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09.14.21 DMC Packet DOWNTOWN MANAGEMENT COMMISSION September 14, 2021 4:00 – 6:00 p.m. Virtual Meeting AGENDA 4:00 p.m. Roll Call Staff 4:00-4:05 Approval of the July 13, 2021 Meeting Minutes Board 4:05-4:20 Boulder Police Department (BPD) Update (Commander LeFebre) CAGID Crime Data Dashboard 4:20-4:25 Downtown Boulder Partnership (DBP) Update (Chip) Consent Agenda – Topics will not be discussed unless there are questions posed by the Commission. Please reference the consent agenda memo. 4:25-4:45 Public Comment 4:45-5:15 Matters from Staff Staff • Post-Pandemic Outdoor Dining in CAGID • Ambassador Program Update (Chip) 5:15-5:45 Matters from Commissioners 5:45 p.m. Adjourn Attachments: - Draft July 13, 2021 DMC Minutes - Special District Boards and Commissions Consent Agenda – September 2021 - Post-Pandemic Outdoor Dining Program Memo Commissioner Term Exp DMC 2021 Priorities Andrew Niemeyer Adam Knoff Susan Nuzum Don Poe Stephanie Trees Citizen-at-Large Property Owner/Rep Property Owner/Rep Property Owner/Rep Citizen-at-Large 2022 2023 2024 2025 2026 • Participate in meaningful processes and dialogue exploring future downtown transformations that strengthen the economy, diversify the user base, and engage a broader public to “reclaim” portions of the downtown • Participate in implementation of the Access Management and Parking Strategy (AMPS) and Neighborhood Parking Permit Program and Parking Pricing (NPP) to strengthen multimodal downtown access experiences and infrastructure • Consider repurposed portions of parking infrastructure to meet broader city goals regarding diversity, art and neighborhoods • Explore staff capacity to facilitate more creative board engagements o Encourage cross-district collaboration of board/commission work, including a more active collaboration and discourse with Downtown Boulder Partnership (DBP) and the business improvement district (BID) o Participate in structured engagement with City Council 09.14.21 DMC Packet Page 1 CITY OF BOULDER, COLORADO BOARDS AND COMMISSIONS MEETING MINUTES DOWNTOWN MANAGEMENT COMMISSION NAMES OF MEMBERS, STAFF, AND INVITED GUESTS PRESENT: BOARD MEMBERS: Niemeyer, Poe and Trees (present) Nuzum (absent) (Knoff resigned) STAFF: Jones, Woulf, Bray, Landrith, Sgt. LeFebre (BPD), LaBonte PERSON PREPARING SUMMARY: Heather Hayward, (303) 441-4191 TYPE OF MEETING: Regular July 13, 2021 Meeting called to order at 4:03 p.m. Approval of March 9, 2021 DMC Minutes Niemeyer moved to approve March 9, 2021 meeting minutes. Trees seconded. All in favor. Approval of May 11, 2021 DMC Minutes Poe moved to approve May 11, 2021 meeting minutes. Trees seconded. All in favor. Public Participation None. Consent Items Consent Agenda – No questions Boulder Police Department (BPD) Update (Cmdr. Greg LeFebre) LeFebre reported that the ambassador program launched in the downtown mall area and on the Hill a week ago. BPD has met with them and will provide some training. Cleanups of encampments are being done more frequently. He also said the jail has relaxed its Covid standards. This allows the PD an additional tool for arrests for municipal violations when an individual has 3 or more failures to appear. The new crime data dashboard coming out within next few days and will be available on city’s web site. LeFebre said they’ve increased patrols downtowns on second and third watch. This has been going on for 2 months and has helped in reducing crime. Poe discussed video camera reimbursement program. Downtown Boulder Partnership (DBP) Update Chip said that Bands on the Bricks and the Tebo Train have returned. He discussed the Buffaloes of Boulder project. There will be up to 40 buffaloes created by artists that will be auctioned off and half of proceeds will go to the artist. DBP is working with RRC to get cell phone data for downtown visitors. Chip said this will be helpful to know where visitors are coming from, The data collection is anonymous. Trees said she’d like to see data on the most common questions received. Chip said he could provide that information. DBP board elections will be next week Matters from Staff Introduction of Block-by-Block Team (See 07.13.21 DMC Presentation) Draft July 13, 2021 DMC Minutes 09.14.21 DMC Packet Page 2 Jeremy Tandy introduced himself as the Operations Manager for the Downtown Boulder Ambassador Program and discussed the details of the program. They’ve been assisting with use of mixed-use receptacles on Pearl Street mall and removal of stickers and graffiti. They also provide business outreach. They collect data on contacts and have made 1,500 general hospitality contacts and 163 business contacts at this point. They have more ambassadors onboarding. Chip said that this program is a partnership with DBP and the City and that ambassadors are training with the PD on details of the municipal code. Trees asked about the role of ambassadors in terms of suspicious activity. Tandy said they’re observing and reporting suspicious activity to PD if needed. Chip said the presence and the uniform serves as a deterrent for certain types of behavior. Board Position Elections Election of Nuzum as Chair Niemeyer nominated Nuzum as Chair. Poe seconded. All in favor. Election of Poe as Vice Chair Trees and Poe self-nominated as Vice Chair. Trees