limit the delay, just one month. I know that that was A tall order, and big ask and all the departments and all the staff did a great job, as well as the board said before people take off. I just wanted to say thank you for your Efforts here. Thank you, Rachel. Mark Yeah. This is for Joe. First, thank you for the presentation and thank you for your quick response to a number of the questions that I asked on the hotline. It was very kind of you. My question for you, Joe is Will you be in a position to if we make a designation tonight to also want a parallel track to providing A USB key with the analysis and information that they've requested and seem to be Arguably desirous of receiving

[139:01] The fact that they have taken the stance that they have in their resolution. I call it a Spartacus moment of Where, where they're almost, you know, in rebellion. And I think that Their thoughts may not be May not bear fruit. But if there is a greater than zero probability that they might and provide some advantage to us, could we not get them that information and then analysis in a real time frame that that's useful to us. Thank you for that question mark. And yeah, we're willing to have further discussion on the upstream options. In many of the public events I talked about the relationship between utilities and Open Space our departments and the board and many of our projects. Are similar to this, and that we don't own about the underlying land and we've had to do a disposal or get approval from the open space board. So if we can take a little more time to

[140:12] answer their questions and evaluate the other alternatives and and have them be comfortable with the overall project direction. I think that's a worthwhile endeavor for us. I'd be very interested in in the details. As I'm sure my counterpart Dan Burke, the open space director would would be in what that process looks like and the level of effort. You Have in mind. And by the way, this is not in terms of delaying anything else. It's simply a parallel track and how much time do you think you would need To conduct that parallel and analysis. I think they're they're asking for. If I heard it correctly, a month. Another month and certainly our I think our staff team needs a little bit of a breather after the

[141:04] Sprint that we've been on to get to this point. But I think within a month or two, I would, I would not see us being able to work on a parallel track full time schedule wise we could within a month or two continue on that parallel track and it would just be a matter of Of detailing out What that looks like and How much time and funding you want us to put into it. Is two months, a reasonable time frame. And let's be candid and it's whatever it is. Schedule wise, two months as reasonable, although I don't we couldn't dedicate full time and it might be a matter of two or three weeks of staff hours to to work with the board. And just one last question. How many homes in Boulder are currently located in hundred year flood zones.

[142:06] We know the answer to that question in utilities, but I don't know it off the top of my head I know Douglas Sullivan is is on the line. He may not have that But he may be able to provide more context than I can. And the reason I asked that is because rad may not know about Equity in your projects, you know, that obviously whatever we do here is going to be very expensive and will Involve Resources that may not be then available for other projects. Are there other Drainage areas of at similar risk that we will not be able to service as well. The worse. Well, Kirk is is still here, but my my impression of their input was was really looking at the three different alternatives and the dramatic difference in cost and

[143:03] I think if you pose a question to anybody. Would you rather have a higher level of flood protection, of course, the answer is going to be yes. If, if that questions framed a little differently. And it would you rather have a higher level of flood protection if that meant other places in the city had less funds to allocate to their needs. That it becomes a more realistic question, in my opinion, more balanced question. And I think that's how staff sees it, and I believe that may have been how the board was looking at it as well. But I will, I will offer the opportunity for Kirk to further clarify if I've missed stated that Her thumbs up Yep. Mary

[144:09] Can you all hear me. Sorry, I was trying to Trying to get back To where I was. I just have a quick question. I was rereading the The motions from OSB t and their requests for analysis of the upstream motion. And I went, actually went back to Last year's or was The discussions that we had regarding the upstream option and the information was in three memos and when I compare what is in there and what the board is asking for it seems to me that a lot of the information

[145:07] Is already out there and just needs to be compiled in one place. And I'm wondering if if I have an incorrect. Interpretation of that. So, so again I can, I can Give my thoughts on what I believe in that regard and Kirk is still here, so he can clarify as needed. I think Mary what you just said is largely true and although we may have and Brandon can clarify if I'm getting this wrong. We may have shown some graphics that We're more illustrated more a flow split that happens at us 93 highway 93 and what happens during the flood. And the way we model it is a portion of the water goes under the bridge.

[146:05] As it's supposed to. And follows down the main channel of self Boulder Creek and, as everyone knows, it's a really wide flat floodplain there. And so once the bridge reaches its hydraulic capacity water starts to overflow and over top us 36 and it flows. Kind of in a southeasterly direction and it's on the west side of the of the floodplain. And when you look at a graphic, it sure looks like. A huge portion of the water. What if you just remove the levee it would flow right into the sea you self property and for Brandon and me. We just learned at that time. And during the tours. I think what the board had in mind and That was if you just remove the levee the water would flow in there and you could capture it there.

[147:04] And maybe not have any structures needed at all on open space property and you can have the whole flood detention project located within the see you self property. We have our consultants had actually done a two dimensional model flood model with the levee removed. And while your minds, I would tell you that all the water would flow in there. That's not actually what happens. And so we know at this point that there's not enough that flows into To just capture what goes in there as a small portion does, but it's not enough to prevent overtopping at us 36. And so I think That detail may be new information that the board hadn't seen or thought of before and they Potentially felt like they didn't have a lot of time to process it. And so I think the question is

[148:02] What options would that present. If you captured the small portion that goes in there. Could that eliminate a big portion of the downstream. Foot components or could you completely eliminate them are our opinion is that would not be the case, but I think the board would like to explore that with us further Thank you. And I'm just wondering if you have volumetric numbers to put to that split And if you know if that would provide some insight. Yeah, I think we have a we have some slides on this. I don't know how much detail you want to get into. But in general, if I'm remembering correctly. There's about 7000 cubic feet per second that comes down the valley in 100 year flood And roughly 4500 of it goes in that split to the to the west. When it gets to the portion of the CU levy about 800 if you remove the levy the model run our consultants did about 850 CFS goes in there.

[149:15] And they calculated the volume that goes through there and it's about 200 acre feet. So if you just captured. What went in there, naturally. That would be 200 acre feet of storage. But for Brandon and me, that would not eliminate the the variant one features we would still need them. And the total the total Volume for flood detention is how many acre feet. Brandon do it's four seven And 70 acre feet for the hundred year right now. So it's important to know that that's The way the flows workout is that's actually what would be flowing to the West Valley overflow. So there is a timing issue related to that. So our design right now has about 470 acre feet.

[150:09] Yeah, okay. Great, thank you. Thank you for that information. And then, Rachel. Thank you. I just have a question. I don't know if you mentioned that earlier again technology I'm having I'm hearing. Well, and I'm wondering, my question is, The utility of Having this research. And my question is whether the upstream retention also will have an impact on whether I'm because of that little street book open space. And I'm wondering, does that really impact, whether it will be utilized or not. The. Do you mean the strip of open space next to us 36

[151:03] Yes. No. It would still be needed. It's possible that you could do some combined storage of upstream and what we're proposing the floodwall might be less tall, but you would be introducing a new set of Infrastructure in another location and potentially new impacts and and so Definitely a conversation we continue can continue with the the open space board and I meant to When I answered the last question I gave my impression of of what we're thinking for Mary's question, but I don't know if Kurt had anything to add to that or if that was a fair characterization Yeah. Joe, I think that gets to one of the key questions and some of what we're trying to do is figure out how to

[152:05] explicate these analyses in a way that the public can understand because it is true that right now. We have sort of two data points that seem to the lay public Contradictory where we've got almost 4500 cubic feet per second that seemed to be going towards the gravel pit and then Staff saying the analysis suggests 800 is all that would get in there. And so I think that's need some additional analysis and sort of day lighting for the public to make sure that they can understand The limitations, obviously we need to work backwards from the question of How much of the flood. Do we need to store upstream before the flood wall can be removed because that's the purpose of all this, we're not We're not looking at an upstream option just to do an upstream option, it would be to avoid the need to put the floodwall into the State Natural Area so

[153:01] Sort of work back from that and I think staff have figured out what they think the answer is, it may just not be evident to the board and the public at this point and also part of the question is well, How much more can you divert from that Westerly flow into the gravel pit using some relatively Small infrastructure. Nobody wants to build a floodwall from east of Boulder Creek all the way across the valley. I think that's been dismissed, a long time ago, but looking at this new flow volumes. It just made us think, wow, We should take a more careful. Look at that. So I think that's what this is about. Thanks, Joe. Joe Who kind of call it querying on Mary's question just trying to better understand what is the new modeling Joe that you see being done and Understanding that we are in sort of a budgetary crisis.

[154:01] With reduce staff. What is the cost For that modeling. Or the time and So what what's different that you haven't looked at already that's being asked for and Away the costs associated I think that kind of remains to be seen, depending on what the What the question. Or does the public has that Would like us. It's possible. We've all just from what we've described that we've already done modeling and if we had more time to sit down and explain It that would be Satisfactory I know From talking to Brandon earlier today. Even with modern computers. This sophisticated two dimensional model that's us. When the, my understanding is when the consultant does a run, it takes days for the computer to to churn through that and so it might take them. 40 hours to do one run

[155:00] And then Another block of time in a subsequent 40 hours for staff. To review it and present it. But Brandon, I'll let you Clarify or correct what I just said. Her and I there's just a few things I think that I should hit on the upstream so We did look at the upstream so Mary's correct on that and really the goal of the upstream in 2018 when we looked at it was, could we remove the floodwall Along us 36 and that was really looking at in eliminating any construction impacts related to the wall, I would have to be on open space. And so that's what we consider and we came up with two options. So we really looked at was considered a community upstream option that was brought forth to us really trying to Generate storage on the CU South property and keeping all our infrastructure on the CPU South property and we found that we still needed a floodwall with that alternative And then our consultant also expanding that idea and looked at how much storage, could we generate on see yourself property without expanding the footprint and that still required to floodwall. So I think that's really the question we're trying to

[156:17] Answer with OSB D. We can't get Our infrastructure on in the sea South boundary and get the floodwall removed so that that's kind of a fundamental thing and that's what we tried to present. So really, it's what is the configuration that we would be looking At to do additional modeling on or is it like Joe said is It modeling we already have and I'm trying to further clarify that. And It sounds like that. Be the case. And it's just Kind of the nature of the Outreach we're doing and our understanding of what the question was being asked of us, of why that timing didn't really work out great. But I think a lot of the numbers. That you're asking for. Are there. I think a lot of the information is there and if we can answer it with the information we already have. That would be great. It would be a matter of what are we actually trying to accomplish and really do we need to do new design layout on top of the hydraulic modeling.

[157:13] To figure out how those actually impacted And if we do have to do the 40 hours modeling and follow up. All part cost of It. I guess it would be Hard to know nailed down there. But I told Joe I think it takes about 40 hours just a model, model it and then I Think as a city staff. We want to review what the results are. And also put that in a memo that could be distributed publicly as well. I don't know if It's something that if we had a Good scope, I could take The consultant and get a cost for is what I would say is I really need to get a really defined accomplish with this. Sorry, I, I would like to have a better number I just not 100% clear on what we're trying to provide at this point.

[158:08] And I'm Quickly chipping away at my calculator. Just knowing what Console going rates are Like that, and I could see. I could see it, you know, easily being 10 or $20,000 to do that. But what I will say is Going back to my point earlier of the importance of the relationship with the open space board, combined with what I feel like is really a lot of misinformation that's out there and misperceptions Of Facts. If we could spend that kind of money to clear that up and and get consensus what once and for all, on, on what happens and if that could Bring the community more together on this project. I might pay that personally

[159:08] Okay. So let's see. One thing I'm going to start with Kirk and others if you could mute your microphone, that would be great. And then I think we are ready for public comment answer any more hands up. So before we go there. I do want to point out that we've received texts and emails that Channel eight has not been working If that's the case, you can go on YouTube to see it. You can also go on to the city website and I will now turn it to Sarah Huntley, both to talk about that issue and also I'm sorry, Mary, you have something Yes, I do. I have a just one more question. Trying to trying to figure out what the scope is and what we might want to do

[160:01] On in your presentation slide 21 that has the, the, it's the project trade off summary and it has project type criteria, which includes total project costs and environmental impacts project feasibility. Among other items. Yes, exactly. That's what I'm looking at. And I would like to propose as part of something to consider from the public. Before we go to public hearing is if we were to insert in this Summary the The upstream option if that would satisfy one the open space Board of Trustees and the public would that provide some more.

