July 20, 2021 — City Council Regular Meeting

Transcript

Captions from City of Boulder YouTube recording.

[0:05] [Music]

[2:24] [Music]

[4:29] Mary [Music] y hi Brenda Brenda you made it I made it okay ging in at the last moment you need a few minutes to breathe or should I go ahead and make you host uh you can make me host I the slides up on my screen but so

[5:00] yay and when we are all ready I think we have a full council at the moment and it's six so whenever we get to go give me the high sign and we'll get started I know presentations and channel 8 are both good to go so it's just a matter of when R they can give you a thumbs up okay I'll get there I'm I'm ready to thank youate that [Music] all right I am ready to go when you are Sam we'll hit record when you say so go ahead and hit record

[6:00] [Music] and we are recording very good welcome everyone to the July 20th 2021 regular meeting of the Boulder City Council we will start tonight with a couple of announcements and I think we're ready for the slides for the announcements um first is about vaccinations for covid-19 um more information is available on getting your vaccine and signing up for notifications um you can go to the website www.bouldercounty.org families disease covid-19 and vaccines and I think we will get that up on the screen here in a little bit uh the second announcement is the city has launched a reimagining policing effort and is seeking feedback from the community

[7:00] a questionnaire for you to fill out is available at beheard boulder. org reimagine Das policing and that's open until July 31st this is a great way for individuals to provide input on your own time and in a safe and Anonymous space if you'd prefer to provide your feedback verbally or participate in a conversation with City staff uh or other community members please sign up for an upcoming online forum you can access the signup sheets and available dates on that same beard Boulder web page and with that Alicia could you please call the role yes sir thank you mayor and good evening everyone council member Brockett present friend here Joseph present Nagel here stick

[8:00] here wck present Weaver here Yates here and young present mayor we have a quarum thank you very much and before I move on I will turn to Bob Yates for his uh input Bob yeah um as some of you read I was in a car exit yesterday and while I'm doing pretty well my face is a little bit messed up so if it's okay with my Council colleagues leave my camera off this evening very good well I think that's okay with us and thank you for being here and we hope that you recover quickly and with that I will ask for a motion to amend the agenda the only thing we need to change tonight is to add item C the City attorney recruitment update so can I get a motion moved second any opposition to amending the agenda

[9:01] great seeing none we will add that and we are ready to move on to open comment give me a moment to pull the list up our first three commenters that open comment tonight are Alexander Sage Evan rabitz and Kurt nordback we have a Full Slate for open comment tonight so everyone as usual will get two minutes for their open comment and with that we will bring up Alexander for the first comment Sam would you like me to share the slides uh yeah for anyone who has slides please share their slides thank you and the the public participation yes I'm sorry yes let's start with that before we go to Alexander let's set the ground rules thank you Brenda for the reminder no worries I wasn't here to remind you ahead of time uh so I will share my screen can everyone see that not yet today says you've started your screen sharing

[10:02] but I don't see paused it says resume share I can see it okay great uh so uh thank you all for joining us for public participation tonight um we want to share with you that the city has engaged with community members to co-create a vision for productive meaningful and inclusive Civic conversations this Vision supports physical and emotional safety for you our community members for staff and for Council as well as supporting democracy for people of all ages identities lived experience and political perspective uh you can find more about this Vision on our website um on the participate in City Council meetings page on the website um and I'm just going to share a few examples with you this evening of the rules of decorum found in the boulder Revised Code as well as guidelines from that Vision all

[11:01] remarks and testimony shall be limited to matters related to City business no participant shall make threats or use other forms of intimidation against any person obscenity dehumanizing language racial epithets and other speech and behavior that disrupts or otherwise impedes the ability to conduct the meeting are prohibited and participants are required to sign up to speak using the names they are commonly known by and individuals must display their whole name before being allowed to speak online currently in this virtual format only audio testimony is permitted and with that Sam we are ready to stop sharing my screen and to begin public comment all right very good thank you for that Brenda and again we have Alexander Sage Evan rabbits and Kurt nordback and Alexander you are up when you're ready

[12:00] right hello everyone thanks for having me on today I would like to address the Humane clothing act that collected the required number of signatures to be addressed and its role going forward in the city of Boulder so Boulder as we all know is synonymous Nationwide being eco-friendly due to characteristics like abundance of electric vehicles and compost single-use products and the selling and possible production of fur goes at large contrast to this main ethic the SE Del in 2013 found that producing a coat with fur produces five times more greenhouse gases than any other fabric producing a faux fur coat from cotton saves CO2 emissions comparable to driving from here in Boulder all the way to New York at 1700 miles is the

[13:03] difference between producing a coat from fur to a simple other natural product made from Plants many believe that clothing made from animals is inherently eco-friendly and compostable but due to chromium and nylene and 13 possible other petrochemicals and metals used in the preservation of fur only suitable disposal of fur is indefinitely in a landfill and as Boulder residents we care deeply about animals the Humane Society of Boulder Valley and the dog parks in Boulder are some of the highest quality spaces of their kinds in the country because Boulder residents are animal lovers but we know that 85% of fur comes from animals that are kept in truly abusive conditions in very tiny cages for their entire life and they're because there are no fur stores in Boulder there will be essentially no

[14:01] economic impact to passing the Banning of fur and there is no justification in my mind for why we should continue allowing the sale of fur in Boulder thank you thank you Alexander next we have Evan rabbitz Kurt nordback and Kristen Brinkerhoff Evan the last house in Boulder built for the Homeless was in 2014 at 11 75 Lee Hill 31 units for about $300,000 each taking a year to build I couldn't find out how big the units are but other older housing Partners projects indicate the units are likely between 600 and 1,000 square feet just a couple of weeks ago we learned that Elon Musk the second richest person on Earth has sold all his houses and is living in a

[15:00] 375 square foot $50,000 tiny home that is set up in an hour I contacted the manufacturer boxable and they told me this actually includes all high-end kitchen appliances it doesn't include the foundation hookups or permits I suggest that instead of making homeless folks wait years to win the boulder housing Partners lottery for big Apartments while spending $3 million a year chasing the homeless from Camp to Camp that the city legalize and even incentivize tiny homes for everyone and buy similar manufactured tiny homes so that all the homeless can be housed it's much cheaper it's far more environmentally sustainable it avoids creating jealousy and Frostbite and far forest fires and the ever increasing hatred of the

[16:01] homeless for the city and its more fortunate residents thank you there's no timer on the screen there is a timer but it's in a weird place thank you Evan well if we can't see it we can't use it thank you Evan next we have Kurt nordback Kristen Brinkerhoff and Lori Branch Kurt speaking on behalf of community Cycles you can hear me now yes thanks uh we just want to give a quick thank you to the transportation department for the experimental project happening on Pine Street between fulam and 28 as background there's some evidence that painted center lines on Urban two-lane streets increase traffic speeds and therefore decrease decrease safety this is very different from high-speed Rural Road roads where center lines clearly

[17:00] improve safety and it's not at all clear that center lines are necessary after all most of our residential streets don't have center lines and cars don't run headlong into each other as a result we asked the department to revisit its policies regarding center lines in response they proposed an experiment after repaving they left the center line off are currently measuring speeds then we'll lay a removable Center Line and measure speeds again then decide on policy based on the results this is great the department has designed a safe and useful experiment that will help further our street safety goals locally and even potentially contribute to National level research on this subject which hasn't been sufficiently studied we're very hopeful that as a city we can conduct can conduct additional well-designed experiments like this in the future we've answered a number of questions about this project in in the community so we wanted to make sure you

[18:00] were aware of the project and The Innovation coming from Transportation thank you thank you Kurt next we have Kristen Brinkerhoff Lori branch and Kate pazoles Kristen hi my name is chrisen Brinkerhoff um and I support the Humane clothing act the top reasons people in the recent past were fur were for warmth Comfort fashion durability and claims to animal fur being an eco-friendly process in 2021 synthetic and plant-based materials are now warmer and more comfortable than wearing animal fur synthetics are more durable than animal fur and because producing animal fur creates immediate negative environmental impacts such as land use water consumption chemical pollution and loss of Wildlife and biodiversity synthetic and plant-based Fabrics are the future California Israel and European countries have already begun Banning the sale of

[19:01] fur and fur farming fur is no longer fashionable and plant-based and synthetic materials are taking over the fashion industry today top designers like Versace Michael Kors Gucci Tommy Hilfiger Stella McCartney nean Marcus Macy's and Bloomingdales have all made the decision to stop using fur for ethical and environmental reasons add to that no businesses within the city of Boulder currently sell new fur products and alignment with the city of Boulder's Humane treatment of animals referenced several times in the boulder Revised Code as a core value of Boulder residents no person is currently producing or buying new fur products in the city of Boulder Boulder views itself as a progressive City therefore legislation protecting animals is aligned with the values of Boulder citizens the Humane clothing act bans the manufacturing and sale of all new fur products in the city of Boulder it does not restrict the sale of used fur products and does not restrict indigenous people from using or Trading

[20:00] animal Furs for cultural reasons cruelty does not look good on anyone please vote to pass the Humane clothing act thank you for your time thank you Kristen next we have Lori Branch Kate pazes and Holly Carlson Lori yes good evening I'd like to speak about the 4775 spine Road Project as a reminder this development planning began during the pandemic the continued meetings and planning were all during the pandemic so far there's been very little consideration for the many concerns of the wouldbe neighbors we have not been heard during this process many in our neighborhoods don't even know about this project Gun Barrel has heard many accusations thrown at our community about being against affordable houses while it's true that there are fewer

[21:00] units in Gun Barrel in the affordable housing program that's due to a conscious choice of developers like Andy Allison who have opted every time for cash and Li of so that they would build housing closer to Transit amenities and the city center of Boulder proper we enthusiastically supported the 100% affordable housing build at Odell place in Gun Barrel Center this is not about Gun Barrel against affordable housing this is a community speaking out about a development that should not be approved based on the Merit of The Proposal whose only benefit is bare minimal F 59 affordable units the costs are extensive the loss of habitat at a time when the West is literally on fire the Denver area has the third highest Urban heat index in the US and while Denver and the other cities

[22:01] are moving to a net zero policy Boulder moves forward on developments offering bare minimal affordable housing while maximizing the loss to Gun Barrel this is the loss of our recreational land our Park our beloved outdoor space those who live in Boulder proper can just imagine the Deep grief that you would experience if the developers plowed down the land in the foothills to build a high density development thank you Lori I I still have a few more things to say if I still have your time is up I'm sorry that was two minutes Lori thank you your time is up okay next we have Kate pazoles Holly Carlson and Jared Stone Kate good evening and thank you now I can't see my notes my comments pertain also to the Celestial Seasonings development as residents who live within

[23:02] 100 yards of the site we are not opposed to this development we know firsthand how hard it is to find homes in Boulder and support affordable housing so people who work here can also live here however we have real concerns we would like address before the plan moves forward we were happy the developers are funding a gun barrel shuttle conceding this location is not walkable to amenities as you can see on the slide we look forward to the development bringing an Arts phased library and Cafe to our neighborhood as there are currently no such amenities within a 20-minute walk however we do not believe the current plan will be enough to alleviate the inevitable increase in car travel along spine and J road we have two requests for the council to mitigate the impact of traffic on the residential area first slide two that the developer commit to all construction traffic entering and exiting spine Road at 63rd traveling only along the north section of spine through entirely commercial and industrial space the South section of spine connecting to J Road shown on slide three is an entirely residential area with several pedestrian Crossings and is not designed designed for larger heavy trucks second we ask the developer

[24:01] and Council commit to explore extending Gun Barrel Avenue out to diagonal Highway slide four this could be done without a new traffic light as with the intersection at 55th Street and would significantly alleviate traffic at J and diagonal which already backs up during rush hours it would also give development residents a faster connection to and from downtown Builder where many will likely work finally we do strongly object to any plan to widen spine roads south of the site without a commitment to proactively seek significant input from residents we must know how they will install a 7ot wide bike lane without removing our many mature trees and how they will compensate for eliminating the traffic calming benefits its intentionally narrow and curvy shape currently provides where children and families walk and bike especially when much of through the through traffic goes well over the 30 m per hour speed limit already these commitments from the developer and the council would build Goodwill and further support from community members whose daily lives will be most impacted by this development thank you thank you Kate next we have Holly Carlson Jared Stone and April

[25:01] Lions Holly I am not seeing Holly Sam I do have one person on the phone I'm reaching out to to try and get that person's name um so I will Circle back with you if that is Holly very good then we will move on to Jared Stone good evening thank you for the opportunity to speak tonight I live on Gun Barrel Avenue in Powder Horn I calculated the amount of industrial Zone land left in Gun Barrel using the city of Boulders online zoning Maps 5900 Odell place at 1.2 Acres was industrial but was rezoned as highdensity residential I'll list the industrial plots that are left there's 6100 spine Drive which is 3.74 Acres 4600 Highway 119 which is 7.66 Acres this land is owned by Valley lab just north of the proposed Celestial Seasonings

[26:01] development there's zero Highway 119 which is 10.2 Acres this land is owned by Celestial Seasonings and there are three plots on spine which is the 9.87 acre area proposed to be high density residential by Coburn if the proposed high density residential land owned by Celestial Seasonings is approved and I hope that it is not approved there will be a total of 21.6 Acres left of that Celestial Seasonings will own 10.2 Acres which is over half of the total amount of industrial land left in gunar barrel the city council and the planning board have designated Gun Barrel subcommunity planning as a top priority and said industrial land is vital to Future economic growth however industrial land is being lost to high density residential Gun Barrel is in critical need for a subcommunity plan before any other development is approved thank you for your time thank you Jared next we have April

[27:02] Lions Randall Clark and Judith hour April can you hear me yep okay no um one sec sorry about that all right so my name is April lions and I live at 5906 Gun Barrel Avenue I'm on the board of Gun Barrel Community Alliance we are for affordable housing but we are against affordable housing at all costs we have real concerns about the quality of life in Gun Barrel I want to detail the major public amenities to illustrate the disparity between gun barrel and the city of Boulder Gun Barrel has no public Recreation Center no public swimming pool no main library branch no public playground east of 119 no Transit Center with no bus line running on spine no dog park or offleash area the city of

[28:00] Boulder has three recreational centers five swimming pools public swimming pools managed by the park and wreck one main library and four branches four dog parks or off leash areas what does it tell you that gun barrel Community has formed two nonprofits in the last few years for the sole purpose of fighting for the voice of Gun Barrel we are waving our hands in the air trying to draw attention to the fact that gun barrel does not have the same amenities and infrastructure that those in Boulder proper enjoy sorry that's my cat it's okay for Gun Barrel to have a lack of amenities a lack of voice the disregard for the 2006 gun barrel uh Center Center plan as long as it's out there subc commmunity plan matters the VB CP and your updated comments matter quality of life matters outcomes matter

[29:00] please listen to the residents who know Gun Barrel Outsiders do don't get Gun Barrel they see it only as a location to meet their development goals for housing thank you so much thank you April next we have Randall Clark Judith hour and Ron McMahon Randall yes sorry I can't see what I was going to say now that I've opened my sorry Randall that was a misfire on my part you may unmute again okay sorry about that we are all living under the zoom rule uh my name is Randall Clark and I'm a resident of the Gun Barrel neighborhood of Boulder and I speak for a number of residents who didn't make the lottery tonight to urge you to call up item number four on the agenda which is the site and use review app for l 2020 63 commonly called Celestial Seasonings development and I approve all

[30:02] those who have spoken prior to me who have urge you to call this up and delay this project for three reasons uh and I'm speaking for a number of those people first from a resident who has read the Boulder Valley comprehensive plan more than once followed the development from its Inception um he has pointed out that you the developers did not follow the Boulder City code sign posting requirements almost to a te in brief in regard to placement visibility location duration of posting and we wanted those signs so people be aware of what was going on signs have not been visible for a long time and even today there are no visible signs posted on the property the signs were only visible about 30% of the time we can also provide further further detail if allowed the time second this development does not comply with coyote Bob the B Boulders osmp mascot in that

[31:00] it will be destroying a very large prairie dog population on this land coyote Bob States in ecology a keystone species is one that holds the ecosystem by playing a particularly vital role that allows many other species to survive keyo species is based on an architectural term Boulder has kept these prairie dog keystones in the arch metaphorically so the rest of the stones can keep standing and their land has dwindled so much so as to threaten all the supported Wildlife not just in Gun Barrel but in allive Boulder and thirdly as other people have stated we and gunbar were so excited when we read the bbcp master plan and that you were going to have a gun barrel sub community plan and we couldn't wait to participate but we have felt throughout this whole process that we haven't been heard we haven't been allowed to participate really thank you you your time is up appreciate your comments next we have

[32:01] Judith hour Ron McMahon and Carmen Baran Judith oh go ahead Judith and then next I apologize next we will go back to Holly Carlson who is here so let's go ahead with Judith and then we will add Holly Carlson back in Judith you are ready to go Judith you should be able to unmute Judith if you're on the phone you may need to press star six okay Brenda not hearing Judith right away maybe we could go to Holly and then come back to Judith great thank thank you Holly you may also need to press star six as I know you're on the phone

[33:06] too I see that yep there you go great Holly thank you good evening city council I am just calling in today to ask why it's taken nine City Council Members or why nine City Council Members literally have gotten nothing done in 17 months when it comes to Public Safety I guess I need to ask this question do all of you agree that crime is a fundamental quality of life issue because as of as it looks right now from the resident point of view you do not in fact you guys don't care about anything except dodging important questions and issues when it comes to encampments and improving budgets like the current one of 3.27 million to address the quote unquote homelessness issue when we by far have more of a safety issue concern which comes to my next question why is it that we have all these programs but yet 0% data is collected how is it we have five clinically PID five clinical

[34:00] psychologists that are paid but yet we have zero% data collected from these psychologists from the sear team that are going into these encampments and dealing with these indiv individuals why do we have zero data that shows us how good these programs truly are how is it that a city that was just voted number one place to live which that's out for discussion can sit here and spend millions of dollars on programs that yet have zero data collect on with them who we're actually helping and what's truly going on but we don't have a park that's handicapped accessible for every child in this community to go to we do not have any outlets for our teenagers to go to a teen center a roller ring for God's sakes no they go to park and then I have to see on next door the people complaining because the kids are at the parks late at night getting into trouble well what did the city of Boulder do for these children nothing you guys have done nothing you have failed the community when it comes to providing safety and you have failed the children of community with providing actual safe

[35:00] outlets for them to go to so I really wish you guys would stop lying to everybody when it comes to making excuses for why we have to cancel events and why certain protocols aren't happening because let me tell you we did not cancel Boulder tube to work day because of covid you canceled it because of ecoi levels being so Skyhigh and the liabilities that would come if anybody cut their foot on either broken glass very much next we have Judith hour Ron McMahon and Carmen Baran Judith can you hear me we can great in recent years numerous high density apartment complexes have gone up in Boulder some have a small percentage of affordable units the projects near Celestial Seasonings will add to this apartment inventory yet surveys show that there is a surplus of apartments in

[36:01] Boulder what is really needed are affordable homes town houses and condos for purchase there are many good reasons to choose apartment living but there are also very good reasons to want to purchase the city wants teachers firefighters police officers and city workers to be able to live in Boulder but have they surveyed these professionals do these professionals want to pay rent even low rent for the rest of their lives until projects like Celestial Seasonings offer condos or tow houses for purchase rather than rent people will continue to buy in more affordable nearby towns and bedroom communities and commute if Go Boulder is looking to Gun Barrel

[37:00] to solve its housing crisis then let's do it right Gun Barrel already has hundreds of excellent Apartments let's have a plan for Gun Barrel which encourages ownership and thus discourages commuting let's develop a plan that will allow middle and lowincome families to purchase and settle in their own own home in Boulder and not commute thank you thank you Judith next we have Ron McMahon Carmen ban and Angie mha Ron um thank you uh I'm here to comment on the uh Community the the pending uh Community resilience and safety tax I'm really here to Advocate that the city council uh maintain support for nonprofits at the 20% level that we've seen over the past several cycles of of

[38:00] this and the the prior tax um I think we all understand how important the infrastructure projects are that are at the core of this tax but I think also it's been clear to me that the city council also understands how important it is uh to support nonprofits of of of all sizes um it's a little bit complicated because the extended time frame of this tax uh sort of blurs how uh different projects will will evolve and come into being therefore I think it's it's uh important that the that the city think of this that the council thinks of this in establishing this tax as as developing a deep enough Reserve uh that we're able to support both uh small scale and a few large scale projects uh as you know the economic impact of these Community projects such as uh the dairy

[39:00] and the Museum of Boulder and and others uh really uh provide services to hundreds of thousands of people every year so um we need to make sure that in this tax we have enough reserve for um smaller projects as well as more significant projects that can contribute to economic activity of the of the city and the cultural uh understanding of our of our citizens thank you thank you Ron next we have Carmen Baran Angie Masha and Andy Allison Carman hi can you hear me yes hi good evening City Council Members my name is Carmen Baron my husband and I have lived in Gun Barrel for five years and I have many questions for you about the spine Celestial project why can't the city enforce Celestial Seasonings past promise to keep this property as a wildlife preserve why won't the city hold anyone accountable for the Pud and annexation

[40:01] commitments made when Celestial was built why were development requirements made if they were never to be enforced what Assurance do we have that broken promises won't happen again right now with this project before you next slide please in the name of a few affordable housing units a tiny drop in the bucket of affordable housing goals we will get a veritable explosion of 600 plus people and their vehicles in our community are you sure the pro promised Mobility Hub is a viable en forceable solution to our impending traffic apocalypse why is the city not requiring this to be a car-free development much like the approved fuops project on 33rd in arapo these 600 people will also be frequenting gunel Commons park next door a private park shouldn't the city protect the existing neighbors and require some HOA fees to offset the new intense impact on this private park next slide please I ask this tonight search

[41:02] your feelings the selestial development project is not appropriate for this gun barrel location approving it now would simply be disrespectful we urgently request that this project be denied or at least paused until our promised Gun Barrel subc commmunity planning session is completed we deserve the same careful thoughtful Forward Thinking consideration that every other precious sacred Boulder proper area gets think holiday neighborhood think shining Mountain Waldorf School project think Alpine ballson proposal please hear us please Choose Wisely and thank you for your time tonight thank you Carmen next we have Angie mashaw Andy Allison and Lane danam Miller Angie hi good evening I'm Angie mhaw I hope youall can hear me can thank you um I've been a boulder resident for 41 years and I'm asking you to call up for

