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HomeMy WebLinkAbout12.17.2015 BJAD Packet Boulder Junction Access District (BJAD) Joint Commission – Parking and TDM Meeting & Boulder Junction Access District (BJAD) – Parking Meeting December 17, 2015 4 - 6 pm 1777 West Conference Room, 1777 Broadway 1. Roll Call  BJAD TDM: Hyde-Wright, Koval, Osborne, Pawlowski, Pedersen  BJAD Parking: Koval, Osborne, Pedersen, Shanahan, Wells 2. Disclosure of Conflicts of Interest 3. Public Participation 4. 2015 Meeting Minutes Status 5. Feedback from Both Commissions: Council 2016 Priorities 6. Feedback from Both Commissions: Scope of Update to Funds Projections 7. Matters from Staff 8. Adjourn as the Joint Commissions 9. Convene as the TDM Commission 10. Update on BCycle Station Funding 11. Matters from the TDM Commission 12. Adjourn as the TDM Commission 13. Convene as the Parking Commission 14. Feedback on Depot Square Plaza Rules 15. Update on the Parking Management System  Status of Garage Acceptance  Update on Liens  Permit Application and Rate 16. Matters from the Parking Commission 17. Adjourn as BJAD Parking Commission Attachments:  Memorandum and Attachments re: Depot Square Plaza Rules  Memorandum and Attachment re: Permit Pricing and Draft Permit  Memorandum Regarding Status of Depot Square Garage  Memorandum re: Update and Analysis of Boulder Junction Forecast and Estimates Upcoming Meetings/Topics BJAD Joint Commission Meeting: January 21, 2016 Status of Bike Station Commissioner Terms: BJAD 2015 Priorities: TDM Commission Term Expires John Pawlowski-Chair 3/2018 Property Owner/Rep - Boulder Junction’s new community implementation John Koval-Vice Chair 3/2016 Property Owner/Rep - Planning on Pollard site Alex Hyde-Wright 3/2020 Citizen at Large - Installation of quiet zones Susan Osborne 3/2019 Citizen at Large - “Last mile” transportation strategies Scott Pedersen 3/2017 Property Owner/Rep - Council / Commission knowledge collaboration - BJAD two boards’ consolidation potential Parking Commission Term Expires - Informational sessions with City Council Susan Osborne-Chair 3/2019 Citizen at Large John Koval-Vice Chair 3/2016 Property Owner/Rep Scott Pedersen 3/2017 Property Owner/Rep Jeff Shanahan 3/2018 Property Owner/Rep Thomas Wells 3/2020 Citizen at Large   MEMORANDUM  TO: Boulder Junction Access District Commissions  FROM: Molly Winter, Executive Director, Department of Community Vitality  RE: Proposed Depot Square Plaza Rules  DATE: December 13, 2015                 Attached is a draft of proposed rules and regulations for the Plaza within the Depot Square development  at Boulder Junction, see attachment A, as recommended by staff.  The plaza is within the condominium  community of Depot Square and while private property the plaza functions as a public area.  The  condominium declaration addresses the nature of the plaza and stipulates that rules be developed and  adopted by the condominium board, see attachment B.  As one of the unit owners and members of the  condo board, staff is seeking your recommendations and thoughts about the proposed draft which is  based on existing regulations in the city of Boulder code and drafted by the city attorney’s office.  The  Boulder Junction Executive Team has already provided feedback as the city of Boulder is also a unit  owner (the Depot).    As the basis of the draft plaza rules, staff used the regulations of the Pearl Street Mall as the starting  point.  While technically private property, the Condo Declaration states that while a mix of public land  private ownership, the “plaza shall be designed and managed such that it is perceived and used as a  single, unified space with specific activity zones. “  The Declaration also states that areas should be kept  clear for travel through the plaza of different types.  The rules will promote and regulate activities and  organized events that will enliven the plaza and act as a gathering place for the surrounding  neighborhood as well as a destination of visitors.  And finally, the Declaration also states that nothing  shall limit the right of the Association to regulate first amendment rights by reasonable time, place and  manner restrictions.    Staff is seeking your feedback on the proposed plaza rules to present to the board of the Condo  Association who will adopt the rules and its management company will implement them.  Staff has  highlighted questions in the margins.  The Commission meeting in December is an opportunity to ask  any questions and/or provide feedback.  A formal public hearing will be held in January with a formal  recommendation of the BJAD Parking Commission, as one of the unit owners.    Attachments:  Attachment A:  Draft Depot Square Plaza Rules  Attachment B:  Section 13.11 of the Condominium Declaration – Use of Plaza  Attachment C:  Draft Plaza map  Attachment A:  Draft Depot Square Plaza Rules  1 DEPOT SQUARE PLAZA RULES I. INTENT OF PLAZA RULES. 1. While ownership of Units within the Project represents a mix of public and private ownership, the Plaza shall be designed and managed such that it is perceived and used as a single, unified space with specific activity zones identified through design and management techniques (e.g. zones that must remain clear for pedestrian and emergency vehicle access to all Units, vending areas if permitted by the Board, and areas for gatherings). The Plaza is surrounded by, and does not include, areas to be kept clear for ingress and egress of pedestrians, bicycles, service vehicles, and visitors to Depot Square (the “Ingress/Egress Zones”). 2. The Plaza Rules shall promote and regulate activities and organized events that will enliven the Plaza, support the Plaza’s role as a gathering area for the Boulder Junction neighborhood as well as a destination for visitors and the broader community, and contribute to the viability of all of the Units, provided that in no event shall activities that are a Nuisance be permitted. The design and management shall also support an attractive and comfortable space that works well for programmed events while also supporting a range of informal activities. The Managing Agent shall also consider opportunities for coordination of programming and activities between the Plaza and the adjacent Boulder Junction Park area. 3. It is not the intent of Depot Square to regulate or establish prior conditions of restraint upon the exercise of personal rights or individuals using the Plaza embraced by the First Amendment to the U.S. Constitution, and Article II. Section 10 of the Colorado Constitution. However, nothing in these rules shall limit the right of the Association to regulate these acts by reasonable time, place and manner restrictions to the fullest extent permitted by law, including requiring permits for various uses of the Plaza, requiring clear and safe pathways for pedestrian movement through the Plaza and to and from the Units, and limiting late evening, night or early morning activities that may interfere with users of the Units. II. DEFINITIONS. A. “Ambulatory vendor” means a portrait, caricature or landscape artist using non-airborne mediums, or any person who engages in the business of selling balloons, balloon sculptures, flowers or shoe shines. B. “Association” shall mean Depot Square Owners Association, Inc., a Colorado nonprofit corporation, and its successors and assigns. The Association shall act by and through its Board of Directors and officers unless the Articles, Bylaws or Community Declaration specifically requires otherwise. C. “Board of Directors” or “Board” shall mean the governing body of the Association. D. “Educational activity” means all noncommercial activity of any person or group directed at informing or persuading the public which is consistent with the provisions of this code and the laws of the state and the United States, and specifically includes the passage of petitions and the advocacy of candidates and issues in any