CO - Boulder: City Council Meeting

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City Council Meeting

City Attorney Thomas A. Carr

City Clerk Lynnette Beck
Tagged Passions:legal

AGENDA FOR THE REGULAR MEETING OF THE BOULDER CITY COUNCIL

Items not on the Agenda are sometimes presented to Council in weekly Information Packets. Those packets can be accessed at www.bouldercolorado.gov/city-council.
Tagged Passions:council

1.
Call to Order and Roll Call

No additional detail provided

A.
Declaration of Lyn Mead Housing Legacy Day, June 22, 2018 [presented by Council Member Yates]

No additional detail provided

Tagged Passions:council and housing

5
min

B. Declaration in Honor of Karen Rahn [presented by Council Member Young]
Tagged Passions:council

10
min

2.
Open Comment

No additional detail provided

3.
Consent Agenda

A.
Consideration of a motion to approve the May 15, 2018 Regular Meeting Minutes

No additional detail provided

B.
Consideration of a motion to approve the May 22, 2018 Special Meeting Minutes

No additional detail provided

C.
Consideration of a motion to authorize the city manager to enter into an agreement to settle bodily injury claims filed by Sondra Karng from the city in the amount of 53,491.84

No additional detail provided

Tagged Passions:administrator and manager

D.
Consideration of a motion to approve a revocable right-of-way permit to allow for the installation of electric charging stations in the right-of-way adjacent to 62nd Street on the Avalon Ballroom property

No additional detail provided

Tagged Passions:property, streets, Electric Vehicles, and electric

E.
Consideration of a motion to approve an update to the Intergovernmental Agreement with the Boulder County Sheriff s Office regarding parking enforcement on Open Space and Mountain Parks Land

No additional detail provided

Tagged Passions:public safety, intergovernmental, and parking

City Council Meeting Page 1 of 1314

No additional detail provided

F.
Consideration of a motion to adopt Resolution 1232 supporting Colorado Rising, a state citizen initiative designated as initiative 97, which would increase the setback requirements for oil and gas development

G. Third reading and consideration of a motion to adopt and order published by title only, Ordinance 8252 amending title 9, Land Use Code, B.R.C. 1981, by amending the building height regulations and requirements for certain areas of the city and extending the expiration clause of the height standards in ordinance 8028 until May 31, 2020 and setting forth related details H. Second reading and consideration of a motion to adopt Ordinance 8263 authorizing the City Manager to execute two permanent (multi-use) easement vacations related to the REVE project at 3000 Pearl I. Second reading and consideration of a motion to adopt Ordinance 8259, 8260, 8261 or 8262 making amendments to the code provisions affected by the firearms ordinance adopted by council on May 15, 2018 and setting forth related details

Tagged Passions:council, administrator, manager, ordinance, Fossil Fuels - Oil, Gun Control, development, gun control, easement, regulation, and Development

J.
Introduction, first reading and consideration of a motion to order published by title only Ordinance 8267 submitting to the registered electors of the City of Boulder at the municipal coordinated election to be held on Tuesday, November 6, 2018, the question of authorizing the City of Boulder to keep all revenues from the 2016 voter-approved Sugar-sweetened Beverage Excise Tax and continue to collect the tax at the approved rate and spend all revenue collected without refunding any amounts; setting forth the ballot title; specifying the form of the ballot; and setting forth related details

No additional detail provided

Tagged Passions:taxes, Taxes, ordinance, soft drinks, voting, and election

K.
Introduction, first reading, and consideration of a motion to order published by title only Ordinance 8269 submitting to the registered electors of the City of Boulder at the municipal coordinated election to be held on Tuesday, November 6, 2018, the question of amending Section 84B to the Boulder City Charter to establish the Housing Advisory Board consisting of seven members; if the measure passes amending Section 2-3-24, Housing Advisory Board, B.R.C. 1981, to allow for seven members; setting forth the ballot title; specifying the form of the ballot and other election procedures; and setting forth related details

No additional detail provided

Tagged Passions:ordinance, voting, election, housing, and procedure

L.
Introduction, first reading, and consideration of a motion to order published by title only Ordinance 8270 submitting to the registered electors of the City of Boulder at the municipal coordinated election to be held on Tuesday, November 6, 2018, the question of amending Section 78 of the Boulder City Charter to change the time for the Planning Department to submit its recommendations for public improvements from sixty days to thirty days before the submission of the budget to be consistent with the city s

No additional detail provided

Tagged Passions:budget, ordinance, voting, election, and planning

City Council Meeting Page 2 of 1314

No additional detail provided

budgeting process; setting forth the ballot title; specifying the form of the ballot and other election procedures; and setting forth related details

No additional detail provided

Tagged Passions:budget, voting, election, and procedure

M.
Introduction, first reading, and consideration of a motion to order published by title only Ordinance 8271 submitting to the registered electors of the City of Boulder at the municipal coordinated election to be held on Tuesday, November 6, 2018, the question of amending Section 130 of the Boulder City Charter to allow council to set the number of a new advisory committee as five or seven when forming the committee, changing the reference of sex to gender, changing the requirement for a majority; setting forth the ballot title; specifying the form of the ballot and other election procedures; and setting forth related details

N. Ordinances 8272, 8273 and 8274 related to the work of the Campaign Finance and Elections Working Group: 1. Introduction, first reading, and consideration of a motion to order published by title only Ordinance 8272 submitting to the registered electors of the City of Boulder at the municipal coordinated election to be held on Tuesday, November 6, 2018, the question of amending City Charter Sections 29, 38A, 38B, 39, 40, 44, 48 54 and 56 regarding the city s initiative, referendum and recall processes; setting forth the ballot title; specifying the form of the ballot and other election procedures; and setting forth related details. 2. Introduction, first reading, and consideration of a motion to order published by title only Ordinance 8273 submitting to the registered electors of the City of Boulder at the municipal coordinated election to be held on Tuesday, November 6, 2018, the question of amending Section 39 of the Boulder City Charter to require the city clerk to compare signatures on a petition to signatures on file in the statewide elections database; setting forth the ballot title; specifying the form of the ballot and other election procedures; and setting forth related details. 3. Introduction, first reading, and consideration of a motion to order published by title only Ordinance 8274 submitting to the registered electors of the City of Boulder at the municipal coordinated election to be held on Tuesday, November 6, 2018, the question of amending Section 38 of the Boulder City Charter to allow for electronic petitions and the use of electronic signing of initiative petitions online; setting forth the ballot title; specifying the form of the ballot and other election procedures; and setting forth related details

Tagged Passions:council, ordinance, campaign finance, gender, voting, election, referendum, finance, and procedure

O.
Consideration of a motion to adopt Resolution 1233 authorizing the Boulder Landmarks Board to act as a reviewing entity for the state income tax credit program for qualifying rehabilitation projects pursuant to C.R.S 39-22-514.5, as amended (to be added on June 15)