[42:03] discussion and vote the proposed development on spine Road I hope you agree that this decision is huge and deserves the council's full attention please take the time to review the planning board meeting that was held a couple weeks ago and all of their still outstanding questions and concerns regarding this development that they POS after their vote the citizens of gumb barel implore you listen to our community's concerns and unanswered questions please listen to us no one including me is against affordable housing however this development offers the bare minimum of 59 affordable apartments um that lacks enough parking and is proposed on or in an extremely car dependent neighborhood which is shuttle and very limited RTD service and lacking connecting safe bike paths will not keep

[43:01] the new residents out of their cars please don't put the cart before the horse let our community benefit from planning like others communities have benefited from a subc community plan require Han Celestial deliver on the Pud set forth decades ago do as the planning board asked after their vote a study on what light industrial lands remain in Boulder we and gumb Barrel have already experienced empty promises like a gumb barrel center which was never delivered listen to your fellow citizens hear us in Gun Barrel due to covid y'all have never even seen us or that you've never met us and we haven't been able to meet you please at least hear us please call up this proposed development thank you so much thank you Angie next we have Andy Alis Elaine Dana Miller and Nora Swan Foster

[44:02] Andy Andy you may need to press star six as well as your phone's mute [Music] button there you go it looks like you're unmuted now Andy and your phone may also have a mute button that needs to be deactivated okay how about now there you go hear you sorry about that um Andy Allison thank you so much for allowing me to speak um here to speak about spine Road um as um you're all aware we've received um tremendous amount of feedback from the larger Community from gun Barrow residents planning board staff and city

[45:02] council and I just wanted to list um a few of the changes uh that we made uh at site review from concept plan um reduced density from 268 to 230 units double the number of buildings from 10 to 20 which helped make the site more open the buildings more compatible with the existing neighborhood added connections throughout the site for per ability increased the total open space and continuous open space provided all the southern buildings to be two stories to match the single family homes to the South added town home product they have more housing options we also have efficiencies one bedrooms two bedrooms and three bedrooms we added Li work units a cafe coffee shop Art Space and a corner Library we added a Mobility Hub which will include a via on demand Shuttle Enterprise shuttles car share Uber lifp drop off ebike and E scooter we added solar to the community spaces

[46:00] and added green roofs to some of the carports we have true affordable commercial as the coffee shop Art Space and Library will only be responsible for utilities and maintenance they will pay zero rent we soften the exterior design to be more consistent with the existing neighborhood we move the on-site affordable units to the north side so they front on the common Park similar to the market units we added six Habitat for Humanity units which are for sale middle and those are over and above the 25% on-site units and all the community amenities are shared by both the affordable and the market units so I I urge you to not call up um this plan um as we heard at concept plan um at Council concept plans are typically called up so that the applicants can hear the feedback so before starting the lengthy and costly site review process they can listen to the community listen to council and hopefully make the changes that uh make the project successful thank you very

[47:01] much thank you Andy next we have Elaine danam Miller Nora Swan Foster and Lynn seagull Elaine Elaine you should be able to use your unmute button now hello Council I'd like to talk about my hope that our community will stop making excuses for crime and criminals I know you're all very familiar with the crime statistics Boulder spike in crime is often excused as the result of just a few down on their luck desperate individuals who have no choice but the reality is these are organized gangs of criminal opportunists the meth heroin and Fentanyl pipeline from Mexico to Denver and Boulder is well documented it's no secret and drug traffickers and their customers always attract crime new state laws are facilitating

[48:00] our crime wave rather than addressing the root cause and focusing on intervening before people turn to Crime our legislature passed laws reducing and eliminating consequences for criminals so now it's even easier to shoplift our local businesses out of existence steal our bikes loot our homes and our garages I guess they figure there's no harm done if the victim can just call an insurance agent uh people like to make fun of next door but it is the new community watch I get to see every day which of my neighbors was victimized the night before and it's where we share videos of the repeat felons who fail to appear in court but appear again and again on our neighborhood security cameras then usually the victims who post are lectured about lacking compassion for the perpetrator of the crime Chief Harold said one of her biggest fears is the community feeling unsupported and turning to vigilantism well that's happening people are personally searching encampments and finding their

[49:01] Stolen Bikes and packages it's a situation that won't end well so I would ask for the safety of the entire community that you as elected leaders view every aspirational proposal through the lens of reality and enforce the laws let's stop making excuses for crime and criminals thank you thank you Elaine next we have Nora Swan Foster seagull and we will close with Kim bixel Nora good evening thank you in 1967 Boulder implemented a growth Management program that made it the first city in the US to pass tax specifically dedicated to preserve open space once held as an example city in the US for an Innovative Urban and recreational planning it appears the city and planning board are at risk of eroding if not abandoning this Innovative Mission by favoring the developers as a Gunbarrel resident and supporter of the GC in opposition to spine road development we have requested a subcommunity plan that is commonly

[50:00] used in other parts of the city it did not happen the use review process to approve the land as residential happened far too easily the city and planning board cannot genuinely claim their support of a community while at the same time denying residents collaborative input through a subc commmunity plan the gum Barrel supports affordable housing but we do not support willy-nilly curated development plans that lack true Innovation sustain IL and affordability we need to do better than this the first step is to not allow developers to dictate urban planning in our city the second step is to hold them accountable for far more of the policies outlined in the bbcp I ask who holds the memory of the true intentions of Boulder's growth Management Programs why not competitive bids for Innovative Urban Development projects CU Boulder engineering architecture and environmental design design departments could be invited to contribute how about a city-wide event that generates positive attention and pride where are the courageous leaders who will take us into a sustainable

[51:01] future in an era of serious climate crisis and potential societal collapse and what if the developers use the single issue of affordable housing as a trojan horse as a way to win access to line their pockets we want equ Equitable and Innovative housing not segregated small high-rise apartment dwellings that are not livable long term in these unprecedented times we ask our city to do a better job investigating future velopment proposals with their curated data hold the developers accountable to more of the policies in the bbcp and to work far more closely with neighbors to ensure acceptable and creative outcomes that benefit everyone not just a few please put a pause on this development project please listen to us thank you for your service to our community thank you Nora next we have Lyn seagull and finally Kim bixel Lynn Lyn you should be able to unmute there

[52:00] you go no timer I've been I've been connecting with you for half an hour to get the timer up can you get the timer up please timer's up on my screen when you have a minute and 50 seconds so it's you're gonna say it's at my end this is just like the blame game with apple and T-Mobile huh no and I'll let I'll let you know when your time is up you may go ahead and proceed with your testimony uped in the middle of my sentence Sam I deserve the respect of being able to see a timer you know C's got an accountability problem here don't they we need a dialogue in this in this forum we need some real authentic communication this is not an echo chamber every single person that's spoken tonight I can hardly believe I'm living in Boulder it sounds like a very backwards place to me you need to call upun Gun Barrel you need to get video for your people I I won't know who Randall Clark is in 10 years because

[53:02] I'll look at his name on the screen you know Nora yay you know Jared Judith who are these people their letters on the screen um this is ridiculous the secrecy is the trouble here dick Tharp the athletic director of Cu cut a deal with CU South 5 million bucks t taxfree lowered the price from 16 million to 11 but the real appraisal was nine but CU said no there's more development potential there in the future they didn't they were speculating and that was acceptable they got a sweet deal and now they want to take over the city of Boulder along with alpine Balsam the diagonal Boulder Junction 30th in Pearl water View North Boulder across from Andy's um greenwash

[54:02] development at the bus stop um with the electric resistive stoves in the affordable housing with the solar those don't go together Andy You're supposed to you know use Efficient Electric devices with solar water view Bome by Mike's Camera thank you ly Lyn your time is up appreciate your comments thank you next and finally we have Kim vixel hello can you hear me yes great thanks hi I'm taking a little creative license tonight speaking regarding the boulder Reservoir I have a pitch for Marvel Comics it involves a council of nine and a new Avenger a new Avenger with a Teflon bodysuit that resists trolling resists gaslighting and fights

[55:01] for the rule of law and Justice in the Republic the quest protect the Council of nine in the Republic from the effects of Illusion misdirection and violation of laws from within its own ranks the first episode Avengers fight for climate concerns safety of its citizens wild creatures without a voice sanctity of nature but only at the risk of being destroyed by vicious nimi Troopers who simply repeat the same irrelevant phrase over and over with an anesthetizing effect on misinformed citizens keeping them in Blissful ignorance the screenwriter's translation of this pra's resolution tonight does not address the key complaint the driftwind restaurant operated by landlock LLC in the beautifully rebuilt Reservoir Cent Visitor Center is indeed a lovely complement to serve Reservoir patrons but by law it can only serve those patrons as an exess use to the reservoir's principal use daytime water related activities the restaurant cannot

[56:00] stay open after the reservoir closes at dark prabs resolution does not address this complaint the parks and recck Department refuses to address this and the public has been sorely misinformed a restaurant that closes when the reservoir closes could be a beautiful thing for everyone a restaurant that becomes a tiki bar after dark and masquerades as an event center is a violation of the city's zoning code the Teflon Avenger will continue its quest in the meantime the focus of the Council of nine should be to honorably uphold their own rule of law and restore order within the Republic thank you thank you Kim with that we will bring open comment to a close and bring it back um I'll turn first to um staff Nua or Sandra do you have any responses to what you've heard tonight just an appreci appreciation for uh the comments we heard and if Council have questions about it just a note that

[57:01] we have staff ready and willing to respond to any questions we may have during the course of the meeting thanks very much Sandra uh yes thank you for all the comments I I don't have anything to add to that thank you thank you very much I will turn to council now and Council any questions or comments about public input very good uh Mark yeah uh I have a I guess my first question I think would be for Kurt one of the speakers suggested that we are not collecting data from our own programs um is that in fact the case I think you mean Kurt Fern Hub correct yes KK yes there you go he is Kirk to me yes good evening uh Mark and counsel um uh I did listen to that um speaker um and I believe she was was also getting two programs um mixed up she I think she was also mixing up the C program which

[58:02] is provides um mental health support throughout the community with the be there program um the the uh Mental Health Providers at C do not um visit the uh encampments um unless they're called to um for a particular mental health uh incidents um so um I'll talk about the data collection for the two programs um the be both programs are relatively new and started um uh early in uh this year um the be there program um provides a monthly report it's not on a public dashboard yet but our plan is to get that information on a public dashboard um the Ser program um is collecting data now but they're also um in the since it's a new program they're in the process of evaluating um uh the correct mental health um program

[59:03] for data collection so they're they're in the process of looking at that right now um I don't have a time frame from for when they'll uh begin to have reports um on that program but I could I can look into that um and and get back to you um if I find out more information on that appreciate it thanks y thank you Mark and just for comple this Kurt fobber is our director of Housing and Human Services for the city um any other comments questions from Council great seeing none Alicia I'll turn it back to you mute button all right thank you sir um our next item on tonight's agenda is the consent agenda items a through o very good thanks very much and um I believe that most items on the consent

[60:00] agenda are fairly clear however as Council we do have four items those are items hi J and K where we have Alternatives these are ballot initiatives and our ballot items that we can either um put on the ballot this fall or we can pass them as ordinances by Council so those are our choices for the ones that are referred from the community which are the um bedrooms the CU South and the fur um items so sandre did you want to speak to any of these because otherwise I can just walk us through each of them um I I think uh if you want to walk us through that that would be fine I don't really have anything to add I think you did a good job explaining that they Council has two options they can either um we we we've set up two ordinances uh for each one of these initiatives and um they can either put

[61:00] it on the ballot as it's written or um secondly they can uh adopt it as an ordinance okay very good those are the two choices and I'm sorry I do do want to say that they can either um select one of the two or pass both forward for second reading very good thanks very much um with that I'll walk through each of them individually the first one um we have two options 8474 which is placing the um issue of Cu South and those terms for annexation on the ballot or adopting the measure um I'll just say my suggestion is that we put this on the ballot and do not adopt a ballot measure does anyone disagree or want to speak to the item okay very good the next item um item I is a similar question do we want to place on the ballot um the ordinance

[62:03] about um housing so changing the number of legal occupants to the number of bedrooms plus one we can either put that on the ballot or we can pass it um by ordinance I'm going to propose that we only pass along the measure that we'll put it on the ballot is there any objection to that okay very good seeing none I'll move to the next item which is item J and this is about um prohibiting the sale and manufacturer of fur products um we have the choice as well of um putting this on the ballot or we can um adopt it as an ordinance I will suggest that we move the measure forward to place it on the ballot and not adopted as an ordinance does anyone have any objection to that very good and then the last item item K these are the two items which are about

[63:02] um Council pay as well as Council committees this is an and and if we adopt these on consent they'll both move forward for discussion at second reading uh in August so that's the summary and with that I will turn to council for a motion if uh we want to move the cons item item k um placing both on the ballot Aon I see your hand yeah I'll go ahead and move that we approve the consent agenda with on item H uh moving forward ordinance 8474 but not 8482 with item I moving forward 8475 8475 but not 8479 with uh J moving forward 8480 but not 8481 and with K moving for both 8477 and 8478 with the effect being to place

[64:00] items on the ballot and not pass them by ordinance is there a second second very good we have a motion and a second to pass the consent agenda and I believe Alicia this is roll call is that correct that is correct sir we'll start with mayor Pro Tim Joseph hi council member Nagel I slick yes wallik hi mayor Weaver yes council member Yates yes young yes rocket hi and friend yes the consent agenda is approved sir as amended I mean I'm sorry as indicated with the items HJ h j and

[65:00] k excellent thank you next we have on this tonight's agenda item number four a our call up and checkin that item is a call up item for a combined site and use review application case number l220 d63 to developed the 9.87 Acre Site located at 4775 4725 and 4649 spine road with 230 attached residential units a cafe Library Art Space and Community areas as well as a Mobility Hub and green space the site review is an amendment to the previously approved Celestial seasoning planned unit development a use review is required for residential uses Within the industrial D manufacturing IM zoning District applicant is seeking to

[66:00] establish vested rights per section 9-2 D20 creation of vested rights BRC 1981 for elements of the site and use review plans thank you and um Elaine I see you here would you like to give us a quick summary of this item you and if you'll indulge me I'll share my screen I've got about um 10 slides just to um hopefully recap everything um and it does look like I need to have um participants screen sharing available Brenda you should be all set now Elaine thank you great thanks very much um and good evening everybody um so I'm just going to do a quick recap of uh where this

[67:01] project and process has been um as you probably recall um the concept plan review process was started about 18 months ago it was reviewed by both the planning board and Council um and there were dozens of participants at both discussions that offered comments and suggestions and since then uh the applicant took those suggestions and prepared a site and use review application uh there was a good neighbor meeting to answer questions in May and then all of the previous input um led us to where we are this evening last month the planning board heard the presentations and comments on uh June 17th and then they continued the hearing to the following week uh given the fact that um it was a relatively late night and then uh the board deliberated and voted unanimously to approve the application um applications with conditions and they've added some

[68:01] supplemental conditions as well and so that brings us to where we are tonight um in terms of a brief overview it's uh the sites located in planning area one and that's important to acknowledge that that means an area within the city of Boulder with adequate Urban facilities and services and it's expected to continue to accommodate Urban development bbcp designates the site as light industrial that's defined primarily as um in industrial parks and residential will be encouraged in appropriate locations the zoning similarly is industrial manufacturing where again the definition is residential and other complimentary uses may be allowed in appropriate locations and so in this case the use review is required to determine if this is an appropriate location for residential in the industrial manufacturing Zone and it essentially evaluates any potential impacts that might be created um on the

[69:03] proposed residential from surrounding industrial um and this is uh the site news for you as I noted uh planning board found to be consistent with that criteria um just briefly the 9.8 Acre Site is comprised of three lots that are vacant today they were improved as industrial office uses in the puds of the 1980s and 90s and as you can see in the site context it includes that large Celestial Seasonings uh plant that was built in the early 90s and to the north is undeveloped industrial manufacturing land it's now owned by a metronic it was originally Valley lab and later cidian there's about two uh 2400 employees employed there and about 500,000 square feet of floor area to the the east of the site is Powder Horn Condominiums with about 498 residential units and then also east of the site is Hunter

[70:01] Creek condominiums with about 144 residential units to the South is the orchard Creek single family neighborhood where there's um three single family lots that interface the property line with the site so then proposed on the site the applicant um is illustrating 230 attached residential units that include um Studio One and Two Bedroom as well as three bedroom units and that also includes six uh units that are planned to be built by Habitat for Humanity um there's some amenities as well that include a thand square foot uh Library Annex in the northeast corner a cafe space that's connected to a community art space and an art laot on the North along with uh community space and swimming pool at the center with a large um open Park um um and a Mobility Hub that has um a number of offerings um uh as part of that it's shared by all

[71:01] the residents it's important to note I think there was some concern that the amenities in the open space would not be shared among all the residents and and the applicant has committed to that so then in unanimously approving the application planning board added several conditions as I noted and those include that the final TDM will be revised to require that the applicant um the applicant's offer which is to contribute $200,000 to fund the first year of the gun barel shuttle um include a provision that it's established no later than three years after issuance of the last certificate of occupancy rather than 18 months and I think that's just to give it a little bit more time for the construction to get off the ground and then also the applicant provide U Ecco passes for five years years rather than three um there was another condition to not add fences around any of the open space areas

[72:01] except the required um fence around the pole and then although it's not a condition of approval the board acknowledged the commitment of the applicant to apply covenants on the affordable non-residential spaces U that are currently planned at the cafe and the library um and the Art Space um to ensure that they're available for benefit um of the community without a base rent charge in perpetuity we can't create that as a condition but they acknowledge the applicant um applicant's desire to to formalize that through a covenant and with that um I'm happy to answer any questions thank you Elaine and so I'll turn to council um are there any questions for staff or is there a motion mark just just to be clear the applicant has accepted all of those conditions that's

[73:00] correct um okay thank you thank you Mark Mary yeah um thank you Elaine um I have several questions um the first question has to do with um um some of the speakers brought up the Pud I'm wondering if you could just provide us a little bit of background on how puds work and what the Pud was and how how and why it could be changed you bet um so there was an original pebd back in the early 1980s and over time there were PUD amendments which means the plans that are um approved as later peties supersede those previous peties so um in the case of I think there were ballparks that were in some early U puds shown to be amenities for the employees over time that got

[74:01] superseded by other plans and so in this case it would be a similar situation the site review would be approved and it would supersede whatever previous peties are on this particular um portion of the Celestial Seasonings pey does that help answer your question um yes it does thank you and just a quick followup um what are the conditions under which AUD can be changed well it depends on uh the level of change that's occurring in the development and so uh we have different levels of modification opportunity in other words you can do a minor modification if it meets uh the minor mod criteria which generally has to do with adding 10% floor area or moving buildings um 10% one way or another um and also if it um doesn't meet the intent of the original site plan

[75:00] approval so in this case um it was a change to that original PUD approval so it it ratcheted up to a bigger process which is a site review Amendment and it needs to go through essentially the same type of process as a site review would uh but through the amendment process and then of course in this case as I noted it's a use review you uh because it's residential in industrial so there were a couple processes that um it had to be evaluated against um for the criteria that's in the code great um thank you for that Elaine um and then my next question has to do with another um speaker's suggestion who um s suggested a um connection from gun Barrow over to diagonal I believe that was explored earlier and um I don't recall exactly um

[76:01] what the outcome was um so if somebody could speak to that I'd appreciate it so in terms of creating that connection there there wasn't a Nexus from this particular project to to actually Implement something like that and that wasn't something that was brought up previously as part of um this review or this application but uh staff made findings of the site review approval based on um the TDM plan that was put in place and the circulation plans and improvements that are proposed that wasn't a part of them it may be something that could be addressed if a future um does uh hold a a gun barrel sub community plan but at this point it's not required for this project okay thank you and then um you addressed the one question that that speaker brought up with respect to um the amenities um

[77:04] being private and I just want to make clear that they are all accessible to everyone in the neighborhood it's accessible to the residents of this it's not intended to be a public uh Park there's no dedication of land that's required as a park of the site review but it's it's intended to be available to all residents of this new uh proposed project okay great thank you um and then other folks um perhaps not today as speakers but in emails we have seen people address the parking um could you just speak a little bit about what parking reductions were made and what accommodations are made for additional Vehicles it's to note that there is no parking reduction that's requested as a

[78:00] part of this proposal and so um the perception that there would be parking demand um is not based at least on our code requirements per bedroom um and that's how it's determined in industrial for residential uses it's a per bedroom uh parking count one other um aspect about this that um is important to note is not included in that parking count our on street parking spaces that are proposed along uh Zillow um Zillow Drive um sorry I I spaced out the name of the street but outside of the um the proposed project are for example Zinger um and the other strees that access the um Celestial Seasonings so there's on street parking proposed but that wasn't included as a part of how they

[79:02] calculated um the amount of parking all the parking is being met on site in other words okay great thank you um and that is all I have oh one more thing no that it that's all I have thank you thank you Mary next we have and mby Erin thanks so following up on one of Mary's questions elain so the the open space in the proposed development is not a public amenity right it's for all the residents uh but the there's a cafe and a library proposed as well would those be uh open to the public yeah that's a an excellent point yes the non-residential um uses that are proposed that Library addicts the cafe the Art Space those are all available to members of the public as the applicant has noted in their written statement great thanks for clarifying that also um

[80:01] Miss PES if I got our pronunciation right also suggested um ways that construction traffic could be routed to minimize impacts on the neighborhood have we looked at that kind of thing yet uh would that come at a later phase if it's approved and could her suggestion if it is approv get Incorporated in that later stage you know it's not part of the site criteria however um we have had opportunities to um consider that um type of um routing for construction traffic and other projects so likely at building permit we'd be happy to consider those and um perhaps she could send us an email with her suggestions I think they're um they're good suggestions great thank you that's all I had thank you Erin Mir by thanks samim um so I'm actually jumping on to something Mary had asked before I go into my questions but it sounds like so the residents of the new construction will have their open space