election. Attachment A:  Draft Depot Square Plaza Rules  2 E. “Encroachment” means a improvement, structure or obstruction extending into or located within, upon, above or under any plaza right of way or public easement. F. “Entertainment” means a performance or show designed to entertain the public but excludes services provided on a one to one basis. G. “Managing Agent” shall mean a person or entity engaged by the Association to perform certain duties, powers, and functions of the Association as the Board may authorize from time to time. H. “Noncommercial” means that which does not involve the sale of real or personal property or a service. I. “Nonprofit group” means an entity which has received a tax status determination by the United States Internal Revenue Service as a Section 501 tax exempt organization, or which is incorporated as a nonprofit corporation under the laws of the state of Colorado, or which is incorporated as a nonprofit corporation under the laws of another state and has been issued a certificate of authority by the secretary of state for Colorado to conduct affairs in Colorado. J. “Nuisance” shall mean the unreasonable, unwarranted, or unlawful use of the Plaza in a manner that substantially interferes with the enjoyment or use of another Unit's Boulder Junction property including and not limited to a violation of one or more Plaza Rules or City of Boulder noise restrictions as set forth in Chapter 5-9, "Noise," B.R.C. 1981. K. “Personal services” vendor means any person providing personal services on a one on one basis which does not involve the sale of goods. L. “Plaza” shall be described as the area depicted on the Community Map attached to these rules and have the meaning set forth in the Community Declaration of Depot Square recorded on July 29, 2013 or any subsequently adopted document. The Board may amend the Community Map from time to time to modify the locations of the Ingress/Egress Zones, including reducing the size of the Plaza, as it deems reasonably necessary to ensure clear access to the Units for owners, permittees, invitees and visitors of Depot Square. M. “Sale” or “sell” means the exchange of goods or services for money or other consideration, and includes the offering of goods or services for a donation except when a writing is offered for a donation to express bona fide religious, social, political or other ideological views, and the writing is carried by the person offering it and not set on the ground or any structure. N. “Smoke” or “Smoking” shall mean the lighting of any cigarette, cigar, pipe or activation of an electronic smoking device, or the possession of any lighted cigarette, cigar, pipe or activated electronic smoking device regardless of its composition. O. “Special entertainment” means any activity which involves the juggling, casting, throwing or propelling of a knife or burning projectile on the Plaza or involves the use of Attachment A:  Draft Depot Square Plaza Rules  3 equipment on the Plaza which is more than six feet above the surface of the Plaza when at rest or when bearing a load while being used in the act. P. “Special event” means an educational or cultural event of community-wide interest, including, without limitation, events involving sales, the primary purpose of which is not for profit, which is consistent with the intent of these Rules, and which is scheduled and approved by the Managing Agent, or an activity not involving sales and sponsored by a nonprofit group, that involves the use of a booth, blanket, table, structure, cart, or other equipment on the Plaza. It also means sales conducted as a fundraising activity by a nonprofit group. III. ENFORCEMENT. 1. The Plaza Rules shall be managed and enforced by the Managing Agent or his/her designee. 2. Violators of Rules shall be provided with a written warning indicating the rule violated, the date and time of such violation, a photograph of the violation if possible, and notification that a subsequent violation of the same rule shall be grounds for a trespass order. 3. Written trespass orders shall be personally served on the person, shall indicate the violation that formed the basis for the trespass order, the expiration date of such order, and shall be signed by the Managing Agent. IV. DESIGNATION OF ZONES. 1. In order to carry out the provisions of these Rules, the Plaza is divided into the following zones: a. Zone 1 consists of the ten feet of property directly adjacent to the north and south Plaza property lines. b. Zone 2 consists of the areas of Plaza property that have been designated for pedestrian traffic, emergency and service vehicles and street furniture. c. Zone 4 consists of all landscaped areas of the Plaza. d. Zone 5 consists of those areas where the Managing Agent may install a temporary or permanent structure which is managed to answer visitor questions about activities and services on the Plaza and within the City generally. 2. The boundaries of these zones are established as illustrated on maps entitled “Plaza Diagrams 1 through 4,” at the end of this chapter, which are incorporated by reference into this chapter. Comment [sml1]: Seems like it might be a good  idea to have zones to designate fire lanes, etc., and  anything else that may be important  Attachment A:  Draft Depot Square Plaza Rules  4 V. USES PROHIBITED WITHOUT PERMIT. 1. No person shall sell, display for sale or advertise for sale any goods or services to the public on the Plaza without a valid permit or lease therefor issued under these rules. This subsection does not apply to a sign, including, without limitation, a sandwich board, carried by a person and not set on or affixed to the ground. 2. This subsection does not apply to free distribution of information, flyers, pamphlets or brochures. 3. No person shall conduct any activity or enterprise that involves placement of a cart, unrolled blanket, booth, table, stage, movable structure or other similar equipment on the Plaza without a valid permit therefor issued under these rules. 4. This subsection does not apply to equipment that is intrinsic to an entertainment act, provided that the equipment: a. Can be carried or wheeled by the entertainer; and b. Is not over six feet in height when: i. At rest; or ii. Bearing a load while being used in the act; and c. Covers a rectangular area no larger than five feet by six feet. 5. No person shall install or construct an encroachment on the Plaza without a valid permit or lease therefore issued under these rules. 6. No person shall use amplified sound on the Plaza unless it is part of an approved Special Event permit issued under this chapter allowing such amplified sound. 7. No person shall juggle, cast, throw or propel a knife or burning projectile on the Plaza or use equipment which is more than six feet above the surface of the Plaza when at rest or when bearing a load while being used in the act, without a valid special entertainment permit issued under these rules. 8. No person issued a permit under these rules shall violate any term or condition of that permit. VI. AMBULATORY VENDING PERMIT. 1. Ambulatory vending is permitted only in Zones ______. 2. An ambulatory vendor's permit is valid for a one-month period, as specified in the permit, upon payment of the fee prescribed by the fee schedule adopted by the Board. Comment [T2]: Does the Board want to allow  this?  Attachment A:  Draft Depot Square Plaza Rules  5 3. No ambulatory vendor shall place any cart, unrolled blanket, tent, booth, canopy, stage, table, movable structure or other similar equipment on the Plaza except as otherwise allowed in subsections (d) and (e). 4. A permittee who is a portrait, caricature or landscape artist may use one easel, two chairs and one freestanding sign that does not exceed the size of an eighteen-inch by eighteen- inch board so long as the artist's equipment does not occupy an area of the Plaza larger than five feet by six feet. 5. A permittee may use one small stool. 