HomeMy WebLinkAbout7B - Boards and Commissions General Provisions (BRC Title 2)copy: Boulder Revised Code
Title 2
Agenda item: VII- B
CAO - Chapter 2-3, B.R C. 1981
TITLE 2 GOVERNMENT ORGANIZATION
Chapter 3 Boards and Commissionsl
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lAdopted by Ordinance Nos. 4629, 4651. Amended by Ordinance No. 4722. Derived from
Ordmance Nos. 2548, 3280, 3521, 3712, 3750, 3940, 3814, 3950, 3967, 4000, 4168, 4169,
4170, 4171, 4276, 4437, 4504.
2-3-1 General Provisions.
(a) The city council•
(1) At a regular meering before Apnl shall appomt members to crty boards and commissions,
who are city electors represenhng both sexes;
(2) May remove any member by ma~onty vote for conflict of interest v~olationl, any other
violation of applicable law, regularion, or policy, non-attendance to duty, failure to attend
three consecutrve regularly scheduled meetings wrthout a leave of absence approved by a
ma~ority of the board or comm~ssion, or any other cause; and
(3) Shall fill any vacancy for the remainder of its term.
(b) Each city board or commission shall.
(1) Hold regular monthly meetmgs;
(2) Keep mmutes of its meetings and records of rts transactions, which are pubhcly available;
(3) Appomt a chair, vice-chair, and secretary (who may be a crty employee),
(4) Conduct rts meetmgs under Robert's Rules of Order, Newly Revised (1981), uniess the
board or commission adopts other rules of ineehng procedure;
(5) Hold all meetmgs open to the pubhc, after full and timely notice of date, time, place, and
subject matter of the meering, and provide an opportumty far public comment at the meeting;
and
(6) Unless otherw~se provided by law, conduct all quasi ~udicial hearmgs under the
procedures prescribed by C~ter_ 1-3, "Quasi-Judicial Heanngs," B.R.C. 1981.
(c) Unless otherwise provided by law, three members of each board constitute a quorum, and each board
or commission shall act only on an affirmative vote of at least three members.
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(d) Unless otherwise provided by law, each crty board or comm~ssion is authonzed to:
(1) Hold special meehngs at any hme upon the call of a quorum and after at least twenty-four
hours' notice to members and as much pubhc norice as is practicable under the circumstances,
(2) Admmister oaths,
(3) Adopt rules mterpreting its legislative duties under this code and establishing procedures
in aid of its functions; and
(4) Issue subpoenas to requ~re the presence of persons and the production of wntings, papers,
books, documents, records, or tangible thmgs necessary to rts proceedings.
(A) The secretary of the board or commission shall issue subpoenas upon wntten
request therefor
(B) Subpoenas shall be served m accordance with the provisions of Colorado
Rules of Civil Procedure 45(c), except that no wrtness fees or mileage shall be
paid.
(C) No person shall fail to obey a subpoena issued by the board or commission.
(e) Except as otherwise provided by law, all members of crty boards and commissions shall serve wrthout
pay, shall serve unt~l their successors take office, and shall not hold any other office in the city, but the
secretary of any board or comm~ssion may be a crty employee.
( fl If a member of a city board or comm~ssion is present at a meehng and refuses to vote, the member's
vote shall be recorded in the affirmahve. No member is excused from votmg except on approvmg mmutes
of a meetrng that the member d~d not attend or on a matter creatmg a conflict of interest under Cha~ter 2_7,
"Code of Conduct," B R C. 1981, or on considerahon of such member's conduct m the busmess of the
board or commission.
(g) If a crty board or conumssion l~sted m this chapter, or the crty council, the Boulder Mumcipal Property
Authonty, or an advisory body to a general improvement district, gives posted not~ce of a public meeting
other than a notice required to be posted on affected property, m addrtion to any other place where such
notice is posted, the notice shall be posted on the bulletin board m the first floor lobby of the municipal
buildmg located on the southwest corner of Broadway and Canyon. It shall not be necessary for any of
these bodies to designate this place for postmg annually. Except m cases of emergency meetings, such
notice, if posted, shall be posted at least twenty-four hours m advance of the meetmg. Nohce posted
pursuant to this subsection shall be full and timely nohce, but no meetmg shall be deemed not to have been
preceded by full and timely notice merely because not~ce was not posted as allowed in this subsection so
long as fuil and timely notice was given by some other means.
1For prohibited conflicts of mterest, see Chapter 2-7, "Code of Conduct," B R.C. 1981.
Ordinance Nos. 5621 (1994); 7202 (2002).
2-3-2 Arts Commission.
