08.03.21 City Council Agenda
M ayor
Sam Weaver
Council M e mbe rs
Aaron Brockett
Rachel Friend
Junie Joseph
Mirabai Nagle
Adam Swetlik
Mark Wallach
Bob Yates
Mary Young
Council Chambers
1777 Broadway
Boulder, CO 80302
August 3, 2021
7:00 PM
City M anage r
Nuria Rivera-Vandermyde
Inte rim City Attorne y
Sandra M. Llanes
City Cle rk
Elesha Johnson
AGE NDA FOR T HE REGULAR ME E T ING OF T HE
BOULDE R CIT Y COUNCIL
1.Call to O rder and Roll Call
A.D eclaration C oncerning Recent Events at the Boulder Reservoir
to be presented by Council M ember Yates
10 min
2.Consent Agenda
A.C onsideration of a motion to call a Special Council M eeting on
August 10, 2021 to approve Resolution 1289 and the introduction,
first reading, and order by published by title only, Ordinance 8483,
related to the C U South annexation
3.Call-Up C heck-In
4.P ublic Hearings
A.Introduction, first reading, public hearing, and consideration of a
motion to order published by title only Ordinance 8476 submitting
to the electors of the City of B oulder at the general municipal
coordinated election to be held on Tuesday, November 2, 2021,
the question of extending the 0.3 percent S ales and Use Tax for
C apital Improvements for 15 years, with the proceeds thereof to
be used for capital improvement projects in the C ity of Boulder;
setting forth the ballot title; specifying the form of the ballot and
other election procedures; and setting forth related details;
AND IF D E S I RE D
Introduction, first reading, public hearing, and consideration of a
motion to order published by title only Ordinance 8487 to the
electors of the City of Boulder at the general municipal
coordinated election to be held on Tuesday, November 2, 2021,
60 min
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the question to author ize the increase of debt of the city to fund
capital improvements for 15 years, with the proceeds thereof to be
used for capital improvement projects in the city of boulder as set
forth in the ballot; specifying the form of the ballot and other
election procedures; and setting forth related details.
B .Introduction, first reading, public hearing, and consideration of a
motion to order published by title only Ordinance 8486 submitting
to the registered electors of the City of B oulder at the general
municipal coordinated election to be held on Tuesday, November
2, 2021, the question of amending Section 46 of the Boulder Home
Rule Charter relating to the number of signatures of registered
electors required on a referendum petition and conforming to
amendments made to S ection 44 in 2018; setting forth the ballot
title; specifying the form of the ballot and other election
procedures; and setting forth related details
30 min
C .S econd reading and motion to adopt Ordinance 8477 submitting
to the electors of the City of B oulder at the general municipal
coordinated election to be held on Tuesday, November 2, 2021,
the question of amending S ection 7 of the Boulder City Charter
relating to council compensation, by requiring that council
compensation be paid in equal amounts throughout the year to be
paid on the same schedule as other city employees, setting forth
the ballot title; specifying the form of the ballot and other election
procedures; and setting forth related details.
AND
S econd reading and motion to adopt Ordinance 8478 submitting
to the electors of the City of B oulder at the general municipal
coordinated election to be held on Tuesday, November 2, 2021,
the question of amending S ection 9 of the Boulder City Charter
relating to council meetings, by making explicit council’s authority
to create committees and limiting the size of committees to less
than a quorum, setting forth the ballot title; specifying the form of
the ballot and other election procedures; and setting forth related
details.
45 min
5.M atters from the City M anager
A.T he Peoples' C rossing/L and Acknowledgement Update 30 min
6.M atters from the City Attorney
7.M atters from the M ayor and M embers of Council
A.In-person Council M eeting Discussion 30 min
B .Review of P roposed S chedule for C U S outh Annexation Items 15 min
8.Discussion Items
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9.Debrief
10.Adjournment
3:40 hrs
Additional M aterials
P resentations
Item Updates
Information Items
A.P rocess for forming the library district citizen's advisory
committee
I tem anticipated for final pac ket
Boards and Commissions
A.J une 16, 2021 Boulder Arts Commission M eeting M inutes
Declarations
Heads Up! E mail
This meeting can be viewed at www.bouldercolorado.gov/city-council. M eetings are aired
live o n M unicipal Channel 8 and the c ity's website and are re-cablecast at 6 p.m. Wednesdays and
11 a.m. Fridays in the two weeks follo wing a regular council meeting.
B oulder 8 TV (C omcast c hannels 8 and 880) is now providing c losed c aptioning for all live
meetings that are aired on the channels. The c losed c aptioning service operates in the
same manner as similar services offered by broadcast c hannels, allowing viewers to turn
the c losed c aptioning on or off with the television remote control. C losed c aptioning also is
available on the live HD stream on B oulderChannel8.com. To activate the captioning
service for the live stream, the "C C " button (which is located at the bottom of the video
play er) will be illuminated and available whenever the c hannel is providing captioning
services.
The c ounc il chambers is equipped with a T-C oil assisted listening loop and portable
assisted listening devic es. I ndividuals with hearing or speech loss may c ontac t us using
Relay C olorado at 711 or 1-800-659-3656.
A ny one requiring special packet preparation suc h as Braille, large print, or tape rec orded
versions may c ontac t 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.
I f you need Spanish interpretation or other language-related assistanc e for this meeting,
please call (303) 441-1905 at least three business day s prior to the meeting. Si usted
necesita interpretac ion o cualquier otra ayuda c on relacion al idioma para esta junta, por
favor c omuniquese al (303) 441-1905 por lo menos 3 negocios dias antes de la junta.
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S end elec tronic presentations to email address: CityClerkStaff@bouldercolorado.gov
no later than 2 p.m. the day of the meeting.
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C OVE R S H E E T
ME E T I N G D AT E
August 3, 2021
AG E N D A I T E M
Declaration C oncerning Recent Events at the Boulder Reservoir to be presented by C ouncil
Member Yates
P RI MARY STAF F C O N TAC T
Alison Rhodes/ 303-413-7249
I T E M U P D AT E S
AT TAC H ME N T S:
Description
Declaration Concerning Recent E v ents at the Boulder Reserv oir
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Declaration of Support for Constructive Community Engagement
Regarding the Boulder Reservoir
August 3, 2021
The City of Boulder, Colorado, owns and operates the Boulder Reservoir located at 5565
N. 51st Street, Boulder, Colorado. The Reservoir is a public facility enjoyed by community
members and visitors for its setting and recreational amenities, including swimming, beach
access, boating, stand-up paddling, and fishing.
The Reservoir is one of the most popular and visited park facilities in the City of Boulder
and the surrounding region, annually attracting approximately 300,000 visitors per year.
The Reservoir has, for decades, operated a concessions area near the beach that is operated
and managed by an outside contractor under a lease agreement with the City of Boulder.
The Reservoir has, for decades, hosted a variety of special events, and since 2013 the City
of Boulder has utilized a Special Events Team and Policy to ensure that event organizers
comply with sound, parking, transportation, safety, and security requirements, that under
this Policy event organizers must provide a deposit to the city, and that no deposits have
been withheld based on a failure to comply with such requirements.
The City of Boulder’s Parks and Recreation Department (the “Department”) manages the
Reservoir, and the mission of the Department is to promote the health and well-being of
the entire Boulder community by collaboratively providing high-quality parks, facilities,
and programs.
The Boulder Parks and Recreation Advisory Board (the “PRAB”) convenes on a
consistently scheduled basis to hear updates, provide recommendations, and where
authorized by the city’s Charter and the Boulder Revised Code, ratifies policies and
contracts managed by the Department.
The 2012 Boulder Reservoir Master Plan indicated a need to repair and renovate the
visitor center at the Reservoir, and in 2017, based on feedback from a cross-section of
Boulder community members, the PRAB approved a Concept Plan to construct a new
visitor center at the Reservoir, and that Concept Plan included specific goals of: extending
shoulder season use opportunities, establishing partnerships with various groups to expand
programming and offset construction and operating costs, expanding concession offerings
with the possibility of obtaining a liquor license for the site, and creating multi-use spaces
serving a variety of events across all generations of Reservoir users.
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Between 2018 and 2020, based on the 2017 Concept Plan, the city designed and
constructed a beautiful new visitor center that includes a restaurant and patio adjacent
to and facing the Reservoir, which was constructed to increase community benefit and
enhance customer experience at the Reservoir by providing high-quality food and beverage
services.
In January 2020, the PRAB approved a lease with Landloch L.L.C. to operate food and
beverageservices at the restaurant, and this lease was then approved by City Council in
February 2020, and which expressly contemplated that approved special events and private
events may be held at the restaurant and patio space, and that approved liquor licenses
may be obtained for special events, and that the lease is subject to the Charter and Boulder
Revised Code of the City of Boulder and Colorado law, and which includes an operating
principle requiring appropriate controls to promote the safe and responsible consumption
of alcohol at the Reservoir.
Beginning in Fall 2020, some individuals who live in the neighborhoods near the Reservoir
informed the Department staff that they have concerns about the new facility, including:
sound and lighting from the new facility and its impact on wildlife, traffic on 51st Street
and the potential for increased conflict among motor vehicles, cyclists, and pedestrians, and
events at the new facility with alcohol being served at those events.
The Department staff engaged with these neighbors and attempted, in good faith, to
address their concerns over a period of several months by, among other things, holding
group and one-on-one meetings, creating a Good Neighbor Commitment, which outlines
the Department’s communication commitments and specifies the process for neighbors to
provide feedback or express concerns, developing sound monitoring protocols and ensuring
that a staff ecologist consistently monitors sound, lighting, and other aspects of the facility
that might plausibly interfere with wildlife, and working with Boulder County to promote
multi-modal access to the Reservoir.
The PRAB heard and considered concerns from these neighbors during a scheduled public
meeting.
Members of City Council heard and considered concerns from these neighbors
during scheduled public meetings, during individual and group conversations, and in
neighborhood meetings hosted by Boulder Parks and Recreation.
Despite this outreach and engagement, some neighbors still have concerns about the new
facility and events at the new facility.
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In Spring 2021, several organizations, including non-profits and foundations, sought to
host a series of events, called “Dinner on the Beach,” at the restaurant (Driftwind) and
patio, and serve alcohol at those events, to gather the community to celebrate the new
facility, show that such events could be accomplished safely and responsibly, and to raise
money for local causes.
In June 2021, those organizations applied to the Boulder Beverage Licensing Authority
(the “BLA”) for Special Event Liquor Permits for the events, and many of the neighbors
opposed the applications in writing and at the hearings on each application.
The BLA considered input and evidence from all interested parties in a quasi-judicial
hearing and approved the applications for Special Event Liquor Permits, finding no cause
to deny such applications.
Despite having received the BLA’s approval for events at the restaurant, the neighbors have
continued to express displeasure regarding the potential operations by Landloch L.L.C. in
various ways including filing suit against Landloch L.L.C.
On or about July 7, 2021, it was reported in the Daily Camera newspaper that individuals
emailed the hosting organizations with personal attacks against certain people and
threatening to disrupt the events by protesting with bullhorns at the Reservoir entrance,
photographing attendees, and watching for people getting into a car to drive and call their
license plates in to the Boulder County Sheriff’s Office to report suspected drunk driving.
Some members of City Council have reviewed the reported emails. The accuracy of the
information reported to the Daily Camera has not been confirmed and neither has the
identity of the individual(s) who may have sent the alleged emails.
Given the potential for disruption to the events, Landloch L.L.C., sadly, opted to cancel
the Dinner on the Beach events, and the hosting organizations agreed with Landloch’s
decision.
On July 16, 2021, the Parks and Recreation Advisory Board (PRAB) convened a
special meeting to discuss the potential for approving a resolution. PRAB received
public comment, deliberated and ultimately approved a resolution titled: “A Resolution
Concerning Recent Events Related to the Boulder Reservoir.”
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Sam Weaver, Mayor
Declaration of Support for Constructive Community Engagement
Regarding the Boulder Reservoir
NOW THEREFORE, THE BOULDER CITY COUNCIL DECLARES THAT:
Section 1. The Reservoir is an important community asset and is one of the most popular
park facilities in Boulder and the surrounding region.
Section 2. The City Council believes strongly in the vision of enabling greater access to
this community asset in a safe and responsible manner. Along these lines, the City Council
supports the 2017 Concept Plan and is incredibly proud of the new Reservoir visitor center
and its potential to contribute to this vision, including through a restaurant and patio space
for gathering community members and visitors to enjoy the Reservoir and its beautiful
scenery. The City Council supports the democratic and public process through which the
Concept Plan and lease agreement with the restaurant owner was established.
Section 3. The City Council supports hosting events at the Reservoir that benefit the
community in a manner that is safe, responsible, and consistent with local, state, and
federal laws, and we are proud of the decades-long legacy of beneficial, safe, and responsible
events held at the Reservoir.
Section 4. The City Council supports the Department staff, who are incredibly talented
and dedicated public servants, and their good-faith efforts to engage community members
and to address and accommodate their concerns. The PRAB and City Council have also
heard and considered the community’s concerns about the new facility in a public forum.
The Department staff, the PRAB, and City Council have taken and continue to take these
concerns seriously and are thankful for the outreach. We hope to continue engaging with
Reservoir neighbors to hear, address, and accommodate their concerns.
Section 5. The City Council supports civil discourse and pragmatic engagement. We
strongly disapprove of any alleged threats to disrupt publicly vetted and approved events at
the Reservoir and believe that there are more appropriate and productive ways to express
concerns or provide feedback on issues of public concern.
