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Home My WebLink About5 - Intermodel Center Project_ MEMORANDUM TO: Planning Boazd FROM: Peter Pollock, Planning Director Micki Kaplan, Transportation Planner DATE: April 14, 2001 SUBJECT: Intermodal Center Project The purpose of this memorandum is to provide information on the Intermodal Center project. The Intermodal Center is intended to be a inulti-modal transit station accommodating current and future local and regional buses, future commuter rail service, a small park and ride, connections to the pedestrian and bicycle network, and, if possible, will include transit oriented development such as affordable housing and other mixed uses. The Intermodal Center is a top work priority for the City in 2001. The project potentially addresses all of Council's top four goals: affordable housing, transportation, environmental and economic sustainability and is supported by local and regional efforts such as the 28'h Street project and US 36 MIS. The next major work elements aze completing the Phase II site selection and land acquisition. Where are we at in the planning process? The first phase of site selection for the Intermodal Center was completed as part of the 28"' Street-2000 Corridor Planning process. The 28'h Street - 2000 Corridor project, which included nearly two yeazs of planning and extensive pubiic input, identified the vicinity of 30'" & Peazl Streets as the (ocation for an Intermodal Center. The US 36 Major Investment Study (MIS), also a severai yeaz planning process with extensive public involvement, identified the 30'h & Peazl area as the location for an"end of the line" station for future commuter rail service between Boulder and Denver. Staff is currently conducting the second phase of the site selection process. The "Phase II Site Selection" is primarily a technical study to identify a preferred site. The primary purpose of the study is to ensure that the recommended site (which has yet to be selected), can function operationally for current and future transit services, that there aze no environmental hazazds on site, and that a more in depth analysis is completed before proceedirtg with land acquisition. Please see the attached map for sites considered for the Intermodal Center. When land acquisition is completed, staff plans to conduct an extensive public process to obtain input on site design. Who is conducting the Phase II Site Selection? The Phase II Site Selection is being conducted by a multi-departmental staff team comprised of Housing, Planning, BURA and Transportation staff, in conjunction with CarterBurgess, a local Transportation consulting firm, and Van Meter, Williams & Pollock a local architecture firm. Staff have been working closely with the When will the Study be completed? Staff hopes to complete the Phase II Site Selection study by the end of May and forwazd the results to City Council in early June. Staff plan to provide a similar briefing to the Transportation Advisory Board (TAB); the Bouider Urban Renewal Authority (BURA), to the Housing Improvement Task Force, and to the transportation subcommittee of the City Councii during April and May. How will the project get funded? RTD and Federal funding is currently available for the Intermodal Center. However, adding affordable housing to the project will require additional funds. Staff are currently exploring financing options. How can the Planning Board help? Attached are goals, objectives and criteria for your review. These criteria will be used to guide the site selection study. Suggestions or modifications from Planning Board on these criteria would be helpful. In addition, any thoughts the Planning Board has about the study would be welcome. 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City of Boulder Intermodal Center Goals ^ Advance Boulder's long- range vision of affordable housing, environmentai and economic sustainability, and multimodal transportation. ^ Create a"Great Boulder Place" that serves the community's regional transit needs and acts as a catalyst for surrounding redevelopment and links to Boulder Valley Regional Center (BVRC) and other activity centers. ^ Create a transportation system and promote land patterns consistent with community priorities of a compact urban form and enhancing mobility through the completion of the alternative transportation system. ^ Facilitate investment in transit-oriented mixed use opportunities inciuding residential and commercial uses. ~ Objectives ^ Connect regional and local transit systems. Provide identified short-term regional transit and local transit services and associated facilities. Accommodate long- term local and regional transit needs. ^ Provide safe and direct connections for pedestrians and cyclists accessing the site. Connect site with existing bike and pedestrian routes. o Provide the appropriate amount of parking for all modes of travel, serving the regional transit and other uses focated on the site. Identify strategies to minimize the number and impact of automobile parking. ^ Provide connectivity to private transportation services. o Be compatible with adjacent street