seconded Poe’s self-nomination. All in favor. CAGID 2022 Budget Recommendation (Woulf and LaBonte) (See 07.13.21 Presentation) Poe asked about the forecast of EcoPass and anticipation of staff returns. Woulf said they’re having ongoing discussions with RTD about the EcoPass. They’re taking a conservative approach and holding the funds for the full cost of ridership are continuing to monitor changes and work with RTD. Poe asked about charging for parking in garages on weekends. Jones said charging for garages on weekends wasn’t factored into the budget and that the intent of pricing approach is to be as revenue neutral as possible. They will be providing some different options for council to consider by end of year. Bowden said as they start to work on their communications plan, they will be asking for commissioner input on FAQ’s. Niemeyer asked about city-owned vacant retail space in CAGID. Bowden said the city charges less than the average property owner for retail spaces. There is currently one vacancy that has been advertised through their broker, CBRE. Woulf said they’re looking at which properties are more appropriate for affordable opportunities. Approval of Motion to Recommend Approval of the 2022 Community Vitality proposed budget including the 2022-2027 Capital Improvement Plan Niemeyer moved to approve. Poe seconded. All in favor. Meeting adjourned at 5:38 p.m. NEXT MEETING: September 14, 2021 APPROVED BY: DOWNTOWN MANAGEMENT COMMISSION Attest: ________________________ Heather Hayward, Secretary Susan Nuzum, Chair Draft July 13, 2021 DMC Minutes 09.14.21 DMC Packet Page 3 City of Boulder Special District Board Consent Agenda University Hill Commercial Area Management Commission (UHCAMC) – September 7, 2021 Downtown Management Commission (DMC) – September 14, 2021 Boulder Junction Access District (BJAD) Commissions – September 15, 2021 Updates on Community Vitality work plan programs and projects for city special district boards. These updates are for informational purposes only and require no discussion or votes. Special District Updates •UHGID - University Hill Hotel Project Site Tenant Relocation Planning Support - As construction for a new hotel on University Hill at the SW corner of Broadway and University Avenue approaches this fall, Community Vitality Department staff have been working with the 19 impacted tenants of the existing shopping center at that future hotel site to help them plan for business relocation. At this time, 11 businesses have signed leases for commercial space on University Hill or within Boulder. •CAGID/UHGID – Downtown and University Hill Ambassador Pilot – The ambassador program, operating in the downtown, Civic Area, and on University Hill, has been extremely well received from both visitors and business owners. There are 13 ambassadors currently, including the operations manager and two team leads. •CAGID - Colorado CarShare Brings Electric Vehicle Option to 1500 Pearl Garage - A new mobility option is currently available in a downtown CAGID parking garage. Effective August 23rd, an all-electric shared vehicle was made available to Colorado CarShare members at the 1500 Pearl parking garage. The City of Boulder is providing one reserved parking spot to Colorado CarShare. Colorado CarShare will pay the costs to charge the electric vehicle and will pay one-third of the costs for the vehicle’s annual parking pass. The city will fund the remaining portion of the parking pass. •CAGID - CU Student Housing Move-in and CUSG Live Music Series on The Hill – University of Colorado guided a successful process to reduce the impacts of dormitory move-in during the week of Aug. 15-19. CU Student Government and CU staff along with the city and Hill merchants have debuted BuffStreet on The Hill, bringing together the Boulder community for live local music each Thursday from Aug. 26 through Sept. 30 from 6 to 9 p.m. at the corner of 13th and Pennsylvania Avenue. Details may be found here. City of Boulder Updates •AMPS Implementation: Revitalizing Access in Boulder - The AMPS team updated City Council in July on the proposed strategies for updates to our parking pricing, fine structure and the NPP. The feedback we received was overwhelmingly positive and Council provided their support to move into the implementation phase of the work. However, Council requested additional feedback from both the Environmental Advisory Board (EAB) and the Human Special District Boards and Commissions Consent Agenda – September 2021 09.14.21 DMC Packet Page 4 Relations Commission (HRC) to ensure the proposed strategies furthered our goals for sustainability and equity. Council also requested that staff do additional analysis before implementing paid garage parking on weekends. Staff has begun programming and testing new parking rates, drafting ordinance changes and guidelines for the new permit types, and putting together a marketing strategy to communicate these changes with the community prior to their implementation January 1, 2022. Items implementing phase 1 projects (NPP annual permit, pricing adjustments, on-street rate changes and fine adjustments) will be included in the City Budget approval materials scheduled for Council review on September 28, 2021, Questions or comments: Cris Jones (jonesc@bouldercolorado.gov) or go to: