Loading...
07.17.13 UHCAMC Minutes CITY OF BOULDER, COLORADO BOARDS AND COMMISSIONS MEETING MINUTES FORM NAME OF BOARD/COMMISSION: UNIVERSITY HILL COMMERCIAL AREA MANAGEMENT COMMISSION NAME/TELEPHONE OF PERSON PREPARING SUMMARY: Ruth Weiss – 303-413-7318 NAMES OF MEMBERS, STAFF, AND INVITED GUESTS PRESENT: COMMISSIONERS: DAHL, RAJ (late arrival), WINER, MITCHELL (late arrival), GRIFFITH STAFF: WINTER, LANDRITH, WEISS, GOSAGE, LANDRITH, JOBERT, MATTHEWS, GUESTS: GLENN MAGEE, SAM VEUCASOVIC, MARK HEINRITZ, CHRIS SCHAEFBAUER, MICHAEL P. ABSALOM, BILL SHRUM TYPE OF MEETING: Regular MINUTES MEETING: July 17, 2013 AGENDA ITEM 1 – Roll Call: Meeting called to order at 9:06 a.m. AGENDA ITEM 2 – Committee Assignments: Griffith offered to be on Budget Committee. AGENDA ITEM 3 - Approval of May 9, 2013 Minutes: (See Action Item Below): AGENDA ITEM 4 - Police Update: Gosage mentioned that it has been a quiet summer, up 3% in overall major crime with sex assaults up 400% from last year; burglaries are down from last year especially since the students are gone and th doors are not open; 4 of July was very busy on the hill; and, a large party was discussed. Dahl commented that her employees were commenting that since it was quieter there appeared to be more police harassment. Winer questioned safety concerns and the incoming class. Gosage replied that there will be marketing and door to door meetings to pass on message. AGENDA ITEM 5 –Public Participation : None AGENDA ITEM 6: Council Chamber Remodel: Magee approached the podium to discuss the remodel of the space and offered that a consultant, K2, was hired; there is a package of upgrades to include audio, visual, digital, and greater microphone control. Magee continued with the new dais set up, a meeting room creation along with another CAO office, other security measures in place, design plans also include getting the public more engaged with council and vice versa. Griffith offered that IPad docking stations would be appreciated. Magee agreed with Griffith and offered that there are lots of options available and is concerned that there is not enough desk space to accommodate appropriately. Winer asked about how it will work with construction from November to January. Magee replied that other rooms will be used and it is planned to start in November. Griffith suggested using hill locations/businesses for meetings. Magee offered that six more board presentations are planned and going to council in August with plans. AGENDA ITEM 7 –Proposed 500’ Alcohol Rule and Alcohol Land Use Definition Options : Winter mentioned that this will be going to many boards for their comments and there will be a first reading on 9/17 with city council. Winter continued that there are two separate types of changes. Land use changes apply citywide; page 5 shows the options; interpretation of uses; hill is BMS zoning; land use changes include restaurants that are required to close at 11 pm as a conditional use; those open past 11 pm and there will not be any additional restaurants permitted after Midnight on the hill; taverns would not be permitted on the hill and brew pubs would have a conditional use; and, retail liquor license stores were discussed. Winter continued that it gives more flexibility to the licenses allowed. Winter mentioned the 500 Foot Rule changes which impacts the hill and some peripheral locations; may grandfather in existing licenses but one option no new licenses would be granted; and there is a lot of detail per Winter. th Mark Heinritz, The Sink, 1165 13 Street, Boulder, approached the podium and offered it was interesting to hear the consultant talk about chamber AV upgrades because they had a plan with a defined purpose and an expected outcome, and they filled in the blanks on how they were going to get there, and what could be expected when they were done. Heinritz commented that was not done in this entire process. He continued that there have been a string of public meetings for 18 years with no real focus on the issue except for overconsumption of alcohol in our community. Heinritz continued that there has been no analysis of the issue to date on what effect these changes will make and we don’t know what we are stepping into and yet, language has been drafted to vote on in November. Heinritz continued that a third option should be a hotel liquor license on the hill. Heinritz offered that it seems preordained that this is going to happen, decision has been made, stay out of the way, we know what’s best, and it is insulting. The question should be to find out if hill liquor licenses are a contributing aspect and advise city council that this is inappropriate. Griffith questioned Heinritz that if he were to design a study to understand the impact of the bars and restaurant, what would he recommend? Heinritz replied that he has done his own analysis, mentioned the differences of the licenses and the size of the establishments to hold people. Heinritz remarked on the crowd numbers from years ago and that today there are only 4 occasions that would draw a maximum of 900 people opposed to the 2 thousand people years ago. Dahl asked if the hill is being singled out. Heinritz remarked that the issue is broad and started out as to change alcohol on the hill. Winer questioned Heinritz