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C OVE R S H E E T
ME E T I N G D AT E
August 3, 2021
AG E N D A I T E M
C onsideration of a motion to call a Special C ouncil Meeting on A ugust 10, 2021 to approve
Resolution 1289 and the introduction, first reading, and order by published by title only,
Ordinance 8483, related to the C U South annexation
P RI MARY STAF F C O N TAC T
Elesha J ohnson, x3059
AT TAC H ME N T S:
Description
No Attachments Available
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C OVE R S H E E T
ME E T I N G D AT E
August 3, 2021
AG E N D A I T E M
Introduction, first reading, public hearing, and consideration of a motion to order published by
title only O rdinance 8476 submitting to the electors of the C ity of Boulder at the general
municipal coordinated election to be held on Tuesday, November 2, 2021, the question of
extending the 0.3 percent Sales and Use Tax for Capital Improvements for 15 years, with the
proceeds thereof to be used for capital improvement projects in the C ity of Boulder; setting
forth the ballot title; specifying the form of the ballot and other election procedures; and
setting forth related details;
A N D IF D ESIRED
Introduction, first reading, public hearing, and consideration of a motion to order published by
title only O rdinance 8487 to the electors of the C ity of Boulder at the general municipal
coordinated election to be held on Tuesday, November 2, 2021, the question to authorize the
increase of debt of the city to fund capital improvements for 15 years, with the proceeds
thereof to be used for capital improvement projects in the city of boulder as set forth in the
ballot; specifying the form of the ballot and other election procedures; and setting forth related
details.
P RI MARY STAF F C O N TAC T
Kathy Haddock, Senior C ounsel, 303.441.3020
RE Q U E ST E D AC T I O N OR MOT I ON L AN GU AG E
Motion to introduce and order published by title only Ordinance 8476 submitting to the
electors of the C ity of Boulder at the general municipal coordinated election to be held on
Tuesday, N ovember 2, 2021, the question of extending the 0.3 percent Sales and Use Tax for
C apital Improvements for 15 years, with the proceeds thereof to be used for capital
improvement projects in the City of Boulder; setting forth the ballot title; specifying the form
of the ballot and other election procedures; and setting forth related details;
A N D IF D ESIRED
Motion to introduce and order published by title only Ordinance 8487 to the electors of the
city of boulder at the general municipal coordinated election to be held on Tuesday,
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November 2, 2021, the question to authorize the increase of debt of the city to fund capital
improvements for 15 years, with the proceeds thereof to be used for capital improvement
projects in the C ity of Boulder as set forth in the ballot; specifying the form of the ballot and
other election procedures; and setting forth related details.
AT TAC H ME N T S:
Description
I tem 4A - 1st Rdg Ord 8476 / Ord 8487 B allot I tem Community Resilience &
Safety
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CITY OF BOULDER
CITY COUNCIL AGENDA ITEM
MEETING DATE: August 3, 2021
AGENDA TITLE
Introduction, first reading, public hearing, and consideration of a motion to order
published by title only Ordinance 8476 submitting to the electors of the City of
Boulder at the general municipal coordinated election to be held on Tuesday,
November 2, 2021, the question of extending the 0.3 percent Sales and Use Tax for
Capital Improvements for 15 years, with the proceeds thereof to be used for capital
improvement projects in the City of Boulder; setting forth the ballot title; specifying
the form of the ballot and other election procedures; and setting forth related details;
AND IF DESIRED
Introduction, first reading, public hearing, and consideration of a motion to order
published by title only Ordinance 8487 submitting to the electors of the City of
Boulder at the general municipal coordinated election to be held on Tuesday,
November 2, 2021, the question to authorize the increase of debt of the city to fund
capital improvements for 15 years, with the proceeds thereof to be used for capital
improvement projects in the City of Boulder as set forth in the ballot; specifying the
form of the ballot and other election procedures; and setting forth related details.
PRESENTERS
Nuria Rivera-Vandermyde, City Manager
Sandra Llanes, Interim City Attorney
Kathy Haddock, Senior Counsel
Cheryl Pattelli, Chief Financial Officer
Kara Skinner, Assistant Director of Finance
Item 4A - 1st Rdg Ord 8476 / Ord 8487
Ballot Item Community Resilience & Safety
Page 1
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EXECUTIVE SUMMARY
In response to council direction on July 20, 2021, staff has proposed two ordinances.
Ordinance 8476 (Attachment A) would place the ballot measure before the voters to
extend the .03 percent Community, Culture and Safety Tax, to be renamed the
Community, Resilience and Safety Tax (CRS), until December 31, 2036, to fund capital
improvement projects identified in the ordinance. The ordinance provides for 10 percent
of the proceeds of the tax extension to fund a grant pool for non-profit organization
capital improvement projects.
Ordinance 8487 (Attachment B) would allow the debt of the city to be increased up to
$110,000,000 for capital improvement projects funded by the CRS tax. Issuing bonds
supported by the tax extension allows capital improvement projects to be funded earlier
to control costs and enter into long term contracts.
STAFF RECOMMENDATION
Suggested Motion Language
Staff requests council consideration of this matter and action in the form of the
following motion:
Motion to introduce and order published by title only Ordinance 8476 submitting to
the electors of the City of Boulder at the general municipal coordinated election to be
held on Tuesday, November 2, 2021, the question of extending the 0.3 percent Sales
and Use Tax for Capital Improvements for 15 years, with the proceeds thereof to be
used for capital improvement projects in the City of Boulder; setting forth the ballot
title; specifying the form of the ballot and other election procedures; and setting forth
related details.
AND IF DESIRED
Motion to introduce and order published by title only Ordinance 8487 submitting to
the electors of the City of Boulder at the general municipal coordinated election to be
held on Tuesday, November 2, 2021, the question to authorize the increase of debt of
the city to fund capital improvements for 15 years, with the proceeds thereof to be
used for capital improvement projects in the City of Boulder as set forth in the ballot;
specifying the form of the ballot and other election procedures; and setting forth
related details.
COMMUNITY SUSTAINABILITY ASSESSMENTS AND IMPACTS
• Economic - The proposed tax renewal would not raise the current rate of city
sales and use tax. The revenue collected would provide funds for capital projects
Item 4A - 1st Rdg Ord 8476 / Ord 8487
Ballot Item Community Resilience & Safety
Page 2
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that can help the economic vitality of the city and address infrastructure and
facility maintenance of city assets. The proposed debt authorization would be
repaid by the proposed tax renewal and would not raise the current rate of city
sales and use tax. Due to significant competition for contractors, capital project
costs have been increasing significantly faster than the overall rate of inflation.
Debt authorization provides flexibility to accelerate construction schedules, which
can result in significant cost savings.
• Environmental - New capital construction inevitably results in use of materials
and increased energy expenditures. At the same time, many of the projects would
include efficient and effective enhancements to infrastructure, or support
functions and organizations which would help address specific environmental
goals of the city.
• Social - Several of the projects that would or may be funded with the tax renewal
would build community infrastructure, enhance gathering and recreation spaces,
serve low-income and underserved populations, and provide opportunities for
everyone to enjoy the uniqueness and quality of life in Boulder.
OTHER IMPACTS
• Fiscal - The renewal would extend an existing 0.3 percent sales and use tax, not
increase taxes. Three-tenths percent sales and use tax rate for the City of Boulder
results in 30 cents tax on a $100 purchase.
• Staff time - The staff time needed to complete the background work for ballot items
is included within the departmental work plans.
BOARD AND COMMISSION FEEDBACK
Parks and Recreation Advisory Board (PRAB) Feedback
At the May 24, 2021 PRAB meeting, the PRAB reviewed the 2022-27 Capital
Improvement Program. At the meeting, PRAB was informed the city was considering a
renewal of the CCS Tax and staff was participating in city-wide discussions about
projects, with three projects in consideration for the tax renewal. PRAB was provided
access to the May 25th City Council study session. While there was not a formal vote, the
PRAB was supportive of the three projects (Boulder Creek Corridor Investments,
Boulder Parks for All, and Reimagining Recreation) staff had submitted to the City
Council Financial Strategy Committee (FSC). The PRAB minutes reflect overall support
for “Taking Care of What We Have,” appreciation for prioritizing the Boulder Creek
Corridor based on the multi-functionality of the corridor and high visitation, and overall
support for the projects submitted by staff to the FSC.
Item 4A - 1st Rdg Ord 8476 / Ord 8487
Ballot Item Community Resilience & Safety
Page 3
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PUBLIC FEEDBACK
Community Survey
Magellan Strategies released an online community survey that was available online from
June 14 through June 27, 2021. In addition, they conducted a telephone survey from June
28 through June 30, 2021. The survey asked the community for their input on: 1) the
renewal of the tax; 2) the term of the tax; 3) the percentage of the tax allocated to
community non-profits; 4) support for specific city capital projects and project
categories; and 5) support for a related debt issuance to fund more projects upfront to
avoid project cost escalation.
A memorandum from Magellan Strategies, the topline and crosstabs survey results and
demographics, is contained as an attachment in the July 20, 2021 study session packet.
Community non-profit focus groups
During late June to mid-July 2021, staff conducted two sets of community non-profit
focus groups. Group one heard from previous grant recipients – those that received
funding through the Community, Culture and Safety (CCS) tax (CCS1 and CCS2) and
group two heard from the broader non-profit community. A summary of the feedback
from those sessions is contained in the July 20, 2021 study session packet.
BACKGROUND
A full background of city capital funding was provided in the agenda memorandum for
the February 9, 2021 study session. Over time, the capital investment strategy has proved
successful in addressing portions of the city’s unfunded capital needs, including a capital
bond in 2011, the passage of the Community, Culture and Safety Tax in 2014 and 2017
and the creation of a dedicated Government Capital Fund with $6 million in annual
General Fund funding that began in 2018. However, there still exists an estimated $295
million in unfunded needs across departments that require attention.
At the February 9, 2021, study session, council gave guidance for the FSC to serve as the
committee to narrow the project list to be tested in a community survey. The FSC did not
select final projects for funding. The FSC in coordination with staff:
1. Selected and engaged a survey consultant to gauge community support for a tax
extension ballot item specifically regarding the following elements:
a. Potential uses (specific city projects and project categories).
b. Term/length of the tax.
c. Portion of tax proceeds that would be used for community non-profit
projects through a grant program.
d. A related debt authorization ballot question.
2. Developed criteria and a select subset of specific city capital infrastructure
projects and project categories to be included in the survey for testing.
Item 4A - 1st Rdg Ord 8476 / Ord 8487
Ballot Item Community Resilience & Safety
Page 4
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3. Based upon results of the community survey, provided a recommendation to
council for the ballot language, particularly related to items 1(a)-(d) above that
were included in the presentation to council on July 20, 2021.
At the May 25, 2021 study session, staff presented potential ballot items including the
potential renewal of the .03 percent sales and use tax. At the June 22, 2021 study session,
staff presented the unfunded capital needs and departments were available to answer
questions from council regarding specific projects on the unfunded needs list. At the July
20, 2021 study session, staff presented the community survey results, community non-
profit feedback and FSC recommendations. Staff also received council feedback related
to FSC recommendations and proposed ballot language.
ANALYSIS
At the July 20, 2021, study session, council provided the following feedback related to
the tax measure. Staff used this feedback to prepare the proposed ordinances brought to
council at the August 3, 2021, meeting (Attachments A and B).
• Term of tax. Council recommended the tax be extended for an additional 15
years. The estimated amount of unfunded city infrastructure needs is
approximately $300M (excluding utilities). A 15-year tax is expected to generate
approximately $200M in total. It is recommended that 90 percent, or $180M, go
to city infrastructure projects. This amount would allow the city to fund 60
percent of its current unfunded infrastructure needs.
• Percentage of tax used for a community non-profit grant pool. The majority of
council recommended that 10 percent of the tax to be used for a community non-
profit grant pool. The 10 percent represents approximately $20M over the term of
the tax.
• Specific city capital infrastructure projects to be included in the ballot
language. Based on community survey results and council discussions, council
recommended the following projects be included in the ballot language. Council
requested additional information related to the Civic Area Phase 2/Central Park
project before this project is included in the final project list. Information on the
Civic Area Phase 2/Central Park project can be found below.
o Maintain and improve roads and multi-modal paths.
o Replace critically deteriorated signal poles.
o Replace Central Avenue bridge.
o Improve the Boulder Creek path corridor.
o Implement the Boulder Civic Area Phase 2/Central Park improvements.
o Complete Fire Station 3 construction.
o Relocate or reconstruct Fire Station 2 or Fire Station 4.
o Purchase emergency vehicles for Boulder Fire Rescue to provide
advanced life support.
o Renovate East Boulder Recreation Center.
o Acquire streetlight system and convert to LED lights.
o Refresh Pearl Street Mal.
Item 4A - 1st Rdg Ord 8476 / Ord 8487
Ballot Item Community Resilience & Safety
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• Categories and descriptions of the types of projects to which future funding
allocations of the tax will be made. Based on community survey results and
council discussions council recommended the following categories and
descriptions be included in the ballot language.
o Transportation system resilience – maintain and modernize Boulder’s
transportation system to allow for safer and more efficient flow for all
modes of transportation including pedestrian, bike, and vehicle.
o Progress toward climate goals – renovate and retrofit the city’s aged
facilities to increase resilience and reduce carbon emissions.
o Safe and prepared Boulder – maintain and replace capital infrastructure
that support first responders.
o Active and healthy Boulder – maintain and modernize facilities needed to
provide residents that amenities and opportunities to recreate and maintain
healthy and active lifestyle.
o Community focused technology improvements – modernize and
consolidate the city’s data infrastructure and outreach tools for more
transparent, faster, accessible, and user-friendly resident and visitor
services.
• Debt authorization. Council recommended a related 15-year, $110M principal
amount debt question for the ballot. This amount will provide flexibility to front-
load cash flows to make immediate progress on high-priority projects, take
advantage of historically low interest rates, and combat construction inflation. In
order to maintain flexibility for community non-profit projects, staff assumed a
portion of the issuance(s) would be taxable and the remaining majority would be
tax-exempt.