6. Sales shall be limited to items created at point of sale. VII. MOBILE VENDING CART PERMIT. 1. Mobile vending carts are allowed only in Zones 2, and 3. 2. The Managing Agent may issue as many mobile vending cart permits as the Managing Agent deems appropriate, but the Managing Agent shall not permit the operation of more than two mobile vending carts on the Plaza at the same time. 3. A mobile vending cart shall remain in operation during the minimum number of retail business hours specified in the permit. This shall not be less than five days per week and four hours per day during the months of May, June, July, August and September, and for such additional hours, which requirement shall not exceed the summer requirement, as the Managing Agent may specify in the permit. 4. A mobile vending cart shall not exceed a size of four feet in width by ten feet in length, excluding roof overhangs and wheels, by eight feet in height. 5. A mobile vending cart permit may be issued only if the proposed vending cart will benefit the public or enhance the ambiance of the Plaza. The Managing Agent may issue regulations establishing a merit system of review of mobile vending cart applications, which may include, without limitation, design quality of the cart, addition of diversity to products available on the Plaza, compatibility with Plaza activities, experience of the applicant, financial feasibility, cost and quality of product and the length of the season during which the product can be marketed. 6. No operator of a mobile vending cart shall conduct the operator's primary trade at locations other than those authorized in the permit. But the operator may sell goods in transit upon request. If an authorized location conflicts with a Special Event, the Managing Agent may temporarily relocate the vendor. The Managing Agent may also approve permanent changes of location as other locations become available, if two permittees agree in writing to exchange locations or temporarily on a month to month basis during September through May if the Managing Agent has reason to believe that the regular vendor will not be using the location. 7. A mobile vending cart shall be in operation as required in subsection (c) of this section or the permit will automatically expire. Comment [sml3]: No sure if you wanted these  type of vendors?  Comment [T4]: Does the Board want to make  vendor cart selections or defer to managing agent?  Comment [T5]: Cart dimensions need to be  smaller for the Plaza.  Attachment A:  Draft Depot Square Plaza Rules  6 8. A permittee is responsible for maintaining the area within and in proximity to the permittee’s cart in a neat, clean and hazard-free condition, including, without limitation: a. Disposing of all trash off-site; and b. Storing all mobile vending carts off the Plaza when not in operation. 9. A mobile vending cart permit is valid for a one-year period, beginning April 1 and ending March 31, with two options to renew for additional one-year periods, upon timely payment of the fee prescribed by the fee schedule. A mobile vending cart permit is not automatically renewable thereafter. A permittee who wishes to continue operating after the expiration of the permit shall follow the application procedures required of a continuing vendor as established by Managing Agent rule in accordance with the section titled “Application Procedures.” 10. The holder of a mobile vending cart permit shall indemnify and hold harmless the Association, its officers, employees and agents against any and all claims arising from any occurrence occasioned by the permitted use, and shall maintain during the period of the permit comprehensive general public liability and property damage insurance, as prescribed by the section titled, “Insurance Required,” naming the Association, its officers, employees and agents as insureds; providing that the insurance is primary insurance and that no other insurance maintained by the Association will be called upon to contribute to a loss covered by the policy; and providing for thirty days’ notice of cancellation or material change to the Association. 11. Each cart shall display a sign at least one foot by one foot visible to the public which contains the required dates and hours of operation, the items for sale, and the prices of the items. The sign shall be presented to the Managing Agent for approval before it is used. All items must be approved by the Managing Agent as part of the application process. The Managing Agent may approve item changes or substitutions upon receiving written application for such change. 12. No person shall fail to maintain, and provide proof when requested, of the permit authorizing such use. VIII. PERSONAL SERVICES VENDING PERMIT. 1. Personal services vending is permitted only in Zones 1, 2 and 3. 2. A personal services vending permit is valid for one calendar month, as specified in the permit, upon payment of the fee in the fee schedule adopted by the Board. 3. Only rwo monthly permits may be issued at any one time, at locations specified by the Managing Agent. No permittee shall vend at any location other than that for which the permit has been issued. 4. The permittee may place one table or one blanket, one advertising sign and other equipment intrinsic to the service, so long as all such equipment is hand carried in one trip onto and off the Plaza, and occupies a rectangular area of the Plaza no larger than five feet by six feet. Attachment A:  Draft Depot Square Plaza Rules  7 The advertising sign shall be no larger than eighteen inches by eighteen inches. The applicant shall indicate on the application what equipment is to be used as intrinsic to the service and who will be performing the service, and the Managing Agent shall list on the permit the equipment which is approved as intrinsic to the service and the persons authorized as vendors. IX. SPECIAL EVENT PERMIT. 1. Special Event permits may be issued for zone #_____. 2. A Special Event permit is valid for the approved number of days upon payment of the fee prescribed by the fee schedule adopted by the Board and attached to these Rules. 3. A Special Event permit issued to a Board member is valid for one to ten days per year without a fee. 4. The Managing Agent may, by contract, provide for one or more series of artistic performances for the entertainment of the Plaza public, which series shall involve regularly scheduled performances over four weeks, with a minimum number of performances of once per week, with each performance lasting a minimum of one hour and a maximum of four hours. Such a contract shall serve as a Special Event permit, allowing the use of a stage or other equipment, and amplified sound, as specified in the contract. 5. The Managing Agent may only permit the use of amplified sound in connection with a Special Event, and only if the amplified sound is essential to the exercise of a use allowed under this chapter, and will benefit the public or enhance the ambiance of the Plaza. Every use of amplified sound will comply with City of Boulder noise restrictions as set forth in Chapter 5-9, "Noise," B.R.C. 1981. The managing agent may attach such other reasonable conditions on the use of amplified sound as may reduce friction among competing uses of the Plaza or serve the purposes of this chapter. X. SPECIAL ENTERTAINMENT PERMIT. 1. Special entertainment permits may be issued only for Zones 1, 2 and 4. 