[81:02] But as we heard from the current residents whose lives are going to be negatively impacted their park is going to be used is there something that the applicant seeing is the long-standing residents are not allowed to use the new residents place but the new residents are going to you know inevitably use the paid for private park by the longstanding residents is there're a way to um that the applicant plans to mitigate this issue so this came up a little bit in planning board and the the point is they are providing a significant amount of open space on this project site and amenities on this project site my understanding is the park that's in question um is relatively far and a little bit detached from this site in other words there's a significant number of residential units between this site and that Park so it it would be a little

[82:00] unusual um to be able to access that when you have the amenity on your site and there's going to be a swimming pool and there's play opportunities so I'm not sure there would be the motivation but we don't have a way to regulate something like that that says um you can't access it um if other people people access their private park space that's code violation maybe through the county that could be looked at uh but that's not something that would be conditioned through a site review in this case okay thanks and just to confirm seeing as I do live here and have been over there it's pretty easily accessible and I have a feeling that people walking dogs will probably be um visiting it quite often because they tend to walk further than a few blocks um I guess my next question is is there a reason that or is there laws or anything in the city codes

[83:00] that we can Implement to seeing as Celestial seasoning as breaking a huge Promise by murdering these prairie dogs and gassing them to death uh is there a way that we as a city can hold the developers and Celestial accountable to at least do a passive relocation seeing is there's still going to be lands that are not destroyed um or purchase lands from the city within the gra lands meaning obviously we still own the southern grasslands but they would have to pay for the acreage to relocate these animals as well as the costs of relocating is there is there any power that we have to be able to do this seeing as we're going to be massively impacting an ecosystem so the the determination of prog management hasn't been made yet and that can be done at building permit um in this case the applicant is intending to follow the Wildlife protection ordinance and it provides a six-step um approach to management of prairie dogs if you want to ask the

[84:03] applicant those questions I believe they're on the call and can be um uh asked to open up their um Communications if you'd like uh because that's not something that U I would be addressing in the site review yeah if willing to respond to that that would go a long way and I think curbing a lot of the people who's um living there and have concerns about what's going to be happening to these lands that they've enjoyed for many many years Renda if possible could you open up um the um communication with the applicant team I believe it's under Coburn Elevate them to they are here in the meeting as I have asked them to unmute Yes actually so this is Bill Hol with cob Andy Allison is also on the call under a separate name and if we could

[85:01] Elevate him and um he's ready to answer that question great let me um pull Andy into the panelist list thank you very much oh he's on the phone so I can't so Andy I'm gonna go ahead and give you the ability to unmute yourself again it's star six on your phone plus your phone's mute button did that work gotcha oh great thank you um mirbi I'm sorry can can you repeat the question just so just so I'm 100% clear well I think I mean to to break it down and just be blunt I think you'd have more buyin from this community in a lot of other parts of this project but at least if you were going to be protecting these animals that Celestial Seasonings is breaking their Promise by you know D destroing the habitat with your development um so my question is can you will you do something to passively

[86:00] relocate these animals or work with the city to either pay money for the animals to be moved to our grasslands or work with our staff in some form so that these animals are not going to be killed see as it's such a small we're not talking about hundreds of acres here we're talking about not even 10 thank you um so I'll tell you what we are doing and then um may need to talk about that last part so um both the r team and um Hayne have engaged consultants and we are actively um as a lane says we're going through the process of the wildlife management plan that one of those steps is to look for relocation opportunities so we're actively um working with two Consultants that are doing that and in fact Hayne has also um had contact with the governor's office um I believe the first gentleman has been active in looking um at sites in Southern Colorado as well

[87:01] and and we have not heard anything for a few weeks on that so we are um actively looking at that and and have um uh relocation um potential but um we have not um thought about relocating them to City lands um I know we reached out to Val ma about that uh as the first step and we never heard back so I I think that's maybe partial what you're asking but you're also asking maybe is there some other way of getting that done I.E some lands that I'm not aware of but you're mentioning somewhere down um in South Boulder I believe did I get all that yes I was just referring to the southern grasslands because that's where we're doing some relocations right now but my bigger thing was seeing if I mean what the first gentleman is proposing would be awesome but with Senate bill 99111 it disallows the relocation of prairie dogs across county lines due to the a industry's influence therefore

[88:01] you're going to have a very difficult time moving these prairie dogs outside of Boulder County um and let some you know Miracle happens so you know looking at passive relocation within the property um I know that not all of the land is going to be developed and so again with the Consultants that you're speaking to you know I don't know if that's going to be an option I don't know how CPW deals with that but um yeah I think sorry don't mean to interrupt um thank you yeah I um I think we can look um um there have been some discussions around passive relocation on the on the on the site so we can look at that and um would also be willing to speak to Val or whoever it may be to to speak to them more about um any of the other City lands okay well I can help facilitate that if if you would like um again I know that some of the city lands was there's discussions on that that we can get into that privately um but I do think that you'd get more buyin not that

[89:01] it's going to matter um if the city doesn't if the city votes us forward but just as a Goodwill towards the community that you are building into uh if you and are able to not poison these animals so understood thank you um so then I guess my other questions wayanne you know the residents we've heard overwhelmingly do not want this project and have continually said to please hear their voice please hear what is um to to listen to them they they're begging us I don't know how it's any more clear on any project that I've worked on since being on Council so clearly they feel like they have not been heard they clearly feel like their questions have not been addressed is there any any other options moving forward other than Council pausing this or canceling this that that is going to open up or allow for us to do some City Planning prior to this development

[90:00] happening or or basically tonight if that's it and the the residents are screwed well um couple points of clarification it it's important to note that throughout the process and that includes uh concept plan review at planning board as well as concept plan review at city council a lot of public test testimony and comment was received and in the planning board presentation staff did provide responses to some of the concerns of the neighbors that uh primarily seem to be oriented towards subc Community planning density um and a perception this is ultra high density um and um other issues that um staff has addressed and has listened to and in all cases is it needs to come down to a criteria based decision and so in our evaluation of comments made by members of the public

[91:01] it's couched um to us in terms of how does this um meet or not meet the review criteria and has the applicant um provided a project that and delivered a project that will meet site and use review criteria so um from our standpoint we have um we felt we've received a lot of public feedback and that the applicant responded to a lot of public feedback from uh concept plan to site review um we completed the public process as is required um and so the other piece that's really important is that when we have a project in front of us we're required to evaluate it based on the code um and the codes that are in place the criteria that's in place at the time so it can't be deferred if it uh meets

[92:02] the criteria today the other piece is that um I think there is interest and there was discussion at planning board that um Gun Barrel is deserving of um community subc commmunity plan and that that should be elevated they wanted that message delivered to Council um but again we're in a a place where we have the codes in place at this time there's a process for determining subcommunity plans um and determining which areas of town um are going to be subject to subcommittee planning that wouldn't happen probably for another year maybe towards the end of this year at least for scoping so um that's what's in place today I hope that answers your question it does thank you elain um Sam depending on if we get this called up or not I mean I'll I'll

[93:01] relinquish now to mark But if this doesn't get called up I would just like a chance to say something at the end um if it does get called up then that's then I won't need to so and if I could also jump in uh quickly and just note that at the planning board it um there were approximately 66 members of the public who spoke and I would have to say that half were in favor and very supportive of this project and they came from all over Boulder as well as Gun Barrel residents so I don't believe it was overwhelmingly opposed to it I think there was quite a bit of support that um a number of U members of the public articulated great thanks and I mean I'd be interested to know how many are outside of Boulder because that's makes a huge difference as some of the callers like to say is people who don't live here don't really care and don't have an idea so it's uh they can they can spout all they want that they have you know support the project but until you live

[94:01] here and until you live across the street from it and until you have the habitat that you walk on every day destroyed it's a different question you know you Mir and I'll come back to you depending on how the vote is Mark just a quick question and a comment uh Elaine the Habitat for Humanity units um I assume they will be deed restricted uh in perpetuity that's correct okay and my comment is for the applicant uh and it's based on comments from um my colleague mirabi um I would suggest that you do not underestimate the Goodwill uh that would result from a passive relocation of the prairie dog population and I urge you to do so if you can um it's not a it will not fully assuage people who have problems with the development but it would be a good step so I I I do suggest that you look at

[95:00] that very closely um and uh implement it if at all possible thank you thank you Mark Mary thanks Sam um I have a quick question for the applicant um with respect to um the park SL openspace um that will only be available to the residents of the new development and I'm just wondering um what barriers are there to opening it up to um the Greater Community uh hi this is Matthew SCH from cus reges um we hadn't contemplated uh bringing the public in they're certainly um just as neighboring communities have public areas that our residents would not be privy to or at

[96:00] least officially um certainly there would be no fencing around our open space and we really have no plans to police who is using the open space or not but um formalizing that has some complications from an insurance standpoint um and uh and and other financing considerations so from our standpoint we certainly have a condition on our approval which says we won't put a fence around that space and we intend not to put a fence around that space and we have no plans to police who is or is not using it thank you that's all I have thank you Mary okay with that um does anyone have an interest in calling this up mirb I see your hand um do you does anyone else besides Mir have an interest in calling this

[97:00] up Adam you also okay so we have two anyone else Sam can I can I make a comment of course as to why I am not going to call it up um sure sure why why don't we hold that for just a moment let's let's determine the yes or no and then we can comment so I only see two interested in calling this up I will ask one more time is anyone else want to add their name to calling it up okay with that we will not be calling this up uh mirbi I know you have some thoughts then I'll go to Mark and anyone else who'd like to comment mirb thanks Sam um so really I guess what I have to say is directed towards my gun barrel Community um I'm I'm just very sorry um I will tell you it has been the most difficult four years to be on this

[98:00] Council and it's honestly embarrassing um I thought we were here to serve you clearly that is not the case we are here to serve the development of Boulder and it is made evidently clear to me tonight that this is the case um I have Apartments lining the back of my house and half of them are empty as are many of the new developments behind king supers as well they are putting in more Apartments now that who knows if they're going to be filled they're going to destroy an ecosystem that has been watched and enjoyed by many many people for years it it's another step in making clear that our City's environmental concerns uh climate concerns are a joke uh by destroying another almost 10 acres of habitat for these animals on top of the 30,000 that we're killing already for a few farmers in our egg um I don't know why we're even trying to

[99:01] do a uh climate action plan that the delicate balance that our ecosystems have the fires that are raging in the west this should be evidently clear that we should not be messing anymore with our our ecosystems and and putting in more housing when when there's apartments sitting out here that are completely empty and and waiting for people to move in so a heartfelt apology to my fellow Gun Barrel residents your voices were heard by some um I wish I could have fixed this so very sorry thanks by Mark This was um not the most clear-cut decision for me but I recall that that at concept plan we made a number of Fairly pointed comments to the developer the first was that it was too dense and there was some reduction in density what I like more possibly but you know this

[100:00] was a reasonable accommodation um I know that I complained um strenuously about the contemplated design at that point um suggesting that uh the project was among the ugliest I had seen and I think the design has improved considerably and takes on a much more uh human scale I think the open space which will functionally be open to all even if not everyone wants to uh to use it but functionally it will be open uh to the community uh is good I remember complaining to the applicant that there ought to be at least some commercial space um there to serve the needs of the community there's not that much but there's some and you know in this world um compromise is important so on the whole I'm prepared to accept the project

[101:01] um and that has has informed my decision not to call it up uh I do think there were a number of accommodations made by the applicant and on the whole it became much better thank you Mark Mary thank you Sam um I agree um with Mark's comments um one of the things that I have learned in my service um five years on planning board and now eight years on Council is that the best that we can do as we move through these development reviews is to shape them um that properties have um legal um ability to De develop the properties um owners of properties have legal right to develop them so that the

[102:00] best that we can do is simply shape them um as um was said in the presentation um this is criteria based and um one of the Criterion is that it meet the Boulder Valley comprehensive plan and it does that was determined by the planning board as well as um by by um virtue of the fact that there's many of the policies in the comp plan that it meets it meets the comp plan so um as Mark said there have been a lot of improvements that happened since the concept plan um some of the ones that um Mark did not mention is that there are town homes that will be for sale there aren't many um but um there are some um the other thing is looking through so many

[103:02] of the projects that come through the city so many the projects are cash andl and in this case they're building the affordable housing on site um and so all of the coffee shop the Art Space um the the park space that will be functionally open to all are important reasons that I am not voting to call it up as well as the shuttle um as many people talked about the transportation is limited so I think the shuttle will be important um and I think we will learn from it and I hope that RTD comes in and learns from it as well um so on the whole I think that enough concessions were made that um this project has been vastly improved from

[104:01] when we saw it last year in concept that's all than you Mary thanks Rachel yeah I just really wanted to um say quickly I appreciated that planning board did a lot of heavy lifting for us and got to a unanimous decision um with a lot of improvements um from uh the use review until now and so I I wanted to thank that board it's uh I don't think it's one that um always comes to a unanimous decision so that that um made our job easier tonight and so I wanted to thank them and um I I don't know exactly how to say this but I feel a lot like um people feel like it's winning or losing on a decision like this uh and as Mary said we our best chance is sort of to shape things and it's not all or nothing win or lose we try and make things better um and and we do hear the voices and um incorporate that into feedback so um I don't think

[105:01] it's a a win or a loss we uh we try to make things as as uh best as they can be within the confines that we're working within thanks thanks Rachel and I guess I'll jump in here and say a couple of things um first of all this project did improve and change quite a bit we did did what we often do which is call it up at concept plan and work it over um with the eye towards all the comments that we've received from the community at that time so a lot of this um change has come from the comments that the residents and the neighbors let us know where their concerns so a bunch of that has been funneled into this another key point is housing is a critical need in Boulder um 55% of our residents are renters and um so creating rental property is something that is in high demand and Boulder in fact higher than in most places so I will just put that

[106:00] out there also put out there that it's a lot easier to finance rental properties than it is to finance ownership properties the reason that our affordable housing program has so many rental units and a relatively U much smaller number of ownership units is it is harder to finance the ownership units habitat is one of the few ways that routinely comes through for us and helping with ownership units so I'll put that out there um two other points I will bring up one is around subc commmunity planning so there's only one neighborhood or one subc community in Boulder that has such a plan and that's North Boulder and that was drawn up when that was mostly Greenfield area and there was going to be intense development I have long been a fan of subcommunity planning as has a couple other members of this Council and so we have revived that concept and we've started with East Boulder so I think we hear you loud and clear I think the other neighborhood and sub community that we hear a lot from so far's a need

[107:01] for a subc community plan is the Hill area near um the university so I think uh when the next Council takes up the subject of where the next subc community plan is I can imagine that gun barrel will be near the top of that list so I think you will probably get that a last point to make about subc commmunity planning is one way to keep that process moving forward and to reduce the opposition to doing subcommunity planning is not to have it stand in the way of legal development of properties which are currently governed by our site plan review criteria and the land use code so uh if in fact no development happened unless subc commmunity planning happened first it would not H the subcommunity process would be opposed so strongly that we wouldn't get it so that's a little background on subc commmunity and the takeaway is I think if the residents of Gun Barrel make their case to the next Council and work hard um to get council members elected

[108:02] that represent uh a chance to put Gun Barrel at the top of the list that might be a good use of the organization that you've done so far I'll say a last thing and I know that um this will not be popular in Gun Barrel but I will point out that um any Resident residential home home which receives Water and Sewer Service from the city has a clause in the annexation agreement that says we will Annex that property at the will of um the owner of the property so there are many many residents of the Gun Barrel Community who are not Boulder residents which means you don't get to vote on the council so I would suggest in all the organizing that's been done it might be an interesting subject of conversation among the activ members of the community about whether it would be politically wise to Annex to the city for the many many homes out there that could do that at will uh of the

[109:00] homeowner so I I think you know the penalty that you would pay for it is a slight increase in property taxes but the benefit that you would get is a a full standing um and I will note the neighborhoods across the street from this development um fall into that category your your voice would be um backed up by your vote for Council were you to elect to go in that direction which I think would be good for both the city of Boulder and Gun Barrel residents and with that um that's all I have to say I think this project has improved a great deal from the first time we saw it um and I'm hopeful that it serves the community well um Erin I believe you're next yeah well I I won't repeat what everybody said I thought you know Mark and Mary and Rachel and Sam said generally the things that I'm I'm feeling so I just want to highlight the the way that the project has improved greatly from concept plan it does get us some desperately needed housing in the community including onsite affordable which we don't

[110:00] normally get and it also I really appreciate that it is providing some amenities to the neighborhood which as we've heard loud and clear there's a lack of amenities here so I think the the cafe and the library will be a great addition the library in particular Gun Barrel has been needing the library for a long time I'm excited about that as well as the shuttle and and I just want to say I know that to the area residents I I know you were hoping to not get this approved until a subcommunity plan was was developed and for the reason Sam stated I don't think that's a legal or fair thing to do but um I certainly have heard you loud and clear and um I look forward if hopefully in my time on councel to you starting and implementing a subcommittee plan for Gun Barrel because I think we all need and deserve one so thanks thank you Aon Adam thanks Sam I just thought it was worth mentioning when we went through concept review um we discussed pricing of the non- permanently affordable units and they expected those units to be

[111:00] about similar two diagonal Crossing which for a one-bedroom right now is going for about $2,000 so for someone to not be rent burdened about 30% of their income for a one-bedroom if they're living alone they'd have to make about $90,000 a year and that is a tough thing to do um so you know not sure this is always the type of thing that we need obviously they have to make the numbers work and you have to subsidize the other units but I don't think it's a full truth to say that the other units are Workforce housing when they're $90,000 required to not be rent burdened for a one-bedroom so just throwing that out there thank you thank you Adam I see no other hands so with that uh Alicia I think we are done with this item and ready to move on all right sir thank you uh next on

[112:01] tonight's agenda we have item number five which is our public hearings five a is the second reading and consideration of a motion to adopt by emergency measure ordinance 8470 amending sections 8-3 D21 tents and Nets prohibited BRC 1981 to extend the prohib prohib to extend the prohibition prohibition of all Urban parks and public property excluding temporary shade structures in urban Parks regulating the use of propane tanks on public property and setting forth details in relation there to sorry for that mishap sir easy for you to say Miss like okay um and I and I believe I I have a presentation so I will wait for that to get queued

[113:18] up all right wonderful good evening Council I will be presenting this item tonight there are also many other directors and staff members available that will help address any questions that arise next slide please on May 11th 2021 City staff provided council with information regarding health and safety regulations in public spaces and the annual homelessness update from the from that meeting Council provid provided staff with direction to come back with an ordinance regarding tent and propane regulations we are here today to present you with that proposed ordinance next slide

[114:02] please as noted in staff's May May report to council um there has been a significant increase in theft of propane tanks um Boulder Police Department was able to provide me some statistics related to that in 2018 we had um one case of two tanks stolen in 2019 there were three cases with five tanks in 2020 there were 11 cases with 91 tanks in 2021 as of July 19th there have been four reports and a total of 14 tanks um there have also been several fire incidences including explosions related to the use of propane tanks Outdoors next slide please as I mentioned there have been several incidences of injuries or property damage related to the use of propane tanks in this um photograph in this slide um there is a depiction or

[115:03] photograph of an explosion that occurred um in connection with the use of a propane tank on Belmont um in addition to that there have been other incidences one tent with a propane heater blew up over the winter one person um got some pretty nasty burns from a heater that fell over um we've also had um some fires resulting in property damage and injuries from burning hand sanitizer um but not nearly as dramatic um and then as recently as two weekends ago we had another Camp propane tank explosion that camp was located on open space property within the city limits and um luckily nobody was at the site at the time of the explosion we also reached out to try to get some feedback and ask uh folks why or how people are using these propane

[116:01] tanks and so the following is some of the information that we were able to collect um first of all the propane is being used for heat and sometimes cooking food sometimes the tanks get hooked up to something similar to those outdoor heaters you see in outside restaurants but often times it's an open flame another person has a reputation for cooking um marijuana butter and claims his is better than anything at any dispensary using propane another unusual use of propane tank at a camp involved the flamethrower attached to a propane tank when asked what it was used for the person replied that it was for the ceremony when they throw people off of the island his other tank was connected to a burner and he'd improvised a pot support for cooking food as for why people have more than one um people use them as backups when

[117:02] they run out and then just like any other resource they can trade propane tanks for other things such as money drugs or other resources um so they are a valuable commodity um but regardless of the use they do pose a significant fire safety risk since typically there's an open flame component to them and they're used near tents or temporary structures next slide please so the proposed ordinance seeks to address health and safety issues related to the outdoor public use of propane tanks um as you can see in this slide um no person shall possess a propan tank on any public property and then there are three exceptions to that rule the first being with a Park permit and subject to permit conditions um this does not apply to the possession of multiple propane tanks for the purpose of transportation to and

[118:00] from prop private property and lastly it does not apply in connection with an approved City special event permit next slide please this slide um provides more detail regarding the Park permit process um Parks has had a propane tank permitting system in place since 2008 it allows people to bring their own propane gas grill to a city park with some conditions and typically It's associated with the reservation of a park shelter um the conditions are listed on this slide um I don't need to go into detail and read it all except to note that um it's limited to one maximum 20 PB bottle connected to the grill or heater next slide please so the second part of the proposed ordinance seeks to address health and safety issues related to tents in public

[119:00] spaces tents create a false sense of safety particularly during bitter cold winter months um there's been a substantial increase in the number of tents and urban parks and public places accompanied by an increase in public complaints of adverse behaviors and interactions in public parks and public spaces including drug and alcohol abuse trash and litter Associated verbal and physical intimidation and aggression The increased proliferation of tents and other enclosed structures in public spaces obscures illegal activities from public view contribute substantially to the accumulation of litter and items that pose a sanitary or health hazard can often interfere with pedestrian circulation and the lawful use of part s and they also inhibit the effective regulation and enforcement of illegal activities in public spaces next slide

[120:04] please the proposed ordinance addresses the issues noted in the previous Slide by prohibiting tents and or other temporary structures in a park open space or public property unless done with a permit typical permits would be issued for special events weddings and the like there's also an exception for temporary shade structures in a park during the day next slide please so this slide shows the um changes to the to the code um the proposed ordinance expands the current um open space open space tent ban across all public property including Greenways cul s Parks rights of way and waterways um it will allow um the police department to remove a tent right away not just after Sunset to further clarify