system. ^ Provide opportunity for Transit Oriented Development Boulder Intermodal Transit Center Provided by Carter & Burgess, Inc. Site Selection Criteria - Efficiency of Site Area! Configuration - Short-term and Long-Term (from transit programming) ^ Ability to accommodate bus bays and passenger platform requirements ^ Ability to accommodate bus circulation o Ability to accommodate bus layovers o Ability to accommodate parking supply for automobiles and bicycles ^ Ability to accommodate automobile circulation o Ability to accommodate bike and pedestrian circulation ^ Abiiity to accommodate future commuter rail track and platform requirements - Ability of site to provide TOD use and affordable housing o Site size ability to accommodate TOD ^ Accessibility to schools, parks, services and shopping, community resources, emergency services, streets ^ Aesthetic quality of site and environs ^ Market potential for housing ^ Ability to mitigate noise impacts from nearby rail on housing - Useable Pacilities Available ^ Tracks ^ Streets o Utilities ^ Structures - Accessibility of Site ^ RTD buses - Regional routes - Local routes o Vehicies (parking, kiss-n-Ride, taxis, rental cars and bikes, shuttles, vans, access-a-Ride, etc.} ^ Pedestrians/Bicycles - Trails - Connections to streets, sidewalks and adjacent properties o Emergency and Evacuation - Site Availability ^ Number of owners ^ Number and type of existing businesses on site requiring relocation ^ Environmental Clearance ^ Other Encumbrances (covenants, easements, relocations, RR sidings, etc.) Boulder Intermodal Transit Center Provided by Carter & Burgess, Jnc. - Compatibility with Adjacent Uses ^ Neighbors (noise, visual, use, etc.) ^ Visual impact to adjacent land uses ^ Future Development Plans ^ Environmental impacts (flood plain, drainage, hazardous material, wetland/riparian prairie dogs) - Compatibility with Adjacen! Street System ^ Impact to local traffic access ^ Impact to adjacent roadway/intersection level of service (including signalization) ^ Traffic and pedestrian safety - Investment Cost ^ Property ^ Environmental Mitigation ^ Relocation/ Demolition ^ Infrastructure ~ - FundingReveraging dpportunities ^ Partnerships/ Joint Development ^ Multi- Agency - Visual4uality ^ Visibility/prominence - Safety o Transit Operations ^ Pedestrian/ Bicycle o Automobiles - Implementation o Dependence on other projects ^ Construction impacts - Consistent with existing city policy Boulder Intermodal Transit Center Provided by Carter & Burgess, Inc. City of Boulder Development Review Committee , MEETING AGENDA 1739 Broadway, Room 401 8:30 a.m. 4/12/2001 PROJECT DISCUSSIONS PRE-APPLICATION MEETINGS SCHEDULED for 4/18/01 lan Rosenbaum 1:00 p.m. Chad Fletemyer 2:00 p.m. 927 12`h Street Site Review SW corner Linden Ave. & Old 4~h Street Annexation Patrick Tyler 3:00 p.m. 1001 Lee Hili Road Site Review COUNTY REFERRAL David Boschert 6303 Snowberry Lane Site Plan Review 5045 N. 5151 Street Robert Condon 7602 & 7620 Arapahoe Road AT&T W ireless Services of Colorado, LLC 9307 Valmont Drive LAND USE REVIEW KEY ISSUES for TRACK 14 Applicant Name Development Name Address JEFFREY SMITH BOULDER PLAZA 1800 BROADWAY SAM NISHEK ST. JULIEN HOTEL & CIVIC USE BUILD 901 CANYON Waive Site Plan Review Subdivision Exemption & Boundary Line Adjustment Site Plan Review Case Number Review Type LUR2000-V0004 Vacation Right of Way & Access Easement LUR2001-00017 Site Review TECHNICAL DOCUMENTS REVIEW KEY ISSUES for TRACK 14 Applicant Name Case Number Development Name Review Type Address • ARAPAHOE 804 HANNAH BARKER 806 ARAPAHOE AV TEC200T-00008 Transportation, Stormwater Plan, Stormwater Report Liz Hanson Don Durso Mike Randall Nan Johnson DUE 4/16/01 Nan Johnson DUE 4/16/01 Nan Johnson DUE 4/20/01 Nan Johnson DUE 4/20/01 Case Manager Robert Myers Liz Hanson Case Manager Jeff Arthur 14-4-12.agn CITY OF BOUL~ER, COLORA~O Office of the City Attorney Municipal Building ' P.O. Box 791 Boulder, Colorado 80306 Phone (303) 441-3020 Fax (303) 441-3859 MEMORANDUM TO: Boards and Commissions FROM: Joseph N. de Raismes, III, City Attorney ~+~/ ~ SUBJECT: Consh•aints on Board and Commission Members DATE: March 30, 2001 Joseph N. de Raismes, III City Attorney Jerry P. Gordon Deputy City Attorney Alan E. Boles, .lr. First Assistant City Attorney The City Council has asked that I remind board and commission memUers of the most iinportant constraints that must be kept in mind in conducting the public's business. Bvlaws Most boards and commissions have bylaws to govern their normal operations. These bylaws serve to supplement the Boulder Revised Code and other legal documents applicable to the board or commission. They should be consulted periodically by all board members to assure compliance. Conflict of Interest Guidelines Conflicts of interest are covered by Chapter 2-7 of the Boulder Revised Code. Basically, the code requires that individuals not participate in any decision which could affect them or a member of their immediate family financially, and also requires that board or commission members refrain from participating in any decision in which they have a"substantial interest." A"substantial