October 20, 2020 — City Council Regular Meeting

Transcript

Captions from City of Boulder YouTube recording.

[0:02] [Music] [Music] [Music]

[1:52] yourbody is joining the meeting

[2:00] [Music] all right I think we are all here so it is six Chris are we ready to go yep we're good to go okay very good I will gavel this meeting to order welcome everyone to the October 20th 2020 regular meeting of the Boulder City Council we have one announcement tonight that announcement is that the city of Boulder has decided to fill two open ex officio positions on the Cannabis licensing Advisory Board these two non-voting positions will advise The Advisory Board will be appointed to fiveyear terms beginning retroactively to April 1st 2020 and are intended for non- City residents we will begin

[3:00] accepting applications for this board beginning Thursday October 22nd 2020 and ending November 12th 2020 if you are interested in applying for the Cannabis licensing Advisory Board in these roles please visit the city boards and commissions web page at bouldercolorado.gov boards DC commissions and I also Sam can I just clarify one thing sure I think the script said that it was we were looking for non- Boulder residents is it not in fact the case that we're open to non- Boulder residents but they're not necessarily specifically tailored to them I do not know I don't know the requirements of that position we can clarify that as we go forward what I was going to say is I anticipate that there may be further discussion of this item under matters for mayor and city council so I think we could bring it up there clarify that and I think at least one council member wants to discuss the board appointment itself so um we will return to this uh item under Matters

[4:01] from mayor and city council but if you're interested in this board um please just let us know and we'll clear up the the requirements for the exit members so I think um Debbie we're ready for roll call council member Brockett present friend here Joseph here Nagel here stick present wallik present Weaver here Yates here young present mayor we have a quorum thank you very much Debbie uh the first order of business is going to be a motion I'm GNA ask for to amend the agenda um the first item would be to add item 1B for a fire update under the call to order section and then on the consent agenda remove item 3B which is

[5:00] consideration of a motion to accept um the study session update for election preparation that's not ready yet but then to add back in as also as item 3B consideration of a motion to approve confirm and extend the city of Boulder orders related to the Declaration of a local disaster emergency and the creation of an operation Center issued by the city manager on October 18th 2020 regarding the Calwood fire and other Boulder County wildfires so we can discuss this also under item 1B so could I get a motion to amend the agenda second okay very good any opposed to amending the agenda seeing none that motion passes and the agenda is amended and we will move on to the next item okay first on the agenda tonight we have a declaration very good and I think

[6:01] I'm going to read that and so this declaration tonight is honoring Jane bram's service to the city of Boulder in 2008 the city of Boulder had the great Good Fortune of recruiting Jan Bram as the new city manager in the 12 years since then Jane's leadership and faithful service have been a constant source of strength and inspiration for the city during her impressive career Jane built a long list of Legacy achievements including but not limited to flood recovery moving forward the development of Boulders unique subcommunities bold climate actions and commitments completion of the US 36 multimodal Corridor building the regional fire training center growing Reserve funds to protect the city's future implementing a new oversight model for policing enhancing data integrity and government transparency and bring bringing Municipal Broadband

[7:00] services to the city the Cornerstone of Jane's management approach is undoubtedly kindness which is woven through all of her words and actions leading with empathy and through work with local and National Partners chane has prioritized making Boulder an inclusive environment for all particularly diverse gender and racial groups ongoing collaborations with the government Alliance on race and Equity Annual Pride events like rainbows over Boulder and other alliances without Boulder County and civic pride have offered more protections and created a more welcoming Community for everyone to enjoy under Jane's leadership Boulder's open space system was expanded and enhance over 3,000 Acres were added to the open space Holdings including acquisition of three of the area's most iconic and historic properties Shanahan Ranch known as the city's entryway along Highway 9 3 the 440 acre liping cot

[8:02] Ranch and the 600 acre Boulder Valley Farm protecting a major stretch of Boulder Creek she oversaw Department Plan developments such as the west and North Trail study area plans that identify and guide critical Trail needs in the first ever open space master plan perhaps most Visionary Jane led the establishment of communication between Boulder and the 13 tribal governments representing the indigenous populations who lived in or had connections to the Boulder Valley before being displaced including the northern and southern Arapaho she worked to develop Boulder as a premier destination attracting wonderful events and providing diverse Recreation opportunities following the devastating 2013 flood the Civic area master plan presented a chance to leverage placemaking in the area's Redevelopment with Jane's Guidance the

[9:00] Civic area has transformed into a major convening space which now hosts a variety of events and Recreation opportunities furthermore this last summer the city opened the Scott Carpenter pool which had been newly enhanced into a unique facility offering a variety of aquatic features for the community Jane's strategic foresight and Direction have shifted the organization into new alignments she pushed to integrate a new values structure into the city's mission and vision and brought Focus to celebrating the strength of these values in individuals and teams across the organization through years of iteration she has supported key transformations in departments like Communications and engagement Innovation and Technology climate initiatives and Community Vitality changes in these departments have enhanced their operations made them more resilient and enable a them to

[10:00] better serve our community another one of Jane's skills and passions is helping people grow and cultivate their talent High Achievers are attracted to work for someone like Jane and under her mentorship they have the chance to learn and develop into the leaders of tomorrow in particular Chain's advocacy and investment in the workforce has elevated many female managers in local government which despite significant progress remain a male-dominated Management Field James decorated past and local government strong connections locally and abroad and her ability to balance diverse perspectives have afforded Boulder with an exceptional leader to address a variety of challenges from economic downturns to fires and floods James Swift actions in confident Direction have position the city well for Disaster Response and Recovery as an international pandemic mic swept through the world many

[11:01] communities lacked decisive leadership in Boulder however Jam's decisive and proactive guidance have positioned the community well to respond and adapt to our Chang environment with the ever involving Community needs related to the covid-19 virus Jane used data and Decades of expertise to make continuous adjustments to services and approaches for the needs of everyone in Boulder despite the trauma and Chaos Jane remained Vigilant in her service to the public and kept a much needed open mind to the changing world around her from local to International levels her peers have selected and recognized her outstanding performance in this year alone Jane was recognized as the city manager of the Year by the Colorado city and county management association and served as president of the international City County Management Association I ation one of the highest honors in the

[12:01] local government profession we the members of the Boulder City Council recognize honor and appreciate the service and significant contributions to the city and Community made by Jane and declares Tuesday October 20th as Jane bringham day and urge all members of our community to recognize this special occasion Jane it is been a pleasure to serve with you thank you so much for giving your time and all of your talents to our community and I wish you the best of luck in your coming retirement and your near adventures and I would now ask for Council Members let's all cheer yay thank you so Jane just imagine an entire room standing and applauding because that's what would be happening right now if we were in person I will imagine that thank you right and if council members would like

[13:02] to raise your hands I'd like to offer council members the opportunity to let Jane know um their thoughts about her service I don't see any hands up there we go Mark why don't you start and then Adam and me or by okay Jane it's been a pleasure to be able to work with you during the past year I'm going to miss our conversations and your C perspective on the issues that we deal with on a weekly basis like uh most new members I expect when I came on to the council I felt I had answers to all of Boulder's problems and was ready to solve them little did I know how little I knew and how much you and all of our staff knew about each and every issue that comes before us I'm grateful for your patience and assistance to a rookie council member your service to this city has been long and meritorious and your retirement is well earned I hope that after the completion of our national

[14:01] exorcism on November 3D conditions will eventually return to a place where you can travel and enjoy yourself in any manner that you see fit thank you for what you've done for the city of Boulder and for all of the people who live here many thanks thank you Mark thank you Mark Adam I'll keep this short like the amount of time we've been able to serve together but uh I I can say that I really appreciate um so much about you um even though we may disagree some sometimes on policy you uh you really really show up at all points and not everybody does that and I really really appreciate that about you um you've never once been dismissive you always listen and you always take you know I think all of our um ideas and tell us the honest truth of what of what you

[15:00] think about them and I really appreciate that in a leader that means so much and um and I just wish you all the best going forward I I was really happy that you know we could even spend a little time together in service so thank you and I wish you the best thank you Adam I appreciate it great next we have miror by Aaron Rachel Mary and Bob hereby Jane I just wanted to thank you for all of the advice you've given me over the past almost three years now and really appreciate you taking the time on Sundays when I usually had some time to answer emails and catch up I'd always message you and promptly without delay you would you would be there responding to my emails and I always felt badly because I didn't want to bother you on your Sundays but there you were and so as Adam said you always showed up and um I think it's been incredible to see such a powerful female leader for our community and it sets a wonderful example for younger Generations uh upcoming gener generations and so we

[16:00] just want to thank you for the outstanding work you've done for the community and it's been an honor to work with you and have you have such high honors yourself with being a leader within the local government structure so we wish you the absolute best and um so much F thank you so much be appreciate it thank you Erin well Jane thank you so much for what you've done and um it's been such a pleasure working with you and I have learned so much from you over these last however many years it's been um I don't know what I would have done without your leadership to rely on and um your answers to every question that anyone ever has uh or if you don't know the answer you quickly direct us immediately to the person who has it and so it's um you've enabled um every accomplishment uh that that we have done as a city in in these last many years and um you know none of us on Council have ever served without you at the city manager Helm and

[17:02] I don't know what we're going to do without you it's going to be as if you're a bunch of kids and suddenly your parents are like oh we're we're leaving you just you guys figure this out on your own um I'm not sure quite how we're going to pull that off but uh we'll do our best uh but it won't be the same without you uh so many good wishes for your next stages thank you so much Erin you I know you'll manage however okay Rachel thanks Aaron um um Jane the community has been very lucky to have you at the helm this past decade plus um and for me personally I um overlapped with you as a constituent quite a bit and then as a candidate and now as a council member and at every at every single phase and kind of way that I presented you were always accessible and communicative and warm and I've always been just grateful that you are who you are as a person and as a leader um like mirab and Adam said you were always

[18:01] prompt um today I texted you and like 30 seconds later I had some information I needed um I don't know how many people could be as um as as dedicated and present as you are so I'm grateful for that um like Adam said I'm I'm really sorry that our time together has been so short I told you I've got some abandonment issues this is really a bummer on a personal level for me um but I'm grateful for your role modeling for your guidance for your gracefulness in this position um and weathering all the storms that have been thrown at you you will be greatly missed by me and and the community and everyone on Council um I hope that you will stay in touch and that you really enjoy your retirement years thanks thank you Rachel Mary Bob and juny Mary dear dear dear dear Jane um you know I really couldn't

[19:01] decide and I'm getting all choked up but um I couldn't decide between comparing you to the calm humble and quiet person um that um Captain on Sully you know the guy who landed the plane over the Hudson to compare you to him or to compare you to a rodeo clown but wait wait wait wait wait let me back up um so our own um Patty limmerick who um is State historian and and um runs the center of the American West wrote A Blog that is titled My Heroes Have Always Been rodeo clowns and here's an excerpt and why I landed on the rodeo clown once rodeo clowns see that a riter is in big trouble Tangled in his gear while the animal beneath him is twisting

[20:01] up a storm the clowns don't hold themselves back they head straight into the epicenter of trouble putting themselves at risk to distract the bull and do everything imaginable to rescue the riter Jane you've been Boulders steadfast rodeo clown for 12 years thank you thank you and then we've got Bob and juny Bob well Jane um Sam in the Declaration read um a long um and appropriate list of accomplishments and of course there's many many more things that you and your team accomplished during your 12 years but there's one word that Sam mentioned very early in the Declaration which I think epitomizes you and and how you treat people how you've LED your team um and what you've done for our

[21:00] community and that word is kindness and when I think of you I always think of kindness and so like Mary I want to read something that reflects your kindness this is a poem called All That Matters by Edgar a guest when all that matters shall be written down and the long record of our years is told where sham like flesh must perish and grow cold when the tomb closes on our Fair Renown and the priest and Layman sage and modled clown must quit the place which they dearly hold what to our credit shall we find in scrolled and what shall be the jewels of our Crown I fancy we shall hear to our surprise some little Deeds of kindness long forgot telling our glory and the Brave and wise Deeds which we boasted often mentioned not God gave us life not just to buy and sell and all that matters is to live it

[22:02] well thank you so much Jane thank you Bob and juny I don't really like goodbyes and everyone's already said everything that needed to be say I just wanted to say it has been a pleasure working with you for this short time I wish it was longer but it is not and I wish you well and have a wonderful life and I hope to bump into you in Boulder around Boulder so thank you for everything you've done thank you juny I appreciate it so okay so so I'm sorry to interrupt Jane we have a few more special guests tonight so I would like to um get started with Council just briefly the first special guest that we're trying to get on tonight is Suzanne Jones technically Suzanne Jones can't address Council um for a year after she's gone

[23:02] off and so I'd just like to make it clear that Council agrees that we'll suspend that rule so Suzanne can speak to us um is there anybody who objects to Suzanne being allowed to speak seeing no objections I will turn now to Sarah and see Sarah is Suzanne ready to go suanne I brought you in via computer if you wish to turn on your video and I understand you're on the phone to actually speak I've toggled it so that you can unmute yourself if you need to speak via phone yeah we can't hear you on video but you should be able to unmute on phone what's the magic unmute incantation Sarah star six maybe on your telephone if you can't unmute can I try I'll just do there you go we can hear you excellent hey thank you thank you

[24:00] guys for letting me uh come out of hibernation early for this special occasion and I knew that Jane Bram day would you know eventually come but I gotta say it's GNA be really hard Jane to imagine the city of Boulder without you as the manager and it's sad for a lot of us and like Mary I think I might choke up a little bit but um I want to thank you from the bottom of my heart um and I know I speak for so many others in this city um to thank you for your years of commitment and dedication to the city of Boulder you have left an indelible mark on our city in a very very good way um you have played team ball with numerous City councils over the years working on so many issues many of them intractable that will be Works in progress forever whether it be homelessness or affordable housing or diversity inclusion and yet we're able to make significant notable progress on so many of them and

[25:02] Sam Read in his resolution so many things that we will think of um that were transformative that happened during your tenure but my list and it's long I'll just note whe whether it's us36 or climate leadership or open space or parch and wreck improvements or Universal zero waste ordinance had to bring that up um there are so many things that wouldn't have happened without you and um because of you Boulder uh continues to be a State national and even an international Pioneer and leader on so many really relevant issues and so you've really helped put and keep Boulder on the map but I think even more than important than the the issues that you worked on was how you led and there's so many behind the scenes things that you did that maybe aren't that sexy and didn't get in the news but things like performance-based budgeting and uh well hiring the best and brightest City staff um working on inclusion um embodying our public

[26:02] process um fixation here in Boulder making sure it worked you did so many of those things so many well so many in so many ways you did them so well and I I guess in addition to kindness which I think is absolutely accurate I think of you as epitomizing professional leadership and exceptional competence and as another uh female leader I took a lot of cues from you I learned a lot from you uh we have all benefited from your Steady Hand at the home and I guess I'll just note it hasn't always been easy or fun being in your position and yet you've always been calm Under Fire and have led with um a real humanity and I think a belief in goodness in other people that really has shown through and certainly me as mayor your your office door was always opened I think your mind was also open to all kinds of ideas and possibilities and you honored other

[27:00] ideas from other folks um and I'll just say there were a few Council meetings where at some point in the middle of some really hot controversy where I wouldn't turn to you and say Jane what do you think and um I was always glad I did and you gave Good Counsel you're a very wise person so um thank you again for all that you've given to Boulder thank you for all that you've given to cities across the United States and frankly the the world in terms of your model as a city manager um you've done some good stuff you um anyhow thank you and I hope that now you get to enjoy some of the fruits of your labor thank you Suzanne that means so much yeah thank you Zan and now we have another ex- mayor Matt applebomb there you are Matt okay yep we can hear you all right hi everyone H thanks for letting me join you to

[28:00] celebrate Jane's remarkable 12 years as our city manager I don't usually read stuff but I want to get this right so I'm going to uh I was on the council that selected Jane as as was Susan Osborne um and she was my first choice and my only choice I might add since she was so clearly the best candidate and then as we watched she became the best city manager during the 40 plus years but I've been working with our local government now as you know being Boulder City Manager isn't exactly easy it's great that we have a smart engaged citizenry but that means we take on a huge variety and quantity of complex issues and while we've always argued over priorities and policy and process well just like the outside world even we here in the boulder bubble I've gotten awfully testy and angry and even offensive to Jane and her staff far too often both our residents and unfortunately

[29:00] even we council members at times and yet chane is always always risen to the occasion while kindness is indeed our Hallmark so is resilience with a faced with yet another impossible deadline or a recommendation sure to displease many or a real disaster like the 2013 flooding or approaching wildfires or The Surreal pandemic that has upended our lives and our city finances chane always says strong and hopeful and determined to do what is best for our community I was lucky enough to serve with Jane for nine years including almost five as mayor and boy Jane without you I would have been even a worse disaster as mayor and I cannot overstate how essential she was to our many successes and accomplishments as well as overcoming our many challenges and as was noted in the Declaration her her superb selection of senior staff reinforces the critical

[30:01] role she has played and how she has helped shape our city for over a decade so it's truly my honor to be here tonight to thank and celebrate Jane for her incredible commitment and dedication her kindness and her resilience and one final descriptor perhaps the most important her Integrity thanks so much Jane get some much deserved rest and then may you find other challenges to meet and mountains to climb love you Jame thank you Matt right and we have one more special guest and that's another former mayor Susan [Music] Osborne Jane are you there we can hear you hi um I just uh Matt took some of my thunder um I'm so proud to be part of

[31:02] the city council that hired you um and as Matt said for him for me Jane was my first choice and my only choice um after a you know a long and extensive process looking for a city manager um I before I was on city council I worked as a staff person in the planning department and um had known five I was thinking today I it's either five or six city managers besides Jane and um I have to say Jane um well first of all she is the only female city manager the city's ever had and um that was part of what was so wonderful about hiring a person who then became so much a part of all of the work that we do here um I I think that

[32:03] um I admire Jane and um second everything that's been said before um I guess the couple things I'd add to the to the descriptors um Not only was she confident and honest and so much Integrity but I loved the fact that she had very little ego and I have to say that wasn't the case with many of the city managers that we had um fair to her staff people beloved by most of her staff people um and um always fair and always kind um and and I think probably we can all say how um working with Jane on a professional level is one thing but it doesn't take long before you also become a friend and um Jane I hope I see you you um here and there um after your retirement and I look forward

[33:02] to it congratulations thank you Susan thank you so much great and I would just like to step in and say one last thing before we turn it over to Jane these three Mayors represent many councils and so while not every council member could necessarily show up tonight and say how much they appreciated working with you Jane I'm sure that all the council members who served with all these mayors um really uh appreciate the time and the effort that you put in to make the council's work so Jane what do you have to say to us so thank you so much you know I expected everyone to say nice things about me but I have to say that this has been really overwhelming and so so meaningful to me um I am just incredibly grateful to have had the opportunity to serve the city of Boulder um as we all know Boulder is certainly a special place and it's been an honor to

[34:02] be the city manager here when I took the job 12 years ago and of course Matt and Susan remember those days I hoped that this would be the Capstone of my career and it's been that and so so much more what was really unexpected as um coming into the city was how the residents of our city are themselves such leaders in areas of public policy the pressing issues that we faced of climate change resilience sustainability care for our most vulnerable in the community and racial equity and that doesn't happen everywhere I can tell you from my experience and it's just exhilarating for a city manager to work in a community that cares so much and some would say so loudly um what has been honestly the Highlight for me has been working with the people in our organiz gation while I'm certainly proud of what I've accomplished here and so many of the

[35:01] things that you mentioned are just sort of not my accomplishments but the accomplishments of hundreds of other people the the real heroes in our organization and our world are the Frontline workers who show up every single day to make our community safe and healthy and fun um we have a team of passionate leaders throughout our organization who are eager to demonstrate their considerable skills and a team of Department directors many of whom have been nurtured by our organization who are the best I've ever worked with and they're ready to take our organization and our community to an inspired future I've had the privilege of working with such dedicated City Council Members over the years people like all of you and our three Mayors who care passionately about our community and all of you have given so unselfishly of your time and your energy energy to care for the welfare of the people of our city as elected officials you're

[36:02] doing so much and you deserve all the credit for struggling through the naughty policy issues that distinguish Boulder as a Leading Edge City I'm going to quote my dear friend Matt applebomb who used to say we fight above our weight class on most issues and it is extremely gratifying as a city manager to work in an environment that encourages that kind of creativity I know that Boulder will attract the very best candidates to the position of city manager and it's time for new ideas and Visions to take our city to a new level as we grapple with the two overarching issues of our age climate change and systemic racism we have the inspiring leaders both in our organization on Council and in the community to make this so and I look forward as a new resident of the city to seeing the great work that you all do together so thank you for the many dear

[37:00] friendships I've made for the good trouble that we've caused and for the high honor of serving this amazing Community thank you thank you so much Shane and thank you to the Mayors and everybody for coming in everybody thank you all right now on to this is when we have the party right we don't have a meeting or anything I know let's have a party that would be nice unfortunately our next item that we have to move on to is the fire update so Jane and That's Not Gon to be me I asked Chris meschuk uh to take that one tonight so Chris it's you thanks Jane um so as as Council and everyone is aware there were two wildfires that occurred uh this weekend that started the Calwood fire and the left-hand Canyon fire so just to um give

[38:02] some quick stats about um both of those fires and their current status and then a little bit uh what I'd like to cover is a little bit of the city's role um and then on the agenda item that you have before you tonight so first The Cow Wood Fire currently is at 9,365 Acres um and is currently 17% contained there are 255 uh uh Personnel fighting that fire um and the leftand canyon fire is currently at 470 Acres with 4% containment there's 115 Personnel um working that fire both of those fires the cause is still under investigation um the the incident management team and the the firefighters working the fire made good progress today they said um on the Cow Wood Fire there were containment lines on the east and west ends of the fire um that were solidified on the leftand fire the containment lines were on the south side closest to the structures near the fire um folks will will not that there was a

[39:03] fair amount of smoke in town today that was due to the wind they do expect similar conditions tomorrow um and there's been some flare ups Inside the Fire perimeter which they were expecting none of those have crossed any of the containment lines um which they're happy about um the damage assessment and debris management work is underway now um and they're working on re-entry planning uh there 's a community meeting 30 um that's going to be streamed online um in terms of the the city we have a significant number of staff that are engaged in assisting on the fire and the Emergency Operations including fire police open space and Mountain Parks housing and Human Services Planning and Development Services Public Works utilities Public Works Transportation ITR Communications and engagement and probably more that I don't even know about um so I want to thank all of our officers and firefighters and our red carded osmp staff for their direct response as well as all of our staff