[161:04] clarity on this option. So I'm just putting that out there for feedback before we go to the public hearing So Mark, Very quickly I thought that's a great suggestion married I would endorse that. Okay. So I think we're ready to go to the public hearing Sarah will talk about how pooling works. In a moment I do want to remind everyone that the decision that councils, considering tonight really has to do with web design and flood protection. So to the folks who are going to comment to this we will absolutely consider anything you say about any subject but What will inform our discussion, the most will be commentary that has to do with how the web design impacts both safely and the other considerations for the project. So Sarah Europe.

[162:05] Thank you, Sam, just to reiterate what the mayor already said Comcast is having issues tonight broadcasting on Channel eight and The other broadcast channel. They run for us. We are live streaming this meeting on YouTube city council channel as well as on our website. So I know folks who are trying to watch the TV probably can't hear this announcement. But if you have friends who are having difficulty watching If you could please share that information. We're trying to see if Comcast can put something up on the screen while their system is down, but we're having some difficulty getting them to do that because the system is down. Okay, so for tonight we have originally we have 46 people signed up to speak, we've Heard from the clerk's office that two individuals have withdrawn their name from speaking. So we have 44 people tonight. I do know there was confusion about getting the link and I want to assure people that I have gone through the list. And all but three people who have signed up to speak are physically in this meeting and will be given a chance to speak so I'm pretty confident that if you signed up to speak, you will get a turn.

[163:11] For expediency sake. I'm going to name the three people who I don't see in this meeting, because we have a lot of people in the meeting, who were not signed up to speak and I'm afraid that somebody may be logged on with a different name. And I'll need you to chat with me to let me know that so that when we get to your name. We know how to call on you. So the three people who signed up who I'm not seeing in this online space are Karen trout. Daniel Evans and Andy shorts. Everybody else who's on the list. I see you and we'll be able to call on you, one at a time. We did have some questions about pooling tonight. And the way we're going to do pooling is when we call on you if you're the individual who Is going to speak and you need to people to see their time. They need to have signed up in advance and they need to be in this meeting. So when we unmute you. You would simply say that you're wishing to pool. Tell us the two people your pool and with

[164:03] Give me a second to quickly check in with those folks to make sure that they're willing to see their time to you and then we'll go ahead and allow you to pool. If you're somebody who's pooling and you happen to be on the list before the speaker your pool and with Again, just indicate that you are exceeding your time to somebody else. And I'll make a note on the list so that we get to the main speaker. We know that we can proceed with them having some extra time. I hope that's clear. We will not need to use the raise hand function tonight because we do have a list of people who have registered to speak. Sam, I do think it's helpful if you can name the three people, you know, the first person who's going to speak as well as the two people who will be following that individual so that they can virtually queue up and prepare themselves. And then I think we just need to know how much time you're going to allow for speakers tonight. We do have quite a few Okay, very good. So with no further ado, we will turn to the public hearing at this point, our first three speakers are bill would Patricia Carden and Mike Duffy

[165:04] So, Bill, you're up. And and each person gets two minutes. Yeah, it's person gets two minutes. There are 40 plus sign. Again, two minutes apiece. I would like to pool with Pat Carden second speaker. Okay and and who else would like to pool. So I'll move to pat Carden at, who are your two we have bill would who's your other Partner Pat, you are muted you may need to go hmm Um, my understanding was I could With two people who I could see one minute to bill. You know, the way it works is if you have three people pulled one person can speak for four minutes. So either. You each get

[166:00] Two minutes. One person pool. No, no, no. No one person may not grow. In order to double your speaking time. It takes two people to see. Time to you. So if you'd like to wait and try and find a second person we could move on and come back to you. It's up to you. I do not wish to speak, I wish to donate my time to bill would Okay, bill, are you intending to speak for four minutes. Three probably You will need it. Another person. So you can have two minutes. Now, or you can have two people with you support. It sounds to me like you should go and just speak for two minutes, unless you have somebody else lined up ahead of time. I'm not going to speak. Actually, I'm going to sing you a song about Flood mitigation and the song is two and a half minutes long.

[167:08] All right, very good. Go for it. Alright. So my name is Bill would I'm a resident at the Fraser meadows retirement community and I'm going to sing you a song about flood mitigation. That is popular at Fraser these days. When we remember the great boulder flood in September of 2013 when the city was awash in water and in the most frightening storm that we had ever seen. Him were the neighborhoods around South Pole or cream homes destroyed cars and trucks tossed around While it Fraser are heroic stuff kept working through the night and they rescued all the wheelchair mile

[168:01] Were apprehensive because another flying could come and today the question, isn't it, but only when we must work together now to mitigate this thread so will never face the flooding like this again. What now six years have passed and Council still has not approved the plan. They can't seem to reconcile their points of view. Some have environmental issues, some luck road and others don't, and some just hate cooperating with. See you. Look at how we all cooperate to stop coven 19 compromising to help get each other through Your approval of this plan could save several thousand lives and we're now expecting compromise from you. Were apprehensive because another flood could come in the day. We're not much safer now than we were then so we need your cooperation here to mitigate this thread so will never replace the flood like this again.

[169:12] The rest of You wrote this song are you hearing me Should ask you who wasn't wrote this song, tell him that I may no longer be around because if you don't, okay, the very end one 100 year flood plan. I'll have to go and find the Omen higher grow. It's time to act. As you go So I take it in half is not going this year than we have Mike Duffy Michael Brown and Mike, you're up.

[170:03] Like I should be queued Evening. Can you hear me. Again, Right. That's a tough act to follow. The $66 million Council intends to approve to build a very at one option hundred year plan 25 million is earmarked for specific see requirements. sure sign of a poorly designed project includes refilling a depleted gravel mind with a million and a half cubic yards of important aggregate the cost of 10 million That's about 130,000 10 yard deliveries. If you wanted to complete that in five years. It's a delivery truck every six minutes, five days a week 10 hours a day for five years. So city staff has accepted see us exorbitantly high estimate pricing of three to 5 million for each of the replacement of the tennis courts maintenance shed and South loop road. unclear whether the city or see you will build these and how the funds will be properly managed by the city.

[171:05] But this is must be clarified before the first shovel meets the first blade of grass. Two years ago Council approved the very one 500 year South Boulder Creek flood mitigation plan, estimated to cost $35 billion. Today, we're ready to approve the option 100 year plan that costs 31 $31 million more while flood protection for West Valley residents will be greatly reduced and benefits to the university greatly enhanced As we face the real cost. The South Boulder Creek flood mitigation annexation of the property for development of a currently unplanned campus. We need counsel and staff project management to insist on living costs to ratepayers rather than rolling over for see us laundry list of improvements. So they can continue to stubbornly insist On building in a floodplain while holding the flood mitigation hostage. Thanks for thanks for the time

[172:02] And you might know we have Michael Brown and Margaret we're counting Francis, hard, hard, Michael. Hello. Can you hear me. Yes, thank you. I want to urge you to really carefully read and fully implement the terms of the June 620 20 motion that was passed by OSB t That motion makes clear that the OSB T will not provide the needed approval for the disposition of the five acres and lesser until there's a robust and complete study of the upstream detention option and parcel. Oh, so That's because if that option is feasible it reduce the impacts on very sensitive in environmental areas. There's still a lot of confusion about whether that detention is efficient or not the board was only presented analysis at its meeting on on in June.

[173:07] And it didn't have an opportunity to look at the background information that information needs to be provided and reviewed in detail. There also needs to be an examination of other creative aspects of that. I mean it. What would be the cost of excavating Additional capacity on that. Oh, so property. What's the possibility of building some additional detention ponds on that property to increase capacity. There are a lot of things that I think staff has overlooked and hurry through the needs analysis. And that's an analysis as necessary, not just to get go get OSB T approval, but it's going to be required when you go to the Federal permitting agencies to get their approval as well. The city is going to have to show that all feasible alternatives have been fully and completely studied and so that needs to be done now. Or you're going to be faced with the same situation of going back to the drawing board and starting over again like you were when si dot withholds approval for using it's right away.

[174:06] For the, for the plug prop project. So take a careful look at that. That motion fully implemented. It's going to save time and money in the long run, and it'll provide information that's sorely needed both by the public and OSB to make an informed decision. Thank you very much. Margaret, the conference is Mark. Mark. Mark Calvin. Before I pull up on the next speaker to have gotten the information that one of the groups, who's been organizing speakers tonight has sent out erroneous information about the pooling rules so There's a lot of confusion amongst people who are online, it is clear to me from looking at our council participation page, which is where people have to sign up that we have the rules clearly explained there, but there is some confusion. So I just want to make you aware of that. Very good. Well, as we now know the rules, I would encourage people who have been planning on pulling two people to work to get three people. Otherwise, each of the two people can speak for two minutes. So with that, we've got Margaret because

[175:15] You will need to unmute Okay. Am I unmuted now. You are. We can hear you. Okay, I want you to imagine that see you is already built its campus at CU south and at the variant one flood design has already been constructed Forget about the big green artist rendering that you've been seeing instead. Imagine you're driving into boulder on how we 36 northbound Is you descend into boulder. You see the flood works in the entire campus of, see you in the valley below. 1200 and 50 residences eight academic buildings tennis court, playing fields locker rooms and audience bleachers maintenance fill it facilities, even a fire station, you wouldn't see cons and green space.

[176:02] They'd only be a little of the net, state, national area left increased water pollution would pour into South Boulder Creek and there'd be increased noise crowding light pollution from sports events. More crowding, and bigger traffic jams. Is this the kind of environment sees the city of Boulder would be proud of. Now imagine as soon as you cross out Boulder Creek your view to the west with me because obscured by the floodwall required For variant one the top of the floodwall. Is it an elevation of 5364 feet just west of South Boulder Creek, the roadway, isn't it at elevation of 5370 feet. But the roadway drop steadily going west until it's 100 feet lower at the foothills on ramp to 36 effectively you're going to be driving alongside the Great Wall of Boulder. Rising seven feet above you and it would be even worse along the bike path. No mountain views no green space just traffic jams and exhaust fumes and graffiti all over the

[177:05] Wall. Is this a builder wants to introduce residents and visitors to our city. I would really like for the city to address the myriad still unanswered questions. From the public so that we can get some consensus on flood design, and I would like to see you use a whole floodplain for flood mitigation and attention. To give you open space Board of Trustees, the data. They've requested for us and follow the golden valley comp plan suggestions that an alternative site be found for see us campus. Thank you. So next we have fences hard time Markel ban and Tim Burton thanks have A GOOD EVENING Council, we, I think we all recognize the urgency to provide reassurance to people who leave their homes in the floodplain. But before you vote tonight, please consider the following

[178:00] Do direct utilities to do the work to provide to the open space Board of Trustees, the information trustee set forth in their June 3 motion. As previously requested in 2018 and 2019. This would include analysis of upstream flood detention options to reduce or eliminate the need for construction of a floodwall and open space and State Natural Area lands. Second, as you are aware, constructing the floodwall an open space lands would require a disposal decision. By a majority of the open space Board of Trustees under Section One 177 of the open space charter, understandably, it does not appear that a majority of trustees support disposal, especially in light of their requested information not yet being provided. Lastly, as a former open space trusting myself I'm deeply concerned that if ecologically valuable open space land can be destroyed for a construction project. How can boulders citizens trust that future open Spaceland will be preserved as intended by the open space charter. Indeed, why should boulders citizens approved continued funding for open space if these lands are not to be preserved.