www.access4boulder.com. •RTD Transit Center Update - RTD will be offering service changes during September to include increased service on the BOLT, SKIP, 204, and 206. RTD received much public comment on the GS service between Golden and Boulder which has been suspended through the end of 2021. Due to an ongoing shortage of transit operators, RTD has no plans to reopen the Boulder Junction at Depot Square station. •City of Boulder Financial Update – https://bouldercolorado.gov/projects/covid-19-funding Council received an overview on the American Rescue Plan Act during the August 24, 2021 Study Session. This included a discussion on legislative guidance, a summary concerning staff’s recommendations related to timed receipt and uses of locally available funds. The City of Boulder will receive just over $20M to address local impacts of the pandemic, a figure which supplements many federal, state and local funds deployed to aid individuals and businesses directly. Council expressed support for staff’s recommended allocation of 20% of the funding in the short term. This includes $2.1 million for immediate needs related to the recovery, $868,400 for gap funding related to service restorations, $1 million for public health needs and reserves of $1 million for emerging community needs. Council also received a preview of an upcoming Adjustment to Base proposal and the 2022 budget. Together, these projections and recommendations will allow the city to restore many COVID-impacted city services, support immediate needs of the community, and fund efforts to plan for potentially shovel-ready efforts should a federal infrastructure package be approved. Finally, Council provided input to criteria which will be used to determine uses of the remainder ARPA funds available in Boulder. Details may be found here. •CV Front Desk Operations – The front desk no longer requires an appointment for service, but strongly encourages customers to do so. Appointments cut down on wait times and repeat trips to facilitate a more efficient process for customers and staff. Appointments may be made at https://cityofboulder-parkingservices.as.me/. The team also encourages customers to utilize the new online parking portal to purchase or renew their parking permits. All visitors to the front desk must wear masks per city building requirements. For questions regarding appointments or the portal, contact the front desk at 303-413-7300 or parkingservices@bouldercolorado.gov •Boulder Business Recovery Program review – Pursuant to Emergency Order 2020-16, the City implemented an outdoor dining expansion effort citywide to mitigate the impacts of social distancing and indoor dining restrictions on the residents, visitors, workers and restaurant operators. The order is set to expire on October 31, 2021 and Council will receive an update from staff as well as an overview on efforts to advance a post-pandemic Downtown Boulder Outdoor Dining Program during their meeting on September 9, 2021. Staff’s memo may be found in the Sept. 9, 2021 city council agenda packet. Special District Boards and Commissions Consent Agenda – September 2021 09.14.21 DMC Packet Page 5 CITY OF BOULDER Downtown Management Commission September 14, 2021 meeting To: Downtown Management Commission (DMC) - Susan Nuzum, Don Poe, Andrew Niemeyer, Stephanie Trees From: Yvette Bowden, Assistant City Manager & Community Vitality Director Date: September 10, 2021 Subject: Exploration of Post-Pandemic Outdoor Dining Program in CAGID area I.EXECUTIVE SUMMARY Pursuant to Emergency Order 2020-16 and 2020-18 (as amended), the City of Boulder undertook several initiatives in 2020 aimed at ensuring public health and COVID-19 pandemic related indoor dining restriction compliance. In addition to gift cards, third-party delivery subsidies, four rounds of small business grants and industry-specific webinars, the above-referenced Emergency Orders allowed the city to implement the Boulder Business Recovery Program (BBRP) including: •Citywide waiver of parking minimums and continuation of the evening discounted parking in Central Area General Improvement District (CAGID)-owned downtown parking garages •Addition of curbside drop off/pick up locations •Temporary modification of alcohol licenses (as approved by the State of Colorado) •Temporary outdoor dining service area expansions including repurposed use of adjacent public right of way and expansions on private property •Waiver of applicable city fees and expedited review of temporary modification applications •Rerouting of the HOP bus line through residential areas •City-facilitated street closures along the west end of Pearl Street and on the University Hill Event Street including signal changes •Provision of closure barricade and Americans with Disabilities Act (ADA)-accessible infrastructure, signage and temporary art installations as afforded by grants awarded to the City of Boulder Boulder’s locally impacted restaurant industry expressed great enthusiasm for the program and on August 2, 2021, long-time city nonprofit partner Downtown Boulder Partnership (DBP) requested city collaboration exploring the feasibility of a post-pandemic outdoor dining program in Post-Pandemic Outdoor Dining Program Memo 09.14.21 DMC Packet Page 6 Boulder’s downtown core (Attachment A). Updates concerning