[40:01] assisting with evacuations and in the Emergency Operations Center we also have employees that are affected by the evacuations and we're supporting them in as many ways as as possible the Community Foundation of Boulder County has also set up a fund to accept donations to assist those impacted by the fire uh the United States forest service is also using the boulder municipal airport as a temporary aerial firefighting base for helicopters so there are three heavy two medium and three light helicopters um and then support Personnel that are now operating out of the airport um as uh Sam noted in the amendment to the agenda um the city manager has issued a disaster declaration to support this response um and we're using the fire training center and the boulder Reservoir as a command post and an operation Center and part of that is to support covid distancing requirements so the firefighters are spread out so agenda item 3B tonight is for Council to consider approving confirming and extending the disaster

[41:01] declaration and emergency order we're anticipating that um this this order will need to be in place for about two to four weeks while we finish the response and then um the fire transitions back to local County teams to begin recovery there's two final items that I'd like to address the first is the emergency alert issue uh there was an emergency alert that uh was issued um that went far beyond what um the notification area was that we were expecting um through the office of emergency management in the National Weather Service they can push emergency alerts out through weather radios and that alert was targeted at at Ward and Jamestown and Gold Hill and uh unbeknownst to us there are now thirdparty apps that sweep those national weather service alerts and then truncate those messages and rebroadcast them over their proprietary platforms and that occurred and in this case that

[42:00] emergency alert went out to most of Boulder um Longmont Lewisville Lafayette Superior Broomfield um so that message it went far beyond what was expected um this is uh it appears the first time that anyone has become aware of this issue it's been elevated to the National Weather Service DC office um and uh is part of now going to be a a nationwide after action review to um determine if there's a better way to to try and address that in the future so we know that a lot of folks here in town receiv received that message um and it caused quite concern so um we we want to make sure that that's addressed for the future the second piece that that we've heard a lot of from folks is um how do I sign up to get emergency alerts and there's a a very simple way to do that there's a website you can go to which is Boo 911 alert.com and that's how you can sign up through um the the system that all of the

[43:01] dispatch centers in Boulder County use and you add all of your phone numbers you can select phone calls or text messages and then you add the addresses that you would like so you can add your home address if you have a a work address in the county you can add your work address if you have kids that are in schools you can add School addresses so it's a great way to make sure you stay uh alerted to uh any emergencies that are are occurring in County so that's boo 911 alert.com so with that I'll go ahead and wrap up and I'm happy to answer any questions great thank you very much Chris Council any questions for Chris okay I'm seeing no hands so I guess Debbie I'll turn it back to you okay next on the agenda tonight is the um update on the municip municipal building renaming and Taylor rean is going to be presenting this manner

[44:04] Taylor hi good evening Council my name is Taylor Ryman my pronouns are she her hers and I am the assistant to city council the item we're discussing tonight came out of the retreat you had this year renaming the municipal building to commemorate Penfield Tate thei the first and only black mayor of Boulder and his positive groundbreaking influence on the city this work also aligns with our effort to lift up the contributions of our leaders and community members of color next slide please tonight's agenda we'll go through a little bit of background on the proposal and history of Penfield Tate a little bit on the engagement efforts staff and financial impacts uh for phasing in the building improvements next steps in this process and we will end with some comments from Penfield Tate III who is Penfield Tate II's son he's still a very active political member of the Denver Denver metro area

[45:01] next slide please as a refresher The Proposal is to rename the municipal building to be the Penfield Tate the second municipal building and it's located at 1777 Broadway it's the building that we typically host these riveting Council meetings in every Tuesday uh when we're not in a virtual environment uh the uh proposal has been reviewed initially by the naming committee and the committee is comprised of representatives from the city manager's office a representative from the city attorney's office and a representative from the facility to be named the naming committee gave their uh an recommendation of approval to the city manager and uh Jane just recently went ahead and approved it and tonight it is in front of you next slide please the next couple of slides contain newspaper clippings and quotes speaking about penfield's history in Boulder thanks to our staff at the Carnegie Library to for their help to track these

[46:00] down and digitize them as I flip through the next two slides I'm going to read off a couple of quotes from a few of the stories some will notice that the challenges facing Tate at this time continue to be much of the same that we face today decades later the first slide has clippings that speak to Tate's views experiences leading up to the election and his path to the mayoral position title being black gives him advantages talking about how his Blackness sets him apart from other candidates Tate says I've been raised to learn to understand people as a matter of survival it was something I had to do and something I did do with this kind of background I think I'll be able to get a real feel for the problems facing the citizens of Boulder title black lawyer pen Tate candidate for city council Tate in this piece cited two major areas of concern relating to the quality of life in Boulder he's quot quoted to say one preservation of our environment to the extent that succeeding Generations can have a full

[47:01] quality of life and second a community which can live together free of episodes such as the violence and tension of recent events next slide please these clippings highlight some of the controversy that surrounded his time on the Boulder City Council as well as Reflections on his legacy title his stance could lose him a job when describing and defending his work on the sexual orientation ordinance Tate says qu the measure of a great city is not in the size of its Green Belt but how it treats its people title Penfield Tate a strong and gentle man I believe his legacy is in his message to the young who have not yet buried their faith under cynicism fear and greed Tate says it's your world claim it seize it Define it get into the field and deal with those issues now being decided behind closed doors to you which concern the future of humanity and this lovely planet we live on next slide

[48:05] please Community engagement around this proposal was hosted on the be herd Boulder online platform the engagement window was open from September 8th to 24th and almost all responses reflected overwhelming support for the proposal detailed responses can be found in tonight's packet but I wanted to go ahead and read some responses to the open-ended question here next to it is a word cloud of all of the responses from this question in just a few words please describe if and how this project resonates with you many cited that this was long overdue and it's about time that we recognize Tate II some quotes include this proposal acknowledges significant contributions to Tate who made positive changes and embodied the basic principles of democracy this project demonstrates awareness and recognition of an African-American unsung hero if a building is renamed it would make me feel welcome here in Boulder and my children will grow up seeing the

[49:01] contribution black leaders of black leaders honored which will help them internalize the importance of people of color next slide please changes that will occur as a result of this application include replacement of three municipal building signs around the structure a commemorative plaque a dis a display box for donated memorabilia and an updated landmark plaque and some of those things are on the external piece of the building and some of them are on internal um side of the building the city will pursue fundraising to help cover these costs and will work with a standing public private partnership to help develop the process guide decisions and ensure that donor recognition standards are consistent with City values next slide please in terms of next steps over the winter the city will solicit donations and gradually Implement various name Chang CH elements like the plaques and the signs and we hope as we're monitoring the co situation to hold an

[50:01] in-person event in the spring or summer of 2021 uh depending on where where CO's at by then to end the presentation I'm excited now to invite Penfield Tate III to speak on the application Penfield Tate III lived in Boulder from 1967 to 1974 and spent some of his childhood witnessing and experiencing his father's leadership and adversity in the community he followed much in his Father's Footsteps obtained a law degree joined his father's law firm and the two eventually created their own law firm called Tate and Tate Penfield formerly served as a state legislator in both the Colorado State and House of Colorado Senate and House of Representatives and continues to be a vocal Advocate on issues of affordable housing civil rights Public Safety and transportation in the jenver metro area Sarah do we have um pen ready to come on he is in the meeting he'll need to

[51:00] turn on his video and his own audio I see him now can can you hear me we can hear you great thank Taylor thank you so much for the introduction um mayor um city manager bradam and city council thank you so much for this opportunity to appear before you this evening and and more importantly thank you um for this honor um in renaming um the Municipal Building um for my father um I can tell you just as all of you have who who currently serve and represent the city and have served and represented the city um he spent many hours in that building not just during official meetings but probably far more hours studying and preparing for meetings and getting ready um than the public ever fully appreciated and realized um I didn't spend as many hours there as he did I spent some as a disinterested Junior High and high schooler because I was The Unofficial chauffeur uh particularly when he knew

[52:02] it was going to be a late night um but he truly enjoyed his service there on the city council um in reflecting on my dad's time in the city I'm struck by some of the comments I heard many of you say as you you were paying tribute um to Jane um one of the things that struck with me was the the reference to rainbows over Boulder um and I would offer to you that um during my time growing up in Boulder and my dad's service to the city um that would never have occurred and it never would have been considered but because indeed um despite what was then Boulder's perception as a liberal Bastion in the state um liberal is relative and when my father and a majority of City Council Members offered and passed the human rights ordinance which from his perspective Ive was just a no-brainer why would you permit discrimination against anybody because of how they

[53:01] identify and whom they love um and it passed city council but the Firestorm that ensued and the recall effort um essentially ended his political career everybody forgot the work he did helping to start the Pearl Street Mall everybody forgot the work he did trying to promote affordable housing um and for many people to Boulder that was a bridge too far and even though he survived um the recall effort um he was not able to to secure reelection and I think what was probably most painful to him is that even after losing reelection when he ran for the state legislature um he couldn't secure the nomination of the democratic party in Boulder because they thought he was too controversial and they thought he was too risky uh to be the standard bearer of the party even for the state house um but he loved Boulder he loved his service um there for the city um and he really believed that it was important

[54:01] that as Marin is a city councilman his job was to advocate for and work for the best interest of all of the people of the city he took his job very seriously but as you saw by some of the clippings and photos whether he was you know letting himself be dunked in a dunk pan tank at the county fair which always made me angry but he told me to lighten up or whether it was wearing the the bunny ears to on some occasions he never took himself too seriously um and he always had the ability to relate to people um and and be really down to earth because he understood he served at the will and the pleasure of the people and that he was um to be that trustee public servant um I I am confident he never thought this sort of Honor would have been bestowed upon him um and had he were he alive he would probably um beg off and say thank you but no thanks um he always believed in wanting to

[55:02] invest in people rather than stuff but indeed he knew that his job often called for investing in stuff like the Pearl Street Mall like open space like better housing conditions um for the citizens and even Partnerships with CU advocating for a better environment uh for students from communities of color and and other underrepresented groups so let me thank you um for um your your doing this I will tell you um our entire extended family is estatic um it started with the mural on the Boulder Public Library and the irony there is my mother worked at the public library for almost 30 years uh so for many evenings she and my dad were right across the parking lot from one another um but the mural is beautiful and this this naming on is just sort of an icing on the cake and and I know that a number of my family members um have memorabilia they're

[56:02] going to contribute they will want to contribute financially to the effort and they want to be here um for the official occasion so um we are deeply honored I am personally honored and gratified um and I thank you for this tribute to my dad who who didn't do these things to get recognized he did them because he just thought he was doing the right thing and and he he understood the consequences sometimes of his decisions but he knew he'd let the chips fall where they may because he'd always do what he felt was in his heart um and and in his in his conscience um was in the best interest of the people of the the city of Boulder and so thank you uh very very much I appreciate this deeply thank you Mr Tate for being here that was that was very moving and uh it's it's great that we could hear from you directly about how your father saw

[57:00] the work that he did with the city so thank you very much Taylor is there more to this you want to tell us no at this point if you have any questions I'm here to answer them Council questions comments okay I see no hands so thank you Taylor for that that was super wonderful and I'm glad to see that we're moving forward with this I do hope we can have a commemoration in person and Mr Tate thank you so much for being here my pleasure thank you for the chance to be a part of this important work it's it's an honor to be um serving the city and it's leader in this way thank you Taylor Debbie next on the agenda is the quarterly Municipal Court update so judge cook is here I'm pretty sure I

[58:00] saw her there we go Linda I think you're on mute if perhaps and for some reason my controls are very funky but so I apologize um they're working there we go so uh first of all I just want to say how humbled I am to be on this agenda with all these amazing things that have already happened and Jane let me just add my um I I'm not going to repeat anything that anybody else said but I'm going to miss you I've really enjoyed working with you as the city manager and having you as a colleague but I'm going to start with a quar early report um you can go to the next Slide the and the the first thing I'm going to talk about is young adult cases from this uh from this year and um if

[59:03] you'll go to the next slide um these are the kinds of cases I'll be talking about I want uh I'm doing this partly um because of the concerns about the um about uh the behaviors this year in the context of covid oftentimes I talk about these after we have a whole semester under our belt but that's not the case today so that's um I thought it would be good to update council at this point you can go to the next slide so the first thing I'm going to be talking about is our MIP cases um this is miners in possession MIP is short for minors in possession of or consuming alcohol or marijuana and you can go to the next slide um this first graph shows uh what I did for most of these graphs was um compare

[60:01] the time periods from um so that you have a a side by-side comparison of the time periods so here are the number of cases um the green bar part of the bars represent alcohol um cases the Yellow Part represent the marijuana cases and then the line represents the total number of cases um most but not all of these cases do involve CU students generally about half of the MIP tickets that are issued for the entire year are issued during the first month of the Academic Year that's intentional um we do that because the idea is that by heightening enforcement during that time frame we do send a message to the young adults about what our community CA community's expectations are around substance use so we want them to understand for instance that we're not New Orleans during Marty gr you can just walk around with a beer on your hand um a couple of things that I want

[61:00] to point out the reason for the low number of cases in 2018 is that cupd was directed to issue more warnings and fewer citations so that's why there's kind of a departure in the total number of cases for that year um and then we see it go way up to 549 in 2019 um because not only did they go back to writing citations but they also commissioned their Community safety safety officers in addition to their cupd officers to write these tickets so before those um officers were not commissioned to write tickets um but beginning um in the last Academic Year they were um when you look at this Academic Year over the same exact time frame with comparable enforcement capacity the number of violations dropped from 549 to 423 which is a 23% decrease inrease from last year so hopefully that's reflecting um some of

[62:00] the um attitude that uh the the students are having and that they are mitigating their behavior to some extent next slide so the um next slide talks about the citations by agency I know we often tend to think of Boulder PD as the only enforcement agency offering operating in the area but cupd actually writes a lot of the tickets and um so I wanted to break that out for you because it's a pretty good proxy for understanding the locations where these violations occur um as you can see during the previous three years um on average 40% of the first month violations occurred off campus this year only 16% occurred off campus which is a 60% decrease from the previous year three years so what this seems to suggest to me um and I read the fact patterns on these tickets is that many cu students while they may still be

[63:00] socializing are doing so in small groups in dorm rooms rather than um being out and about at off-campus parties next slide please um One Last slide regarding the MIP cases um as you can see from this graph the overall trend is that there is a decrease in the number of individuals that we see with repeat MIP cas and hopefully that speaks to the efficacy of our response to these cases our main goal in these situations is to provide the appropriate level of treatment to the offender depending on their individual substance use patterns we do that by requiring them to um answer a widely used and heavily validated screening tool consisting of eight 18 questions regarding alcohol and cannabis use and their answers dictate which treatment intervention is assigned these interventions themselves are evidence-based and are specific to the college AIDS

[64:01] population most of them complete treatment through CU Health promotions but we do have alternatives for nonc students as well um in addition anybody who comes back to court with a second or subsequent MIP case is assigned Community Service as well as substance use treatment next slide so I want to talk a little bit before I get into the data about some of the steps that um we took before the beginning of the school year um first of all we convened I convened a meeting with the adult advisers to the interfraternity Council on the hill or IFC on the hill for short the prosecutors and key CU staff um part of the reason that I did that was not so much about Co although that was certainly something um that we knew was an additional overlay for this year but um it was mostly to discuss the lack of institutional memory among Greek organizations and how to um create

[65:02] that uh so one of the things that happens is the executive Bo boards turn over year after year and even if there have been previous violations and people from the fraternities have gone through various educational processes and um learned from that that doesn't get passed on down to the next generation of officers so that was one of the um points of or purposes of the conversation we also again wanted to discuss potential impacts of these violations due to covid with more people um staying at home working at home during doing school from home and so forth I just want to say that the IFC advisers were incredibly responsive and one of the things that they um asked was that they be added to a weekly coure email that we send out to property managers who opt in that lists the quality of life by violations by address and the benefit of that for the IFC is that they can see whether or not an address is one of their um member

[66:03] organizations and then they as an IFC can um take a disciplinary action if they feel that it's appropriate so um a fraternity that has a violation May um end up in court with a case um we'll see the student conduct office at CU with the case and then may also have a dis plinary action with IFC um next slide so Q is short for qu quality of life for purposes of this chart Quality of Life Cases include three different charges nuisance party prohibited 00 p.m. to 7:00 a.m. and disrupting the quiet enjoyment of the home while these charges differ slightly in terms of the elements of the offense they typically represent two types of behaviors one is playing music music very loudly sometimes from outside speakers and p.m. and the other is

[67:00] social Gatherings which often include loud music when you look at the number of tickets issued year-over-year that's not very helpful because oftentimes multiple people are cited for the same violation so it's actually more helpful if you look at the brown bars which represent the number of unique incidents year-over-year so a couple of things that um I'm going to call out from this chart chart first of all 56 different incidents have been ticketed this year through October 14th when we ran the data that means that more tickets were issued this year than in the entire 2018 2019 Academic Year second the ratio of tickets issued per incidents has increased pretty significantly this year compared to last year so whereas last year there was um there were many more cases where a single person was charged charged with an incident um in this situ in this year many more um tickets had one or more or

[68:00] two or more people charged in the same incident next slide then when you compare these citations over the same time period from previous years um I wanted uh you can see again that difference in the number of tickets I also want to tell you that anecdotally um many fewer citations were issued this year for cases involving large parties quite a few were issued either for loud music only or for small social Gatherings of 30 or fewer people and in some of those instance that's the legal number of residents in a household plus one guest because many um larger homes are Divi subdivided into for instance three units if you have an average of five person per unit you can have 15 legal residents in the same structure the other thing I want to mention about these violations is that often times the citation is issued to

[69:00] the most Cooperative person present this is usually the person who answers the door who is relatively or totally sober and who is often not the primary host of the party um in the case of a fraternity it will usually be a designated sober brother who is often a sophomore who is not an officer I'm going to so I'm going to talk about that in a minute in conjunction with with another slide next slide so the court respon these are the court responses to um Quality of Life violations um most of the time the uh outcome of the cas is dictated by the prosecutor's plea bargain offer I have the ability to reject those offers where I think it's appropriate but um generally speaking I'm not rejecting plea bargain offers that have been extended they I they are very appropriate um in fashioning those in the first cas Place secondly we do align with CU student conduct so for instance if the court is ordering restorative justice in a case there's a very good

[70:01] chance that CU is going to also order that um there usually will be a few points of difference um but uh we also don't want to pile on in these cases and then also the cases are developmentally appropriate to this um young adult age group in the stage of development they are at um given their ages next slide please I know that um you all know that we uh use restorative justice that's a uh one of the central aspects of our response um for people who aren't familiar with restorative justice it helps to address the relationships between victims offenders and the and the community in a way that repairs the impacts of an incident while holding the offender offender accountable for their actions and building Community restorative justice is an evidenced base response that research has shown improves justice system outcomes as compared to a more

[71:00] punishment oriented or retributive approach and um I just want to say that in particular this age group where there's still quite a natural tendency to push back um against Authority a retributive punishment oriented approach is really counterproductive to where they are in their thinkings and so we're really fortunate to have the partnership with curj they do have multiple models depending on the situation so one of the they have one model that they use specifically for fraternities that requires two-thirds of the executive board to attend and then the um restorative contract that is fashioned includes multiple members from the fraternities participating in satisfying the terms of that contract another thing that they have is something called their friends and roommates model so if it is in fact the the most responsible person that responds to the door when a house party ticket is issued um that individual in

[72:01] court um there's a couple of options first of all if they can persuade one of their friends who was actually the party host to come to court the prosecutor can substitute that individual as the defendant in the case and they become the responsible person but even if they can't do that CU um allow CJ allows them to invite their friends or roommates who helped host the party they can participate in the restorative justice conversation for no fee they come out of it with no obligations that they themselves have to personally fulfill it's on the person who was charged in court although they may um chip in but what it does is that the uh the restorative conversation which is really um a big part of this where the uh victims or surrogate victims explain the impacts on them is heard by the people who actually hosted the party finally for CJ and I mentioned this um when we had the meeting with CU um early in the spring when we were

[73:01] under the stay-at-home order I asked curj if they could develop or um address the added overlay of covid impacts when addressing quality of life violations so they have developed three additional models that they um overlay with the existing models um that address covid and the the reason there are three different models is because there's sort of different levels of um of harms that have occurred in the covid context for instance ranging from the low end of simply not wearing a mask to the high end of hosting a large party next slide all right in addition to CJ um other um sanctions that are imposed by the court as part of the court cases are the following the CLC the community living class that educates young adults about the laws most commonly violated in our community so that in addition to not hosting another

[74:01] party or having noise again they are also aware of the other laws and are not violating those laws so that's um a really helpful way to prevent recidivism for all types of violation since Co became a factor the prosecution has added community service in an essay to their plea Bargains in these cases the amount of community service is variable depending on the facts of the case um I am going to point out that uh performing community service has become more challenging because of covid um but the volunteer Resource Center on the CU campus which is where we Outsource community service is helping students to identify options that can be completed in a safe manner but we've had large cumulatively large amounts of community service order and we're having to be flexible with the time frames and the um format of that that community service the prosecution has also added that 500-word essay to their plea bargain offers and I created several prompts

[75:01] that students can use to write their essays they are designed as a way for students to reflect on the impact of their violations on others given that their violations are occurring in the context of covid so um one of the essays for instance refers them to the public health website and the data there for 18 um for young adults in their age group um and so they get that um sort of reference and get to see the data um another one talks ask them how do they think it's affecting um for instance families with schoolage children given that the um the ability of students to return to school in person is driven by the numbers on that Public Health Website next slide so now I'm going to talk about the uh Public Health violations um if you'll go to the next slide this graph represents the number of citations issued for failing to

[76:00] adhere to an emergency order they can be written for failing to wear a face covering or to main six feet from another individual or both as you can see most of the violations that have been issued in the court have been um committed by individuals who are less than 26 years old um for if you look at the actual context of these cases all but nine of the cases did occur at Social Gathering ing the other nine cases occurred at eban G Fine park and that essentially ends my uh portion for young adults I'm going to go if you'll go to the next slide please I'm going to um give you an update on the community Court initiative that I talked with you about last fall next slide please so um I'm really happy to announce that we've been awarded a grant in uh March of this year the federal government is issued a solicitation seeking applications for funding to establish or enhance Community courts um