2. The holder of a special entertainment permit shall indemnify and hold harmless the Association, its officers, employees and agents against any and all claims arising from any occurrence occasioned by the permitted use, and shall maintain during the period of the permit comprehensive general public liability and property damage insurance, as prescribed by the section titled “Insurance Required,” naming the Association, its officers, employees and agents as insureds; providing that the insurance is primary insurance and that no other insurance maintained by the Association will be called upon to contribute to a loss covered by the policy; and providing for thirty days' notice of cancellation or material change to the Association. The Managing Agent may waive all or any part of this insurance requirement if the special entertainment permit requirement is based solely on the height of the equipment used, if the applicant demonstrates to the Managing Agent's satisfaction a history of safety with respect to the use of such equipment, and if the Managing Agent concludes that the nature of the equipment and its use is such that harm to other Plaza users or to property other than that of the applicant is unlikely to occur. Comment [T6]: Allow private exculusive use  events?  Attachment A:  Draft Depot Square Plaza Rules  8 3. A special entertainment permit is valid for the period and the hours specified in the permit, which shall be for reasonable hours and a reasonable period no greater than one month per permit; no fee will be charged for its issuance. Such a permit is not an exclusive permit for use of the area of the Plaza designated therein. The managing agent may attach such other reasonable conditions on the use of a special entertainment permit as may reduce friction among competing uses of the Plaza or serve the purposes of this subsection. 4. If a special entertainment permit has been granted which involves the use of equipment more than six feet above the Plaza when at rest, the Managing Agent may authorize the permittee to attach or secure objects to Plaza property, and to climb on Plaza property if needed to do so, if the Managing Agent is persuaded that the safety and convenience of Plaza users, including, without limitation, other entertainers, public safety and the service life of Plaza property is not adversely affected thereby. XI. GENERAL PERMIT AND LEASE REQUIREMENTS. 1. No person shall fail to maintain the area within and in proximity to the location of the leased premises or permitted location in a neat, clean, and hazard-free condition, including, without limitation, disposing of all trash off-site and according to zero-waste industry standards. 2. The Managing Agent may deny a permit, upon a determination that: (1) The application does not meet the purposes and requirements and intent of these Rules; would violate any law; or the proposed use would constitute a physical hazard to the public health, safety, or welfare; (2) The applicant has failed to supply any of the information required on the application; (3) The applicant has provided false information or misrepresented a material fact in connection with an application; (4) The applicant has failed to obtain required insurance; (5) The applicant has failed to pay the required permit fee or deposit; (6) The applicant has within the past three years, from application date, violated a law or condition in a permit governing the activities permitted by the permit; (7) The applicant has previously unlawfully conducted activities that require a permit without obtaining such permission in advance; (8) The applicant had a city issued permit revoked within the past three years; Attachment A:  Draft Depot Square Plaza Rules  9 (9) The applicant is not qualified by experience, training, or education to engage in the activity authorized by the permit; or (10) The applicant has been finally convicted of an offense and would create danger to the public health, safety, or welfare if the applicant were to engage in such offensive conduct after the permit were issued. 3. If the Managing Agent denies a permit application under this section, the Managing Agent shall notify the applicant in writing stating the specific grounds for denial. The applicant may thereafter appeal the denial to the Board’s designee for appeals by submitting a written request for review on a form provided by the Managing Agent and under the procedures set forth in the same form. The Board’s designee shall provide the applicant and Managing Agent a final response to the appeal within 3 business working days. XII. APPLICATION PROCEDURES. 1. The Board shall review each application for a special event permit in accordance with the purposes and requirements of these rules and recommend to the Managing Agent approval, approval with conditions, or denial of the application. 2. The Managing Agent, after receiving a completed application and if applicable, a recommendation from the Board as provided in subsection (a) of this section, shall determine whether each application for a permit or lease meets the purposes and requirements of these rules and approve, approve with conditions, or deny the application. 3. The Managing Agent may require reasonable proof of authority from any person purporting to sign an application for the use of any person or entity other than the signator. 4. The Managing Agent may adopt additional rules and regulations establishing the process for accepting, reviewing and approving all permit and lease applications submitted pursuant to these rules, including the contents of such applications and the specific criteria that will be considered in the review process. Each applicant shall comply with such requirements. 5. Each applicant for a permit shall obtain all required building, health, sales tax or other permits or licenses from all applicable government departments. 6. The permittee shall prominently display the permit. 7. Whenever any permittee desires to change the use or the location of the activity authorized by the permit, the permittee shall follow the review and approval process required of a new applicant. 8. Applications for permits issued on a monthly basis shall be submitted to the Managing Agent between the first and the twenty-fifth day of the preceding month. Applications for daily permits shall be submitted no more than seven days in advance of the day for which Comment [sml7]: This process needs to be  fleshed out  Attachment A:  Draft Depot Square Plaza Rules  10 they are to be exercised. No person shall be issued more than three permits of the same type in any seven day period. 9. Permit applications shall be made on the form provided by the Managing Agent for the permit sought, and shall contain all the information required by the form, including any required attachments or exhibits. The Managing Agent may reject incomplete applications. XIII. TRANSFERS OF PERMITS AND LEASES. A permit or lease issued under the provisions of these rules is not automatically transferable or assignable. The Board shall review a request to transfer or assign a permit or lease as a new application, and recommend approval, approval with conditions or denial of the request to the Managing Agent. XIV. PROHIBITED CONDUCT. 1. No person on the Plaza shall ride upon the Plaza any skateboard, skates, coaster, or other similar device. 2. No person shall cast, throw, or propel any projectile on the Plaza. This prohibition includes, without limitation, throwing balls, boomerangs, bottles, darts, Frisbees, and other like devices, model airplanes, rocks, snowballs, and sticks. This section does not apply to a juggler if the juggler does not cast, throw, or propel a knife, including, without limitation, a knife with a blade three and one- half inches in length or less, or burning projectile, or if the juggler is acting within the terms of a special entertainment permit issued under these Rules. 3. No person shall ride a bicycle in the Plaza. 4. No person shall smoke in the Plaza. XV. UTILITIES. A permittee or lessee using water, electrical or sewer service shall pay the costs of such services. XVI. TERMINATION OF PERMITS. 