Consultation with Bond and Disclosure Counsel
Attachments A and B include language in the tax extension and debt ballot issues
recommended by bond counsel and disclosure counsel. The tax extension ballot issue is
written to be clear that the extension lengthens the time period of the tax and directs the
revenue to the capital improvements projects as did the original tax adoption but it is not
a new tax. The issue specifically defines the types of projects for which the revenues can
be used to apprise the voters of the use of tax revenues and the proceeds of any debt
issued to be repaid from such revenues. The reference to any portion of the proceeds
used to fund grants to non-profit organizations is limited to projects for the benefit of the
citizens of Boulder to comply with constitutional limitations against use of public funds
for private corporations. The former language of “dedicating 10%” for the grant pool
was changed to “use up to 10%” to avoid restricting to 90 percent of the portion of tax
revenues that could be pledged for capital improvement projects and avoid a negative
impact on the coverage ratio of available tax revenues to debt issued pursuant to the
ballot issue. While this does not prevent the city from using 10 percent of the proceeds to
fund the grant pool, it allows the city to meet debt coverage ratio requirements without
limiting the full bonding capacity available from the tax revenues.
Item 4A - 1st Rdg Ord 8476 / Ord 8487
Ballot Item Community Resilience & Safety
Page 6
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Civic Area Phase 2/Central Park Project
The next phase of implementation of the Civic Area Master Plan (master plan) adopted in
2015, would focus on Central Park and the 13th Street corridor east of Broadway,
commonly referred to as the “East Bookend.” Given the proximity to the farmers market,
BMoCA and the Dushanbe Teahouse, this area of the Civic Area is categorized by
qualities of food and innovation. This area also has a direct connection to the Pearl Street
Mall given the 13th Street corridor and linking downtown to Boulder Creek and
beyond. The master plan identified and highlighted the proximity of this area and many
opportunities that exist to create a large gathering space with important connections to the
adjacent transit options, creek path, restaurants and businesses. Currently, only concepts
exist that were developed during the master planning of the area and if funded, more
detailed design and analysis would be the next steps. This phase would not include
relocation of the bandshell or addition/modification to any buildings on the east side of
13th Street. Instead, would modify and/or enhance the park areas and hardscapes in this
area to achieve master plan goals. Conceptual cost estimates identify approximately $8M
would fund increased options for day and nighttime use and activation, enhanced
infrastructure opportunities for arts and culture through festivals, events and programs
taking place in the park and along 13th Street. Other goals for the space include better
connections to and through the site to link various key destinations through path
connectivity and visibility, public plazas for events and better circulation through the
site. This translates into enhanced park amenities, pathways, open promenades along 13th
Street and Canyon Blvd., increased visibility and safety of the area and functional space
layout.
NEXT STEPS
• August 17, 2021: Regular City Council Meeting - Latest date for second reading
or first reading of emergency ordinance for ballot items and to set titles.
• November 2, 2021: Coordinated Election.
ATTACHMENTS
A – Proposed Ordinance 8476
B – Proposed Ordinance 8487
Item 4A - 1st Rdg Ord 8476 / Ord 8487
Ballot Item Community Resilience & Safety
Page 7
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ORDINANCE 8476
AN ORDINANCE SUBMITTING TO THE ELECTORS OF THE
CITY OF BOULDER AT THE GENERAL MUNICIPAL
COORDINATED ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 2, 2021, THE QUESTION OF EXTENDING THE
0.3 PERCENT SALES AND USE TAX FOR CAPITAL
IMPROVEMENTS FOR 15 YEARS, WITH THE PROCEEDS
THEREOF TO BE USED FOR CAPITAL IMPROVEMENT
PROJECTS IN THE CITY OF BOULDER AS SET FORTH IN
THE BALLOT; SPECIFYING THE FORM OF THE BALLOT
AND OTHER ELECTION PROCEDURES; AND SETTING
FORTH RELATED DETAILS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER,
COLORADO:
Section 1. A general municipal coordinated election will be held in the city of Boulder,
county of Boulder and state of Colorado, on Tuesday, November 2, 2021.
Section 2. At that election, a question shall be submitted to the electors of the city of
Boulder entitled by law to vote, that will allow voters to extend the existing Community Culture
and Safety sales and use tax for 15 years to December 31, 2036, which extension is to be known
as the Community Resilience and Safety Tax, as set forth in the ballot title.
Section 3. The official ballot shall contain the following ballot title, which shall also be
the designation and submission clause for the issue:
Attachment A - Proposed Ordinance 8476
Item 4A - 1st Rdg Ord 8476 / Ord 8487
Ballot Item Community Resilience & Safety
Page 8
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BALLOT ISSUE NO. ___
WITHOUT RAISING THE CURRENT TAX RATE, SHALL THE
EXISTING COMMUNITY CULTURE AND SAFETY SALES
AND USE TAX OF 0.3 CENTS, SCHEDULED TO EXPIRE
DECEMBER 31, 2021, BE EXTENDED TO DECEMBER 31, 2036,
AND BE KNOWN AS THE COMMUNITY RESILIENCE AND
SAFETY TAX, WITH THE REVENUE FROM SUCH TAX
EXTENSION AND ALL EARNINGS THEREON BE USED TO
FUND CITY CAPITAL IMPROVEMENT PROJECTS SUCH AS:
MAINTAIN AND IMPROVE ROADS AND MULTI-MODAL
PATHS; REPLACE CRITICALLY DETERIORATED SIGNAL
POLES; REPLACE CENTRAL AVENUE BRIDGE; IMPROVE
THE BOULDER CREEK PATH CORRIDOR ; IMPLEMENT THE
BOULDER CIVIC AREA PHASE 2/CENTRAL PARK
IMPROVEMENTS; COMPLETE FIRE STATION 3
CONSTRUCTION; RELOCATE OR RECONSTRUCT FIRE
STATION 2 OR FIRE STATION 4; PURCHASE EMERGENCY
VEHICLES FOR BOULDER FIRE RESCUE TO PROVIDE
ADVANCED LIFE SUPPORT; RENOVATE EAST BOULDER
RECREATION CENTER; ACQUIRE STREETLIGHT SYSTEM
AND CONVERT TO LED LIGHTS; REFRESH PEARL STREET
MALL;
AND FUTURE CITY CAPITAL IMPROVEMENT PROJECTS
SUCH AS THOSE IN THE FOLLOWING
CATEGORIES:TRANSPORTATION SYSTEM RESILIENCE –
MAINTAIN AND MODERNIZE BOULDER'S
TRANSPORTATION SYSTEM TO ALLOW FOR SAFER AND
MORE EFFICIENT FLOW FOR ALL MODES OF
TRANSPORTATION INCLUDING PEDESTRIAN, BIKE, AND
VEHICLES; PROGRESS TOWARD CLIMATE GOALS –
RENOVATE AND RETROFIT THE CITY’S AGED FACILITIES
TO INCREASE RESILIENCE AND REDUCE CARBON
EMISSIONS; SAFE AND PREPARED BOULDER – MAINTAIN
AND REPLACE CAPITAL INFRASTRUCTURE THAT
SUPPORTS FIRST RESPONDERS; ACTIVE AND HEALTHY
BOULDER – MAINTAIN AND MODERNIZE FACILITIES
NEEDED TO PROVIDE RESIDENTS THE AMENITIES AND
OPPORTUNITIES TO RECREATE AND MAINTAIN HEALTHY
AND ACTIVE LIFESTYLE; COMMUNITY FOCUSED
TECHNOLOGY IMPROVEMENTS – MODERNIZE AND
CONSOLIDATE THE CITY'S DATA INFRASTRUCTURE AND
OUTREACH TOOLS FOR MORE TRANSPARENT, FASTER,
Attachment A - Proposed Ordinance 8476
Item 4A - 1st Rdg Ord 8476 / Ord 8487
Ballot Item Community Resilience & Safety
Page 9
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ACCESSIBLE, AND USER-FRIENDLY RESIDENT AND
VISITOR SERVICE;
AND USE UP TO 10% OF TAX REVENUE TO FUND A GRANT
POOL FOR NON-PROFIT ORGANIZATIONPROJECTS THAT
SERVE THE CITIZENS OF THE CITY AND RELATED COSTS
INCLUDING GRANT PROGRAM ADMINISTRATION COSTS IN
COMPLIANCE WITH TERMS, CONDITIONS, AND TIMING
ADOPTED BY THE CITY COUNCIL;
AND IN CONNECTION THEREWITH, SHALL THE TAX
REVENUES AND ANY EARNINGS FROM THE REVENUES
CONSTITUTE A VOTER APPROVED REVENUE CHANGE AND
AN EXCEPTION TO THE REVENUE AND SPENDING LIMITS
OF ARTICLE X, SECTION 20 OF THE COLORADO
CONSTITUTION?
YES/FOR ____ NO/AGAINST ____
Section 4. This ordinance is necessary to protect the public health, safety, and welfare of
the residents of the city, and covers matters of local concern.
Section 5. The City Council deems it appropriate that this ordinance be published by title
only and orders that copies of this ordinance be made available in the office of the city clerk for
public inspection and acquisition.
Attachment A - Proposed Ordinance 8476
Item 4A - 1st Rdg Ord 8476 / Ord 8487
Ballot Item Community Resilience & Safety
Page 10
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INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY
TITLE ONLY this 3rd day of August 2021.
____________________________
Sam Weaver,
Mayor
Attest:
________________________________
City Clerk
READ ON SECOND READING, PASSED AND ADOPTED this 17th day of August
2021.
______________________________
Sam Weaver,
Mayor
Attest:
________________________________
City Clerk
Attachment A - Proposed Ordinance 8476
Item 4A - 1st Rdg Ord 8476 / Ord 8487
Ballot Item Community Resilience & Safety
Page 11
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ORDINANCE 8487
AN ORDINANCE SUBMITTING TO THE ELECTORS OF THE
CITY OF BOULDER AT THE GENERAL MUNICIPAL
COORDINATED ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 2, 2021, THE QUESTION TO AUTHORIZE THE
INCREASE OF DEBT OF THE CITY TO FUND CAPITAL
IMPROVEMENTS FOR 15 YEARS, WITH THE PROCEEDS
THEREOF TO BE USED FOR CAPITAL IMPROVEMENT
PROJECTS IN THE CITY OF BOULDER AS SET FORTH IN
THE BALLOT; SPECIFYING THE FORM OF THE BALLOT
AND OTHER ELECTION PROCEDURES; AND SETTING
FORTH RELATED DETAILS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER,
COLORADO:
Section 1. A general municipal coordinated election will be held in the city of Boulder,
county of Boulder and state of Colorado, on Tuesday, November 2, 2021.
Section 2. At that election, a question shall be submitted to the electors of the city of
Boulder entitled by law to vote, that will allow voters to consider authorizing debt to be issued to
be repaid from revenues from the tax extension of the Community Resilience and Safety Tax, if
approved by the voters as specified in Ordinance 8476 as provided in the ballot title.
Section 3. The official ballot shall contain the following ballot title, which shall also be
the designation and submission clause for the issue:
Attachment B - Proposed Ordinance 8487
Item 4A - 1st Rdg Ord 8476 / Ord 8487
Ballot Item Community Resilience & Safety
Page 12
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BALLOT ISSUE NO. ___
SHALL CITY OF BOULDER DEBT BE INCREASED UP TO
$110,000,000 (PRINCIPAL AMOUNT) WITH A MAXIMUM
REPAYMENT COST OF UP TO $158,000,000 (SUCH AMOUNT
BEING THE TOTAL PRINCIPAL AND INTEREST THAT
COULD BE PAYABLE OVER THE MAXIMUM LIFE OF THE
DEBT) TO BE PAYABLE SOLELY FROM THE EXTENSION
OF THE COMMUNITY RESILIENCE AND SAFETY SALES
AND USE TAX OF 0.3 CENTS (PREVIOUSLY KNOWN AS
THE COMMUNITY, CULTURE AND SAFETY TAX), IF
SEPARATELY APPROVED;
SUCH DEBT TO BE SOLD AT SUCH TIME AND IN SUCH
MANNER AND TO CONTAIN SUCH TERMS, NOT
INCONSISTENT HEREWITH, AS THE CITY COUNCIL MAY
DETERMINE, WITH THE PROCEEDS OF SUCH DEBT AND
EARNINGS THEREON BEING USED TO FUND CITY
CAPITAL IMPROVEMENT PROJECTS AND NON-PROFIT
PROJECTS THAT SERVE THE CITIZENS OF BOULDER
PAYABLE FROM SUCH SALES AND USE TAX EXTENSION
INCLUDING, AMONG OTHER THINGS:
MAINTAIN AND IMPROVE ROADS AND MULTI-MODAL
PATHS; REPLACE CRITICALLY DETERIORATED SIGNAL
POLES; REPLACE CENTRAL AVENUE BRIDGE; IMPROVE
THE BOULDER CREEK PATH CORRIDER ; IMPLEMENT THE
BOULDER CIVIC AREA PHASE 2/CENTRAL PARK
IMPROVEMENTS; COMPLETE FIRE STATION 3
CONSTRUCTION; RELOCATE OR RECONSTRUCT FIRE
STATION 2 OR FIRE STATION 4; PURCHASE EMERGENCY
VEHICLES FOR BOULDER FIRE RESCUE TO PROVIDE
ADVANCED LIFE SUPPORT ; RENOVATE EAST BOULDER
RECREATION CENTER; ACQUIRE STREETLIGHT SYSTEM
AND CONVERT TO LED LIGHTS; REFRESH PEARL STREET
MALL; OR USED TO FUND OTHER CITY CAPITAL
IMPROVEMENT PROJECTS AND PROJECTS OF NON -
PROFIT ORGANIZATIONS OTHERWISE PAYABLE FROM
SAID SALES AND USE TAX;
AND IN CONNECTION THEREWITH, SHALL ANY
EARNINGS FROM THE INVESTMENT OF THE PROCEEDS
OF SUCH DEBTS CONSTITUTE A VOTER APPROVED
REVENUE CHANGE AND AN EXCEPTION TO THE
REVENUE AND SPENDING LIMITS OF ARTICLE X,
SECTION 20 OF THE COLORADO CONSTITUTION?