[121:01] that parks and public spaces are not for camping and compliance is the goal um but tents could be impounded if there's a refusal to cooperate so the rule has two exceptions first as I mentioned um by written permit for event like this past weekend's Creek Festival large tents for special events are inspected for safety and um may receive permits and then the second exception is for temporary shade structures um in a park next slide please so the definition of temporary shade structure is a structure such as an umbrella or awning that provides overhead covering or weather protection but not designed for overnight use or privacy and cannot be fully enclosed no temporary shade structure should remain in a in a park between

[122:00] Sundown and sunrise the ordinance will still allow um party goers to benefit from shade protection um and uh yeah I think that's it for that slide that they can be used at events picnics on the beach at the reservoir Etc and next slide that concludes the presentation and uh welcome your questions thank you Sandra and so with that Council any questions juny thank you SRA for your presentation I have a question about slide number five yes yeah um I'm just thinking of the wording of no person shall possess a propane tank on any public property and I'm thinking

[123:02] okay are we trying to enforce possession or use because what if someone had a propane tank they were not using it you see what I mean and I know the exceptions I read them but at the same time I think if it's what's the word it's I want to say criminalizing without I can't find a better word but I just think maybe should be no person should use a propane tank as opposed to possess so thank you for your comment I I see what you're saying but I can also see the situation where um you know that we have an issue of these collecting on public property as well so once they're used they're just kind of discarded and um they accumulate and um if there's others in from uh the police department or somebody else that can uh add to that

[124:00] but my understanding is that there's also an issue related to just having them around even if they're empty and they just collect and and create uh situations in that regard as well so I see Carrie that you're here would you like to add to that yes I would good evening Council Carrie whammer Deputy please Chief um I understand jun's Point um part of it is an Enforcement issue it's much more difficult to enforce use because we have actually catch the person in use as opposed to being in possession and when we clean out these encampments uh especially last year as you saw by the slide the number of Tanks we had stolen uh we were constantly removing dozens of Tanks tanks from these encampments so and even an empty tank can still be a hazard because they they do contain fumes um and and they have to be dealt with removed stored and ultimately returned attempted to be

[125:01] returned to the rightful owner which is very difficult to do so it's an Enforcement issue that possession is going to be much easier for us to enforce than um use thank you juny any other questions I still think possession is a little bit stricter than use and I understand that as well where you coming from and I think my other question would be have I guess have you considered the penalty what does that look like for use or position is it just a citation amount so I'm just thinking because I see your point again you the person out there dealing with you know the propane tanks and the safety issues and I'm just a council member who's not really at the front line so but at the same time I'm just trying to figure out

[126:01] someone just having a propane tank as and someone using it that's two different to me it seems like it's two different things it's not one thing you see what I mean but then again I suppose if someone was on open space with a propane tank yeah okay so is is there is that a question I'm sorry I I know that I've asked many things at once my question I suppose is penalty wise have I guess have I um have you looked into it legally what that would look like I suppose this is not something you've think thought through because you only brought forward the idea of possession as opposed to use so this would fall under the general type of offenses which are subject to all they're all subject to the same type of penalties which currently is maximum

[127:02] of a $1,000 fine and or 90 days jail well yeah no thank you for this that's my only question for now thank you juny Adam yeah I have a followup to jun's question um would that be per propane tank or per finding the propane tanks at one time because if you got 10 of them 900 days in jail I I believe that it would just be the one violation I I I think that could be considered if they had you know 50 propane tanks that could be considered in an a aggravating factor for that case but I I believe we would just charge the one count of violation um second question regarding the propane uh

[128:00] [Music] rules what um what's the purpose of not having this on private property as well if having so many propane tanks is a dangerous activity well we're not seeing large accumulations of propane tanks on private property um the the issue we're dealing with are encampments and people camping in public spaces and accumulating large numbers of Tanks especially in the winter time for the things that we discussed um plus there's a difference in in regulating Al like Sandra speak to this but there's a big difference in regulating conduct on private property versus public property gotcha okay um last question was going to be what what is the penalty for the um the shade rules is it similar 90 days in jail $1,000

[129:01] fine it if they didn't fall within the exception like if they kept it up after Sunset is that what you're asking yeah yeah just any violation of the rules um if you have a tent instead of a shade or if you keep your shade up past um past the hour allowable Sunset yeah I mean it's a technical violation you know a lot of times when we have new laws we do a lot of Education ahead of time but um and officers always have discretion on whether to issue a citation or not and so you know if it was not a clear-cut obvious situation I I'm sure that that would be taken into consideration um Sandra that you may not be the person I may need Jud cook for this but uh what is the just sort of General penalty I realize that you have maximums listed there but in most cases what kind of penalties are we getting for these technical violations in

[130:04] court H well for this particular um code section we don't really see these charges very often so it would be difficult for me to say to compare it to something like this um I can tell you um that it would be unusual to to have any jail time associated with something like this it would more likely be a fine or some other type of um penalty um does that help that does help so it would probably be fair to say that this isn't going to get homeless encampments off the street necessarily since we're not really going to jail people for this right and and and so I think that well Cara you can jump in if you if you'd like but um the intent is to try

[131:03] to regulate and manage some of this stuff and if people don't comply then um the the option would be to confiscate the the tent and so to try to remove that situation from even Contin to occur um but arrest is always an option or a possibility if um things you know escalate and get out of hand and I can totally understand the need to see if there's a legal activity going on but yeah it it doesn't sound like this is exactly youna get people off the streets necessarily into jails no and that's not the intent either I'd like to add a common occurrence we R into when trying to remove encampments is osers will be in the process of removing an encampment and the campers will move 50 100 feet away and set up their tent in middle of the daytime and right now that's

[132:00] perfectly legal um so it it really it really inhibits our our progress in removing encampments when they can go a few feet away and erect the tent during daytime which currently they can't do on open space but it it currently is allowed within city parks within the city limits and so part of the intent behind this ordinance is to make a level clean field between open space outside the city limits and parks within the city thank you Deputy appreciate that now those are all my questions Sam thanks Adam Rick Jo yeah um I think a couple questions for Sandra do we looked at other cities prohibiting tents in this way uh have we modeled our our ordinance on on what other cities are doing here because a lot of what I've seen is is the camping ban and this seems more like a see daytime tent ban yeah we we I haven't done any research on what other cities are doing

[133:01] I don't think that it's that common we've had this in place for quite a while this um I mean we're amending an existing tent prohibition um but um well I guess elaborating like I'm just has this been challenged we're seeing a lot of constitutional sort of um challenges to Camping band so I'm just wondering has this has this been looked at and upheld by courts I did do some research in into that there hasn't been a whole lot of challenges related to an ordinance like this as you've mentioned they've mostly been related to Camping ordinances and that's sort of thing so there hasn't been much activity on something similar to this okay um and then can um Can someone maybe walk us through it and I think that um this was maybe we were just getting at this in response to Adam's question but if kind of like how

[134:02] it will play out and and just again walk us through if someone has a tent um and how this interacts with our current camping ban uh which requires a certain number of days of notice before being moved so you see a tent during the day and sort of how does that happen what are the notices involved are there any legal issues or pitfalls that we see if there is no notice or sort of how do we think we might sidestep Court decisions that require notice so I I can answer part of that question I think um Carrie might want to uh jump in when it you know relates to uh the officer's perspective but um with respect to how we handle encampments now we have a a process in place we provide 72 hours notice with a written notice um we also and and if there's others that have additional information please jump

[135:01] in um but um we do provide that written notice but then also it's a verbal notice if the folks are there at at the at the site they will have that conversation as well um and then um then at some point they'll folks come back and then um we have folks that are available with resources uh related to um housing and um you know mental health substance abuse that sort of thing um to provide um opportunities for people to access that and um and and then you know the the cleanup begins um Carrie or maybe if there's C Curts available can jump in and add some more detail I'll add from the from the enforcement perspective is with any ordinance we always try to begin with a verbal warning and gain compliance if if not then we can escalate to a summons

[136:02] and if that doesn't gain compliance in this case if the the ordinance were to pass then we could seize the tent um that would be our last resort and to point out again this is current practice on open space lands there's no notice required um for them to site for having a tent on open space currently um it can be they can be cited upon cited upon site the lack of a better terminology and and is that a frequent occurrence um I'm not sure I if anyone from OSP is here or Sandra has seen a lot of cases through Municipal Court um I do know that they regularly contact people erecting tents on open space and I imagine they are able to gain compliance in L of having to write a summons um okay I think those are all my questions thanks and I guess I'll just jump in and clarify one more thing though so when I was responding to that question it was related to the camping

[137:00] ordinance not to this one yeah and I I guess I just maybe Reas the second part is do you do you visualize if we are sort of maybe reducing notice periods similar to what we do on open space that that is going to be um consistent with what we've seen in Cas law in Colorado that's uh I don't think um I don't think it's a boulder case law but I think there are Denver and a pellet case law right that are um guiding yes that there are other cases um but they've been like I think you referring maybe to the Denver case as one of the examples but um with so with Denver they were um quite large encampments that they were you know cleaning up and that sort of thing and um they provided or required much more notice um what we're

[138:01] talking about here is a tent um and so I don't think that the same you know analysis would apply necessarily okay so we're not concerned that that um that the lack of of giving notice and and you know if you see somebody putting up a tent and a couple hours later asked them to take it down we don't see any potential constitutional or legal challenges there not at this point okay okay thanks all right thank you Rachel um seeing no more questions from Council I think we can move to the public hearing section here give me a moment I'll pull up the list so we have eight people signed up because it's eight people we will have three minutes per speaker um our first three speakers are Elaine Dana Miller Sher hack and Christopher Santino um Elaine you are up and you

[139:01] have three minutes thank you Council I support ordinance 8470 and I hope you will too I hope you'll not only support it but support the enforcement of it so I read the 8470 memo and I agreed with everything and from the memo it's clear that the city understands the dangers of these encampments and the obstacle they create to getting people into more substantial services so I lived in New York City for 12 years and um New York has some of the most magnificent public spaces in the world So to avoid complete chaos in order to use those shared public spaces you had to abide by some simple rules for example in New York's Central Park you came can't Camp unless you get a special permit and then it comes with strict limits on location and timing you can't cook in the park except on specific holidays and only with charcoal grills they don't allow propane tanks

[140:00] and then only in certain areas of course you always have people who believe the laws don't apply to them but the parks department addressed violations quickly and made it clear that park rules apply equally to everyone those reasonable rules ensure that in a city like New York with a population of 19 million people and 70 million visitors per year the public spaces are clean safe and available to everyone who wants to use them respectfully and lawfully now that's New York so back to Boulder our Creek and public spaces have become unsafe the creek is not meant to be a toilet laundry and kitchen sink and public parks are not meant to be pop-up subdivisions or shelters for anyone who comes to town with no lodging I'd also like to ask officer Weinheimer when they give the 72 hours notice how many of the encampments comply how many say okay I've got notice I'll move on I think

[141:00] this is a necessary step to make it very clear that Bolder public spaces are not for camping so please adopt this proposed ordinance and enforce it these laws keep shared public spaces Clean safe and welcoming for everyone who wants to use them respectfully and lawfully thank you thank you Elaine next we have sherry hack Christopher senteno and maros sapina Sherry hi thank you for letting me speak my name is Sherry hack I'm a boulder resident I've been lived here for o over 20 years and um I've watched with horror the decline of Boulder during that time especially in the last few years I'm here to speak on supporting the ban of tents and propane tanks I feel this will help enforce the ban on illegal camping it will allow the police to adequately do their job instead of us tying their

[142:00] hands where a tent dweller can just move a few feet away or get a 72h hour notice I mean that really just does nothing as far as enforcement you know let's not be naive propane tanks and Tents um have no place in public and open spaces and um they are frequently used by illegal campers illegal campers have been running a mck and Boulder for way too long um this ban will help the police enforce it enforce the illegal camping ban um the current protocol just isn't working and frankly it's just a farce and it makes the police ineffectual we want them to be able to do their job and promote and and and enforce Public Safety I just want to say that the residents of Boulder were sick and tired

[143:00] of being sick and tired of this situation we're really tired of it and we're really trying and we are begging you please do something we don't want to end up like San Francisco which I was just there a couple of weeks ago and let me tell you it is no picnic it's horri horrifying it's sad you know we are a compassionate Community but enabling people to Camp outside pollute human defecation everywhere um polluting the environment I mean my God the cons the impact on Wildlife we're not even talking about that it's it's just it's it's just insane you know I see these pictures all the time on next door I don't even go I can't go I can't go on the bike paths I don't walk around in the parks in Mid

[144:01] City I don't I don't like to go on Pro Street anymore and um you know this situation we need to do something different because you know when you have some say you have a party and you have an Uninvited Guest and that Uninvited Guest starts robbing the other guests and your friends at the party they start stealing from them um stealing all you know becoming unruly are you just gonna stand there and just say oh it's okay if they're here it's like no you have to have you have rules we have laws and they have to be enforced and the current situation is just it's just not it's not working and I can't can't even believe that anyone would think that a person can have a propane tank in an open space that it's violating their constitutionality their constitutional

[145:01] rights thank you very much thank you yeah um next we have Christopher cenno Marcos oina and Lyn seagull Christopher hi my name is Chris tenno uh I live at 5 for1 Highland Boulder uh I just want to voice my support for the tent and propane ban uh thank you for allowing me to speak uh as the city council knows the camping ban really Campion en forced right now which is what the uh police officer who spoke tonight told you it's basically a game of whack-a-mole we have campers who are mostly not from Boulder they come here to get their free tent camp camping gear and food from local activists and because of Boulder's weak Municipal Code uh police provide warning that gives the camper days to move the Polie think clear an encampment uh local activists

[146:01] uh will frequently protest with anti- police messages then the camper just goes across the street or down the road uh if they need new tent that same activist group will provide one with stickers that say Boulder hates cops and all cops are bastards hence a tent ban that allows an officer to provide a short warning to the camper and then confiscate the tent will put a dent in the problem however we're also going to need at some point Municipal Court reform for this to work as right now the campers often take the ticket and just throw it in the trash however that's a topic for another day uh to conclude I'd like to support the tent and propane ban I'd like to thank you for the uh how serious seriously you took adding additional officers and other changes including uh Camp Rangers and the parks uh recently uh so thank you for that and I thank you for your time

[147:00] tonight thank you Chris next we have Marcos asena Lynn seagull and Holly Sanders Marcos I don't believe we see you here are you here okay um Marcos if you are here please let us know in the chat or the Q&A box and with that we'll move on to LY seagull Lynn you have three minutes um yeah I need the timer on again it was on earlier thank you it is now on Sam just FYI and it was not before and other people complain it was not either so what is going on here if this is the way businesses conducted with the homeless well what can we expect and that's my argument all this development is what's causing this homelessness and the the greater the wealth inequity the greater the Despair and the greater the despair the more use

[148:02] of meth and no one has answered to what you do to the meth users you cannot get rid of them you cannot put them in housing you've got a huge debt to pay to keep up with them up at the permanently affordable housing on leh Hill Road is 52 bucks a night per person for permanent permanently the citizens are paying for that what you need to do is stop the hammering the hammering to the developers like you did tonight when you voted up Gun Barrel like you're going to try to push see you South which you should have tonight denied it tonight it's the elephant in the room big development causes the demand for more affordable housing which itself itself causes the demand for more

[149:02] affordable housing and that affordable housing causes a demand for service workers clerks and the bank and the grocery store all those people that can't afford to live in Boulder that have to service the occupants of the affordable housing in Boulder those people need housing too and since we're only producing 25% for the developer to pay for the other 75% is taking off in a circular spiral and you're chasing your tail and it's endlessly going up and you're causing it you're causing the problem that you're then blamed for two $2.7 million for 18 months you can't find police to even break up these encampments anymore because they're not going to do that job just like they're not going to work in

[150:00] the restaurants how many times do I have to say it I guess I just say it over and over and over and over and over and over and eventually you'll get it and you'll do something about it stop the hammering and you will lessen the problem increase it and you make it more and you make it worse and you make more people griping up here and you don't want your jobs anymore you don't want to be on the council and have to deal with this you Len next we have Holly Sanders Barbara Appel and Pierce delahunt and from what I understand we do not see Holly or Pierce in the meeting so again Holly or Pierce if you're here please let us know in the chat or the Q&A and with that we can turn to Barbara Appel Barbara hello can you hear me we can awesome thank you thanks for having me um as we Face the issue of encampments

[151:02] we need to do so with compassion perpetuating humans to suffer on the streets allowing them to continue their desperate their dependence on drugs and or ignore their need for mental health support is incredibly une ethical looking the other way and throwing tents at them is not a productive or humane way to help Boulder has incredible resources for job training temporary shelter and trans transitional housing which helps individuals who are seeking to become housed as for those who have mental health or addiction issues there is support for them as well through Mental Health Partners of Boulder County among many others think for a moment if one of these individuals belong to you if they were one of your loved ones would you want people to fight to keep them on the streets or would you want someone to stand up for them and get them the help they needed if one of

[152:00] those individuals were your own child your brother your sister your friend wouldn't you want someone to step up and intervene even if they didn't ask for it it is incredibly difficult to seek help in these circumstances that is why as a community it is up to us and you as our elected leadership it is your duty to get them the support they need and get them off the streets I ask you to support 8470 if you have any doubt about how you will vote andard to propane tanks on public property please consider this from a cbs4 article in May of this year according to the Denver fire department there were and I quote more than 200 fires in or near homeless encampments in the last four months alone more than one a day on average and in almost every Camp they find propane tanks a 20 pound tank of the highly flammable gas is equivalent to 100 sticks of

[153:04] dynamite thank you for your time and consideration thank you Barbara and with that we will ask one more time for the three speakers who signed up but who are not here that's Marco aspina Holly Sanders or Pierce Delah hunt if you are here please let us know I don't see any of them in the meeting Sam very good well with that we will close the public hearing and bring this back to council so Council uh more questions or a motion or discussion Rachel I'm uh just going to start with a question um under the

[154:00] exemptions uh that the city manager can um approve the use of a tent in theory could the city manager approve someone sleeping in a tent or an encampment that could be to Sandra or maybe nria if you know the answer I'm so sorry I was muted it's like the the phrase of 2021 um anyway um I suppose um that um that could be a reason um it's it is within um the discretion of uh the city manager um I mean with the temporary shade structure it's it's a it's explicit that what the exemption is um otherwise um it has to be by permission

[155:00] of the city manager and as I noted in the presentation that the intent would be that it would be related to special events or special Gatherings where there is a a large tent that's needed um or even smaller ones as part of a a community event that would be the intent thanks thank you Rachel Mark um Sam are we in questions or comments because we we are in anything Council wants to do so comments questions or emotion those are your choices I'm going to do comments um I think we need to be cleare eyed about our current conditions the encampments have been an ecological and environmental disaster um they have been a public safety disaster they are a fire hazard in an environment of totally

[156:02] parched conditions we need to develop answers and policies concerning our unhoused population but tents and propane tanks on public lands really cannot be part of that answer um this ordinance brings the requirements we have on our open space um to our public lands um and gives our police the tools to actually enforce our camping band which is the currently the policy of this city so I I support this ordinance um our public spaces in my view belong to the entire Community um not merely those who would treat themselves so inappropriately uh I am frankly a bit tired of emails from those who will no longer use the Boulder Creek path due to concerns about their personal safety or the safety of their children um I think

[157:00] we need to do a bit better than that and we need to return our public spaces to the citizens and residents of the city of Boulder and because I believe we need to act um I will support this ordinance you mark Mary and then [Music] Adam I move to adopt by emergency measure ordinance 8470 amending section 8-32 tents and Nets prohibited BRC 1981 to extend the prohibition to all Urban parks and public property excluding temporary shade structures in urban Parks regulating the use of proping tax on public property and setting forth details in relation theret do we have a

[158:01] second second so we have a motion in a second I'm gonna ask a clarifying question to Sandra Sandra this was moved on emergency um which requires six votes to pass on Emergency what happens if we have um five votes yes five yes votes I I believe it's no action but let me just double check that um when you say no action would it be passed on second reading and go into effect after a delay uh could we have a motion to pass it not on emergency and pass it on on second reading and then have the delay and then have it go into effect yes that would be one option okay very very good so I just want to make it clear to council this is a motion to pass on emergency so if we get six yes votes to do this this will become

[159:01] effective right now if we do not this fails on emergency and someone moves to pass it not on emergency if it gets five votes then it passes but it will only go into effect after a delay I think it's 30 days but I'm not sure and send can tell us a bit later how long the delay is but we have a motion to pass actually I'm sorry just I'm sorry to interrupt but if it if it doesn't pass on emergency then I think that the second option would be that it would be a non-emergency it would go to third reading because there's been substantive changes and so at that point it would um probably be put on consent and then pass at that point what would the sub subc sentive changes be um why would it not just pass tonight on second reading and then go into effect after the the standard delay so there were substantive changes from the first to the second reading ah

[160:01] that were that's that's the answer thank you very much Adam and then Mary Adam thanks him um so I thought Mark had some interesting points for sure but to his points I think most of us are not interested in having people camp on the side of the creek and environmental impacts and people uh you know getting accosted or yelled at that's something we all share but fundamentally I'm not sure this is going to change that uh we can pass all the laws we want that have no effect but to give someone a summons or at most put them in jail a few days and they'll return to life with even less than what they had before they went to jail plus an arrest record that is not going to help them get back into society um so with those points every

[161:02] law that we pass is a further chance for people not to be reintegrated into society um and we we certainly need more supportive services to address this um also it feels a bit interesting to me you know I'm just as worried about people who are stockpiling propane tanks on private property it only takes a few of them with ill intent to cause a major situation um so I don't see why if we're going to pass that for public property we don't do something similar for stock piling on private property um again feels a little bit like trying to solve a national problem with local laws that ultimately won't really move the needle so I you know by our Police Department's