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(a) The City of Boulder Arts Commission consists of five members appomted by the city council for five-
year staggered terms, all of whom are city electars.
(b) The commission's functions mclude wrthout hmitahon.
(1) To promote and encourage the development and public awareness of and interest in the
fine and performmg arts m the city;
(2) To advise the city council in connection with all matters relaUng to the artistic and cultural
development of the city;
(3) To perform such other funcrions associated w~th the arts as the council may from Ume to
time direct,
(4) To make recommendat~ons to the council with respect to annual budget appropnations for
the arts;
(5) To assist m the preparation of apphcat~ons for grants or other sources of fundmg for arts
programs for the city;
(6) To admmister the city arts grant program and other city arts programs pursuant to any
authonty provided therefor by ordmance of the council, and
(7) To advise and consult wrth local arts groups as reyuested by such groups or by the council.
(c) The commission is not authorized to ~ssue subpoenas
2-3-3 Beverage Licensing Authority
(a) The Crty of Boulder Beverage Licensing Authonty consists of five members serving five year
staggered terms all of whom are city electors The council shall appomt members at a regular meeting m
January of every year. The council shall ad~ust terms as needed to stagger the terms. Vacancies shall be
filled for the remamder of the term.
(b) The city manager shall serve as secretary to the authonty.
(c) The authority's fixnctions are•
(1) To grant or refuse applicahons for licenses to sell malt, vmous, or spirituous liquor and
fermented malt beverages and to operate a massage establishment,
(2) To conduct investigations,
(3) To suspend or revoke such hcenses for cause;
(4) To perform all other acts or duhes required to carry out the purposes of the state and c~ty
l~quor and fermented malt beverage hcensmg laws; and
(5) To perform all other responsibilities that the council may delegate to it.
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(d) The city manager shall issue all licenses granted by the authority upon receipt of the hcense fees
prescnbed by Sect~ons 4-20-2, "Alcohol and Fermented Malt Beverage L~cense and Apphcation Fees,"
and 4-20-12, "Local Improvement District Fees," B.R.C. 1981.
(e) Secrions 1-3-3, °Notice of Agency AcUon," 1-3-4, "Exception for Emergencies," and Subsechons 1 3-
5(al and (c), B.R C. 1981, do not apply to heanngs conducted by the authority.
Ordinance Nos. 5347 (1990); 5440 (1992).
2-3-4 Board of Building Appeals.
(a) The City of Boulder Board of Bu~ldmg Appeals consists of the five members of the Board of Zomng
Adjustment, who shall sit as the Board of Buildmg Appeals
(b) The chief city bu~lding officia] and the crty fire chief shall be advisory members of the board without
vote The city manager shall be secretary of the board.
(c) In addition to any other dut~es the council may prescr~be, the responsibility of the board is to hear
appeals by any person as provided m Chapters 10-2, "Housing Code," 10 _5, 'Building Code," 10-6,
"Electrical Code," 10-7 "Energy Conservation and Insulation Code," ] 0-8, "Fire Prevenhon Code," 10-9,
"Mechanical Code,"10-10, "Plumbing Code," 10-11, "Signs," and 10-12, "Mobile Homes," B.R.C. 1981.
Ordinance Nos. 5382 (1991); 7109 (2001).
2-3-5 Downtown Management Commission.
(a) The City of Boulder powntown Management Commission consists of five members appointed by the
city council for five-year terms. The commissioners who are first appomted shall be designated to serve
for staggered terms, so that the term of one commissioner exp~res each year. A member must wait one year
after termmating service to be ehgible for reappomtment, except for the commissioners first appomted and
members reappointed after a partial term of one year or less. Three members shall be owners of taxable
real or personal property located m the area contained m the Central Area General Improvement District or
representatives of owners of such property. Two members shall be cihzens of the city at large.
(b) The secretary of the commission may be a member of the comm~ssion or may be a city staff inember.
Three members of the commission constitute a quorum. An affirmative vote of at least three members is
necessary to authorize any action of the commission
(c) Annually, the commission shall select a chair and a vice-chair from among its members. The
commission may appoint such subcommittees and task forces as it deems appropriate The commission
shall consult regularly wrth the city manager m all matters relating to employees performing services for
the commission. The manager shall be the appointing authonty and shall determine the quahfications,
duties, performance evaluation, and compensation of all employees performing services far the
commission, after receivmg the adv~ce of the commission The manager shall appoint an executive
director of the commission to coordmate rts funcrions. The commission shall utilize the services of the city
attorney for such legal services as it may require, sub~ect to the provisions of Charter Sechon 85 "Crty
attorney," concernmg appomtment of spec~al counsel by the city council.