[77:03] as the previous recipient of a no dollar Community Court technical assistance grant and having done a lot of development for implementing a community P Court in the future we were well positioned to apply for the grant we were notified in late September that we had um been awarded the Grant and we are the process of formally accepting that at their at this time the total amount of the grant is $400,000 over two years our Target population is homeless offenders and you can see there it doesn't account for all of the $400,000 but the highlights of the award um is that we will use some for transitional housing um Mental Health Services and substance use treatment next slide and that's the end of the presentation um and if anybody has any questions I'd be happy to answer them

[78:00] great thank you judge cook that was a great presentation and congratulations on getting that Community Court award that is wonderful and it looks like it will help a lot of folks so thank you for that I have questions from Mary and Bob Mary thank you so much Linda this meeting is amazing it's kind of like the most the happiest in probably all year for sure so um yeah since Co so congratulations on the Grant and um just a quick question um the the contribution towards transitional housing is that um for Capital expenses what what kinds of expenses will that be used for so um so first of all the population that we hope to use it for is people who have been matched with a Housing Resource but we know that it takes some time from the time of the match until um move in and so to try to

[79:01] have people try to bridge that gap between those um the match and the actual ability to move into apartment we had originally thought that we had we might use hotel rooms for that purpose and that we would be contracting for that um but in speaking with um Kurt and Vicky from housing and Human Services as well as Heidi Grove who is the um homeless services coordinator for the county um we're also exploring the possibility of um a couple of Master leases um for um either apartments or homes that have multiple bedrooms so that people could for instance live three together um in that environment that would give them the ability to uh work on developing their life skills for instance like cooking and cleaning and some of the things that um it's it's going to be important for them once they're in their permanent units thank you great and Bob well thanks judge cook

[80:03] it's always um it's always great to have you um um brief us on all the good work that you and your team are doing it sounds like um you've been very um responsive and and reactive to um some of the situations we've had to deal with in covid I know that you're a leader among Municipal judges across the country and I I know that you keep in close contact with your colleagues in other cities around around the United States what are you hearing from your colleagues on um especially your colleagues in in college towns about how they're dealing with with students in covid are are there things experiences that have worked well for them that you going to be trying here in um in in Boulder so so far we haven't um had a forum where we've had the ability to um share that kind of information as in conjunction with the national league of cities City Summit which is as you know going to be virtual this year um we are

[81:00] hoping to have a uh a round table among the judges and Court administrators so that um anybody who wants to participate from that group and it the topic will be covid um you know and that will probably range from how do you conduct virtual Court to some of those Solutions um for uh specific types of behaviors that we're seeing but nothing specific um that has been sort of I've attended a lot of webinars up to this point but none of them have been on that specific topic well thanks judge well we we look forward to hearing what you learn in National League of cities in the next few weeks great thank you Bob Mark just a quick question for judge C first thank you for the presentation it was excellent um do all of the people who appear before you on quality of life um uh charges uh participate in the CG program so if they are a CU student um

[82:02] pretty universally they will participate in that that's uh a fairly standard response if they are not a CU student we can offer something similar through um city of Boulders Community mediation services offices they are able to offer restorative justice model do we see any difference in the rates of second and third offenses between people who have participated in the crg program and those who have not so we have not um it's really hard to do that analysis because pretty much everybody gets ordered into cuj um the few people that don't are generally CU students that have graduated or are no longer attending CU and have moved out of the area in which case what we're doing then is we're substituting General community service for the CJ interaction but again because they've moved out of the area their likelihood of reoffence in our area is

[83:01] very low okay thank you so much very good I don't have any more questions so judge cook thank you so much for um telling us about this and we look forward to hearing how the grant implementation goes and other community court issues so thanks very much thank you debie he next on the agenda is the open comment period good okay so on my list here uh the first three speakers that I have listed are Mark gelband Lucas schaer and Michael Abu Mark so I'm am not seeing Mark gelband in the meeting we do have somebody who's come into the meeting with a device name and so I'm trying to contact Mark to see if that might might be him I suggest we move to the next speaker and we can Circle back around again great we've got Luc I have emailed you please confirm

[84:01] that is you great so we have Lucas Schaefer Michael Leu and Chris Hoffman Lucas so Lucas you should be able to unmute yourself and you'll testify through Audio Only uh hello we can hear you great uh good evening I would like to talk about the city of Boulder's appropriate role in contributing to the goals of the greenhouse gas pollution reduction road map uh published in September of this year the uh Colorado road map aims to reduce greenhouse gas emissions 90% by 2050 from 2005 levels I want to specifically focus on the road map's agriculture component and argue that the city of Boulder has a particular responsibility to assist and build on the implementation of the road map's agriculture related objectives the current road map Highlights better cooperation with existing public and private efforts that motivate voluntary

[85:01] implementation of sustainable practices and Technology what it does not mention explicitly but what I believe to be essential is local government aiding those who stewarded our local lands with processes of applying for Grants and assistance as well as receiving input from farming communities on the effectiveness of such efforts assisting and transitioning to sustainable agriculture demands attention investigation and adaptation Boulder as a Community Values supporting local food producers in particular we recognize the value inherent in local food markets both in terms of health and sustainability and stimulating local businesses there is every reason for local government to diligently inform both current and perspective Farmers about every opportunity to exploit both private and public assistance there is every reason to educate and receive input particularly From perspective Farmers given the common knowledge that the average age of farmers continues to rise

[86:01] achieving the state road map's Ambitions ambitious emission reduction goals means exploiting every opportunity for sustainability for agriculture this is a goal that will require Decades of continued support which the city must actively discover and nurture I understand this is a state L initiative but I also feel that it is naive not to accept the cities in responsibility when it comes to adapting use of Boulders land for the sake of environmental stability thank you Lucas thank you next we have Michael Abu Chris Hoffman and Steve Whitaker Michael Michael withdrew just before the meeting so our next person up tonight is Chris Hoffman okay Chris You' be able to unmute yourself and speak okay can you hear me yep great my name is Chris Hoffman I'm a longtime older resident currently retired I have 23 years experience as a Management Consultant in the electric utility

[87:00] industry I'd like to address my comments to the six members of council who voted to put the Excel franchise ballot measure 2C on the ballot it would have been very helpful to US citizens if you had done your due diligence before putting the measure on the ballot you should have done a financial analysis unfortunately Ely you didn't but that is water under the bridge now as you know a Citizens group using the city's own Financial forecasting tool has done the work you should have done the report is publicly available and I understand that each of you has received a copy this local power analysis report vindicates those members of council who oppose 2C and anyone who votes for 2C without reading the report will likely experience painful buyers remorse later there is massive evidence that 2C is a

[88:00] big mistake this report shows that by not going into franchise with Excel Boulder could potentially save over 490 million over a 10-year period furthermore it shows that by not going into franchise with Excel each and every year we could avoid greenhouse gas emissions that would be the equivalent of taking over 46,000 car off the road for a whole year and that's 2third of the cars registered in Boulder excel's response to the climate crisis is too little too late we need to move faster we need to reject Toc interested citizens can find the local power analysis report online at www Empower our future.org thank you Chris next we have Steve Whitaker Eric compa and Paul colan Steve mayor and council members today

[89:02] each of you received a hand delivered copy of a report local power financial analysis that summarizes the projected Financial benefits of a locally owned electric utility as one viable option to continue to continuing with the Excel this report was prepared by a group of scientists engineers mathematician and representative of the business Community this group used the city's Financial forecast tool that had been used by members of the city staff to analyze the results of the 2018 request for indicative pricing using the city's model with updated information on bond rates City Electric loads and new 100% renewable electricity costs from the recent 2020 RFP bids it was found that a locally owned electric utility would not only be viable but could generate

[90:01] hundreds of millions of dollars in cash in the first 10 years of operation essentially the modeling results showed that for less than the cost of the EXL franchise the city could own its own electric utility with cash to spare in the council's rush it has denied Boulder voters the opportunity to compare the EXL franchise Proposal with 10 other proposals contained in the responses to the recent RFP including two proposals that include 100% renewable electricity by 2030 and up to $300 million in financing the only way we will get a thorough review and consideration of these very compelling bids is for voters to vote no on Toc thank you thank you Steve next we have Eric compa Paul colan

[91:03] and Jessica Frasier Eric good evening this is Eric compa with cor Real Estate Group uh the applicant and local development partner for Macy's uh the project of 29th Street as I've stated previously and again for the record wanted to reiterate that we started working on this project long before the opportunity Zone designation from the very beginning we explored many options with this site we weren't set on one use over another we simply stried to make it this a truly a great project one that reflects the sustainable values of the community enhances the vibrancy and ensures the continued success of the balance of the 29th Street tenets and also successfully successful in adaptively reusing the structure all well embracing the severe sight constraints and adhering to code since starting to work on this project in 2017 we worked proactively to

[92:01] engage with Community stakeholders such as Uli Boulder the chamber plan Boulder and better Boulder to name a few and of course MRI the tenants at 29th Street and City staff our project has evolved substantially in the response to this engagement process with the inclusion of affordable commercial a significantly enhanced public Plaza that will include public art and murals as well enhanced bike lines this project represents a significant employment retention opportunity for the community both for homegrown Boulder businesses and the existing retailers of 29th Street and we recognize this is an important project for the city of Boulder we've taken measured strides to listen and incorporate this feedback into many aspects of our project and we're continuing to listen there are many there are other members of the project team that will speak during the comment tonight and we are all available to answer any questions that you might have

[93:00] in the end we stand by staff's comprehensive review of the Project's consistency with the criteria and policies set forth thank you for the opportunity to discuss this in Innovative adaptive reuse project we sincerely appreciate your time thank you uh next we have Paul colan Jessica Fraser and Eric Evan rabbits Eric actually it's Paul next sorry Paul next I apologize my my mistake Paul colan Jessica Fraser Evan rabbits Paul I'm here I'm Paul colan I'm a South Boulder resident good evening city council uh we've had plenty of Disaster News these days so here's some other climate related news Portland General Electric announced last Thursday the closing of the last coold fir power plant in Oregon 20 years ahead of schedule the closure of the Boardman plant comes as a result of an agreement reached in 2010 10 years ago between the

[94:02] utility consumers and Regulators to curb air pollution and carbon dioxide emissions in the state another story the rodium group an economic analysis firm estimates that us economy-wide emissions dropped by 2% in 2019 to roughly 12 % below 20 2005 levels uh that's the good news the bad news is that the US greenhouse gas emissions are still over 5.7 billion metric tons per year and not on a trajectory to meet the Paris agreement targets Boulder is Boulder has been ahead of its targets um over the past few years unfortunately our Target trajectory was relatively easy to meet early on it gets a lot tougher now going forward from 2020 to 2030 primarily because the target assumed a path to 100% renewable electricity by

[95:02] 2030 with the issued 2C franchise agreement with Excel that path will be difficult to follow not because of physics or technology intent or desire but because of cost a franchise agreement with Excel would leave us with the most expensive and impro able path to 100% renewable electricity you could devise is up to you city council members to make this right if 2C should pass somehow make it work I can think of a dozen ways we fail if 2C should pass somebody must come up with a plan for success thank you thank you Paul yep uh next Jessica Fraser Evan rabitz and Eric Carlson Jessica hi everyone good evening this is Jessica iica Fraser with Macy's speaking about our project at 29th Street thank you for your time tonight and for taking the time to thoughtfully consider our

[96:00] project as we've all seen in the news the retail Market is rapidly changing something that has only accelerated in the last seven months since Co began the Daily Camera even released an article yesterday covering retail's Evolution and CO's impacts in recognition of the changing Marketplace Macy's has been making changes Nationwide to repurpose our existing stores as they phase out of use over the years we've learned that without thoughtful planning similar to the process we've undertaken on our Boulder property over the last three years one of our stores closes it runs the very real risk of sitting vacant given the retail environment today we expect this is what could happen if our Boulder store closes without a Redevelopment plan in place as a member of the Boulder Community since the early 80s we want to see the continued SU success of our property and are proposing a sustainable and Innovative project that will complement and bring new life to the existing tenants of 29th Street we have

[97:01] the opportunity to do something special with this store while Macy still has the resources to do so that's why we've put everything we have into recycling this building to deliver a use to Boulder that is garnered support from our neighbors including Mich conforms to existing zoning and use regulations takes advantage of the embodied energy of the building and provides multiple elements of public improvements while no project can solve every problem ours does comply with the specific criteria for approval in the city's code it's a successful adaptation of this existing windowless big box retail store into an open bright inviting building that will allow 29th Street to continue to be a vibrant mixed use Center thank you very much for this opportunity and as Eric mentioned we're available tonight to field any questions you may have thank you Jessica next we have Evan rabbits Eric Carlson and Julie ziser

[98:00] Evan hello can you hear me yep council member friend is right there is great inequity in how Council and staff treat citizens I made a Colorado open records request and received hundreds of emails back in 2017 the director of the downtown older partnership wrote over 200 an average of almost one email a day to council during the first eight months of 2017 he got a reply to every single email most of us never hear anything one of downtown Boulders emails asked Council not to do anything more for the homeless for fear it would attract more the distract the discredited magnet Theory they got their wish and this year there are less shelter beds than in many years in spite of increased homelessness dur due to the

[99:00] Corona virus and job loss I went and talked to a former board member of downtown Boulder partnership I asked him if it was true that downtown Boulder was behind the city's homeless policies and practices he said quote downtown Boulder runs the city unquote the city seems powerless to stand up to downtown Boulder to excel to see you to who or what is corrupting direct democracy here or any other bully that's why we've had direct democracy in this country for over a century so we the people can solve our own problems I made a presentation to a freshman CU class putting direct democracy and boulders forthcoming online petitioning for direct democracy in historical context it is available to everyone at tinyurl.com online petitions that's

[100:01] tinyurl.com online petitions thank you thank you Evan next Eric Carlson Julie ziser and Robert barford Eric good evening members of Boulder City Council my name is Eric Carlson I'm with the law firm of foster Graham milen and ciser my public comment tonight is regarding the site review Amendment at 29th Street shopping center known as the Macy's Redevelopment our Law Firm represents L&B reality advisers who own the adjacent property uh the apartment complex known as 29 North we submitted a letter to you yesterday um identifying our concerns with the procedural deficiencies of the planning board hearing held on September 24th i' like to take uh just a couple of minutes to walk through a few items in that letter all ultimately our request tonight is that you call up this item for a public hearing at a future date where uh adjacent property owners and uh

[101:00] residents will have an opportunity to present their concerns with this Project's compliance with the uh bowler code our clients received specific notice of this project two years ago at the Project's Inception they received specific notice of this project in March of 2020 this year regarding the SCH Ed planning board hearing on March 19th they received specific notice that the planning board hearing was canceled in March due to covid-19 and at that time were informed that they would receive specific notice when the planning board hearing was rescheduled unfortunately that failed to happen the planning board hearing uh went forth on September 24th without notice to the adjacent Property Owners um which consequently meant they did not attend the planning board hearing and did not have an opportunity to express their concerns with the Project's compliance with the code we respectfully request um that you call up this item for a public comment or a

[102:02] public hearing at a future date um in order for adjacent Property Owners such as L&B reality advisers um the opportunity to present their public comment regarding this Project's compliance or lack thereof uh with the applicable code thank you for your time tonight thank you Eric next anheiser Robert barford and Dan Capal Julie can you hear me hi my name is Julie ziser I live in South Boulder and thank you for the opportunity to speak in 2019 Boulder declared a climate emergency and established a 100% renewable energy by 2030 goal because electricity is our largest source of greenhouse gas emissions at 44% I'm speaking especially to council members who relinquished that climate commitment and reported a watered down version in ballot measure 2C with likely 20 years tied to Excel Energy excel's plans to achieve 80% carbon reduction by 2030 using Excel

[103:02] plans to achieve 80% carbon reduction by 2030 using 65 to 70% renewable energy if we go with excel's plan there will be a gap between excel's 70% and boulders 100% Renewables goal that Gap isn't theoretical it will be filled by burning fossil fuel gas and coal until 2070 some ask isn't excel's plan good enough no it is not good enough we are experiencing an increasingly alarming climate emergency terrible wildfires around us aggravated by the worst drought in 8 years are destroying wild lands homes and lives and creating dangerous air quality affecting health and perversely adding to greenhouse gases this summer a council member Pressly asked about the difference in carbon emissions with only achieving excel's 70% rather than Boulder's current goal of 100% renewable electricity in 2030 staff's answer the

[104:00] difference between excel's plan and 100% renewable would be approximately 215,000 metric tons of greenhouse gas emissions per year equivalent to avoiding over 533 million vehicle miles or eliminating electricity emission of over 36,000 homes so yes it does matter if we render to excel's plan we need to stay open to other options the climate can't wait on excel's too little too late offer we encourage a vote no on to see thank you for your time thank you Julie next Robert barford Dan cap pal and Lyn sigle Robert I'm not seeing Mr barford in the meeting again we do have one phone number and we have one device name if that is you please communicate with us through the Q&A box so we can call on you in circle background I'm going to move on to Dan kowell sounds good un mute you're good thank you um hi it's Danica pal with

[105:01] Trestle strategy group uh first I want to say it's an honor to sit in on the council hearing tonight Jane I salute you for your unwavering and brave patient and consistent leadership in Boulder uh we appreciate your leadership and service um on behalf of the Macy's team I am speaking tonight we recognize the importance and significance of this project to city council and the community at large we are here to say how much we have been and continue to listen to all the feedback throughout the course of this project our team has directly met with tenants business owners neighbors and other stakeholder groups to refine and evolve the project to include enhancements to public spaces walkability Vision zero safety energy conservation and long-term sustainability we are deeply invested in how to connect the use of space to the needs of the community which have been and continue to be an economic flux being further impacted by the ongoing

[106:01] and very real local impacts from the pandemic we stand behind the design of this repurposed building to support the walkability and economic health of the 29th Street mall and surrounding residents should you call this up we will continue to listen and use every opportunity to reflect Community Values within the constraints of this project this site and the planning context we continue to be committed to exemplifying what dynamic affordable commercial space could look like in this prominent location and demonstrating a successful adaptive reuse of an outdated big box our team feels that this this is a beautiful and purposeful evolution of a significant retail anchor one that will sustain and support this Transit rich highly walkable mixed use Commercial Center thank you for the opportunity to answer questions tonight thank you Danica next we have

[107:00] Lyn seagull Susan Peterson and Shelley Jones Lynn well I'm not gonna swear okay you're on LY I'm not gonna swear I'm going to do worse I'm going to speak truth to power not notifying 29 North who did not notify them hey we got Jane Ren in the city and Tom they both need to be fired long ago the Oz Jane you know what that does to the jobs housing imbalance increases it considerably you know what Macy said or the developer

[108:01] said well their their option would be to do 90 or 64 I think high-end condos in that space that's not what we need here we need a department store here and you need to do something Jane and Tom to tell Macy's we need a department store in Boulder we had job downtown on the mall before I lived here what is going on here we're supposed to commute out for our department store commute out at at 21st in Pearl for our local store there that's now office you know I'm freezing cold here as I won't turn on my resistive heat Sam because I won't put solar on my place until we have municipalization in this town and I'm freezing cold a 67y old in my place and that's what is that's just the way it's going to be until we

[109:07] municipalization election of of this proportion that we've never seen I can't spend my time doing that because I'm fighting my property taxes with the board of assessment appeals I can't do the work I need to do on the national election because I'm fighting as a boulder thank you ly next we have Susan Peterson Shelley Jones and Patrick Murphy Susan hi this is Susan Peterson I'm speaking to you on my own behalf can you hear me now yep tonight after the smokiest day in two months of smoky days I feel compelled to introduce you to a new trend in public propaganda called astroturfing astroturfing is the

[110:00] practice of masking the sponsors of a message or organization to make it appear as though it originates from and is supported by Grassroots participants supporters of ballot initiative 2C our community decision on whether or not to tie ourselves to Excel for another generation have presented our Community with a classic case of astroturfing there is no doubt that Excel is the primary contributor to our climate emergency by virtue of the way they produce and Source electricity at the same time they're the primary benefactor of what 2C supporters PR agency has cleverly deemed the great green deal their supporters ridiculously assert that they Excel will get us to our climate goals faster when in fact whether we're in or out of franchise Excel will continue to embrace advances in renewable energy at the same plotting Pace in fact their commitment in this

[111:01] franchise agreement to provide 80% greenhouse gas emission reductions is no better than is already required by Colorado state law as you've heard tonight in astroturfing as with other propaganda campaigns one need only follow the money in this case it's easy to understand that Excel would not want to lose the $25 million in profits it derives from Boulder annually as you've heard tonight the climate imperative for continuing to pursue a 100% renewable electricity H future is huge and very real and you now know that the current Financial case for local power is compelling so tonight I ask you to roll back the AstroTurf get back to our real Grassroots and follow the lead of council members Joseph Nagel and stick in their endorsement of a no vote on 2C thank you Susan next we have Shelley Jones and

[112:02] Patrick Murphy Shelley Shel you'll need to unmute you are unmuted but we're not hearing you can you say a few words please it appears that Shelly may be having difficulty with her audio um she is unmuted but I don't I can't hear her let's move on to Patrick Murphy and then come back one more time to Shelly I am not actually showing Patrick Murphy in tonight's meeting so circling back now um we have a couple of people who we skipped over let me just give a quick look to see if I can see them in the meeting now starting with Mark

[113:02] gband I did not see Mark in the meeting trying Robert barford do not see Robert in the meeting Shelly you're still unmuted but we're not hearing you I think there might be a challenge with your microphone and I'm not seeing Mr Murphy okay well in that case um I'm afraid we're gonna have to skip over Miss Jones and let's bring this back and see if we have any reaction from the city manager or the City attorney to anything you've heard tonight thanks Sam um no reaction from me nor from me okay very good and Council anyone have comments on what was said tonight great I'm seeing no hands so

[114:03] Debbie next on the agenda tonight is your consent agenda um items a through M very good and I think um we can move to item D we have a couple of these items on the consent agenda where we're going to pause and have a discussion um so item D is consideration of resolution 1281 racism as a Public Health crisis and I'd invite Mary Andor Aaron to speak to us about that Mary I'll defer I'll defer to you if you don't mind okay yeah um so racism as a Public Health crisis is um this resolution is mostly being done um to be in solidarity with other many other cities that have passed this and as I understand it the board of um Boulder County Public Health is about to pass one as well um but more importantly I