interesY' is defined as: "A situation, including without limitation a pecuniary stake in the outcome of a decision, in which, considering all of the circumstances, a reasonably prudent person observing the situation would expect a marked tendency to make a decision other than an obj ective decision." This includes non-financial conflicts, such as close proximity to an area under consideration (six hundred feet has been used as a guideline, and three hundred feet -- one block -- is a clear disqualification, but the real issue is the extent of neighborhood pressure on the decision maker), close friendship with one of the parties to a decision, or any other situation which would lead to a RdCCAD\M-CONFLI.YAD clear "appearance of impropriety." Spousal conflicts and shared conflicts require particular sensitivity. The City follows the Colorado Bar Association's Ethics Committee opinions on spousal and finn conflicts. If a board or commission member is unsure about whether or not a conflict of interest exists, the board or commission member is permitted to consult with the Office of the City Attorney confidentially and to request an advisory opinion as to the applicabilily of the conflict of interest rules to a particular situation. This right is specified in Section 2-7-6 of the Boulder Revised Code. Open Meetines Regulations The general provisions concerning boards and commissions are contained in Chapter 2-3 of the Boulder Revised Code. Paragraph 2-3-1(b)(5) requires that each board or commission: "Hold all meetings open to the public, after notice of the date, time, place, and subject matter of the meeting, and provide an opportunity for public coinment at the meeting." This requires at a ininimum that boards and commissions provide twenty-four hour specific notice of each meeting by posting a copy of the meeting agenda in the lobby of the Municipal Building. The Citizen Assistance Office provides space for those notices. The Hotline is also used to announce all meetings. Agendas for regular board and commission meeTing aze published in the Daily Camera as well. Although publication is not required for all board and conunission meetings, it is highly - recommended. In the past, boards and commissions held agenda meetings and other informal gatherings without giving the required notice. However, 1991 changes to the state public meetings law as well as the consistent interpretation of Section 2-3-1 require that if three or more members of a board or commission meet at any time and discuss public business, notice must be given of such meeting, and the meeting must be open to the public. If a chance meeting occurs, the members of the board or coimnission must refrain from discussing public business or convene in groups of less than three. One-on-one communication about public business between members of a board or commission is permitted at all times, and it is only when three or more members gather that a "meeting" is constituted. State law specifies that three or more elected officials communicating by e-mail constitutes a public meeting, and all such communications are to be copied to the Hotline e- mail address. While not required by the statute, similar caution is urged forboards and commission, since a oourt could find such an electronic communication to constitute an illegal meeting. Use of one-on-one telephone or fax communications is a better idea, since the risk of forwarding is much less, and thus the risk of an illegal meeting can be more easily avoided. Removal from Board The Charter provisions concernin~ boards and corxunissions generally are contained in Section 130, "General Provisions Concerning Advisory Commissions." Section 130 provides that: R9CCADUv1-CONFLLYAD Z "The Council shall have the power to remove any conunissioner for non-attendance to duties or for cause." Although regularmeetings are specified, no specific number of ab5ences is given as grounds for removal under Section 130. The Charter also contains more specific provisions dealing with specific boards. Theprovisions concerning the Planning Board, contained in Section 74, are slightly more detailed with regard to removal by the Council for cause. Specifically, the Charter provides for the Planning Board that: "The Council shall remove any appointed member who displays lack of interast, or fails, upon due notice, and continuously for three months, to attend meetings of the board without fonnal leave of absence." The provisions for the Parks and Recreation Advisory Board contained in Section 158 are siinilar: "The Council may remove any board member who displays lack of interest or who fails to attend board meetings for three consecutive months without fonnal leave of absence." Finally, the provisions conceming the Open Space Board of Trustees are quite general. Section 173 provides only that: "Five members of the Council may remove any board member For cause." Council has codified the absence rule at Section 2-3-1, B.R.C. 1981: Failure to attend three consecutive regularly scheduled meetings without a leave approved by a majority of the board is grounds for Council to remove a member. To summarize, any