[179:09] Let's all remember that open space is not a fungible commodity to be destroyed at will, for alternative city purposes. Thanks very much. Next, Mark Albin can Burton and been Bender mark. Hey Sam I can't see the the time ticker. Your two minutes. It hasn't started yet. And I can tell you run into Your day. Alright, so based on former mayor Leslie darkens telling the city had ample opportunity to purchase just the gravel pit next to the freeway in 1996 But it was so damn undervalued at the time as any kind of environmental piece, the open space director guess kept telling the owner know

[180:01] And kept telling council in the city manager. Don't worry, we can just wait it out and get this land real cheap those delay tactics didn't work well. Getting flood protection for South boulder residents in the creek floodplain has been an urgent issue since 2000 How is it that we're here 20 years later at the same place. We were 20 years ago more failure and even worse. We saw the devastation unleashed on those in the south Boulder Creek floodplain in 2013 then it purportedly became even more urgent yet in August of 2018 And how many years have Sam and Mary said on council that we've been discussing this, we decided to delay even further, further and study that upstream option solution that rabid city paid consultants 1.1 million had already said was unfeasible Great. When we spend 1.1 million on experts we decide to ignore what under what we could do with that cash now.

[181:06] In that same meeting Sam became a water flow engineer and poo poo. The recommended 500 year variant and lambasted staff, as noted in the Tipton report problems which seems to be carrying over tonight. Like hey do this for us. Give us your expert opinion and then just st F you. That's a great work environment for professional city staff. Then all of a sudden based on private meetings with then Mayor Susan Jones and Lucy dot director so sauna Lou that plan was off the table, no transparency, no reporting back to the public just some private meetings that we still don't know about. And in that time, the cost has grown significantly. We've delayed further and we're just using a bunch of canards to put our community at risk. Stop delaying and do something.

[182:07] Sam you're muted. Thank you, Adam. It's not a zoom night if we don't do that once. Next we have Jan Burton been Bender and redbridge Jim Good evening. Can you hear me. Yes. Good evening, Mayor Weaver and Council, thank you for your work during these difficult times. And thank you to stelae For your continued work and rework of this. See you South project. A project that is more political than it should be. Mayor Weaver indicated that the focus of this hearing is on flood mitigation and fled protection there have been 17 years and studies. COMMUNITY INPUT or recommendations and counsel decisions, yet we are no closer to the solution than we were after the last flood in 2013

[183:02] If there was ever a groundhog day, this would be for those who are recommending more studies more time, more fit dragging 17 years is not long enough, they will continue. Because they don't want development on the property. They want to keep quote unquote open space for dog walking or views they hate. See you or wish you had not acquired the property. Or whatever reasons they Agree that unfortunately these groups people And organizations. Do not have the safety of their neighbors as a priority, they will continue to demand delays forever because there's no skin off their backs, they don't live in harm's way. Health and Safety as Job number one of the city council member and in the case of coven 19 you've acted with a sense of urgency and group cohesion. Please consider the potential urgency of another flood that could happen any time isn't 17 years long enough. Please take action to protect your residents and constituents option one 100 year you know all the benefits a unanimous vote tonight would send a strong message to the community that you take flood protection. Seriously. Thank you so much.

[184:16] Next we have been Bender Ray bridge and Stephen telling them Europe. You may need to unmute Good evening in The City Council approved the variant one 500 year flood mitigation plan. It is a good cost effective plan. But see, you did not like it. In the city executed a $112,000 contract to develop three new options. The public was not able to comment on the new options until the three options were baked.

[185:00] Option one is identical to the old variant one 100 year plan, except the costs increased from 35 million to 66 million In option one. The city will now spend 10 million for Phil to racing us tennis courts above the 500 year flood plain and another 5 million to demolish the existing tennis tennis courts and rebuild them on top of the fill With respect to equity, you know, option one reduces flood protection for residents to one or two year floods, while spending $15 million to provide 500 year flood protection for seniors tennis courts. See you, and sister boat Valley comprehensive plan guiding principles requires a city to provide 129 acres above the 500 year flood plain. There is nothing to support that claim. Have you received a legal opinion on this issue. The other two options are so ludicrous, such as importing 100,000 truckloads of film to replace the sand and gravel removed from Siemens. He was gravel pit. That the only reason they were included is to make option one look good boulder should not pay to refill see us gravel pit. All three of you know options should be rejected and you should

[186:10] Proceed with the previously approved variant one 500 year plan if CEO doesn't like it. Let the world know that the University which purports to be a leader of environment and Environmental Design. Violated the most basic principles of environmental design by purchasing a flood Pong gravel pit at the foot of a major drainage basin. Removed ponds and riparian areas from the reclamation plan. Use the 6000 foot earthen lovie to diverge floodwaters around a natural floodplain. Obliterated wetlands and now is now refusing to allow a city to expeditiously develop a flood control project needed to protect residents. To learn more about the history of South Boulder Creek flood mitigation a video of the talk that I gave to the boulder community can be viewed on YouTube, just search for my name. Ben Bender VI n d

[187:00] Thank you, Ben. Next we have Ray bridge. He told me, and I believe a risk. Right. Can you hear me. Yep. I strongly urge the Council to direct staff to provide the analysis upstream alternatives that has been requested by the open space Board of Trustees for well over a year. I would also point out that the design on which staff is currently concentrating would require a disposal of open space lands. So that ignoring OSB to request. exhibits the same stupidity as the staff earlier failure to consult with si dot while then designing a structure one seat up right away. With regard to design, I would urge council to return to the one that was earlier adopted the original variant one 500 year design and not permit. See you to blackmail the city into failing to protect the residents of the West Valley. Thank you.

[188:04] You ready I'm before we move on to the next commenters I would request that we all Use our comments with respect Oh, I've been doing the best work that they've been able to give them the resources and the Knowledge that they have at the time. So if we could please treat everyone as having the best of intentions as we move forward. That would be great. Next, Stephen to lane Magdalena risk and Peter Meyer, Stephen. Even you're muted. unmute now Magdalena mariska and Michelle Travis are going to pool their time with me. So I get Okay, so Sarah, can you double check that Magdalena

[189:00] Yeah. And Stephen, who is the second one. Michelle Travis. Magdalena. Are you willing to see your time. Yes, I would. Okay. And let me check for Michelle. Michelle, are you willing to cede your time. Yes, I am. Okay. Okay, very good. So Stephen you got four minutes. Okay. Thank you for the opportunity to comment tonight. Just a little background background disclosure for some of the previous people my house was flooded during 2013 I have three issues that I would like you to consider. The first one is proceeding without resolving and unresolved critical dependency. The proposal before the Council requires that c dot wave the regulations that prohibit of floodwall connector.

[190:03] To us 36 regardless of tonight's decision until the city has written approval to make this connection, the current proposal cannot be implemented. I suggest the Council staff direct staff to stop spending time and money on further design and make their highest priority. Either pursuing a firm engagement with si dot before proceeding, or pursuing a design that does not require a connector to us 36 Personally, I believe it would be prudent for counsel to get a second engineering opinion on the feasibility of options that do not require a US 36 connector. By directing staff to contract with an engineering firm that has actual experience in natural flow flood mitigation to do the upstream options analyses and make the recommendations. So that's the first issue. The second one is downstream outflow. The current proposal directs the discharge from the detention area individually channel for return to South Boulder Creek.

[191:10] There are three major improvements to vili channel that need to be made in order to not increase the flooding risk northeast of US 36 vili channel needs to be cleared of the cattails and other growth that currently fill the channel and then have a plan to permanently maintain That open channel number two the juncture where vili channel crosses dry creek diction. Number two, needs to be upgraded to ensure that the drainage water does not flow into dry creek ditch. And flood dry creek ditch like it did in 2013 third the burn that protects the east side of Greenbelt meadows needs to be extended North So that as in 2013 the water doesn't run around the berm and flood that area because it has trouble entering this wall in Boulder Creek that that because that's where it enters Boulder Creek.

[192:11] Now despite numerous requests these upgrades and costs have not been added to the proposal phase one plans and they could create future liability issues for the city so I would also ask that the city council direct staff to include those costs in phase one for the proposals if that's what they're going to do. The third is resiliency and that is that none of these plans address the question of where does the water go when a greater than a design level flood volume. In this case, I guess 100 year But whatever that design level is event occurs. What are the consequences and what are the contingency plans. If the city council is serious about resiliency, then these endpoints scenarios and need to be addressed, regardless of the plan that was that is approved as

[193:06] Peter Schwartz would have said you need to plan for the unthinkable scenario, as well as best and worst case scenarios. Um, so that's my comments for tonight. I hope you consider those issues. Thank you. Sam you're muted. Thank you very much. Every time I take a bite of the snap and mute and then I forget. So next we have Peter Meyer Kathy joyner and Karen route. Peter Europe. Good evening. Can you hear me. We can Great. Hi disappear mayor and the coach here of plan Boulder County and tonight I have the honor and responsibility. To speak on behalf of the plan boulder board both present and going back 25 years to when you first bought the flat irons gravel by

[194:03] Tonight plan boulder asked at the City Council not ignore the years of advice of experts from Gilbert white to Ruth, right. The Gordon McCurry And to not proceed with an inadequate flood mitigation plan that puts in the interest of the university above the interest of the citizens and the utility ratepayers a boulder. Because the city council and staff have indicated willingness to essentially do a blind annexation seem South property without clearly delineated development plan. And the commitment by the university to pay their fair share of the costs of the annexation in development. As well as what has been inadequately considered flood protection plan describe this evening, do the largely due to the university resistance. We've prepared a charter amendment that we believe will define the annexation agreement for see yourself in the following ways system, the negotiations. And includes a management plan for floods up to the 500 year frequency is defined my FEMA, it requires that the University

[195:01] Of Colorado or any future owners provide or pay for all public infrastructure and services, both on and off the site. It limits developments of buildings to 87 contiguous acres of land 87 acres being the amount of land that was allowed for development. During the 1990 comprehensive plan when University purchase the property. It also includes for development that identifies allowed uses square footage by use and location of all feature development infrastructure limits height. And insist that requires that housing be as part of this development plan be permanently affordable too low to medium. Income residents as defined by the city of Boulder affordable housing program. It's going to take a number of years to get this done. So we hope that this will enable the city to have additional leverage in this process. Thank you very much. Thank you, Peter. Next we have Kathy joiner Karen trout and limbs single Kathy.

[196:05] Thanks Sam I am a former resident of kuala drive that was so significantly impacted during the flood in 2013 You've heard me as well as many of my neighbors speak to you, countless times over the past seven years about this project. At this point, it seemed just really very little left to say that hasn't been said numerous times before. So being mindful of your time. Many of the supporters of this project have decided to simply have a few of us speak for the mini And I'm one of those few I'd like to thank Council and the boards for helping to move this project along over the past seven years. I especially want to thank staff for their tireless work as well as acknowledging how very responsible, they have been to questions from the public, you should all be very proud of them. Those of us watching from the outside if sometimes had the sense that analysis of this project is an endless cycle and that no decision can or will be made to advance it farther than where it sits today.

[197:01] We are encouraged and hopeful that building on your consensus from your February study session you will be moving variant one 100 year design into true preliminary design tonight. As we know, preliminary design is where critical questions get answered, not only about the design required to meet the project purpose, which is to prevent catastrophic flooding. But also about other critical issues such as working with regulatory agencies at this early phase to minimize and avoid impacts to sensitive environmental resources. We can't know a lot about many of these significant issues, until we start to move down this path of preliminary design, please vote tonight in favor of doing so show us that you are unequivocal in your support of this effort to to protect thousands of lives. Thank you. You've got the next we have Karen Trump and then Siegel and Alexa curry know Karen Europe. Am I have no Karen trout in the meeting. And I'm that person hasn't indicated to me that they're here and under different names. So I think you can go on to lend Siegel.