[115:01] wanted to um propose a way in which we can put our words into action um I think as um has been said that um words without action is the ruin of the Soul so let's not ru our souls and um so as we all know that the um the county as well as the country for that matter has seen a huge disparity in um the way that um communities of color are affected by covid um in Boulder U Boulder County we are not immune to that ourselves um so the Boulder County has recently launched a um mobile testing unit and I believe that what we should try and do with that

[116:00] mobile testing unit is leverage that and everything that we learned from the um September outbreak where we all mobilized and came together to address that outbreak to do the same for addressing these disparities and the way that we could do it um like I said is by leveraging the mobile testing unit but also the state of California um issued and has implemented a new Health Equity requirement on the state's 35 largest counties that is those with more of um than 106,000 population so the measure establishes that in order to advance to the next phase of econom ecomic reopening counties that meet this population threshold will need to reduce the case incidents in their most vulnerable

[117:00] communities and the requirements that must be met um include certain testing positivity goals as well as showing targeted investments in resources for these communities such as increasing testing contact tracing and education the state of Colorado should to California for a similar program and Boulder County and its cities we should hold ourselves to such a standard so let's come together with this goal in mind and put our actions where our words are um so that's my proposal and um I hope that you my colleagues will support that I hope that other municipalities in the county will rise up to this Challenge and that we I'll um make this happen thank you thank you Mary um Aaron yeah thanks very much for that Mary I really appreciate you uh moving

[118:00] us uh past words and into actions I think uh the the Declaration I think has has a lot of good things in it I'm glad that we're passing it it uh does excuse me have U it's item number seven uh says that the city will find ways to collaborate with Boulder County Public Health to address uh these issues uh as well as support policies and initiatives that improve health outcomes and reduce Health disparities in communities of color so I um Mary definitely support uh your effort we can't make that decision on our own but um support your effort to um to Advocate to the county for instituting uh metrics like that and as we move towards the next phases of our Public Health response thank you Erin and next I have Adam uh thank you for this Mary and um just since I sit on the Consortium of cities I'd love to present this in some way to them to try to get a little bit more um you know people behind this um

[119:03] and hopefully make it a more countywide and Beyond effort if if possible happy to provide more information Adam okay great so thank you Mary for bringing this forward and um the next item on consent that we're going to take a pause on is item e which is consideration of resolution 1285 appointing the external audit and so I would turn to Bob and the audit committee to speak to us about this thanks and I think uh if staff could put up we have a very short two or three page slide presentation that would be great so I'll just um pause right here um the city of Boulder of course is audited by an independent auditor um and that that audit was for 2019 was just presented a few weeks ago we for the last five years the city has used a firm by the name of um uh Clifton Larsson Allen and we've been very happy with them um however the government Finance

[120:02] Officers Association uh considers it best practice to go through a fullscale competitive process um for the selection of independent Auditors at the end of each fiveyear cycle and so we've reached the end of a 5-year cycle with Clifton Ellen that doesn't mean that we couldn't select them it's just that we are uh strong urged to go through competitive process um and so that's the what we're going to talk about tonight next slide please so the city staff um issued an RFP at the end of the summer um to a number of audit firms I think 21 firms um received or opened the request for proposal five proposals were received um in early fall the staff narrowed that down based upon uh qualifications to do government Audits and three firms were selected for interviews the three firms listed there in the middle of the slide including Clifton um Larson Allen which is the incumbent um the audit committee which consists of um Adam Mark uh me and our independent member um Professor

[121:02] David Gross from lead school um interviewed all three firms on October 6 and then we had a discussion privately about what to recommend and our recommendation is that we stay with Clifton Larson Allen for several reasons and I and I'll um enumerate those and Mark and and Adam can perhaps weigh in as well first Clift and Larson happened to be the least expensive of the firms that we interviewed now that's not um the the sole criteria upon which we're were recommending them but but it was interesting that they were the least uh expensive um they provided a solid work plan with reasonable hours uh to be involved in the in the audit um it probably helps that they have worked with our staff for the last five years and so have gotten to know the city of Boulder um they've got extensive governmental accounting knowledge and experience they audit for a large number of cities uh uh in the area and across the country um and um they've got really really good communication skills our staff has found it very easy to work with them um we we were um obviously

[122:03] cautious about selecting this firm for another five years and what the government um Finance Officers Association recommends is if um as a result of a fiveyear competitive process the government entity decides to select or stay with the same firm for another 5 years that the um senior engagement staff and the the engagement Partners the senior managers um that have worked on the case or on the file uh for the first five years be rotated off and that's exactly what Clifton Al Larsson Allen proposes to do so we will have a new team effectively that will be working the reason for that is we you don't want your independent Auditors to get too Co you're comfortable with your staff because obviously they're looking over our shoulders and they want to call to our attention anything that that is concerning so while we we are recommending staying with the same same firm for the reasons I mentioned there will be different people involved in the audit in the next um next for the next five years if Council accepts our recommendation and finally I do want to point out that while we're recommending

[123:00] that we engage Clifton Larsson Allen for another five years um we cannot bind we this Council can buy future councils and um each year Council um authorizes the hiring of a firm and so while we're recommending A Five-Year Engagement that engagement is subject to annual review and re information and any future councils that decide not to use Clift and Larsson can certainly um move to a different firm at the discretion that's all I have to say Mark or Adam anything to add to that yeah I I'll just jump in for a second I think one of the things that um weighed heavily on us was that at at this moment in time uh a bit of continuity is a good thing even though we're rotating Personnel um it was important I think for us to to work with a firm that knew the ins and outs of the city um and could uh properly perform the function with new people um but continuity I think was was something

[124:00] that was in our minds and all way in just briefly um I would say it was pretty important to me but we all reached the exact same decision completely independently so um that's a pretty big Rarity especially among the three of us so uh I feel pretty strong in this recommendation I should I should not although Dr Gross couldn't be with us tonight uh he also concurred with the recommendation that you heard from Adam and Mark and me right well thank you audit committee for sharing that and for doing the work um I've was on the audit committee for a long time so I know how important this is um I guess any other council member questions or comments before we move on great seeing none um the next item that I think we may have some conversation on uh is consideration of a motion to approve resolution 1284 indicating the city's position on select

[125:02] measures appearing on this November's State ballot and I will turn to Bob to talk about uh your position on this yeah I I won't take any time I just wanted to indicate that I'm going to be voting no on this um in part because I I don't fully agree with the the recommendations of the committee but more importantly um I think that there are members of our community who have different views than what is being recommended here and I think um we would do a disservice to those people in the community who have different views by Council passing this unanimously so I'm going to vote against to reflect the fact that there are different views in the community on these various State ballot measures and um I want to represent those people who do have different views by voting no very good anyone else on this item okay I believe that oh Aon did you want to say something yeah sorry it took me a minute to get to the raise hand um well just that I I thanks for that Bob I understand your intentions that um it's

[126:01] perfectly fine but just want to say I think um it's valuable in my opinion for Council to offer um endorsements of um ballot measures or opposition to ballot measures that we think are uh in or against our community's interests and off and also that we in our judgment uh reflect the opinion of a strong majority of the citizens so I think we um attempted to do that on the legislative subcommittee and then bring that forward to the full Council thank you Aon and I will just note I agree with Aon on this um but I will note that there are 11 state level ballot initiatives we took a position on nine of them so a couple of them that didn't have a lot of Germaine interests to the city we we left with no comments um anyone else okay I believe that is all of the consent items that we were going to have a conversation about uh Mary you have a

[127:00] hand up I do um I think I'm going to vote with Bob on this one um and um not support the resolution for similar reasons um I felt that we should have held to the super majority proposal from the legislative committee and so um there were a couple of them in that in which I did not agree with um the majority and um and so I will be with Bob on this one okay thank you okay so I believe it is time to vote on the consent agenda this is just a show of hands from from what I have so I'll entertain a motion mayor yes I believe it's a roll call because the final ordinance is adoption okay uh my script said

[128:02] otherwise so I'm happy to do a roll call so I'll go ahead and move the consent agenda I'll second okay we have a motion in a second so time for roll call B okay uh council member wallik hi uh Weaver hi Yates I on all except for item number three F young yes and all except thef uh rocket I friend yes Joseph I Nagel I FL yes the motion passes 7-2 so I think the consent passes 9 to Z except for item F right which is 7-2 right right mayor Weaver yes um Shelly has

[129:03] indicated that she believes her microphone is working would you like to call her up for comment certainly the next item okay shy bear with me for one moment while I find you again and we're going to give this a try can you unmute yourself can you try speaking please I'm sorry Shelly we're still having difficulty hearing you another option would be to call in so she's actually asking me to unmute her phone so I'm wondering if she's the one Callin phone number let me just give that a quick try please and you might tell her if she needs to do star six as well okay Shelley I think I might be pulling you up on phone you'll need to press star

[130:01] six to unmute okay that works okay hello did it work it worked I'm sorry I couldn't see it was you oh okay honey thank you so much um I just wanted to talk to you about um something that has come across my life aside from covid and that's the addition um the uh the rebuilding of the Macy's building I live at 29 North and I've just signed my seventh lease so I've been here six years already I have a lovely apartment here I pay a premium price for the view that I get and uh uh all ready the second floor of Macy's uh there's very little of the Front Range showing and um it I I don't think that that would be very good for anyone in

[131:02] this building um like I said I'm on the third floor already and um I just have to say I'm also next to the Char parking lot and trucks go in and out of there all day long seven days a week it's noise pollution air pollution and um I can't imagine building another building there and adding additional uh traffic to this area and I also feel that it would be an eyore looking down our lovely 29th Street Pearl our mall and seeing this large structure at the end of it and in as far as Commerce goes uh Target provides everything and it seems like department stores are uh you know they're a thing of the past and um from

[132:01] what I understand they're going to put more stores in the bottom and then a restaurant and then office space on top and it's going to completely cut the view of our beautiful Front Range and as it is the only place you can get a full view uh of the Front Range is when you're coming out of of king supers thank you Shel and um thank you Shel sorry it's okay your time is up no problem okay Debbie so next on the agenda is your first call up and that is the U Macy's site at 29th Street and is there staff presentation on this lanee yes we have a presentation and I'm just gonna um get this booted up and request to um take

[133:02] control so bear with me so um while this is booting up um staff just prepared a few um brief slides to walk you through the process this is considered ation of a callup of planning board's decision on a site review Amendment for U the address 1928 or Macy's um it's planned to um be a redesigned and reuse the Macy's department store building as an office retail and restaurant with an addition on the west along with thead and fenestration changes daylighting um in the basement with a lower Plaza along with reduced um Street curb cuts and expanded bike lane some parking lot improvements with landscaping and Plaza improvements and so um this particular process is a site review it's not a use review and it includes a request to

[134:01] modify height under appendix J of the code for and for vested rights and note that there were code changes that were related to uses and Community benefit that were adopted after the application was made that can't be applied to the application um and therefore the review is based on relevant site review criteria bbcp policies and then design guidelines that were in place at the time in 2018 so just as a brief overview the sites within the bvrc Boulder Valley Regional Center which has been identified for decades of course in the comp plan as one of three regional centers and it provides a range of activities that draws from the entire city as well as the region and then the sites also located Center um of the bvrc and uh the comp plan defines that as primarily a commercial area providing retail at a range of scales restaurants offices and hotels at the geographic center of

[135:02] Boulder the bvrc is also adjacent to Boulder Junction which as most of us know is both a Regional Transportation Hub as well as a new mixed use neighborhood um where today there's about 1,400 residential units that are recently completed or under construction essentially fulfilling the terms of that Transit Village area plan and then within the bbrc the site's part of the 29th Street mall that was approved as a site review amendment in the mid 2000s uh for redevelopment for what had been the former Crossroads mall and this is actually pretty helpful to understand um how different it is today it was um started in the 1960s and had mostly um department stores in an enclosed mall and the Macy's um was originally that mnf department store it came Foley's and then Macy's and then today of course

[136:00] 29th Street includes a variety of uses from the Home Depot to the centry boulder movie theater along with some inline retailers restaurants and offices along with Fitness and athletic activities and then of course the 29 North Apartments with 280 residential units so at the time of the 29th Street Mall approval a set of guidelines were also adopted with the intent to ensure vitality and pedestrian orientation and for which this application is also subject to so the mall is well served by uh Transit uh number of local buses The Hop the bound 205 and bolt and then of course the regional RTD facility is a quarter mile North in Boulder Junction and then for pedestrians and bicyclists the RTD facility can be accessed from both on and off street bike Lanes um or multi-use paths and that also includes the Fairly recently constructed pedestrian and bike underpass there at 30th um that's being built um to connect

[137:01] to the New Paths within the Rev development property itself is just the department store building and it's owned separately from the rest of 29th Street it's about 151,000 Square ft it's on two levels an a above grade level single story and then a basement level and that includes a large loading dock on the northeast corner the comp plan designates this um as mixed use business mu and office and Retail fall under that anticipated business use the property is um zoned br1 business Regional one which at the time of the application submitt allowed office and Retail uses by right of course today under the code um office uses over 20,000 square feet are subject to use review in the br1 and then for the proposed project the applicant plans to reuse the department stores office and Retail um you can see with new window openings and fenestrations it's technically a three-story addition on the west half to

[138:01] the right side of the uh screen there um but it essentially reads us two stories when there's um this new lower level U the Daylights at the basement the buildings also plan to add light Wells at the center um to access light into the basement and a third story deck as you can see it would open up the entire West Side to Windows and then on the South Side facing the mall the applicants proposing to remove um an existing exterior escalator and create a roughly 7700 squ foot market place that's adjacent to the plaza they've talked about doing affordable retail in that location and then um there's plans in that Plaza to upgrade with benches planners soft seating Community tables and Uh Wood paralyses planning board uh discussed several key issues including if it's consistent on balance with the bbcp policies findings were made that the Adaptive reuse of the building response

[139:00] the compact development pattern and revitalizing the building response to 2.17 which is variety of centers and as noted in the policy of variety of activities are expected where people congregate uh for working shopping Etc and Regional centers are intended to be located near Transit and then uh regarding policy 2.18 which is specific to the bvrc the ReUse of department store building um and adding to the mix of uses in the 29 streets consistent with the city's goals to maintain the bvrc as a high-intensity regional commercial center The Proposal uh maintains that retail draw with that Marketplace space next to the plaza and the use um as office provides a customer base for the small retail shops at the mall then regarding the guiding principles that are referenced in 2.18 that encourage residential infill for new construction and Redevelopment it's

[140:00] important to note that that policy specifically references Regional business or general business land uses rather than the mixed use business land use of the site in the 29th Street mall and at the time the application was submitted in December 2018 again those code changes that were intended to reduce non-residential capacity in the bvrc hadn't yet been adopted so then for policies related to infill um environmentally sensitive Urban Design and Energy Efficiency minimizing construction waste the applicant plans to um adaptively reuse and repurpose the building and that um is essentially retaining embodied energy of the building rather than demolishing and constructing a new building and that supports the these policies and then of course the plan for light Wells and natural daylighting um into the basement um and the rooftop solar is in support of Energy Efficiency policies so the board agreed that the project meets the site

[141:01] review criteria including the proposed height of the building that's in general proportion to the height of the existing buildings in the area that are also subject to grades that drop off or step in the topography and in this case again the three stories would only be perceived near the stairs um to that planned lower level basement area rather than from 29th Street findings were also made that the plans address human scale design with ground floor entrances um and the use of the windows to create transparency and activity at The Pedestrian level that as you can see doesn't exist today and then uh similarly on the South Side um by removing that outdoor escalator and opening up the walls with Windows and entrances AC ity and transparency at The Pedestrian level will be enhanced site review findings were also made that the plans create a sense of permanence and durability through the use of authentic finish materials with uh glass curtain walls

[142:00] Pro protecting sunscreens and and metal panel and then um finally um let's see I got way ahead here um and then uh finally the plans were found to be consistent with both the bvrc and 29th Street guide lines in that uh the plans support uh pedestrian circulation usable open space the buildings designed to intermingle the inside and the outside and the plan voids blank walls on all sides so to conclude the planning board approved the application 4 to3 on the findings in the memo and um as discussed at the hearing and I'm happy to take any questions great thank you Elane I have a hand up I don't know if it's a leftover Mary I've got your hand it was a left over okay Aaron um I just wanted to ask about the the letter about the the failure of the

[143:02] notice um do we because I'm concerned about due process uh for uh people in the immediate vicinity do we have an opinion on whether notice was 100% sufficient or or was something potentially missed so the the 943 notice requirements were fulfilled and public notification was sent to within 600 feet of the project site um and then it was also um the sign was placed on the site um and then news from City Hall as well as Daily Camera notification was sent out um in this particular case it may have been that there was a previous case manager who doesn't work um at the city today that may have taken an email unfortunately that wasn't transmitted but um wanting to be notified specifically of the planning board hearing but as I say news from City Hall Daily Camera does provide that

[144:00] information oh yeah certainly I know we we met the kind of General posting requirements I'm just the concerned about the the assertion from from that one particular um party that they were told that the meeting was rescheduled and that they would be informed when the new meeting was going to happen but that they did not receive that revised notice yeah and unfortunately Erin I think that um was a result of a case manager like Elaine said um who who had uh initially taken the case all the way up to the hearing point and then uh resigned and moved on so we had no idea that there was um a courtesy notification that was hanging out there got it okay all right so so that good to know thank you Mark a couple of quick questions um this is referred to as an Adaptive reuse project can you give me a sense on a percentage

[145:00] basis of what portion of this building is actually being adaptably reused other than the basic foundation and maybe the middle portion so I think that's a fine question for the applicant if you'd like to have them join the call but my understanding is that the building itself is intended to just be retrofitted with Windows and light Wells um with that third story addition so it's not a wholly new building it's intended to be a reuse of that existing building just just from visual appearance it looks like it's mostly new um and I assume this project is is subject to linkage fees correct yep have we done a calculation of what those would look like um I believe it's um 1.8 million for the linkage fees um and uh again perhaps the applicant has done some the minute calculations we ask that again

[146:02] um and do you know if this is a um a project that's that's being done to take advantage of opportunity z uh uh tax benefits do we know that one way or the other I don't know that NOP that's not of site review analysis okay those are my questions for the moment thank you thanks seeing other questions I'll ask a couple how many jobs do we expect to be created net here net new job spaces so we we don't have that information specifically because of course um the way office buildings are being configured is sort of being reconsidered um during covid but I know that from the TDM analysis that the applicant did um the uh Institute for transportation Engineers the it estimated uh Department Store is

[147:00] having uh potentially up to 3,458 daily trips and that the um office would have 1600 daily trips so I don't know how that translates necessarily to bodies but um I think as a general rule of thumb we're looking at a decrease in the number of bodies coming to the site as a um office workers versus um retail um folks who are coming to shop that's an interesting assertion because I thought it was just the other way I thought at any given time there might be one or hundred people in the Macy's retail store and that this could be 450 to 750 people in an office setting so you just said something that I didn't quite understand you said that you thought it would be a net decrease in the number of people at the site um is that based on customers or employees or how did you come up with that that's the

[148:00] uh daily uh vehicle trips per the it and that's in your packet as part of the applicant submitt and in the TDM okay so it's a vehicle trip measure not exactly a a job housing or or who might be working there measure correct okay great and then the other question was in that addition that's going to be put on the third uh floor or whatever floor uh it's called um the upper addition how how many square feet is that and is that expected to be office is it expected to be conference room what's the function of the addition that's going to be put on um so my understanding is it is office space and and um I don't have that number off the top of my head I could probably grab it for you or if the applicant has it handy they could probably jump in no I don't need to hear from the applicant I don't think I was just curious if just you

[149:01] answered the question it's more office space so the addition of height is going to be to create more office space thank you Mary do you have any questions yes I do um I just wanted to better understand um in response to uh Mark's question regarding linkage fees it was 1.8 million and so I'm wondering if the way it's calculated is you're taking on the existing square footage you're taking the Delta between retail and office and then on the new space it's the full amount is that how it was calculated um you know I don't have that Handy Mary that's um something that would probably come out of the pre-building permit so that number is actually calculated before they pull a building permit and not something we would factor in in our site review analysis okay thank

[150:00] you okay I don't see any other questions um do we want to have any discussion or does somebody want to make a motion um I'll make a motion I move that we call up um the site review for the Macy's Redevelopment um is there a second to that yes I'll will second it okay we have a motion and a second any discussion Mary do you want to speak to this yeah I do um I just wanted to um stress um that the need need in the city is currently housing and I think that this particular um project illustrates um how quickly and um severely the the imbalance can happen

[151:03] um further further happen and I also think that this is an opportunity to um address this project um with policy which is the case um the case in which you call up is when there is a kind of a misalignment between what is going on and our policies which um our policies have actually changed however um um I do understand that you can't apply the new policies to something that came in right under the wire but I do distinctly recall that um the evening that we were going to put in place um I believe it was the moratorium um this was submitted it that same day and I believe at that point um the bbcp of the 2015 um update had already passed so there was an awareness of the policies

[152:01] that are in that comp plan 2015 comp plan document so um that's my rationale um and um yeah that's all I have thank you and then Mark you seconded would you like to say anything um uh no I support everything that Mary said on this I will have other questions um but most for the most part I'm going to want to direct them to the uh sponsors of the of the uh project and I'll wait until the uh the call up to do that thank you Mark Rachel and then Bob and then Aaron Rachel yeah I may have a question for staff or um the applicant but I'd like to better understand what the change was to the comp plan um because if the applicant relied on sort of the existing law basically or existing um setup and criteria and then went forward for two

[153:03] years planning on that I think you know as an attorney if you get in under the deadline then you you play by those rules so I'd be concerned if we are changing something up right now so I'm hoping to get clarification on that so that would be either maybe to Elaine or the applicant I could I can answer that Rachel one of the first um site review criteria is that it meets the Boulder Valley comp plan and um so that's under those terms of the site review um we can review this project I I appreciate that I guess I'm I'm it seemed like Elaine was saying that we that something kind of shifted did I misunderstand that and were they not proceeding in One Direction and now we're thinking about changing it the opportunity Zone had not gone into place when they put the application in I think that's the point that elain was making so the moratorium which was

[154:02] going to go into effect the next day was not in effect when they put it in and furthermore the changes that we made subsequent to the moratorium um favoring smaller office spaces was not in effect so we can't use the rules that were made after the the opportunities Z Mortor went into place but as Mary said 2015 update to the comp plan was done at that point so the comp plan that is now in effect was what was in effect when they put the application in just clarify on that point the the comp plan um 2.18 that is in your packet in that I had uh presented does talk about Regional business and general business business as opportunities for residential um as opposed to mixed use business so there is some confusion I think there about um what was intended for 29th Street Mall which is mixed use