1. (a) Any permit issued hereunder may be revoked by the Managing Agent, for any violation of law, or breach of a condition in the permit or as follows: (1) The permittee fails to meet the qualifications required of an applicant; (2) The permittee violates any provision of these Rules; or (3) The permittee obtained the permit by fraud or misrepresentation. Attachment A:  Draft Depot Square Plaza Rules  11 (b) If the Managing Agent finds one of the grounds in Subsection (a) of this section or any other ground for suspension or revocation in this code, the Managing Agent shall determine whether to revoke the permit for the remainder of its term or suspend it for any shorter period according to severity of the disqualification, its effect on public health, safety, and welfare, and the time during which the disqualification can be remedied, if at all. (c) No person whose permit is revoked under this title may receive a refund of any part of the permit fee paid for the permit. (d) No person who has had a permit suspended or revoked under this title is entitled to obtain the same or any similar permit under this code during the period of suspension or revocation, either in the person's own name or as a principal in another business that applies for a permit. for any violation of law, or breach of a condition in the permit. 2. Upon revocation or expiration of any permit, the permittee shall immediately remove all structures or improvements from the permit area and restore the area to its condition existing prior to issuance of the permit. 3. If a permit is revoked, the permittee may not be approved for the same type of permit for three years after the effective date of the revocation. Approval of applications submitted subsequent to the three year ban are discretionary and subject to the applicant's ability to demonstrate rehabilitation and the likelihood of future permit compliance. XVII. INSURANCE REQUIRED. Whenever insurance is required of a permitee under this title, such permitee shall: (a) At all times maintain workers' compensation insurance, public liability insurance with minimum limits of $1,000,000 per occurrence and $2,000,000 in aggregrate. (b) File with the Managing Agent a certificate signed by a qualified agent of an insurance company evidencing the existence of valid and effective policies of workers' compensation and public liability and property damage insurance naming the city and its officers and employees as an additional named insured on the liability policy at least to the limits required by Subsection (a) of this section, the limits of each policy, the policy number, the name of the insurer, the effective date, and expiration date of each policy, and a copy of an endorsement placed on each policy requiring ten days' notice by mail to the Managing Agent before the insurer may cancel the policy for any reason. Attachment A:  Draft Depot Square Plaza Rules  12 XVIII. AMENDMENT AND FEE SCHEDULE. The Managing Agent may recommend Plaza Rule amendments to the Board. Unless indicated otherwise in these rules, the Board shall adopt any amendments to the rules and shall also adopt a fee and deposit schedule. Attachment B: Section 13.11 of the Condominium Declaration - Use of Plaza Attachment B: Section 13.11 of the Condominium Declaration - Use of Plaza Depot “Plaza” Zone Main “Plaza” Zone Seat Wall “Plaza” Zone Emergency Access Access Area to Depot Housing RTD Access Area to Depot Housing RTD Emergency Access Main “Plaza” Zone Depot “Plaza” Zone Seat Wall “Plaza” Zone Public Access Public Access Legend Junction Place Pearl Parkway NORTH Depot Square Plaza at Boulder Junction Attachment C: Draft Plaza Map TO: Boulder Junction Access District Commission Members FROM: Molly Winter, Executive Director, Department of Community Vitality Kurt Matthews, Parking Manager, Department of Community Vitality REF: Permit Parking in the Parking Garage Date: December 17, 2015 BACKGROUND The Parking District shares a parking structure with the other owners (Housing, Hotel, Depot, and RTD) in Boulder Junction. Each owner has an allocation of spaces for their own separate management. The district has 100 (90 spaces in the garage and 10 along the access road). As a part of the management of these spaces, we will be offering parking permits to customers as well as short-term availability. The permits are not a guaranteed place to park, only the ability to park without paying hourly rates. Staff completed a recent survey of the owners, residents, and employers in the District to gauge current pricing and demand. Solana Apartments has 321 spaces total, these spaces are currently priced at $25/month or $50/month for two adjacent spaces. Solana currently has an availability of 29 spaces. The Boulder Hyatt employs 35 people, they are accommodating employee parking through their allotment of spaces. The housing units (71) currently have 49 units full and allocated the same number of parking permits, these permits are priced at $90/month. There is one business at Solana that employs 7 staff. The Roadhouse at Boulder Depot recently opened. As a part of the condo declaration and ownership agreements, they have 10 spaces allocated. Management there has elected to take 10 permits and assign them internally. Nickel Flats is a 16 unit condominium project located on Junction Place just north of Depot Square (in the district). They have 17 parking spaces for their 16 units; occupancy is unknown at this time. STAFF RECOMMENDATION AND PROPOSAL Staff plans to begin the issuance of parking permits after the first of the year. Staff will be limiting the amount of permits available to 33 residential and 33 employee to begin with. We will also develop an allotment scheme to ensure one entity does not secure an unfair amount of permits. We have to plan for future growth in the area and ensure that there are permits available as future projects enter the district. Initially, the residential permits would be allocated as follows: Solana with 79% of the units: 26 permits; Depot Square apartments with 17%: 5 permits; and Nickel Flats with 4%: 2 permits. As we understand the demand from both residential and commercial businesses, we will make modification Staff is suggesting a price of $75/month or $225 per quarter. Permits will be sold/renewed on a quarterly basis. Eligibility will require the purchaser to prove residency or employment within the district. Should either factor change, the permit will need to be returned and a pro-rated amount will be refunded. The application form is attached to this memo for reference. Each permit sold comes with a disclaimer that the permit may not be automatically renewed, nor will the price be guaranteed beyond the purchase price. This will allow staff to monitor market demand and prices and react accordingly. REQUIRED DOCUMENTATION RESIDENCY OR EMPLOYMENT Proof of Residency within Boulder Junction Parking District: Residence is established and supported by documents dated within 90 days, and addressed to applicant. Service and mailing addresses must be on same page. Acceptable Forms:  Renewal notice AND any of the following;  Lease with terms of lease, applicant name, residential address, and signature of all parties. Signatory names should be printed on address page or with affirming signatures.  Sublease with original lease; as above  Excel Energy Bill  City of Boulder Utilities Bill  Cable Bill  Phone Bill  Bank Statement Unacceptable Forms:  Unsigned or improperly executed lease  Lease with illegible names  Amended lease without updated signatures and date by landlord  Insurance Card  Driver’s License  Preprinted Checks  Personal or general mail Proof of Employment within Boulder Junction Parking District: Permanent, employment is established and supported by documents dated within 30 days.  Employment verification form; and  Current Pay Stub REGULATIONS LIABILITY AND DECLARATION  Any person or entity violating these conditions may have their permit revoked and will be ineligible to purchase another permit for one year.  Vehicles are subject to ticketing and/or towing (at the owner’s expense) if terms and conditions are violated.  City of Boulder Parking Services reserves the right to revoke a permit for nonpayment or returned checks.  