(d) The funchons of the commission are to.
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(1) Exercise, sub~ect to call up by the city council acring as the Board of Directors of the
Central Area General Improvement D~stnct as provided m subsection (e) below, and sub~ect
to the hm~tations of subsect~on ( fl below, the following powers of said Board of Directors m
furthering the purposes specified m Ordmance No 3644 (1970), as amended, to provide
parkmg and related improvements for CAGID:
(A) Acquisition, construction, mstallation, mamtenance, operation, improvement,
and repair of the improvements of CAGID and of all property, nghts, and
mterests incidental or appurtenant thereto;
(B) Management, control, and supervision of all of the business affairs of CAGID
and the mstallation, construction, operat~on, replacement, maintenance, repair,
and improvement of the property and improvements of CAGID;
(C) Determmat~on, imposrtion, redetermmahon, and revision of a schedule of
user charges for the use of the parking facilrties provided or furnished by CAGID,
as well as the determmahon of reasonable penalties, mterest, collechon costs, and
other charges for delinquencies m payment of such charges, followmg the
procedures of Subsections 8-4=15~(e), an~f~, B R.C. 1981, m so domg, but
nothmg in this section shall authonze the commission to set the times or rates for
on-street metered parkmg, or the fines or penalties for parkmg mfracrions
specified m Chanter 7-6, "Parkmg Infrachons," B.R.C. 1981,
(D) Hearing appeals pursuant to S_ubsection_8-4-16~, B.R C. 1981,
(E) Acceptance of responsibility to mamtam and repair public property located m
but not owned by CAGID that is beneficial to the purposes of CAGID;
(F) Contrachng with the crty to admmister CAGID's program and operahons;
(G) Copynghting designs used for or by CAGID;
(H) Leasing district parking fac~lihes, includmg, without ltmitat~on, retail space,
but no such lease shall be vahd if tax free bonds of CAGID for the construction
or acquisihon of the fac~lity are still outstanding and such lease would imperil tax
free status;
(2) Perform the duties of an adv~sory committee to the city council achng as the CAGID
Board of Directors as specified m Subsection 8-4-10 c, B.R.C. 1981;
(3) Exercise all powers given it by Chapter 4-11, °Mall Permits and Leases," B.R.C. 1981;
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(4) Function as an advisory body to the city council m the consideration or implementarion of
any downtown development authonty or urban renewal authonty having ~unsdiction over any
part of the Central Area General Improvement Distnct.
(5) In addition, the commiss~on shall be perxnitted, to the extent budgeted, to expend funds
appropriated to the commission for maintenance of data concerntng and for promotion of
events m CAGID. This power shall mclude, without limitation, coordination of efforts of
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merchants and property owners and promohon of common plans of action and facihtation of
transportahon, parkmg, urban des~gn, commumcations, and quality of life improvements in
CAGID. However, the commission shall not engage in any anticompehhve prachce or
discourage any person from locatmg any legal business m any particular place.
(e) Upon takmg action, the commiss~on shall forward a copy of its action to the city council, mcluding the
nature of the action and the reasons for takmg it and any conditions that the commission has imposed.
Such action shall take effect as provided by the commission At the next council meeting held at least five
days after delivery of the acUon to all council members, the council may call up the action for de novo
review, consideration, or heanng, which conshtutes a revocahon of the action. At the review,
considerarion, or heanng held on the achon, which shall be at the next meetmg of the council unless the
council by motion determmes otherwise, the council shall make a final decision concernmg what act~on
shall be taken.
(~ The commiss~on shall recommend to the city manager and the crty council, and the council shall
approve, a hne item budget. Sub~ect to city purchasmg procedures, the commiss~on may authorize
expenditures wrthm such line rtems, mcludmg, without hmitat~on, contracts for sernces. The commission
may not make any budgetary appropriat~on or encumbrance and shall not mcur any debt or purchase or
mrtiate construction of any parkmg, and all such matters are left m the full discrehon of the c~ty council. In
the event that the commission desires at any time to cease utihzmg the services of the city for any purposes
for which rt has contracted for such services, it wili present such ~ssue to the city council for final
determmation,
(g) The commission is authonzed to issue subpoenas only m quasi ~udicial proceedmgs.
Ordinance Nos. 4806 (1984); 5085 (1987); 5453 (1992).
2-3-6 Human Relations Commission.
(a) The Crty of Boulder Human Relations Commission consists of five members appomted by the city
council for five year terms, or as long a lesser term as possible m staggenng the terms, and mcludes as
much as practicable members reflectmg the various social, economic, ethnic, rac~al, and rel~gous
segments of the crty.