[155:01] business thanks uh anything else Rachel no thanks Bob and then Aaron Bob yeah um I'm going to vote um in favor of a call up for three reasons well in addition to the reasons that Mary stated uh three reasons one um this is as far as I recall this is the largest uh new office building in my five years on Council that's been proposed and so I think this is something that that um merits a community dialogue doesn't necessarily mean that it'll it'll pass or not pass but I think it's worthy of a discussion second is we we have heard that some members of uh the community felt that there was not adequate notice or that they miss the opportunity to be heard at um at the planning board for various reasons and obviously if we call this up we will um have they'll have an opportunity to speak to us about that so it seems to me we can cure any deficiencies that people feel happen and

[156:00] then and then third and maybe most importantly um you know when we have a four to3 split on our planning board I I think it's it's incumbent upon us to continue that Community dialogue we obviously had a very very close uh vote on on planning board we have very smart people um who have a variety of of diverse views on planning board and I think it's incumbent upon us to take that up have further Community discussion and evaluate the project on its merits in in conformance with the um site review criteria so I'll be voting to call it up Aon yeah um so I I think it's important to evaluate uh the project on the the basis of the the ordinances that were in place at the time that it was submitted um but I I am concerned about the due process issues um and the lack of notice to people that uh expected to get notice so I'll I'll vote in favor of the call up so that we can make sure and satisfy those due process concerns and then I'll look forward to the full discussion at the site review

[157:01] hearing great thank you any other comments questions okay then there's a motion in a second to call up um the site review amendment to Macy's department store all in favor raise your hand one two three 4 five six 78 Rachel put her hand up nine so it's unanimous so we will call up the site review Amendment okay Debbie next on the agenda is the call up for the vacation of three portions of two utility easements located at two 2051 63rd Street any interest seeing none I I would put out there Council we're going to have another roughly two and a half hours

[158:01] going forward so we could take a break now or we could take a break after we do um the hearing on the budget the second reading of the budget shall we wait and do it right after the budget and then we'll be two more hours okay so let's go ahead and go through the public hearing first public hearing is the second reading of items related to the 2021 budget and this will be presented by Cheryl patelli this evening thanks Jane uh next slide please so we have a very short presentation for you this evening uh I have a slide with the numbers on the 2021 recommended budget then we'll talk about the Amendments approved at the first reading on October 6 and and followed by school resource officer funding next

[159:04] slide next slide please thank you so the 2021 recommended budget is 341 .7 million which is a 7.6% decrease from last year or around $28 million decrease from last year uh the city's operating budget represents 80% of the total budget and as you can see dedicated funds for both the operating and the capital budget make up the majority of um those budgets at the city next slide so at the first reading if you recall we had about $950,000 of Revenue in excess of budgeted expense in the city manager recommended budget and Council had voted

[160:00] on um allocating approximately 560,000 of that uh to the following uses first uh 200,000 for housing and Human Services and this uh funding will be allocated ably to programs addressing covid-19 priority needs including but not limited to food housing assistance and acute physical mental and Behavioral Health Care the 100,000 for Arts grants uh City staff will work with the Arts commission to fully fund the general operating Grant category and will also discuss options to divide the remaining funds to other Grant categories 100,000 for Library will be used to partially restore service levels for children and families at the main library as health and safety restrictions permit and finally the 160,000 for fire rescue will be used to

[161:01] maintain service levels for the first half of the Year while building out the light response pilot so after these 560,000 in amendments we will ES estimate that the 2021 reserves will be approximately 177% and as you recall our goal is 20% we had to dip this year due to the pandemic we expect to end this year at around 15% but hope to in the next year or two of budgeting um get back to our goal of 20% certainly I think uh this week improved uh with the fires with and also obviously the pandemic the importance of our Reserve serves next slide please we wanted to clarify uh the school resource officer funding from last meeting so in 2020 uh our budget has five officer positions dedicated as

[162:01] sros these are all City funded in 2021 we are budgeted to repurpose four of the five positions uh to training positions to support accreditation and also police reform and the remaining one position um council did approve to be uh utilized for funding the SRO position but if Boulder Valley School District decides they do not uh need any sro's the police department would move that one city funded SRO position back to patrol and if you could go ahead two slides thank you so tonight um we have four ordinances before you one uh ordinance 849 26 is to adopt the 2021 budget 8427 is to establish the property tax Mill Levy which is set at

[163:14] 11.98% fees many of which we've talked about um at the last few budget meetings so with that I will open it up for any questions that Council may have thank you Cheryl Mary yeah thank you Cheryl I just have one quick question and that is with respect to um the $200,000 that went to um housing in human services and the proposal to use that for um Human Services Grants and I'm wondering if those grants include um money that is

[164:00] um contributed to the um funding collaborative I'd like to defer to Kurt to answer this question please uh good evening Council Kurt fover director of Housing and Human Services um so the funding collaborative um doesn't dedicate there aren't funds dedicated to the funding collaborative the funding collaborative um is the various funders coming together to coordinate their funding responses within the community um and to understand that they're um coordinating and leveraging um their funding in in the best to have a best uh impact um so the the the 200,000 would not be going to the collaborative okay thank you y any other

[165:03] questions okay seeing none I think we go to the public hearing now and I have five people for the public hearing Sarah is that right yes that's correct great one of them is Mr gban and I'm not sure he's in the meeting got it so let's start with the first three Paul colan Lyn seagull and Mark gelband Paul hi I I want to start off Sarah I love the new format for uh public comment and open open comment um it's great to see everybody's faces um I would short comment for that short presentation whatever the election results when those a draw we need a plan to stay on track to our climate goals and we need to analyze the plan not only for carbon reductions but also for costs and funding this 2021 budget should have

[166:03] been informed by that analysis this budget is incomplete without a funding a plan for reaching our climate goals there will be significant differences depending on what happens in two weeks I sure wish you guys had done some work on that thank you very much thank you Paul next Lyn seagull Mark gband and Helen verer Lynn can't unmute ahead sorry it's soon as it comes up I jump on it um this these fires this virus these are the reasons we need economic stability in the city these are the reasons we need a firm no on 2C and

[167:06] 2D these should never have been put up 10 years we've been working on this I'm not voting for council members at all in the future I can't trust anybody anymore and I hold the people that that approved that that uh approve a municipalization accountable also because it's your responsibility to convince your fellow council members not to do something this utterly irresponsible and destructive to the taxpayers funding of this city for decades to come this is a stunning indictment of all of you to have allowed this to come

[168:03] about I'm ashamed to Boulder after this my mom and dad were in the hiking Club you know I thought I thought something of this place shame on you shame on you how could you deceive our causes so flagrantly thank you Len next I'm not I've got a minute okay go ahead we need a we need a little medic meditation time here whatever the outcome of this thing I'm not going to go shouting in the street when municipalization

[169:01] wins that was a that was something that should have happened the right way you know to see I voted for those funds and now you asked me to redirect the use of those funds how dare you stunning I had I had 12 seconds when I got muted I didn't swear I spoke truth to power a technical error we'll give you the rest of your 10 seconds please thank you think deeply about what you have done and I hope you sleep well tonight and I'm being factious thank you Lynn your time is up

[170:01] next we have Mark gband Helen verer and David Glover is Mark in the meeting yet I do not see Mark in the meeting but we do have um Helen verer so I'm going to unmute her right sorry I had to take a second to click on mute can am I being heard Yes sounds like y great hi my name is Helen rerer and my pronouns are she her hers thank you so much for offering this space for me to speak today I just want to express my extreme concern for the proposed deep budget cut to the youth opportunities program I was born and raised in Boulder and benefited immensely from yaps programming growing up in a community that valued and funded programming by and for youth shaped who I am as a person and made me a better Global citizen in large part through Yap and Yo's work this town raised me to be a caring engaged confident and competent person as Boulders demographics continue

[171:01] to shift I think now more than ever it is important to continue funding programming like this to help make a more just and Equitable Society for the generations to come additionally it is important to note that these grants and programs have a huge impact on the community and the community's youth at large the former budget of $150,000 a year created huge opportunities for thousands of Boulders youth finally I know that tonight the council's considering a resolution or has already considered a resolution um recognizing racist policies which create a Public Health crisis facing communities of color and Boulder I would urge you to also consider the practice of cutting funding to Youth by 71% as a related and intertwined Public Health crisis I work in community health professionally and I can assure you that not investing in young people will only perpetuate the systems of inequity we see and have seen for a long time playing out in this and other

[172:00] communities thus I implore you to reconsider this budget cut and find a different solution and that is all I have to say unless anyone has a question for me no I don't think we'll have questions thank you for your test Tony thank you and then finally we have David Glover hello everyone can you hear me we can hi uh my name is David Glover um I would also like to speak about the budget cuts for the uh youth opportunities program I served on the board from 2006 to 2008 and um I would like to Echo Helen's comments and I would like to Advocate to keep as much of the budget as possible um yoab is a learning lab for young adults in yoab we learned Civic engagement um how Community boards work um we were exposed to diversity training at a very young

[173:01] age and I would like to read for you comments from a recent yoab alumni meeting that we had during covid about um the way that yoab impacted different members of the board um many people said that they learned how to run a meeting they learned leadership skills they learned cross-cultural awareness they learned Intercultural competency skills critical thinking grant writing Community awareness Community Building team building and um how to work with people different than themselves um the fact that me and Helen are here is a tesate to how yoab um prepared us for civic engagement and participating in the community process and um I I would just like to say that during this crisis young people are impacted drastically um because of social distancing and I think that keeping as much of the budget as possible will allow the board to create

[174:02] opportunities for young people to bounce back from this covid crisis and as Helen said to address um racial inequality and other issues that we uh um want to remove from Boulder um I thank you all for your time uh and your consideration and again I just want to say that the program had a huge impact on all of us and um whatever we can do to maintain the budget for the future of the program will have a major impact on future youth thank you thank you David okay at this point we will bring this back to council and I would ask if there are questions or comments or emotion So Adam sorry Aaron just beat you so Aaron then Adam Aaron I'm fast on that buzzer there so well I just wanted to address the the

[175:01] comments from the the former yob members we've gotten a few emails um with some similar comments and I wholeheartedly agree with with you all about the need for for youth programs and engagement I mean my understanding and staff correct me if I'm wrong the the yoab program is continuing the fundamental activities of the program are continuing uh there will be somewhat less staff support and the big budget cut as I understand it is that they will not have grants to give next year um which is unfortunate but I just wanted to reassure folks that that yoab as a program and its and its primary activities are continuing and and I look forward to um a budget sometime soon hopefully next year where we could restore at least some of Yo's um Grant giving budget thank you Aon I've got Adam and Mary Adam yeah I would Echo what um Aaron just said maybe even when we look at

[176:00] where we are Midway through the year if we can do adjustment to base or something along those lines um we'll see what happens with Corona virus but I agree um getting that funding back as soon as possible is important uh the two things I want to bring up and I think I will further bring up in the future are um I think it is a little interesting that we put the budget before uh our Retreat simply because the budget very much locks in maybe not the full range of what we're able to do but it doesn't allow us to shift a lot um as may be necessary in times of great change so um that may be a conversation for um The Retreat itself I just kind of think it's important that you know we we not lock ourselves in um monetarily before we have our our actual legislative priorities laid out on the table um so if we could look at some potential ideas about how to you know

[177:02] reverse that order I think that would be helpful not only to us but to the community in general um second I'm very pleased to have brought out the additional fire and rescue service uh especially given our current circumstance and I hope that we look further at funding the fire department which um compared to other surrounding communities I would consider um underfunded for the level of service provided um comparatively so those two things I think are important to look at in the future and um especially given our current circumstances thank you than you Adam Mary yeah I just wanted to to uh bring up again um The Proposal that I brought up during the consent agenda regarding um racism as a um Public Health crisis and then coming up with a proposal to put our actions where our words are in

[178:01] this case I would like us I to put our money where our words are and um Kurt responded that the the $200,000 that was allocated to HHS um does not cover anything in the funding collaborative and if the opportunity arises I would like us to be able to contribute to any measures that would um go towards an effort of bringing parity to those racial inequities that we're seeing um with of the impacts of covid thank you Mary juny yes but I see Jane's hand is up Janie go ahead I just wanted to respond directly to Mary you'll recall that when we brought the budget forward on first reading we

[179:00] had $950,000 that we were going to place in reserves or a contingency it really didn't matter where it would go and the point of that was to focus on unexpected unforeseen expenses related to covid we do have some of those dollars left and they're now in the reserves and so that would be the intention that those remaining dollars could be used for that purpose thanks great thank you Jane um yeah and I just wanted to stress that if there's anything that we can do to say you know we're we're we're serious about this and we're putting this much money up towards that effort um you other communities in Boulder County please join us um so I'm just um proposing something and um if the opportunity arises I hope that we can do that thank you Mary juny thank you I have two questions and

[180:01] I actually have a question for Mary I'm sorry Mary I feel like your what you brought forward went right over my head because I don't understand what you asking so it seems like you're talking about a program but it's not so I'm just wondering I'm a little bit confused sorry yeah sure I'm happy to clarify um the when we were faced with the um outbreak at the University um we all of us came together um and by all of us I'm talking about different governmental entities which was the county the city the university um the school districts everybody came together and put forward um a whole bunch of efforts that did bring down the case count and so what I'm saying is let's do the same thing to address these inequities these racial inequities that we're seeing and one of

[181:01] the ways that we can do that is through the mobile testing unit that just launched this week one of the um objectives of that mobile testing unit is to address the racial disparities and what I'm proposing is that we take that a step um further and to use the California model which says that you cannot move to the next level of reopening unless you meet these goals and the goals include um getting closer to parody with respect to the cases the covid cases in um communities of color so um I'm just saying let's put some money towards that effort and um yeah so that's um and I'm happy to chat some more and answer more questions if anybody's got them yeah thank you Mary I really appreciate that because I wasn't sure what you were asking now I get it that we need to put money toward mobile testing or I get it

[182:03] thank you but I think my question I wanted to go back to the question about yab and I felt that conversation we should have had last week when we were allocating funding and moving funding to different places um and my question I guess would have to be for Jane because we are talking about um the SRO funding and I'm wondering is there a possibility let's say and I think it was mentioned earlier during the presentation let's say that um Boulder Valley decide that you know they don't need rsro can that money be put toward maybe funding um yab because I think some of the emails that was sent is that 70% of their programs are being cut and again I think what resonated with me was what some of the people mentioned that it's so important for young people these programs and I can say for my own

[183:02] personal development as a youngish woman um these you know those type of programs really help funnel young people to productive things Society so I would like to see that funded and I can understand covid-19 is a very um you know we're cutting everywhere and it's something that's really uh difficult right now for us but is there an opportunity to add to the funding before next year the the only opportunity that you have I guess is to say that some of the dollars that remain unspent from the $950,000 that we started out with could go to yoab you know we all love yoab and I'll tell you that one of my favorite meetings every year has been meeting with the yoab students who are

[184:01] responsible for um allocating the grant dollars that they have it's always a great meeting um while we can say that 70% of their programs are cut really their programs haven't been cut but one program the very expensive program of Grants is the one that's been cut for this year um I guess my suggestion would be that you wait until we get a little bit into the the coming year see how we end the year in 2020 and then find the money in reserves or in hopefully additional new revenues when the economy bounces back to fund that program one of the things that um I talked to Kurt about and I think this is true and he'll jump on if I'm not saying the truth is that we were going to try to have the students that would have been involved in the grant program participate in either the Health Equity Fund or some of the other funding opportunities that we have so that they

[185:01] would get that experience but it would be um not money completely dedicated to their discretion so we're going to try to give that that experience to the students thank you anything else jinny no thank you okay I'll just jump in here and say a few words um one I agree with Adam quite a bit about funding for the fire department um I do believe that we are both um a little underfunded and we don't provide the level of service that people think we do that was certainly the the conversation we were having around um trying to get every firefighter certified as a paramedic and looking at the the way that we do transport and the way that we provide Advanced life support so um Co has thrown wrench in that process a little bit but in the meantime I think

[186:01] we need to make sure that we definitely support the First Responders um they're taking risks that probably we don't all appreciate in having to go and make close contact with folks who may or may not um have covid so they have to take extra precautions over and above what they have had to do before so I would support Adam's position on that and um I think in this time we really need to be making sure that we don't go backwards at all and then to Mary's Point um and juny just to give you an example of of what I've been thinking about on that mobile testing site I don't really know exactly what its capabilities are besides testing but it has a lot of possibilities for education and Outreach depending on where it goes and where it's assigned to um and how it's used there's a lot that can be done with that as a resource that goes out into the community particularly underserved communities and another

[187:00] thing that I understand is that that unit is funded through the end of the year now it would be really nice if Co was gone by the end of the year we had a vaccine I think that's coming next month if some people are to be believed but if that doesn't happen I think we need to be able to fund that mobile testing unit into the the next year so that would be another reason to keep our eyes on what what we can use to promote Health Equity and I think that mobile testing unit has both possibilities for enhancement potentially and certainly we want to continue it until um it's no longer a risk to our community the pandemic is no longer a risk so I I want to also support what Mary said about making sure that there are funds available for that and for other purposes um I believe the program that Mary mentioned in California probably is not something that Boulder the city can do on her own because we're not the health authority but at the very least we can talk to the

[188:00] county about that and we can make it um something that we Lobby our state legislators about I don't believe it's in the legislative agenda at the moment but it's certainly something that we could think about going forward so that's all my comments anybody else have comments or would someone like to make the motion that has four parts to it sure I'll make a I can um make a motion if somebody puts up the slide for me to read from I tell you what Mary I'll just make the motion I'm allowed to it turns out so um I will I'm going to make all four motions and then we can separate them if we need to I move that we adopt ordinance 8426 adopting the 2021 budget I move that we adopt ordinance

[189:01] 8427 establishing the property tax M Levy for 2020 to be collected in 2021 I may that we adopt ordinance 8428 appropriating the 2021 budget and I move that we adopt ordinance 8429 changing certain fees we'll second each of those motions thank you uh Bob I'm gonna vote in favor all the Motions I just want to observe on the mevy it's often overlooked um Jane correct me or cherl correct me if I'm WR I think the last time that we increased the city's mil Levy was in 2011 so I think we're going on 10 years with the same mil ly is that right I don't know the exact year but it's been quite a long while and 10 years sounds about right the thing is that we're pushing up against the charter limit with regard to the amount of the Mills that we can impose great thanks

[190:03] Jane Ain yeah well Mary I just wanted to check in with you I thought you were presenting some excellent ideas and do you feel like um the direction that you've put out there and you've gotten some support for that direction including for myself and Sam and I think others that is that sufficient to sort of you know do what you were trying to accomplish I believe so um basically putting our actions where our words are and putting our money where our mouth is so um I think we can get there and I think hopefully um staff has the direction they need to um to uh pursue that and if they um certainly if I can be of help or if any of us on Council can be of help to be further Advocates of this idea um here we are great well thank you for raising the issues Mary I appreciate

[191:00] it welcome okay great I don't see any other hands up and we have a motion in a second um I think I'm ready to call the vote so all in favor of the four motion juny do you have something it's me debie oh it's roll call thank you Debbie um mayor Weaver I on all four council member Yates yes young yes rocket I yes Joseph yes Nel wettick yes wallik yes the motion passes very good and I'm going to

[192:00] suggest that we take a break here and come back for our last two um we have the second public hearing and then we have Matters from city manager update on East Boulder subc Community Plan so it 20 to pick back up thank you council members for that vote thank you Jane

[193:11] one

[202:40] this directly across Walnut Street from

[203:01] Macy's in 2019 I wrote to the planning department to express my objection to the proposed reuse of Macy's I was informed by email from Shannon Mohler case manager on jly July 9th and again later that I would be notified when the Planning Commission hearing was held was scheduled I was not informed nor were others including the attorney for 29 North who contacted the planning department we could not be present therefore to express our concerns so I thank you for this opportunity to respectfully request that you call up the proposal for further hearings and also to express one of my concerns last September 2nd Macy's CEO Jeff Janette told CNBC that he quote sees a huge opportunity for Macy's in luxury retail as other chains go bankrupt in quote it would seem Bolter demographics would support such a store conversely there seems to be no lack of office

[204:01] space walk down Walnut past 33rd and there are many signs offering space in addition more office space is nearing completion just across 30th Street from Macy's at rev and there's more office construction at 30th and pearl some companies are estimating that up to 30% of their employees can continue to work from home after covid the remainder can be Consolidated and office space sold 29th Street Mall needs an anchor so to me the highest and best use for all Boulder citizens is its present use retail as you know moratorium halting exemptions to height restrictions was in effect in until Council finalized rules council did and I believe they should apply here in earlier reports to Macy's on their proposal staff referred to conditions for height exemption and Macy's made some adjustment both parties must have considered the conditions relevant until the final report I still believe the

[205:00] condition that substantial benefit to the community should result from the height exemption is applicable I do not believe that this project has demonstrated benefit for Boulder citizens thank you you for considering my request for call UPS that full discussion can be had and with that I believe that we're ready to move on to the second public hearing your second public hearing this evening is second reading and consideration of a motion to adopt ordinance 8431 designating the building and a portion of the property at 1770 13th Street as an individual Landmark per section 9- 11-5 of the boulder Revis code and one of our young leaders Marcy Cameron will take this matter Marcy thank you um and good evening Council um if I may I would just like to start by saying thank you and goodbye to Jane I so appreciate your leadership and

[206:00] have learned so much from your courage your kindness and your resilience um I wish you all the best in your retirement and we'll miss you tremendously thank you Marcy okay and I think Chris is running this so I'm I'm just going to say next when um when I'm ready so next so starting out with the procedure for quasi judicial public hearing I'll give a staff presentation and then the applicant will have um 10 minutes to present the public hearing is then open for public comment and after that the applicant will have a chance to respond to anything that was said the public hearing is then closed and city council discusses and a motion requires an affirmative vote of at least five council members to pass a motion next Slide the criteria for your review is found in 9116 of the boulder Revised Code which is to determine whether the

