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04.01.2015 BJAD Packet Boulder Junction Access District (BJAD) Joint Commission Meeting – Parking and TDM April 1, 2015 9 to 11 a.m. Council Chambers, 1777 Broadway AGENDA 1. Swearing in of New Commissioner –Hyde-Wright 2. Roll Call BJAD TDM: Pedersen, Pawlowski, Koval, Hyde-Wright, Osborne BJAD Parking: Pedersen, Shanahan, Koval, Wells, Osborne 3. Approval of the March 4, 2015 Meeting Minutes 4. Disclosure of Conflicts of Interest 5. Public Participation 6. Update on Non-Material Amendments to Depot Square Agreements - Haddock 7. Matters from Commissioners Status of Projects – Andy Bush Recommendation to RTD Regarding Naming of “Depot Square Transit Center at Boulder Junction” 8. Matters from Staff Update on Depot Square Garage Gate Access System Update on Eco Passes and Car Share – Hagelin Update on TDM District Outreach: Google, the Reve and Steelyards BJAD Retreat in May? Attachments: Meeting Minutes Council/Commissioner Liaison List 2014 Year End Financials Memorandum from City Attorney’s Office Regarding Depot Square Agreements Upcoming Meetings/Topics th AMPS Study Session: May 26 BJAD Retreat thth City Council Study Session – 30 & Pearl City-Owned Site Options: July 28, tentative Commissioner TermsBJAD 2015 Priorities : : TDM Commission Term Expires John Pawlowski 3/2018 Property Owner/Rep - Boulder Junction’s new community implementation Scott Pedersen 3/2017 Property Owner/Rep - Planning on Pollard site John Koval 3/2016 Property Owner/Rep - Installation of quiet zones Alex Hyde-Wright 3/2020 Citizen at Large - “Last mile” transportation strategies Susan Osborne 3/2019 Citizen at Large - Council / Commission knowledge collaboration - BJAD two boards’ consolidation potential Parking CommissionTerm Expires - Informational sessions with City Council Jeff Shanahan 3/2018 Property Owner/Rep Scott Pedersen 3/2017 Property Owner/Rep Property Owner/Rep John Koval 3/2016 Citizen at Large Thomas Wells 3/2020 Citizen at Large Susan Osborne 3/2019 CITY OF BOULDER, COLORADO BOARDS AND COMMISSIONS MEETING MINUTES FORM NAME OF BOARD/COMMISSION: BOULDER JUNCTION ACCESS DISTRICT NAME/TELEPHONE OF PERSON PREPARING SUMMARY: Ruth Weiss – 303-413-7318 NAMES OF MEMBERS, STAFF, AND INVITED GUESTS PRESENT: TDMPedersen, Pawlowski, Koval, Shanahan (absent), Osborne : BOARD MEMBERS: Parking: Pedersen, Shanahan (absent), Koval, Sutherland (absent), Osborne STAFF: WINTER, MATTHEWS, WEISS, HAGELIN GUESTS: BRETT WOOD TYPE OF MEETING Regular March 4, 2015 : AGENDA ITEM 1 – Roll Call: Meeting called to order at 9:25 a.m. AGENDA ITEM 2 – Approval of the February 4, 2015 Joint Meeting Minutes (Action Item Below) AGENDA ITEM 3 – Disclosure of Conflict of Interest: Completed. AGENDA ITEM 4 – Public Participation: None AGENDA ITEM 5 – Update Demonstration of the Park+ Model – Brett Wood, Kimley Horn: Matthews introduced Brett Wood, Kimley Horn who developed an interactive computer model to project development in Boulder Junction and associated access demand. Winter said that uses need to be determined to generate what we anticipated could be the demand and then figure out how to address it. Wood said that this is a tool to give staff a means to monitor Boulder Junction as it develops. Wood gave a PowerPoint presentation on the Boulder Junction Park+ model along with historical details on this parking demand/travel demand software. Planned development included the hotel and several mixed use developments in the area. Conceptual build out was done with anticipated development. Koval offered that there is a misconception that Google, which is outside the district, will have sufficient parking when finished. Wood continued with the presentation, the Solana residential development will use the parking garage for their visitors and overflow resident permits. Osborne said the Form Based Code project in Boulder Junction can be tested against the model. Winter said it’s not all about parking; it’s also looking at multi modal solutions. Koval said that graphically the map was difficult to understand. Winter offered that the presentation is a planning tool, not for the public. Osborne said the presentation should show building footprints accurately. Wood said that the maps showed the demand in the parking lots and mentioned today’s staff training to learn to use the model and associated details. Parking demand and travel access was