BBRP and DBP’s proposal were presented to Council and discussed during the September 9, 2021 Council Meeting. During that meeting, council expressed support for public safety-related extension of the BBRP program through April 30, 2022, and for the city’s continued exploration of a post-pandemic program as proposed by DBP. DBP has acknowledged that any post-pandemic outdoor dining effort in Boulder’s downtown core requires thoughtful consideration of safety, access, fiscal and other compliance and quality of life impacts. Appreciating DMC’s advisory role related to the CAGID district’s access and vibrancy, staff provides this memo as relevant background and will solicit input from DMC in response to questions provided below. DMC’s feedback will aid next steps in the city’s continued exploration of post-pandemic options with DBP. II.STAFF RECOMMENDATION Staff recommends that DMC support the city’s continued work with DBP toward the development of a post-pandemic outdoor dining program balancing the varied needs and interests of residents, workers, visitors, the city and businesses in the achievement of community goals (safety, equity/inclusivity, fiscal and environmental sustainability, etc.). Staff further recommends that this exploration specifically address and include: •Codification of guiding principles for any post-pandemic outdoor dining program and an engagement plan for interim (3-year pilot) outdoor dining effort (including, but not limited to, compliance with safety vehicle and ADA access as well as consideration of surrounding property owner interests); •Adherence to state and local licensure and regulatory guidance; •Identified pilot program metrics related to access, safety, fiscal sustainability (including general fund revenue offset); and •Clarity regarding physical scope and duration of the pilot If and as these recommendations are supported by DMC, they will become components of any negotiated agreement with DBP. III.BACKGROUND Many businesses in Boulder currently operate outdoor dining areas through the city’s patio lease permitting efforts or as part of their leased space arrangements (rooftop decks, garaged windows and enclosed plaza space, as examples). BBRP has allowed other businesses to explore the operational benefits and challenges associated with outdoor dining expansions (see Attachment B maps) and to evaluate their degree of interest in continuation of this popular opportunity. The city and DBP are working together to develop a plan for a post-pandemic pilot downtown. Pursuit to subsequent negotiations between the city and DBP, a potential three-year pilot allows for further study and community outdoor dining options while appreciating current DBP and city work plans/staffing resources, role clarity, exploration of potential alcohol licensure implications and Post-Pandemic Outdoor Dining Program Memo 09.14.21 DMC Packet Page 7 development of infrastructure and operating plans ensuring community safety as well as city and DBP operational efficiency. Such a pilot program would allow for continued evaluation and outreach including, as the parties might agree, future consideration of Pearl Street Mall Refresh and/or Civic Area Vision Plan implementation efforts. That notwithstanding, any post-pandemic outdoor dining program must consider program scope, costs, operational impacts, sustainability, and safety implications as well as other intended and unintended implications in the short- and long-term. Recently, staff met with DBP’s stakeholder group and shared a timeline provided below which would anticipate program launch in the spring of 2022. Of course, any ultimate agreement concerning a DBP-facilitated program in downtown Boulder would supplement, not replace, existing expansion opportunities already available for restaurants citywide including, for example, private property expansions, garage-dooring windows and patio leasing. IV. ANALYSIS Since the beginning of the COVID-19 pandemic, Boulder community members and business operators have expressed general support for efforts, including BBRP, that have aided retention of employees, small business viability and safety of residents. DMC should note: Varying perspectives and interests 1. Though the majority of downtown Boulder’s 43 current BBRP-permitted restaurants operators have benefited from the program, some have since removed their temporary expansion areas. Still others have expressed enthusiasm but suggested that the program is not equitable as they have had to pay for safety-related infrastructure while business in closure area(s) have not. A few have expressed discontent with the closure area as impacting nearby parking needed for pick-up orders and deliveries (especially in winter months) and many restaurants remain shuttered or have closed as the pandemic’s impacts linger. 2. Municipalities across the Front Range (and, indeed, the Country) are exploring the impacts of repurposing initiatives in public spaces, related alcohol licensure and risk. In Colorado, alcohol related State guidance concerning individual business licenses, communal consumption and entertainment districts is evolving. 