No additional detail provided

Tagged Passions:taxes, Taxes, and program

4.
Call-Up Check-In

No additional detail provided

A.
Call-Up: Ponderosa Mobile Home Park - Concept Plan Review

No additional detail provided

Tagged Passions:parks

City Council Meeting Page 3 of 1314

No additional detail provided

B.
Call-Up Item: 900 Baseline Rd - Landmark Alteration Certificate for Air Conditioning

No additional detail provided

C.
Call-Up Item: 900 Baseline Rd. - Landmark Alteration Certificate for Pedestrian Lighting

D. Call-Up Item: 10th and Pearl Street - Landmark Alteration Certificate

Tagged Passions:streets and Pedestrian

E.
Call-Up Item: 5600 Airport Blvd,, Lake Centre Campus - Concept Plan Review

No additional detail provided

Tagged Passions:airport

5.
Public Hearings

A. Second reading and consideration of a motion to adopt Ordinance 8257 amending Title 9, Land Use Code by amending the outdoor lighting regulations to extend the amortization period for an additional four-months from July 15, 2018 to Nov. 15, 2018 to enable a public hearing in September to consider a longer proposed extension to June 1, 2021
Tagged Passions:hearing, ordinance, and regulation

15
min

B. Consideration of the following items related to the redevelopment of the property located at 311 Mapleton, 2505 and 2525 4th Street: 1.) Introduction, first reading and consideration of a motion to order published by title only, Ordinance 8275 rezoning those areas of the property from Residential Low 1 (RL-1) to Public (P), consistent with the Boulder Valley Comprehensive Plan Land Use of Public (case no. LUR2017-00028); 2.) Site Review for a proposed Congregate Care Facility (Academy at Mapleton Hill) that includes 93 independent living residential units and 12 memory care units, along with a 42-bed subacute rehabilitation facility with a warm water therapy pool open to the public (case no. LUR2016-00065); and 3.) Use Review for the Congregate Care Use and Parking as a Principal Use in the P zoning district (case no. LUR2017-00027)

Tagged Passions:Utility, utility, strategic, property, ordinance, water, facility, zoning, and parking

4
hrs

6. Matters from the City Manager 7. Matters from the City Attorney

Tagged Passions:administrator, legal, and manager

8.
Matters from Mayor and Members of Council

No additional detail provided

Tagged Passions:council

A.
Call-Up Item: Concept Plan Review (LUR2018-00033) of a proposal to annex the Ponderosa Mobile Home Park. The proposal includes the phased installation of utility and transportation infrastructure and redevelopment of the property. The long-term concept (10+ years) includes approximately 68 permanently affordable residential units on fixed foundations. The goal is non-displacement of existing residents and mobile homes would remain in the development for the foreseeable future

No additional detail provided

Tagged Passions:Utility, parks, utility, transportation, property, annexation, development, mobile homes, and Development

15
min

No additional detail provided

B.
Call-Up Item: Landmark Alteration Certificate for 900 Baseline Rd. Air Conditioning Units (HIS2018-00109)

No additional detail provided

City Council Meeting Page 4 of 1314

No additional detail provided

C.
Call-Up Item: Landmark Alteration Certificate for 900 Baseline Rd. Pedestrian Path Lighting (HIS2018-00144)

No additional detail provided

Tagged Passions:Pedestrian

D.
Call-Up Item: Landmark Alteration Certificate for 10th and Pearl Streets (HIS2018-00033)

No additional detail provided

Tagged Passions:streets

E.
Call-Up Item: Concept Plan Review for feedback on a proposal for Lake Centre Campus at 5600 Airport Blvd, 0 Airport Blvd, and 0 Valmont Drive. The proposal includes annexation of two parcels with a proposed initial zoning of IG (Industrial - General), construction of a new 115,000 sq. ft. research and laboratory facility, and renovation and construction of additions to two existing single-story structures. Reviewed under case no. LUR2018-00012

No additional detail provided

Tagged Passions:property, annexation, airport, industrial, facility, construction, and zoning

9.
Discussion Items

10.
Debrief

No additional detail provided

11.
Adjournment

5:45 Hours This meeting can be viewed at www.bouldercolorado.gov/city-council. Meetings are aired live on Municipal Channel 8 and the city's website and are re-cablecast at 6 p.m. Wednesdays and 11 a.m. Fridays in the two weeks following a regular council meeting. Boulder 8 TV (Comcast channels 8 and 880) is now providing closed captioning for all live meetings that are aired on the channels. The closed captioning service operates in the same manner as similar services offered by broadcast channels, allowing viewers to turn the closed captioning on or off with the television remote control. Closed captioning also is available on the live HD stream on BoulderChannel8.com. To activate the captioning service for the live stream, the CC button (which is located at the bottom of the video player) will be illuminated and available whenever the channel is providing captioning services. The council chambers is equipped with a T-Coil assisted listening loop and portable assisted listening devices. Individuals with hearing or speech loss may contact us using Relay Colorado at 711 or 1-800-659-3656. Anyone requiring special packet preparation such as Braille, large print, or tape recorded versions may contact the City Clerk's Office at 303-441-4222, 8 a.m. - 5 p.m. Monday through Friday. Please request special packet preparation no later than 48 hours prior to the meeting. If you need Spanish interpretation or other language-related assistance for this meeting, please call (303) 441-1905 at least three business days prior to the meeting. Si usted necesita interpretacion o cualquier otra ayuda con relacion al idioma para esta junta, por favor comuniquese al (303) 441-1905 por lo menos 3 negocios dias antes de la junta. Send electronic presentations to email address: CityClerkStaff@bouldercolorado.gov no later than 2 p.m. the day of the meeting.

Tagged Passions:telecommunications, hearing, services, Telecommunications, Comcast, and business

City Council Meeting Page 5 of 1314

No additional detail provided

CITY COUNCIL AGENDA ITEM COVER SHEET

MEETING DATE: June 19, 2018

AGENDA TITLE Lyn Mead Housing Legacy Day, June 22, 2018 [presented by Council Member Yates] PRIMARY STAFF CONTACT Kurt Firnhaber, Deputy Director for Housing REQUESTED ACTION OR MOTION LANGUAGE Lyn Mead Housing Legacy Day, June 22, 2018 ATTACHMENTS: Description Declaration
Tagged Passions:council and housing

City Council Meeting Page 6 of 1314

No additional detail provided

Item 1A - Declaration of Lyn Mead Housing Legacy Day City Council Meeting Page 7 of 1314

Tagged Passions:housing

CITY COUNCIL AGENDA ITEM COVER SHEET

MEETING DATE: June 19, 2018

AGENDA TITLE Declaration in Honor of Karen Rahn [presented by Council Member Young]
Tagged Passions:council

PRIMARY STAFF CONTACT Carl Castillo, Policy Advisor

ATTACHMENTS: Description Declaration

Tagged Passions:policy

City Council Meeting Page 8 of 1314

No additional detail provided

City Council Meeting Page 9 of 1314

No additional detail provided

City Council Meeting Page 10 of 1314

No additional detail provided

CITY COUNCIL AGENDA ITEM COVER SHEET

MEETING DATE: June 19, 2018

AGENDA TITLE Heidi Leatherwood, Deputy City Clerk

PRIMARY STAFF CONTACT Consideration of a motion to approve the May 15, 2018 Regular Meeting Minutes

REQUESTED ACTION OR MOTION LANGUAGE Consideration of a motion to approve the May 15, 2018 Regular Meeting Minutes

ATTACHMENTS: Description Minutes

City Council Meeting Page 11 of 1314

No additional detail provided

CITY OF BOULDER CITY COUNCIL MEETING

Municipal Building, 1777 Broadway Boulder, Colorado 80302 Tuesday, May 15, 2018

MINUTES

1.
CALL TO ORDER AND ROLL CALL

Mayor Jones called the meeting to order at 6:07 p.m.

A.
Municipal Court Update by Judge Linda Cooke at 6:09 p.m. Judge Cooke shared a presentation and spoke about local concerns.