[198:07] Very good. Next we have Lynn Siegel Alexa current know and Donna George when you're Gonna see who has thousands and thousands of housing that no one's going to be in. So it's a moot point, but I'm going to stick with the point that Sam said, and that is, it's all about the flood mitigation. Do not construct a dam and floodwall near 36 which will impede the natural Libyan by interruption and diversion of the groundwater distribution. This will disturb the natural lands ecosystem and endangered species that I've paid heavily to preserve with my tax dollars. Let the stream flow dredge channelized and modify the existing path of flow alternative six

[199:02] Option D eliminated phase two and three because of their expense. Putting all those folks in the later phases downstream and at risk causing the city of Boulder to be negatively impacted By the property owners depleted funds and loss of life from a severe storm event. Well, at least property owners in the floodplain and with the extra expensive insurance. The levy should be eliminated ON. SEE US dollar. After all, they got a $5 million discounted appraisal and only paid 11 million out of the 16 million value at the time of purchase. I believe the removal was in the original agreement with flat irons grab this would relieve some of the high CFS and restore some portion of the natural Libyan When it failed enough, there could be a valve out of an equal pressure depth that would block flow when filling reached a predetermined Valley volume. This would obviate the need for any additional floodwalls or damn

[200:04] There's the issue of atmospheric rivers. These are concentrations of heavy rainfall in a particular location for an extensive timeframe. Any retention or containment in the region of capture could be overwhelmed alternative six bytes simple natural preservation of build off of an atmospheric rivers, it's The 21,000 years A lot when the the 20 13,000 year reign could fit that category because of the duration of the event even less predictable than the concentrated shower in the big constant blood Thank you, Lynn. Next we have Alexa curry. Now, Donna George and Jim Morris Alexa Good. We can hear you.

[201:01] Council. My name is Alexa Kareena and I am an attorney with environmental and animal defense a Colorado based nonprofit that focuses on environmental conservation and protecting animals. We represent the interests of more than 954 boulder area residents who support the creation of the metal or open space. And protection of the adjacent cells Boulder Creek State Natural Area. We have submitted comment letters to the open space Board of Trustees and city council detailing reasons why these flood mitigation project options must be rejected, including risk under federal law. The project area consistent wetlands and critical habitat for the previous meadow jumping mouse and they use ladies tresses work in Both of which are federally protected by the Endangered Species Act under the Clean Water Act any activity that discharges material into a wetland requires a federal permit. Consultation with and between federal agencies must ensure that the permitted activities will not jeopardize the existence of the species. These processes take considerable time to complete and it is undoubted that these project options will impact both species and habitat, as demonstrated by City Council's own research.

[202:09] Both of these laws allow citizens to sue parties who are violating the law City Council must not pushed through an option that will harm be threatened species and wetland. The Supreme Court held in the seminal case Tennessee Valley Authority versus kill that the plain language of the Endangered Species Act. shows clearly that Congress view the value of endangered species is incalculable. And despite me $100 million telco damn being constructed to near completion the court order to construction to see Due to the many reasons you tell there are comment letter, including federal mandate and exposure to citizen suit liability for violation of the law. We are city council to reject these proposed option. Thank you for your time. Next up we have Dan and George Jim Morrison Harlan savage Donna

[203:00] Hi. Do you hear me. Yep. I'm mangroves in Florida prevented 1.5 billion in flood damages and protected more than half a million people during Hurricane karma in 2017 Further, their presence reduce property damages by nearly 25% and counties with mangroves, just like we don't want to do away with mangroves. We do not want to do away with the wetlands and the land that soaks up these flood events in Boulder these wetlands help protect flood prone homes from additional inundation and one acre of wetlands can store up to 1.5 million gallons of floodwater If you build on the land, it's known that you'll get a lot more runoff and you won't get soaking into the land. So my option is that As much of this land is used for flood mitigation. I believe that. See, you can put like keep the tennis courts there put fields for recreation, or for games like football or whatever. There

[204:09] And an option could be is because some people thought about swapping lands and I thought about alpine balsam. I mean, this is really close to see you. On faculty and staff because that's what they're looking at housing here if they could switch and they'd be closer and you could do much more better flood Mitigation on the see yourself property. I'm also protecting habitat. We can help the world species be more resistant to climate change and other human disturbances. They mentioned the pebbles jumping mouse and the orchid um So I also want to make a point about the older heard thing. They said there was only like 28 or 36 comments per se or out of 100 and thousand people who live in the city of Boulder. So I think we also have to comment on the letters that were written. So thank you for your time.

[205:07] Thank you Donna. Next we have Jim Morris Harland savage and then we're down to Laura Tyler because Michelle Travis full time and George personal has withdrawn. So Jim Morris Europe. Can you hear me. Yes. Okay. Um, I support the same stuff folders approach such as the variant one 500 Year Plan studying the upstream detention plan and pushing see you to go somewhere else to trade land. I agree with Gordon curry that hydrologist to study the South Boulder Creek for years and was a member of the water resources advisory board and we voted against the hundred year plan. I was on the city's advisory workman's for decades ago. We can't recreate one ecosystems with their complex interconnections between sales plants microbes and animals. Wetlands are the best way to absorb store hold and slowly release water I support trying to

[206:09] Push. See you into doing some sort of trade, maybe with a planning reserve or maybe a little private land like the diagonal Plaza. In combination with places like the Alpine balsam or other areas. Anyway, I just, I don't think we should get into. See you, who is sort of corrupt the way flat irons was trying to get around our local regulations that we had in the city. The county and the comprehensive plan they were Trying to use the fact that, see you as a state entity didn't have to follow any of our local laws. So that's the way that They could take their gravel mining business and switch it into residential real estate development at the time they wanted to get a lot more money for their property. They were even trying to offer a museum to some people to get votes of people on the city council back then.

[207:03] So that they could go ahead with building in the wetlands. So that was flat Aaron's see you sent her became part of it all. And even they haven't been totally honest sievers when he was a member of the region's made some comments in the newspaper that did not seem to be true about this particular stuff. So it was about The details of what they were going to do. Thank you. Thank you Jim in rehab Harlan savage or Tyler and Daniel Evans. Can you hear me. Yes. Okay. Say South boulder supports the 500 year design, which would provide the most protection at reasonable cost. During this time of climate crisis. As we all have heard in climate change is going to bring more intense storms to the boulder region. And that's one of the reasons why Council approved this designed to be two years ago, while the residents of Fraser meadows.

[208:10] Who lived through the 2013 flood have every right to ask for an immediate 100 year flood design. What about the people that won't get protection because we've taken the 500 year off the table. Um, What about the I think it would be about 1800 people who are in harm's way. But again, are not covered protected by the 100 year design. Anyway, my main purpose here tonight is to tell you that saves up say boulder that that left South boulder residents are beginning to lose faith and councils ability to resolve complex flood protection and development issues at CU South without destroying the integrity of our neighborhoods and creating new safety have hazards. And we urge Council not to see to see us demands that boulder pay as much as 50 million to underwrite its expansion and by that I'm talking about the Phil moving the tennis courts.

[209:09] And paying for additional road access this money could be better used to help the most vulnerable in our communities for these and other reasons we are joining with plan older To work to get a city charter amendment on the ballot this year that would set clear parameters for annexation, including, it would be legally enforceable protect for a 500 year event. Requires see you not older residents to fund the expansion and require that any housing built is permanently affordable. Finally, I will just like to say that the land swap concept must be thoroughly investigated before irrevocable commitments are made as it could be. That we have all been looking for. Your next we have Laura Tyler Daniel Evans and Claudia Tim or

[210:04] Hi there. My name is Laura Tyler and I'm here speaking behalf on this, on behalf of the self Boulder Creek action group. And first, I'd like to extend a heartfelt thanks to Joe and Brandon, you have produced excellent work under extreme pressure and there are no words to express my gratitude. And sound, counsel. Thank you for hearing me speak I'm here this evening to urge you to act today to move the variant one 100 plan into preliminary design and to stop the delay. And gosh, I'm going to go off script here. I've been advocating for this project since 2013 and so I've sat through probably hundreds of hours of meetings.

[211:00] And it's not just city council meetings. It's rad meetings. Oh SPT planning board. There was the ad hoc committee, there are many, many study sessions, there have been feedback opportunities. And I'll be honest with you, I am tired of talking about engineering and it's my opinion that the engineering conversation is actually a proxy. For this bigger conversation about land use issues in the city of Boulder and annexation. And so the question we're asking you tonight. Is can you move forward. Can you say yes. Can you be decisive about moving this part of the project forward getting closure on this part of the project so that we can move forward and, you know, get the annexation. Conversation. out of the woodwork. And allow that to happen. Allow that to take place.

[212:00] And I know that's not Going to be an easy conversation. There are many points of view. Many Ideas about how this land. Should be I believe that health and safety protecting people Is a noble use. It's an important use And I'm willing to Work with CEO to accept some change on that property to move forward with this important project. And so again, thank you so much. I don't know how much time I have left because You're done. But thank you, Laura. Thank you. Um, next we have Daniel Evans Claudia team. And we've right Daniel I'm not seeing a Daniel Evans in the meeting and nobody has chatted with me to tell me the hair under a different name. So I think I go Claudia next. Yeah. Claudia team route. Right. And Jimmy McMillan Claudia Europe. Thank you. Good evening, members of council. This is Claudia Hansen theme I live in Boulder.

[213:04] Flood mitigation at CU south is a topic that I've avoided talking about and I think the discussion has gone so far into the weeds on history and engineering that it's nearly impossible for a newcomer Or anyone without a total commitment to the issue to engage, but I am moved to speak now because even through that noise. It's clear that the discussion here has stalled and that further delays have unacceptable costs for residents in the flood zone and for the city as a whole. My first concern is for the human lives and human habitation in the south Boulder Creek flood zone 2000 plus people we keep asking to wait. I'm appalled at how comfortable. We seem to be rolling the dice with each delay. And as a person who follows a wide range of issues across the city. I'm also concerned about how much Time energy and community goodwill. This Project has been through, even in the two short years that I've been joining you're here. We don't need more knock down drag out hearings where the personalities and talking points are largely unchanged. It's trying for the people in the room on all sides additional studies are a huge draw on staff board and council time

[214:08] And while it's never in direct competition, it slows work on other Harry issues. housing, transportation, Policing and human rights. Please move forward, forward with the variant. One 100 year option tonight. And please resist the delays. The wishful upstream Studies The hypothetical land swaps. The what ifs and the if only Mine is a view from the outside. If it matters to you at all. And that is that there's no better deal or consensus on the horizon. And that the best flood protection is the kind we actually Build We owe it to the neighbors and the flood zone and other communities, whose needs are on hold. To finally approve a design concept. And move on. Thank you. Next we have roof right Jimmy McMillan and Deborah Gretchen.

[215:06] I see you here. You may need to unmute It appears Ruth might be having difficulty. unmuted. I'm going to try to unmute her on my end. It's not allowing me to do that, which suggests to me. She may be having microphone problems, maybe we could move on and come back to Ruth in a little bit to see if she can resolve that issue.

[216:02] Sounds good. So Ruth. We will come back to you. If you can get your meeting in your microphone workout. Next we have Jim McMillan ever purging and Ken by tell Jim There we go. Thank you unmuted me. Finally, thank you. Um, yeah, this is Jimmy McMillan, I'm a 30 year resident of Boulder. I'm thank you for your service to our city. I want you to keep public safety for most in your thinking. And I think 100 year mitigation is insufficient in light of exacerbating climate change and That the 500 year flood mitigation design previously supported by councils should be restored. I would support the safe South boulder recommendations in that regard. My perspective is that this process has today been largely a PR sham.