3. Some residential neighbors in the downtown core have expressed discontent concerning outdoor dining related noise and spill-over parking impacting their quality of life. There have also been concerns expressed regarding uses inconsistent with traditional mall rules (prohibitions on dogs, bicycles, etc.) Nevertheless, there is substantial intercept survey data expressing support for continued outdoor dining. 4. Priorities for downtown infrastructure and programs vary. In recent years, the community has expressed interest in downtown safety-related initiatives, public restroom access, art, transit connections, sustainability features, historic preservation and other efforts which have or may compete for consideration and public support. Post-Pandemic Outdoor Dining Program Memo 09.14.21 DMC Packet Page 8 Risk, safety, operations, and access 1. There is no city precedent for permanent closure or long-term repurposing of public space (including but not limited to uses of the right of way) without substantial public input. Even periodic street closures related to special events are limited, require public notice and, in most cases, require the agreement of 80% of the block face to proceed. 2. Much of Boulder’s downtown is in impacted by the flood plain and critical to the smooth operation of city streets, utilities, transit, maintenance, and safety operations. The operation and infrastructure associated with winter weather months also proves increasingly challenging and safeguards should be taken to ensure ADA access year- round. Semipermanent or permanent infrastructure changes would be cautiously viewed under Boulder’s code and ordinances to maintain access and ensure public safety. Impact on general fund revenue and fiscal responsibility 1. Many municipalities, including Boulder, charge for parking in their downtown core. Boulder has charged for use of the right of way since 1943, with those revenues going to the city’s general fund. Excluding city operated surface parking locations and all city- operated garages, the CAGID district currently includes 962 parking spaces (roughly 200 square feet each). Presently, 106 (11%) of the district’s 962 parking spaces and 58 loading zones are being repurposed to accommodate temporary BBRP outdoor dining expansions. This does not include much of the right of way utilized along the Pearl Street Mall bricks. Staff estimates that during the course of a normal year, these on-street parking spaces generate in excess of $500k for the general fund as limited by the current levels of utilization. In addition, staff estimates waiver of $89k in permitted patio licenses, most of which are on the pedestrian mall area. Recent capital improvements installing signage and improved pay station kiosks may also warrant relocation and reimbursement consideration if and as impacted by any short- or long-term outdoor dining program. 2. The staff’s initial proposal discussed with DBP repurposed on-street paid parking locations in the CAGID area as offset by a lease/license fee which would have eliminated the need for any full street closure, fully reimbursing the General Fund for anticipated loss and was achievable on either a seasonal or year-round basis. This proposal also ensures emergency vehicle, HOP route and ADA access in Boulder’s downtown core. Sustainability, Equity, Inclusivity and Evolving Outdoor Dining Concepts 1. There are many urban concepts across the country currently testing and measuring the impact of right-of way repurposing initiatives. In Boulder, these concepts and metrics have not been explored under the current Emergency Orders. It should also be noted that inclusive access and required emergency vehicle and utility access will have many iterations across the CAGID area where curbs, sidewalk widths and other infrastructure significantly vary and contribute to the way the CAGID district functions and is experienced (i.e.: bike lanes, tree wells, lighting, sight lines). 2. Some community members have stressed that designating public space for specific for- profit purposes must be considered a repurposing of public assets and will have impacts on future possibilities in the area including consideration of art installations, performances, Post-Pandemic Outdoor Dining Program Memo 09.14.21 DMC Packet Page 9 special events and competing business and public concerns. Given the foregoing, staff seeks DMC’s input concerning the following questions: 1. Does DMC support the city’s continued exploration of a post-pandemic Outdoor Dining Program in Boulder’s downtown core/CAGID district? 2. What suggestions does DMC have concerning community engagement contributing to the development of agreement terms for any 3-year pilot licensure agreement with DBP which might accommodate a Downtown Boulder Outdoor Dining Program beginning in 2022? 3. Given DMC’s advisory role related to CAGID access and vibrancy, what suggestions does DMC have regarding metrics which might be tracked during any post-pandemic Downtown Outdoor Dining program pilot? V. NEXT STEPS Subject to DMC’s responses to the questions above, DMC should anticipate the following next steps: September 2021 City/DBP continued exploration of post-pandemic pilot program concepts October 2021 (est.) Council IP and potential presentation of license agreement on consent December 2021 Publication of guidelines and application April 2022 Tentative program launch ### Post-Pandemic Outdoor Dining Program Memo 09.14.21 DMC Packet Page 10