discussed related to the Park+ software. AGENDA ITEM 6–Matters from the Commissioners: Thanks were expressed to Bob Sutherland for his time on the commission. Pawlowski said he will be missed. Osborne said that she and Pedersen sat in on interviews at the Form Based Code consultant interviews last week and they were impressed. Codeametrics and Victor Dover were present at this meeting. Assefa will decide on the firm shortly. Koval said that the process used to move Boulder Junction out of the height moratorium was not done appropriately and suggested sending a motion to council regarding the actions by Planning Board and the use of advisory commissions in decision making since they are directly involved in the district. Koval went to the council meeting and spoke as a citizen, offered that there has been a huge investment in this area, and BJAD Joint Commission is here to help and should be consulted. Pawlowski said that communications in the newspapers about announcements of controls and changes before city council reviewed it was confusing, agreed with Koval, and continued that it was poorly handled. Osborne said that the height moratorium was presented to city council by David Driskell and council asked the Planning Board for their view on this matter. Council took Planning Board’s advice and modified it since council is the decision maker. Osborne thought the outcome was fine, there is a lot of development happening in Boulder and a time out is needed. Osborne continued that most of the zones in Boulder Junction are two, three and four stories. Pedersen commented that anytime a moratorium has to be enacted, the city has failed. Pedersen believes that the moratorium was incited by the public. Koval said downtown was cut out of the exemption and it will impact the Civic Area Plan now with the height moratorium. 1 Boulder Junction Access Boards Parking and Travel Demand Management (TDM) made the following motion at their meeting on March 4, 2015, and asked that it be shared with City Council: The BJAD Commissions appreciated Council’s action to exempt Boulder Junction from the temporary moratorium regarding building height. During the process leading up to the decision, the BJAD feels that City Council would have benefited from consulting all the impacted city advisory boards and commissions in order to have received more well- rounded input on a variety of issues that may informed the decision. BJAD Parking Commission: two in support (Koval, Pedersen), one opposed (Osborne); BJAD TDM Commission: three in support (Koval, Pedersen and Pawlowski), one opposed (Osborne). Pedersen is working towards closing on the parking unit in Depot Square and mentioned documents required by the lender to close. Pedersen continued with details on closing process. Warranty Deed and Title Commitment needs to be reviewed by the executive team prior to closing. Pedersen commented on the requirements in the Purchasing agreement, and requested help from the city attorney to work these items out. Pedersen asked that the board assist with closing items such as approval st to close and that the district wants to buy the structure. Pedersen requested a meeting with attorneys and input at the April 1 board meeting. Winter said an update will be provided at the April meeting. Osborne queried RTD and bus scheduling through Boulder Junction. Osborne questioned what the board can do to assist with RTD direction. AGENDA ITEM 7– Matters from the Staff: Winter and Go Boulder are meeting with Steelyard representatives regarding a residential parking permit program and potential TDM district. Winter is working on setting up meeting with Google and the Reve project regarding the potential of joining the BJAD TDM district. A retreat in May, perhaps at the Hyatt and followed by a social hour. Koval gave kudos to Alex May and his group on the well done street and bridge work. Meeting adjourned at 11:09 a.m. ACTION ITEMS: MOTION: Osborne motioned to approve the February 4, 2015 meeting minutes with corrections by Osborne. Koval seconded the motion. The motion passed unanimously 4 -0. MOTION: The BJAD Commissions appreciated Council’s action to exempt Boulder Junction from the temporary moratorium regarding building height. During the process leading up to the decision, the BJAD feels that City Council would have benefited from consulting all the impacted city advisory boards and commissions in