Attachment B - Proposed Ordinance 8487
Item 4A - 1st Rdg Ord 8476 / Ord 8487
Ballot Item Community Resilience & Safety
Page 13
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YES/FOR ____ NO/AGAINST ____
Section 4. This ordinance is necessary to protect the public health, safety, and welfare of
the residents of the city, and covers matters of local concern.
Section 5. The City Council deems it appropriate that this ordinance be published by title
only and orders that copies of this ordinance be made available in the
office of the city clerk for public inspection and acquisition.
INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY
TITLE ONLY this 3rd day of August 2021.
____________________________
Sam Weaver,
Mayor
Attest:
________________________________
City Clerk
READ ON SECOND READING, PASSED AND ADOPTED this 17th day of August
2021.
______________________________
Sam Weaver,
Mayor
Attest:
________________________________
City Clerk
Attachment B - Proposed Ordinance 8487
Item 4A - 1st Rdg Ord 8476 / Ord 8487
Ballot Item Community Resilience & Safety
Page 14
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C OVE R S H E E T
ME E T I N G D AT E
August 3, 2021
AG E N D A I T E M
Introduction, first reading, public hearing, and consideration of a motion to order published by
title only O rdinance 8486 submitting to the registered electors of the C ity of Boulder at the
general municipal coordinated election to be held on Tuesday, November 2, 2021, the
question of amending Section 46 of the Boulder Home Rule Charter relating to the number of
signatures of registered electors required on a referendum petition and conforming to
amendments made to Section 44 in 2018; setting forth the ballot title; specifying the form of
the ballot and other election procedures; and setting forth related details
P RI MARY STAF F C O N TAC T
Kathy Haddock, Senior C ounsel, 303.441.3020
RE Q U E ST E D AC T I O N OR MOT I ON L AN GU AG E
Motion to introduce and order published by title only Ordinance 8486 submitting to the
registered electors of the C ity of Boulder at the general municipal coordinated election to be
held on Tuesday, November 2, 2021, the question of amending Section 46 of the Boulder
Home Rule C harter relating to the number of signatures of registered electors required on a
referendum petition and conforming to amendments made to Section 44 in 2018; setting forth
the ballot title; specifying the form of the ballot and other election procedures; and setting
forth related details.
AT TAC H ME N T S:
Description
I tem 4B - 1st Rdg Ord 8486 B allot Measure Sec. 46
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CITY OF BOULDER
CITY COUNCIL AGENDA ITEM
MEETING DATE: August 3, 2021
AGENDA TITLE
Introduction, first reading, public hearing, and consideration of a motion to order
published by title only Ordinance 8486 submitting to the registered electors of the City
of Boulder at the general municipal coordinated election to be held on Tuesday,
November 2, 2021, the question of amending Section 46 of the Boulder Home Rule
Charter relating to the number of signatures of registered electors required on a
referendum petition and conforming to amendments made to Section 44 in 2018; setting
forth the ballot title; specifying the form of the ballot and other election procedures; and
setting forth related details.
PRESENTERS
Nuria Rivera-Vandermyde, City Manager
Sandra Llanes, Interim City Attorney
Kathy Haddock, Senior Counsel
EXECUTIVE SUMMARY
In 2018, the Campaign Finance and Election Working Group made several suggested
changes to the city Charter related to elections. The recommendations resulted in
changes to approximately 20 Charter sections which were approved by the voters at the
election in November 2018. A part of those changes was to reduce the required number
of signatures for initiatives, referenda and recalls from 10 percent of the registered
electors of the city to 10 percent of the number of people who voted in the last two city
council elections. In addition to the many section changes, there should have been a
corresponding change to Section 46 of the Charter. The attached proposed ordinance
(Attachment A) adds that corresponding change to the ballot for the election this year so
Item 4B - 1st Rdg Ord 8486 Ballot Measure Sec. 46 Page 1
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that Section 46 of the Charter is consistent with the remainder of the Charter as amended
in 2018.
STAFF RECOMMENDATION
COMMUNITY SUSTAINABILITY ASSESSMENTS AND IMPACTS
• Economic – None.
• Environmental – None.
• Social – None.
OTHER IMPACTS
• Fiscal – None.
• Staff time – None.
BACKGROUND
Currently Section 44 of the city Charter conflicts with Section 46. Section 44 provides
that if a referendum petition is signed “by at least ten percent of the average of the
number of registered electors of the city who voted in the previous two municipal
candidate elections” is filed with the city clerk within 30 calendar days of final passage of
any measure by council, the measure shall not become operative until the steps indicated
in the Charter have been taken. Section 46 states that within 10 days of filing of a
referendum petition, the clerk shall ascertain whether the petition is signed by registered
electors of the city of “at least ten percent of the registered electors of the city as of the
day the petition is filed.”
To resolve the internal conflict between Sections 44 and 46 of the number of signatures
required on a referendum petition, some of the factors include which is the most recent
Suggested Motion Language:
Staff requests council consideration of this matter and action in the form of the
following motion:
Motion to introduce and order published by title only Ordinance 8486 submitting to the
registered electors of the City of Boulder at the general municipal coordinated election
to be held on Tuesday, November 2, 2021, the question of amending Section 46 of the
Boulder Home Rule Charter relating to the number of signatures of registered electors
required on a referendum petition and conforming to amendments made to Section 44
in 2018; setting forth the ballot title; specifying the form of the ballot and other election
procedures; and setting forth related details.
Item 4B - 1st Rdg Ord 8486 Ballot Measure Sec. 46 Page 2
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and what was the legislative intent for both. The language in Section 44 was approved in
2018 and the language in Section 46 was approved in 1981.
The Agenda Memorandum for second reading of Ordinance 8272, in 2018, contained the
Charter amendments to reduce the required number of signatures for initiatives, referenda
and recall to adopt recommendations of a majority of the Campaign Finance and
Elections Working Group. The language described the proposed Charter changes to
certain sections as: “an amendment to set the number of signatures required for an
initiative, referendum, or recall to be at least 10 percent of the average number of voters
in the last two municipal candidate elections.” The proposed ballot language itself stated
it was to “establish the number of signatures required for an initiative, referendum or
recall to be at least 10 percent of the average number of registered electors of the city
who voted in the previous two municipal candidate elections.” Therefore, the legislative
history is clear that the intent of the 2018 changes to the Charter were to reduce the
number of signatures required on referendum petitions as well as initiative and recall
petitions to 10 percent of those who voted in the last two municipal candidate elections.
The voters approved those changes. Adopting Proposed Ordinance 8486 to fix the
conflicts to coincide with the intent of the 2018 changes will be consistent with what was
intended to be accomplished in 2018.
NEXT STEPS
Second reading is scheduled for August 17, 2021. The coordinated election is on
November 2, 2021.
ATTACHMENT
A – Proposed Ordinance 8486
Item 4B - 1st Rdg Ord 8486 Ballot Measure Sec. 46 Page 3
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ORDINANCE 8486
AN ORDINANCE SUBMITTING TO THE REGISTERED
ELECTORS OF THE CITY OF BOULDER AT THE GENERAL
MUNICIPAL COORDINATED ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 2, 2021, THE QUESTION OF
AMENDING SECTION 46 OF THE BOULDER HOME RULE
CHARTER RELATING TO THE NUMBER OF SIGNATURES
OF REGISTERED ELECTORS REQUIRED ON A
REFERENDUM PETITION AND CONFORMING TO
AMENDMENTS MADE TO SECTION 44 IN 2018; SETTING
FORTH THE BALLOT TITLE; SPECIFYING THE FORM OF
THE BALLOT AND OTHER ELECTION PROCEDURES; AND
SETTING FORTH RELATED DETAILS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER,
COLORADO:
Section 1. A general municipal coordinated election will be held in the City of
Boulder, county of Boulder and state of Colorado, on Tuesday, November 2, 2021.
Section 2. At that election, a question shall be submitted to the electors of the city of
Boulder entitled by law to vote, that will allow voters to consider the following amendment to
Section 46 of the city Charter pertaining to the city clerk’s use of the average number of registered
electors when calculating the sufficiency of signatures on petitions. This amendment is proposed
to conform Section 46 of the Charter to the changes to Section 44 of the Charter made by the voters
in 2018. The material to be added to the Charter is shown by underlining and material to be deleted
is shown stricken through with solid lines.
Attachment A – Proposed Ordinance 8486
Item 4B - 1st Rdg Ord 8486 Ballot Measure Sec. 46 Page 4
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Sec. 46. - Certificate of petition.
Within ten days after the filing of the petition the city clerk shall ascertain whether or not
the petition is signed by registered electors of the city to the number of at least ten percent of the
registered electors of the city who voted in the previous two municipal candidate elections as of
the day the petition was filed, and the clerk shall attach to such petition a certificate showing the
result of such examination. If by the city clerk's certificate the petition is shown to be
insufficient, it may be amended within ten days from the date of said certificate by the filing of
supplementary petition papers with additional signatures. The city clerk shall within ten days
after such amendment make like examination of the amended petition and certify the result
thereof. The City Clerk shall verify signatures to the extent reasonably possible by comparison
with the election records of the Boulder County Clerk or the Secretary of State.
Section 3. The official ballot shall contain the following ballot title, which shall also
be the designation and submission clause for the measure:
Ballot Question No. ____
Shall Section 46, “Certificate of petition,” of the Boulder City
Charter be amended to conform to changes to Section 44 of the
Charter approved by the voters in 2018 that requires that the number
of signatures on a referendum petition to be at least ten percent of
the registered electors of the city who voted in the previous two
municipal candidate elections?
For the Measure ____ Against the Measure ____
Section 4. This ordinance is necessary to protect the public health, safety, and welfare
of the residents of the city, and covers matters of local concern.
Section 5. The City Council deems it appropriate that this ordinance be published by
title only and orders that copies of this ordinance be made available in the office of the city clerk
for public inspection and acquisition.
Attachment A – Proposed Ordinance 8486
Item 4B - 1st Rdg Ord 8486 Ballot Measure Sec. 46 Page 5
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INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY
TITLE ONLY this 3rd day of August 2021.
____________________________________
Sam Weaver,
Mayor
Attest:
___________________________________
City Clerk
READ ON SECOND READING, PASSED AND ADOPTED this 17th day of August
2021.
___________________________________
Sam Weaver,
Mayor
Attest:
___________________________________
City Clerk
Attachment A – Proposed Ordinance 8486
Item 4B - 1st Rdg Ord 8486 Ballot Measure Sec. 46 Page 6
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C OVE R S H E E T
ME E T I N G D AT E
August 3, 2021
AG E N D A I T E M
Second reading and motion to adopt Ordinance 8477 submitting to the electors of the City of
Boulder at the general municipal coordinated election to be held on Tuesday, November 2,
2021, the question of amending Section 7 of the Boulder C ity C harter relating to council
compensation, by requiring that council compensation be paid in equal amounts throughout
the year to be paid on the same schedule as other city employees, setting forth the ballot title;
specifying the form of the ballot and other election procedures; and setting forth related
details.
A N D
Second reading and motion to adopt Ordinance 8478 submitting to the electors of the City of
Boulder at the general municipal coordinated election to be held on Tuesday, November 2,
2021, the question of amending Section 9 of the Boulder C ity C harter relating to council
meetings, by making explicit council’s authority to create committees and limiting the size of
committees to less than a quorum, setting forth the ballot title; specifying the form of the
ballot and other election procedures; and setting forth related details.
P RI MARY STAF F C O N TAC T
Kathy Haddock, Senior C ounsel, 303.441.3020
RE Q U E ST E D AC T I O N OR MOT I ON L AN GU AG E
Motion to adopt Ordinance 8477 submitting to the electors of the C ity of Boulder at the
general municipal coordinated election to be held on Tuesday, November 2, 2021, the
question of amending Section 7 of the Boulder C ity C harter relating to council compensation,
by requiring that council compensation be paid in equal amounts throughout the year to be
paid on the same schedule as other city employees, setting forth the ballot title; specifying the
form of the ballot and other election procedures; and setting forth related details.
A N D
Motion to adopt Ordinance 8478 submitting to the electors of the C ity of Boulder at the
general municipal coordinated election to be held on Tuesday, November 2, 2021, the
question of amending Section 9 of the Boulder C ity C harter relating to council meetings, by
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making explicit council’s authority to create committees and limiting the size of committees to
less than a quorum, setting forth the ballot title; specifying the form of the ballot and other
election procedures; and setting forth related details.
AT TAC H ME N T S:
Description
I tem 4C 2nd Rdg Ord 8477 B allot Measures Council Compensation and Ord
8478 Committees
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CITY OF BOULDER
CITY COUNCIL AGENDA ITEM
MEETING DATE: August 3, 2021
AGENDA TITLE
Second reading and consideration of a motion to adopt Ordinance 8477 submitting to
the electors of the City of Boulder at the general municipal coordinated election to be
held on Tuesday, November 2, 2021, the question of amending Section 7 of the Boulder
Home Rule Charter relating to council compensation, by requiring that council
compensation be paid in equal amounts throughout the year to be paid on the same
schedule as other city employees, setting forth the ballot title; specifying the form of the
ballot and other election procedures; and setting forth related details.
AND
Second reading and consideration of a motion to adopt Ordinance 8478 submitting to
the electors of the City of Boulder at the general municipal coordinated election to be
held on Tuesday, November 2, 2021, the question of amending Section 9 of the Boulder
Home Rule Charter relating to council meetings, by removing provisions that expired
on December 31, 2017, explicitly allowing council to appoint council committees
generally containing two councilmembers and in no event a number equal to or
exceeding a quorum of council, allowing councilmembers not appointed to attend but
participate in council committee meetings, requiring council to appoint a recruitment
committee for the three council appointments, setting forth the ballot title; specifying
the form of the ballot and other election procedures; and setting forth related details.