[207:00] designation meets the purposes and standards of the ordinance in balance with the goals and policies of the Boulder Valley comp plan that is whether the designation would protect and enhance a building site or area important to our history or provide significant examples of architectural styles of the past next the options in front of you tonight are to approve the designation by ordinance modify and approve the ordinance or deny the designation next Slide the friends of the boulder damb house submitted the application in February of this year since the application was submitted by someone other than the property owner it went to the landmarks board twice once in March and again in July and the landmarks board unanimously recommended designation next so the property is located on the east side of 13th Street between Canyon and arapo and across from Central Park

[208:01] the 13th Street Plaza is to the north and an irrigation ditch runs between the tea house and boka on the south next many people know and love the tea house so I'm hoping tonight to share some things that highlight its unique history the building is here because of a Grassroots effort to establish friendship and understanding between people in Boulder and dambe then located in the uh in the Soviet Union the building was given to the city in 1987 and has roots in the sister city international program established by President Eisenhower at the time of the gift the tea house was the largest gift ever ever given to an American city by the former Soviet Union and the only gift of an actual building between the Soviet Union United States sister cities and the tea house is a symbol of international friendship and it took a great Community effort to fundraise and make this a reality next

[209:01] Slide the tea house was designed by Moscow train Moscow trained architect lot chandes it was originally designed to be a raised open air structure with an open roof and local architect Vern Cyro was tasked with enclosing the tea house and traveled to duch with Lotto to adapt the designs to Boulder's climate together they conceptualized how to meet the necessary requirements without compromising the Integrity of the traditional design next slide in a few notable character defining features of the building include its triple hung windows on three sides the decorative tile panels a recess entry and a low pitched roof with a central Skylight next there's also a utilitarian addition that's located on the back of the building that was designed by Vern to house the restaurant kitchen it's considered a non-contributing feature which means additional flexibility would be allowed for changes in the

[210:02] future next moving on to the criteria for designation this is what considers its architectural historic environmental significance next from 1988 until 1990 Tek artists and master Craftsman constructed The Tea House in damb and in Tajikistan the building was disassembled and sent to Boulder in 200 wooden crates and from 1997 until 1998 with the assistance of tajik Artisans the city reconstructed the tea house at its site on 13th Street here's an interesting fact if designated the tea house with its construction completed in 1998 would be the youngest building locally landmarked in Boulder the Boulder Theater which was designated in 1980 is the second youngest and it was 44 years old uh at the time of its designation next

[211:01] slide um The Tea House displays High artistic value as seen it in its intricately handcarved and brilliantly painted wood trim and decorative um tile panels and it is believed to be the only charona or tajik tea house in the Western Hemisphere and this building really is that integration of art and architecture um that you could spend hours just looking at its detailing next slide um the next piece is its environmental significance which looks at its site characteristics so that includes its location within the Civic area and um next to the 13th Street Plaza it's part of the setting for the farmers market and boka and all of this is suited to the tea House's function of a community Gathering Place other features include its elevated design which speaks to its Pavilion um kind of nature it's a landscape design in the

[212:00] rose gardens and also the Tea House Trail which runs along the mocha and has um uh specialized tiles embedded in the concrete and um poetry and art on the bridges next slide so um the landmarks board included a recommendation for the creation of a maintenance manual to ensure prop proper methods and stewardship of um both the interior and exterior of the building intent is to collaborate with the friends of the Tea House who were many of them involved in the original construction and assembly of the building we've met with the facilities and Asset Management um folks and they are supportive of this proposal um and so is staff to document what the proper maintenance would be into the future um you also received a hotline email today with Tom Carr with different options on how to protect the interior and I would um refer questions about

[213:02] that to him um in your questions next Slide the second piece that makes this designation more complex is the inclusion of a portion of an irrigation ditch staff has met with a representative of the ditch companies over the last couple weeks and have worked to draft language that would address their concerns next Slide the language is included in section five of the ordinance and ex exempts ditch maintenance repairs and improvements from historic preservation review adding this section to the ordinance does mean that this would need to go to a third reading which could be on your consent agenda next slide all right so the recommended boundary includes the north and east side of the building and then extends West to the property line and South to boka to include that tea house Trail and the recommended name is the boulder duch tea

[214:00] house next slide and with that staff in the landmarks board recommend that city council approve the designation of the boulder duch chamb house and with that I'm happy to answer any questions you might have thank you Marcy Council any questions okay I don't see any Marcy I think we can move oh hold it Mary thank you Marcy um appreciate the presentation I have um just a couple questions one is um on the maintenance manual the the proposal to do that so um as I understand it a maintenance manual would be developed and then um what would happen as the interior needed

[215:03] some some sort of Maintenance um would then would staff consult the maintenance manual and develop a specific plan and then go forward with it or would a maintenance manual include some sort of a landmarks board approval or how how would that happen or is there any proposal for that yet I think the the details are being worked out but the idea right now is the maintenance manual would be the documentation taking that um institutional knowledge and putting it down on paper and having it as a resource that that staff and the um the restaurant would uh refer to in the future but there wouldn't be any formal required review by the the landmarks program I think what there could be is an agreement between facilities asset

[216:00] management and the historic preservation program um but there's not the formal mechanism of requiring like a landmark alteration certificate for interior work or just or even something lesser just um just to say yeah we put our stamp of approval on this not not to the degree of a landmark alteration certificate but just to make sure that um there wouldn't be anything that would be detrimental um so I think we we would be looking for your direction on this the landmarks board recommend recomendation was for Council to direct staff to create the maintenance manual if you have ideas um I think we're just in the very beginning stages of of figuring out what that might look like okay great thank you Marcy and then um my next question has to do with the um the change to section five of the ordinance for the exemption

[217:02] of the ditch company maintenance um that doesn't have any effect on the landmarking boundary because that as I understand that the boundary includes that correct yep so the ditch still runs through the landmark boundary but section five um establishes that an Lac or historic preservation review isn't required for ditch maintenance Improvement um work great and the ditch company was okay with that um change yes and the representative is is here this evening I think he's planning to talk under public comment but um from where we left in our last meeting I understood that we um found a an agreement great thank you Marcy uh Bob yeah my question is probably for Tom Tom can you um speak a little bit about um how we handled the interior of the

[218:00] Harbeck house um that would had already been landmarked I know we were turning over uh possession of that uh under a long-term lease to a to another party a year or two ago and and I think we were concerned about some of the Interior aspects and think we put in place a declaration or Covenant or something like that could you speak to what we did there to protect the interior of the herbeck house sure and I we we we created what was called a declaration of use which limits the changes requires notification before changes and is an attempt to bind future owners in the event it was sold U I posted a copy of the Declaration of use for the back House On The Hotline this afternoon so people can see it great and does that that also bind uh an addition obviously the city is the owner of of the tea house just as it's the owner of the Harbeck house but does that also um bind um tenants so for example I know there's a tenant operator uh restaurant in The Tea House does that

[219:02] restrict what the the tenant can do yes well it mostly acts as a way to provide notice to anyone that there are restrictions on the interior um I believe that the Harbeck house also restricts the tenants the release Provisions which would be something you could do for the tea house okay great thanks Tom and then Mark Tom does the Declaration of use require either the lesie in the Harbeck house um or anyone else to actually run changes past um any landmarks agency I Mark Mark will you if you don't mind I'd like to take a quick look and read it I my recollection is the answer that answer to that question is no okay but let me just take a quick

[220:02] look so what it says is it intended that that any work or maintenance associated with the interior features will be done in a manner that is consistent with the Secretary of interior standards for the treatment of historic properties and guidelines for preser for preserving rehabilitating for restoring and reconstructing historic buildings interior spaces features and finishes and we have to run does that Lei have to run that past anybody before doing the work or is it simply an obligation they're expected to comply with so I believe I would read it as an obligation that they're expected to comply with okay thank you so and of course Mark we could construct a declaration of use that had any kind of provision that Council sought this was for Harbeck house thank you Rachel um yeah so I uh love the interior of the tea house as much as anyone and I'm just wondering is it like is there a

[221:02] time sensitive issue here like is it is the interior under threat currently from somebody wanting to change it I think we're the owner and it only really be coming from us so I'm just wondering like is this something that we have to figure out this evening is there a current threat I would ask maybe Marcy that question I'm not sure who else to direct it to well Jo oh go ahead Tom I was gonna say Joanna crean who who's director of the as well yeah good good morning what am I talking about good evening sorry um I'm Joanna cran I'm the director of facilities and Fleet and so as the owner of um the city buildings as everyone was just talking about the Tea House we very much want obviously the interior to remain as beautiful and as fabulous as it is um and so no there is

[222:02] nothing um that's right before us or we have to make any pending decisions um we just continue do regular maintenance um and that's the extent of it at this point thanks Joanna feels like morning to me too I know sorry we'll get there soon enough so I have a question for you as well Joanna um I thought that there was some precipitating event that caused concern about the interior something that maybe the current tenant had done um maybe they weren't aware of the issues but could you talk about what might have happened to precipitate concern about the interior yeah um so um the most recent one had to do with painting of the um of the fountain and um honestly um that was something that had not been an issue in the past I think in our covid

[223:00] environment um and unfortunately the challenge that everyone was having with trying to keep their staff um busy and occupied and being able to continue to pay them for work uh they ended up taking on this additional um piece of work that we actually uh did not know about until it had already occurred um that's not something that's happened in the past um in terms of the work that we've been doing and the partnership that we've had with the tea house and you said something um you said the most recent one have have there been other occasions besides the painting of The Fountain um no I mean in terms of the situation that you were just talking about that would be it um I know that a number I don't know how many years ago but um we did uh do some work on some of the columns and we had thought that we were staining them in the same way and manner that they had been before as it

[224:02] turned out the stain that we use and this was on us on on City staff um ended up uh turning a little bit darker it was not the intention um we were just trying to continue to maintain and preserve so when there's this discussion this evening about a maintenance agreement we're happy and excited to try and get specific as we can so that we can continue to keep the interior um as vibrant as it is great thank you Rachel can I if I could if I may do just a a quick follow follow up on that um for Joanna and Joanna on the on the maintenance manual what are your um thoughts on um as you come to a specific plan um say for example if you were going to restain The Columns at some future date and the maintenance plan were in was in

[225:02] place who would you go to or how would you confirm that the the new stain wouldn't darken it beyond what it is intended to be well um to be honest I think some of this is as um we've had folks do work in the past and then they're no longer with the city organization we haven't had the documentation that I think would be a benefit to whomever is um continuing to maintain the building and so being able to take some time to actually make sure that we do capture that um in partners parip with those that have been already intimately familiar with um to to us that would be a real benefit going forward so we don't have um that kind of mistake made in in in the future thank you Joanna yeah absolutely and Rachel your hand is still up I assume that's a leftover or do you have something else it's a leftover okay

[226:03] very good I think back to you Marcy and I don't have anything else so I think it's um over to Vern Cyro who is the applicant and representative of the friends of the tea house um actually a member of friends of the tea house I'm not the applicant I'm just one of the members um just to clarify um I want to address the interior um there's a couple other things that I might uh provide some information on towards the end but the case in point I think a good case in point Regarding why to um Landmark the interior um I mean we have a conversation right now going on talking about staining the the wood columns well they were never stained that is not a stain that's a

[227:02] tongue oil that was applied to it originally when it was constructed recently um and that's neither here nor there I mean this this is all kind of innocent thing that happened but unfortunate um recently more tongue oil was applied I assume the foreman I don't know the details exactly to a staff person to go get some pure tongue oil bring it back and apply it to the columns that happened but when you use tongue oil you apply it and let it sit for 10 or 15 minutes and then you wipe it off well that didn't happen and what did happen was that the tongue oil catalyzed and became a hard glossy surface that you'll see now before when it was just tongue oil the surface was a satin surface you could see the grain much better the grain the the tongue oil

[228:02] is just an oil it's not this hard surface that reaches out at you in in in in a in a glossy form as I say I think that was a totally innocent thing that happened but it happened how do you prevent that and I think that there's so many things that are happen that happen you know in in the course of a day whether it's your life my life or uh the workers at the facilities and asset management that it's important to go slow and to address the issues including the app application of materials and um I believe that if these things are reviewed by the design Review Committee of the landmarks preservation um division or board that many things will get caught I mean very few things happen I

[229:01] admire the quality of care that your facilities and ass Asset Management have applied to the um tea house but something like this okay we're going to apply tongue oil to the colins the question may have come up and should have come up based upon a maintenance manual that the design Review Committee has and confronts the applicant for a change and it and and and realizes that there's an importance to in how the tongue oil is applied we're researching how to um remove that catalyzed uh tongue oil if if you've been in the tea house and I trust most of you have those columns are extremely ornate in the form of how they are carved and it's not going to be easy to

[230:02] get that glossy tongue oil finish off I don't know that we will be able to but we'll give to go um but the maintenance manual does give it a a stamp of approval if it's reviewed and not necessarily be reviewed by those that need to get it done um but somebody like the design Review Committee who take the time to look at things carefully um just to remind everybody the tea house was a gift and the gift that was given to us was a pavilion an open Pavilion no doors no walls that is to say there is in my opinion no interior like any of your other Park Pavilions um I I sort of look at this is

[231:06] um you know we have a technocrat uh legal technocrat highly skilled in we have the law and we have the law makers and please consider what is best for the present for the preservation of the tea house and I believe you're the Masters in this to do the right thing and that it's quite feasible with what you have available ater um a couple of besides 20 odd years ago when we were uh doing designs for placing the tea house we worked with a ditch company and we set up two 15 foot I mean one 15ot restricted easement from the inside wall on the on the north side

[232:00] of the ditch to just up to or 18 Ines short of the tea house um and then lastly the ditch is important very important and in no way allow that to be compromised uh the beauty of the ditch is its aesthetic and its spiritual value to this tea house and the sound that it brings to The Tea House you take in the Islamic world you have some uh places like alhamra where there's water flowing throughout that old Islamic um building you have in uh Iran another building shahil Satan um which means 20 columns there's 10 columns in the in the building and another 10 reflecting the the water that's at the

[233:02] Tea House provides what you find often in the Islamic World water that is is contemplative and relaxing in quality um thank you very much thank you Mr Sero Marcy are we to the public hearing at this point yes and I believe each U member gets three minutes to speak and then Vern would have a chance at the end to respond to anything that was said perfect so our hearing list starts with Scott holwick Katherine bar and Lynn seagull Scott when you're

[234:06] ready good evening Mr Mayor Mr Mayor proam members of the council can you hear me okay we can you can thank you uh my name is Scott holwick I'm an attorney for Lions Gattis law firm in Longmont and M counsel for Boulder and left-and irrigation company and North Boulder Farmers ditch company I'm also appearing this evening on behalf of the Boulder and White Rock ditch and Reservoir company thank you for providing the ditch companies with an opportunity to address this docket tonight the ditch at issue diverts water from the east side of Boulder Creek at the 12th Street bridge and as it's been represented carries it East through Civic Park the ditch then runs from west to east and along the south side of the proposed Landmark parcel for context um despite each of the three companies owning real property interests in the irrigation ditch the

[235:03] ditch companies never received any formal notice of the landmark process and didn't learn about it at all until till September 30th the ditch companies learned of the landmark process only because one of the city's staff members gave them a heads up this was less than a week before the council's first reading of the proposed ordinance fortunately the three ditch companies and the city have a very intertwined and collaborative relationship recently we've worked on the city's fiber optic project completing over two dozen Crossings of the the fiber optic conduit under each of the three ditch companies respective ditch portions we've also worked together to um complete a replacement of the 15th Street culbert and we also worked in collaboration and partnership to defeat a condemnation effort which a Metro District sought to condemn an easement through the ditch and all the way out to Panama Reservoir which the

[236:01] city has an interest in the city is also a shareholder in each of these three companies that gave us an opportunity to work collaboratively and I've met now three times in the last three weeks with City staff on behalf of the ditch companies working to provide you with revised language that protects the ditch company's real property interests and also preserve the landmark status that you guys are seeking the ditch companies absolutely support the landmark designation and have no opposition to it other than ensuring that we're able to continue to do those things that were afforded under Colorado law by owning real property interest in the eement mostly maintaining it operating it repairing it as necessary and improving it as possible those are things that we need to be able to do without asking for permission and that's what Colorado law affords us the opportunity to do so I want to thank you for providing me with

[237:01] the opportunity to work with your city staff who were wonderful we had a great um discussion I think we have a great resolution and the ditch companies support um the ordinance 8431 as it's been revised adding section five happy to answer questions as necessary but thank you for your time and your support great thank you Scott um I GNA take a short break here see if there's any questions from Mr holwick and then I also want to point out um we had a uh offer by Melanie m to donate her time to Natalie fineberg Lopez um in order to increase the speaking time of Natalie feberg Lopez from three minutes to five minutes uh there would need to be two people who would be willing to donate their time so I'll let you think about that as we move to the next speakers we've got Katherine bar Lyn seagull and Carl anuda

[238:07] Katherine hello we can hear you okay um I've been involved with the tea house since uh I was one of two people who did the historic context and Survey report um it was a joy to do the report and I became more and more and more a fan of the tea house um this process has been very successful so far and I really want to commend and thank uh Marcy and James for the work they've done and the care they've done in documenting the tea house um I also um there would be no question that the tea house should be landmarked and and the question we have is should we protect the interior by landmarking it um I support Vern's position very much

[239:03] that the Tea House interior needs to be part of the landmarking so that that whenever it whenever anything is happening it goes through the process and people like Marcy and James will be reviewing it and the the way that work will be done is with underneath the secret Secretary of interior standards and a maintenance plan I totally agree that a maintenance plan is a very useful thing but it cannot stand by itself it needs to stand with the design guidelines the Secretary of interior standards and um all of the work that all of the information that the park service can can give to staff and to the facilities people uh I think the facilities people will be much better served taking the step and understanding

[240:01] oh this is the material that will be the best thing to use and this is the technique on how to do it and I think it'll help everybody in the process so I strongly support landmarking the interior um as far as the ditch and the ditch company Friends of the tea house uh reviewed that and we are totally in agreement with the way the city and the ditch company have negotiated uh the work that will be done there um and we are also very happy that the Tea House Trail will be included because that is such a cultural um wonderful path of starting from the East and moving to the west and starting from the west and moving to the East and you meet in the middle with mutual consideration and respect for for the uh societies and the communities of Tajikistan and Boulder um so I'm hoping

[241:03] that we will have a plan here that 25 years from now when everybody is retire there'll be there'll really be a a way that we know that this building will continue to be protected and thank you so much for everything you're doing thank you Katherine next we have Lynn seagull Carl anuda and Natalie fineberg Lopez Lynn yeah I'm I would hold up in my video window for you right now the tongue oil finish that was applied to my garage door now I asked for tongue oil and I think ver is even gonna be wrong on this potentially this is tongue oil finish I just pulled up the bottle that they put on it now Minwax it's a good brand it's

[242:01] good stuff personally I'm from the Pacific Northwest we have wood in the Pacific Northwest that's like Hefty like Marine type wood there's something called dailies which has sea fin oil and it has polyurethane in it okay this stuff has polyurethane in it you put it on and you leave it for five to 10 minutes then you buff and you put it on with the grain then you buff it off and you can put another layer until it gets a nice Sheen okay but it's still polyurethane it's not tongue oil just plain tongue oil there's you know I'm reading the ingredients but I don't see it they don't have the ingredients like they do on food so these things are very minute you know my daughter's a woodworker I took wood shop at Mercer Island High School I like wood wood comes from water you know

[243:01] water is in that ditch you know this is a lovely place um stain no no um no this thing needs to be landmarked and I think there's going to be some fishy business come up about this with pal car I've always felt that the historic areas in Boulder it's a stunning indictment when you go into a historic home that's landmarked on the exterior and you walk into a New York City Apartment inside that is unconscionable that that someone can come in there and change that what does it mean to us many families are going to live in that over many generations and that needs to be preserved on the interior too no stewardship we need this interior

[244:00] landmarked um you know you don't you don't it's not about ill intent I'm sure the people that were painting The Fountain Parts didn't have ill intent but this is more than ill intent this has got to be done right and this has to have oversight like the woman before Katherine said so Landmark this thing interior don't worry about the rest of Boulder it'll be better if we have this potential landmarking for the interior places in Boulder I've always wanted it thank you ly people don't build to show on the outside next we have Carl anuda Natalie fineberg Lopez and Joe stepanic Carl unmute good evening thank you for the time uh I believe the matter of the ditch has been

[245:00] resolved uh as Vern stated the ditch and the water are very very important as to the lake ality or the authority to designate and protect the interior uh the ordinance with which I am thoroughly familiar I served on the landmark sport for nine years does not prohibit designation of the interior in any case even if it did who's going to challenge the designation of the Interior not the tenant not the public not the city of Boulder who owns the building certainly not historic Boulder as to the president of designating the interior presedent is only binding under identical and closely similar circumstances if in the future we have a building with an interior of such

[246:00] significance and importance under similar ownership then the presedent will be a good thing to have on the books let me throw one more thing in however and thank you for just for renaming the municipal building for pen Tate I knew pen and I supported him when he ran I supported him when the uh recall was proposed it was a pleasure and an honor to know that man and I don't think we will forget his work thank you very much thank you Carl next we have Natalie fineberg Lopez Joe stanic and Melanie Muckle so Natalie you have three minutes unless you have two people who want to donate their time in which case you can have five so why don't you start with that when you speak thank you uh I think I only have

[247:00] one so I'm gonna try and keep it to three minutes it's um I'm going to change everything I'm saying just to make sure I stay within the three um I met with both Vern and Katherine at the um Tea House oops I'm sorry let me just explain who I am um I am an architectural conservator based out of Boulder I've spent 20 years correcting other people's mistakes on historic structures this is often for the National Park Service this is often for local landmarks throughout Colorado I'm also part of um AP International the association for preservation Technology International that is the um Professional Organization for people who work in um preservation uh I have contacts throughout Europe South America Asia um Canada um I have a number of references to look at for interiors that have been landmarked it's a common practice outside of the United States it's a common practice for many municipalities within the United States um so I I I hope that you all will consider this as um more normal than

[248:01] what we're seeing um typically put forward uh for landmarking interiors my biggest concern is happened to The Columns um burn described some of the issues um that happened by um my understanding is Boulder City Maintenance staff coming in and um applying the tongue oil uh in a fashion that um actually is uh Vern pointed out is inconsistent with the traditional methods that are used um in uh damb and how the um uh the original intention for the columns for me I'm called in to repair those sort of things this type of repair for these Colum columns would be um require significant solvents it would require a lift or um some sort of uh scaffolding structure it would be in my world me personally about $30,000 worth of work if you called other people from outside of the state that's more like $100,000 worth of work to repair what was a genuine mistake so a maintenance plan while I appreciate um and think