[217:11] I appreciate the ability to For the public to raise concerns. However, I see little evidence that they're being heard. A prime example is the serious investigation of upstream solutions. To augment the flood mitigation. That might be able to reduce the high hazard damn construction along Highway 36 which has many problematic elements. And we heard discussion about this just tonight but previously you know it's it's always said we've analyzed that it's done, but it has not been documented or explained. I think the open space boards recommendations are right on. With due respect, I contend that see you and some known and unknown former and current city staff are acting dishonestly and dishonorably in this process and continue to do so because some of these these issues have not really been addressed. They've been given lip service.

[218:07] And you know, it's, I, I support a lot of the comments. We've heard from others, but I want to emphasize that the gravel pit was permitted based on the reclamation Plan and gutting that plan to retain the berm remove the capacity for water detention in ponds a greatly puts people downstream at risk. And so I think the guiding principle number one. Of public safety is that my primary importance is not being displayed by the city or see you in this process or for Jim, I'm going to take a pause here and request again that people in the best of the folks that you're commenting on And that means, in particular, any kinds of is versions of that dishonesty or or other ulterior motives really don't have a lot of

[219:02] Place or impact here so you can keep your comments to the issues at hand. That would be much appreciated and not personalize it. Thank you very much. So x we have Deborah virgin can buy tell and Jim Johnson Deborah. Damn, I stopped ever in the meeting. Previously, but she's not in the meeting now. So she may have dropped off, perhaps we can circle back and see if she rejoins once we move on to some other folks. That sounds great. So we've got Deborah and And Rumor. Right. Yeah. That we may come back to a very good. Next, we can buy tell Jim Johnson and Walters, and Europe. Thank you, Sam, can you hear me. Yep. Excellent. Thank you very much. Council to summarize the CU South mega campus can be built without violation of the State Natural Area.

[220:01] We've also learned that 500 year flood protection is not compatible with the sea of self project too expensive. Too much environmental damage. We've learned that violation of the state, national area is likely an infraction of Federal law that may trigger citizen lawsuits. Council has received a 45 page legal summary to support exercising eminent domain at CU self for reasons of public safety. After years of public comment in written request since 27 city staff is still refuse to study both the upstream option. And The cu North land swap flood control option in City staff worked hard to discredit the community upstream option at the Rab meeting. I was there john Brandon did not model what the community proposed Joan Brandon generated a fake upstream option designed to fail in order to advance the CU South project.

[221:06] This was the moment. Unfortunately, the community lost faith in city engineering staff. studies done by john grant in the summer must be supervised by Independent community hydrologist to experts including Dr. Gordon with Curie Council deserves a valid upstream and a valid see Northland swap flood control study To make a well informed decision Council needs to have a cost effective choice that provides 500 year flood protection and full protection of State Natural Area only this use see North land swap And the creation of the city of Boulder Metal Arc open space can provide 500 years safety and protect the state, national area. In closing, this will provide $40 million in cost savings to protect To protect three additional folder communities from flooding. Thank you.

[222:01] Again, Next we have Jim Johnson and then and Walters, who I understand is pooling, including me short so skip over Andy and go to Don cocaine. So Jim Johnson Europe right now. Jimmy, you need to unmute your microphone. Okay, seems to be having difficulty. I'm going to try to unmute him from this end. Successful. Which leads me to believe his microphone maybe having issues, I suggest we

[223:01] Fly him somebody to try to return back to you and see if he can get the microphone issues. Worked out Good. So we have three people, Jim, Ruth and Deb, we may come back to I am keeping track of those names so we can remember to circle back Right. And then next up by an Walters, and then Don can take and tomorrow's Ella Koba and I understand that you're pooling with two people and the shorts. And I think, Kate. McCarthy. Is that correct, Yes. So Andy has already confirmed through me with me through Q AMP. A that he's pool and I just need to check in with cake quickly there with me for one moment please. Kate, are you okay seeding your time to Terry Walters Yes, I am. Okay, thank you. Okay, and you're good to go for four minutes. Great. Thanks, and my official names and but I go by Terry Walters, I live on quality drive with my husband and two children.

[224:01] We lost 40% OF OUR HOME IN THE SEPTEMBER 2013 flood and aren't risk for much more until South Korea bolted South Boulder Creek flood mitigation is reality when we bought our home 21 years ago we were not in a designated floods up. We were notified shortly after That existing flood modeling had been incorrect. And in fact, we were in danger. We were vulnerable, but the city was going to Study, how to fix it. Some may be new to this, but as Brandon mentioned, the city has been studying this an exhaustive set of Options for 17 years. I just want to say kudos to the city staff over the last two decades that have spent so much time on this. So the unique thing about our Flooding is that it was very sudden and extremely violent that night was the second day of rain or flooding in the city by that evening we thought all the flood dangerous past then we heard a loud crack

[225:00] The wall floodwater that hit our house shattered our windows with a torrent of rocks and mud. It took less than two. Minutes. Before the water reached the Ceiling in our basement. When water hits your smoke detectors. The whole house starts to screen. We watched disbelieving from above as the water snap doors in Half and destroyed everything in Its path, our street was a raging river four feet deep, with the water level over the porch. The water was rising so fast that we ran quickly. Upstairs grateful to have a second story. We were prepared to be evacuated through our roof and to lose our home. We count ourselves lucky the water stopped a few inches below the first floor. We were even more lucky that no one was in the basement watching the flood rage, it was clear that getting out would have been impossible. I'd be mailed photos to the Council ceilings falling down doors thrown about furniture crushed. We had a three foot tall river of rock stretching across a room.

[226:04] We did have flood insurance, but it didn't cover most of our damage we estimate our losses and 170 $5,000 of which less than 40,000 was covered Will be recovering from the financial impact for decades, but it also has taken a mental toll on our family, especially the kids who were 11 and five at the time. Months later, I broke down in tears at a city council meeting when city staff. So this was likely only a 50 year flood We have a 2% chance of this Happening again in any year if the water is six inches higher next time our house will be a complete loss. We won't be able to rebuild because of the restrictions on building in a flood zone. Much more important is the potential loss. Of life if the flooded broken through 30 minutes earlier my kids and I were all in the basement and likely would not have escaped. That's what still haunts me

[227:03] And yet this flood Is entirely preventable. We knew this before the flood, but in nearly seven years since we're no safer. We've dodged a bullet. Look, please don't push our Luck. My family begs you to move quickly. Please adopt the variant one 100 your mitigation design as the fastest option to secure our safety. Let's not delay life saving measures to Continue to study more Options consensus is unlikely. Those whose lives are not at risk will view this differently from those Who are in terror. Every time a big storm hits We asked you to take care of those multiple Hon. Everyone agrees, there's a risk. We hope that you make the decision now to move forward. At least in the preliminary Design. Thank you. Thank you, Terry. Next we have done coach a Hillary Martin in tomorrow's Ella Koba

[228:01] Believe Hillary Martin has withdrawn, if you are correct. Okay, so then we have done curtail tomorrow's Ella Kroger and responding, Don, you're up. Okay, thank you. I want to thank you for continuing to work to it to solution to the South Pole, the creek. Flood mitigation. You've gone to an awful lot of work. To get here in many, many years. I wish they had my support. To the wraps election. Or very 100 years I feel it will be the most cost effective solution didn't have the best chance to actually be built in protect to citizens. Thank you. Thank you. Dawn next for you have cameras our cover every Spalding and Michelle sex. I'm right, you're up.

[229:05] Likewise, I had Tamra Zelikow but it's actually different first name in the meeting, but as Ella Koba Signed up previously, but I don't see that person on the list. Now, so I will flag that person as somebody we can come back to if they rejoined doing now and the end of the public hearing Good. So again, we have Lisa Spalding a shell sacks and Aaron Wyatt, we say, you're up. You say you will need to unmute South Boulder Creek is among our highest risk watersheds. It demands prompt and thorough mitigation, but it is not the only flood mitigation project we need

[230:00] So foot. What value do we as taxpayers get for the price of the project before you in your packet. The fiscal impact of the current proposal. is estimated at $66 million, which will require an increase to the stormwater and flood management rate of 50% Or about $105 a year for the average customer when the real costs are established the rate increase will probably be at least 70 to 100% Our rate increase 7% this year which ties us with Loveland for the highest stormwater fees in the region. A 70 to 100% increase would place us off the charts and for what Most well respected water engineers who have studied self Boulder Creek recommend a 500 year plan. Rab recommended separating the earth Phil costs, estimated to be between 10 and 34 million depending on which choose From the cost of the project because it does not directly support flood mitigation. What it does support to see us desire for 129 acres of buildable land.

[231:05] In today's daily camera guest opinion Francis strip or states to see you worked with the city and county on the boulder Valley comp plans. Update and negotiated guiding principles that promise you 42 more acres of buildable land, then it was entitled to when it purchase the property. Most people consider the boulder Valley comp plan to be an aspirational document and I doubt if guiding principles are legally enforceable. But a regressive rate hike that affects economically disadvantaged citizens, the most is not fair to build a residence. The plan before you offers too little and I fear it may end up being delivered too late. Thank you. Thank you, Lisa. Next rehab Michelle sex caramel and Natalie Johnson. The show

[232:02] Another situation where Michelle was in the meeting. Previously, and I'm not seeing her on the list anymore. Okay, great. I've got her down is what you do. I'm sure to come back to, um, next we have Karen Wyatt Natalie Johnson and john Gersten Karen Europe. And can. Why is no longer in the meeting. Right. So then we have Natalie Johnson john gospel and Robert shirt. John you may need to unmute your microphone. Am I, am I have Not yet. Not yet. JOHN Okay. We're just waiting to see if Karen Wyatt is around I'm sorry I had indicated that Karen is not in the meeting any longer under that name.

[233:03] And have that Natalie Felton Natalie withdrew it previously. I see. Okay. So john crystal Robert sharp and then Kate McCarthy had pool so Kathleen Connor WILL BE NEXT, JOHN you are Awesome withdrawn, Sam. Okay alright so john crystal Robert sharp and then Gabrielle and gifts and I think will be the last person so john, you're up. Thank you. I'm john crystal. I'm a member of the planning board and I thought it would be useful for you to have a little elaboration on some of the planning board considerations that are are of interest tonight. The, the only the latest and most recent and only valid planning board decision on this topic that you're dealing with was taken on August 2 and Were the order

[234:00] unanimously adopted a motion, saying that The, the comprehensive plan should indicated with that this would be valid. For the comprehensive plan if it's designed for the 500 year flood that upstream detention be considered in the preliminary design provided For this sub conditional that it On the condition that it doesn't undo the delay the project. And the impact to the state natural landscape given weight in preliminary design when When we Consider this. Most recently, On the seventh of May. There was an informal discussion taken, but there was no formal vote. Taken by and this was not a formal public hearing so that the most Recent formal decision by planning board is the one that I just read to you.