(b) Repealed.
(c) The functions of the commission are to foster mutual respect and understandmg and to create an
atmosphere conducive to the promohon of amicable relations among all members of the city's community,
to serve as a vehicle through which citizens can convey their suggestions on city policies with respect to
social problems, to be sensitive to the social needs of crtizens, and to advise and assist the city government
m relating human and social serv~ces to the needs of the city residents In addition to other tasks that the
city council may assign to it, the commission shall.
(1) Study, prepare, and recommend to the council a plan of long and short range pnorities and
specific legislation or programs to alleviate problems of human relations mcluding programs
admmistered by the city to promote better human relahons,
(2) Upon request of the council or the city manager or upon rts own initiative, advise the
council or manager on the social and human relahons impact of proposals to be acted upon by
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the council or upon ueas to wh~ch the council's attention should be directed;
(3) Develop and conduct programs and activities, alone or m cooperation with government
agencies or community groups, designed to mcrease good will among citizens of the city,
elimmate discrimmation, and open new opportunrties for all crtizens m all phases of
commumty hfe;
(4) Hold heanngs and issue orders as provided in Chapter 12-1 "Prohibition of
Discrimmation m Housing, Employment, and Public Accommodat~ons," B R C. 1981;
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(5) Advise, coordmate, and consult wrth the crty manager on programs and activities
concernmg the city's department of housmg and human services and the human rights
ordmance, Cha~ter 12-1 "Prohibihon of Discrimination m Housing, Employment, and Public
Accommodations," B.R.C. 1981, and complement and assist those programs and activities,
(6) Conduct pubhc hearings and mquire mto mcidents of division and conflict on issues of
human relations and attempt to correct them by issumg pubhc reports and recommending to
appropriate agencies, pubhc and pnvate, implementation of achons necessary or helpful to
eliminate such division and conflict; and
(7) Consider, mveshgate, study, and make recommendations regardmg any contemplated or
proposed act~on by any federal, state, or mumc~pal government, or any agency or
mstrumentalrty thereof, that may have an effect on human relahons m the community
Ordinance Nos. 4879 (1985); 4805 (1984); 5099 (1988).
2-3-7 Landmarks Preservation Advisory Board.
(a) The Crty of Boulder Landmarks Preservation Advisory Board consists of five members appointed by
the city council for five year terms, two of whom are architectural or urban plannmg professionals and
three of whom may be chosen without limitation The plannmg board shall appoint one of its members to
attend the landmarks board meetmg without a vote and advise the landmarks board.
(b) The board's responsibihties are•
(1) To mrtiate designations of landmarks and historic distncts;
(2) To hold public heanngs on proposed designation of landmarks and historic distncts and
approve, modify, or disapprove such proposals;
(3) To hold pubhc hearings on applicatrons for landmark alteration certificates and approve,
modify, or d~sapprove the applications; and
(4) To approve structures of h~stoncal, archrtectural, or aesthet~c ment and to encourage the
protection, enhancement, perpetuation, and use of any such structures
(c) The board is not authonzed to issue subpoenas.
(d) The mayor, with the consent of the city council, may appomt former board members as alternates to
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hear matters under Ch~er 10-13, "Historic Preservation," B.R.C 1981, when the mayor finds that there
is a conflict of mterest under Chapter 2_7, "Code of Conduct," B.R C. 1981 An alternate board member
may be appointed pursuant to the following standards and procedures.
(1) The board member with the conflict of mterest shall mform the board at a meeting prior to
the meeting when the ~tem where such conflict exists is to be cons~dered;
(2) If the board finds it necessary to appomt an alternate board member as set forth above, the
board shall request that the mayor appomt an alternate member from among the former
members of the board, and
(3) The altemate board members shall only be authorized to act upon the matters that have
been requested by the full board.
Ordinance No. 5712 (1995)
2-3-8 Library Commission
(a) The Libraty Commission of the Crty of Boulder consists of five members appomted by the crty council
for five year terms.
(b) The functrons of the commission are under the d~recrion of the city manager to control the operahons
of the public hbrary, leases of grounds or bu~ldmgs for library purposes, administration of books and other
resowces entrusted to the l~brary, and management and custody of real and personal property acquired by
loan, purchase, lease, gift, devise, or bequest for the library.