PRESENTERS
Nuria Rivera-Vandermyde, City Manager
Sandra Llanes, Interim City Attorney
Kathy Haddock, Senior Counsel
Item 4C - 2nd Rdg Ord. 8477 Ballot Measures
Council Compensation & Ord. 8478 Committees
Page 1
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EXECUTIVE SUMMARY
At the study session on May 25, 2021, council directed staff to bring back proposed
ordinances for two potential minor charter amendments that were proposed by the charter
committee. The first of the two minor changes was deferred from last year. It is to allow
for even payments of council compensation throughout the year. This allows for monthly
payment of councilmembers rather than compensation based on the number of meetings
attended up to 52 per year. The proposal does not increase the amount of council
compensation. This change eases the accounting burden by allowing compensation to
cover deductions rather than councilmembers having to contribute funds in some months
and for council compensation to coordinate with the regular payroll process of the city for
all employees. This ballot language is contained in proposed Ordinance 8477.
The second proposal would make clarifying changes to language relating to council
committees. Since this amendment is to Section 9 of the charter, the draft also formally
deletes the language in that section that allowed executive sessions for the
municipalization project which authorization expired December 31, 2017. The added
language proposed explicitly states that council can appoint council committees and that
such committees generally consist of no more than two council members and in no event
can be equal or greater than a quorum of council. Any councilmember not appointed
may attend but not participate in council committee meetings. The changes are to clarify
that council committees are appropriate while ensuring they do not become a substitute or
confused for the voice of the council as a whole. The ordinance also makes it mandatory
for council to appoint a council recruitment committee of up to two council members and
any number of non-council members for the three council appointees. This issue come
up doing the recent recruitments to balance transparency with the need for applicant
confidentiality prior to announcing finalists.
STAFF RECOMMENDATION
Suggested Motion Language:
Staff requests council consideration of this matter and action in the form of the
following motion:
Motion to adopt Ordinance 8477 submitting to the electors of the City of Boulder at the
general municipal coordinated election to be held on Tuesday, November 2, 2021, the
question of amending Section 7 of the Boulder Home Rule Charter relating to council
compensation, by requiring that council compensation be paid in equal amounts
throughout the year to be paid on the same schedule as other city employees, setting
forth the ballot title; specifying the form of the ballot and other election procedures; and
setting forth related details.
AND
Item 4C - 2nd Rdg Ord. 8477 Ballot Measures
Council Compensation & Ord. 8478 Committees
Page 2
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ATTACHMENTS
A - Proposed Ordinance 8477 Timing of Paying Council Compensation
B - Proposed Ordinance 8478 Council Committees
Motion to adopt Ordinance 8478 submitting to the electors of the City of Boulder at the
general municipal coordinated election to be held on Tuesday, November 2, 2021, the
question of amending Section 9 of the Boulder City Charter relating to council meetings
by removing provisions that expired on December 31, 2017, explicitly allowing council
to appoint council committees generally containing two councilmembers and in no event
a number equal to or exceeding a quorum of council, allowing councilmembers not
appointed to attend but participate in council committee meetings, requiring council to
appoint a recruitment committee for the three council appointments, setting forth the
ballot title; specifying the form of the ballot and other election procedures; and setting
forth related details.
Item 4C - 2nd Rdg Ord. 8477 Ballot Measures
Council Compensation & Ord. 8478 Committees
Page 3
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ORDINANCE 8477
AN ORDINANCE SUBMITTING TO THE REGISTERED
ELECTORS OF THE CITY OF BOULDER AT THE GENERAL
MUNICIPAL COORDINATED ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 2, 2021, THE QUESTION OF
AMENDING SECTION 7 OF THE BOULDER HOME RULE
CHARTER RELATING TO COUNCIL COMPENSATION, BY
REQUIRING THAT COUNCIL COMPENSATION BE PAID IN
EQUAL AMOUNTS THROUGHOUT THE YEAR TO BE PAID
ON THE SAME SCHEDULE AS OTHER CITY EMPLOYEES,
SETTING FORTH THE BALLOT TITLE; SPECIFYING THE
FORM OF THE BALLOT AND OTHER ELECTION
PROCEDURES; AND SETTING FORTH RELATED DETAILS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER,
COLORADO:
Section 1. A general municipal coordinated election will be held in the city of Boulder,
county of Boulder and state of Colorado, on Tuesday, November 2, 2021.
Section 2. At that election, a question shall be submitted to the electors of the city of
Boulder entitled by law to vote, that will allow voters to consider the following amendment to
Section 7 of the city Charter pertaining to compensation for council members. This amendment to
the Charter shall be effective for any council member serving on January 1, 2022 and thereafter.
The material to be added to the Charter is shown by underlining and material to be deleted is shown
stricken through with solid lines.
Sec. 7. - Compensation.
Council members shall receive as compensation $100.00 per meeting for at which
a quorum of city council is present, not to exceed fifty-two meetings per calendar
year, plus an annual escalation each January 1 in a percentage equivalent to any
increase over the past year in the Consumer Price Index (All Items) for the
statistical area which includes the city maintained by the United States
Department of Labor, Bureau of Labor Statistics; this amendment shall become
effective January 1, 1990. For purposes of this section only, a "meeting" shall
mean a gathering of a quorum of the council, which gathering is noticed to the
public as a regular or special meeting as provided in this Charter. Council
Attachment A - Proposed Ordinance 8477
Timing of Paying Council Compensation
Item 4C - 2nd Rdg Ord. 8477 Ballot Measures
Council Compensation & Ord. 8478 Committees
Page 4
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members serving on January 1, 2020 and after may elect to receive benefits under
the same terms and conditions that are available to full-time city employees
including without limitation participation in city health, vision, dental, and life
insurance plans. This compensation shall be averaged over the calendar year and
paid on the same schedule as city employees, or such other schedule as
determined by the City Manager.
Section 3. The official ballot shall contain the following ballot title, which shall also
be the designation and submission clause for the measure:
Ballot Question No. ____
Shall Section 7, “Compensation,” of the Boulder City Charter be
amended pursuant to Ordinance No. 8477 to allow council
members serving on January 1, 2022 and after to receive
compensation for fifty-two meetings each year on the same
schedule as other city employees or an a schedule prepared by the
city manager?
For the measure____ Against the measure____
Section 4. If a majority of all the votes cast at the election on the measure submitted
are for the measure, the measure shall be deemed to have passed and the charter shall be amended
as provided in this ordinance.
Section 5. This ordinance is necessary to protect the public health, safety, and welfare
of the residents of the city, and covers matters of local concern.
Section 6. The City Council deems it appropriate that this ordinance be published by
title only and orders that copies of this ordinance be made available in the office of the city clerk
for public inspection and acquisition.
Attachment A - Proposed Ordinance 8477
Timing of Paying Council Compensation
Item 4C - 2nd Rdg Ord. 8477 Ballot Measures
Council Compensation & Ord. 8478 Committees
Page 5
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INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY
TITLE ONLY this 20th day of July 2021.
____________________________________
Sam Weaver, Mayor
Attest:
____________________________________
Elesha Johnson, City Clerk
READ ON SECOND READING, PASSED, AND ADOPTED this 3rd day of August 2021.
____________________________________
Sam Weaver, Mayor
Attest:
____________________________________
Elesha Johnson, City Clerk
Attachment A - Proposed Ordinance 8477
Timing of Paying Council Compensation
Item 4C - 2nd Rdg Ord. 8477 Ballot Measures
Council Compensation & Ord. 8478 Committees
Page 6
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ORDINANCE 8478
AN ORDINANCE SUBMITTING TO THE REGISTERED ELECTORS
OF THE CITY OF BOULDER AT THE GENERAL MUNICIPAL
COORDINATED ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 2, 2021, THE QUESTION OF AMENDING SECTION 9 OF
THE BOULDER HOME RULE CHARTER, RELATING TO COUNCIL
MEETINGS, BY REMOVING PROVISIONS THAT EXPIRED ON
DECEMBER 31, 2017; EXPLICITY ALLOWING COUNCIL TO
APPOINT COUNCIL COMMITTEES GENERALLY CONTAINING
TWO COUNCILMEMBERS AND IN NO EVENT A NUMBER EQUAL
TO OR EXCEEDING A QUORUM OF COUNCIL; ALLOWING
COUNCILMEMBERS NOT APPOINTED TO THE COMMITTEE TO
ATTEND BUT NOT PARTICIPATE IN COUNCIL COMMITTEE
MEETINGS; REQUIRING COUNCIL TO APPOINT A RECRUITMENT
COMMITTEE FOR THE THREE COUNCIL APPOINTMENTS;
SETTING FORTH THE BALLOT TITLE; SPECIFYING THE FORM OF
THE BALLOT; AND SETTING FORTH RELATED DETAILS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER,
COLORADO:
Section 1. A general municipal coordinated election will be held in the city of Boulder,
county of Boulder and state of Colorado, on Tuesday, November 2, 2021.
Section 2. At that election, a question shall be submitted to the electors of the city of
Boulder entitled by law to vote, that will allow voters to consider the following amendment to
Section 9 of the city Charter pertaining to appointments to council committees and removal of
provisions that expired on December 31, 2017. This amendment to the Charter shall be effective
for any council member serving on January 1, 2022, and thereafter. The material to be added to
the Charter is shown by underlining and material to be deleted is shown stricken through with solid
lines.
Sec. 9. – Meetings of Council.
At 10:00 a.m. on the third Tuesday in November following each general municipal
election, the council shall meet at the usual place of holding meetings, at which time the
newly elected council members shall take office. Thereafter the council shall meet at such
Attachment B - Proposed Ordinance 8478
Council Committees
Item 4C - 2nd Rdg Ord. 8477 Ballot Measures
Council Compensation & Ord. 8478 Committees
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times as may be prescribed by ordinance or resolution and shall meet in regular session at
least once in each calendar month. The mayor, acting mayor, or any five council members
may call special meetings upon at least twelve hours' written notice to each council
member, served personally on each, or left at each member's place of residence.
All meetings of the council or committees thereof shall be public. However, the council
may meet in executive session exclusively for the purpose of obtaining and discussing legal
advice, including negotiation strategy, with respect to Boulder's electric utility.
All executive sessions shall be conducted according to state law. The following additional
special procedural rules shall apply to every executive session:
No final action may be taken in an executive session.
An executive session shall be initiated only by a 2/3 vote of those council members present
at a council meeting.
All executive sessions shall be recorded in their entirety.
Any recording of an executive session shall be released to the public only upon a
unanimous vote of the city council or as otherwise provided by state law.
Any executive session shall be part of a public meeting with the public being excluded only
from that portion of the meeting strictly necessary for the purpose of obtaining and
discussing legal advice, including negotiation strategy.
Each council member shall have an affirmative duty to prevent any discussion of any
subject other than those strictly necessary for the purpose of obtaining and discussing legal
advice, including negotiation strategy. If during any executive session, any two council
members express the opinion that the subject being discussed is not strictly necessary for
the purpose of obtaining and discussing legal advice, including negotiation strategy, the
discussion shall cease immediately. At such time, council shall either end the executive
session or return to a discussion necessary for the purpose of obtaining and discussing legal
advice, including negotiation strategy.
This provision is adopted because of the unique and complex circumstances related to the
potential creation of a municipal electrical utility. The adoption of this provision is not
intended to establish a precedent for executive sessions for any other purpose.
The authority to hold executive sessions shall expire on December 31, 2017.
The council shall cause to be kept a complete journal of its proceedings and, except with
reference to the journal of executive sessions, any citizen shall have access to the same at
all reasonable times.
Attachment B - Proposed Ordinance 8478
Council Committees
Item 4C - 2nd Rdg Ord. 8477 Ballot Measures
Council Compensation & Ord. 8478 Committees
Page 8
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The council shall have the authority to appoint council committees. Such committees shall
generally consist of no more than two council members and in no event shall be equal or
greater than a quorum of council. Other council members may attend any council
committee meeting to observe but shall not participate.
The council shall may appoint a committee of not more than two council members and any
number of non-council members to screen applications for city manager, city attorney, and
municipal court judge, to evaluate the performance of the persons occupying such
positions, and to consider recommending disciplinary actions relating to such persons.
Such committee may conduct its business in private, provided that the council as a whole
takes action to determine finalists at a public meeting, to determine compensation at a
public meeting, and to take disciplinary action at a public meeting.
Section 3. The official ballot shall contain the following ballot title, which shall also
be the designation and submission clause for the measure:
Ballot Question No. ____
Shall Section 9, “Meetings of Council,” of the Boulder City
Charter be amended pursuant to Ordinance No.8478 to (a) remove
provisions that expired in December 2017, (b) explicitly allow
council to appoint council committees that generally contain no
more than two councilmembers and in no event equal or exceed a
quorum of council and allow councilmembers not appointed to the
committee to attend, but not participate in council committee
meeting, and (c) require council to appoint a recruitment
committee of no more than two members for each of the three
council appointments?
For the measure____ Against the measure____
Section 4. If a majority of all the votes cast at the election on the measure submitted
are for the measure, the measure shall be deemed to have passed and the charter shall be amended
as provided in this ordinance.
Section 5. This ordinance is necessary to protect the public health, safety, and welfare
of the residents of the city, and covers matters of local concern.
Attachment B - Proposed Ordinance 8478
Council Committees
Item 4C - 2nd Rdg Ord. 8477 Ballot Measures
Council Compensation & Ord. 8478 Committees
Page 9
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Section 6. The City Council deems it appropriate that this ordinance be published by
title only and orders that copies of this ordinance be made available in the office of the city clerk
for public inspection and acquisition.
INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY
TITLE ONLY this 20th day of July 2021.