as to how will the 500’ Rule long term impact the hill. Heinritz, as an operator, he constantly is on the defensive and it should be a matter of putting more energy into the hill. Raj questioned Heinritz’s solution on the hill would be and he replied that the problems needs to be separated to location, he empathizes with neighbors regarding noise, and mentioned that one - is for city council to personally lend their voices to support the hill and getting to know it; and two -, shifting the conversation to how to curb the egregious behavior. Heinritz would not be concerned with licensing on the hill as they are difficult to get. Heinritz said that understanding social norms is important and the 500’ Rule would do irreversible economic damage to the hill, the brand of the hill is so tarnished. Higher density on the hill would require more parking on the hill, a parking structure would be beneficial and can’t build it without demand and can’t get demand without a parking structure. Winter questioned Heinritz and a new type of license that would be beer and wine only and open to Midnight and its viability. Heinritz commented that for a smaller footprint place, it would be a perfect application but if you want another Aion, it would need the full alcohol availability and the rule would turn away larger operators. Beer and wine licenses were discussed. Chris Schaefbauer, President of Student Affairs, CU Student Government, 6175 Habitat Drive, Boulder, and served in the role as the director of Health and Safety and worked with a group to address this issue and looked at this problem with CU staff, students, residents, and there was a lot of consensus. Schaefbauer continued with the 500’ rule and its unintended consequences in the long term; if we continue to over regulate the hill and make it more difficult to come to the hill for businesses, good businesses will be driven away. Schaefbauer continued that as a student, it is important to have positive places on the hill to get together and alcohol is part of it; most heavy drinking happens on Pearl Street and in private residences and house parties; targeting the hill with this potential solution that does not solve the problem. Research has shown that highest risk drinking is done in houses and they drink more. The 500’ rule is concerning. Schaefbauer urged the commission to make statements about it and council needs a strong message, economics of the hill at risk and student safety is a concern. He continued with discussing definitions and offered that before you have definitions, consequences needs to be understood, and so if you have definitions without consequences, it seems unfair for businesses if you don’t know what will come. So, to have no more restaurants on the hill, in order to get rid of liquor, it is proposed to have no more restaurants and removing food from the equation will bring more harm. There should be more restaurants open after 11 pm and regulating restaurants to get rid of alcohol is backwards and alcohol should be focused. Creating polices for establishments to do well should be the focus and not creating polices to prevent people from doing things. Winter questioned the use of the word consequences of definition and Schaefbauer replied that the definitions need to be clear as to how they will be used. Griffith commented if there are commercial areas within other universities that have the same issues, is there a way to look at them. Winter does have more information on this issue. Griffith questioned the path from Pearl Street to the hill at night. Gosage replied with the streets typically taken and offered concern of the number of single intoxicated females out at night and walking. Mitchell offered that he has noticed an increase in the number of females walking alone at night in the last ten years. Winer questioned if increased lighting across the creek would help and Gosage replied that it could help. Winter questioned if there is an official position from student government, Schaefbauer offered that this is consistent with the student government position from last year. Schaefbauer is looking to do some research with students in this regard. Mitchell offered that this limit will drive more risk behavior house parties and believes the drinking laws are wrong and should be moved to 18, parents continue to buy homes for their students on the hill, existing businesses will form a monopoly and the good operators are induced to sell out, concurs with Heinritz, it creates crime and a mess on the hill, and cleaning up the aftereffects of weekend drinking is a start. Michael P. Absalom, 2638 Grapewood Lane, Boulder; president of the Responsible Hospitality Group and general manager with the Mountain Sun Restaurant Group, is very encouraged by the tone of this board. Absalom continued that in terms of definitions that every licensee in the State are defined as a license type and the City of Boulder is outside of their purview. The definitions they are trying to put forth are in place already set by the Colorado State Liquor Code. When the City of Boulder is trying to regulate alcohol, they are doing what the state has already done in the State Liquor Code. At the February 19 City Council meeting, council was concerned that there may be a tax on