[162:00] own um words it sounded like all it's going to do is maybe have people ow a fine go to jail for a few days and be back on the street right where they were so it doesn't sound like much of a solution um and I don't want to set the public up for thinking that it's really going to change things because I I'm not sure it will very good thank you Adam so I'm gonna go back um Mary made a motion so normally we let people speak to their motion Adam just had his hands up from before so we go to Mary now Mary why don't you speak to your motion and then after that we'll have Rachel and Aaron so Mary yeah thanks um Sam um before I I speak to the motion I just have a question for Sandra um I guess I didn't track the change from first to second reading and my question is um if I changed the motion to Omit by

[163:03] emergency measure oh it's still the same ordinance number got it okay um so the reason I made the motion and um support this effort is because um every day I hear from someone in addition to the emails that we get of people that are just exhausted by this and asking for Action um it may not solve the problem but it is a step that we can um take to begin to address the problem we cannot address this problem alone this is a regional issue and I do hope that our efforts at the regional level um begin to bear fruit sooner than later um and

[164:02] this is one of the actions that we can take locally to address the concerns that many many many in our community have thank you Mary and then next we have Rachel Aaron and juny Rachel thanks Sam um first I want to say I support the propane tank ban uh for the safety reasons that have been cited and I think Adam raises an interesting question about sort of why we are uh singling out some spaces as safety concerns without looking at our own homes so I I find that a a solid question and and think we should analyze whether we need to do something different there um I want to preface that but I think that we uh do a lot of good things as a city on homelessness and sometimes that gets lost in these conversations and then in our city we further sort of boil everything down to the camping ban as a bit of a litmus test um like I think some people believe

[165:02] you're a good or a bad human based on whether you support a ban and it it's not that cut and dried so um I just want to point out that I I don't support that as a litmus test um I think that when there is no enforcement of misuse of public spaces um as as Mark and Adam were mentioning then those spaces are in danger of not really being public anymore they can be sort of privatized for person or group's personal use um and they can damage the the um habitat and creeks and and create biohazards so that's not a good thing um on the other hand I don't favor criminalizing the mere Act of sleeping or sort of existing if you are a person who's unhoused um and I think that punitive measures um can sort of have the potential to uh maybe chase people to smaller mountain towns um where they probably have less resources to get support for things like serious addictions so uh that's a

[166:02] concern but my primary concern is that we have gaps in our system that leave some people literally outside and out in the cold um or in the heat um and that's only going to get worse with the climate crisis so we if we are taking steps to more quickly confiscate tents and without notice um without having enough beds and alternatives to camping and Without barrier-free Shelter we are going to draw and I think um potentially lose lawsuits um so we have guiding although I think not binding cases from places like Denver and Fort Collins that are swirling around us and if you look at a recent decision out of Los Angeles and the Boise decision I just don't see this as a terribly um strategic step without the county making some changes to coordinated entry and without us first bolstering housing options so um I'm not asking for us to relook at things because I understand we don't relitigate things as a council but um I think again we we looked hard at the no

[167:02] without looking at the additional yeses that are needed thanks thank you Rachel Ain and then juny and then all go Aon yeah so um I think the propane tank B is a um pretty clear life safety issue uh I think that that propane tanks um in our parks and along our creeks and used kind of with an open flame or in structures or in tensor things like that it's just incredibly dangerous for for the folks involved and um and for bystanders and other people in the community so I I think that's that that's a straightforward life safety issue um and then the you know I appreciate what Rachel is saying about the public spaces that I you know people should be able to to take a nap or or sleep in a in a park during the day and you know if they want want to have a a blanket with that or shade structure I

[168:00] it's all fine but um having a an enclosed tent in in a park or or other open space is essentially you know taking over that public space for for your own personal private use and I don't think it's an appropriate use of our of our Parks so I'll I'll support the the ordinance um with those two pieces because of that but I mean make no mistake it's it's not going to solve any problems around homelessness right there the same number of people will still be homeless with these rules as before and we need to continue to work on the full spectrum of of services and and assistance for people and I'll continue to push for some additions to that in other circumstances like a like a safe outdoor space where people could could get a place to sleep that's legal and um also I very much hope that we can provide some additional substance and mental health abuse treatments options maybe with our arpa funds um and also some additional you emergency and

[169:01] supportive housing options so those are conversations for another day uh but like Rachel said I we have to look at you know how we're helping people to deal with the problems of folks who don't have shelter and and not just with addition Rules tonight we've got an additional rule I'm fine supporting it but we we have to keep looking at at all the other pieces of the puzzle thanks eron juny and then me um CRA I have a few questions for you um if this was the measure passed by emergency tonight when would the enforcement start um it would start immediately so well it would depend on the police department but it would be effective um immediately after pass okay okay also um do we have signs around the parks to

[170:02] you know when it comes to the propane that people cannot use the propane have you considered that have is the city working on that where are we with that there are no signs required with laws I mean it's okay you know you know how that works so um sometimes with um like city manager rules um a sign is required related to something like that because it's it's more finite I suppose um or the option is officers give you know warnings or whatever but that's just related to city manager rules not to the laws okay okay okay I see thank you and also a little bit concerning to me I know earlier you mentioned it it's at the discretion of the officer whether someone is fined and I really appreciate the comments made by Adams earlier um when

[171:03] it comes to you know these fines which could be up to ,000 Dollar could really send someone into even further you know um poverty so is there a way of reducing those fines so let me just clarify that officers don't have discretion with respect to fines or the penalties that's the judge's role um so they they have discretion on whether or not to issue a ticket but then the consequence or penalty is determined by a judge with recommendations from the prosecutor and so the person's circumstances would certainly be taken into consideration and um municipal court has um has consistently done that with folks that don't have the means you know so that would be something that would be

[172:00] taken into consideration for sure yeah no thank you I think the comment I want to make is I hear everything that's been said tonight again this is new to me I have never been in a homeless situation where I'm living on the street and then I have to find food so I don't know what that looks like and I'm not a police officer who's also trying to enforce but at the same time I do find the fines and the regulation a little bit Draconian and I don't think I could vote for that tonight and I'm sure we're going to get the six votes to get it passed by emergency but I don't think I can be one of them because again I would want to know um you just mentioned people wouldn't know whether this you know we have this law because it's by emergency it would be enforced right away and when

[173:03] and it would the enforcement would start right away anyway so to me it's just yeah I can't support that tonight but I do see the value in it because again you know keeping propane away from people would protect them as well and fire safety reasons but I just think the law the regulation as well talking about possession instead of use to me it's just I am not sold on the way it's drafted and the enforcement for tonight thank you Jenny um I'll go and then Mark um I am going to support this and I'm going to support it strongly I do do not think that the propane tank is much of a question I will say that I think you know it is first and foremost our duty to do health and safety regulations on public lands that we control on private lands we make rules um and then those are often

[174:01] complaint-based but on public lands we have the responsibility for not only making the rules but for enforcing the rules so um I feel like the propane's super clear and the tents are essentially a taking of public public space they are a private party um whether unsheltered or not establishing themselves as the defao owner of that space and that's not what public spaces are for it's pretty simple um there's an enormous challenge with homelessness and that is absolutely the case and services and housing are the answer to that challenge um however having people be able to set up a tent doesn't address any of those questions doesn't add more funding doesn't you know create more beds or more rooms or more Pathways out of homelessness um I have great confidence in both our judge and our police in the following sense if we pass this tonight on emergency I think the first thing the police will do as we

[175:00] heard earlier is an education um thrust so it's not going to start with a bunch of tickets and a bunch of people being thrown in jail and getting thousand doll fines so first of all I believe that there will be that educational component and then second I think that um we essentially don't want people to be able to do what we heard happens when encampments are cleaned up which is just move somewhere else and set the same tent up in a slightly different place that's not effective at getting those folks into services in the circumstance where someone does get a citation and they end up in our municipal court system as we know and have heard from the judge herself the focus is really on um getting them into a better situation not finding them or putting them in jail so I think it is very clear that both our prosecutor and the judge will be taking that into account um I would say

[176:01] I would be shocked if anybody was getting any time in jail or a tent violation or a propane violation so I'm going to support this because I think it's one element of a multifaceted strategy to address safety in public spaces and separately as well alongside um to be able to provide services that lift people out of unsheltered situations and uh make make their situation better with shelter so with that um I've got Mark and Aaron Mark yeah two things first I I do want to agree with a comment made by Rachel um we tend to divide ourselves solely on the basis of support for the camping ban um and that is that's just wrong okay this is a an extraordinarily difficult and nuanced public policy issue uh in which nobody in any jurisdiction has come up with you

[177:02] know great answers for the problem and I think we need to spend a little more time talking to each other and not at each other just based on that position that that people take and secondly I want to agree very strongly with some of the comments that that Aaron made um this is not the end of the road uh this is not the culmination of all of our policies with respect to the unhoused population we have a lot more work to do this is simply a step that we're taking to deal with the public safety elements of the conditions in which we find ourselves and so as I said there there is just a lot more that we're going to have to do different ways we're going to have to address it but this this is to me a necessary step to address the very fundamental issue of um can our community make use of our public spaces in a safe Manner and I think that's what

[178:00] we're doing tonight thank you Mark Kon so uh Jun I thought you you raised some some great points I mean can we give some legislative direction that um we should start with a focus on um education rather than ticketing um so that folks can be you know made aware of the new regulations uh if they're not already is that sandrew is that the kind of thing that we can mention as as we pass an ordinance yeah that that could be something that um the police department could take into consideration for for sure it's not uncommon for that to happen great so I I would propose that that as uh to go along with this and the other thing that I would say would be that um I would hope that we would be very cautious about or you um that we would not be um taking people's property uh they're um taking people's tents you

[179:00] know the uh with a single violation or or or with a couple or anything like that um in many circumstances that may be the only shelter that they have and um so I I think it would be important to me that this would not be resulting in um of immediate confiscations of of tents as part of this so i' if somebody could address that I'd appreciate it Carri I see you coming up so that'd be great if you could take that yeah I'll just comment to to Aaron's question of course as I mentioned earlier confiscating tent will be our last resort we always aim for cooperation and compliance um I could foresee that happen if someone refused to leave uh then that will probably be the next logical step will be to confiscate their tent but uh and if I may I quickly address one of the questions that came up during open comment we typically get compliance even after 72 hours notice often it's not

[180:00] until officers show up that they vacate those encampments upon notice but it's been very rare that we've had to physically arrest someone for not vacating an encampment so I I foresee that would the same here um I don't under the current arrest standards we couldn't arrest someone for this violation anyway uh the most we could do would be to issue them summons and impound the tent and we would have to keep the tent as as evidence and property so it would not be um destroyed or gone forever but again that will be the last resort right so it would be retrievable then yes okay good thanks for making that clear I appreciate it okay with that I see no more hands and we have a motion and a second and this is a roll call vote so there juny yes I do have a comment I wanted to know if it's

[181:00] possible to decouple the propane and the tent vote we we have a motion in a second so I I would say that um if would be up to the motion maker as to whether they wish to decouple the two Mary what are your thoughts um not at the time not at the moment okay so we have a motion and a second and it's a roll call vote so Alicia would you please call the roll all right sir yes thank you um council member Nagel hi SW lck no no no okay wck

[182:01] hi Weaver yes Yates yes young yes Brocket Hi friend no Joseph no three four five six all right mayor we have a six yeses I'm sorry five yes one two three four five six yeses and three NOS thank you uh so the motion passes with a super majority of 2/3 and so it passes on emergency so that brings us to the end of this item where do we go next we go sir to item six which is Matters from the city manager 6A is the capital tax

[183:01] renewal item I'll ask uh Cheryl to come forward I know Cheryl and Joel Wagner are ready to present thanks niia and we're just waiting on our presentation thanks Emily uh next slide please so on our agenda tonight the majority of our presentation is going to be spent um going over the community survey results we have David flat flattery on the line from aelin strategies um to take that part of the presentation then Joel Wagner will discuss the community nonprofit feedback and then we'll go into the

[184:01] financial strategy committee recommendations and also have questions and discussion regarding ballot language that would be brought to you uh for first reading on August 3D next slide so I'm going to turn it over to David to talk about our survey results uh thank you Cheryl and thank you Council can everybody hear me okay yes okay great um hello everyone my name is David flarey um I run a firm called melan strategies we're a survey research and public opinion uh polling firm we conducted this survey from June 16th to June 30th next slide please and I'm sorry I just wanted to sure I could see it here okay let's talk about the objectives um the purpose of this survey was to measure voter support and opposition levels for extending a 3% sales tax for 15 years or up to 15 years in addition to uh putting forth uh to

[185:01] voters this November uh voter approval or rejection of a $110 million Bond measure to fund City infrastructure and nonprofit Community projects the survey also includes questions uh regarding what infrastructure projects may or may not be funded by the extension of either the sales tax or the bond measure and then we also had some questions trying to measure uh among voter opinions the importance of different categories of projects next slide please our methodology um the survey interviewed 1,999 registered voters in the city of Boulder 99% of them are likely to vote in a November election as I mentioned earlier the interviews were conducted oh excuse me this was also a bilingual survey I just want to make sure everybody understand that where respondents could take it in either English or Spanish um as I mentioned before the survey was conducted over a two-e period uh the overall margin of

[186:01] error for the questions was 2.21% at the 95% confidence interval and these results are waited to be representative of the voter turnout demographics for an ode election in Boulder Colorado they are not representative of registration next slide please I won't get into the details of this tonight um but I can assure you um if you go back and look at the voter turnout demographics from 2017 or 2019 of the voters that turned out to vote they're very similar and really do they change dramatically these uh results are weighted to those demographics so again next slide some these additional questions are you registered to vote in Boulder Colorado as I mentioned 99% and then the pi on the right hand side uh ensures that people are likely to vote 76% of respondents said they're extremely 15% very likely and so forth next slide

[187:02] please okay the survey uh folks the way we go about doing these kinds of surveys is is that we did a paraphrase of both of these potential ballot measures we do not get into extensively what may or may or may not be funded by this but we call this the uninformed ballot measure we want to know and find out these are the basics of this ballot measure that may be put forth this is the amount of sales tax this is what it would cost this is uh it would Fund in general infrastructure projects for the city and nonprofit and it would be extended for 15 years not telling you anything more would you vote Yes and approve it or would you vote no and reject it uninformed support levels for the sales tax is at 73% for the additional Bond measure and again these questions were rotated uh in addition saying to accelerate some of this uh some of these infrastructure projects we would also like to issue a bond to help accelerate uh this you know

[188:01] getting these projects going and paid for two-thirds of respondents approved of that and again in an unmeasured excuse me uninformed ballot measure these are both very very good support levels starting out we do many many of these surveys over the last 15 years voters are are 100% behind this just from telling them what's going to be paid for in general they agree that it's there and that they're like okay if that's what it's going to cost me this is a sales tax extension and then you want to bond off of that I understand infrastructure projects we need that tell me more next slide please and when I meant tell me more is we would then read to voters descriptions of particular project that may be funded next slide please and this slide demog shows what projects that may be funded and what you're seeing here is sort of a paraphrase of each of these uh infrastructure projects they were much

[189:00] more in detail that were either read to the respondent or they read the description and then we're asked knowing that this may be funded would you be more likely to approve or reject it and again what we're doing here everybody to understand is is we're putting forth things that if this is put before voters they will likely learn about this ballot measure it's simple psychology are you going to vote for this infrastructure projects tell me more what may be funded and we go down the list and this is a list right here of seven different infrastructure projects and then saying knowing this project may be funded would you support it as you can see the top of the list annual road maintenance multimode paths C critically deteriorated signal poles replacement of the Central Avenue Bridge reclaiming Boulder Creek path Corridor um re relocation reconstruction of the fire stations number two and number four and so forth what this shows folks is that voters are there and they're like that's going to be that may get paid for it

[190:01] sign me up we need that we need that we need that support is overwhelming for all of these projects and they will you know before we even get to the informed ballot test next slide please in addition to telling people uh a very detailed description of projects that may be funded we also give them general information for example the city's extending the 3% sales taxt up to 15 years rather than a shorter time period as like in years of four years or less in the past to stabilize financial planning that's why we're asking you to approve it this long um the cost of the sales tax is a $100 purchase um this sales tax will generate about1 million annually that money would be used to pay off the $110 million Bond and as you can see on the right hand side we're at 60% or higher on all of these things voters get it they're informed they want these things and they're all on board next slide

[191:01] please in addition we then asked them the informed ballot test now that I've told you about things that may be funded and why the city's considering this tell me why you would vote Yes and approve it first and foremost this tax would improve Community infrastructure your voters want this overwhelmingly they are needed and they know they need to be paid for two these are necessary and needed changes for the community three they like the nonprofit portion of it oh I like to hear that some nonprofits are going to be funded by this and then four most voters understand this this is not a new tax it's only an extension that is really huge um and again we've done over 200 of these sort of ballot measure surveys and can tell you right now an extension and it's only 3% of the sales tax voters are there and they get that it's nothing coming out of my pocket yes I understand it's an extension it would actually be a reduction either way this is not a new tax signed me up and I like what I hear next slide 21% of Voters would vote no and

[192:02] rejected and again we ask those folks please tell me why you would vote no and rejected One taxes and cost of living is too high already this is very common this is right common among seniors again let's put this in perspective this is one out of five respondents in the survey of likely voters there's a a belief out there um which is very common this sales tax would hurt the poor instead of helping um you know a sales intact extension you know hurts poor rather than wealthier folks um natural skepticism uh the lack of trust of where the money would be spent this is not uncommon folks to be very honest with you and roughly 21% of Voters have that natural reluctance or skepticism of how the money would be spent and then there's a handful of folks we put this in there at number four money should not go to nonprofits uh they should pay their own way that's a belief it is not overwhelming and please understand everyone I'm talking about 21% of all respondents so opposition is not strong

[193:02] next slide so then we compare the uninformed ballot test to the informed ballot test and again we don't have a lot of movement here the bottom line is is that if you put this extension of the sales tax for up to 15 years you will get it done voters will approve it with the assumption that they will be reasonably informed about what this sales tax will fund and how it'll work we don't see a lot of movement here voters are already there it's an extension we need these projects yes sign me up and then you have that 21 20% that are just naturally either they don't feel that they can afford it they're not going to approve any sales tax or they're just reluctant or don't trust how the money will will be spent um or they feel that a sales tax would hurt the poor but again not a lot of movement here this doesn't happen very often to be very honest with you all but look three out of four voters they're there this will pass next slide now for the bond measure supports a little bit less issuing debt creates a

[194:02] little bit more reluctance this is very typical um but again we're talking about 23ds of Voters yes I will be there I get this we understand and also from the message from the information they learned that by bonding off of this revenue from the extension of the sales tax more projects will be addressed earlier and get done so they get it it's two-thirds uh compared to uh you know 23% it's you know again this is very likely to get done next slide please in addition to those sorts of questions that we asked we also tested different extensions and Alternatives of some of these things like would you be more likely to support this if the term of the tax was reduced to 10 years rather than 15 years another variation what if we increased the percentage of dollars uh going to nonprofits from 10% to up to 15% to up to 20% and then also what if we reduce the bond authorization

[195:02] to 80 million from 110 million these are very common approaches in a situation where you know after the informed ballot test we're in the low 50s and we're not sure if it's going to get there that's rather more typical when we have a new tax or uh something that would you know raise the mill Levy this is not the case here at the end of the day while these Alternatives may increase by a few points it wasn't a dramatic move it was really just by a few and all of these because so many folks in the city and likely voters are already there they're not critical for the success of the measure so moving those numbers around or tweaking that that's really more of a poly policy question for city council the the bottom line is is that both of these ballot measures as we tested at 110 on the bond and 15 years on the3 sales tax extension should get done um so no matter which way you go your very very likely voter support will be there next slide another question to get to the end

[196:02] of our presentation here we categorized different infrastructure projects into five different groups transportation system resilience progress towards climate goals safe and prepared Boulder and understand folks there was a more detailed description of each of these categories and then we asked are these extremely important very important or somewhat important or not at all uh that get addressed the top of the list again transportation system resilience progress towards climate goals um safe and prepared Boulder um I would not suggest here that any of these are not so important or that you should remove them from the list they are all important but just to assist staff and coun so on just an idea of hey which ones are really closer to the top of the list so as we frame these questions as to say what may be formed this is how those categories landed next slide we also included an open-ended question at the very end of this survey

[197:01] in your own words please describe any infrastructure and nonprofit Community projects that you think should be the top priority and fully funded by the city and asking that question like I said we had 19 00 respondents a lot of open-ended a lot of qualitative data and what we did here is group together by words and phrases that were used uh you know to segment together and put them into categories as best we could using that sort of structure Road Street and maintenance 20% of responses bike paths and Lanes 11% of respondents infrastructure again infrastructure could also be bike paths and Lanes it could be roads but those three are kind of top of the list parks in open space affordable housing comes in at 7% public transportation climate change safety homeless fire prevention and station so again we're just trying to help advise and uh and and Report the data back in a categorical manner next slide

[198:01] please to finally wrap this up look Boulder voters do overwhelmingly support a 15-year extension of the 3% sales tax to fund these infrastructure and nonprofit Community projects 73% would vote Yes and approve the ballot measure 20% would oppose it 7% were undecided voters are there they get it they want these projects they like the idea that we don't have to raise new revenue or new taxes it's just a small extension of a sales tax they get it and and paying for the bond also makes sense to them um the bottom line is is assuming that Boulder voters come November if you refer these measures to the ballot are relatively informed and understand that we can't guarantee exactly what projects will be uh funded but that many many of these will um voters are there and in our professional opinion of doing this for 29 years they should get done and should be approved baring a a half decent well educated electorate and with

[199:02] that I'll just take questions thank you very much David Council any questions for David before we move on Bob yeah I was just concerned about the the nine-point spread between um 74% of the people that said they're in favor of the tax and like 60 some percent that said they're in favor of of the bonds I I talked to a few people who um I don't know if they took your scientific survey or just did online survey and there was a fair amount of confusion among um community members of that felt that the bonds and the tax were mutually exclusive and I guess I I guess this in the form of a question but maybe it's it's it's a it's a statement how do we ensure that um that when we present these two separate ballot measures um people understand they can vote Yes on both of them well Bob I would just say the questionnaire did include segments that said both of these would be on