____________________________________
Sam Weaver, Mayor
Attest:
____________________________________
Elesha Johnson, City Clerk
READ ON SECOND READING, PASSED, AND ADOPTED, this 3rd day of August
2021.
____________________________________
Sam Weaver, Mayor
Attest:
____________________________________
Elesha Johnson, City Clerk
Attachment B - Proposed Ordinance 8478
Council Committees
Item 4C - 2nd Rdg Ord. 8477 Ballot Measures
Council Compensation & Ord. 8478 Committees
Page 10
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C OVE R S H E E T
ME E T I N G D AT E
August 3, 2021
AG E N D A I T E M
T he Peoples' C rossing/Land Acknowledgement Update
P RI MARY STAF F C O N TAC T
Phil Yates
AT TAC H ME N T S:
Description
I tem 5A - T he P eoples' Crossing
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CITY OF BOULDER
CITY COUNCIL AGENDA ITEM
MEETING DATE: August 3, 2021
AGENDA TITLE
The Peoples' Crossing and Land Acknowledgement Update
PRESENTER/S
Nuria Rivera-Vandermyde, City Manager
Pam Davis, Assistant City Manager
Dan Burke, Director, Open Space and Mountain Parks (OSMP)
Christian Driver, Cultural Resources Coordinator, OSMP
Phillip Yates, City Communications and Engagement, OSMP
Aimee Kane, Equity Program Manager
Clay Fong, Manager, Housing and Human Services (HHS), Community Relations & Office of
Human Rights
EXECUTIVE SUMMARY
The purpose of this memo is to provide the Boulder City Council an update about Open Space
and Mountain Parks’ work to implement The Peoples’ Crossing name change and ongoing
efforts coordinated by city staff to develop a citywide land acknowledgment.
Implementation of The Peoples’ Crossing Name Change
Since the city adopted The Peoples’ Crossing name, Open Space and Mountain Parks (OSMP)
has:
•Updated the new city website and its interactive trail map to reflect the new trailhead
name.
•Installed temporary signs at The Peoples’ Crossing to inform open space visitors of the
area’s name change.
•Invited Tribal Nations to participate in a working group to develop long-term
interpretative panels for the area.
The city will install permanent trailhead sign and trail map infrastructure in late September.
(Attachment A) At that time, the city plans to distribute information to remind community
members of the name change and announce a community event to celebrate the fifth anniversary
of Indigenous Peoples Day in Boulder and The Peoples’ Crossing name change. See page 3 for
more information.
Development of a Citywide Land Acknowledgement
The City of Boulder continues to develop a formal land acknowledgment that has incorporated:
•Direction from the Human Relations Commission.
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•Community input received in March.
•Continuing feedback from American Indian Tribal Nations following a city tribal
consultation on April 7.When presenting a preliminary land acknowledgement – based on
the city’s Indigenous Peoples Day Resolution and community input – staff stressed it was
a “starting point” and that city was open to feedback.
The land acknowledgement update in this memo has several sections, including:
•Key purposes of the city land acknowledgement.
•Broad themes that are guiding the acknowledgement content.
•How the city plans to use it.
•Steps the city has taken to develop the acknowledgement, including engagement with the
American Indian Tribal Nations, the community and city boards and commissions.
•Next steps.
The city continues to receive feedback on the draft acknowledgement staff presented to Tribal
Representatives during the city’s most recent tribal consultation in April 2021. The city
anticipates hosting a city/tribal working group meeting to receive additional feedback on the
land acknowledgement – as agreed to at the spring consultation – in late summer or early fall
2021. As part of this work, the city is also communicating with Tribal Nations to include
Indigenous names and their meanings in the citywide acknowledgment.
Because the city continues to receive feedback from Tribal Nations, the draft land
acknowledgement is not included in this memo. However, the “Guiding Themes” section of
the land acknowledgment update below provides an overview of content that the city plans to
include in the acknowledgement at this time. City staff anticipates providing City Council
another update about the citywide land acknowledgement in fall or early winter 2021
following city/tribal working group meetings. See page 4 for more information.
COMMUNITY SUSTAINABILITY ASSESSMENTS AND IMPACTS
The renaming of Settlers’ Park to The Peoples’ Crossing and the development of a citywide
land acknowledgement helps to fulfill direction and guidance from community members, city
resolutions, plans, policies, memorandums of understanding (MOUs) and consultations with
Tribal Nations, including:
•Indigenous Peoples Day Resolution
•Racial Equity Plan
•Tribal Nation consultations
•Tribal Nation agreements with the City of Boulder
•Final statements from 2019 and 2021 consultations with Tribal Nations.
•Open Space and Mountain Parks (OSMP) Master Plan
FISCAL IMPACT
The estimated cost for replacing OSMP sign infrastructure in The Peoples’ Crossing area is
estimated at $21,300. The city anticipates additional non-personnel costs for the citywide land
acknowledgement at this time.
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“THE PEOPLES’ CROSSING” UPDATES
City staff presented an application to rename Settler's Park to The People's Crossing to the
Boulder City Council on June 3, 2021. The city adopted the new name after following the city
naming policy process which included review by city council.
The city thanks community members who developed the city's Indigenous Peoples Day
Resolution, which led to the process of renaming Settler's Park. It also extends its appreciation to
Tribal Nation Representatives for their guidance in helping the city to rename Settler’s Park.
Since the adoption of The Peoples’ Crossing name in early June, OSMP has:
•Added The Peoples’ Crossing trailhead page on the new city website.
•Updated the city’s interactive trail map to reflect the new name for the trailhead and park
area. This change will soon appear on the Boulder Area Trails App and the Colorado
Trail Explorer. Staff is also working with partners to include the new name on other trail
apps, including Google Maps and All Trails.
•Developed and installed temporary signs to inform open space visitors of the new name
for the area.
•Created a new webpage to inform community members of the process that led to “The
Peoples’ Crossing” name.
•Began planning a community event to celebrate the fifth anniversary of Indigenous
Peoples Day in Boulder and The Peoples’ Crossing renaming effort.
•Invited Tribal Representatives to participate in a city/tribal working group that will help
develop permanent, long-term education and materials for the area. The first meeting is
anticipated to occur in late summer or early fall.
Trailhead Signs and Community Reminders
By late September, OSMP anticipates it will have:
•Installed a new trailhead identification sign at The Peoples’ Crossing parking lot.
•Placed a trailhead kiosk just north of Farmer’s Ditch.
•Installed additional temporary interpretive signs at The People’s Crossing area.
•Updated trail maps signs at the following trailheads: The Peoples’ Crossing, Chautauqua,
Panorama Point, Halfway House, Realization Point and Centennial trailheads.
(Attachment A)
Once that infrastructure is installed, the City of Boulder will distribute several communication
items – including a press release, emails and NextDoor and social media posts – to remind
community members of the name change and to announce the installation of new sign
infrastructure in the area as well as the anticipated community event.
Other “Settler’s Park” infrastructure
OSMP is currently speaking with Transportation and Mobility, Public Works and Parks and
Recreation about the “Settler’s Park” inscription on the underpass connecting Eben G. Fine Park
and The Peoples’ Crossing. The city also plans to speak with the city/tribal working group about
the inscription to gather their ideas about what to do with the inscription. OSMP is also speaking
with Parks and Recreation and with Transportation and Mobility about updating wayfinding
signs in the Eben G. Fine Park area.
There is also a plaque that commemorates Ray and Eunice Cornell includes the phrase “Settler’s
Park” near the greenway path that heads to The Peoples’ Crossing. Current mapping indicates
this plaque is not located on city land. As such, the city does not have jurisdiction to change it.
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LAND ACKNOWLEDGEMENT UPDATE
Overview
Since early 2021, the City of Boulder has been developing a formal land acknowledgment to
honor Indigenous Peoples who have traversed, lived in and stewarded lands in the area since
time immemorial. This land acknowledgment effort also seeks to help the city and the
Boulder community reckon honestly with the legacy of American-European colonization
of Indigenous lands and a history of removal policies that violated human rights and broke
government treaties.
The city recognizes it must take action beyond words. Consequently, it commits to using this
land acknowledgment to inspire purposeful reflection and action for Indigenous community
members and American Indian Tribal Nations when the city:
•Begins new projects.
•Starts long-term community plans.
•Recruits and retains people who identify as Indigenous.
•Develops work plans that guide day-to-day city work.
•Plans City Council and board and commission meetings.
The development and use of a city-wide land acknowledgment also will help the city to:
•Take additional steps to fulfill the Indigenous Peoples Day Resolution which states that
"those now living on these ancestral lands recognize that harm was done and
acknowledge that we have a shared responsibility to forge a path forward to address the
past and continuing harm to the Indigenous People and the land."
•Advance strategies and goals in the city's Racial Equity Plan, which was adopted in 2021.
•Educate community of the Indigenous presence on Boulder-area lands, which has existed
for thousands of years.
During this year’s spring consultation with Tribal Nations, city staff stressed that a draft
acknowledgement presented to Tribal Representatives was a “starting point,” and that the city
was open to feedback. The city has been incorporating comments from Tribal Representatives
through the summer, and staff expect to present a revised version to a city/tribal working group
as agreed to at the city’s spring tribal consultation.
Because the city will likely need to incorporate additional Tribal Representative feedback
throughout the summer and fall, draft acknowledgement text is not included in this memo.
However, the “Guiding Themes” section below provides a broad overview of content themes that
the city plans to include in the acknowledgement. City staff anticipates providing City Council
another update about land acknowledgements in advance of next year’s city-tribal consultation.
The city’s development of city government land acknowledgments continues to take time since
Tribal Representatives and Tribal Governments have other matters to address and consult with
federal, state and local agencies across the country.
Guiding Themes
The city's statement is based on language in the city's Indigenous Peoples Day Resolution,
community input received this spring and Tribal Representatives’ feedback during the city’s
April tribal consultation. This collective input has led to many guiding content themes that will
be in the acknowledgement:
Item 5A - The Peoples' Crossing Page 4
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•Base the acknowledgement on language that community members used in the city's
Indigenous Peoples Day Resolution.
•Include Indigenous Peoples who have traversed and lived in the Boulder Valley since
time immemorial and Indigenous communities who have agreements with the City of
Boulder and historical connections to Colorado.
•Honor Indigenous Peoples with their own names and in their own languages.
•Recognize that knowledge shared over countless generations has shaped enduring
cultural and spiritual connections with the land and natural ecosystems.
•Stress traditions, oral histories and languages that still connect Tribal Nations and
Indigenous Peoples with the area.
•Refute past justifications for the colonization of Indigenous lands – such as "Manifest
Destiny" and the "Doctrine of Discovery."
•Acknowledge and reckon with the past to include statements from the city’s Indigenous
Peoples Day Resolution, such as:
o The City of Boulder recognizes those now living on these ancestral lands have a
responsibility in acknowledging and addressing the past.
o Indigenous People in Boulder have, as in all parts of the Americas, endured
centuries of cruelty, exploitation and genocide.
o The city has benefited directly from the colonization of Indigenous lands and
removal policies that violated human rights and broke government treaties.
o The Boulder City Town Company was founded by settlers on February 10th of
1859, thereby going against the agreement of the 1851 Treaty of Fort Laramie
(also known as the Horse Creek Treaty).
o In August of 1864, nearly 100 Boulder County residents mobilized into Company
D of the Third Colorado Cavalry of U.S. Volunteers at Fort Chambers. This
company of 100 men reportedly trained at the fort before participating in the Sand
Creek Massacre on Nov. 29, 1864.
•Identify specific ways the acknowledgement can initiate meaningful action for
Indigenous community members and American Indian Tribal Nations.
•Create an acknowledgement that can adapt with time, incorporate new knowledge and
histories, and meet changing community needs.
•Develop a consistent approach for land acknowledgments across the city.
How the City Can Use Its Land Acknowledgement
The city intends to develop several versions of the land acknowledgement. Those will include a
full version and shorter example versions in order to accommodate the various ways and formats
that the acknowledgement may be used by the city. Like other communities, the City of Boulder
intends to use the land acknowledgement in several ways, including at meetings and on
webpages and email signatures.
However, the city recognizes it needs to take action beyond words. It plans to use the
land acknowledgment to inspire reflection and meaningful action on behalf of the Indigenous
community members and American Indian Tribal Nations. The city is evaluating how it can use
the acknowledgment during:
•City Council Meetings: City Council members can have a moment of reflection before
every meeting by showing a slide with key land acknowledgment text. Council members
can specifically tie the land acknowledgment to meeting agenda items.
Item 5A - The Peoples' Crossing Page 5
Packet Page 51 of 69
•Board and Commission Meetings: Like the City Council, city boards and commissions
can have a moment of reflection before every meeting by showing the slide with key land
acknowledgment text and tie it to meeting agenda items. Board chairs, department
directors and city staff members can also reflect on the city’s acknowledgment when
developing agendas for future meetings.
•Staff Meeting and Council Action Committee Meetings: When developing agendas
and developing long-term work-plans, staff and City Council members can review and
reflect on the land acknowledgement when discussing upcoming city work.
•Master Plans and Other Planning Efforts: City staff, City Council and boards and
commission members can reflect on the land acknowledgment when beginning
departmental Master Plans and other long-term community projects.
•Annual Work Plans and Staff Projects: City staff can reflect on the land
acknowledgment when developing annual work plans and department projects.
Steps So Far
The city appreciates community members who developed the Indigenous Peoples
Day Resolution and has based its land acknowledgment on their hard work. With the resolution
serving as the foundation for a city acknowledgment, city staff has taken several additional steps
to develop a preliminary city-wide land acknowledgment that included:
•Consultation Planning Meeting, Feb. 18, 2021: City and Tribal Representatives from
federally recognized American Indian Tribes agreed during a Feb. 18, 2021, conference
call to discuss a city land acknowledgment at the city/Tribal consultation on April 7,
2021.