[249:02] that that's an excellent idea there's a very big difference between a maintenance plan and understanding what are traditional materials traditional methods and um how important that is to a structure such as the damb tea house I will put out there that um throughout the world we are losing all of our traditional methods and our traditional Crafts People the Islamic world is suffering worse than almost anywhere else due to the war torn areas and actually such as Isis targeting historic structures um for notoriety for their um what they're doing so what we're looking at is um a loss of our traditional methods and our traditional materials Vern has created one of the only uh if I understand it correctly Vern can speak more to it there's a plan to bring people from duch shamb to do the maintenance and maintain all of the aspects of the tea house as they were intended This is highly unusual and it is imperative to this building so

[250:02] keeping that interior landmarked would allow us to make sure that this um everything remain intact this is not important just for Boulder but on the global scale thank you Natalie yep and then we have Joe stanic and Melanie Muckle Joe Jo you may need to press star six on your telephone to unmute yourself hello hello can hear you y hi I'm I'm Joe stepanic we can hear you please give your testimony thank you very much my name is Joe stepanic I'm very very pleased to speak on behalf of landmarking the tea house I'm a new member of a new organization Boulder Friends of the tea house as well as on the board of the boulder Des shamb Bay sister cities organization I've I think I want to

[251:01] spend my time saying thank you in several forms uh having spent half my life in Asia and Africa in in the developing World 12 countries admiring the arts and architecture of the Islamic World Imagine my surprise when I came home to Boulder to retire and finding the tea house right in the heart of town so first large thanks to city council for accepting this gift for finding funding for the gift to to construct it with Vern's remarkable help and for placing it in the center of Boulder I also uh want to thank the current operators the entrepreneurs Lenny and Sarah Martinelli for over 20 years maintaining a sense of community and a unique building in the heart of Boulder which is now one of the most if not the most popular retail outlet in

[252:00] Boulder a most impressive record all around was large thanks to everybody that said I'm very firmly in favor of landmarking the Tea House exterior interior the garden uh because as we all know people come and go councils change entrepreneurs change and it's very important to have high written standards in a fully transparent manner that is all inclusive of all stakeholders uh we are well- launched in that direction with large thanks to council for supporting uh even the maintenance of foreigners to help maintain the building a unique contribution large thanks all around and uh also lastly thanks to Jane and also to uh mayor Tate thank you good evening thank you Joe and finally we've got Melanie

[253:04] Muckle hi I'm Melanie m I live at 1101 Lincoln Avenue in Lewisville I signed up today to give my time to Natalie um but I would just like to um Echo um the comments of Carl of Joe and Katherine and Natalie the interior is um was it designed to be the exterior um I as I read this the statutory language I do not I respect y disagree with Tom Carr's opinion that the existing ordinance does not um allow landmarking of the Interior I certainly think the interior is a feature within the language both the language and the spirit of the historic preservation ordinance the ordinance was designed to be flexible to take into account um all

[254:01] kinds of um special cases this is a special case and I there this I do not agree that this is um a a major camel's nose in the tent um that should cause a lot of concern I think that this is um this interior cries out for landmarking and I think it's well within your statutory authority to Landmark the interior and I thank all of you for all your support and I'm also thrilled about the Penfield Tate um decision thank you thank you you Melanie so I guess Marcy back to you and to the applicant to speak yeah ver you have a chance here if you'd like to respond to anything that was said um seems like it was all positive I don't know how I would want to uh to add to it um except the if you

[255:03] want to make it more complicated I've always wanted to have landmarked in a way that is feasible that the repair of all things that are of the tea house that were created by tajiks to only be repaired and refurbished by tajiks so as to maintain an authenticity for the tea house I'm not proposing that that's no doubt going too far but anyway um no I think uh I think it's been said what's been said I don't really want to add anymore I would enjoy questions very good thank you so Marcy

[256:00] we to the point where we can ask questions now or discussion where are we um you can ask questions of um ver or you can close the public um portion of the hearing and then go into your discussion deliberation and motion thank you I should have done that before we'll we'll close the public hearing um and then I guess I would invite Council for either questions to the applicant or uh comments and discussion mark you're on mute my apologies I have a few comments and I beg your Indulgence on this I do disagree with the notion that the statute as written prohibits landmarking of an interior uh that is simply not not to me a common sense reading of of what the language of the statute says but I

[257:00] would also like to point out that um as there's no specific prohibition on interior landmarking um the law evolves and definitions expand to meet the moment in time um and look at what we are doing this evening we're landmarking a building that was completed only 22 years ago despite the standard that quote typically properties are 50 years in age or older unquote when they're landmarked um yet here we are expanding the eligibility requirements to Landmark a Building completed in 1998 so apparently the argument that precedent must control in how we interpret the statute only applies to portions of the statute if you can accept my argument that there is Authority for including these particular interior elements under Landmark protection um it seems to me that failure to do so is like protecting an art museum but not the artwork that's in

[258:01] it and these interior features are absolutely iconic to both er uh we have heard from the community I believe there was one letter that opposed um landmarking in the interior and every other letter was was wholeheartedly in support of it um I I greatly respect what Fleet and and Facilities does on a day-to-day basis but these features should be under the jurisdiction of landmarks not Fleet and facilities and we we've already seen the problems that can arise in doing so and lastly I I you know the concept that um we're doing something exotic in landmarking and interior is bide by practice in many other cities if you go to Grand Central Station you will see a landmarked interior and a great deal of work is done within that interior uh in order to accommodate various businesses there yet it is still a landmark if you go to the lobby of the

[259:01] Chrysler Building it is landmarked if you go to the Four Seasons Restaurant in in Manhattan it is Landmark this is not something that is so dramatic and exotic and because we own the property it is not a situation where we necessarily are creating a precedent to take people's property away from them by landmarking their Interiors over their opposition this is city-owned we're doing it voluntarily it's appropriate to do it and I strongly urge us to do so whether we are doing it simply on the basis of the statute as it exists or if we want to direct staff to to create a properly limited uh Amendment to the statute to subsequently Landmark the interior that is what should be done here and and anything short of that to me is unsatisfactory as we have seen in terms of what's been done to the interior to date thank you Mark go ahead Tom so so Mark that's not

[260:00] a fair characterization of what I've said at all so I'm a municipal lawyer we tend to be very conservative we have a law that since it's been written has never been interpreted to include Interiors ever we've had attempts to include interiors and haven't done it if you change the interpretation of the law by Fiat what you're telling the community is you can interpret you can Interiors under the language that has never been interpreted to do that before we don't do that as Municipal lawyers when the community comes to trust a lang language and aot to be a certain way before we change it we take Community input to do so we don't just do it randomly um I agree that under the New York landmarks law you can Landmark Interiors I agree that you have the power to change this law to Landmark this interior in a separate application there's no you could also put language in this Landmark ordinance referring it to Historic preservation

[261:00] for any changes my only objection is interpreting language that has never been interpreted to cover Interiors to uncover Interiors because you want to do so in a particular case I'm not worried about President I'm not worried about us getting sued what I'm worried about is the community the Community Trust in the way we construe laws in Boulder okay and my my only response to that Tom is one I think the community has spoken fairly clearly as to what they would like here number two to be very candid I'm not really that concerned with how the sausage is made I'd like to get to an end result where we properly protect the interior of the Duan Tea House whether we do that by amending the statute by broadly interpreting the statutes as exists uh or putting in a covenant in in this application that that refers it to landmark's jurisdiction I don't really care I don't I don't really want to get into that kind of um territorial argument with you I'm simply trying to get to a result that the community will

[262:00] appreciate that the community supports and that I think is very important for the most iconic building in the city and you and I can have this conversation as to how to get there but I want to get there and I want to help you get there mark that's my job then we can find common ground on this I agree thank you both I got Mary and then Aaron Mary well so based on what I heard and the emails and um Tom's um hotline um response to my question which I appreciate Tom thank you um it seems to me and I'd like to just put this out there as a proposal that perhaps away something that we can all agree and address the concerns of um community members who also feel that um reinterpreting the current statute um

[263:02] without making any change as as being able to to Landmark Interiors um would be a slippery slope so what I would like to propose is that we go with amending the code and amend it in such a way that makes it very clear that we are doing this because it is a city building on city land and to allow it um for City buildings on city land with certain criteria um I think the the addition of a maintenance manual um that should be part of what we look for in combination with as Katherine bar said the design guidelines and the Secretary of State um documents um I think all makes sense and doing it in such a way that as

[264:00] maintenance comes about that there is a way to get the Buy in from um I'll throw out the the design Review Committee of the landmarks board but not as a full review just look at it review it say yep we're okay with this just some something that assures that um there has been some Community review and the landmarks sport certainly would represent the community so I that's my proposal is to change the statute so that um we allow for landmarking of Interiors for City buildings un city land um and with certain criteria um I'll give an example of a city building that we would not want to Landmark the interior of and that would be the municipal building um just in my time on

[265:00] Council alone the interior of that building has been remodeled twice and both times it's been a great Improvement so um that's why I think it should be under certain criteria um and that would be my proposal and I'm open to people thinks about that please I think that's a a highly workable suggestion that's all I've got to say I think it's a it's a reasonable and workable suggestion and and May deal with some of the concerns people have about creating um uh an outof control statute uh that will apply in too many situations but it will apply to the what we're doing what we would be doing would apply to this situation and this building and I think that's Paramount you both I've got Aaron and then Rachel

[266:01] Aon y thank thanks for that Mary I was going to go to a similar place I I think I I imagine I'm I'm going to guess that I speak for the council to say that uh I strongly support the landmarking and I also want to want to make sure that the extraordinary interior of the of the tea house um stays safe and and in in in good shape so um if I can just counter propose just a little bit Mary the I I agree with the approach of doing something that's targeted and getting it into statute um I I a little well not worried but maybe it's not my preferred approach to amend the landmark statute to do that because I think then we end up with a a work plan item that that will take kind of multiple additional meetings and we've got a lot on our plate with the covid crisis and various other things what if instead um we go with Tom's suggestion I think it was number three in his email and Tom that that list of five options was very very helpful uh item number three was to include in this particular landmarking

[267:02] ordinance a specific requirement that interior modification be approved um by historic preservation so I think Mary we could take that exact same approach that you were saying about a referral to the uh design review um Committee of the landmark sport subcommittee um I I just think that the the easier thing and the more targeted thing that we could just get done tonight would be to include that for just the Tea House in this ordinance that we're passing tonight so and then also make we make sure we do the the uh the maintenance manual as well that just seems like a great idea I don't know if it needs to go in the ordinance or not but so anyway so that's that's my slight alteration thank you Aon Rachel um yeah I agree with much of what Aon just said I um also support landmarking the tea house and protecting the interior um and I don't it may just

[268:00] be like part of my background um as a judge but usually you try and do the narrowest thing you can to accomplish what you're after because if you go broader you can't predict like what sort of bad things can can come of it so in this situation you know the community feedback we've gotten largely has been protect the interior of um this tea house we have not had Community discussion as Tom said about landmarking in general interior so I'd be really uncomfortable um going down that road at all tonight and I I guess I I'm a little worried like with Aaron's proposal proposal um could that be some kind of precedent setting as well if we as part of a landmarking exterior say but you then have to also um get Landmark approval for anything on the interior because that could that then be applied to anything we landmark in the future um I I am worried about precedent setting here and we already sometimes Landmark over owners objections and so if you've got a home that is you know a private

[269:01] home and now we're landmarking and we're saying you can't like update your plumbing or fix and things like that's not something that that I'm comfortable doing especially over people's objections um so I think as narrowly as we can tailor this is what I would be comfortable with and I that's part of why I was asking is this an emergency because I don't know that we have heard you know thoroughly from Joanna and Tom like what are the options how could we accomplish best making sure that the right oils are used is that even going to you know be something that the landmark board knows about like who is best positioned to make sure that we protect this interior um as it needs to be and what step do we need to do to take to do that so those are my thoughts great and Mark's hands up but I'm gonna jump in here because Mark's spoken a little bit and we'll come back to you in a second Mark um is that a call remark it's a question for Tom really okay go ahead uh in order

[270:00] to accommodate both Aaron's comments and Rachel's comments about narrowness if if we adopted number three in some fashion could we put in limiting language to make it clear that it h a has no precedential value and B is applying to city-owned buildings um only well it would if if we do what Aaron suggested it would apply only to the te house and the tea house has a lot of unique characteristics that I would suggest reciting in the ordinance to U make it clear why you're doing this and but could we accommodate Rachel's desire for narrowness by putting in some language to it's a belt and suspenders provision but it it's you know basically to say and by the way we we mean this to apply to the tea house and to a city- owned building and no further you certainly could yes okay thank you Sam sorry to take up so much time no that's fine um I was just going to say I'm in favor of protecting the interior with as limited a language as possible however I would

[271:01] love this general question to go to the landmarks board it's not something we need to take up right away but I think it's worth a discussion particularly if in some cases Interiors are Landmark we could start with City buildings um first and make it a general provision that if it's a city-owned building that we can Landmark the interior um it would have been nice to do that with the Harbeck house we had a workaround just like we're going to have a workaround here but I think just as a general work plan item for the landmarks board it might be interesting if they thought about what this might look like but has nothing to do with tonight so tonight I'm going to support wherever we end up I like Aaron's proposal if we need to limit it I'm not really worried about the nose of the camel Under the Tent if we limit it to City buildings then it really is only things we own and so I don't think it can be precedential as long as we we say that so anyway those are my thoughts I'm going to support trying to protect the

[272:00] interior here I don't think a maintenance manual is necessarily enough to do that anyone else so somebody Aaron Mary Mark somebody needs to make a motion that we can then make progress with I mean I'm I'm yeah sorry to raise my hand um I I can put something forward but Tom I would ask for assistance in in putting together an amendment because I can't say that I prepared specifically language um to to that effect and I'm not sure this is something you should do on the fly my recommendation might would be that you continue this to the next meeting that you assign it to the consent agenda that you ask staff to draft some language that then you could either pass or modify um on third reading and then pass it on Fourth on consent again there's no rush for this particular landmarking and um I'd rather

[273:02] have the chance to work with the the friends of the Tea House and with our staff to draft something that Council might find acceptable um and not try to 30 at night sounds like a good approach to me if Council finds that acceptable I do I think it's great you want to make a motion to continue Aon sure I'll move that we continue the hearing to make sure Marcy's okay with that oh yeah Marcy I think it's better to do it right than to do it fast so I'm I'm totally support that thank you okay so I'll go ahead and move that we continue the meeting and uh ask staff to to work with the friends of the te house to put together specific language uh in accordance with council's Direction okay okay we have a motion and a second um does anyone object to continuing seeing none that's unanimous

[274:01] that we'll continue the hearing until staff has the opportunity to come up with some language um to protect the interior without setting too much of a precedent for non cityam buildings very good so I think we are on to the last major item Debbie have item or Matters from the city manager we have the update on the East Boulder subcommunity plan process thank you and I believe that Charles and Kathleen King are presenting this matter and actually I'm happy to turn it over to Kathleen thank you great thanks everybody um good evening I'm Kathleen King from comprehensive planning and I'm excited to be with you tonight to talk about the East Boulder sub community plan uh this project is moving into an important and exciting phase of work so I really appreciate this time with Council and I think um I'll just say next to move slide slides forward so um

[275:02] next if you please so tonight we're going to be talking about some big issues um I'll describe the great challenge of this project we'll look at some land use Concepts developed with the working group and then we'll talk about scenario testing and the next phase of work and engagement next we have some questions for Council and the feedback that we're really hoping for tonight is directed towards our next phase of work we want to make sure council is supportive of the process moving forward and make sure that we're collecting the right data and Community input that will help council members make decisions about land use changes in the future next so uh first the big challenge um as you know the purpose of subc community planning is to implement the Citywide goals of the Boulder Valley comprehensive plan at a local level and our Citywide goals are not small uh the city wants to increase the amount of

[276:00] affordable housing options in Boulder we're hoping to reduce single occupant vehicle trade and create 15-minute neighborhoods the city wants to establish resiliency in the face of climate change protect our small and local businesses and Foster places and networks for the creation of Art and celebration of local cultures um so it's really it's a lot uh next when we met last fall Council reviewed the inventory and Analysis report that asked the question does the East Boulder subc Community have the capacity to make a contribution to these Citywide goals and what we found was for each of the six Focus areas there is opportunity in the sub Community to make a contribution but I think as you are all well aware the solutions are not simple next a contribution to one goal has an impact on the success or failure of another so we're now at a point in this process where we need to start to examine the range of choices for the

[277:00] future of East Boulder and determine which of these goals should be prioritized for this part of town and how much potential change we can accommodate without negatively impacting other goals next so one of the most impactful tools to implement some of those city-wide goals is land use planning so just to reorient everyone in in um to the sub Community the study area is outlined in the dash Redline we're looking at the Arapaho Corridor on the south Foo Hills Parkway on the west and roughly 63rd Street on the East some of the major landmarks in the area are the hospital Belmont City Park the airport um we have a a mobile home park which is our only residential Community inside the boundaries of the sub community and then um there's also flat iron business Parks out here and uh the vmont power plant so uh what we're looking at on this slide is the bbcp land use map for

[278:01] East Boulder and I just want to highlight that there uh sometimes confusion about this map this is not an existing land use map but is intended to depict future land uses as described in the comprehensive plan so this plan currently envisions that over half the area will be industrial land uses um there's also a significant amount of designated open space and Parks land and then some land that is categorized as public and just a few um community business Parcels as well next please over the past few months the East Boulder working group has been meeting on Zoom to consider what an alternative future for East Boulder might look like and what kinds of land use changes would support city-wide goals and Visions for East Boulder as a reminder the subcommunity planning process is committed to operating in the collaborate space of our engagement framework this is the highest level of Engagement and this working group takes

[279:00] on a lot of responsibility for uh tackling the challenges of the process project the working group is one of the key elements of the engagement program for this effort and so our staff team has invested a lot of time in resources to supporting them and in turn they've been an extremely dedicated group and I think have been working really well together to make important progress on the project I also want to mention that two members of the working group are part of the City's community connectors program and they have been essential to our ability to engage residents of the S Lazaro Mobile Home Park which is the only residential area in the sub Community as well as vasta Village which is just outside our study area boundary using Community input the group has studied the subc community and gone through a couple of cycles of iteration to develop three concepts for alternative Futures that represent a range of choices for land use these concepts are now moving into scenario testing so we can begin to understand what the impacts of land use changes

[280:00] could be um so I'm going to walk through the concepts pretty uh quickly but if there's any questions about the approach or group thinking behind the options um we can come back to these during the discussion uh so next please so the first concept that we are testing is the bbcp land use mix which repents um no change from the comp plan map and we'll consider what the impacts could be on our city-wide goals if we made no land use changes next the first alternative future concept will test a couple of changes at Key noes in East Boulder of the three concepts this one has the least amount of change and adds in some new land uses medium density residential mixed use industrial and a new category called mixed use to or Transit oriented development which imagines a mix of residential and Commercial uses oriented

[281:00] around a future Mobility Hub at 55th in arapajo you'll see this land use change is consistent in all three concepts and we'll be diving into the details of that area with the consultant team as part of the ongoing 55th and Arapaho station area master plan Kathleen I'm sorry to interrupt um could I ask a question about mixed use you show mixed use residential mixed use business mixed use industrial I have an idea of what those all are but could you talk about how the residential business or industrial influence is what can be part of the mixed use yeah so the mixed use categories are uh representative of what that says so it it's a combination of different uses um whatever the name is so mixed use residential that um that imagines uh predominant use of residential and then also would include support of retail and

[282:00] Commercial um similar to mixed use industrial so the predominant use there be industrial or light industrial um but it allows and imagines an integration of of residential uses commercial uses things like that um the way that these mixed use categories are described in the bbcp um I think allows for a lot of flexibility and um um uh depends on the development of things like sub Community plans and further kind of design guidelines potentially um to help uh really get into the details of of what what the mix might be okay great thank you sure yep and Mary yeah thanks Sam um thanks Kathleen just a quick question I'm noticing um

[283:00] that the S um mble Home Park yes it doesn't have the color um for the manufactured housing land use and um I'm wondering why that is because I thought the the manufactured housing land use was part of the comp plan which would Encompass something that is outside the city limits yeah so it it does actually and it's um maybe it's just kind of the the graphic style of these Maps we tried to fade back um any of the land uses that weren't being changed and kind of embolden the colors where there were changes so um I'm not sure if it's Emily or Chris but if you don't mind going to slide number nine I don't know if you can go backwards or not or or Kathleen we we

[284:00] can just address it when we get to slide number nine oh or oh we're going backwards yep we're going backwards so here we are so this is this is the existing bbcp land use map and um you'll see the the San lero mobile home um park has that manufactured housing land use and that land use is not being proposed for changes in any of these Concepts okay great thank you sure okay skip back to uh slide 11 if you don't mind we'll look at the second concept great thank you um so this second concept looks at testing uh some high density residential and mixed use categories and increases the amount of

[285:00] community Industrial in the area changes are Focus along the major corridors of the subc community AR rapo Avenue and 55th Street and this concept will also test the potential for changes at the Valmont power plant site next please the third concept will test the most significant amount of change of the three options this concept identifies an area for potential multifunctional Green Space in high Hazard and conveyance zones of the flood plane Inc incorporates a lot of mixed uses has some high density residential areas and identifies some zones for Community industrial this concept worked to pair access to outdoor recreational and park space with opportunities for residential development uh for each of these alternative future Concepts what we'll be looking at in the next phase of work is really all about the proposed land use mix we will test how much of each kind of land use when applied in East

[286:01] Boulder will either contribute to or negative impact Citywide goals next please um so this this graph shows you how the three options are stacking up when compared to the current bbcp land use map concept one has some moderate changes but adds in mixed use concept two proposes the most amount of land dedicated to residential uses of the three and then concept three reserves the least amount of land for industrial uses and the most amount for open space next please right now we are testing each of these Concepts against a set of indicators or metrics to help us evaluate how different land uses can impact our Citywide goals to accomplish this we're using a software product from ezri called arcgis Urban Boulder is a beta City working with ezri to use this technology this has allowed us to work directly with the team at ezri to configure this program so that the models we develop truly represent the