[200:00] another ballot measure would be there we never said it would only be one um you know this is being considered the sales tax extension and the bond the sales tax extension if there was confusions or reluctance and I would also say if we were raising the mill levy on residential um you would see the bottom drop out from support for the bond measure so I can I can understand from folks that you've talked to in the community uh feel that you know I'm not sure everybody really understood that both of these would be on the ballot but the best I can speak to that Bob is is that we were very clear in the survey that these would both be on the ballot um and that you know we had a message test in there that you know some information that said if approved this sales tax extension is going to pay off the bond so I think people did know that um but again I said I would just say that's how the survey was designed um and from doing this very often I do believe they get that and they do

[201:00] understand that and that both of these efforts and ballot measures would be supporting infrastructure projects thanks David Cheryl and sander it's just a a cautionary tale for us as we prepare the ballot language I know they we're going to be subject to to Taber rules and we have to stay within those boundaries but just want to make it clear I there were there were certainly community members who did not understand that David as clear as you tried to be they felt that those were mutually exclusive so I want to make sure that we we put our language together we um we are clear about that thanks thank you Bob any other council members questions at this point great seeing none back to you Cheryl thank you um Emily can you pull up the presentation next Joel Wagner has a few slides on the work done with the nonprofits and and feedback we've received thanks Cheryl and thanks Emily

[202:00] for pulling that up uh as this comes up uh Council good evening Joel Wagner tax and special projects manager uh staff hosted five focus groups for representatives from n profit organizations over the past several weeks uh comments from four of those meetings were summarized in your Council memo we had one final memo uh excuse me one final meeting after the council memo was finalized and we've Incorporated that additional feedback into the next couple of slides so in total we had 21 participants Who provided valuable feedback on the proposed concept for the nonprofit component of the ballot item and I'd like to just take a moment to personally thank every representative who so generously shared their time with us uh to discuss this important component of the ballot we've broken the feedback into two general categories thoughts on the ballot item and thoughts on the grant Administration if the item passes uh many uh so the first slide is is on the ballot item uh one of the most consistent themes was that there many

[203:00] representatives Express concern that not having nonprofit organizations listed on the ballot May reduce support for the ballot item um we just saw a presentation on on where the voters are at least today uh many representatives mentioned that the campaign that was run by the ccs to nonprofits um was a major reason that the 2017 ballot item in their opinion passed with over 80% of the vote several individuals did recommend that a way that the city could ensure voter excitement without listed projects is to have a higher allocation of the nonprofits um most recommending the 20% uh and another way is to highlight the past projects funded through the first two ccs rounds to give voters an idea of what could be funded in future uh future rounds and regarding the structure of the grants most participants supported the concept of smaller grants such as planning grants or smaller Capital grants um and particularly around the

[204:00] planning to help nonprofits develop the ideas into actionable plans and projects several respondents noted that planning grants could help promote equity in the program as they could assist groups that address address the future or address the diverse needs of the community be prepared to seek Capital grants in later rounds um however some participants did highlight also the importance of Financial and organizational capacity especially to pull off the larger Capital campaigns and um suggested that the ability to raise funds to fund feasibility analysis and in capital campaign Consulting would be a key indicator of organizational Readiness for a capital project and uh several participants recommended that if we were to give smaller grants that those amounts of funds be limited uh so that large transformational Capital Investments could be made in the community and um a few respondents brought up the question about um or

[205:01] asked why about the reasoning behind renaming the tax and we're worried that removing the word culture um might negatively impact the ballot um they referenced the you know the what culture conveys as far as creating a broad sense of creating a diverse welcoming Community uh as well as supporting the Arts and other nonprofits um so participants did also recommend along these lines that um if the word resilience is used and if the name is changed that the city work to really Define it and what it means in the context of the balot and make sure uh that the name is consistent with how the broader Community SE sees um sees resilience and then uh the last point on this side perhaps unsurprisingly participants were eager to know when the funding would be available um and along with that interest however was a recommendation and that's that the city communicate one funding might be available as soon as possible so that

[206:01] organizations can begin that planning work and start getting excited about the ballot so the next slide uh so this one was a little more future looking we asked Representatives what considerations we should start taking into account if the ballot item passes uh and they provided a lot of great input here as well many participants encourag the city to set and communicate clear processes around the decision-making structure for the program and to also have clear Administration and administrative processes around this um they also recommended setting clear guidelines for the application so that applicants know what to expect during the application and award award process many recommended different levels of rigor for smaller Grant Awards if the city were to do that than for larger larger Awards and uh two points kind of along the city's Equity goals uh many representatives encourage the city to proactively engage the community to determine what the highest needs are for

[207:01] these funds and then also uh to ensure that any review body um is proactively seeking out Representatives that can provide a a broad representation of all the uh communities subc communities in Boulder making sure that underrepresented communities have a fair voice and then uh finally several participants recommended that uh the city consider including ballot language to make it clear that this fund this program will be funded from the tax that the administrative costs will be covered um and make sure that that doesn't um in any way divert from other grantmaking programs that the city is already running and that's my last slide I'm happy to take any questions thank you very much Joel Council any questions for Joel I am not seeing any Cheryl maybe we

[208:00] can go with the last part of the presentation sounds great so now I'm going to talk through um at the beginning of this process Council had requested that the Financial strategy committee come back with some recommendations and these really are based off of a lot of information and meetings and presentations that um that committee heard as well as the survey and the nonprofit uh input that we have received so the the financial strategy committee is recommending a 15-year term for this tax they feel that the number and magnitude of City infrastructure projects is so great that it gives us a little more um both flexibility and ability to to bond some of our projects for longer terms uh they they want to focus on the city capital infrastructure projects there's a little um um between

[209:02] 85 and 90% of this uh funding to go toward City projects and 10 and 15% to go to community nonprofit uh profit so there were two members of the committee that felt like 10% should go to the community nonprofits and one member who felt that 15% should go should go there and then the committee fully supported the related debt authorization measure again uh the big reason here to give us more flexibility and also recognizing that the um cost of inflation certainly for these types of projects has risen much greater G than the cost of borrowing over um the last several years next slide so we uh or the committee I should say developed a list of projects that they believe should be included in the ballot language and really these

[210:00] projects a lot of them came from the information provided at in the survey so as you saw Transportation uh seemed to be the most important from those who uh responded to the survey and then also reclaiming Boulder Creek path Corridor expansion of fire station three along with the relocation or reconstruction of fire stations 2 or four renovation of East Boulder rec center and then acquisition of street light system and conversion to LED lights I will say that that item really was put in here from the committee based on the response and the importance of climate um for our community next slide so then in addition to projects uh individual projects themselves the committee felt that project categories would be important to include in the ballot language and the definition for

[211:02] these categories really aligned with what was presented in the survey so we have transportation system resilience progress toward climate goals safe and prepared Boulder active and healthy Boulder and then Community interaction technology improvements and I will note that that last item in the survey was described as um customer service modernization and there seemed to be a little bit of confusion on what exactly that meant so uh we are proposing perhaps changing the language uh to hopefully help uh the community understand what we're talking about when we talk about this area next slide so our final slide are questions for Council uh we really want to get input that we can use to develop the ballot language that will be come coming to uh August 3D the first question do you support or or Sam actually I'm gonna

[212:02] turn it over to you uh to to leave this part sorry no no problem Cheryl thanks very much thanks for the presentation thanks for leaving the questions up that's much appreciated um so council members let's C weigh in with either questions for staff or your thoughts on the questions in front of us I have Bob and then mirbi Bob I'll just jump right keep the questions up please I'll just jump right into them um I I support a 15-year tax it sounds like the voters did as well so that's fine I would actually defer to the um recommendation of majority of the committee and go with 10% Grant pool with respect to the specific capital projects that Council would like to be included in the ballot measure I thought that the six Cheryl that you listed were good um I just want to be cognizant of the fact that um unlike the 2014 and 2017 ballot measures where we had specific Community projects and we had those folks carrying our water for us in this case we don't we

[213:00] have this kind of generic 10% that's out there and I don't know that anybody is necessarily be motivated to carry water for us and so I want to make sure that we are robust in our listing of Capital project I I want us to leave a lot of Headroom for your category 4 but I want to list some specific projects especially ones that are kind of sexy and um May generate some enthusiasm by uh constituencies in the community so I think the six that you had listed are great I would add actually three to that just to put it in perspective we had seven listed in the 2014 tax 13 listed in the 2017 tax 13 feels like a little bit much to me but I think something in the range of 6 to 10 would be good the three that I would add in addition to the six that you'd listed Cheryl would be um Advanced life saving vehicles I think there's a lot of interest around that um Pearl Street Mall refresh and the boulder Civic area phase two um especially with respect to those last two we've seen a lot of emails from downtown community members and they are

[214:01] a constituency group and I think they could help us carry this ballot measure um along and so I guess I i' in include those three that I listed in addition to the six that you listed that still adds up to only probably about $50 million out of 200 million U so it gives us a lot of Headroom I think just to round out the questions number four I think those are the right categories and uh number five I would support a 15year 110 million dollar debt authorization I know that in past years the debt authorization has been a little bit lower than the tax itself and I think as long as we're still in the safety zone that's that's probably okay to the extent we can tweak language as I said said earlier with David um to just make it really clear that these are not mutually exclusive that would be great but those are my comments thank you Bob next we have mirbi and Ain mirbi so I'll just jump on the bandwagon with Bob and support what he said except for I have a question for staff on number two um this is one thing I don't

[215:01] really I'm agnostic about I guess um whether or not it's 10 or 15% I won't support 20% but if we went with the 15% is there something specific you can give me or tell me that we would be giving up um within the six or five five whatever they were five or six items that were originally proposed um I mean would we be losing some of our ability to do Advanced life support because that's something I strongly support and so I'm just I'm trying to understand what that 5% is going to do to us so I would say that we are not not at a point where we have prioritized how we're going to fund um whatever level of funding that we get I will say that our projects far exceed um even the amount of the proposed uh um T tax that we're

[216:00] asking for so unfortunately I don't have specific questions tonight other than to say certainly it would affect the amount of projects that we can fund internally here at the city okay thanks Cheryl then I'll I guess I'll um just count me in on pretty much what Bob said then I I think I'll support the 10% and um on number two and the and the rest and I I really do support the categories that he added in um especially the advanced life support Vehicles so thank you mirb um next we've got Aaron and Rachel Aaron yeah so um I do so support the the 15-year extension um I will say on the nonprofit Grant Pool uh you know we've gotten some some requests to take this up to 20% um I I do think that the the grants that we make to the nonprofits uh can be extraordinarily valuable to our

[217:00] community some of our past ones have been really transformative uh in terms of the institutions they've helped create and in the future I think that can continue so I would definitely like to see that at the 15% level so that we can continue to provide some substantial funding to our amazing local nonprofits over the next hopefully 15 years if this if this All Passes so I would go for that level in terms of the specific infrastructure projects I guess um question question for staff I mean we're going to give you Direction tonight we're probably not going to all agree 100% And then we're going to have a public hearing right to before we finalize this so I guess my my one comment would be to say you know I'll put out some opinions other people put out others but I would like for us to retain some flexibility as we move into that public hearing uh to make the the final determination of which ones we list as permanent commitments uh so so that we're not we're not making that final decision by you throwing out some comments tonight um given that um I do I

[218:02] I think the ones that have been suggested are good um I think um like Bob's suggestion of the additional ALS units Mak sense to me as well and I guess what i' just say on on the fire uh department is that I I would like for a substantial amount of our investment from this tax go to modernizing our fire department and enabling them to add the advanced life support facilities so I guess I would I would in invite them to say like okay guys we we probably can't do everything on your list you know in the committed two projects but what would you recommend you know if we can do if we're going to put two or three on here what do you think would be the most effective in terms of getting us to our our our medium-term goals for for the department so I I just put that out as a request um before we totally finalize things but but I do want to I wouldn't really like to see a substantial amount of the committed funds go to the fire department um and

[219:01] then we I think having the transportation system in there is one of the items is really good um I think the transportation maintenance is important but we did see that improving um the safety and capacity of our transportation system was very highly rated by our residents so I just wonder how we craft that that maybe there's one bullet point for uh maintenance you know keeping the roads in better shape which everybody loves to complain about potholes right so I think that's important and also people would appreciate and maybe another one about um that something like on the order of you know targeted Improvement to um to our our transportation system to improve safety and um and traffic well moving that traffic flow but capacity to move people through the through the town um and then I I agree with Bob as well that I think the the downtown business owners have made a

[220:00] a great pae about the Merit of a downtown Pearl Street Mall refresh and uh and we've also been talking about the second half of the Central Park for so many years it would be great to see that moving forward as well so I think those would be great projects to include too and then yes on four and yes on five of the debt authorization thanks thank you Erin um Rachel I have a couple questions um first if if it sounds like the most of us are going with the 15-year T tax extension which I will support as well so I'm just wondering as that applies to number two it I think a little bit gets um maybe at the same thing mirabi was asking what how much money does that translate to between the percentages like how many how many millions are between 10 and 15% at a 15year tax extension can anybody ballpark

[221:02] that and does the question make sense maybe it's to Cheryl and and I know it's in our back pocket slides I Cara do you have that um Carl Skinner assistant Finance director do you have that information readily available the difference between 10 and 15 for the nonprofit so this is car skanner can you hear me yes okay so U we have a current estimate um for a 15-year tax of total revenue of up to 200 million so um 10% of that would be 20 million so half of that would be 10 million so the so 5% is $10 million how I did my math I hope I did it right all right so an extra 10 million for the nonprofits corre grants if we over the life of the tax yeah and and it would be 20 million if we did the 20% over

[222:00] 10% 20 extra million 20 versus 40 I'm questioning my math you got math between 10 and 20% is $20 million corre so every 5% is 10 million 10 million okay great thank you um so I uh and then just one other question have we looked at all into sort of um like leveraging funds that we will be looking at I I had asked last time we talked about this about um you know state and federal dollars that would be coming down and I saw there was some arpa information um in the packet which I appreciated um but given that we're not going to be able to fund everything we need to fund right now can we prioritize things that we might be able to tap additional like matching or leveraged dollars for if that's a possibility or likely so um when I talked to Erica from Transportation she

[223:00] did not feel like the the projects that were listed under this tax would be eligible for federal funds but certainly as we move forward in Prior prioritizing and and um our list of projects we'll definitely look for areas where we can leverage um hopefully leverage funds in any way again because we're not going to be able to fund all of them so there will be some you know essentially winners and losers on the list unfortunately um and if if we can get kind of potentially twice as many winners on the list from leveraging money that's not always available but we're at this you know sort of odd time in the world where um there there is a lot of of um infrastructure funding and I don't know how much of that is requires cities to match and things like that and also climate resiliency funds so just I guess I couldn't tell from the packet like how much would we need to line that up ahead of the vote or or would just sort of be

[224:01] potential after do we need to consider that as we're weighing in on three and four so I think it would be something we'd be looking at after right now because we're talking more about maintenance and and not new projects again um transportation does not feel like given the current infrastructure funding they receive that these would fall in those categories but certainly if if new bills are passed um that may change so we definitely um will keep an eye on it but I don't think it's something right now that's applicable prior to getting this uh ballot language together okay all right I appreciate that um so for number two I would go with the 15% um three and four agree with most of what has been already um stated five I would go with the 110 million um my only my only concern on um number three and

[225:03] this specific projects is um you know I I worry when we um hear a lot from from groups and and make our decisions based on sort of who's emailed us because um there are other projects where where people aren't going to have the the wherewithal or the access to send out those sorts of emails and I I wouldn't want to prioritize based on you know something that feels a bit inequitable so have concern about that but otherwise um tend to agree with the direction we're going thank you Rachel um I'll jump in here I see no other hands meby I see your hand still up is that old or is that new okay thanks all right so Al go and then Mark and juny um I'm pretty much gonna reprise Bob on this one as well I think 15year tax extension I think 10%

[226:01] for the nonprofit pool I think the list of items that Bob put out with the exception of one I have a question about but I'll come back to I think for I think having the categories is good to help people understand how we're fitting different um areas into our overall goals so I I think how we um categorize these and present them to the community will be important and I support in number five the $110 million um ballot question for debt authorization so my only um poten caveat is a little bit I think along the lines of what Rachel was pointing out we've received requests from downtown for commitment of $12 million in funding and I can totally support um signing up for the Pearl Street refresh because I think that's really important The Visitors Center the bathrooms like I think that is that is a good thing that we know how

[227:01] to do now the only thing I have a questioned about in the project list is the um Civic area phase too that involves a serious amount of like Community input on what we're going to put at the East book end and so one problem I have with going ahead and committing funding and saying we're going to do it is I don't know that we have a vision yet for what that looks like I don't like I know that we've talked about buildings and farmers markets and cultural event centers and all kinds of stuff it doesn't feel well formed enough for me to want to sign up to it so I would personally want to list the Pearl Street refresh and put the Civic area into the bucket of once we figure it out we'll see how it fits into the overall budget that's my only caveat otherwise I agree with everything Bob put out there and I think the advanced life support system um being included will help raise awareness of what the current situation is and encourage

[228:01] people to want like Aon said you know an upgrade to the services that our fire service can provide so pretty much what Bob said with the exception of I'd like to take a closer look at what we mean um with the downtown funding and with that I'll go to Mark and then juny Mark and do you mind if I col me on that not at all go for it um and and this is more of a not a response more of a question for probably for Ally maybe when um we come back and and make our final decisions on August 3r Ally could present what that Civic area phe 2 is I don't think it's the East bookend I think it's limited to Central Park I don't think it goes um east of 13th Street but and Ellie doesn't have to respond tonight but maybe Allie or somebody could respond on August 3rd about what exactly that is I think there is a plan for Central Park but I do agree with you Sam I don't think there is a plan yet for the east book end great we'll have that conversation I appreciate that comment Bob and let's have that conversation after we hear

[229:00] from uh the community maybe they'll have comments on that as well okay Mark and then juny Mark yeah um obviously I was a member of the Financial Services committee but I'm I'm giving my personal comments at this point um I support the 15-year tax extension um I support the 10% Grant to nonprofits the reason for that is is certainly not animous towards our nonprofit Community but this is our big um crack at the Apple and uh it seems to me that either we're going to be uh sufficiently serious about funding our infrastructure needs of which I I think at the last count we had un unfunded needs of $295 million I think that was down from 306 but it's still more than twice what we're going to raise um through this initiative

[230:00] and that that $10 million for the additional 5% could fund uh our it upgrades uh we might do that anyway but just in terms of order of magnitude you know it would fund our it upgrades and more and so I would like to capture more money for the um infrastructure that we really do need um because we're not going to be doing this again anytime soon and um I I just think those things are are necessary and we need to be very serious about the manner in which we provide for infrastructure funding um I am fine with um uh the the projects we've identified tonight I I share Sam's concern if if Ali has a plan and we can look at that plan on in August uh I might um drop my reservation to uh the Central Park or the uh the Central Park

[231:00] area I definitely would like to include the uh the mall refresh um but if we have a plan um I I might go for both um yes on four uh and $110 million on five um so that is my point of view thank you great I think you covered it Mark uh juny and then Adam juny all righty I number one 15 like everyone else number two I was one of the members who supported the 15 years I mean the 15% and part of the reasons why I supported 15% you know from hearing from community members we get to send someone at 20% and also even in the memo it's mentioned that you know the nonprofits as well were hoping for 20% and I thought 15%

[232:01] was a happy medium but also part of it is that as was mentioned tonight that 5% is about $5 million I believe that $5 million will have definitely a greater impact for nonprofit than it will have for the city's infrastructure no matter where you put it in the city um also again I think nonprofits they are the first line of defense when it comes to providing Services they reach part of the population that we as a city cannot reach so I think it's very important to uh to fund them and fund them properly as well fund them so that they are effective also there is on page 203 and I think that really simit how I feel about the 15% on page 203 of our MMO when you know the question about the type of project or at least you know the

[233:00] question that was asked during the discussion with nonprofits you know there were two I guess there were FK in the road you know some nonprofits say something they wanted transformational projects and some wanted smaller capital projects and to me when we fund things a little not as much let's say with $10 million we might be able to fund the smaller ones and fund a fund a bunch of little projects but with 15 Millions maybe we can do a hybrid we can do both we can fund small projects and big projects at the same time it doesn't have to be one or the other so I thought the $15 million as I mentioned again was really the best way to support the community that is supporting the people that we cannot reach as a council and again I know $10 million is a lot of money for some people they thinking but the extra $5 million will have a greater impact as I mentioned for nonprofits

[234:01] than it will have on CD infrastructure um for number three it's a yes yes number four I agree with some of the comments that were made to add ALS units the boulder downtown refresh I think that's a great idea as well um number five 110 Millions um I hope you know I I'd wish that the council would reconsider and give 15 Millions as opposed to the 10% but you know I I I I get it but um providing support to non more support to nonprofit is actually benefiting us as a council and that's my point for tonight thank you jimnie Adam thanks Sam um I pretty much agree with where Sam is

[235:01] at too um 15 years for sure uh I lean towards the 10% simply because because the list is so long of infrastructure needs and it really isn't something that can be ignored because the whole city will suffer if we have you know if we're ill prepared for major major things that could come whether that be a flood or um an IT security issue we seen a neighbor City suffered from an IT security issue and they lost a lot of money because of that so um preparation May matter a whole lot more uh if we want to save our money in the long run um for the sake of maybe finding a compromise between the two groups here maybe we could go to like 12 or something 12% but uh that's that's just throwing that out there is trying to get nine people behind one thing

[236:00] instead of six um yes on three uh four is fine as well and definitely 110 um and I will also point out the Pearl Street refres refresh and the ALS would be very good additions to three thank you Adam and Mary I think you'll close us out on this yeah first of all I W to thank staff for doing a and and our consultant for doing a fine job on the statistically valid survey which is something that our community always seems to ask for in um anything that we do and this time we did it and um it clearly showed that um there's support I was particularly taken by the fact that the uninform piece of it was showed such high support um so I um and I also want to

[237:03] thank um staff for all of the time they took with the committee um on the presentations we spent a lot of time on presentations on discussions and really hammering out lots of details um one of the details has to do with item number two um which is the 10 15 or 20 um two of us on the committee supported the 10% and my rationale behind supporting the 10% which is $20 million each 5% increment as um Cara said is an additional 10 million um so it's either 20 million 30 million or 40 million to nonprofits um so the one of the discussions that we've had is how the grant making would occur for um the for the nonprofits and um the to me