•Human Relations Commission Meeting, Feb. 22, 2021: City staff received guidance
from the Human Relations Commission (HRC) on Monday, Feb. 22, to inform the
development of the city-wide acknowledgment.
•Community engagement, March 3 to March 24, 2021: The City of Boulder received
community input on themes and ideas NOT in the Indigenous Peoples Day Resolution
that could be considered for the city’s land acknowledgment.
•Boulder City Council Meeting, April 6, 2021: City of Boulder staff provided an update
to the Boulder City Council about its land acknowledgment effort in advance of a formal
consultation with federally recognized American Indian Tribal Nations the next day.
•City-Tribal Nation Consultation, April 7, 2021: Tribal Representatives provided
feedback on a preliminary acknowledgment – based on the city’s Indigenous Peoples Day
Resolution and community input – during an April 7, 2021, consultation. During this
meeting, city staff stressed that a draft acknowledgement presented to Tribal
Representatives was a just “starting point” and the city was open to continuing feedback.
Next Steps
The City of Boulder has several steps ahead of it as it works to finalize a city-wide
acknowledgment:
Item 5A - The Peoples' Crossing Page 6
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•City Council Update, August 2021: City staff will provide City Council an update on
the land acknowledgment process and efforts to implement the renaming of Settler's Park
to "The Peoples' Crossing."
•Tribal Nation Feedback on Statement, Summer/Fall 2021: During the city's April 7,
2021, consultation city staff stressed the draft acknowledgment presented to Tribal
Nations was a preliminary version. Following the consultation, the city asked for
additional feedback and has been incorporating feedback from Tribal
Nations. Representatives are busy consulting with other federal and state
agencies through the summer and may not be able to provide feedback until fall.
•City Tribal Working Group, Late Summer, 2021: As agreed to at the 2021
consultation, the city has invited Tribal Representatives to participate in a city/Tribal
Nation working group to develop signage and education that commemorates Indigenous
Peoples’ connection to the area to The Peoples' Crossing Area. This working group is
expected to meet sometime soon and will help the city finalize the city’s planned land
acknowledgment.
•Implementation Planning, Summer/Fall 2021: The city is currently developing a plan
for how it can implement the acknowledgment to initiate meaningful action begins new
projects, recruits and retains staff, starts long-term community plans and develops work
plans that guide its day-to-day city work. City staff anticipate consulting Staff Agenda
Meeting members to hear additional feedback and input for how the city can use its land
acknowledgement to initiate action.
•Original Name/Pronunciation Work, TBD: The city is also communicating with Tribal
Nations to include original Indigenous names in the acknowledgment. The city is also
interested in seeking assistance to possibly create a pronunciation guide that can help
community members pronounce Indigenous names accurately, pending the appropriate
resources are allocated and other barriers.
•City Council Update, Fall/Winter 2021: City staff will provide City Council another
update about on the land acknowledgment effort.
Item 5A - The Peoples' Crossing Page 7
Packet Page 53 of 69
ATTACHMENT A: Sign Infrastructure
Trailhead ID
Sign
Secondary
Kiosk
Wayfinding
Sign Trail Map
Sign Updates
Temporary
Signs
Item 5A - The Peoples' Crossing Page 8
Attachment A: Sign Infrastructure
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C OVE R S H E E T
ME E T I N G D AT E
August 3, 2021
AG E N D A I T E M
In-person C ouncil Meeting Discussion
P RI MARY STAF F C O N TAC T
T BD
RE Q U E ST E D AC T I O N OR MOT I ON L AN GU AG E
In-person C ouncil Meeting Discussion
AT TAC H ME N T S:
Description
No Attachments Available
Packet Page 55 of 69
C OVE R S H E E T
ME E T I N G D AT E
August 3, 2021
AG E N D A I T E M
Review of Proposed Schedule for C U South Annexation Items
P RI MARY STAF F C O N TAC T
Elesha J ohnson
AT TAC H ME N T S:
Description
No Attachments Available
Packet Page 56 of 69
C OVE R S H E E T
ME E T I N G D AT E
August 3, 2021
I N F O RMAT I O N I T E M
Process for forming the library district citizen's advisory committee
P RI MARY STAF F C O N TAC T
J ennifer Phares, Deputy Director, Library and Arts
AT TAC H ME N T S:
Description
P rocess for forming the library district citizen's adv isory committee
Packet Page 57 of 69
INFORMATION ITEM
MEMORANDUM
To: Mayor and Members of Council
From: Chris Meschuk, Deputy City Manager
Kara Skinner, Assistant Director of Finance
Janet Michels, Senior Assistant City Attorney
David Farnan, Library and Arts Director Jennifer Phares, Deputy Library Director
Date: August 3, 2021
Subject: Library District Advisory Committee
EXECUTIVE SUMMARY
During the May 18, 2021 City Council meeting, Council unanimously directed staff to begin the work of
forming a library district. This memo provides information about the process staff will follow to form a
Library District Advisory Committee (LDAC) that will make recommendations for the Intergovernmental
Agreement (IGA) between the proposed library district, the City of Boulder, and Boulder County. This
advisory committee selection process and structure was adapted from the City-Xcel Energy Advisory
Panel.
October 2021 through April 2022, the LDAC will meet, receive information from staff, discuss and
provide recommendations to City Council on the following topics:
• Using the draft IGA prepared by Boulder City Attorneys in consultation with Seter Vander Wall,
PC as a foundation, evaluate and make recommendations to City Council as to the specific
content and decision points in the IGA. These include but are not limited to:
• Library district boundaries
• The library service level community members who reside or own property within the
proposed district boundaries want for the library district to provide and the associated
Mill levy rate.
• Library asset allocation
• Election funding
• Evaluate and provide analysis of the committee’s recommendations for racial and economic
equities pertaining to proposed district boundaries and property tax impacts.
• Recommend the format for educating and engaging the community on this issue.
• Recommend timing of a general election to vote on a ballot measure to establish funding for a
library district.
• Recommend an approach to address issues that will affect the overall tax rate necessary to
provide sustainable funding of a library district.
Packet Page 58 of 69
FISCAL IMPACT
The one-time fiscal impact to the city for forming a committee to develop recommendations for the IGA
between the proposed library district, the City of Boulder, and Boulder County is estimated to between
$50,000 to $100,000 for consultants to support committee facilitation and possibly financial analysis and
legal and human resources advisement through the district election. The library anticipates that it will
cover the cost of committee facilitation from the Library Fund. The scope of the other consultant support
is to be defined and the funding for such support is yet to be determined.
COMMUNITY SUSTAINABILITY ASSESSMENTS AND IMPACTS
• Economic: Ultimately, the formation of a library district with voter-approved funding through
property tax revenues will eliminate the fiscal impact on the City to provide library services. It is
estimated that $6.4 million could be made available to fund other City priorities or to reduce the
amount of other City taxes. If the library district contracts with the City for services from Human
Resources, Facilities, and IT, it is estimated that $3.4 in new revenues could be generated. Based on
past and current community input, the LDAC will assess the level of district library services desired
by the community within the proposed district boundaries . The service level will be used to
determine the property tax mill rate needed to sustainably fund district library services. Once the mill
rate is determined, the specific tax impact on individual households and businesses can be calculated.
Preliminary estimates for individual tax impacts were presented to council during the May 18, 2021
City Council meeting.
• Environmental: The environmental impact of forming a library district is negligible. Expanding
library services into unincorporated Boulder County may have a slight impact by reducing
community members’ car trips into Boulder to get library services if the district establishes new
library facilities .
• Social: A library district board of trustees will be solely responsible to the community for overseeing
how the library’s budget and other resources are used to provide library services. Stable funding will
allow the library district to extend its reach further into the community to marginalized and
underserved members as well as provide more convenient access to services for members who reside
in unincorporated Boulder County. The cost of library services will be shared by more persons.
BACKGROUND
In 2018, the Library Commission advised City Council in the 2018 Boulder Public Library Master Plan
foreword that the creation of a library district is the best path toward a sustainable library system. During
the two and half years that followed, council examined several options to provide stable library funding
and each funding option’s associated governance structure.
During the May 18, 2021 City Council meeting, council unanimously directed staff to begin the work of
forming a library district according to a timeline with milestones for formation by resolution occurring in
July 2022 and a county ballot measure for funding district library services in November 2022. Staff
revised that timeline to an April 2022 milestone for formation by resolution in order to meet deadlines for
notification of the assessor and the trustees to prepare the ballot measure to fund the library district in
November 2022.
Packet Page 59 of 69
ANALYSIS
Adapting the process established for the City-Xcel Energy Advisory Panel, a Library District Advisory
Committee (LDAC) will be formed to review discuss and make recommendations to council on the
following topics:
• Using the draft IGA prepared by Boulder City Attorneys in consultation with Seter Vander Wall,
PC as a foundation, evaluate and make recommendations to City Council as to the specific
content and decision points in the IGA. These include but are not limited to:
• Library district boundaries
• The library service level community members who reside or own property within the
proposed district boundaries want for the library district to provide and the associated
Mill levy rate.
• Library asset allocation
• Election funding
• Evaluate and provide analysis of the committee’s recommendations for racial and economic
equities pertaining to proposed district boundaries and property tax impacts.
• Recommend the format for educating and engaging the community on formation of the library
district and the content and decision points in the IGA..
• Recommend timing of a general election to vote on a ballot measure to establish funding for a
library district.
• Recommend an approach to address issues that will affect the overall tax rate necessary to
provide sustainable funding of a library district.
The committee’s recommendations will be submitted as a written report to the City Manager and the
Executive Project Team (EPT). The report will be included in the staff memo to City Council for the
meeting to be scheduled in January 2022.
Timeline
The timeline selected by council on May 18, 2021 was revised based upon input from Seter Vander Wall,
P.C. It is Attachment A. The revised timeline prepares for a council resolution for formation of the
district and seating of the library district board of trustees in April 2022 (rather than July 2022) to meet
deadlines for notification of the assessor and the trustees to prepare the ballot measure to fund the library
district in November 2022. Meetings to update City Council were also added to the timeline.
Selection Process and Library District Advisory Committee Scope of Work
The member selection process and LDAC’s Scope of Work is Attachment B. The Scope of Work
includes recommendations on the content and decisions points in the IGA and the approach for engaging
the community to give input on the committee’s recommendations and the tax impacts for funding the
library district. The committee will prepare recommendations to present to City Council in January 2022.
The committee’s work will conclude in April 2022.
Staff Support
A professional facilitator will be hired to conduct the committee meetings. Funding for the facilitator will
be requested from the Library Fund. The process will have oversight from an Executive Project Team
(EPT) and receive communications and administrative support from a library staff team. Staff subject
matter experts and possibly finance and HR consultants will be invited to make presentations to the
LDAC. City Finance will calculate mill rate necessary to fund the library district at the service level
desired by the community.
Packet Page 60 of 69
Consideration of Options to Repurpose Library General Fund Support
The EPT recommends that council consider options for repurposing the library General Fund support to
inform the electorate during the November 2022 election. Staff will provide council with information on
the options during the October 19, 2021 study session.
Coordination with the Boulder County Board of County Commissioners
Staff will share the community engagement plan with the Boulder County Board of County
Commissioners for their review and comment. The summary of the community engagement will also be
shared with the commissioners.
NEXT STEPS
• October 19, 2021 City Council Study Session – council endorsement of LDAC members
selected by City Manager/EPT.
• January 2022 City Council Meeting – council receives LDAC recommendations for the IGA
and community engagement.
• April 2022 City Council Meeting – council receives summary of community engagement,
conducts a public hearing, and makes a resolution to form the Boulder Public Library District.
Packet Page 61 of 69
BEGIN COMPLETE ITEM COORDINATOR STATUTE
Aug-21 Sep-21 Form committe for IGA process and hire facilitator City Staff
October 19, 2021 Study Session
-Council endorsement of committee members appointed by
the City Manager
-Staff present options to repupose library General Fund
support
City Staff
Oct-21 Jan-22 Draft IGA
Plan community engagement
Library District Advisory Committee
Library & Communications
Jan-22 City Council Meeting Staff presentation / memo
-Committee recommendations re:IGA
-Committee recommendations for community engagement
City Attorney
Library District Advisory Committee
Jan-22 Mar-22 Coordinated community engagement Library & Communications
Citizen's advisory committee
Mar-22 Finalize district boundary and Mill Rate City Staff
Apr-22 City Council Meeting Staff presentation/ memo
-Present summary of community engagement
-Council Resolution / Public Hearing to discuss purpose,
powers, and financing
City Staff
City Council
24-90-107(2)(a)-public hearing; 24-90-
107(2)(c)-resolution
Apr-22 Form joint City Council / Boulder County Commission
committee to appoint Library District Board of Directors
24-90-108(2)(c)
Apr-22 City Council Meeting
Acceptance of IGA
City Council 24-90-107(2)€
May-22 Aug-22 Prepare for the election Library District Board of Directors
May-22 Jun-22 Notice to the County of the district boundary map
Notice to the County Assessor of the intent to begin
collecting property tax in 2022
Library District Board of Directors
May-22 Jul-22 Execute final IGA City Council
County Commission
Library District Board of Directors
24-90-107(2)(e)(IGA within ninety days of
establishment of the Library District and
after appointment of the Board of
Trustees.)
Aug-22 Draft TABOR ballot measure County Commission
Library District Board of Directors
11/08/22 Election County Commissioners
Library District Board of Directors
Nov-22 Notify PERA Lbrary District Board of Directors
Jan-23 Deadline to provide funding City Finance 24-90-107(2)(d)
11/07/23 Revise City Charter and Boulder Revised Code City Attorney
01/01/24 City employees become district employees (timing
dependent on PERA plan amendment)
City Human Resources
Library District Administration
WORKPLAN TIMELINE LIBRARY DISTRICT FORMATION BY RESOLUTION 2022 TABOR ELECTION
Attachment A- Workplan Timeline
Packet Page 62 of 69
PROCESS FOR ESTABLISHING PROJECT TEAMS AND ADVISORY COMMITTEE
Committee Recruitment
In August 2021, an application process will be promoted to community members and business
representatives interested in serving on the Library District Advisory Committee (LDAC).