[235:02] There, I think that it is important for you to be aware that none of these conditions that the planning board asked for has been satisfied and therefore I I would think that that should be taken into account in your considerations tonight, also. Thank you. AND JOHN I assumed. I'll just put it out there and you can correct me if I'm wrong. I assume you're speaking for yourself and not for the planning board. That's correct. You have the the Mr n sign speaking officially for the planning board earlier tonight. Great, thank you very much. Then we have Robert sharp and Gabrielle Gibson. And I think that's the last one we have unless We return to somebody So Robert Europe. Thank you for decades but experts have stressed the wisdom and need 400 year 500 year flood protection if the public entities have see you see dot the city and county. We're only seeking the best

[236:04] possible use of the land and right Away for the public. The possible plans and cost. Could be radically different. And better in past years, the analysis of statewide University need showed a need for dispersed facilities to provide access to lower incomes more ethnic groups by being closer to where people live and not the expansion of expensive cu Boulder. Now we're beginning years of cuts to all higher education funding is there a current independent analysis of state needs. We need one. See you has a mixed history of serving the public and serving some personal and special interests. The EU has unique legal powers which it has sometimes used and is using now to steamroll the greater public interests, only the state legislature, the Colorado Commission on Higher Education joint Budget Committee and possibly the governor

[237:06] Can direct si dot And rain in the and redirect. See you. self serving expansion abuse of power and gross harm to the community is the sea is the city pursuing all state assistance. I hope so. And should the city now also has great Powers through annexation, and could move from timid and slightly perky negotiations with see you, too, very strong and determined Actions to get the best nature restoration and 500 year flood control that's rightfully due to the community. Beautiful. Thank you, Robert. And then we have Gabrielle Gibson and then Sarah would be up to you if there's anybody else to return to

[238:07] All right. Can everyone hear me, I Can hear you, Gabrielle, okay. So as a student. I'm very passionate about the environment and preserving this beautiful area. I've been fortunate enough to call home for about 20 years now. I know I can speak on behalf of the student body. It's you as well that students that go here really care about the environment. Do you as many environmental organizations that show this as well. So, because of this i'm in favor of the CU North man swap for several reasons. The first is that it will protect the South Boulder Creek State Natural Area. The second is that, see you South actually violates the University of Colorado sustainability policy. Which is to be responsible and protecting the environment. Natural Resources 92% of the students that go to see you state that is important that CU Boulder has a strong commitment to environmental sustainability. 40% of the students report that they show. See you in part because of its sustainability reputation. The whole campus is committed to hire sustainability standards shown through our multiple higher performance buildings implementing an eco friendly ground and landscaping program running a cutting edge waste diversion program.

[239:11] And more all of your honorable examples of sustainability. The last reason is it looks like city council has given up on protecting the State Natural Area. Protecting downstream communities and because of political pressure from my university, they're willing to settle for 100 year flood protection. This is wrong because five years from now, after spending 66 million, we can see Frazier metals engulfed in the world water all of this created so see you can build in a floodplain. At this meeting, I asked the open space board of trustees to let city council know that you will reject any attempt to dispose of key wildlife habitat in the south Boulder Creek State Natural Area. Further, if you see fit. I asked you, you recommend now to city council that they proceed immediately with this you Northland swap Which will provide five times a safety at one third the cost, while protecting wetlands habit and then State Natural Area and then meadowlark open space. It's yourself.

[240:00] As a student, if it's you who graduates next spring. Please help my legacy knows we wanted environmental destruction, but a creative solution that creates a win for my university. A win that will keep the downstream community safe with 500 year flood protection and when for federally endangered species. Important wildlife habitat in Boulder County. Thank you in advance for having the courage to do the right thing and fulfilling your mission to protect folder open space. Gabrielle I'll turn now to Sarah and just check in, Sarah, do we have anybody who was Over six folks on one Ruth right has indicated she does not wish to speak tonight. The others have not indicated to me that they were withdrawn, but they also don't appear to be in the meeting. So I think you can probably close the public hearing at this Point. Very good. Well, with that, I'm going to close the public hearing and thanks to everyone for doing that. And with the forbearance of council. I'm going to do something a little unusual for me if it's OK with everyone. I would like to put a framework out there for the discussion.

[241:04] As far as a potential approach that may get us most of what everyone is looking for it here so With that said, here's a few thoughts that that I have. I want to start by thanking staff. Many of our public commenters also get that and I think it is. yeoman's work that staff has done so thank you Joe. Thank you. Brandon and all the people that work with you guys. It has not been as simple project. And I think you have done great work at helping move us along towards where we are now. And so that is to be commended. Because not every city staff member has to withstand the public pressure that you all do. So thank you for doing it. And for doing it with such grace. And also thank you to all the public who has been through, I would say the the difficult discussions that we've had to have. There are many values that older people have

[242:04] Which are in conflict somewhat in this project. And so it is a difficult, difficult balancing act that we have on council and that the community has as a whole. And so within this framework, I just want to come in from 100,000 feet down a little bit. I think it's worth restating something that we probably already know, but Boulder as a city has the highest risk of flood Damage of any city in the state, as I understand that we have more properties required to have the Federal Flood Insurance than Denver and Colorado Springs combined. So we are In the bullseye of the the blood risk issue here in Boulder. So it means that we have to take this very seriously in a lot of ways. I will also just say by way of introduction that we have looked at various incarnations of upstream options.

[243:02] Over the years, so I've only been involved with this project for six and a half years. But even before that they're having considerations and so I think that we have not fully fleshed out necessarily what could be available as upstream, but we have certainly As a city and the Council on the stack. We have not been ignoring the upstream issue. So I just want to put it out there that is something that has always been on people's mind even certain 20 years ago as a possibility that needs to look at That said, within the framework. I'm talking about. I think it's important for us to move this project forward. And I think we need to to move strongly into the preliminary design phase, a very one 100 year. So I think because of life safety concerns because what we're talking about tonight. Is lead protection and flood mitigation. We're not talking about see you. We're not talking about Bill. We're not talking about

[244:04] Tennis courts and buildings not talking about land swaps, all of those things will come and we will talk about them and they will be things that we have to To work through. But tonight we're talking about how to take a great engineering work that our staff has done and turn it into the next level of design and permitting So with that said, I think the first and foremost thing that I would bring forward is I'm going to propose that we do advance the variant one 100 year into the next phase of design. I will say the second element is that I think that we do need to make certain that we listened to what OSB T has requested of us. And that we have staff both communicate all the work that has been done to date on upstream options and also has Dialogue with both the open space board as well as rap to talk through what the potential for upstream options might look like that have not been considered so to the extent that what open space.

[245:13] Is requesting is not redundant with what's been done before. I think it's well worth our time in parallel. So, not in advance of and not to delay, but in parallel to have staff made an effort And I'll let staff figure what that level of effort should be, but the numbers. I heard of 40 hours or 50 hours worth of work, depending on how you talk to that. Is in the 10s of hours worth of work and I agree with what Joe said that we It's money well spent. To the extent that we can get better understanding and better consensus among our boards and our community around what is and is not possible with upstream We should do that. But we should do it in a way that does not slow us down at all in proceeding with the design and permitting issues. I think we did hear from members of the public.

[246:04] That permitting could be a bear. We heard from the open space board that there could be issues. That we need to consider as far as permitting goes. So getting started on that and moving forward strongly and as quickly as we can. I think would be really important. So the reason I'm putting this framework out this way is, I think that we can have both design. Efforts for preliminary design work moving forward and we can in relatively short order, begin to look at what might be different. Between what's in OSB tease thinking and what has been done before and making sure that both staff and our boards have fully communicated their thoughts to each other. Out further suggest, and this is an idea that I want to hear feedback on but the process subcommittee that Rachel and I sit on could manage the process around the work that staff could do

[247:02] Or what oh SPC has OSB T has requested and I think I've heard from several folks that having Rab involved would be really important with this as well because of their technical expertise. In flood mitigation. So I think that if counsel agrees we could have the process subcommittee helped work with staff and the boards through the process of how we would would take a look at what is available upstream It's important to note that the vote by open space board was unanimous. And so that speaks to a hunger for the additional information. So I don't think we should ignore that. But at the same time, we don't know if there's anything there. And so we should definitely not Forward with The preliminary design and getting into the permitting phase. So that's my proposal framework for how we could move this forward and address. I think the two major issues in front of us.

[248:07] With that, I will stop talking and listen to what my fellow council members have to say and I have two hands up. So far I've got Bob And Mary and Mark just came in. So, Bob, your next Exam. I want to join Sam and thanking and acknowledging staff for the tremendous amount of work they've done over the months over the years. This is really tough stuff and it makes it even harder when when community members have high passions and some people are less than respectful. So I do want to thank Everybody on city staff who has been involved in this, just as great work and I i think this is a tremendous milestone in what's been a very, very long process and still has a long ways to go. I agree with Sam that When one of our boards or commissions, especially on a unanimous vote needs more information to help it make a decision. We need to be listening to that we need to hear them.

[249:00] And we need to within reason to provide them that information. So I support what Sam just said that. First of all, I'm going to also support. Moving forward with the design and permitting around the variant one 100 year but I think in parallel. I think we're capable of doing two things at the same time. I think in parallel, I would join Sam and and encouraging staff. To pull together the information with respect to the upstream model that the open space board was looking for. You know, Mary made a really great point. I did the Same thing that very day I went back and looked, I actually did a word search the word upstream Through all the various memos, we received from the years I think Mary is right. I think there has been a fair amount of work. Done on at least some upstream models. Maybe the model has changed a little bit. I don't know. But there was some work done back in 2018 it's not easily found in one place. You have to look for it. You have to know what you're looking for. So I think I'd suggest to staff when the first things they can do is

[250:01] Dust off the analysis that's already been done and pull that together into one place and share that with the open space board and with counsel and with the community. To the extent that additional work and analysis is necessary. I'm also fine with that. Again, as long as it's in parallel and doesn't hold up. The work on variant one 100 and I agree that The process committee. Of Council. Which is Rachel and Sam. Can coordinate with the Staff on the timing and the Scope and getting the information to the open space. Board and ultimately to counsel, so I support this kind of two pronged approach of approving variant one tonight, but also gathering information into the extent further analysis is Is necessary over the coming months. To do that. In parallel, as long as it doesn't hold things Up and In after council members weigh in on that. If there seems to be a majority that are supportive of what Sam has said, and which I support, I'd be happy to make a motion to that effect.

[251:03] Right. Thank you, Bob. I got married mark and Aaron next Mary Thanks for that. Um, and yes, I support the framework. That Sam has laid out and the suggestions that made were made by Bob But first, before I proceed with more I wanted to thank staff and For the work All the work that you've done, and to Acknowledge that Joe and Brandon have only joined this project in the last what, six months or something. Maybe less than that and and so you taken on a huge Project and Done a great job and I'd also like to thank the members of the public for their feedback and one suggestion that I have for the public is for future

[252:03] public hearings if if you all could Not make personal attacks on people. I think that your statements would have a lot more resonance So, With that, I will add a couple things to what Sam proposed. One is to further develop Bob's idea of Putting things all in one place. I think that makes perfect sense to documented thoroughly what's been done on the upstream option and include in that that slide 21 that's got The three options. And then in there. Put the upstream option included in that document so that in the future. If this should come up again, that there's one place that folks can be

[253:06] Given reference to. So that's one suggestion. And then the other suggestion is that when staff does come back to present what's been gathered regarding the upstream option. To come back and and do it in front of a joint Rab an open space Board of Trustees meeting. And the reason I'm thinking that is because They have very complimentary roles. And I think that to have them all in one room bounce their feedback and ideas off of each other. I think could be really helpful. So, Those are my suggestions. And again, thank you all for all the work that you've done, and to the public for all the input that you've given

[254:04] Thank you Mary. I've got Karen Adam nearby Aaron. Wasn't Mark next I'm sorry, I apologize. Mark so I've got Mark Aaron Adam in nearby market. Cap liver Chopped liver Look, I think we all start from the perspective that this is a health life and safety issue we need to provide some degree of flood protection, I, I'm not sure that the hundred year Is the best solution, but it's one we can afford better than we're going to be able to afford the others. And I think we need to live in, in the real world, with respect to that. I support. Sams parallel track. I think we do need to show OSB t that respect to answer those questions. There may be no there there. But there's always that possibility. And I think we need to go through that process. And I, I hope that Sam and Rachel will coordinate a sufficiently robust inquiry.