No additional detail provided

Tagged Passions:legal, judge, and court

2.
OPEN COMMENT (Public comments are a summary of actual testimony. Full testimony is available on the

council web page at: https://bouldercolorado.gov/city-council > Watch Live or Archived Meetings.)

Tagged Passions:council

Open Comment started at 6:32 p.m. and the following spoke:

1.
Leonard Segel spoke regarding the Museum of Boulder and the new building.

No additional detail provided

2.
Darren O Connor spoke regarding affordable housing rental rates.

No additional detail provided

Tagged Passions:rental, rates, and housing

3.
Kimberly Gibbs spoke regarding firearms regulations.

No additional detail provided

Tagged Passions:Gun Control, gun control, and regulation

4.
Rachel Daly spoke regarding firearms regulations.

No additional detail provided

Tagged Passions:Gun Control, gun control, and regulation

5.
Aubrey Additon spoke regarding firearms regulations.

No additional detail provided

Tagged Passions:Gun Control, gun control, and regulation

6.
Andrew O Connor spoke regarding firearms regulations.

No additional detail provided

Tagged Passions:Gun Control, gun control, and regulation

7.
Louise Bradley spoke about flood mitigation in Fraiser Meadows.

No additional detail provided

Tagged Passions:flooding

8.
Kathie Joyner spoke about flood mitigation in Fraiser Meadows.

No additional detail provided

Tagged Passions:flooding

9.
David McGuire spoke about flood mitigation in Fraiser Meadows.

No additional detail provided

Tagged Passions:flooding

10.
Lynn Segal spoke about affordable housing and short-term rentals.

No additional detail provided

Tagged Passions:short-term rental, rental, and housing

11.
Patrick Murphy spoke about municipalization.

No additional detail provided

City Council Meeting Page 12 of 1314

No additional detail provided

12.
Marty Combs gave his time to Cody Wisniewski to speak about firearms regulations.

No additional detail provided

Tagged Passions:Gun Control, gun control, and regulation

13.
Lance Cayko spoke regarding firearms regulations.

No additional detail provided

Tagged Passions:Gun Control, gun control, and regulation

14.
Robert Andrews spoke regarding firearms regulations.

No additional detail provided

Tagged Passions:Gun Control, gun control, and regulation

15.
Michael Gluck spoke regarding the Ponderosa Mobile Home Park and undeveloped

land nearby.

Tagged Passions:parks

16.
Rachel Friend spoke regarding firearms regulations and flood mitigation.

No additional detail provided

Tagged Passions:flooding, Gun Control, gun control, and regulation

17.
Lance Touve spoke regarding firearms regulations.

18. Jonathon Witt and Jason Boros spoke regarding firearms regulations.

Tagged Passions:Gun Control, gun control, and regulation

19.
Gwen Stouder spoke regarding firearms regulations.

No additional detail provided

Tagged Passions:Gun Control, gun control, and regulation

20.
Jillian Waters spoke regarding firearms regulations.

Open Comment closed at 7:14 p.m.

Tagged Passions:Utility, utility, Gun Control, gun control, water, and regulation

3.
CONSENT AGENDA

A.
Consideration of a motion to approve the April 3, 2018 Regular Meeting Minutes

No additional detail provided

B.
Consideration of a motion to approve the April 5, 2018 Special Meeting Minutes

No additional detail provided

C.
Consideration of a motion to approve the April 10, 2018 Special Meeting Minutes

No additional detail provided

D.
Consideration of a motion to approve the April 17, 2018 Regular Meeting Minutes

No additional detail provided

E.
Consideration of a motion to accept the April 24, 2018 Study Session Summary for Review of proposed Focus Areas, Highlight Topics, and community engagement program for the 2018-19 Transportation Master Plan

No additional detail provided

Tagged Passions:transportation and program

F.
Consideration of a motion to accept the May 8, 2018 Study Session Summary for

Community Broadband

Tagged Passions:Internet Access

G.
Consideration of a motion to adjourn as the Boulder City Council and convene as the CAGID Board of Directors; and Consideration of a motion to adopt Resolution 287 amending the 2018 Downtown Commercial District Fund (formerly Central Area General Improvement District Fund) Budget; and Consideration of a motion to adjourn as the CAGID Board of Directors and convene as the University Hill General Improvement District (UHGID) Board of Directors

No additional detail provided

Tagged Passions:council, university, budget, commercial, and downtown

City Council Meeting Page 13 of 1314

No additional detail provided

H.
Consideration of a motion to adopt Resolution 207 amending the 2018 University Hill Commercial District Fund (formerly University Hill General Improvement District Fund) Budget; and Consideration of a motion to adjourn as the University Hill General Improvement District Board of Directors and convene as the Boulder Junction Access Commission General Improvement District Travel Demand Management Board of Directors

No additional detail provided

Tagged Passions:boards and commissions, university, budget, commercial, and travel

I.
Consideration of a motion to adopt Resolution 26 approving a supplemental

No additional detail provided

appropriation to the 2018 Boulder Junction Access Commission General Improvement District Travel Demand Management Fund Budget; and Consideration of a motion to adjourn from the Boulder Junction Access District- Travel Demand Management Commission and convene as the Boulder Junction Access District Parking Commission

Tagged Passions:boards and commissions, budget, travel, funding, and parking

J.
Consideration of a motion to adopt Resolution 27 approving a supplemental

No additional detail provided

appropriation to the 2018 Boulder Junction Access Commission GID-Parking Fund Budget; and Consideration of a motion to adjourn from the Boulder Junction Access District-Parking Commission and reconvene as the Boulder City Council

Tagged Passions:council, boards and commissions, budget, funding, and parking

K.
Introduction and consideration of a motion to order published by title only and adopt

No additional detail provided

by emergency Ordinance 8251 adopting Supplement 135, which codifies previously adopted Ordinances 8232, 8234, 8237, 8238, 8239, 8240, 8242, 8243 and other miscellaneous corrections and amendments, as an amendment to the Boulder Revised Code, 1981, and setting forth related details

No additional detail provided

Tagged Passions:ordinance, jail, and emergency

L.
Introduction and consideration of a motion to order published by title only and adopt

No additional detail provided

by emergency Ordinance 8255 authorizing the issuance by the City of Boulder, Colorado (Acting through its Water Utility Enterprise and its Wastewater Utility Enterprise), of its Water and Sewer Revenue Bonds, Series 2018, in the Principal amount of 38,260,000

No additional detail provided

Tagged Passions:Utility, utility, ordinance, water, bond, sewer, and emergency

M.
Introduction, first reading and consideration of a motion to order published by title

only two alternative ordinances amending Title 9, Land Use Code : Ordinance 8250 would remove the July 19, 2018 expiration date clause of the height standards in Ordinance 8172 and Ordinance 8252 would extend the July 19, 2018 expiration date to September 30, 2019; and setting forth related details. A minor code clarification to the height standards is also included in both ordinances N. Third Reading and consideration of a motion to adopt Ordinance 8245 adding additional firearm regulations to the Boulder Revised Code COUNCIL MEMBER WEAVER MOVED TO APPROVE THE CONSENT AGENDA ITEMS 3A-3M WITH THE AMENDMENTS MADE TO 3L (ADDING THE FIGURES FOR THE BOND ITEM). COUNCIL MEMBER MORZEL SECONDED THE MOTION. THE MOTION PASSED 9:0 AT 8:12 P.M. WITH COUNCIL MEMBER CARLISLE RECUSED FROM 3K. City Council Meeting Page 14 of 1314

Tagged Passions:ordinance, Gun Control, gun control, bond, and regulation

4.
CALL-UP CHECK-IN

No additional detail provided

A.
Call-Up Item: Vacation of a 626 square foot portion of a utility easement extending

Tagged Passions:Utility, utility, and easement

horizontally along the southerly lot line of 1580 Cress Ct.