(c) The commission is authonzed to:
(1) Make and enforce all rules and regulahons for the admmistration, government, and
protecrion of the library and all real and personal property belonging thereto or loaned or
leased thereto;
(2) Admmister any trust created for the library;
(3) Define powers and prescribe duhes of all officers and employees of the library,
(4) Borrow, lease, purchase, and accept books, journals, publications, supplies, and equipment
for the library;
(5) Order payment from hbrary funds for any hability or authonzed expenditure of the hbrary,
(6) Establish hbrary branches and readmg rooms meehng the needs of the crty; and
(7) Make annual reports to the city council, mcluding a statement of the number of books and
penodicals on hand, the number of visitors, and such other information as the city manager
may request.
(d) The commission is not authonzed to issue subpoenas
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2-3-9 Open Space Board of Trustees.
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(a) Creation of the Open Space Board of Trustees~ There shall be an open space board of trustees
consistmg of five members appomted by the city council for five year terms. The members of the board
shall be residents of the city, shall not hold any other office m the city, and shall serve wrthout pay.
(b) Functtons of the Board: The open space board shall not perform any admimstrative funchon unless
expressly provided m this code. The board•
(1) Shall make recommendations to the c~ty council concernmg any proposed disposal of open
space lands pursuant to subsection (e) below;
(2) Shall make recommendations to the crty council concerning any expenditure or
appropnation from the open space fund pledged pursuant to the vote of the electorate on
November 7, 1967, November 7, 1989, and November 4, 1997, or proceeds of property
acquired with the assets of the fund,
(3) Shall make recommendations to the c~ty council concernmg any land that is to be placed
under the dtrection, supervision, or control of the department of open space and mountain
parks, mcluding, wrthout limitation, recommendat~ons concernmg use pohcies on, planned
uses of, and restnchons on uses of, open space land,
(4) Shall make recommendat~ons to the city council concernmg the open space program;
(5) Shall review the open space elements of the Boulder Valley Comprehens~ve Plan and
make recommendations concerning any open space related changes to the plan;
(6) Shall pursue vigorously the ~mplementarion of the open space elements of the Boulder
Vailey Comprehensive Plan and the acqmsition of addrtional property reqwred to fulfill the
goals of the open space program;
(7) Shall review the crty manager's proposed budget as it relates to open space matters and
submit its recommendahons concerning said budget to the city council;
(8) Shall make recommendations concernmg the grant or denial of any non-exclusive license
or permit m or on open space land,
(9) Shall make recommendahons concerning the mcurrmg of any indebtedness payable from
the open space fund, pursuant to Sechon 97, of the Charter of the city; and
(10) May prepare and submrt to the crty council, the city manager, or the open space and
mountam parks department recommendations on any other matter relatmg to the open space
program, and may request and obtam from the open space and mountam parks deparhnent and
the city manager informahon relatmg thereto
(c) Board Recommendations: The city counc~l, the city manager, and the open space and mountam parks
department shall not act on any of the matters set forth in paragraphs (b)(1) through (b)(9) above without
secunng a recommendation from the board as above provided; however, the council, the manager, and the
department may act on the matters set forth in paragraphs (b)(2) through (b)(9) above without a board
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recommendahon if the board fails to submit its recommendatron withm thirty days after request therefor is
made by the council.
(d) Open Space Purposes - Open Space Land. Open space land shall be acquired, mamtamed, preserved,
retamed, and used only for the followmg purposes:
(1) Preservation or restorahon of natural areas charactenzed by or mcludmg terrain, geologic
formation, flora, or fauna that are unusual, spectacular, histoncally important, scienhfically
valuable, or unique, or that represent outstanding or rare examples of nat~ve species;
(2) Preservation of water resources m their natural or tradihonal state, scenic areas or vistas,
wildlife habitats, or fragle ecosystems,
(3) Preservation of land for pass~ve recreahonal use, such as hikmg, photography or nature
studies, and, if specifically designated, bicycling, horseback riding, or fishmg;
(4) Preservation of agricultura] uses and land su~table for agncultural production;
(5) Utrlization of ]and for shapmg the development of the city, hmitmg urban sprawl, and
disciphnmg growth;
(6) Uhlization of non-urban land for spatial defimtion of urban areas;
(7) Utilizatton of land to prevent encroachment on floodplams, and
(8) Preservation of land for its aesthet~c or passive recreational value and its contnbuhon to
the quality of life of the community.