Vehicles parked in permit locations are at the owner’s risk. Articles left in vehicle are at owner’s risk. The City of Boulder is not liable for damages caused by vandalism, theft, driver’s negligence or acts of God, and is not liable for personal safety. INFORMATION & APPLICATION City of Boulder-Department of Community Vitality Parking Services Division 1500 Pearl Street, Suite 302 • Boulder, CO 80302 Phone: 303.413.7300 • Fax: 303.413.7301 boulderparking.com RESIDENT/EMPLOYEE DEPOT SQUARE GARAGE ► Permit ◄ Based on the limited number of district parking spaces available and an equitable distribution of permits throughout the parking district, the number of employee and resident permits available by address/project will be proportionately distributed. Since not all Boulder Junction projects are completed, there will be a reissuing of all permits when projects are completed. You are not guaranteed a permit past one quarterly renewal. APPLICATION DEPOT SQUARE GARAGE Application for: ____ Resident ____ Business / Employee Name (print) ______________________________________ Business Name: ___________________________________ (for business permit) Address:________________________________________ City: _________________ State: ______ Zip: __________ Phone: (Cell) _______________ (Work)_________________ Please provide email if you would like renewal notice electronically: ________________________@______________________ I have read and agree to the terms and conditions as stated herein. I verify by my signature that I am eligible for a Depot Square Garage permit as a permanent full-time resident or employee within the Boulder Junction Parking District. I understand this permit is only valid as long as residency and employment within District boundary conditions are met. This permit is the property of City of Boulder and is non-transferable. I am responsible for quarterly renewal. I understand City of Boulder Parking Services reserves the right to temporarily or permanently reassign any permit holder due to maintenance, construction, redistribution, or reorganization. RENEWAL IS NOT GUARANTEED. ___________________________ ___________ Applicant Signature Date ....…………………..FOR OFFICE USE ONLY……….…………. Permit #s________________ _______________________ FEES & PAYMENT RENEWAL AND CONDITIONS  /Quarter. Renewals by renewal deadline.  $15 replacement fee for lost, damaged or stolen permits.  Accepted payments: Cash, Visa/MasterCard. Checks payable to: City of Boulder. Quarter Renewal Deadline 1st January – March December 31st (prior year) 2nd April – June March 31st 3rd July – September June 30th 4th October – December September 30th Renewal Conditions:  Renewal is not guaranteed.  Must re-verify residency and/or employment.  Renewal notice will be sent to address or email provided on application. It is the permit holder’s responsibility to renew on time.  Permit holder is required to notify City of Boulder Parking Services with contact information changes or employment or residency ineligibility.  Permits not renewed by deadline will be revoked and offered to next applicant on Wait List.  Renewal payments accepted by mail (indicate renewal notice number on check), by phone with a credit card, or in person. Mail renewals along with proof of residency and/or employment 15 days prior to the expiration date. Renewals must be received by the deadline. CONDITIONS OF USE ASSIGNMENT AND TRANSFERS Assignment  Permit parking is available on a first-come, first-served basis.  Leasing a permit does not guarantee you a space in the Depot Square garage  Without a permit you will be charged the current parking rates.  Vehicles parked for more than 72 consecutive hours may be towed at the owner’s expense.  Only one vehicle per permit may be parked in the garage at one time.  Only one parking space is allotted per vehicle. Transfers:  Permits are the property of City of Boulder Parking Services; permits must be returned if revoked.  Anyone suspected of unauthorized permit transferring is subject to revocation. MEMORANDUM TO: Boulder Junction Access District – Parking FROM: Molly Winter, Director, Department of Community Vitality Kurt Matthews, Parking Manager, Department of Community Vitality Kathy Haddock, City Attorney’s Office RE: Status of the Depot Square Garage DATE: December 14, 2015 This memorandum is an update to the on-going discussion regarding the status of the parking management system in the Depot Square Garage at Boulder Junction and the situation with the liens against the district. Parking Management System As you are aware, district has several amendments to the parking purchase agreement with 3001 Pearl regarding when the system is operable under the conditions set forth in the Parking Management Agreement. And at its special meeting on November 3rd, the Parking Commission respectfully declined the request by 3001 Pearl to waive the penalty request. The Commission also requested that I keep you updated on the status of the system. On October 12, SP + the parking management company hired by the condo association determined that the parking access system was operational according to the contract and Parking Management Agreement. On November 18, Kurt and I met with representatives from SP+ and were satisfied that the parking system would work for our district purposes. On November 10, December 8 and again on December 14, I distributed a chart to all the unit owners in the garage for their response to identify the requirements of the Parking Management Agreement and to have the owners determine that the requirements were satisfied. Only the apartment owner has responded affirmatively. I am following up with phone calls. Since the first and second amendments clearly state that the penalties cease when the garage system operates as “contemplated by the Parking Management Agreement” which addresses all users not just the district, all unit owners need to sign off on the system operability based on the agreement. Staff is proceeding with working with the other unit owners on agreement on the system which will need to be resolved with the Condominium Board. Also, staff is preparing all the background information regarding permit pricing and procedures so we will be able to move forward with district parking operations when the district is satisfied with the completion of the terms of the Parking Purchase Agreement Amendments and the Agreement for Maintenance of the Parking Structure. Liens On Friday, a Motion to Dismiss was filed on behalf of the City and BJAD-P asking the court to dismiss them as parties and dismiss all of the property except from the residential unit from the mechanic's liens and the litigation. Craig Blockwick who represents 3001 Pearl realizes that the liens cannot be pursued against those properties or the city or BJAD-P because they are public properties. The attorney for AP opposed the Motion, but was not able to articulate to me why other than she thinks we don't have an ownership interest in any of the property since she doesn't understand the transaction. Attached is the Motion that was filed. The other parties have a few weeks to respond before the court will rule on it. Kathy Haddock will be at the BJAD Parking meeting at 5pm to answer any questions in this regard. Attachments: Attachment A: Depot Square Garage Completion Assessment Attachment B: Motion to Dismiss Depot Square Garage Completion Assessment PMA Requirements1 Completion by 3001 Pearl Comments by 3001 Pearl Sign off by Unit Owner Comments by Owners: All Conditions Satisfied The Parties intend that the system, or any individual system is added to the System as permitted by the PMA, operated as a unified parking system. RTD: District: Depot: Residential Unit: Hotel: Yes:__________ No:__________ Section 12: No system shall be purchased or installed without the written consent of each Party. RTD: District: Depot: Residential Unit: Hotel: Yes:__________ No:__________ Section 12.a The