landlords and problem landlords pr problem residents. Things to address are the over consumption, council was concerned that students would be scared to all police, spend a lot of money and time to train staff how to serve people and watch safety, and the issue of the house parties are not being addressed. Raj offered that neighbors are concerned with noise and trash, and she is concerned that they are going about it the wrong way, but thinks the approach to shut down commercial establishments is not the way to go. Griffith offered that a door hanger could be distributed to residences with a phone number to give their voice to communicate, a hot line / website of sorts. Absalom mentioned that council requested more analysis and feedback from the community and suggested that everything discussed today is valuable and should be brought to council. . Bill Shrum offered that he was part of the stakeholder group and is extremely disappointed at the things that they were convened to discuss by council. As we all found some agreement on certain things, none of those things the groups found agreement on were in the packet. Finds it disappointing that no one from council was present at this meeting. This is the most impactful piece of legislation that council has potentially put forth on the hill. Shrum offered that he has seen more council members at UHNA meetings listening to the complaints of neighbors as opposed to an open public meeting to a commission that they assembled to gather feedback from the public. Shrum continued that he hopes council will read the minutes of this session. Shrum continued that the 500’ Rule and having a geographic solution for a health and safety issue is completely inappropriate. He continued that students are the most health impacted group involved in this issue and if we taking care of them, it needs to be citywide as they can acquire alcohol citywide. Raj commented that she agrees with Shrum and sees it as a behavior problem and how are we speaking to young people. Shrum replied that speaking to young people by the media focuses on ruckus induced fun with alcohol. Shrum suggested addressing alcohol health concerns together. Mitchell motioned to council: The University Hill Commercial Area Management Commission does not support the proposed changes to the 500 foot Rule; additionally, we recommend the solutions proposed include more consideration from the working groups and the individuals who presented testimony to us today, addressing education, prevention and enforcement. The proposed changes in the liquor code do not appear to us to adequately address the problem given the public testimony we received at our meeting today. Consideration of public input from the working groups and effected parties should be included. Further targeted analysis is needed in the following areas: economic impact to the hill, feedback from the students, impacts on public health, similar university’s solutions and proven results, before there are any new definitions are created. UHCAMC requests that City Council more carefully define the problem so that tailored solutions can be implemented. The motion was four in favor and Raj abstaining. Dahl offered that a relationship should be established between CU and Hill businesses. AGENDA ITEM 8 –CUSG Update : Shrum would appreciate UHCAMC support of his nomination in CU Student Government. AGENDA ITEM 9 – UHNA Update : None AGENDA ITEM 10 - Parking Services Update : Matthews commented that he hasn’t reviewed the construction on th College; has had a couple of service project requests to include sticker removal, paint railing along 13 Street and clean up of tree wells. Matthews continued that an RFP will go out today regarding pay by phone for parking. Winter mentioned that curb repair will take place. Raj questioned the tree grates and Matthews replied that tree grates allows for walk able space, allows water in and is a city standard. th AGENDA ITEM 11 – Matters from the Commissioners : Hill Flea is on August 17 on the hill. AGENDA ITEM 12 – Matters from the Staff: Landrith commented that the hill wall mural is back on track and Tyler Alpern, from the Libby Dorm at CU, and his director are in support and want to make it part of their syllabus for the start of the school semester and looking at an October date. We are applying for a Boulder Arts Commission grant that requires a commitment from a property owner that it will all be used. Fox Theatre will be a host for the AAA Music Radio th Convention. Live music stage will be set up on College between the alley 12th and 13, beginning Wednesday August 7 through the 9th with two hours of live musical entertainment each night. No alcohol service, just live music. Griffith offered that she has another woman interested in mural and discussed sister city and the mural. Winter – RSD is moving forward with discussion on the most effective legal process; Spark is moving forward with Shrum and Winer on the group and a legal firm is providing financial support and may be open by November; AMPS and a joint th board meeting on August 19 from 5:30 to 8 p.m. at Shine, Climate Commitment, Transportation Master Plan Update and Access Management and Eric Ameigh, senior project manager with the city, will be doing coordination and project