ORDER OF BUSINESS

Tagged Passions:business

5.
PUBLIC HEARINGS

Tagged Passions:hearing

A.
Concept Plan Review (LUR2017 00090) for input on a proposal to redevelop the former Fruehauf's retail site at 1665 33rd Street with a mixed-use development that includes a congregate care facility with approximately 100 permanently affordable dwelling units and associated community amenity features, along with restaurant, office, and retail uses

Development Review Manager Charles Ferro and Planner II Sloane Walbert introduced this item to council at 8:24 p.m. Deputy Director of Housing Kurt Firnhaber answered questions. Applicant, Gary Byrd and Architect, Bill Holicky spoke to council. The public hearing opened at 9:16 p.m. and with no speakers, the public hearing was closed at 9:16 p.m. B. Items Relating to Oil and Gas: 1. Introduction, first reading and consideration of a motion to order, published by title only, and adopt by emergency Ordinance 8254 imposing a moratorium on the acceptance and processing of applications for drilling permits on City of Boulder open space properties and for any city permits or use review of new mining industry uses involving oil and gas extraction; extending the existing moratorium until November 7, 2018 to allow for a public vote; or in the alternative 2. Introduction, first reading and consideration of a motion to order, published by title only, and adopt by emergency Ordinance 8253 imposing a moratorium on the acceptance and processing of applications for drilling permits on City of Boulder open space properties and for any city permits or use review of new mining industry uses involving oil and gas extraction; extending the existing moratorium until June 3, 2020 to allow for time for the city to develop land use regulations and rules and regulations governing city-owned properties outside of the city City Attorney Tom Carr introduced this item to council at 9:33 p.m. Property Agent Bethany Collins answered questions for council. The public hearing opened at 10:01 p.m. and the following spoke regarding the oil and gas ordinances:

Tagged Passions:council, restaurants, property, hearing, commercial, legal, streets, manager, ordinance, Fossil Fuels - Oil, development, regulation, facility, emergency, housing, and Development

City Council Meeting Page 15 of 1314

No additional detail provided

1.
Duncan Gilchrist

No additional detail provided

2.
Emma Ruffin

No additional detail provided

3.
Marrakech Maxwell

No additional detail provided

4.
Marlow Baines

No additional detail provided

5.
Damjan Bogdanovic

No additional detail provided

6.
Anne Lee Foster

No additional detail provided

7.
Heather Baines

No additional detail provided

8.
Chris Allred

No additional detail provided

9.
Micah Parkin

No additional detail provided

10.
Neshama Abraham

The public hearing closed at 10:27 p.m. MAYOR JONES MOVED TO APPROVE EMERGENCY ORDINANCE 8253 IMPOSING A MORATORIUM ON THE ACCEPTANCE AND PROCESSING OF APPLICATIONS FOR DRILLING PERMITS ON CITY OF BOULDER OPEN SPACE PROPERTIES AND FOR ANY CITY PERMITS OR USE REVIEW OF NEW MINING INDUSTRY USES INVOLVING OIL AND GAS EXTRACTION; EXTENDING THE EXISTING MORATORIUM UNTIL JUNE 3, 2020 TO ALLOW FOR TIME FOR THE CITY TO DEVELOP LAND USE REGULATIONS AND RULES AND REGULATIONS GOVERNING CITY-OWNED PROPERTIES OUTSIDE OF THE CITY AND ASKED THAT STAFF BRING BACK A RESOLUTION SUPPORTING THE COLORADO RISING CAMPAIGN AT A LATER MEETING. COUNCIL MEMBER MORZEL SECONDED THE MOTION. THE MOTION PASSED 9:0 AT 10:38 P.M. C. Second reading and consideration of a motion to adopt Ordinance 8248 regarding first adjustment to base for the City of Boulder 2018 budget Budget Officer Kady Doelling introduced this item to council at 10:39 p.m. The public hearing opened at 10:45 p.m. and with no speakers, the public hearing closed at 10:45 p.m. COUNCIL MEMBER WEAVER MOVED TO ADOPT ORDINANCE 8248 REGARDING FIRST ADJUSTMENT TO BASE FOR THE CITY OF BOULDER 2018 BUDGET. COUNCIL MEMBER NAGLE SECONDED THE MOTION. THE MOTION PASSED 9:0 AT 10:47 P.M.

Tagged Passions:council, hearing, budget, ordinance, Fossil Fuels - Oil, regulation, and emergency

6.
MATTERS FROM THE CITY MANAGER

No additional detail provided

Tagged Passions:administrator and manager

City Council Meeting Page 16 of 1314

No additional detail provided

7.
MATTERS FROM THE CITY ATTORNEY

No additional detail provided

Tagged Passions:legal

8.
MATTERS FROM THE MAYOR AND MEMBERS OF COUNCIL

No additional detail provided

Tagged Passions:council

A.
Call-Up Item: Vacation of a 626 square foot portion of a utility easement extending horizontally along the southerly lot line of 1580 Cress Ct.

There was no interest in calling up this property.
Tagged Passions:Utility, utility, property, and easement

B.
Consideration of a motion to approve the 2018 Annual Board and Commission

No additional detail provided

Tagged Passions:boards and commissions

Appointments for the six remaining boards: Boulder Junction Access District- Parking Commission and Travel Demand (BJAD- PC) and (BJAD- TDM), Boulder Urban Renewal Authority (BURA), Downtown Management Commission (DMC), Landmarks Board (LB) and University Hill Commercial Area Management Commission (UHCAMC)

Mayor Jones introduced this item. The City Clerk flipped the coin and it was determined that the voting order of the nominees would go in alphabetical order by last name. The following appointments were made by council.
Tagged Passions:council, boards and commissions, university, commercial, appointments, downtown, voting, travel, and parking

1.
BJAD-PC: Kevin Knapp was appointed to a 5-year term.

No additional detail provided

Tagged Passions:appointments

2.
BJAD-TDM: William Shutkin was appointed to a 5-year term.

No additional detail provided

Tagged Passions:appointments

3.
BJAD-TDM: Kevin Knapp was appointed to a 4- year term

No additional detail provided

Tagged Passions:appointments

4.
BURA: David Biek was appointed to a 2-year term.

No additional detail provided

Tagged Passions:appointments

5.
DMC: Adam Knoff was appointed to a 5-year term.

No additional detail provided

Tagged Passions:appointments

6.
Landmarks: John Decker was appointed to a 5-year term.

No additional detail provided

Tagged Passions:appointments

7.
UHGID: Cheryl Liguori was appointed to a 5-year term.

The public hearing was opened at 10:55 p.m. and with no speakers, the public hearing was closed at 10:55 p.m. MAYOR JONES MOVED TO APPROVE THE ABOVE BOARD AND COMMISSION APPOINTMENTS. COUNCIL MEMBER BROCKETT SECONDED THE MOTION. THE MOTION PASSED 9:0 AT 10:55 P.M.