system shall be designed to: Track each vehicle entering and exiting the parking facility for purposes of determining the vehicle is an RTD user, an owner parker or a general public user RTD: District: Depot: Residential Unit: Hotel: Yes:__________ No:__________ Section 12.b The system shall be designed to: Determine the length of time the vehicle was in the parking facility. RTD: District: Depot: Residential Unit: Hotel: Yes:__________ No:__________ Section 12.c: The system shall be designed to: Determine when all of the district spaces are used so that the revenues generated from general public users in addition to those using district spaces can be allocated to the pool RTD: District: Depot: Residential Unit: Hotel: Yes:__________ No:__________ 1 As referenced in the Parking Management Agreement (PMA) dated July 26, 2013. Attachment A: Depot Square Garage Completion Assessment Depot Square Garage Completion Assessment Section 12.d: The system shall be designed to: Charge the vehicle upon exit for any feeds due by general public users Yes:__________ No:__________ Section 12 e: The system shall be designed to: Produce monthly and quarterly reports of the use by each owner, the revenues collected from the general public users allocated among the district and other parties. RTD: District: Depot: Residential Unit: Hotel: Yes:__________ No:__________ Section 12: In addition, to the extent reasonably possible, the system shall integrate with the property management system and keycard locking system utilized by the hotel unit owner and shall permit in and out privileges for owner parkers... Please see the attached PMA for the full language Hotel: Yes:__________ No:__________ Section 12: Further, if the RTD unit owner determines in its reasonable discretion that the system does not integrate with its management system in a manner sufficient to meet is needs, the RTD unit owner, at its cost and expense, may elect to install and operate its own separate system. Please see the attached PMA for the entire language. RTD: Yes:__________ No:__________ Section 13: Regarding pooled parking: For any general public users RTD: District: Depot: Yes:__________ Attachment A: Depot Square Garage Completion Assessment Depot Square Garage Completion Assessment entering the facility after the district spaces are full, the system shall count the vehicles and fees received for such pooled parking. Residential Unit: Hotel: No:__________ Attachment A: Depot Square Garage Completion Assessment DISTRICT COURT, BOULDER COUNTY, COLORADO Court Address: 1777 6th Street, Boulder, CO 80302 Plaintiff: AP MOUNTAIN STATES, LLC, a Colorado limited liability company, Defendants: 3001 PEARL, LLC, a Colorado limited liability company, et al. Attorney Name: Office of the City Attorney Thomas A. Carr, # 42170 Kathleen E. Haddock, #16011 Address: P.O. Box 791 Boulder, CO 80306 Phone Number: (303) 441-3020 Fax Number: (303) 441-3859 E-mail: carrt@bouldercolorado.gov haddockk@bouldercolorado.gov ▲ COURT USE ONLY ▲ Case Number: 2015CV31265 Division: 2 DEFENDANTS CITY OF BOULDER and BOULDER JUNCTION ACCESS GENERAL IMPROVEMENT DISTRICT – PARKING MOTION TO DISMISS CERTIFICATE OF COMPLIANCE City Defendant’s counsel certifies that she has conferred in good faith with Plaintiff’s counsel and Plaintiff’s counsel opposes this Motion. City Defendant’s counsel has conferred with counsel for Respondent 3001 Pearl LLC, the Developer who is the party that contracted with the Plaintiff regarding the construction which is the subject of this litigation. Mr. Blockwick recognizes that by law the mechanics lien cannot be imposed on the properties owned by the City or the District. The Defendants, City of Boulder and Boulder Junction Access General Improvement District-Parking (BJAD-P) (together the “City Defendants”), by and through their attorney, City of Boulder, Colorado, City Attorney’s Office, request that this Court dismiss this action against them pursuant to C.R.C.P. 12(b)(5), and as grounds therefore state as follows: Attachment B: Motion to Dismiss 2 I. Introduction This case involves a large construction project located in the City of Boulder, known as Depot Square and located at 3001 Pearl Street, Boulder, Colorado. Plaintiff, as the principal contractor for the project, believes that it has not been adequately paid for its work in connection with the project. The project is part of a condominium development in which several parties own Units, including public entities such as the City Defendants and the Regional Transportation District (“RTD”). All Unit Owners jointly own an undivided interest in the common elements. Plaintiff brings this action against 3001 Pearl, LLC, (“3001 Pearl”) as well as numerous parties who have an interest in the project by ownership, as lenders to 3001 Pearl, or by contract with the Plaintiff. Plaintiff brings this action against the City Defendants as owners of property within Depot Square. The City Defendants are public entities. There is no allegation that either of them failed to pay money owed to Plaintiff. They are joined because they have property interests associated with the Depot Square project. However, the property interests of public entities are not subject to mechanic’s liens or to foreclosure. Plaintiff can achieve no remedy from the City Defendants, therefore, there is no reason that they should remain defendants in this matter. For this reason, the City Defendants seek dismissal of the action against them. II. Facts The City of Boulder is a government organized pursuant to Article XX of the Colorado Constitution as a home rule city; Amended Complaint ¶ 7. Boulder Junction Access Improvement District-Parking (BJAD-P) is also a governmental entity. BJAD-P is a general improvement district organized and existing as a general improvement district under the laws of the State of Colorado and the Charter and municipal code of the City formed by the City of Boulder by Ordinance No. 7731; Amended Complaint ¶ 10. Colorado Revised Statutes define public property as: . . . any real property having its title, ownership, use, or possession held by the federal government; this state; or any county, municipality . . . or other governmental entity of this state. Section 42-4-1802(8), C.R.S. The land for Depot Square was jointly purchased by the City and RTD in 2004, for construction of a bus transit facility and the creation of a Transit-Oriented Development (“Project”). The City and RTD partnered with 3001 Pearl to construct the Project. The partnership included creating a condominium ownership of all of the Depot Square property by the Community Declaration recorded July 29, 2013 at Reception No. 3330983. The Community Map recorded on July 29, 2013 at Reception No. 3330984, created separate unit ownerships of (a) a RTD bus terminal on the lower level of a parking structure owned by RTD (“Unit T”), (b) 71 units of affordable housing apartment owned by 3001 Pearl LLC (“Unit R”), (c) a Hyatt Hotel owned by its operator (“Unit H”), (d) the Boulder Jaycees Historic Depot owned by the City Attachment B: Motion to Dismiss 3 (“Unit D”), and (e) the Parking Units (all of which constitute the “Project”). The parking structure above the Unit owned by RTD is was divided into five separate Parking Units (“PSUs”) owned separately by different owners; one tied to the RTD ownership (PSU-D), one to the residential ownership (PSU-C), one to the hotel ownership (PSU-B), and one to the City ownership (PSU-E); and a separate parking Unit owned by BJAD-P (PSU-A1through PSU-A7). Each of the Units were conveyed by the Declarant under the Community Declaration to the individual owners shown above by Special Warranty Deeds recorded on July 29, 2013. Upon completion of construction and as contemplated in the original Declaration, the Declaration and Map were amended to reflect the precise locations and square footage of each Unit, which could not be done prior to construction. The First Amendment