[287:01] intricacies of our zoning code Ed program and some of the targets for Citywide goals uh it's it's a very sophisticated program and I think it's going to be a great Communications and engagement tool as well as help us use data to make decisions in the future next please the program allows staff and the public to look at each of these alternative future Concepts and consider how they might affect capacities and per performance of the East Boulder sub Community next we'll also be able to model potential changes in 3D allowing community members to understand how land use changes can affect the built environment next please so this brings us to our next big engagement window which we are planning on for winter 2020 uh and

[288:01] 2021 during this window we will be sharing in the outcomes of the scenario testing the 3D models showing some land use changes and we'll be using those indicators and performance measures to ask community members to make some trade-offs what we know is that the city has some really ambitious goals for the future but that not all goals can be achieve simultaneously in the same place so for East Boulder we'll ask community members to really make some hard choices and prioritize how these goals get implemented in this subc community and I think this is uh perhaps where our process may be different from past planning exercises that the community has participated in when we bring the test Concepts out to the community we're really not asking people to select a favorite or tell us what they do or don't like about each concept instead we are providing them with data about how changes in N Boulder could impact the subc community and the city and asking them to really make decisions about how land use planning should be used to

[289:00] implement goals this is part of our commitment to a collaborative process process and we're hoping that the resources and tools we will provide can encourage significant participation to provide the working group with important Community input that will help them make recommendations about the future so right now we're working with a committee of the working group members to create the questionnaire and make sure that the performance measures and impacts we share with the community are both of interest and relatable for community members to weigh in on this is a key phase for our engagement process and I can say um this is just one instance where the partnership between staff and working group members has been so valuable originally our staff Team Crafted those performance measures and indicators to really align with the Citywide goals our working group members said um that's great but my neighbor does not care how close the city gets to a 15% affordable housing goal my neighbor cares about how that land use change will impact their commute or whether a proposed change will result in

[290:01] a needed grocery store in the neighborhood and that's really shifted our approach to the data and the types of questions that we'll be asking the community next please so I've outlined our plan process over the next couple of months um next month we'll be wrapping up all of the technical pieces and we'll complete the scenario testing at our November working group meeting we'll test all of our engagement material and make any changes necessary uh then we're planning on launching our online engagement the week after thanks giving with a couple of resources the most important being the community questionnaire um and that'll be hosted on be her Boulder we will also ho host and record an online Workshop one in English and one in Spanish to introduce the material talk about the process and show people how to use the resources and provide feedback through the questionnaire those materials will be available for the entire month through the first week of January and then we'll begin reviewing the results and

[291:01] analyzing the material with the working group to begin crafting a preferred land use concept and um we'll plan to bring that back to boards and Council in February of next year for um your iteration and feedback on on that um work next please so this will get us closer to the end of our scenario testing and alternative alternative Futures phase next spring and we'll be spending the spring and summer of next year developing final recommendations and options for implement ation next please um so that's really all I have for the presentation um I can answer any questions and then as I mentioned earlier we really want to make sure that Council um is supportive of of the process moving forward if you have any recommendations about the process that that'd be great to hear um and then also really really want to make sure that we're collecting the right data and Community input that will help council

[292:01] members make decisions about potential land use changes um in the future so uh that's it thank you very much and let me know if I can answer any questions to Aid your discussion thank you Kathleen that was a great presentation I got a question from Adam thank you this is sort of a general land use question but as far as I recall most of the buildings just to the east of 55th are actually mostly Office Buildings but that is all light industrial uh yeah so those are yeah those those fit in the same usage category so again that um bbcp land use map is a future land use map so it they are in a light industrial land use category today and um what we have seen is a lot of the light industrial um

[293:01] spaces and buildings have convered to office over time gotcha um one thing that may help me in guiding decision is the vacancy rates of those buildings um to the East 55th Street and just getting a clear understanding of maybe what the best usages might be if those are not being heavily utilized right now so if I could cqu on that because I had an office out there for a Dozen Years um there are many office spaces over there some of the buildings like the elevation what used to be the Elevations Credit Union headquarters is all office there's also a bunch of flex space so where I was at 5541 Central Avenue um the front which had been mostly office got redone into a bigger office but in between was a cell phone disassembly facility that was entirely you know a a workshop it was a big

[294:00] Workshop um and it was cell phone Recycling and repurposing and if you go around to the back I will say to the east side of flat irons Park most of the buildings there are either um dual use so you've got say office in the front and Warehouse in the back or entirely Warehouse so it's well worth taking a tour around there when we have this conversation because lots of stuff around Western is really all light industrial so there's a blend in there and yeah as you drive by on 55th it looks like every everything on both sides is essentially office but if you go a little deeper and take a a deeper look in there you'll find a whole bunch of stuff that's light industrial so it it's a little more mixed than you might think just from 55th Street or even a quick spin down Central on backup um flat IRS Parkway so I just make that comment because I I know a lot of the businesses out there um Erin you're next yeah and and just to add to that point as I

[295:01] understand it I think that those industrial zones allow office spaces so that that having it's not that those are non-conforming uses or didn't comply with the zoning but that in some cases you know owners have chosen to put offices in there rather than more kind of classic industrial stuff I think um Kathleen that really was an excellent presentation thanks very much that seems like the project is on on a great track just one question for you so with these scenarios that you're putting out there I appreciated how you were saying um that people want to give Fe feedback they're not just picking a favorite one it's not like you're dot voting on one two or three that makes sense but what about the idea of combining different concepts from different scenarios like if you hear that people loved a certain thing about scenario one but they loved another thing about scenario 3 would you uh potentially combine those for a you know refined final proposal yeah and I we're right now trying to um kind of craft how we're

[296:01] going to ask the questions in in our community questionnaire and one thought is to um direct the questions by sort of area of the sub Community to gauge and take temperature about certain land use changes at um 55th and arapajo for example and so that's where I could see if we were to go with that kind of a a question approach how we could um pull pieces from each of the different concepts to get to that preferred alternative great thank you uh Mary thank you Kathleen um I just have a couple questions one um the areas in the memo there were some references to um for the different scenarios looking at how certain intersections could be made

[297:00] more more walkable and 15minute neighborhoods and one of those areas that was referenced was 47th and vmont yeah um so I'm just curious as to um how that would become more walkable because without I mean it's it's just a huge intersection and um so how how would that get done how would that be communicated to the community in terms of input as to how to make it more walkable I'm just curious about that yeah so there's a couple of of elements to uh a walkable Community um for our pedestrian master plan the things that we really look at are um the presence of facilities the the quality of facilities and then also the presence of destinations or a place to walk too and

[298:00] so um right now there are are um some businesses in that area that um would be great places to walk to but there's no facilities um so one of the things that we might look at is just um putting in uh a more complete Network and looking at new connections potentially throughout that um kind of block that's just uh west of Valmont city park so that's one thing that that um um we're looking at so increasing the the facilities and then with the land use change um that would have the potential to change the the destinations or create more or new destinations that um would be really walkable to either new residents or um the residents that live in that Kings rdge neighborhood just north of Elma so um so you're saying Making

[299:00] Connections or adding infrastructure to be able to accommodate that 15minute neighborhood um to destinations that are already there that are either already there or if we pursue a land use change um new destinations that that could come with those land use changes okay thank you and then um my other question is about um annexation of um the mobile home parks s Lao and I you know a lot of the the community input from residents there was we want to be part of the community um we contribute to the community and we need better water quality which is the big issue with that particular mobile home park so I'm curious as to um does this process um allow for that kind of recommendation of you know we think that

[300:02] this should be end next and or how can we facilitate that kind of um action yeah so we have heard a lot um lot of great input from residents of San Lao and they are interested in city services um and there is an interest from those residents to um be part of the city um I could foresee you know with the working groups work with that community that a recommendation to Annex San Lazo um would be an outcome of this process um we have not had that conversation with the property owner okay well I think the that would be um something to explore with the residents and get more of their just really dig a little more deeply on how they feel about

[301:00] that' be great thank thank you okay I don't see any other hands up so I'm going to ask a few questions here but I want to say again how great the memo was and how great your presentation was I mean there's just chalk full of information it's like the inventory got done very well and the scenarios are very thoughtful so I just want to say I think you're setting up a really good template for um our subc community planning going forward because the engagement is also super high touch and and high quality so I think that's all very good and I really like the direction this process is um going um a few details however um when I look at your first scenario test concept one that's completely comprehensible everything in there makes sense and I will note that arpo and 55th are Transit oriented developments in all three right so you've got that which I think is also a really important piece because that

[302:02] that could use some renewal over there so we go into test concept number two I have a couple of things I wanted to bring up particularly around the 63rd Street area um what what you have is mixed use industrial as a test concept for there in 63rd Street a lot of that area I believe is the materials recycling facility right so there's the the big murf there which you know was run by ecycle but it's a huge um kind of uh very industrial and kind of smelly area so I'm kind of curious what you're thinking in that particular area could be mixed use certainly other industrial but are you thinking housing there of some kind or what what were you kind of envisioning next to the recycling facility so now I think for that um that location the thought was to build um

[303:03] more opportunities for um commercial and Retail uh we hear a lot in this area about people needing places to go to lunch um to grab a coffee things like that and so with the proximity to the neuropa campus um the Arapaho Ridge High School which is uh nearby on the other side of Arapaho there it's more in that uh kind of retail sector not not so much um residential I see um I'll just comment that that seems unlikely to me in that particular area now across the road next to on the the north side of rapo that seems totally possible but that stuff over there near the murf I don't know I have a question but then a much bigger concern with this scenario is Valmont so you show it there as a nice green thing I think we need to be extraordinarily careful about that site because it is

[304:01] full of CO as there's probably lots of selenium you know the amount of cleanup that's going to have to go on there over the years for Public Service Company I think it would be a long time before I would be interested in doing anything Park like there only because and certainly not acquiring anything because there's so much hidden there so much buried and there's you know a coal plant for whatever 70 years 100 years it's just I would just raise Flags around around that particular concept because I'm afraid that there's going to be a lot of stuff that we're just not going to want to deal with right there so have you thought about that or discussed that yeah definitely um and I think you know the direction from the working group is that they they do want to be ambitious with the vision for this area um and I have you know I had to write down some notes about the the

[305:01] power plant um because I do think it's it's really important for council members to kind of know um what Excel is planning for that area so um let's see today there are two gas combustion turbines that are currently operating on the site one of those units is expected to stay online until 2038 so this this vision would be very kind of longterm um site is entirely owned and operated by Excel um but members from our climate initiatives group have had conversations in the past about restoring um Park area to public use so um those conversations have happened and then I did just hear from um cu's Merk program today uh we put forward a proposal to have graduate students um take a look at the feasibility of um converting that site in in the

[306:00] longdistance future and we got a lot of student interest so that's something um that our staff will will uh help support with CU in the next year great as long as we have it 20 years in the future for maybe the next um subc community plan that's fine I was just flagging that there are going to be huge environmental issues there um and then on the third scenario um I I was kind of interested in where you had put mixed use residential because if I look on Valmont so to the south of Valmont the two locations the one near Foothills and the one near 55th both of those areas right now are Service Industrial not completely but there's a big Service Industrial component to both of those so will you imagining trying to preserve Service Industrial As you move in residential were you more thinking about just wiping out the Service Industrial and then having mixed use it's more commercial but largely residential how

[307:01] are you imagining those areas transitioning in fact all three of them the one on the West Side to 55th also right now is Office Buildings so how are you imagining a transition there so for all of these kind of recommended or they're not recommended yet but for all of these proposed changes um the thought is that these neighborhoods would evolve over time and so you know part of the strategy of making a land use change is to develop that vision and kind of direct um that Evolution and so there would be we imagine a integration of residential over time that would um eventually turn into this mixed use predominantly residential neighborhood so it does you know those those locations or those um land use bubbles on on this concept do you imagine a predominantly residential neighborhood

[308:02] got it and so for the displacement of like the auto body shops that are in some of those locations and you know the coffee shops and so on um it it just seems like one of the things we do this scenario 3 is probably the most extreme example is what are we going to lose if we do that and how can we potentially keep some of the Service Industrial without just displacing it either out of the city completely or um just losing it entirely because those do look like interesting areas for mixed use if they're really mixed use because one of the challenges we have with mixed use is how do we make sure that we're getting what we want from the mixed use and that does come down to zoning somewhat but sometimes you get a monoculture on what's supposed to be mixed use and so that'll be another thing if we're going to look at scenario 3 and wipe out essentially over time a bunch of Service Industrial I'd just

[309:01] like to understand kind of what the idea is for where it's going to go or maybe we think we don't need it anymore but and and that similarly kind of applies to the mixed use industrial in the flat irons's business bark that you show so I had a question right along 55th and scenario 3 you've got this kind of fuchsia color is that Community industrial Community industrial that's right and what does community industrial mean most of what's right there now is office building yeah it's um it is a lot of that Service Industrial um zoning is typically falls into the community industrial land use and so um I think with this concept that was something that the working group was considering was um they were they were playing with these um converting uh industrial spaces to

[310:02] residential neighborhoods and so they looked um at other areas of the subc community and tried to find places that um they could put back in some of that Community industrial space I see I'll just comment that it that area along 55th seems like an unlikely place for that transition to happen because that would go from largely Office Buildings then to whatever Community Industrial Service Industrial looks like like and then you've got to the east there then a whole bunch of mixed use industrial um and as long as that preserves some of the opportunity for startup companies that are doing coffee roasting or or you know the various kinds of things that that tend to happen out here in East Boulder I just wouldn't want to to destroy those opportunities when you look at the node at 55th and arapo where that goes to the north and

[311:01] west um that's right now where there's like conscious coffees over there and a whole bunch of small um I wouldn't call it Service Industrial because they're not really serving but they're they're manufacturing you know you've got a robotics company over there stratum um I would just be really a little bit careful like I I love changing 55th and a rapo into something you know that's Transit oriented development but the way the lines are drawn now there's going to be be some some casualties and startup businesses so anyway I just wanted to talk about that these are really interesting ideas to play with um I I just think it's worth considering how we both keep the the places that are not super highend for businesses to start up in and this area has a lot of that so thanks very much for all this thank you Erin I still see your hand up is

[312:01] that old no those was new should we uh just answer the questions or or sure the and and you had two but I just wanted to say Kathleen I think youall are are absolutely on the right track so I support the direction you're going in in the in the engagement plan and uh look forward to to hearing what people come up with I appreciate the working group's uh Ambitions and the the idea that they're playing with a lot of big ideas and long-term Futures so I'm eager to hear what the the community comes back with and Sam you you made a lot of detailed comments on that there are a lot of insightful things in there but also just to be clear you know we're I think our next step is to let these scenarios out into the wild and then you know see what the community thinks about them so I I look forward to the update after that and oh I just had one little detailed comment there which is in one of your slides you were you showed the slide about the software that was going to try out different scenarios and the foreground had taller blocky buildings

[313:01] in it and you just you that when you put something like that as the the example people start getting all upset about like why you're going to turn the whole thing into these tall blocky buildings so just a word of caution about uh when you're showing examples we had a debate about that slide and so we put you know in big a big label on it saying this is an example from Honolulu but I know I even so I you know I would be careful about that because because people do tend to fixate in on that um that kind of thing I'll second that a big second on that people will flip out and it could yeah you there could be a lot of support for things lost with something as simple as that yeah we I think we speak from some long experience in here but but yeah this is great I look forward to the next steps thank you anyone

[314:00] else oh Al answer the questions like Aaron did I think this is great I think your Outreach is phenomenal I think your plan going forward is great you know let these scenarios out in the wild um apologies for the detailed comments but I'm really familiar with that area and so I just wanted to share what I thought but I think you're totally on the right track I agree with Aaron 100 per. okay anyone else I'm seeing thumbs up across the board so I think everybody thinks you're on the right track so thanks very much for that great okay okay Debbie could we have a vote to extend the meeting oh sure thank you Tom so moved second any opposed great seeing none we're

[315:00] extended so I don't really see anything else on the agenda Sam okay so I think it's matters for mayor and city council and I just wanted to give Rachel the opportunity um Rachel you had mentioned something about the canabus board and you wanted to have a conversation about it so for y um yeah I just read a note from um CAC yesterday morning that we had a um clab member resign and there was um input from the board not to replace the board member that resigned there just thought that like raised some process Flags to me like as an analogy if one of us resigned I think it should be up to our constituents who I think put it in the charter if not ordinance how we are replaced it's not like up to us who are still sitting here to decide like we'll replace a member or not like because I

[316:00] think that could be um political or just odd and and I would rather we have like a pretty firm process for when a board member is replaced and that would be um something streamlined so that was my concern I don't know what the usual process is if a board opening happens in XY or Z month you wait until the next um board appointment opening or or how it should work but it just seems like that should be a firm process to me that was my concern Rachel there really is no firm process and what councils in the past have done is Judge based on factors like the amount of time left before the March uh Pro full process goes um the needs of the board uh council's work program uh possible confusion on recruitments and things like that uh it it is clearly council's choice on how to do this uh and originally the first feedback we I got from the people the staff for the board was they thought it might be good to replace them because

[317:00] they're learning curve is so steep but then in conversations with the board Vice chair who will now be voice board chair U his concern was more that um they they bring on expertise they need for the rest of the board to get up to speed and the council go through a normal full recruitment in March but it's you're absolutely right it's up to you how you want to do this and Sam to answer yeah it just seems like if there were some more clear guidelines I'm sorry Mar I cut you off there Tom was going to finish and then I'll get to nearby so Tom you're going to finish something I was going to say that yes Sam on your question of whether or not the ex official members have to be Cy residents of the city I do not read the code uh that way the code what the code says is that uh it basically encourages that they be non-residents but it doesn't require it so uh it it states an intent that that that that was council's intent but it doesn't say they shall be so I think you have some flexibility but you you as always could consider honoring the prior council's

[318:00] intent okay thank you mby uh Rachel just to help um seeing as I've done this for the last three years um being on Council I've been on the boards and commission's board um again now I'm not I'm not giving you law or anything but just my experience having worked with Mary when we had a number of uh people resign it was really based on what the board was requesting and also what time of year it happened in so we're kind of right in that mid-range of there's halfway through you know the year and so if the board's not as intent on needing someone I think we've in the past agreed that it'd be fine to replace them come March but if the board really did need someone and it was at this Midway Point uh we would add someone and the problem is it becomes it can be difficult um in terms of scheduling and looking who the pre who else has offered to serve on that board and if there is anyone willing to serve on the board um so again for me

[319:02] personally having done this for three years I think that if if the board is not desperately needeing someone we are at this kind of Midway point I'm okay with holding till March but now that I serve with Aaron he's welcome to give his feedback and obviously will take the will of counsel um to do whatever but that's kind of just what we've done to give you an idea of our history thanks for that do you mind if I chime in no please um yeah I think that's a a fair summary mirabi and I think that um you we had left uh we had never gotten back to the ex officio members uh that we were going to interview them and then there was a snafu with the notice and and then Co hit and we never got back to it so our suggestion was that we go ahead and and work on getting those ex official members appointed um because we never actually did that so it was unfinished business um but given I I

[320:01] think there is some uh there's certainly importance and interest in that the Cannabis board I wouldn't want to just go back to the applicants from back eight months ago you know I think we'd probably want to open a full recruiting window and um at this point I think um debie are we going to start in December with the board recruitment process this year is do I remember that correctly yeah that's the plan we had planned to start recruitment early this year because um the the appointments have to happen um on the last regular meeting of March which happens to be right in the middle of March it's the 16th of March so it's a little bit earlier than typically so um we wanted to give a little bit of extra time um just so we can check those boards we had you know issues with our database last year and we just want to double check those applications when they come in for the Cannabis board because those were the ones we had issues with and do we have a specific day when we're planning on opening that application window um we're waiting on

[321:01] the the finalization of the um uh Council um meeting times and stuff and I think we're going to bring that to CAC this next week um and so that'll be based upon that but I'm thinking somewhere around the 15th of um December we might start recruiting for next year and carry that through the end of January great thank you so we're we're roughly two months away at this point to starting recruitment on the regular cycle right okay and then I've got Mary and then Rachel again Mary yeah Rachel thanks for bringing that up and um I just wanted to um say that we've got after tonight I believe it's five more meetings this year um so it would be difficult to add um well first of all get recruitments going get applications in do the interviews and then do appointments and by

[322:02] then there's not a whole lot gained so um in this case I guess my my thinking is we just wait and fold it into next year's recruitment thank you Rachel that's fine again my my concern is more just process like if that's if by October of Any Given year like we know it's just kind of too late in the game I would think rather than relying on boards to self determine whether they want to replace Play Somebody Like if we've said the Board needs five people or whatever then I think that that's what that board should have and it shouldn't really be up to a board which again it could theoretically be politicized like well that person's resigned and if we I mean again theoretically so I just think it's cleaner if we have a process so I don't know if I'm just asking for us to think about that down the line uh understand it's not feasible for this one but it just it just kind of struck me as not a very um clean way to to make these

[323:03] decisions although I appreciate the background mirab it makes it makes sense the history just like a good clean process yeah and part of the process often has been to hear from the boards you know so I'm going to go back to another issue before us that Aaron brought up at CAC which is we technically only have four people on the landmarks board and um so Aaron did we want to ratify that I'm trying to remember what we decided at CAC I thought we were going to ratify the fifth member retroactively tonight is that what we were going to try and do I thought it was at the first meeting in November yeah we put it on the November okay okay great under so so go ahead Aaron well if you don't mind it since you brought up just a little bit more background that that we um we had a position open on the landmarks board uh this year and only one person applied uh it was which was

[324:01] reapplying it was Ronnie pucio who's been on the board for three years but since there was only one application as we often do we tried to recruit more people so there was just more than one person we usually do that if there's only one applicant no one else ever applied meanwhile uh Ronnie to his credit has been serving anyway um since no replacement was ever uh uh appointed so the idea was um you know Council can have a discussion about this and an objec if they would like but that to go ahead and appoint him to that five-year term kind of retroactive to back in March uh since he's been serving a and no one else has come forward okay thank you for that the consent agenda on November whatever the first meeting is great okay very good um anything else I think that's all that I had on my radar and sorry I should have just added that I did check back in with Ronnie um to

[325:02] make sure that that was still something he was interested in he definitely is he was glad that he was still under consideration good thank you can I say thank you again it was so lovely and you surprised me with the former mayors that was awesome good I'm glad there was a surprise there that's good well we all thank you Jane and we all wish you the best and I'm sorry that your party got cancelled um due to the fires but we we gave you our love here so and I felt it so thanks good okay if there's nothing else I'll gavel this meeting close thank you all um have a good evening good night [Music] everybody

[326:04] [Music] for