Open space land may not be improved after acquisition unless such improvements are necessary to protect
or mamtam the land or to provide for passive recreat~onal, open agncultural, or wildlife habitat use of the
land
(e) Disposal of Open S~ace Land:
(1) No open space land owned by the c~ty may be sold, leased, traded, or otherwise conveyed,
nor may any exclusive hcense or permit on such open space land be grven, until approval of
such disposal by the city counc~l Such approval may be given only after approval of such
disposal by the affirmarive vote of at least three members of the open space boazd of hustees
after a public hearing held with nohce published at least ten days in advance m a newspaper of
general circulation in the city, giving the location of the land in queshon and the intended
disposal thereo£ No open space land owned by the crty shall be disposed of unhl sixty days
following the date of city council approval of such disposal. If, withm such sixty-day penod, a
petition meeting the requirements of Section 45 of the Charter and signed by registered
electors of the c~ty to the number of at least five percent of the registered electors of the city as
of the day the petition is filed with the city clerk, requestmg that such disposal be submitted to
a vote of the electors, such disposal shall not become effective until the steps mdicated in
Section 46 and Section 47 of the Charter have been followed.
(2) This section shall not apply to agricultural leases for crop or grazmg purposes for a term of
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five years or less.
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(3) This sechon is to be construed liberally m favor of providmg opportunities for the citizens
of the city to refer measures proposing the disposal of any open space land.
(4) In makmg recommendat~ons to the city council regardmg acqwsirion or disposrtion of
open space land, the board shall cons~der the purposes set forth m subsection (d) above and
the followmg• _
(A) The land use goals of the city;
(B) The quality of life of the res~dents of the city;
(C) Land as a finite resource with limited carrymg capac~ty; and
(D) The potential cost to the city of the land after rts acquisrtion or dispos~tion
Ordinance No. 7291 (2003).
2-3-10 Parks and Recreation Advisory Board
(a) The Crty of Boulder Parks and Recreation Advisory Board consists of seven members, appomted by
the city council for five year terms.
(b) The city manager shall serve as secretary to the board.
(c) Four members of the board constrtute a quorum. The board may only act on an affirmative vote of at
least a ma~ority of al] members present at a meetmg. Three members of the board may call a spec~al
meehng
(d) The board's funchons aze:
(1) To approve or disapprove proposals concernmg the disposal ofpark lands and forward
such recommendahons to the city counml;
(2) To approve or disapprove expenditures or appropnations from the permanent park and
recreahon fund and forward such recommendations to the city council;
(3) To make recommendahons to the council concerning the grant or demal of any license or
permtt in or on park lands,
(4) To make recommendations to the council concernmg protection and maintenance of pazk
lands;
(5) To review the city manager's proposed annual budget relahng to parks and recreahon
matters and submit its recommendahons concerning that budget to the council;
(6) At the request of the council, the city manager, or the department of parks and recreahon,
to prepare and submit to the council, manager, or department, recommendahons on any
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addrtional park and recreation matters, and
Page 12 of 17
(7) To request mformation and recommendahons from the department of parks and recreation
pursuant to the provisions of Section_155_of the charter.
(e) The board is not authorized to issue subpoenas
Ordinance No. 5039 (1987).
2-3-11 Planning Board
(a) The City of Boulder Plannmg Board consists of seven members appomted by the crty council for five
year terms.
(b) The secretary of the board may be a member of the board or may be the city manager.
(c) Four members of the board consritute a quorum. An affirmarive vote of at least four members is
necessary to author~ze any action of the board
(d) The chair and at least two members may call special meetmgs.
(e) The board's funchons are those established m the charter, this code, and other ordinances of the crty,
mcluding, wrthout limttation:
(1) To review and approve or disapprove changes to the Boulder Valley Comprehensive Plan,
(2) To review and recommend to the city council regardmg proposed historic distncts as
prescnbed by Subsect~on 10-13-5~e~, B R.C. 1981;
(3) To review and recommend to the city council regardmg the crty's capital improvements
plan, and
(4) To perform all the funct~ons prescribed by Trtle 9, "Land Use Regulation," B.R.C. 1981.
Ordinance No. 4803 (1984).
2-3-12 Board of Zoning Adjustment and Building Appeals.
(a) The City of Boulder Board of Zoning Ad~ustment and Buildmg Appeals consists of five members
appointed by the city council for five year terms.
(b) The boazd's functions are to:
(i) Review and decide, at the request of any mterested person, any questton of interpretation
by the crty manager of Secrion 9_3.1-1, "Schedule of Permitted Uses of Land," or 9-3 2-1,
"Schedule of Bulk Reqmrements," B R.C. 1981,
(2) Hear and decide to grant or deny applicahons for vanances from the setback requirements
of Section 9-3.2_l, "Schedule of Bulk Requirements," B.R.C 1981, and the size and parkmg
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Page 13 of 17
setback requirements for accessory dwelling units of Section 9-3 4-12, "Accessory Dwelhng
Units," B.R C. 1981;
(3) Hear and decide referrals from the planning department or appeals from applicants or
interested parties regardmg changes or expansion in non-conforming buildings or lots, as
provided m Section 9-4-11,"Srte Review," B.R.C 1981;
(4) Hear and decide applicahons for except~ons under the solar access ordinance, Chapter 9-8,
"Solar Access," B,R.C. 1981;
(5) Hear and decide appeals of orders from the city manager under the sign code, Ch~ter 10-
11, "Signs on Private Property," B.R.C 1981,
(6) Sit as the Board of Buildmg Appeals pursuant to Sect~on 2-3-4 `Board of Buildmg
Appeals," B.R.C 1981; and
(7) Hear and decide such other matters as the city council may by ordmance provide
Ordinance Nos. 4803 (1984); 5034 (1987); 7109 (2001).