[255:11] To satisfy OSB T one way or the other. Just a couple of other comments, you know, people have asked about the land swap I'd be very supportive. But, you know, it takes two to do business. And at this point, see who has been Unwilling to consider it. I think they're making a mistake. But until they develop greater wisdom. There's not much we can do about that at the moment. And I know we're not talking about annexation tonight, but I do want to make one statement and essentially lay down a marker. That I am not going to support and annexation agreement that contains unreasonable and overreaching terms and conditions. Such as I've seen in the two drafts so far I'm hoping hopeful that we can work those terms out and get to a better understanding and a better agreement as to what we can do. And finally, I want to share

[256:04] My agreement with Mary on the nature of some personal comments. And people who've imputed bad motives to anyone on this council, you know, you may like not like the decision we come to, but each of us is struggling in good faith. To reach the best solution for boulder. There's no perfect solution. I'm not even sure there's a good solution. There's only a choice that each of us has to make and will make to the best of our ability. And I think people should understand that and recognize that no matter where anybody falls on the spectrum of decision making in this process. Thank you. Thank you, Mark. So I've got Aaron Adam nearby and Rachel Aaron Yeah. Thanks for that. Mark, I appreciate this last words and I just build to build upon that. I think that's certainly extremely true of city staff as well. Who y'all have done a phenomenal job or recently. And over the years. And just so appreciative of the hard work.

[257:02] And it's a tough place to be, as you said, we have a very wide array of opinions, all of which are very strongly held. So thanks so much to you for persevering through this process. And so, Sam. Thanks for taking the reins here at the beginning discussion. I think this this was you generally defer to other people. But it was good to frame the discussion. So I appreciate where this is going. You know, I think we have looked at upstream options before. So understand that what OSB t is requesting right now is is a little bit different. So, you know, I'm, I'm fine with spending some time looking at this unit, a little bit of a variant that they've requested this time. But just to echo other council members to say hey let's also compile all the other work that's been done on upstream variants as well because we've seen several of them.

[258:00] And reviewed them in some detail. So I'm supportive of spending time on, you know, a parallel track as long as we're not delaying the preliminary design so that we move forward with flood mitigation. At the same time, and Joe, I thought you said it. Well, that if you have some effort on this. I mean, maybe they'll uncover something that we aren't expecting and but if it doesn't, that some some effort spent on this if it can bring The boards and the community along would be well worth the time and so then I would just offer one one message to to folks who are who are working on this and On open spaceport and others, which is to really listen to the experts on this and I have confidence that you will. But you know what comes from the engineering analysis. You know, let's have faith in our experts believe that they are working in good faith and doing the best job that they can And then taking what those results are and accepting them and you know that's for me and us as well. Kind of look at where the ENGINEERING AND THE SCIENCE TAKES US and on to the next steps. Thanks very much.

[259:11] You're we have Adam nearby Rachel and journey. So Adam Europe. Thanks, Sam. First I did want to thank Joe for being open and willing to work a little bit further with OSB t and Try to answer some more of the Community questions to get more consensus. I think that's something that we haven't always seen and that openness and willingness is really, really helpful in bringing community cohesion. So Joe, thank you for that. First of all, I very much agree with everything. My fellow Council Members have said to this point. There is no perfect solution here if we're trying to provide flood protection for every single person in the entire community, to the point where we will no longer have flooding. I think the only option is raising the city of few thousand feet.

[260:02] So until we can Get a reasonable approach for that we're going to have to do the best we can with what we have. And there are a whole lot of other Things that need to be covered with money for flooding as well so I'm really happy that we can at least move forward on this track and start knocking things off of a list for flood mitigation because there are a lot of important projects across the Community. And really, at the end of the day, we're trying to buy time to save lives with all these projects. And if we can, you know, get the necessary time to make sure that people Survive a flood event. I think that is above and beyond the most important thing Thank you. And you, Adam. We got nearby Rachel and Judy nearby. I want to thank staff for the work that you've done as much appreciated. And thank you again for being open to work with OSB it

[261:05] Really what the community is looking for in a big way. I was going to say that I will be supporting with si, si and put out the parallel tracks. But I did want to let the community members who have a deep concern for environment. Know that your voices are not going on heard really appreciate see student who Spoke and Aware he's representing citizens in Boulder. So there are council members myself in particular who are extremely concerned about His habitat. No, that's not what we're talking about tonight. I just want you to know that there are those of us who are on board with you. So I will be supporting what Sam put forth tonight, and I think community members who provided And thoughts being involved in the process. And thank you for those to the to the constructive criticism, it is

[262:00] Thank you, Mayor by we got Rachel. And then juny or job. Okay, um, I want to echo what everybody else has said about staff utilities and planning staff. We all know from the Tipton report already don't feel super supported or appreciate it so I think it's especially a warrant. When people personally attack the staff and I think it is incumbent on city council to absorb the constructive criticism or possible and Try and protect staff who are hard work and doing a great job. So thank you, staff, and also to Sarah hotline everybody who's been working so hard on these virtual engagement sessions. So I think we had outstanding staff. And this is there's no nothing's harder in Boulder, I think, then, then this project. So thanks for sticking with us, especially to those of you who are getting pummeled in emails and testimony terminate them we we see you and your worth and your value. And I'm sorry that that happened.

[263:05] And that would also emphasizes Adam just did that. This is about health and safety, first and foremost, so I'm really glad that we're going to, it sounds like perhaps have a unanimous vote, even we haven't heard from June yet on On moving forward variant one 102 preliminary design. There are a lot of people that live near me, who will sleep better tonight, knowing that we're doing that so Thank you for prioritizing health and safety on the. The second issue I'm studying upstream again has never been something that I'm Particularly fond of are eager to do so if we're going to go down that road. I think we need to put some guard rails up around exactly what we are asking staff to do And and what we're not asking staff to do so and it would also, I think, be helpful if we recognize this needs to be sort of a last last look at it. Otherwise, every two years, we could be asked to look at it.

[264:05] Again, and at some point, we just need to save time and money and not have staff have to do you know sort of go through extra motions. Because we are at a point where we have a good plan that's workable and good enough. And we just stand by our, our convictions. So from a process standpoint, this is, this would be a staff engineering Effort, as I understand it, so I would, I would think we might want to specify that it should does not would not involve public input or public hearings. Partly because we've all seen what happens to staff when we invite public hearings and scrutiny in ways that are unnecessary. So I don't know that we need to torment staff with further Public process when we're asking them to do a scientific inquiry. I think that they could do the presentations to counsel and to always be teen Rab that don't involve public hearing. So I would ask that would be

[265:04] Kind to staff and not require that I think we need to Define what is a thorough look at that and if this is coming to Sam and I just think that All of city council should weigh in on what is this. I don't know if it's not a five or what we're doing here in that, but I think we should define it pretty thoroughly. So Sam and I are spinning our wheels in subcommittee Process Group and Also, I think that there was mentioned in OSB to ask that. We involve and incorporate sort of citizen volunteers i don't i don't think that that would be an appropriate Thing to ask of staff or to have sort of extraneous people who are not staff experts working on this project. So I would be clear on that. And then again, it sounds like Oh sweetie doesn't think that what we did in 2018 was thorough. So what does thorough mean what are we asking staff to do

[266:01] I assume that we don't want them to continue to study something beyond you know 40 hours or when they hit like a real Hard, hard stop bump in the road. So if they get to something and it's not going to be permissible or it's going to be 70 million extra dollars or whatever the the You know, and the lines that can't be crossed our than they know that they can stop there. And and then again I just don't think that that we want to have like a kind of Lucy, Lucy go and meet with SPT and do whatever I think it should be city council who's saying what it is that we're asking staff to study. So those are my thoughts. Thank you. Very true. Um, we're going to uni and then Bob Thank you, Sam Yeah, I want to thank staff as well for the wonderful work that they do and it's unfortunate that we have to remind our own community members, how to express themselves, but we're not in the business of censorship.

[267:08] People should be able to express themselves. But I think as well. When I think about it is that Staff get direction from council members and also from the city manager. So sometimes when I hear people being critical of staff. I'm thinking that maybe they just don't understand that, you know, staff is really getting direction from the rest of counsel, so it's not like they just get to make that decision on their own. So, have a little bit more patience and kindness toward them. While you are being expressive and democratic, I think I wanted to add when it comes to Having the hybrid track and I really appreciate the fact that Sam brought this forward as a new Member of this Council, I was thinking I've had the opportunity to speak with Members of voice BT and also other community members and I was also concerned with issues of transparency, even as a new council member and someone who's fully support.

[268:10] Are moving forward with variant one 100 but at the same time I was worried because my understanding that they didn't get all the information from the utilities. Department in enough time to make to give their feedback. So I think this is really great. The fact that we can keep pushing forward with the Fairmont 100 but also Allowing the always BT to be part of this process. So I think that's great to have that And to show that the community that we are transparent and the work that we do. And we're not just pushing one set of values, but we have looked into all the different processes. And we are still open till this day. So I think that is great that that was brought forward. And I think another thing I wanted to mention. I know some community members during the open comments at something along the line that

[269:06] You know, similar to Until we protect all community members. We should not protect some because, you know, we live in a There's a lot of areas around boulder where there is flooding. So why protect this area. And I think that's a bit of a fallacy. We still have to do what we can. To protect some people until we have the resources to protect all so I'm glad that we're moving forward. And I'm really I think what Sam brought forward is a real compromise and I support it fully. I think everyone's spoken and it sounds like we've got some Alignment here. So let me take a crack at an emotion I jotted something down here and see if I got it right. So there's two parts to this motion I move that Council adopt the variant one 100 year flood protection alternative

[270:04] As the basis of design and permitting for the South Boulder Creek flood mitigation project and I further move the Council instruct city staff to in parallel. analyze whether the upstream model identified by the open space Board of Trustees at its meeting on June three, would improve flood mitigation effectiveness reduce costs decrease environmental impacts or increase the likelihood of receiving applicable permits and permissions. As compared to the variant one 100 year model and to report these findings to counsel in the next few months, provided that any such analysis of the upstream model by city staff not delay or otherwise impede staffs work in furtherance of the Bryant one 100 year model.

[271:00] I will second that We're good. We have emotion in a second. And then I have Mary's handout. Nevermind. What I was gonna bring up Bob addressed in the motion. Good, thank you. And then I've got Adam and Rachel. Probably know what Rachel is going to say already. But what is a few months, that part is probably important that we clarify a little bit So I'll just make a quick comment just to colloquy on that I think before we should do anything we should hear from staff because I don't know that we can sit here on the virtual bias and and know that so i guess i Just FYI. I think that we need at least to get staff time to digest this and to come back to us with some kind of estimate and parameters so that we can then give them direction.

[272:03] But anyway, that that's just a feedback to what you said specifically Adam is, I don't know if we can have more resolution tonight and what Bob in emotion. That's a fair point. Sam, but I do agree with trying to figure out some exactness what we're ended up with the, the second part of the proposal put on the table so Our ritual. Yeah, thanks for that Adam I think that oh SPT was, you know, very detailed in their motion. And I think if we are silent, then we were sort of implicitly agreeing to some of the terms that I wouldn't agree to that motion, such as the You know citizen volunteer. So I just think we need to be a little bit more careful and articulate and what we are asking staff to do because i don't i don't know if Joe, Joe. Joe and Brandon are going to go meet with SPT and do whatever they're asked or just seems that we need some some structure around what we're asking stuff to do.

[273:02] And hearing you that you want to talk to staff and maybe maybe Joe and Brandon can weigh in on it. Now, what might be helpful for them. And one of one of my thoughts here just to our agree on that, was that that would be something that we would hand to the subcommittee their work with staff to the vines. That's that would have At least a chance to think about it and to give us some feedback once they've done that so A thought would be if councils comfortable with that, to make that further definition beyond what Bob said kind of the purview of the process subcommittee and the staff and the boards themselves and to see if we can move on that so Aaron, I have your hand up. Yeah, I agree with that. I mean, I, I trust the two of you to navigate this the next steps in this process and and I think you were it's to stay within the kind of the framework that we've talked about, like, you know, with Rachel. Some of those guardrails that you've talked about

[274:08] With the kind of rough number of hours that Joe and then Sam echoed in terms of scope, you know. So I think if you keep it to that that kind of a scope and I'm certainly willing to let the two of you, you know, take it from here. Okay, so I have no more hands up at this point and we have a motion and a second. So this is kind of last call. I think the motions pretty clear and I think If we all understand it to be that the process subcommittee would add definition. We can bring that definition back to counsel for final approval. Once the process subcommittees had a chance to work with staff. In the boards and we can come back to counsel to make sure that we're not kind of running open loop and that we're giving you a report, and then you can give us direction as a council if if we need more

[275:09] Okay, so with a motion and a second. I think we're ready for a vote, unless somebody has some last words, they want to say. Okay. See none. Then I will call for all those in favor of emotion that Bob made and Mark seconded, raise your hand so that I can see it on camera. Very good. Any opposed, I don't see any. So that's a unanimous decision to move forward with Barry at one hundred As the plan of record and to in parallel, do some work with the open space board and Rab in the process subcommittee to define Of a parallel track looks like. So I want to thank all Council on event or staff again and the public for working with us on this. I'm sure that we'll hear more.