Representatives from the Executive Project Team (EPT) and the staff liaisons will review applications
and conduct online/phone interviews later in August with a goal of selecting 6 to 12 members by early
September 2021. The committee will convene starting in October 2021 and meet at least twice per month
given the timeline determined to meet process deadlines for a TABOR election for library district funding
in November 2022.
Members will be selected to represent the racially and economically diverse community members who
reside within the proposed district boundaries. The members are not intended to be subject matter experts
and they are to broadly represent library users and tax payers within the district.
The application will be provided in English and Spanish. The library plans to leverage its community
partners to distribute applications and encourage people to apply.
Requirements
Members representing library patrons, homeowners and residential rental customers must reside in
proposed library district boundaries. Representatives for businesses, non-profits and institutions must
represent a business licensed in the City of Boulder or in Boulder County. Members are to represent the
interests of the portion of the Boulder community for the seat on the panel for which they are appointed.
The members shall be appointed by the City Manager.
City Staff Team and Participation
The City Manager appointed an Executive Project Team (EPT). The EPT selected staff liaisons to support
the LDAC. The liaisons with the support of an outside facilitator will work with LDAC to review
information and assess the impacts of specific decisions about how a library district is formed on
community members who reside within the proposed library district boundaries. LDAC will make
recommendations for each decision point in the Intergovernmental Agreement (IGA) with the intention of
preventing disparity and negative impacts to the various communities within the district boundaries. City
staff subject matter experts from Human Resources, Finance, IT, etc. may be requested by the EPT to
present information to the EPT and/or LDAC. The EPT may also request advise or presentations from
legal, Human Resources and financial consultants be presented to the EPT and/or LDAC.
LIBRARY DISTRICT ADVISORY COMMITTEE
Overview and Purpose
During the May 18, 2021 City Council meeting, council unanimously directed staff to begin the work of
forming a library district beginning with appointment of an advisory committee with community
representatives who reside or own/operate businesses within the proposed library district boundaries.
The purpose of the Library District Advisory Committee (LDAC) is to engage with the community and
then represent the interests of the community during the review, discussion, and formulation of
recommendations about library funding and governance issues of shared importance to area community
Attachment B- Library District Advisory Committee Process and SOW
Packet Page 63 of 69
members. The recommendations are for Boulder City Council, the Boulder County Commissioners, and
the potential Library District Board of Trustees to consider for the Intergovernmental Agreement (IGA)
required by statute C.R.C. 24-90-107(2)(e) to be established between the City of Boulder, Boulder County
and the Boulder Public Library District. The issues for committee review and recommendation include
but are not limited to:
•Using the draft Intergovernmental Agreement (IGA) prepared by the Boulder City Attorney’s in
consultation with Seter Vander Wall, PC as a template, evaluate and make recommendations to
City Council as to the specific content and decision points in the IGA. These include but are not
limited to:
o Library district boundaries
o Determine the desired service level and associated Mill levy rate of community member
who reside or own property within the proposed district boundaries.
o Library asset allocation
o Election funding
•Evaluate and provide analysis of the committee’s recommendations for racial and economic
equities pertaining to proposed district boundaries and property tax impacts.
•Recommend the format for educating and engaging the community on this issue.
•Recommend timing of a general election to vote on a ballot measure to establish funding for a
library district.
•Recommend an approach to address issues that will affect the overall tax rate necessary to
provide sustainable funding of a library district.
Role
•The committee is advisory to City Council. It is not a decision-making body. It as a body or its
individual members cannot direct city staff.
•The committee will serve as the touchpoint for the community to ensure that anticipated effects of
a library district on community members who reside within the district’s proposed boundaries are
considered and evaluated prior to a recommendation to the City Manager and City Council.
•Members will become familiar with basic issues of library governance in the State of Colorado,
and current issues around Boulder Public Library’s funding.
•Members will make recommendations for community engagement to ascertain the community’s
support for formation of a library district.
•Members will make recommendations for community engagement to ascertain the community’s
desires concerning the specific content and decision points in the IGA.
•Members will examine the impacts of multiple, specific IGA decisions and the amount of tax
revenues required to fund a library district.
IGA topics for committee recommendation will be selected by the EPT and include but are not limited to:
o Library district boundaries
o The library service level community members who reside or own property within the
proposed district boundaries want for the library district to provide and the associated
Mill levy rate.
o Library asset allocation
o Election funding
These recommendations if accepted will dictate the Mill rate required to fund a library district.
Attachment B- Library District Advisory Committee Process and SOW
Packet Page 64 of 69
Deliverables
By its first meeting in November 2021, LDAC shall determine its charter consistent with this guiding
document. The charter shall describe the method used to formulate recommendations, i.e. consensus,
majority, and/or submission of majority and minority recommendation, and how the committee will
assess impacts and obtain input from the community if needed.
After considering information and various viewpoints, and by the packet deadline for the January 2022
City Council meeting, the committee shall make recommendations in the form of a written report to
inform the final IGA decisions and on the timing of the TABOR election to the City Manager and City
Council.
Committee members in coordination with city staff will present the group’s recommendations to City
Council in January 2022.
Timeline and Commitment
The committee will meet twice per month beginning in October 2021 through April 2022. The committee
will disband once the Library District Board is appointed.
Membership and Requirements of Member Service
The committee is intended to as much as possible represent the diverse interests of community members
and businesses within the proposed district boundary in determining the services provided by a potential
library district and how the community will be impacted by the increased tax revenues required to
sustainably fund a library district.
Committee meetings shall be open to the public. Public notice of the date, time, and electronic and/or
physical place of each meeting shall be provided on the webpage for the Advisory Panel at least five days
before each meeting.
COMMUNICATION PLAN
City and/or Library Webpage
•Library District information
•Advisory committee information (charter, scope, etc.), contact and key documents
•Staff Contact
Monthly article in BPL newsletter
•Process updates and key dates
Heads Up to Council
Press Releases
Attachment B- Library District Advisory Committee Process and SOW
Packet Page 65 of 69
C OVE R S H E E T
ME E T I N G D AT E
August 3, 2021
B O ARD S AN D C OMMI S SI ON S I T E M
J une 16, 2021 Boulder Arts C ommission Meeting Minutes
P RI MARY STAF F C O N TAC T
C elia Seaton, A dministrative Specialist, Library & Arts
AT TAC H ME N T S:
Description
June 16, 2021 B oulder Arts Commission Meeting Minutes
Packet Page 66 of 69
CITY OF BOULDER
BOULDER, COLORADO
BOARDS AND COMMISSIONS MEETING
MINUTES
Name of Board/ Commission: Boulder Arts Commission
Date of Meeting: June 16, 2021
Contact information preparing summary: Celia Seaton
Commission members present: Kathleen McCormick, Devin Hughes, Bruce Borowsky, Georgia Schmid, Eboni Freeman,
Maria Cole, Caroline Kert
Commission members absent: none
Panel members present: Shanna Shelby, Katharine Reece
Panel members absent: Benita Duran, Kari Palazzari
Library staff present:
Matt Chasansky, Office of Arts & Culture Manager
Lauren Click, Coordinator, Grants
Mandy Vink, Coordinator, Public Art
David Farnan, Director
Celia Seaton, Administrative Specialist
City staff present:
None
Members of the public present: Leah Brenner Clack, Lisa Nesmith, Luis Granda, Laurie Dameron, Mary Wohl Haan
Type of Meeting: Regular|Remote
Agenda Item 1: Call to order and approval of agenda [0:01:27 Audio min.]
The meeting was called to order. McCormick provided an introductory orientation around the virtual procedure, as this
meeting was held through Zoom videoconference. She asked the group for any other addendums to the agenda. Chasansky
clarified that the agenda item “Matters from Commissioners” is an opportunity for roundtable conversation on any topic
outside of other staff, grant, or public art items otherwise on the agenda. There was a nod of approval for the agenda as
presented.
Agenda Item 2: Review of Minutes [0:05:58 Audio min.]
Item 2A, Approval/Review of May 2021 Meeting Minutes
McCormick asked the commission for changes or addendums regarding these minutes. McCormick had minor changes to
the minutes, sent beforehand. Kert moved to approve the minutes as amended, Cole seconded, and the motion was
unanimously approved.
Agenda Item 3: Public Participation [0:07:00 Audio min.]
None.
Agenda Item 4: Commission Business [0.07.07 Audio min.]
A. ACTION: Chair and Vice Chair Appointments – several seats need to be filled for commission leadership.
Nominations were gathered in advance, as well as welcomed in the meeting. McCormick was nominated for chair;
Borowsky and Freeman were nominated for vice chair. Borowsky spoke, withdrawing his name from the
nominations; he would like to see Freeman in the role.
Schmid made a motion that McCormick be appointed chair and Freeman be appointed vice chair of the Boulder
Arts Commission for the 2021 term. Cole seconded, and the motion was unanimously approved.
B. ACTION: Appointments to the Boards of the Boulder Museum of Contemporary Art, The Dairy Arts
Center, and the Convention and Visitors Bureau – roles were discussed for these various nonprofit seats.
Kert made a motion that the following commissioners be appointed to serve on the non-profit boards for the 2021
term: Cole to the board of BMoCA, McCormick to the board of The Dairy, and Borowsky to the board of the
Boulder CVB. Hughes seconded and the motion was unanimously approved.
Packet Page 67 of 69
Agenda Item 5: Grant Program [0.24.20 Audio min.]
A. ACTION: Grant Report Approvals
1. Arts Education Report, Colorado Shakespeare Festival, Shakespeare & Violence Prevention,
$3,000. Borowsky made a motion that the Arts Education Report by the Colorado Shakespeare Festival for
the project Shakespeare & Violence Prevention be approved. Kert seconded, and the motion passed
unanimously.
B. ACTION: Arts Education Grant Decisions – Click presented the commission with option to a)approve the staff
recommendation for the highest-scoring grants, b)approve individual grants, or c)postpone approval of individual
grants pending the answers to specific questions. The scores were discussed (see packet.) The highest scoring
applicants were: Parlando School for the Arts, Street Wise Arts, Todd Mitchell Books, LLC, Luna Cultura, Art,
Science and Culture for thriving communities, LLC, Frequent Flyers Productions, Inc., Colorado Shakespeare
Festival, Boulder Philharmonic Orchestra, Boulder Opera, Rocky Ridge Music Center, and Boulder Symphony.
Two other organizations scored high enough to merit funding but were left unsupported due to the limited monies
available.
Freeman made a motion that Parlando School for the Arts, Street Wise Arts, Todd Mitchell Books, LLC, Luna
Cultura, Art, Science and Culture for thriving communities, LLC, Frequent Flyers Productions, Inc., Colorado
Shakespeare Festival, Boulder Philharmonic Orchestra, Boulder Opera, Rocky Ridge Music Center, and Boulder
Symphony be awarded Arts Education Grants. Borowsky seconded, and the motion was unanimously approved.
An information packet reviewing the past grants cycle will be prepared and presented in an upcoming packet for
City Council.
Agenda Item 7: Matters from Commissioners [0.36.45 Audio min.]
A. McCormick invited commissioners, as part of BAC’s commitment to advocating to more affordable live and work
spaces for artists, to advocate for a proposed affordable and workforce housing project on Spine Road in Gunbarrel
that included spaces for galleries, public art, and housing for artists. She welcomed commissioners to attend the
Planning Board’s virtual meeting addressing the project or to make their voices heard via emails to Planning Board
and City Council.
B. Cole appreciated recent conversation concerning equity, diversity, and inclusion. She suggested dedicating some
time during the retreat to engage in team training to create a common “language” as allies working toward equity.
C. Borowsky stated that he feels strongly that he would like to resume in-person commission meetings. Freeman has
appreciated the virtual format in several ways and believes a hybrid model might work best. Schmid agreed that
she prefers engaging through the virtual format for family reasons.
D. Freeman has reached out to the CU College of Music, which has invited her to come speak (as an individual, not on
behalf of the arts commission) during the Introduction to Arts Administration class this coming fall. She invited
any other commissioners to help prepare content or assist in the presentation.
Agenda Item 8: Matters from Staff [0.57.12 Audio min.]
A. Manager’s Memo: see packet. Upcoming City Council meetings of interest: June 22nd study session about
extending the Community Culture and Safety Tax as "Capital Infrastructure Tax." On July 13th City Council will
hold the first public reading of Community Benefit Project (Phase II).
B. Public Art Updates – Street Wise Arts and the Transportation Department worked with Anthony Garcia Sr.
of Birdseed Collective to create a neighborhood street mural at 19th and Avocado. 26th and Spruce will be the site
of a Paint the Pavement project initiated by Community Cycles in partnership with GO Boulder’s Vision Zero
Innovation Program.
Vink announced a temporary Boulder Strong tribute to open next week. Local artists from The Makerie and Fawns
Leap developed the installation concept and have been working closely with King Soopers and the Office of Arts
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Commissioner McCormick approved these minutes on July 21, 2021; and Celia Seaton attested to it.
and Culture. Their concept, a flower wave installation, will be temporarily created on a 60-foot stretch of fence on
the west side of the King Soopers parking area. The community will be invited from noon on June 25 through 27
to “dissolve” the installation by taking a flower and giving it as a gift.
Freeman suggested promotion of Paint the Pavement through social media channels. Vink will work with Click to
provide the pertinent information.
Agenda Item 9: Adjournment [1.07.20 Audio min.]
There being no further business to come before the commission at this time, the meeting was adjourned.
Date, time, and location of next meeting:
The next Boulder Arts Commission meeting will be at 6 p.m. on Wednesday, July 21, 2021, on Zoom.
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