09.20.23 BJAD PacketBoulder Junction Access District (BJAD) Joint Commission Meeting
Boulder Junction Access District (BJAD) – Parking
Boulder Junction Access District (BJAD) – TDM
September 20, 2023
4:00 p.m.–6:00 p.m.
Via Video Conference for Public
Penfield Tate II Municipal Building, Room W-101
AGENDA
All agenda items are approximate.
I.Roll Call Secretary
II.Procedural Items (5 minutes)Chair
A.Approval of the July 19, 2023 Meeting Minutes
B.Elections for Chair, Vice-Chair
III.Public Participation (0-10 minutes)Chair
IV.Consent Agenda – Topics will not be discussed unless there are questions posed by the
Commission. Please reference the consent agenda memo.
V.Fund Financials – The fund will not be discussed unless there are questions posed by the
Commission. Please reference the packet attachment.
VI.Matters from Staff (60 minutes)Staff
A.2445 30th Street Petition for Inclusion into BJAD-TDM – Teresa Pinkal
B.Boulder Junction Wayfinding and Branding Update – Reegan Brown
C.BJAD Mill Levy Options Discussion –Sandra Llanes
VII.Matters from Commissioners (30 minutes)Chair
A.BJAD Phase II Focus Group Update (Prant)
B.Economic Status of the BJAD-Parking District and the Future
VIII.Next Commission Meeting: 4 p.m., Wednesday, November 15, 2023
IX.Adjourn Chair
Attachments:
-Draft July 19, 2023 Joint BJAD Commissions Meeting Minutes
-Special District Boards and Commissions Consent Agenda – September 2023
-Fund Financial Reports
-Boulder GID 2023 Mill Levy Memo
BJAD Parking Commission Members
Ryan Cook, Vice-Chair
Term ends 2024
Kevin Knapp, Chair
Term ends 2023
Rebekah Dumouchelle
Term ends 2027
Robyn Ronen
Term ends 2027
Vacant
2023 Commission Priorities
1.Support TVAP Phase 2
Planning
2.Transit Enhancements
3.Enhance District Identity,
Branding and Wayfinding
4.10 Year Plan
5.Capital Improvement Plan
6.TDM Offering Development
7.Neighboring Community
Collaboration
BJAD TDM Commission
Members
Susan Prant, Chair
Term ends 2024
Jennifer Shriver, Vice-Chair
Term ends 2025
Rebekah Dumouchelle
Term ends 2027
Vacant
Vacant
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CITY OF BOULDER
BOULDER, COLORADO
BOARDS AND COMMISSIONS MEETING MINUTES
Name of Board/Commission: Boulder Junction Access District – TDM & Parking
Date of Meeting: July 19, 2023
Contact Information Preparing Summary: Lisa Wuycheck 303-441-3254
Board Members Present:
BJAD-Parking: Ryan Cook (Vice-Chair), Kevin Knapp (Chair) Rebekah Dumouchelle, Robyn
Ronen
BJAD-Travel Demand Management: Rebekah Dumouchelle, Sue Prant (Chair)
Board Members Absent: Jennifer Shriver, BJAD-TDM (Vice Chair)
Staff Present:
Kristine Edwards, Community Vitality (CV) Operations & Maintenance Senior Manager
Teresa Pinkal, CV Business Services and District Vitality Senior Manager
Reegan Brown, CV Senior Project Manager
Lane Landrith, CV District Vitality Specialist
Christopher Scott, CV Budget Analyst
Lisa Wuycheck, CV Executive Assistant
Chris Hagelin, City of Boulder Principal Transportation Planner-Transportation and Mobility
Guests Present:
Karen Worminghaus, Boulder Transportation Connections (BTC)
Type of Meeting: Regular – Hybrid
The meeting was called to order at 4:40 p.m.
A quorum was present for the conduct of business for BJAD-Parking.
A quorum was not present for the conduct of business for BJAD-TDM.
Agenda Item 1: Roll Call
Agenda Item 2: Procedural Items
A.Approval of the May 17, 2023 Meeting Minutes
•Ronen moved to approve the minutes as presented in the packet. Second by Cook. There was no
discussion. The motion passed unanimously.
Agenda Item 3: Public Participation
No community members were present at the meeting.
Agenda Item 4: Consent Agenda
Consent Agenda – Topics will not be discussed unless there are questions posed by the Commission.
Please reference the consent agenda memo.
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BJAD Responses:
• The BJAD commissioners had no questions or comments.
Agenda Item 5: Fund Financials
Fund Financials – The fund will not be discussed unless there are questions posed by the Commission.
Please reference the packet attachment.
BJAD Responses:
• The BJAD commissioners had no questions or comments.
Agenda Item 5: Matters from Staff
A. Lime E-Scooter Expansion
Chris Hagelin, City of Boulder’s Principal Transportation Planner, provided an update to the BJAD
commissioners on the Lime Scooter Expansion Plan.
Hagelin reviewed the outcomes of the 2022 Lime Scooter pilot program. He said the program allowed
scooters east of 28th Street. He said there were 288 scooters deployed with a total of 115,000 trips.
Hagelin explained that City Council approved an expansion plan in January, but CU has not made a
formal decision regarding allowing scooters on campus.
Hagelin said the expansion plan will be iterative and phased. He said the city-wide expansion of the
program will triple the area and increase the fleet. He said staff is working with Lime to determine the
size of the fleet going forward. Hagelin announced that the launch goal is late August for CU’s fall
semester.