Tagged Passions:council, boards and commissions, hearing, and appointments

9.
DISCUSSION ITEMS

No additional detail provided

City Council Meeting Page 17 of 1314

No additional detail provided

10.
DEBRIEF

No additional detail provided

11.
ADJOURNMENT

THERE BEING NO FURTHER BUSINESS TO COME BEFORE COUNCIL AT THIS TIME, BY MOTION REGULARLY ADOPTED, THE MEETING WAS ADJOURNED ON MAY 15, 2018 AT 10:57 P.M.

Tagged Passions:council and business

Approved this 19th day of June 2018.

APPROVED BY:

_________________________________ Suzanne Jones, Mayor

ATTEST: ___________________________ Lynnette Beck, City Clerk

City Council Meeting Page 18 of 1314

No additional detail provided

CITY COUNCIL AGENDA ITEM COVER SHEET

MEETING DATE: June 19, 2018

AGENDA TITLE Consideration of a motion to approve the May 22, 2018 Special Meeting Minutes

PRIMARY STAFF CONTACT Heidi Leatherwood, Deputy City Clerk

REQUESTED ACTION OR MOTION LANGUAGE Consideration of a motion to approve the May 22, 2018 Special Meeting Minutes

ATTACHMENTS: Description Minutes

City Council Meeting Page 19 of 1314

No additional detail provided

CITY OF BOULDER CITY COUNCIL SPECIAL MEETING

Tagged Passions:council

Municipal Building, 1777 Broadway Boulder, Colorado 80302 Tuesday, May 22, 2018

MINUTES

1.
CALL TO ORDER AND ROLL CALL

Mayor Jones called the meeting to order at 6:05 p.m. Member Nagle) B. Declaration in honor of Tracy Winfree (presented by Mayor Jones)

2.
CONSENT AGENDA

A.
Introduction, first reading and consideration of a motion to order published by title only Ordinance 8256 amending standards for accessory dwelling unity and owner accessory units including Section 4-20-43, Development Application Fees, Title 9, Land Use Code, and Section 10-3-19, Short-term Rentals, B.R.C. 1981, and setting forth related details

No additional detail provided

Tagged Passions:ordinance, short-term rental, development, rental, and Development

Council introduced concerns with the item and requests for information to be included in second reading for discussion.

COUNCIL MEMBER YOUNG MOVED TO APPROVE CONSENT AGENDA ITEM 2A. COUNCIL

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MEMBER BROCKETT SECONDED THE MOTION. THE MOTION PASSED 7:2 AT 6:32 P.M. WITH COUNCIL MEMBER CARLISLE AND NAGLE VOTING NAY.

No additional detail provided

Tagged Passions:council and voting

3.
MATTERS FROM THE CITY MANAGER

No additional detail provided

Tagged Passions:administrator and manager

A.
Staff update on the public process and plans for public engagement regarding the South Boulder Creek Flood Mitigation Project

City Council Meeting Page 20 of 1314
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Public Works Senior Project Coordinator Molly Scarbrough introduced this item to council at 6:33 p.m.

There will be more frequent updates available to the public through related boards and commissions meetings. Discussion regarding the project will be presented at on August 7, 2018.
Tagged Passions:public works, Public Works, council, and boards and commissions

4.
MATTERS FROM THE MAYOR AND MEMBERS OF COUNCIL

No additional detail provided

Tagged Passions:council

A.
Council discussion on supporting peoples resolution, Concerning needed Federal and State Action to Create a Path for the Colorado Residents Araceli Velasquez, Ingrid Encalada La Torre, Rosa Sabido and Sandra Lopez

Council Member Young introduced this item at 7:03 p.m. asking for support from

Tagged Passions:council

5.
ADJOURNMENT

THERE BEING NO FURTHER BUSINESS TO COME BEFORE COUNCIL AT THIS TIME, BY MOTION REGULARLY ADOPTED, THE MEETING WAS ADJOURNED ON MAY 22, 2018 AT 7:19 P.M.

Tagged Passions:council and business

Approved this 19th day of June, 2018.

APPROVED BY:

__________________________ Suzanne Jones, Mayor

ATTEST: ___________________________ Lynnette Beck, City Clerk

City Council Meeting Page 21 of 1314

No additional detail provided

CITY COUNCIL AGENDA ITEM COVER SHEET

MEETING DATE: June 19, 2018

AGENDA TITLE Consideration of a motion to authorize the city manager to enter into an agreement to settle bodily injury claims filed by Sondra Karng from the city in the amount of 53,491.84 PRIMARY STAFF CONTACT Erin Poe, Deputy City Attorney ATTACHMENTS: Description Memo and Attachment (Karng)
Tagged Passions:administrator, legal, and manager

City Council Meeting Page 22 of 1314

No additional detail provided

CITY OF BOULDER CITY COUNCIL AGENDA ITEM MEETING DATE: June 19, 2018

AGENDA TITLE: Consideration of a motion authorizing the city manager to enter into a settlement agreement in the claim brought against the city by Sondra Karng. PRESENTERS Jane S. Brautigam, City Manager Tom Carr, City Attorney
Tagged Passions:administrator, legal, manager, and settlement

EXECUTIVE SUMMARY This matter arises out of a claim filed against the city by Sondra Karng. If City Council approves, the parties have agreed to settle all remaining claims for a proposed payment of 53,491.84 to the claimant. The city manager and city attorney recommend approval of the settlement. Because the amount of the proposed settlement exceeds 10,000, City Council approval of the proposed settlement is necessary pursuant to section 2-2-14(c) B.R.C., 1981. STAFF RECOMMENDATION

Tagged Passions:council, administrator, legal, manager, and settlement

Suggested Motion Language: Staff requests council consideration of this matter and action in the form of the following motion: Motion to authorize the city manager to enter into an agreement to settle bodily injury claims filed by Sondra Karng from the city in the amount of 53,491.84.

Attachment A - General Release Agreement Item 3-C - Karng Settlement City Council Meeting Page 23 of 1314 COMMUNITY SUSTAINABILITY ASSESSMENTS AND IMPACTS Economic: Not applicable. Environmental: Not applicable. Social: The resolution of disputes is generally of social benefit and the resolution of this dispute will free up city attorney time to work on other projects. OTHER IMPACTS Fiscal-Budgetary: Payment for the proposed settlement will be made from the city s Property and Casualty Fund which was established and funded for the purpose of paying claims and settling cases. This settlement is within the city s anticipated loss planning parameters.

Tagged Passions:property, budget, administrator, legal, manager, sustainability, planning, environment, and settlement

Staff Time: The city attorney s office represents the city in this matter. BOARD AND COMMISSION FEEDBACK None PUBLIC FEEDBACK None BACKGROUND In her claim, Sondra Karng seeks compensation for bodily injury and emotional distress damages arising out of a motor vehicle accident. The settlement is in the amount of 53,491.84. ANALYSIS It is not possible to predict the outcome of a trial. Given the projected costs of litigation, the city attorney believes that it is unlikely that the city will be in a significantly better economic position by litigating the case as compared to accepting the settlement offer. The city manager supports the proposed settlement. A copy of the proposed general release is attached. OPTIONS: Council has the option of approving or rejecting the proposed settlement. If the settlement is rejected, the matter will continue to trial.