[238:01] the planning grants are really really critical to um providing a more equitable approach to smaller nonprofits um the the capital the you know the seven figure kind of Grant making really favors organizations that can that c have development directors that know the game um that likely already benefit from other streams of money for example the scfd the science and cultural facilities um district and so um the smaller ones usually aren't about buildings smaller nonprofits um need you know a few thousand dollars to be able to write a grant asking for new computers for example many smaller nonprofits that is their Capital need um the other thing that I will say is many of the smaller nonprofits that provide services to the

[239:01] community um aren't necessarily in need of um large Capital grants for a building usually um they are providing services that are more on the line of operating um and there are other um funding streams for those operating costs which are for example um the sugar sweet and beverage tax the Human Services um fund um and the um Arts commission which provides lots and lots of Grants to really small organizations um so for all of those reasons I think that um you know another $10 million for City projects is really really critical and the community has shown and in a statistically valid way that they support the the infrastructure they see the need so um so that's why 10% and then um yes um the specific

[240:03] um projects included and um I would be open to the suggest questions um that Bob suggested and um with the caveat of the of of getting more information on the um um the East bookend um the West bookend or the the creek at the core was the second infrastructure um or the second CCS which was on the order of $8 million so um just saying and um let's see the categories are um obviously we recommended that and um the $10 million debt um is what I I support it and U recommend it as part as a Committee Member I will say one thing about the $110 million um debt um the ballot

[241:00] language kind of to Bob's Point um I had some conversations with folks that who um didn't understand why we would Bond they didn't want to borrow money and um once it was clarified that the reason to do that is because of the cost escalation of um doing projects far outweighed the cost of borrowing they got it and so if we can somehow um include that in the ballot language I think that would go a long way to um gaining support so um that's all I have and my gratitude to everyone who worked on this and did such a fine job thank you thank you Mary um so a couple of quick things first I want to cqu on what Mary said about thank you um this was an excellent presentation we had not only the information from the survey but we had some Clear Choices and the questions

[242:00] to council and some good definition of what that means as well as um the analysis of all the individual projects so I also want to Echo the thank you and this was really excellent work um I will attempt to synthesize what I heard I think everyone supported a 15year tax um most folks like the project list would like to add some Bob gave the ones to add I think we have questions and we want to come back to um more information about what the Civic area portion uh would look like but it sounded like everyone was supportive of the mall refresh um I think everyone liked the categories the five project categories and thinks that we should list those with the projects that are in them and then I think everyone landed on $110 million of bonding so on the bonding subject I I heard from Nua during this conversation from Joel Wagner that in

[243:01] 2017 82% um supported the vote at the vote 82% supported passing the tax in 2017 72% supported the bonding in 2017 so interestingly that's a 10-point gap which is exactly what our survey showed so there's a good question is that because of the way we communicated or is that because of people's aversion to debt so I think we need to try and answer that question because it would be great if we made sure that both of these pass together so I just wanted to provide that comment we saw that in 2017 as well that gap between bonding support and the tax support and then I guess the um last thing I'll say in our in synthesis is we did have six people support 10% and three council members support 15% in the nonprofit pool um I so I'll say that and that's the summary Adam

[244:01] mentioned and I agree that we don't have to pick 10 or 15 those are not magic numbers should we choose to we could go somewhere in between there I don't think we need to decide that tonight I think maybe after we have um public hearing at first reading we can return to that question but we know it will be in the range 10 to 15% and clearly the inclination of council is to reserve more money for infrastructure projects so um Cheryl I'll turn to you and Nua and ask did you get what you needed from us or do you have any more questions I'll see if what I needed thank you very much for all your feedback great and I was just going to defer to you Cheryl if you needed anything specific but more importantly I wanted to Echo what council has already said which is this has been a big lift for finance and I just appreciate all their work moving forward there are a lot of needs in community and in the city and these are hard decisions to make so just appreciate Council too for giving us your feedback as we move on

[245:02] this very good thank you both and juny I see your hand up again well just to Echo everything that's been said earlier by noria um and and you too is that thank you for all the work that you've done with your team Cheryl and Cara um it's really been a lot of work and I've seen it and I appreciate just in gratitude so thank you thank you juny okay with that I believe we're done with this item and we are ready to move on to the next one all right sir next we have item eight Matters from the mayor and members of council 8A is a resolution concerning recent events related to the boulder Reservoir and nura I guess I'll turn to

[246:02] you and or Ally who would like to take this I think I'll I'll um I'll give Ally an opportunity to talk about it but I'll say that this was an incredibly difficult conversation coming new to this community I know that there was a lot of conversation previously with residents and a lot of work to get to this point um and just want to appreciate Ali and her team it has been a really difficult time as we have um you know whenever we find difficult issues like this where we don't always uh agree and we have differences in community the manner in which you express those differences matters and this has been a really difficult time for Park so just wanted to commend Ally and her team as we move forward uh with this particular project but Ally I'll let you talk a little bit about the background certainly and we have kept uh members of council apprised of this really beginning um Council approved the

[247:00] lease in February of 2020 and uh started really talking and updating Council in February of this year when we started engaging with neighbors of nearby Waterstone and Valhalla neighborhoods expressing concerns about safety and about sound and about just the potential for increased visitation to the reservoir and so I'll I'll skim more lightly over the details of that because I know members of council some of you supported our neighbor meetings which we appreciated and some of you shared questions with me and really your input shaped the operational plan that that we had hoped to implement this summer um when the liquor license was withdrawn in February in response to concerns and really overwhelming feedback from the neighbors that they did not feel needs and desires for a restaurant with a liquor license in their neighborhood um our partners uh Josh and Kate Diner and Chef Daniel Asher they withdrew the liquor license to say let's let's take a

[248:01] year without a liquor license and um demonstrate that we can operate this per the vision of the 2017 concept plan and without impacting the neighbors and and I want to take a moment to um appreciate out loud those partners because they too have been in this incredibly hard conversation they have listened hard to the neighbors and even though I know some do not feel like that their concerns have been addressed um we have been listening to them and trying hard to develop reasonable Solutions and Josh and Kate Diner have been in this and they could have easily walked away months ago given um given the way they've been treated given the threats to their business um including other businesses and so I just I want to appreciate them so um when the liquor license was drawn in February uh drift wind they said you know what we'll do some dinners on the beach this summer we'll partner with nonprofits people want to gather um this is a special

[249:00] event liquor license is are very normal process they happen at the boulder Reservoir every summer as part of events such as the upcoming half Iron Man will have a beer garden um and happened as a normal course of operations it's not a workaround it is a is it a system that was used to demonstrate this um the beverage licensing Authority has uh approval for those special event liquor licenses and there was a hearing as I think one of your comments noted they listened hard to the neighbors concerned they asked a lot of questions of The Operators and the nonprofits um they asked questions of Boulder police with whom the partners had consulted and gotten information to make the event um better based on feedback and at the end of the day um the four members of the bla did approve all six special event liquor licenses and then I think there's more information in your packet in the prabs resolution you can see that there were um emails sent to the eight um the six nonprofits who had their permits

[250:01] approved and the the words in those emails I did see one of them said that um and I'll just I can pull it up but basically said that um the attendees of these events would be photographed they if they had a drink and then got in a car they would call the police on them they would protest with bullhorns at these events and so while certainly some of those activities are are protected by the First Amendment they're not really um an inviting place for a nonprofit to gather and raise funds and so the events were cancelled and um recognizing that that we have to figure out this conversation but not subject our nonprofits and certainly our community members to this type of atmosphere and um certainly here for more questions there is so much more to say and talk about this but I I know many of you have been in the loop I have appreciated your questions I have appreciated your input

[251:01] it has made the program better and the operations better but I'll pause there for questions or anything Council wants thank you so much Ally and I want to Echo what nura said at the beginning um appreciate both the work that our Parks um staff have done that our partners our vendor Partners have done um we have tried I believe as an organization to listen very hard to reasonable concerns um but sometimes concerns move beyond the realm of reasonability so um with that if there's any questions Council Now's the Time Rachel and then um I guess I'm wondering uh I don't know if this is to Ally or Sandra but um we have a lot of places where we do have drinks you know on site and and I think at like when I go to chiaka for the dining hall like I

[252:02] don't know how that that is the the legal setup works exactly and I don't know how it worked at the golf course and and with the accessory use issue like how how those are differently set up maybe um I guess I I'm just trying to understand is there a simple way that we can um clarify um something like that make a a change um because I can I can understand why pra did a resolution but we have you know some additional authority to make changes if we need to to simplify um the the situation so I just wanted to get clar clarification on why it works other places seemingly you know easily um and and if we need to make changes what what what would be recommended here's my understanding um so the examples you mentioned shiaka Flats Golf Course Boulder Reservoir they're all public zoned restaurants are

[253:00] allowed and a hotel beverage liquor license is allowed and there that would be authorized through the bla um so all of those things are allowed on public um and I'll let Sandra timed in here there is the opportunity to make just a restaurant an allowable use in the public Zone and then it would eliminate any questions about accessory use ancillary use and again spice of life is a is a great example it it operated um for years similar conditions in which we we are intending to operate out at the reservoir and I'll pause there and see if our attorney wants to add any other CLI clarification Allie I think you did a great job summarizing the legal issues and and really is um I think those are great examples that you brought up Rachel because they are exactly the same situation and I guess the differenes is that we have um a vocal group of folks that are uh you know upset or uh not happy with the way

[254:03] things are being run but essentially they are the same um versions of that um situation and um and yeah I think that if we made wanted to make it absolutely clear uh I don't think that there's anything that we've done um contrary to our zoning Authority or anything like that you know but if we wanted to make it crystal clear that it was a a allowed use by right in that zone property in public Zone excuse me um that could be some a change that we could make and um can just a couple clarifying questions how how difficult would that be how much staff work or how heavy of a lift and is there any is there any um you know reason we wouldn't want to have restaurants be included in I think it was Parks Zone z may I cqu on this please so thank

[255:03] you oh sorry go ahead Mary no I you know um talking about um making it um an allowed use um you know we are doing that use table project which is currently on hold and to go to um having a restaurant be in allowed use you know would probably require some um staff time and Analysis so is it something that could be done as part of the use table project which is already going on anyway um as soon as it restarts sorry I'm I was on mute I would like to defer to Jacob if he's available he's here I can see him Jacob good evening mayor Weaver members of council yes um here and and thank you

[256:01] for the question so um the answer is that uh whatever is the will of coun we could look at the issue just specifically looking at adding restaurants as a use to public zoning is something that would require some work but it's not a heavy lift and it's something that we could assess very quickly so I would get with my zoning staff and it's something that we could move forward with relative ease it could also be folded into the much more comprehensive used tables work yes we would perform some analysis the last thing I'll say is that the use tables work is very comprehensive and it involves significant staff time however isolating just the restaurant use within public zoning is not a heavy lift and it's something that we could do um on a much shorter time frame if that's something that Council would like us to do so we're happy to take happy to take Direction I just had a clarifying question is it is it within public or Park zoning or is that this is that not

[257:01] is that a different the same thing it's only public right Jacob that's correct it's public zoning okay and my my followup question is um would we want to make it a allowed use or a permitted use would we like restaurants to be uh permitted in the public zone or would we want them to be by right thank you Sam in a way that's a question for Council it's a little bit of a policy decision um but it seems to me as if it would be uh the safer bet would be to not make it a by right use right so it would it would involve a certain level of review in order to enable it um but again that's something that we could study and advise if that's what you'd like us to do thank you and so I want to go back up the stack so Mary did that cover your colloquy yes it did thank you and then Rachel did you have any other questions or comments well just I'm sorry to be

[258:01] dense on this zoning issue but if we were to change the zoning is there a way to do it you just very simply that applies to you know essentially Park areas within the public I guess like that that it's just not going to be a a wide um spread change if there's any concern to that I don't know how big of a deal it is to add restaurants into this category or or how you know without doing it with the whole use table review is there a way to really limit it um thank you for the question Rachel um I'll be just very straightforward the addition of restaurants into the public zoning is as simple as adding a letter into the use table it is it is a very minor technical Amendment to the Ed table so the actual process to add that is simple and it would apply to publicly

[259:00] zoned properties throughout the city isolating it only to our Parks is a question that I'd have to research sech in more depth with my zoning staff if that's what you're asking specifically I'd have to look into more depth about that but amending the use table to add that is very simple to do okay thanks thank you Rachel then we've got Mary and Mark Mary yeah um thank you I believe Bob asked for this item and so I I want to thank Bob for adding this um agenda item and um I you know I just want to say that this um restaurant went the whole thing went through a very long and extensive public process with um with feedback all along the way which was pretty much outlined in the prab resolution and um and along the way I

[260:02] believe um concessions were made and what what I am seeing here is um folks that don't want the restaurant and um short of that there there is no no other no compromise to be made even though there have been many many many concessions made to accommodate many of their comments and so um so I you know I it's it's a difficult situation but I do support very much what um the prab said I I support all of staff's efforts and um and I support our partners um I did have an opportunity to see um a couple of the emails and you know I'm just going to read to my colleagues what that those emails said I know that you

[261:01] know it is really you can't um I don't want to um indict anybody for sending the email but I think that the rest of my colleagues should know what the email said um I will read from one of the emails at the end of the the email that was sent um if not many neighbors if not okay I'll start with the the two paragraphs below my neighborhood and I are requesting that your organization and your events earlier than planned and make last call 30 p.m. or even better if you could choose a different location if not many neighbors plan on attending the events and watching for people drinking and getting into a car to drive and we will be taking license plates and phoning them into the Sheriff's Office to report the neighborhood has also discussed Pro protesting outside the events with

[262:01] bullhorns so just wanted to let you know we are serious about these late night events disrupting our lives and the wildlife surrounding um so I just wanted to read that too because you know some of the concessions that have been made are around the the noise special equipment was purchased to um to reduce the noise at the the reservoir and to um not disrupt either Wildlife or um the neighbors and you know know and to still be saying that it's going to be disruptive is to um disregard all the efforts that have been made and so it's a difficult situation um and um the restaurant is clearly something that was brought through a public process that was supported by the community and um and we need to work

[263:03] together on um ping through on on what the community supported so um and and i would support um adding the looking at the um allowed use um restaurants as an allowed use in the public Zone um and as I think as Sam suggested to make it a permitted use or maybe make it a um allowed with use review something like that um but um but yeah to still have a little bit of a guardrail on it um so that would be something that I would support thank you Mary then we've got Mark and Bob and Aon Mark yeah I I have a excuse me a couple of questions for Ally um that email that was referenced was obviously thoroughly unacceptable in so many ways um do we have much

[264:00] indication as to whether or not that is one person who is in appropriate improper and intemperate or do we have indication that that is a CommunityWide sentiment I want to treat people fairly if that is just one person um doing you flying off the handle and and being outrageous uh it calls for one kind of response uh if that's the sentiments of a large group it warrants a different kind of response so can you tell me how you you know what your experience has been and and to what extent that email represents uh many people I'm gonna try and stick to facts and not have any um I'm not sure the right there's a legal word for what I don't want to do I don't want to you know make things up for people here here's what I know in

[265:01] response to the coverage I have heard from um people across the Comm and neighbors who do not agree with that message or approach and and find it find it reprehensible and including neighbors of you Valhalla um and so I do not think that person speaks for you know many many people what I am unclear is I know that there are you know folks in these neighborhood who are coordinating and you know working together to try and um affect change on this and then there are others that are not and I know um I do know and have heard from Neighbors who are very uncomfortable expressing their support for the restaurant and our work because of the way they have been treated okay that's a that's a fair and good response and and can you refresh my recollection on something I I I just don't remember uh I know the lease provided for 12 a as a stop time um but my recollection was that we had an

[266:02] earlier time for restaurant activities 00 correct and Mark you're you're remembering along the right lines so for a liquor license your applications for the liquor license and Lease have to have to indicate the maximum allowable which says midnight because the restaurant is the operations agreement that we came to for this year closes Monday through Thursday at 900 pm and that means I want to clarify incoming Gates will still close it means you come off the water at 8 o'clock and you sit down for dinner you you can enjoy your dinner and have it Friday Saturday the midnight is then if they ever had anything even till if wheat said 10 o'clock and then they have 15 they would be in violation of their liquor license and potentially have that one removed as well as at other businesses so the Min the midnight was a maximum allowable and I I I'm really grateful for that question because it's an area that continues to be um we just can't

[267:03] agree on facts on this for some reason and we know we've tried to clarify that our intentions are this is not a late night Rave town right even Pearl Street 30 most nights of the week it's there's nothing happening so functionally it has nothing to do with the the 12 o'clock stop time it's it's functionally something earlier the the dinners on the beach 30 okay um all right thank you and and my one comment is I would support Mary's suggestion um with respect to perhaps a permitted or you know other guard rail uh with respect to changing use I I I wouldn't want this one difficult situation to necessarily change the entire way in which we view public lands in Boulder I think there are more precise ways of getting at it

[268:00] uh which I would support and and um I am supportive of Mary's suggestion on that um okay thank you that's all I got thank you Mark can I just add one thing one comment in response to to Mark's question and and just to to be very clear that um staff has not made any um investigation into these emails we don't we haven't corroborated who they they've come from there obviously were sent by somebody that was interested in this particular issue but just to be very clear there has been no no uh determination or verification of the emails these were just reported and received by the folks um that we indicated earlier thank you Sandra um Bob Aon and Rachel Bob thanks Sam um Ellie I'm GNA ask you a series of just kind of really short yes or no questions so the the um the

[269:02] resz opened uh to public Bing about 1956 is that right 55 believe 1955 was the first summer great thanks a lot and um the idea of of upgrading the the beach and the the facility there dated back to about 2009 is that correct correct and then and then a few years later there was a um a reservoir master plan developed I think around 2012 is that right that is accurate right and our our annual visors are up to about 300,000 is that right correct yeah and then um so after the master plan was developed in 2012 The Parks Board and the staff worked on kind of a design and you guys pulled that design together more or less around 2017 after number of public hearings is that right it was accepted in January of 2017 so developed mostly through 2016 great thanks then you issued it um a year or two later you used an RFQ to find a a restaurant tour to run the facilities that right correct great great and then

[270:01] you guys chose Josh D Diner and and of river and woods in Tio to to actually run that is that right yes it is yeah and then we did a a lease which I think was early was approved by crab and then ultimately by Council earlier this year is that right earlier in 2020 okay great thanks want to get my facts right and then um there was a um a a fundraiser for intercambio that was going to be held in May I think it was even before the restaurant was opened um and what ended up happening to that that happened they had a drive in I was in attendance as were many members of our community they raised $100,000 for their their cause um and it went off it was so if you're talking about the the drive-in that happened I wonder if you're wondering about an I have a dream event that happened well go ahead and I was just gonna go there go go go to that next oh I was just say there was also there has been one private event um a fundraiser and donor recognition event for the I

[271:01] Have a Dream Foundation it was a private event and then number six events scheduled for July like two two sets of three events per back-to-back weekend is that right yes those are the ones that ended up getting canceled is that right correct and they they gotten their special liquor license from the bla but then um due to some Community pressure they ended up either they or Josh or both of them ended up canceling them was that right correct okay that's great that's great um I think that's all I have the only other question I'd ask you Ally is um you know we're not going to take any action tonight I think the we can take action is August 3rd we have um what I seems to me a pretty well written um prab resolution is there anything in that resolution that's either inaccurate or part two of the question that you'd like us to say more in other words you want to if if we were to just simply adopt that resolution and endorse it show our support for prab and for staff would would that be sufficient or are there things you'd like to see

[272:00] changed um I it's a five-page document so I'd want to read it that's that's a really good question I'd want to read it carefully and get back to you um off off the cuff I can tell you you know the board um I do think they did a very good job of summarizing the facts and the whereas and the and then in their um their recommended actions I'd like to think about that and get back to you Bob if that's we've got a lot of time we've got two or three weeks so just let us know leading up to August 3 when I think we would take action and and I think there's two types of action um this resolution or something like it and then secondly is as Rachel has already said um perhaps considering and this what doesn't have to have an August 3rd but at least providing instruction to Jacob for the permitted use of restaurants as an accessory use in in public space great thanks Alie that's all I had thank you Bob um Aaron and then Rachel and then Alo Aaron yeah I appreciate

[273:00] what everybody's said so far Mary and uh Mary thanks for that background and and the the email um and I thought you did a good recap of all the steps that have been taken there so I I was very disappointed that the those events had to be cancelled those are nonprofits that do really important work in our community um and it would have been a love they would have been lovely events for their supporters and they would have raised some much needed money by some important local nonprofits so it's very disappointing by that um and so I would like to um take up crab's resolution you when we can Ali I look forward to your feedback and if you see any problematic in there please let us know uh but I do think that the the the function of that restaurant at the reservoir can be a perfectly reasonable neighbor for folks who live not too far away I think like the sound mitigation methods that you all have taken uh I think were really great like buying special equipment to be able to track it in real time um I think that's really good right so I

[274:00] think we're showing that we're working hard to be a good neighbor and I think that process should continue Contin so I certainly support that effort um I do like the idea of changing the zoning code to make uh a restaurant and allowed use in the public Zone you know it could either be with an administrative review or use review with a discretionary review process um and I would I would do it just as a targeted thing we could you know probably do that in in an hour some some evening with public here yeah that's optimistic nothing's ever that simple but um but I think it would be pretty doable so I I think it'd be good to approach that because we do have other instances like you pointed out like that we used to have at the golf course and like we do at shiaka where a restaurant uh is is a is a wonderful amenity for the community as part of a another a larger public facility so uh look forward to helping get this back on track thanks thank you Ain Rachel and

[275:00] then I'll go Rachel uh thanks so I think would actually just forgo the resolution because we've all made it pretty clear that we support staff and are pretty disappointed in what's happening out there and I don't think that's necessary for us to do given that we um yeah we do have the power to to act in in I think more meaningful ways to to help with this situation so I think um we've all we could maybe invite other council members who haven't had a chance to weigh in if they wanted to but I just don't see what a resolution from us really adds to the situation so I would skip that I uh endorse everything that my colleagues have said um to to Ally about the the um respect and support we have for you and the work that you're doing there and your team um and then I would just move forward with adding R to the P Zone if I'm getting that right um and I would not roll it into the the