order to have received more well- rounded input on a variety of issues that may informed the decision. BJAD Parking Commission: two in support (Koval, Pedersen), one opposed (Osborne); BJAD TDM Commission: three in support (Koval, Pedersen and Pawlowski), one opposed (Osborne). FUTURE MEETINGS: April 1, 2015 Council Chambers Regular Meeting APPROVED BY: BOULDER JUNCTION ACCESS DISTRICT JOINT COMMISSION Attest: Ruth Weiss, Secretary Scott Pedersen, Chair - Parking ___________________________________________ John Pawlowski, Chair - TDM 2 2015 City Council Members Liaison List Matt Appelbaum - Sutherland Macon Cowles – Koval Suzanne Jones - Koval George Karakehian - Sutherland Lisa Morzel – Pawlowski Tim Plass - Shanahan Andrew Shoemaker - Pedersen Sam Weaver - Osborne Mary Young - Osborne C I T Y O F B O U L D E R, C O L O R A D O Office of the City Attorney Municipal Building 1777 Broadway Post Office Box 791 Boulder, Colorado 80306 Telephone (303) 441-3020 Facsimile (303) 441-3859 MEMORANDUM TO: Boulder Junction General Improvement District - Parking FROM: Kathy Haddock RE: Update on non-material amendments to Depot Square agreements to accommodate developer permanent financing DATE: March 24, 2015 The following is an update on each individual agreement for which the developer has requested amendment regarding Depot Square. We have requested changes so that none of the changes are material, so they do not require formal approval. If we learn anything different, particularly anything that would lead to requiring formal board approval, I will advise at the meeting. If necessary, I will provide any legal advice to the non-conflicted commissioners, in writing before the meeting. Note, Deed of Trust and Acknowledgement of Assignment The original agreements contemplated that the note and deed of trust security BJAD-P’s obligation to pay for the 100 BJAD-P parking spaces would be assigned to the permanent financing lender. That lender has asked for changes to the agreement that had previously been approved by the Board for the closing on the Depot Square property in July, 2013. The biggest issue was the bank wanting to protect its right to foreclose and wanted to change the partial release of deed of trust mechanism we had established. BJAD-P needed the partial releases to be consistent with TABOR requirements (Taxpayer Bill of Rights, Article X, Sec. 20, Colo. Const.) Because the condo map needs to be amended to confirm to construction of the buildings, the issue was solved by the condo map subdividing the GID Parking Unit into 7 separate units so that the deed of trust could be released on the portion paid for as BJAD-P makes payments. The remaining issue to be resolved is to protect the Parking Management Agreement as a lien prior to the loan and not extinguished in the event of foreclosure. 1 \bjad re changes to agts for perm fin-1699 april s:\cmo\duhmdps\boulder junction\bd - mtgs\2015\attachments mtg.docx Depot Lease The Lease signed with Boulder Roadhouse LLC conflicts with the Lease from the City to 3001 Pearl in several ways. It also conflicts with the condo decs for use of the common areas. I have proposed changes so that the sublease is consistent with the lease and the decs. If we cannot reach agreement, material changes will have to be approved by the City Council rather than the Board of BJAD-P. Parking Management Agreement RTD has determined that the parking system can identify RTD Users, who RTD will not charge for parking, sufficiently so that the top part of the parking structure does not have to be reserved for RTD, and parkers up to the allotted RTD amount at one time can park anywhere in the garage. Therefore RTD wants to amend the Parking Management Agreement to remove the separate RTD spaces, but still has not agreed to charge those users even though the statute was changed to allow them to charge. However, RTD wants to be able to post signs of its rules throughout the garage. I have proposed requiring RTD to coordinate with the condo board when RTD rules may be different from garage rules so that there are not conflicting signs posted by separate entities throughout the garage. If you have any questions, or would like to review the redlined documents, please let me know. haddockk@bouldercolorado.gov or (303) 441-3873. 2 \bjad re changes to agts for perm fin-1699 april s:\cmo\duhmdps\boulder junction\bd - mtgs\2015\attachments mtg.docx