Attachment A - General Release Agreement Item 3-C - Karng Settlement City Council Meeting Page 24 of 1314
Tagged Passions:boards and commissions, administrator, legal, manager, compensation, and settlement

ATTACHMENTS A. General Release Agreement

Attachment A - General Release Agreement Item 3-C - Karng Settlement City Council Meeting Page 25 of 1314 GENERAL RELEASE AGREEMENT

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1.
This GENERAL RELEASE AGREEMENT ( Agreement ) resolves all claims stemming from or related to: A traffic accident which occurred on or about July 6, 2016 at Yarmouth Street, City of Boulder, County of Boulder, State of Colorado.

No additional detail provided

Tagged Passions:streets and traffic

2.
For the total consideration of 50,000.00, I release:

a.
The City of Boulder and Officer Bradley Frederking b. The City of Boulder's affiliates, corporations, entities, successors, administrators,

attorneys, employees, agents, servants, and insurers from all liability resulting from or related to the incident. 3. The acceptance of the above-mentioned sum is in full accord and satisfaction of a disputed claim. Payment of that sum is not an admission of liability on the part of the City of Boulder or of any other persons or parties released by this Agreement.

Tagged Passions:administrator and legal

4.
This Agreement releases the City of Boulder and others noted above from all:

No additional detail provided

a.
Claims, demands, damages, costs, liabilities, losses of services, economic losses, expenses, compensations, reimbursements, actions, rights, and causes of action of any kind resulting from or related to the incident;

No additional detail provided

Tagged Passions:services and compensation

b.
Known, unknown, foreseen and unforeseen damages; c. Expenses, costs, losses, liabilities, and damages related to damage of property and all

No additional detail provided

Tagged Passions:property

damages related to personal injuries including psychological injuries, and the consequences thereof, whether already incurred or incurred in the future; and

d. Claims related to the incident and to the consequences of the incident, whether or not those claims were previously made against the City of Boulder and others released by this Agreement.

5.
I agree to indemnify, defend and hold harmless the City of Boulder, and others released by this Agreement, against claims by any person, firm, or corporation made pursuant to a theory of assignment, lien interest, subrogation right, or other right of substitution to my claims related to the incident, including claims already made and claims that may be made in the future. This provision shall have application to:

No additional detail provided

a.
Claims, costs, expenses, damages, recoveries and deficiencies, including interest or penalties, that the City of Boulder and others released under this Agreement may incur as a result of such claims based upon actions, claims, or demands by lien holders or by holders of subrogated interests;

No additional detail provided

b.
Claims by governmental entities or agencies, including but not limited to Medicare or Medicaid, or claims by other persons or third-party insurance carriers claiming a subrogation or other interest in the funds paid to me pursuant to this Agreement; and

Attachment A - General Release Agreement Item 3-C - Karng Settlement City Council Meeting Page 26 of 1314

Tagged Passions:health insurance, insurance, funding, seniors, and settlement

c.
Claims, actions, or liability for attorneys' fees or costs incurred on my behalf in connection with the incident or its aftermath, including any fees or costs with regard to which reimbursement may be permitted under Federal or State law.

No additional detail provided

Tagged Passions:legal

If any other provision of this Agreement is deemed unenforceable or invalid for any reason, I understand that my obligation to indemnify, defend and hold harmless under this Agreement shall continue in full force and effect. This element of the Agreement is a separately bargained for benefit and is independently enforceable.

6. All of the understandings between the parties are included in this Agreement.

7.
My signature on this Agreement shall be binding and no rescission, modification, or release from the terms of this General Release will be made for any mistakes.

8.
I am legally competent to execute this Agreement. I assume the risk of any mistake of fact and law as to any damages, losses, or injuries, whether disclosed or undisclosed, that I may have sustained as a result of the above-mentioned incident and as a result of all matters related to the incident.

9. I have read this Agreement, I know what it means and I have signed it voluntarily. Dated:: (pignature ' \ rinted name: Sondra Kamg \

Tagged Passions:risk

FRAUD WARNING: Any person who, knowingly and with intent to injure, defraud, or deceive any employer, insurance company, third party administrator, self-insured program, or any other party, files an insurance claim containing any false or misleading information, which violates an applicable state statute, is guilty of a crime and subject to prosecution.

Attachment A - General Release Agreement Item 3-C - Karng Settlement City Council Meeting Page 27 of 1314

Tagged Passions:administrator, crime, insurance, program, and settlement

CITY COUNCIL AGENDA ITEM COVER SHEET

MEETING DATE: June 19, 2018

AGENDA TITLE Consideration of a motion to approve a revocable right-of-way permit to allow for the installation of electric charging stations in the right-of-way adjacent to 62nd Street on the Avalon Ballroom property. PRIMARY STAFF CONTACT Thomas Carr, City Attorney REQUESTED ACTION OR MOTION LANGUAGE Motion to approve a revocable right-of-way permit to allow for the installation of electric charging stations in the right-of-way adjacent to 62nd Street on the Avalon Ballroom property. ATTACHMENTS: Description Memo and Attachments
Tagged Passions:property, legal, streets, Electric Vehicles, and electric

City Council Meeting Page 28 of 1314

No additional detail provided

CITY OF BOULDER

CITY COUNCIL AGENDA ITEM

MEETING DATE: June 19, 2018

AGENDA TITLE Consideration of a motion to approve a revocable right-of-way permit to allow for the

installation of electric charging stations in the right-of-way adjacent to 62nd Street on

the Avalon Ballroom property. PRESENTERS
Tagged Passions:property, streets, Electric Vehicles, and electric

Jane S. Brautigam, City Manager

No additional detail provided

Tagged Passions:administrator and manager

Mary Ann Weideman, Deputy City Manager

Thomas A. Carr, City Attorney

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Maureen Rait, Executive Director of Public Works

Michael Gardner-Sweeney, Director Public Works, Transportation Kendra Tupper, Chief Sustainability Officer
Tagged Passions:public works, Public Works, transportation, and sustainability

Edward Stafford, Development Review Manager, Public Works

Matthew Lehrman, Energy Strategy Coordinator
Tagged Passions:public works, Public Works, strategic, manager, development, energy, and Development

EXECUTIVE SUMMARY

The purpose of this agenda item is to seek council approval of a revocable right-of-way
Tagged Passions:council

permit to allow for the installation of ten electric vehicle charging stations to be made

available for public use, free of charge, on 62nd Street along the eastern boundary of the Avalon Ballroom property. The charging stations will be part of a larger project, including

Tagged Passions:property, streets, Electric Vehicles, and electric

solar panels, to provide renewable energy to the ballroom and a marijuana cultivation

No additional detail provided

Tagged Passions:solar power, marijuana, energy, and drugs

facility on the property. The property is in unincorporated Boulder County. 46th Street

and the associated right-of-way are in the City of Boulder. Because the property is outside of the city, the sidewalk on the west side of 46th Street has not been developed to city standards. Such development will not occur until the property is annexed to the city. The
Tagged Passions:property, streets, annexation, development, Pedestrian, facility, and Development

revocable permit would allow for the use of a portion of the right-of-way, approximately

Item 3D - Avalon Ballroom right-of-way permit City Council Meeting Page 29 of 1314 three feet wide, to be used for the construction of electric charging stations. As
Tagged Passions:Electric Vehicles, electric, and construction

consideration for the use of the right-of-way, the charging facilities and associated parking

will be provided to the public free of charge. STAFF RECOMMENDATION
Tagged Passions:parking

Suggested Motion Language

No additional detail provided

Staff requests council consideration of this matter and action in the form of the following

motion: Motion to approve a revocable right-of-way permit to allow for the installation of
Tagged Passions:council

electric charging stations in the right-of-way adjacent to 62nd Street on the Avalon

Ballroom property. COMMUNITY SUSTAINABILITY ASSESSMENTS AND IMPACTS Economic None identified.