2-3-13 Firefighters' Pension Fund Board of Trustees.
(a) The Crty of Boulder Pirefighters' Pension Fund Board of Trustees consists of the mayor, the director of
finance and record, an appointee by the city council far a three year term, and three members of the fire
department hired before Apn18, 1978, elected for a term of three years by the members of the fire
deparirnent hired before Apn18, 1978. The board shall elect from rts members a pres~dent and a secretary.
(b) The board's funct~ons are:
(1) To supervise the city's and firefighters' contnbutions to the fund and the mvestment of all
momes m the fund;
(2) To hear and decide all apphcahons for relief or pensions from the fund.
(c) The decision of the board on such contributions and appl~cations for relief or pensions is fina] and
conclus~ve, unless the board grants a reheanng m a particular case.
(d) The board need not hold monthly meetings
(e) Four members of the board constitute a quorum, and the board shall only act on an affirmahve vote of
at least four members.
( fl The director of finance and record is ex-officio treasurer of the board.
(g) The board shall make all necessary rules and regulat~ons for managmg and dischazging its duries and
for its own government and procedure and for the preservation and protection of the fund.
(h) A record of all matters coming properly before the board shall be kept and preserved.
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CAO - Chapter 2-3, B.R.C. 1981
Ordinance No. 4995 (1986).
2-3-14 Transportatiou Advisory Board
Page 14 of 17
(a) The Crty of Boulder Transportarion Advisory Board consists of five members appointed by the crty
council for five year terms.
(b) The responsibihties of the board are•
(1) To advise the city manager, the plannmg board, and the city council concerning any
transportation matter, except as set forth m subsection (c), below.
(2) To review all city transportation env~ronmental assessments and capital improvements.
(3) To review, momtor, and propose changes to the Transportahon Master Plan for the
Boulder Valley, includmg, without hmitat~on, pohcies for automobiles, pedestrians, bicycles,
transrt, parkmg, and greenways
(4) To work with mdividual cirizens, neighborhood groups, and transportarion staff to develop
and recommend critena by which to guide neighborhood traffic mrtigation projects.
(5) To advise the crty council and the plamm~g board concernmg alternative transportation
programs and to track the modai shift goal of the transportation master plan.
(6) To review and provide recommendations to the crty manager concerning pohcy issues on
operating programs, mcludmg, wrthout l~mrtat~on, traffic engmeering, parkmg, and alternatrve
transportation.
(c) The board shall not mvolve itself m any review under the land use regulation, Title 9, "Land Use
Regulation," B.R.C. 1981, unless its opmion is requested by the city council
(d) Pnor to making any recommendation, the board shall hold a pubhc heanng
(e) The board is not authonzed to issue subpoenas.
Ordinance Nos. 5216 (1989); 5506 (1992).
2-3-15 Water Resources Advisory Board
(a) The City of Boulder Water Resources Advisory Board consists of £ive members appomted by the city
council for five-year terms.
(b) The responsibilities of the board are to advise the city manager, the plannmg board, and the city
council concernmg the following water resources matters managed by the utihties division:
(1) To review all environmental assessments and caprtal improvements conducted or proposed
by the utilities drvision.
(2) To review, momtor, and propose changes to the city's raw water, treated water, wastewater
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and flood control master plans.
(3) To review and provide recommendations to the city manager concernmg pohcy issues on
operahng programs, mcluding, without limrtation, water conservation, water treatment plant
residuals, wastewater treatment plant biosolids disposal, and water quality.
(c) The board shall not mvolve rtself m any review under the land use regulahon, Tttle 9, "Land Use
Regulation", B.R C. 1981, unless its opmion ~s requested by the city council.
(d) Prior to making any recommendation, the board shall hold a public hearing.
(e) The board is not authorized to issue subpoenas.
Ordinance Nos. 5516 (1992); 5789 (1996).
2-3-16Environmental Advisory Board
(a) The Crty of Boulder Environmental Advisory Board consists of five members appomted by the city
council for five-year terms.