to the Declaration was recorded on August 14, 2015 at Reception No. 03467072 and the Amended and Restated Planned Community Map was recorded on August 14, 2015 at Reception No. 03467073. Plaintiff was the Design-Build Contractor for a portion of the Project ¶ 16. The City Defendants did not execute any contracts with the Plaintiff for the design or construction of the Project. Plaintiff has recorded multiple mechanics lien against the Project; Amended Complaint ¶ 27. The property encumbered by the mechanics lien is shown on Exhibit A; Amended Complaint ¶ 43. City Defendants are joined, because they own related property interests in connection with land upon which the Project is built; Amended Complaint ¶¶ 7 and 10; Exhibit A. III. There is No Remedy Available for Plaintiff Against Public Entities in this Matter Colorado courts strictly construe the mechanic’s lien statutes when determining whether the right to a lien exists. Brannon Sand & Gravel Co. v. Santa Fe Land & Improvement Co., 332 P.2d 892 (Colo. 1958). When property belongs to a municipal corporation in its governmental capacity and is used for public purposes, that property cannot be subjected to a mechanic’s lien. Fisher v. Pioneer Constr. Co., 163 P. 851, 853-54 (Colo. 1917); W. Lumber & Pole Co. v. Golden, 130 P. 1027 (Colo. App. 1913). Because public property in Colorado is not subject to foreclosure, neither is it subject to mechanic’s liens. City of Westminster v. Brannon Sand & Gravel, 940 P.2d 393 (Colo. 1997). Applying such liens to public property would be contrary to public policy and would be incapable of enforcement because public property cannot be subject to forced sale. W. Lumber, 130 P. at 1028. Exhibit A to the Amended Complaint includes property owned by the City Defendants, All of Units PSU-A1 through PSU-A7 are owned by BJAD-P. Therefore, Plaintiff’s First Claim for Relief against Units PSU-A1 through PSU-A7 must be dismissed. The Common Elements included in Exhibit A to the Amended Complaint and identified as JUNCTION PLACE/PLAZA Parcels 1 and 2, PARKING GARAGE Parcels 1 and 2, and Parcel IV-B (described twice) under AFFORDABLE HOUSING PROPERTY refer to a compilation of properties, a portion of which are Common Elements, non-ownership sub- Attachment B: Motion to Dismiss 4 designations of Common Elements, or property descriptions that have been superseded by the condominium regime. All of the Common Elements are partially owned by the City Defendants and RTD, another governmental entity. The interests of the City Defendants in the common elements are not severable and vary between 10% to 60% depending on the allocation of expenses and votes. Therefore, Plaintiff’s First Claim for Relief must be dismissed against the common elements. With respect to Plaintiff’s First Claim for Relief, the only property that should be the subject of Plaintiff’s claim is Unit R and PSU-C. Unit R is the Residential Unit and PSU-C is the parking unit associated with the Residential Unit. The Residential Unit and associated parking unit are the only portions of the Project subject to the allegations in the Second Claim for Relief. IV. C.R.C.P. 12(b)(5) Motion Is Appropriate A valid function of a C.R.C.P. 12(b)(5) motion is to test the formal sufficiency of a Plaintiff’s complaint. Dorman v. Petrol Aspen, Inc., 914 P.2d 909, 911 (Colo. 1996). This motion is appropriately used to terminate “claims” for which there is no available remedy based upon the facts as pleaded. Pub. Serv. Co. v. Van Wyk, 27 P.3d 377, 386 (Colo. 2001). The motion should be granted where “the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” Conley v. Gibson, 355 U.S. 41, 45-46, (1957); see also Johansen v. City of Bartlesville, 862 F.2d 1423 (10th Cir. 1988). Construction litigation arising out of large projects can be complex and expensive. It is contrary to public policy for public entities to be needlessly ensnared in such litigation, and therefore, required to expend public resources. While Colorado’s mechanic’s lien statute cannot be applied to municipal property, an alternative statutory remedy exists to protect those who perform labor or furnish material for public works projects; Section 38-26-101-107, C.R.S. The alternative remedy exists in large part precisely because the legislature did not intend for the Mechanic’s lien Act to permit the attachment of a lien on municipal property. See, e.g., City of Westminster v. Brannon Sand & Gravel Co., 940 P.2d 393 (Colo. 1997). The mechanic’s lien relief sought in this action can only be pursued against the Residential Unit and PSU-C. The Plaintiff has asserted a mechanic’s lien on that portion of the Project as allowed by law. The Plaintiff is protected if it has not been paid by 3001 Pearl by the mechanic’s lien on that property. The City Defendants are joined in this case only because they own different property that is part of the same Project. The law does not permit the attachment of a lien to property owned by public entities. As a result, there is no justification for the continued presence of the City Defendants in this litigation. There is also no justification or legal basis for a cloud on the title of the Units or common elements owned by the City Defendants created by the mechanic’s liens recorded by Plaintiff. Attachment B: Motion to Dismiss 5 V. Relief Requested Wherefore, the City Defendants request that: 1. All claims against them be dismissed with prejudice. 2. The “Property” as defined in Exhibit A of the Complaint and Amended Complaint on which this action is allowed to proceed be limited to Unit R and PSU-C, and the remaining property be dismissed with prejudice from this action. 3. The Plaintiff be ordered to release the cloud on the title created by the mechanic’s liens against all property except Unit R and PSU-C. 4. Such further relief as the court deems proper. Respectfully submitted this 11th day of December 2015. OFFICE OF THE CITY ATTORNEY By: s/ Kathleen E. Haddock Kathleen E. Haddock City of Boulder Attorney for City Defendants CERTIFICATE OF SERVICE I hereby certify that on the 11th day of December, 2015, a true and correct copy of the foregoing was served via ICCES to counsel of record appearing herein. /s/ Lisa Thompson Lisa Thompson Attachment B: Motion to Dismiss   MEMORANDUM  TO: Boulder Junction Access District Commissions – Parking & TDM  FROM: Molly Winter, Executive Director, Department of Community Vitality  RE: Updated and Analysis of Boulder Junction Forecasts and Estimates  DATE: December 13, 2015                 Attached is a proposal from Phyllis Resnick to update the built environment inventory, develop revised  revenues and expenses, and assess the current mill levies and PILOT agreements.  The foundation of the  development and subsequent fund revenues and expenses were developed by EPS when the Boulder  Junction Access Districts were created based on the best available information at the time.  EPS has  updated the rate and type of development in the following years.   At this point in time, the nature of the development of Boulder Junction projects and the timing of  construction and completion has become more solidified and it is an appropriate opportunity to  reassess the underlying financial revenue projections based on mill levies.  Also, from a expenses  standpoint, the types and scope of the TDM programs, as well as the parking unit expenses have also  solidified.  In addition, the TDM district was expanded to include the property of the upcoming Google  development which was not originally included in the TDM fund projections.    Phyllis Resnick is recommended by the city of Boulder’s CFO Bob Eichem, and has been a consultant with  the city preparing long term funding city projections.  The budget is estimated as a not to exceed  contract of $37,000 and would be proportionately allocated between the two BJAD funds.    Staff is seeking any input from the Commissions about the scope of the proposal.