[276:01] bigger use review project because we don't you know we've already stalled out we don't really know how long that would take and I think it would be ideal to have this Council get it done if we can because we're all up to speed on this issue and and who knows what happens after that so if that's feasible um that's what I would want to do and then I guess I just want to reiterate something I said earlier tonight which is that we don't have to have or feel like winners and losers on every issue in this city and I don't know why that's happening or or what what needs to be um tweaked so that that's not the outcome but you the the reservoir neighbors were heard and were listened to and we have you know Ali and staff and um the boards have listened I think hard and and made improvements that were meaningful and so um stopping something isn't always like the the wind that needs to happen we can get to compromises and and better and good enough in this community and and um

[277:01] it's just frustrating to me that on on a number of is isues recently we are here um so I would I don't know what we can do as council members to help with that but I would encourage us to work through that thank you Rachel so I will attempt to wrap this up a little bit um I I kind of disagree with one point you made Rachel which is I would like to support the prab resolution I think they did a very nice job with it and what I was going to suggest that we do is we bring It Forward on consent as a declaration not a resolution because we'll have to resolution is much more significant Council action so I would suggest that we take the prab language make it into a declaration take Ali's input if we want to make any changes Ally if you have suggestions that might be helpful but we could bring It Forward on um consent on the third take five minutes speak to it and anything that Ali has changed and then I think it's important to have

[278:00] elected leaders say what prab said I mean I appreciate that they did this and I think we owe it to them and to be clear with our community um that I think everything that the prab resolution says as far as actions I think all of us would would heartily agree with so that's one suggestion I'll bring forward the other is I think I've heard clear consensus on Council that we want to move ahead with um making restaurants a allowed use in the P zoning and that we'd like that to have some kind of guard rail such as a use review either um administrative or through one of our boards so um I would let staff figure out perhaps what the best way to do that is and come back to us but I agree maybe it's an hour errand maybe it's an hour and 15 minutes but I think in relatively short order we could um take up a very limited um ordinance and then make that happen so um I guess I'll take a straw

[279:03] poll do folks generally agree that we should um Advance the prab resolution um so if you disagree raise your hand and I'll count Rachel doesn't want to move ahead okay I I think let's move ahead with that on consent let's bring it forward as it is and any suggestions Ally that you have I think we should incorporate you have a question I don't have a a question I do want to say one thing because I know some of our neighbors are listening and um I I want to say that you know I don't know what it looks like to move on and repair from this but we are neighbors and we are committed you know Aaron made a comment about continuing we we have made commitments about being a good neighbor around mitigating sound around mitigating and we will be doing that and I also just I agree with Rachel there is something to to learn or do differently because getting to this place it it has not been fun for us and our team and I know that I I know that the neighbors

[280:01] have not enjoyed it either you know some of them have shared for with me that this has been distressful for them and so I guess I just I I wanted to grab the mic for a moment just to say that that I agree and we have to figure out how to have better conversations thank you and I would just point out about the resolution almost everything it says is positive it's not condemning anyone or anything like that it's a totally positive and supportive resolution so I would hope that it could be part of that healing process alley mby yes I just didn't weigh in really and as usual I tend to support the neighborhood um which is always on the losing side as Rachel likes to say I get what you're saying Rachel but I think the reason all the neighbors and so many of these cases from marpa house to Gun Barrel to all over the city uh is because they constantly don't feel like they're being heard and I I think that the

[281:00] prab resolution could be a step so I'm willing to look at it on the third um and have it maybe be a test I appreciate what's been done with the the noise but again it's the quality of life it's the fact that that wasn't originally there when these people purchased and so it's affecting their quality of life it's affecting possibly affecting property values and when when your life savings is in a home it's it's scary and so I think that's you know where a lot of people are coming from so I'm willing to look at it but just for the Neighbors who are watching please know that you do still have support it's just usually from only one Council member so all right so we have that and so if we're good with that I think we will move forward with making this a declaration from Council from all of council under consent Ally if you would please um add anything you think would be helpful there if prab wants to add anything that they'd like to hear Council speak we'll bring this forward

[282:01] on consent on the 3 and then I will leave it to staff then to figure out when best to bring back the change the ordinance that will um make restaurants permitted use of some kind in the pzone um N I think just to say that we hear you and we will get back to you as soon as we can sorry about that Zoom glitch um n I'll turn to you and say did we cover everything we needed to we did and I was just saying that we we hear you and we will get as staff we will get back to you as soon as we can on next steps awesome thank you very much Council anything else on this very good thank you um next up under matters we've got updates on boards and commission vacancies Aon can I turn to you for that one yeah nearby did you want to introduce this yeah so I

[283:02] spoke with Ain and we think that the best way to these positions um are by offering them to the people who have previously signed up um and filled out the applications as well as opening it up to the public again uh the reason I thought especially for the housing Advisory Board as in the past I know this year we didn't have as many applicants but in the previous year or two we had a number of applicants and there were some really good people that didn't get on Just because we didn't have enough spaces and so they've already done all the work uh to sign up and or you know fill out the forms and so I decid seeing as they've done that work if they were still interested um might as well open it up and and offer it back to them um and then we can again open it up to the general public uh to see if anyone's found a new interest in joining so that's our recommendation for right now and um I guess we'll go with council's well and if I could just offer a little than thanks to that mirabi uh so that it's two there are two vacancies

[284:02] on the housing Advisory Board and one on the downtown management commission that we're talking about here and I I think uh my understanding I think yes so we would we would pinging the people who had already applied while also opening it to new applications and so we'd have I think my As I understood our discussion we'd have a potentially a mix of new applicants and old applicants that we could then consider and then Mary to your um you I believe it was you that raised the question of are there structural or problems with have with the the vacancies um kurk did get back to us and say that both of the people who resigned uh either have or about to move out of town uh so uh well maybe the they their maybe they had some frustrations with have that led them to leave uh but it seemed like it was more larger life changes and Kurt did say that while um the board continues to have some growing pains and and some they could still use

[285:00] some additional definition it feels like they're generally functioning pretty well can I ask a clarifying question to both of you two things um I thought we also had a few other boards like the Boulder Junction access district and maybe the bla um are are there any other boards to go out for besides Hab and downtown management there there have been the ones that you were announcing recruitments for for month Sam those are still unfilled so we we could continue to announce those as well but we've I think we've just recently gotten one application for the bla but other than that we have not gotten applications for those others it'd be great to as we reopen to list all of them okay very good and then the second question was um what are you thinking for a time frame for making appointments like are you thinking keep it open for 30 days and then see what we got and make appointments 15 after that what what's your timeline that you're proposing we we didn't discuss that but

[286:01] I mean I I think 30 days would be a reasonable amount of time if if that's council's well yeah we could start with 30 days and then extend it for another 30 if we feel like we've only gotten you know one or two applications okay super that's clear and Adam I saw your hand up you asked my question but yeah um definitely trying to do it in a shorter time frame just because I think Hab is still on the third third week of the month so 30 days from now would allow them to come in uh for the August meeting which would be a deal I see great okay um so I think this all sounds good Council any other comments because I say the straw man is open up all four of these and any others Hab bder Junction access district downtown management commission and bla

[287:01] um and recruit for 30 days and then make appointments um in say the third week of August so the August 17th meeting well I would I would want to uh defer a little bit to the the clerk's office because they probably need some time before they open it they probably need some time to process it after they've been submitted so make sure we probably want to check with them about how much buer time they need on that side I see okay Mary yeah just a question um thank you guys for doing that leg work um it occurred to me when Erin when you said to defer to the city clerk's office that that's right around the time when um the election has kicked off and so um I'm wondering how that would affect the workload so I guess I'd like to hear from Alicia great oh thank you Mary for um you know

[288:03] bringing me in on this I truly appreciate that um right now you know as you all know we are one person down and but we are in the process of uh recruiting for the deputy position so I think if we open the applications we can monitor the database to provide the committee with the applications as they come in that might be an easier way for us to do it versus trying to give you everything at one time um and I think what my next qu what my question will be is what will be the process after we put the information together would you want to still go through the interview process or would you just want to review the applications and then make your decision off that that would probably give us a little bit more of a um I would say Comfort level if we didn't have to set up the interviews and have to go through that process so I think whatever Direction Council would have

[289:01] for us and whatever process you think would work for this particular situation we'll be able to manage we'll be able to manage it so does that answer your question yeah um it sounds like um the interviews add extra an extra layer and so um the sounds to me like um the question for Council is do we want to add the extra layer of interviews or do we want to go on um just reading the applications and maybe uh um maybe having the subcommittee make a recommendation and maybe you don't have to answer that now maybe the subcommittee wants to take that offline and discuss yeah maybe mby may we have a little time to think about that and talk about it yeah I'm fine with that Aon we can chat this weekend or something

[290:01] because I do believe we're in a good place in the Clark's office office we've gotten caught up and we've gotten a lot of Duties allocated and everybody's the ship is running pretty smoothly right now so it would just again be what council's desire would be in this particular situation super thank you Alicia I I think I'd like to PT this back to the committee so if we just go ahead and open up applications and begin at our study sessions and our Council meetings to recruit um I think Erin if you and mebby want to come back to us with a suggestion on how how to take the next step and when to take it it could be as they come in or it could be we wait to fill them up I think we just look to you for guidance and we'll probably accept whatever you you say as far as the process goes and Mary I think that's an astute question to Alicia and a good observation between the two of you that if we can do it without interviews it's a much lighter lift so to the extent that we're willing to have um Aaron and mirbi as our appointing

[291:01] committee go through those and a recommendation to us about how to handle what we do receive I think that might be the most efficient way to go so does council generally agree with that all right so um we will start recruiting and Aaron and mirbi you can tell us what to do next and Alicia thank you so much for clarifying the process what'll work for you so thank you both okay so I think we're done with that one and then turn to Rachel and Bob and see if you want to speak to us about the City attorney of recruitment we do um if Bob is still here otherwise I do Bob go ahead great you go ahead I mean we receed we received a couple talking points so I don't know if you've got them in front of you if so I you know I'll go Point BYO tag team with you um

[292:01] so we are upda on the City attorney Recruitment and the City attorney hiring subcommittee which is myself and Bob Yates um as the council reps we recommend um continuing the search process for the City attorney position uh this recommendation is based on stakeholder feedback to attract a broader candidate pool Bob you want to jump in otherwise I'll keep going you're doing great just keep going okay subcommittee is reviewing the position description and making edits to feature the trail blazing projects and exciting work Boulder has to offer prospective candidates on Thursday the subcommittee um and or Jen sprinkle the HR Director will send Council a redlined version of the position profile for review um and then at the July 27th council meeting we will ask for your feedback to finalize the revised version of the position profile uh the changes that we will be recommending are not substantive and so

[293:00] will not require a council vote uh and then August the recruiter will kick off a visibility campaign and conduct wider Outreach to qualified candidates in cities with Council agendas and Community engagement that is similar to Boulder we hope to grow interest in the Innovative initiatives taking place as as the um at this city through enhanced advertising efforts including a social media campaign um so one question I have is did the subcommittee already request 15 minutes on CAC for the 27th and if not can this count as our request may this greate noted yes we thereby request that um and then the recruitment process will be ongoing from August through September we anticipate filling the position by October uh and at next week's council meeting we will provide a revised timeline with dates Sandra will continue as interim City attorney um and Jen sprinkle the HR Director uh is also

[294:01] here to help answer any questions so we will ask if you have any questions and also um would like to take a moment to just invite colleagues to consider whether um you would like for Bob and I to continue as the subcommittee we um are happy to continue and happy to uh tender our resignations if that is the will of council Bob anything to add that's it all right well I will say thank you both and we have some hands so we'll start with Mark thank you I absolutely would not like you to Tender your resignation um I I think that the two of you are more than capable of of leading us through this uh process and I hope you will both remain exactly where you are um I do have one question which is

[295:00] what is the basis for our thinking that we will get a better pool of candidates uh the second goor round and I don't know who should answer that but um looks like Jen's on to answer and I would just qualify it with um I would hate to use the word better because I don't want to malign our previous candidates which um were were uh uh competent attorneys so with that I will uh turn it to Jen good evening Council Jen sprinkle HR Director I preach uh appreciate that question mark and I think that as we think about um the feedback and the input we've received from new numerous stakeholders who've been participating in this recruitment process um what we're hearing is that um there's a desire to look at candidates who have um municipal or perhaps County experience that is very similar to the city of Boulder and the types of initiatives and

[296:01] in Innovation um that we as a city represent so what it will look like is some tweaks to the position profile and then um a little bit of a different approach in the advertising and sourcing um as mentioned um Rachel was talking about a social media campaign so really trying to do a little bit of a different sourcing approach I think initially we were looking at um applicants perhaps in the state of Colorado but we can also um shift our our recruitment strategy to try and um find a national uh pool of candidates that might be more reflective of uh the City attorney role here at the city I I understand why we would value uh someone with Municipal experience but is that a disqualifying uh qualification for uh for candidates I

[297:00] mean why would we not open it up to to attorneys who are high Achievers uh in the private sector but would like to move into a municipal capacity uh certainly um attorneys from the private sector would be welcome to apply and and some may have consulted or clients who are municipal or um perhaps County or other government entities and so I think there there is uh opportunity for candidates to um apply who have those qualifications um and I and I just want to um Circle back to Rachel's comment I I was not looking to uh disparage any of the candidates that we had um I I think the proper term should have been why why would we think we would have a more successful process this time around and and I certainly hope we will um so thank you that seems like a great clarification and I didn't mean to malign you with my uh oh I'm maligned

[298:02] all the time not problem um and and I I guess I just want to um add to Jen's response to your last question that um some of the feedback that we got was um from I guess internal stakeholders so city attorney's office and director's level and there's there's a clear um interest in um people who have strong Municipal experience um and and we certainly want the person we hire to be successful and have Buy in from the people that that that need to um to work well with this person and and help them to succeed so that's that's certainly part of how we got got to that not quite a qualification but a strong recommendation and preference for that that make sense yes um although I would hope we would still be open to that possibility there are some very you know high level capable people out there who operate in the private sector and

[299:02] they are to at least be considered um you know most areas of law are learnable um and what I focus most on is what are the abilities what are the talents um how will they mesh in terms of personalities and there's no there's nothing to say that that can't happen on somebody in the private sector as as well as somebody uh in the governmental sector but thank you thank you I appreciate thank you Mark thank you Rachel and Bob and Jen any anything else on this topic so we will return to this with the job description next week I think Mary might have a question Mary I'm sorry is that a new hand yeah it looks like a new hand Now new hand um so I don't want y'all to resign um and I think you've done an awesome job so just keep on doing what you're

[300:02] doing and um I wanted to thank Sandra for extending um her service as interim City attorney thank you and um and good luck y'all um I I have to just say that um I do think that the municipal experience is critical um because there's not a whole lot of time to spend um I mean the person would have to be learning um the city as well as learning what it's like to be a municipal attorney and um it just seems to me like just having that experience from the get-go would be a lot more preferable um I'm sure there are capable folks um but uh I would rather see someone with that Municipal experience

[301:01] so thank you thank you Mary and I'm calquing on Mary's if I may I also wanted to um say thank you to Jen sprinkle who's having to do a lot of extra work to accomplish what we're going for so thank you Jen for sticking with us it's my pleasure thank you thank you Jan thank you Rachel and thank you Bob as well for all your hard work we'll see this next week with the job description and give you feedback um so that's the end of our formal agenda I do just want to remind people um that at CAC on Monday we moved the September 7th scheduled meeting to September 9th September 7th is Rashia Shana so it's a holy day and we've um move the meeting to that Thursday as is common for us when we have a conflict and then um we have penciled in what would have been the September 14th study session to convert to a special meeting to do

[302:03] deliberation so on the 9th we would have the um staff presentation um applicant presentation questions on CU South and then um public input on the CU South question all that on the 9th and then on the 14th replace the study session with a special city council meeting at which we would deliberate and ask any further questions that we might have so so that's the schedule we have so far and I see Mary and Mir by Mary um it's not about this topic um I just wanted to make sure that we covered the other agenda item that I requested which was the shiaka board yes thank you I'm sorry I meant to tuck that into the last item so I failed I failed worries no worries as long as it gets tucked in okay and miror yes Sam I'm just reminding you I

[303:03] told staff the other day during a meeting but I will not be there on the September 7th or the 14th meeting so I will not be at those deliberations if you change them um originally they were supposed to stay on to the 20th or 21st whatever that was um the third week in Tuesday and I was able to attend those and I thought that was being taken into account as I gave everyone a good heads up so I'm just making aware I will not be a part of those discussions then we will we'll take that up at CAC so it'll be the ninth not the seventh for the um public hearing and so we were um guessing that you'd be able to watch those before and we will bring it back to CAC that you won't be there on the 14th I kind of remembered that um the struggle that we're having as you might imagine is if we wait all the way until the 21st um the freshness of what we've heard at public comment will will be lessened so would you be available on the 16th or gone that whole week I'm I'm

[304:02] gone that those two weeks I'm gone so if there's possibility of changing it like I was planning on watching it on the 9th I was planning on watching the public testimony at a later date at the recording so if there's a way to change that to the 14 so that then we could deliberate on the 21st that would be great but okay we we'll take that into account thanks thanks for that so none of that's final except the one thing that is final is the September 7th city council meeting will be moved to September 9th okay so that's why I wanted to bring it up to make sure that we had captured all of council's conflicts potentially now back to Mary um I had intended to do this under the boards and commissions but Mary why don't you talk to us a little bit about how the Shaka board appointment is different than a normal one right um so it's similar to the appointments that

[305:00] occur like for boka and the D in that um because it is a city Affiliated um organization then um they um we have representation on those boards so shiak is similar in that way in the way that it is not similar is that their board appointments occur in August and um and therefore for the alignment to when our board appointments happen is kind of out of whack so we had a discussion I believe it was maybe a couple years ago um that we would align our board appointment to shiaka with um shaka's appointments so their appointment is occurring um next week on July 26th with the first meeting for the new board occurring in

[306:00] September 20th or something like that um it's the third Monday of the month and so um so we need to appoint somebody um and I am the current representative so I would be going off and somebody would be coming on obviously and it seems to me that there are um three possibilities given that um some council members will not be returning and um one council member is running and not guaranteed um to return um but hopefully that will happen but um in any case um so that leaves three possibilities which is Rachel Aaron and juny so um one of y'all three um gets the Lucky Draw and is B Bob I would

[307:00] add Bob yeah oh and Bob well Bob's already served on the shito board and that's why I didn't include him he has served um prior to being on Council thank you Mary May cqu on on Mary's unless jun's hand is up for this well so so I want to start by asking for a motion to extend the meeting so moved second any opposed very good juny is your hand raised for the shiaka question okay great so Rachel go ahead and Junia I'll call on you once we're done with this item just um I had volunteered previously to do this and Mary reached out kindly and asked um you know if if I was ready to receive the Baton and I just wanted to open it up to colleagues who um if anybody wanted to reconsider otherwise I'm happy to do it and move forward that way that is awesome Aaron would you rather step in um Bob's already done it juny would

[308:00] you rather step in I'm applauding Rachel's uh willingness to take it on got a lot ofit so I I don't know if we need to take formal action it's just within us making the appointment so I'll ask it this way um I will Rachel volunteered and do do we all want to approve Rachel as the next uh shiaka representative well Sam I think our our new rules say we shouldn't take any affirmative actions under matters so maybe we can just give a straw hold for consent it'll be I also think it's possible I was already voted in under our last under our board appointments somebody would have to go back and check might not even need a vote well I I guess my question is we don't normally take a vote on these things right I think we often do them at um our Retreat and then we kind of go from there so I'll turn to Sandra sendra you don't have to answer me now but if you could be ready at CAC to say

[309:01] whether we actually have to take a formal action um that gets recorded if we do we'll bring It Forward on consent and if we do not we'll consider this the end of it so at CAC we'll take that up to see if we have to do anything formal Mary and then I'll go to juny yeah um I just wanted to invite Rachel to attend Monday night's board meeting if you want to um wet your feet that sounds great let's uh coordinate off coordinate offline okay good that is awesome thank you all so much for that and juny yes I'm actually going back to the scheduling item that you mentioned earlier um yeah you switch you moved on quickly um so I didn't get a chance to chime in um I'm looking at September 9 to switch um I do have a conflict so but I haven't figured that

[310:01] out yet so I might not be able to make it to that meeting but for next week I will not be at our study session okay great thank you and then as long as you've got the floor are you okay for September 14th if we wanted to do a special meeting there and September 21st are you planning on being at both the 14th and the 21st I believe so yes okay thank you very much for that okay and I just got a note from Alicia that says Rachel's documented in the committee assignment to Shadow Mary for the transition so we already had something going there uh for the council all right Adam what do you got for us last thing on scheduling um I too had plans but I can break them for the 9th through the 14th uh just wondering what our rules are for calling into meetings if we do happen to

[311:00] be in person again I don't think we know but that raises that whole in-person question um Nia do you have any updates for us I wish I did but we are still working with the technician um so we will as soon as we know a little bit more we don't think it is a hardware issue we think it is something else but we will get back to you as soon as we can and then we'll try to lay out what that potential um hybrid versus inperson could look like and we'll get some direction from how you all want to move forward okay very good so um I think Adam that's TBD about the inperson versus calling in um I will say that I have gotten a little less convinced about when we should come back in for in person given the Delta variant and so on I do I will just report that um Lewisville has said that they won't come back before Labor Day so other Council nearby is starting to think about this as well so we'll get that

[312:00] sorted before we get there um but we do know it's the ninth and I think if you can't be there in person then as long as whoever can't make the ninth meeting can commit to watching the video I think we'll all be good to go I think we do want a full councel for the deliberations however so yeah I'll make it happen no matter what I'm just trying to do as much as I can at the next CC I think we will try and nail this down um because we now have your preference and we have mirb um conflict out on the table so we'll work on that on Monday okay and and so Adam just make sure I understand going into that you would you would have been gone the 9th and the 14th correct I only would have been gone the 9th I would have been back the 14th okay thank you that that's helpful all right very good okay I think that's all the administrivia um anything

[313:00] else all right seeing nothing staff anything all right seeing nothing meeting is Jed at 1108 thank you all have a good night thanks good night night [Music] all [Music]