(b) The responsibihties of the board are:
(1) To advise the city council and the crty manager concerning waste management and
recychng, energy efficiency, environmental risks, and pollution control, except as already
assigned to other boards and commissions.
(2) To advise the crty counc~l concernmg an appropnate advocacy role for the city m state,
regional and federal environmental matters
(3) To advise the affected board and the c~ty council concernmg the effects on the
environment of any proposed c~ty master plan or revis~on.
(c) The board shall not become mvolved in an environmental issue not spec~fied by subsection (b) of th~s
sechon except as authorized by the city council.
(d) The board shall not mvolve itself in any review under the land use regulations, Title 9, "Land Use
Regulation," B R.C. 1981, unless rts opmion is requested by the city counc~l.
(e) The board shall not become mvolved in city environmental assessments unless requested to do so by
the city council.
(~ Prior to making any recommendat~on, the board shall hold a public heanng
(g) The board is not authorized to issue subpoenas
Ordinance No. 5505 (1992).
2-3-17 City of Boulder Public Access and Educational Channel Advisory Commission.
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CAO - Chapter 2-3, B.R.C. 1981 Page 16 of 17
Repealed
Ordinance Nos. 5705 (1995); 5859 (1997).
2-3-18 Downtown Design Advisory Board
(a) The City of Boulder powntown Design Advisory Board consists of five members appomted by the city
council for five year terms, at least two of whom are design professionals and three of whom may be
chosen wrthout hmitation. The purpose of the board is to encourage thoughtful, well-designed
development projects that are sensrtrve to the character of the downtown
(b) The board's funchons are to.
(1)Review pro~ects for compliance with the Downtown Urban Design Plan (1986), adopted by
Ordinance No. 5013, and provide comments to persons responsible for designing and
developing downtown pro~ects havmg a valuahon of $10,000.00 or more involving the
construction of a new buildmg or extenor work on an existmg buildmg;
(2)Review pro~ects for comphance w~th the Downtown Urban Design Plan, adopted by
Ordmance No. 5013, and provide comments to persons responsible for designmg, developing,
and approvmg downtown pro~ects that require a discrehonary development review, pursuant
to Chapter 9-4, "Land Development Review," B.R.C.1981; and
(3)Advise and make recommendations for approval or disapproval of amendments to the
Downtown Urban Design Plan (1986) to the plannmg board, the city manager, and the crty
council
(c) The board shall use the guidelmes set forth m the Downtown Urban Design Plan (1986) to review
projects m those areas described on the "Downtown Area Map" as the histonc commercial area, the non-
historic downtown area, and the interface area.
(d) Projects that require a review by the Landmarks Preservation Advtsory Board are exempt from a
review by the Downtown Design Adv~sory Board.
(e) The board shall not mvolve rtself m any review under Titles_8, "Parks, Open Space, Streets, and Public
Ways," 9, "Land Use Regulation," or 10, "Structures," B R C. 1981, unless rts opmion is requested by the
planning board or city council.
(fj Prior to making any recommendation, the board shall hold a pubhc heanng.
(g) The board is not authorized to issue subpoenas.
Ordinance No. 5963 (1998).
2-3-19 Resident Commissioner for the Housing Authority.
Pursuant to Section 29-4-205, C.R.S., the city council is permitted to provide for the appointment of
commissioners of the Housmg Authority of the City of Boulder, also known as Boulder Housmg Partners
One of such commissioners is required by federal regulationf'` to represent the residents of Housing
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CAO - Chapter 2-3, B.R C. 1981
Page 17 of 17
Authonty facilihes, and it is preferable that the Resident Comm~ssioner be elected by the residents of
Housing Authonty fac~lit~es. Accordmgly, the crty council hereby designates the President of the Resident
Representative Council of the Housmg Authority, certified from hme to time by the Board of
Commissioners of the Housmg Authority, as the Resident Representative Commissioner member of the
Board of Comm~ss~oners. The mty council further determmes that Resident Commissioner should serve
for whatever term such person serves as President of the Resident Representative Council, notwithstanding
the five year staggered terms served by other Housmg Authonty Commissioners. The city council hereby
limits the part~cipat~on of the Resident Commissioner in matters before the Board of Commissioners to
public housmg and Section 8f" matters, not mvolving the management of the housing development m
which such person resides. The President of the Resident Representahve Council may designate any
officer of the counc~l to act as an alternate Resident Commissioner when the President is unable to attend
Housing Authonty meetings.
fr`24 C.F.R § 964.430.
fr'42 U.S.C.S. § 13619
Ordinance No. 7218 (2002).
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