[276:04] Feedback as we go forward. But this is a big milestone. And I do think this Council has focused on the balance between the critical first line motion. Started first line responsibility of Council, which is life safety, public health and safety and also being true to the rest of our values. So thank you all for that I do the public Into the rest of staff. With that Debbie. I think we're ready for the next agenda item. Right, we're moving on to management manager and the item is emotion to call special meetings on Tuesday, July 28 and Tuesday, August. Oh. Yeah, we have matters scheduled both of those. Nights that require public hearing and direction from city council. So on the 28th of July we making the call up of Celestial Seasonings and on August 11 we have prairie dog discussion. So we need a special meeting on both of those.

[277:09] And here, can I get emotion. Moved Second, Very good. We have motion in the second call special meetings on July 28 and August 11 at 6pm does anyone object to this. Okay, very good. That's approved unanimously. Alright, next item is matters from The city attorney. I believe update on the XL sentiment discussions. I have a little PowerPoint presentation if we could bring that up. This will be a brief presentation on where we are in our discussions with Excel. And our community.

[278:00] Do we have the PowerPoint. We do tell them I'm pulling it up for you now. Thanks, Chris. Go, though we have been meeting with XL since April 20 by we I mean staff for the most part there have been 15 meetings from April 20 through this Friday, June 19 or there'll be 15 meetings, Bob and Sam and Alice Jackson have attended four of those meetings, thus far. Since April 17 also been additional internal meetings once two times a week for planning or debriefing we have to weekly meetings. To have meetings a week started on May 25 we have three three meetings with Excel scheduled this week and schedule going forward is to have two to three meetings per week.

[279:07] Community Engagement. We've been listening to communities ideas about how we should resolve this or if we should resolve this with Excel. We have four meetings that that have been scheduled to have been held already we have two more upcoming the two upcoming or Monday, June 22 and Wednesday, June 24 June 22 is specifically focused at Boulder businesses. So it's hard to summarize the diverse and really interesting community comment that we've gotten this far to take it a very high level. The Community has expressed their concerns about making sure that Excel and the city needs to climb their climate goals that any any deal include a five year opt out. If there's an opt out the hospitalization should be more certain that an any agreement that we have should be enforceable, and that there be greater local control.

[280:11] So there are five key elements or six key elements that we've been working on. It's important to emphasize that nothing has been agreed to yet between city staff and XL. We want to hear what the community thinks, and we're still working through all of this. But as I, as I said, there are these six generally and then I'll describe them in individually. First, it's important that the city understands how XL will achieve the state mandated carbon reduction goals Excel is required to submit to the State Public Utilities Commission early next year. It's planned to reduce electricity generated generated carbon by 80% from the Permission levels and to achieve this goal by 2030 and today. In addition to this plan filing Excel is shared with city staff under nondisclosure agreement. Some pass by which it may be able to achieve this carbon reduction.

[281:06] Any potential settlement between the city and XL will need to reiterate excels commitment to finding to filling filing a carbon reduction plan with the PC early next year and to fully implement that plan after the PC approves it. Second, it's important to the city that we have greater input into our local electric grid modernization boulder. If we were to acquire XL local distribution network. The city would have complete control over local distribution planning, which would be a significant driver of grid liability and resilience While such complete control is not achievable of Excel retains the network a potential settlement should lay out what input the city will have and distribution planning in the future. This could include both specifically identified projects and pilots, as well as process to the parties to regularly convened to determine new opportunities for planning experimentation and collaboration. Third one of the three R's that we've talked about is reliability and one of the many keys to reliability is having our local electric distribution lines.

[282:08] Underground where they can be protected from wind ice and snow, resulting in fewer outages and greater safety. About half the electric distribution lines in Boulder is still aerial Before the municipal ization efforts store. We were gradually underground and then mile by mile with about a million dollars of funding per year from Excel under the terms of a franchise agreement. When that last franchise agreement was not renewed in 2010 financial support for underground in the area lines ended it. Ended in any potential settlement arrangement, we're probably going to ask Excel to catch up on the Underground that hasn't been done over the last 10 years and to continue underground in the future. In addition to funding for undergirding of lines of city will want to have greater say over which lines have the highest priority for underground, which can be part of the distribution planning partnership that we just mentioned. Forth any new agreement between the city and XL should include the sharing of information by itself, the distribution planning can be the most effective at maximizing maximizing the use of renewables data is also important in

[283:09] Into to informing whether we are meeting our goals. This data could include things like peak utilization usage by segment and customer participation and renewable energy programs to name a few. We expect the cinema will include a 20 year franchise agreement replace the one that the city allowed to expire at the end of 2010 A franchise agreement is subject to vote or approval under our city charter While the community may accept the new franchise agreement as part of the settlement or arrangement. We will undoubtedly want the city to have the right to terminate the franchise's the community feels that our expectations are not being met. Therefore, we believe that would be appropriate for any new franchise agreement to include or right by the city to terminate every five years at the city's discretion. Either through a vote of City Council vote of the people. So for example in 2025 or community would have the right to decide whether to continue to sell, sell the right arrangement or terminate the franchise agreement potentially resume the city's acquisition of excels local distribution network.

[284:08] Six. And finally, so the city's five year termination right has value the party should endeavor to preserve the legal and engineering status quo. The city has made good progress over the last few years, towards the second edition of the local distribution network, particularly in obtaining fable balloons from the State Public Utilities Commission. And identifying which assets can be acquired and how they will be separated from the rest of excellence network. We don't want to lose any of that. So the parties will need to come to terms on how to preserve the legal and engineering work that has been accomplished thus far that way if the city decided to terminate the franchise agreement and To resume the industrialization effort. The city could pick up where it is today or close to it. These are the areas that we've identified in the areas that we're working on. Obviously we are still listening to the community and working to To get the best deal we can possible for the city before we bring it back to Council, I did. I'm scheduled to continue doing these updates from time to time, to the Council.

[285:05] I'm happy to answer any questions. But I just wanted to know one thing, there has been some confusion in the community about the roles that Sam and Barbara playing. I thought it was pretty clear when Council decided, those two council members should be invited From a staff perspective, it is incredibly helpful to have council members as part of this discussion. It gives the council members are closer to what other council members are thinking and close to the community is elected officials that the community that they represent. We bounce ideas off of Sam and Bob and get a sense this this will ultimately save us time in the long run. By steering us towards things that they believe will be acceptable to their, their other colleagues and acceptable to the community and students away from things that won't So I really appreciate their effort, but as you can see from the meeting list. This is a staff driven Project Santa Barbara consulting and incredibly valuable to us as part of this project, but the staff is actually leaving us. And with that, I'm finished with my presentation, I'm happy to answer any questions.

[286:08] Thank you very much, Tom. I see a hand for Adam Thank you, Sam. I have one quick question in regards to the right to terminate franchise, could the community do that at any time via a ballot initiative or is that literally only every five years. It, it's a it's a contract right that we negotiate. If the community approves the franchise, it's limited to the times in the franchise under State law. You're allowed to to terminate. At the 10 and 15 year port mark it would be a concession on excels part to agree to a franchise that had a five year out Gotcha. But there's no chance of anything in between. No. No, it's not likely. We can always ask, but I would say I would expect. It was a heavy lift to get the five years. Sure, that's a, that's a negotiating point. It's not like anyone can just come out any given year with a ballot initiative that says we in the franchise agreement, it wouldn't be allowed. Correct.

[287:07] Now that would interfere with a contract. Got it. Perfect. Okay, and then I have mark. Just a quick Question Thomas. Has there been any discussion of what happens if Community Choice legislation makes its way into Colorado. Yes relationship. Yes, there has been much discussion of that market. I Think we have not reached any common ground on it, but it's certainly something both sides are very interested in and have perhaps different views on. Okay. Go get it. Working on. Oh. OK, I see no other questions. So thank you, Tom, for that update And that brings us to the end of our agenda, I would turn to counsel to see if you have any feedback on have a meeting with or anything else we need to think about

[288:01] What if I can just chime in here. I just want to thank council for working together productively on one of our the thorniest problems that we've been working on as a community in the last few years. So really appreciate the discussion in the collaboration tonight. Did You. Yeah. Adam, you haven't had that great. Yep, I just want to take a minute and think All of Council of city staff. This is the six month mark of this new Council and we're about to go into recess, which is a pretty, you know, interesting but welcome to week break It's, it's really been a pleasure to work with everybody. There's nobody on the Council or the staff that You can't go talk to about an issue you can, you know, work through a problem with. And while we have varying views and you know ideas about what the city should be necessarily Everyone is really, really trying their best. And it's really cool to see people so committed to the work and the city and at every level.

[289:08] And I really, really just have appreciated the last six months that I wanted to say that, especially since we don't get to see each other a person anymore. That was a really valuable thing to me. And doing this. Is a lot different than that. So I just want you to know I really welcome when we get to be back in the room together and see each other and have these conversations face to face. So thank you everybody. Right now I just want to say that I really miss chicken Tuesdays. And Mark I have your hand up. And I miss for our meetings. It's all my fault. But maybe we will get back to that someday in the future. I want that a second what what Adam said, you know, we do have different views we come at these issues from different places, but we have dealt with each other cordially respectfully.

[290:04] And we really couldn't ask for much more. I'm just very pleased with all the members of council and how we've dealt with each other and you know the Degree to which we have tried to accommodate each other and you know come to some consensus on difficult issues. So I'm with Adam on this one. Thank you, Mark. You what else Mary Yeah, just real quickly, I, I wanted to echo what everybody's been what everybody has said so far, but also wanted to add that This six months at them have been extraordinarily challenging it is by far. The hardest year that I have had on council. I mean, just what we're going through just

[291:01] The chaos in the world is Is both good and very difficult so Anyway, just wanted to put that out there so that if anybody's feeling stressed out, you're not the only one. Okay, thank you. Mary, Rachel. Did I see your hand up and I do see You did not. I would agree it's been it's been a hell of a six months, though I Also enjoyed working with everyone and I will be around over you know recess so maybe, maybe there's in real life. How West pearl meetups Yeah. Yeah, so I really appreciate Adam, what you said and I really agree with everything you're saying about how well we're working together and Mary in in the most difficult of times I think every month of this year has been longer than my previous year any previous year of mine on Council.

[292:06] But all that being said, I'm still going to be glad to not be spinning Tuesday night with you all for a couple weeks so enjoy the time off. Yeah. And thank you all for all the hard work you each put in, you know, any new Council has to learn how to operate and with for new members, we've had to really get to know each other pretty quickly. And we were thrown right into the fire for sure with The challenges we've been facing. I'm going to turn to staff as well and take thank you as hard as it's been for us probably harder on staff. So thank you to staff for helping us make it through this very difficult time and my fellow council members, thank you for all your hard work. I will continue to endeavor to get us out by 10 but some meetings, such as possible. So everyone enjoy your break Staff Council and thank you for a good meeting tonight and see you in a few weeks. Thank

[293:07] You Everybody Happy recess.