Tagged Passions:property, streets, Electric Vehicles, sustainability, and electric

Environmental The permit will allow for electric vehicles to be charged using renewable solar power reducing their carbon impact. Research has shown that

Tagged Passions:solar power, Electric Vehicles, environment, and electric

publicly available and affordable charging stations is one of the biggest enabling

factors for increasing the adoption of electric vehicles. Because this would be the

Tagged Passions:Electric Vehicles and electric

largest charging facility in the county and one of the largest in the state, this project

will likely encourage some increased purchase or usage of electric vehicles. Social Providing free electric vehicle charging stations is one method to make electric vehicles more accessible to community members with low to middle incomes. OTHER IMPACTS Fiscal None.

Tagged Passions:purchasing, Electric Vehicles, electric, and facility

Staff time Staff time is within existing workplans.

BOARD AND COMMISSION FEEDBACK Not applicable. PUBLIC FEEDBACK Not applicable Item 3D - Avalon Ballroom right-of-way permit City Council Meeting Page 30 of 1314 BACKGROUND Chuck Palmer, owner of the Avalon Ballroom, contacted the city to investigate an opportunity to place ten electric vehicle charging stations paired with a 1.3-megawatt solar carport in his parking lot. The Avalon Ballroom property is outside city limits in unincorporated Boulder County. However, a portion of the parking along the eastern border that serves this property and the proposed location of the charging stations is in the city s right-of-way for 62nd Street and within city boundaries. City staff visited the site to understand the siting requirements and to identify potential
Tagged Passions:boards and commissions, strategic, property, streets, Electric Vehicles, electric, and parking

solutions. Mr. Palmer indicated that the charging stations would be publicly available and

that he would not charge for use of the charging stations or for parking. The site is located less than one block from a JUMP bus stop, providing access to downtown while vehicles are charging. Mr. Palmer is not requesting financial incentives from the city. Instead, he

Tagged Passions:Public Transit, downtown, incentive, finance, and parking

requests permission to install the charging stations in the right-of-way with a guarantee

No additional detail provided

that, in the event the city annexes the property, the charging stations will be removed to

Tagged Passions:property, annexation, and events

allow for the installation of a sidewalk meeting city standards. If the property is not

annexed, the charging stations will be in service for the useful life of the equipment.
Tagged Passions:property, streets, annexation, Pedestrian, and equipment

Staff determined, and Mr. Palmer agreed, that a ten-year revocable permit would enable

No additional detail provided

installation of the charging stations while protecting future access to the city right-of-way.

Approval of this proposal supports Boulder s commitment to climate protection, multimodal transportation and innovation.

ANALYSIS Generally, the city does not allow construction in rights-of-way. The right-of-way is intended to provide multimodal mobility. Staff recommends a limited exception to the general policy in this case because of the substantial public benefit that Mr. Palmer is offering. Issuance of the permit would be conditioned on the installation of no less than
Tagged Passions:transportation, policy, environment, and construction

ten electric vehicle charging stations. This would make it the largest charging facility in

Tagged Passions:Electric Vehicles, electric, and facility

the county and one of the largest in the state. The permit also would require that Mr. Palmer

allow both charging and parking free of charge. Because the charging stations can be removed, the city still would preserve the opportunity to develop the right-of-way if the adjacent property is annexed to the city. Accordingly, staff recommends approval of the permit. ATTACHMENT Attachment A Proposed right-of-way permit. Item 3D - Avalon Ballroom right-of-way permit City Council Meeting Page 31 of 1314
Tagged Passions:property, annexation, and parking

CITY OF BOULDER REVOCABLE PERMIT

A Revocable Permit is issued to Boulder Dance LLC as owner of the encroachment, (the Permitee ) to maintain an encroachment consisting of: no less than ten (10) electric vehicle charging station in the public right-of-way generally located along the eastern property line at 6185 Arapahoe Road, Boulder, Colorado 80303 and more particularly described in the legal description that is attached to this permit as Attachment A. This Revocable Permit is granted in consideration of the application fee paid and for permitting the use, by the public generally, 10 electric vehicle charging stations and subject to the following terms and conditions:
Tagged Passions:property, arts, legal, streets, Electric Vehicles, encroachment, electric, and grant

1.
Encroachment. The encroachment (the Encroachment ) herein authorized on a revocable permit basis is restricted exclusively to the location above and as described in the site plan on file with the City of Boulder (the City ).

No additional detail provided

Tagged Passions:encroachment

2.
Type of Encroachment. This Permit is limited specifically to the type of encroachment described in the application, filed by the Permitee with the City. No expansion or enlargement of the Encroachment or modification of the type of encroachment is permitted without prior approval by the city manager.

No additional detail provided

Tagged Passions:expansion, administrator, manager, and encroachment

3.
Term. If not sooner revoked, this Permit is granted for a term of no longer than ten years.

4. Building Permit Requirement. The Permitee shall obtain all required permits for the construction of the Encroachment, including without limitation a building permit. The Permitee shall be responsible for obtaining all required inspections by the City.

Tagged Passions:encroachment, construction, and grant

5.
Revocation. The city manager may revoke this permit at any time or for any reason deemed sufficient including without limitation the following instances: (a) if the the Encroachment, obstruction, or other structure constitutes a nuisance, destroys or impairs the use of the right-of-way by the public, or otherwise constitutes a traffic hazard; or (b) the property upon which the Encroachment, obstruction or structure exists is required for use by the public.

6. Removal at the end of the Term. Permitee shall remove, at its expense, the Encroachment, obstruction, or structure within thirty (30) days after receiving notice of any revocation of said Permit, except in the case of an emergency, when the encroachment shall be removed immediately.

Tagged Passions:property, administrator, manager, encroachment, emergency, and traffic

7.
City Authority to Remove Encroachment. In the event said removal of the Encroachment, obstruction, or structure is not accomplished within the thirty (30)

Attachment A - Proposed right-of-way permit Item 3D - Avalon Ballroom right-of-way permit City Council Meeting Page 32 of 1314 days, or in the case of an emergency, the City is hereby authorized to remove same. Permitee agrees to reimburse the City for the cost of said removal. If Permittee fails to pay any monies due under this Agreement or fails to perform any affirmative obligation hereunder, the Permittee agrees that the City may collect the monies due in the manner provided for in Section 2-2-12, B.R.C. 1981, as amended, as if the said monies were due and owing pursuant to a duly adopted ordinance of the City or the City may perform the obligation on behalf of the Permittee and collect its costs in the manner herein provided. The Permittee agrees to waive any rights he or she may have under Section 31-20-105, C.R.S., based on the City s lack of an enabling ordinance authorizing collection of this specific debt. 8. Assignment. Prior to the any assignment of the this Permit the Permitee will request the prior approval of the city manager. The purpose of the city manager s approval will be to ensure that the requirements of this permit continue to be in compliance with this permit.

Tagged Passions:compliance, administrator, manager, ordinance, encroachment, emergency, and events

9.
Construction and Maintenance. The Permitee agrees to construct and maintain the Encroachment as approved by this Permit with due caution and regard for the City of Boulder and public use of the public right of way. The City shall not be responsible for any maintenance of the Encroachment.