absence of over three months certainly should be viewed as imperiling continued membership on a board or commission. However, the City Council retains the power to reinove a board or commission member for absences of a shorter period and for causes other than absence from board or commission meetings. Rules Applicable to Boards and Commissions The general rules concerning boards and commissions are those contained in Chapter 2-3 of the Boulder Revised Code. The critical rule is that three a~rmative votes are required for any action of a board or commission of five members, and four affirmative votes are required For any action of the Planning Board, and for any action of the Parks and Recreation Advisory Board to dispose of park land or to appropriate funds from the Permanent Parks and Recreation Fund. Thus, contrary to the usual rules of parliamentary procedure, an absolute majority is required for any action, and if inembers are absent, it may be necessary to re-hear a matter so that it is possible for the entire board or commission to vote. This makes it particularly critical that boazd and commission mernbers attend eveiy meeting if possible, in order to give applicants a fair opportunity for an affirmative decision. K:\CCAD\M-QONFLI.YAD The general provisions of the code, reflecting Section 130 of the Charter, provide for election of officers of each board and commission by the board or commassion, minutes and surrunaries, taping ofineetings, application of Robert's Rules of Order. Newl~Revised (19901, unless the board or commission adopts otherrules ofthe procedure, and aprohibition on abstentions. Subsection 2-3- 1( fl specifically provides that if a member of the board or commission is present but refuses to vote, the member's vote: "Shall be recorded in the affirmative." The only exceptions are approval of minutes of a meeting that the member did not attend or if the member was excused under the conflicts of interest chapter, Chapter 2-7 of the Boulder Revised Code, or on consideration of such member's conduct in the business of the board or commission. Ouasi-Judicial Requirements Quasi-judicial hearings are a specific form of process required whenever a public hearing is required for the application of a standard set forEh in the code to a fact situation. The quasi-judicial chapter of the Boulder Revised Code, Chapter 1-3, specifies all of the details ofhandling procedural and evidentiary issues at such hearings. Special notice requirements apply, and particular notice requirements are imposed for certain matters, such as land use and liquor license proceedings. Quasi-judicial hearings may give rise to an appeal to district court. Accordingly, advice should be sought from the Office ofthe City Attorney whenever a quasi- judicial issue arises. Significantly, the quasi judicial chapter specifies that: "In the absence of objection, the hearing will be conducted infonnally, and failure to request any procedure shall constitute a waiver thereo£" Boulder Revised Code, Subsection 1-3-5(h). Thus, the only time when a board or commission needs to be concerned about an interpretation of Chapter 1-3 is when a demand is made for a particular procedure. In the absence of such deinand, infonnal proceedings are autliorized by the code. The quasi-judicial provisions of which board and commission members should be aware include specific notice requirements, the requirement that testimony be taken under oath or by affirmation, the requirement that cross-examination and the presentation of oral and documentary evidence be permitted, specific evidentiary requirements, which are somewhat looser than those in civil litigation, and the requirement of written findings of fact and conclusions of law. Most significantly for board and commission members; the quasi-judicial chapter requires that the substance of all material contacts outside of the hearing dealing with the subject matter of the decision be disclosed an the hearing record and that an opportunity be given for comment at the hearing if the material is to be considered in any way by the board or commission. The Office of the City Attorney recommends that board and commission members avoid all such "ex parte" discussions outside of the hearing in order to avoid problems of disclosure under Section 1-3-6 of the Boulder Revised Code. In the alternative, whenever an ex parte contact cannot be avoided, it is K:\CCADIM-CONFLI.YAD ~ 4 recommended that careful notes be kept of any communications which cannot be avoided so that they can be disclosed in detail. It is recormnended that such disclosure be made whether or not the board or commission member intends to actually rely upon the communication, so that no allegation to the contrary can ever be made. Board and cormnission members should also avoid site visits guided by an applicant or other interested party whenever possible, to avoid any chance of improper influence on a decision. The easiest way to disclose information is to compare what was said to the written agenda mateiials and then to disclose anything that was said that is not contained in the agenda materials. K:\CCAD\M-CONFLI,YAD