No additional detail provided

Tagged Passions:encroachment and construction

10.
Insurance. Prior to granting of this Revocable Permit for constructing the Encroachment, the Permitee shall submit to the City insurance policies or Certificates of Insurance as evidence of compliance with the provisions of this paragraph and subject to approval by the City. Permitee shall, at Permitee s sole expense, procure and maintain or cause to be procured and maintained with insurers approved by the City a comprehensive general or personal liability insurance policy with minimum limits of 1 million per occurrence and a 2 million aggregate. Subrogation shall be waived in favor of the City. This policy shall name the City of Boulder and its elected officials and employees as additional insured. The Permitee agrees that the above stated policy limits shall be raised to meet any additional coverage necessitated by amendments to the Colorado Governmental Immunity Act that may expose the City to judgments greater than the insurance coverage required herein.

This policy shall be written on a primary basis, non-contributory with any other insurance coverages and/or self-insurance carried by the City. This policy shall be maintained in full force and effect for the duration of the Permit. Permitee or Permitee's insurance broker shall notify the City of any cancellation or reduction in coverage or limits of any insurance policy within 7 (seven) days of receipt of insurers' notification to that effect. Permitee shall forthwith obtain and submit proof Attachment A - Proposed right-of-way permit Item 3D - Avalon Ballroom right-of-way permit City Council Meeting Page 33 of 1314 of substitute insurance in the event of expiration or cancellation of coverage and shall provide the City with an updated Certificate of Insurance annually.

Tagged Passions:compliance, policy, encroachment, insurance, grant, and events

11.
Indemnification. The Permitee agrees to indemnify and hold harmless the City from and against all claims, suits, losses, and expenses in any manner resulting from, arising out of, or connected with the construction, use, operation or maintenance of the Encroachment.

No additional detail provided

Tagged Passions:encroachment and construction

12.
Assumption of Risk. The Permitee assumes the risks and accepts all liability and damage that may occur as a result of the City, its agents or contractor s work in the public right of way.

No additional detail provided

Tagged Passions:risk

13.
Renewal. This Permit may be renewed at the end of its term in the sole discretion of the City, upon payment of the current fees, if renewal is determined to have no adverse impact on the public.

No additional detail provided

14.
Binding Provision. The provisions of the Permit shall be binding upon the parties hereto and upon their respective heirs, successors, and assigns.

15. Compliance with All Laws and Regulations. The Permitee shall comply with all state and local laws and regulations, including all requirements of the Boulder Revised Code and the Colorado State Department of Transportation.

Tagged Passions:transportation, compliance, and regulation

16.
Additional Standards: No less than 10 electric charging stations shall be made available for public use at no charge. The charging stations shall be removed if the adjacent property is annexed into the city.

Attachments: Legal Description of Permittee s Property Improvement Location Certificate/Report of Survey

Tagged Passions:property, legal, annexation, Electric Vehicles, and electric

Certificate of Insurance

Tagged Passions:insurance

DATE OF ISSUANCE: _________________

EXPIRATION DATE: _________________ Attachment A - Proposed right-of-way permit Item 3D - Avalon Ballroom right-of-way permit City Council Meeting Page 34 of 1314

PERMITEE: Boulder Dance LLC

Tagged Passions:arts

By: Signature: _________________________ Printed Name: ______________________ Title: ______________________________

STATE OF COLORADO ) ) ss.

COUNTY OF BOULDER )

The foregoing instrument was acknowledged before me this ______ day of _______________,20__, by _______________________, as____________________________________________________________.

WITNESS MY HAND AND NOTARIAL SEAL: My Commission expires: ______________________

(SEAL) _____________________________ _____________________________ Notary Public APPROVAL: ______________________________________________ Jane S. Brautigam City Manager Attachment A - Proposed right-of-way permit Item 3D - Avalon Ballroom right-of-way permit City Council Meeting Page 35 of 1314 Legal Description A part of the Southeast l/4 of the Southeast of Section 27, Township l North, Range 70 West of the 6th P.M., described as follows:

Tagged Passions:boards and commissions, administrator, legal, and manager

Commencing at the Southeast corner of the Southeast 1/4 of said Section 27: thence North

0
19'40 West, along the East line of the said southeast 1/4, 87.50 feet: thence South 8 40' 45

No additional detail provided

West, along the North line of State Highway No. 7 right-of-way (parcel No. E-35), 513.00 feet to

the TRUE POINT OF BEGINNING: thence South 89 40' 45 West, along the said North line of State Highway No. 7, right-of-way, 400.00 feet: thence North 0 19 0 West, parallel to the East line of the said Southeast 1/4 of said Section 27, 310.00 feet: thence North 89 40' 45 East ;
Tagged Passions:property

parallel to the said North line of State Highway No. 7, right-of-way, 400.00 feet: thence south 0

19' 40 East, parallel to the East line of the said Southeast 1/4 of said Section 27, 310.00 feet to the TRUE POINT OF BEGINNING. Attachment A - Proposed right-of-way permit Item 3D - Avalon Ballroom right-of-way permit City Council Meeting Page 36 of 1314

CITY COUNCIL AGENDA ITEM COVER SHEET

MEETING DATE: June 19, 2018

AGENDA TITLE Consideration of a motion to approve an Intergovernmental Agreement for Law Enforcement Response PRIMARY STAFF CONTACT Laurie Ogden REQUESTED ACTION OR MOTION LANGUAGE Consideration of a motion to approve the City Manager's signature, Jane Brautigam, on the Intergovernmental Agreement between the City of Boulder Police Department and Open Space Mountain Parks Department and the Boulder County Sheriff's Office. BRIEF HISTORY OF ITEM This IGA is an update to an existing intergovernmental agreement with the Boulder County Sheriff's Office regarding jurisdiction and expectations in responsibilities with new language including Open Space and Mountain Parks regarding parking enforcement. ATTACHMENTS: Description Memo and Attachment
Tagged Passions:administrator, public safety, manager, intergovernmental, history, and parking

City Council Meeting Page 37 of 1314

No additional detail provided

CITY OF BOULDER CITY COUNCIL AGENDA ITEM

MEETING DATE: June 19, 2018

AGENDA TITLE: Motion for approval of an Intergovernmental Agreement between the City of Boulder Police Department and Open Space and Mountain Parks Department and the Boulder County Sheriff s Office. PRESENTER/S Jane S. Brautigam, City Manager Greg Testa, Chief of Police Carey Weinheimer, Deputy Chief
Tagged Passions:parks, administrator, public safety, manager, and intergovernmental

EXECUTIVE SUMMARY

The City of Boulder Police Department (BPD) and the Boulder County Sheriff s Office (BCSO) are separate entities with a close working relationship. Both agencies want to provide the city and county of Boulder with the highest quality of public safety possible. This agreement is designed to establish the working relationship between BPD and BCSO. It is the reauthorization of a prior Intergovernmental Agreement (IGA) with BCSO. The updated agreement clarifies agency responses to the Boulder County Justice Center with additional language authorizing Open Space and Mountain Parks (OSMP) to write county parking tickets near trailheads, parking lots, etc.
Tagged Passions:public safety, intergovernmental, and parking

Each agency is responsible for their own calls for service, traffic accidents and follow-up investigations unless requested to do otherwise. Both agencies agree to share information that may impact their respective jurisdictions.

Tagged Passions:traffic

Item 3E- Boulder County Parking Enforcement IGA City Council Meeting Page 38 of 1314

Tagged Passions:parking

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