Hagelin said the city-wide launch includes expanding equity zones and increasing marketing to raise
awareness of Lime’s low-income program.
Hagelin presented the (4) Lime E-Scooter zones.
1. No Go Zones: These are areas where scooters will not be able to operate, including all Open
Space & Mountain Parks (OSMP) trails.
2. Slow Zones: Scooter speeds will decrease in these areas from the max speed of 15 miles an
hour to a max speed of 8 to 12 miles per hour. Hagelin said staff recommends a max of 10
miles an hour for the Slow Zone speed.
3. No Parking Zones: These are areas where users can’t end their trips and leave the scooters.
4. Mandatory Parking Zones (aka Lime Groves): These are geo-fenced areas located within the
mandatory parking zones. In order to end a trip, the user must park the scooter within the
designated Lime Grove. Hagelin said the groves are painted rectangles with delineators.
Hagelin said there will be 22 Lime Groves in the downtown area, 12 in University Hill, and a couple
in the Chautauqua area. He said groves may be placed in the 29th Street area. He said currently there
are no geo-fenced Lime Groves identified in the Boulder Junction district, but he is seeking
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recommendations from the BJAD commissioners.
Hagelin said scooters are allowed on all multi-use paths and only on sidewalks when there are no
adjacent on-street bike lanes.
Hagelin asked the commissioners the following questions.
• Is there a need to employ No Go Zones, Slow Zones, and/or No Parking Zones in Boulder
Junction?
• Should staff consider any Mandatory Parking Zones and the installation of Lime Groves in
Boulder Junction? He suggested Lime Groves by the RTD Station.
BJAD responses:
• Ronen thanked Hagelin for his work. She said she supports Mandatory Parking Zones. She
suggested Lime Groves be placed by ‘B-Cycle’ stations and Slow Zones be located across the
plaza. Hagelin said a Mandatory Parking Zone can also be a Slow Zone.
• Dumouchelle said she supports Mandatory Parking Zones. She suggested Mandatory Parking
Zone areas and Slow Zone areas as the district expands.
B. 2024 Budget
Teresa Pinkal, Community Vitality Business Services and District Vitality Senior Manager, presented
the 2024 Proposed Budgets for the BJAD Commissions.
Pinkal introduced Christopher Scott, the newly-hired CV Budget Analyst.
Pinkal reviewed the General Improvement District roles and responsibilities.
1. Provide parking and related improvements.
2. Improve access to districts through provision of transportation options.
3. Maintain and repair other public assets located in the district that benefit the purposes of the
district.
4. Improve overall health and welfare of the area.
5. Responsible stewardship of public resources for the benefit of the entire city
Pinkal reviewed BJAD top priorities.
1. Enhancing District Identity, Branding & Wayfinding
2. Support Boulder Junction Phase II
3. Enhance Transit Options
4. Neighboring Community Collaborations
5. Expand TDM Offerings
6. Long-Term Capital Plan
Pinkal discussed recent Key Accomplishments in the Boulder Junction District.
1. On-Street Sign Replacement
2. Branding and Wayfinding Implementation
3. Funktion at Boulder Junction Activations and TDM Promotion
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4. Boulder Junction Phase II
Pinkal reviewed the Budget Process and the Budget Calendar. She said City Council will review the
budget in September and adopt the budget in October.
Pinkal discussed revenue vs. expenses.
Pinkal presented the proposed Community Vitality budget.
She presented the proposed CV budget enhancements.
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She presented the proposed BJAD-Parking budget.
BJAD Responses:
• Dumouchelle asked about plans to reassign the on-street parking revenue back to the BJAD-
Parking District and not to the general fund to pay-off the capital. Pinkal said the distribution
of revenue is determined in the Transit Area Plan and the City’s parking program. Pinkal said
there is room for conversation in terms of how the general funds are used and utilized within the
district ensuring adequate and appropriate investment in the very districts that are generating
those revenues.
• Cook asked Dumouchelle how additional revenue would be used. She said there could be a
decrease in the mill levy for residences that have parking. Pinkal said staff is exploring this
topic and hopes to provide information at future meetings.
• Knapp supports reducing the mill levy in the BJAD-Parking District.
Pinkal reviewed pie charts indicating the majority of revenue in the BJAD-Parking budget is from
property tax (69%) and from parking (27%).
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BJAD-Parking Budget highlights include the following.
•BJAD-Parking revenues increased due to normalization of gateless and post-pandemic parking
demand.
•BJAD-Parking property tax decreased due to realignment.
•BJAD-Parking transfer to General Fund decreased reflecting final payment for 3001 Pearl LLC
(Pedersen) settlement
•BJAD-Parking loan to BJAD-TDM paid back in 2023
Pinkal presented the proposed BJAD-TDM budget.
Pinkal reviewed pie charts indicating the majority of revenue in the BJAD-TDM budget is from
property tax (96%).
BJAD-TDM Budget highlights include the following.
•BJAD-TDM property tax increased due to new growth and PILOT payments.
•BJAD-TDM investment earnings increased based on historic actual
•BJAD-TDM transfers decreased due to one-time BJAD-Parking loan payment in 2023
Pinkal also presented the Proposed Capital Improvement Program.
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Ronen moved to approve the 2024 proposed budget for BJAD-Parking. Dumouchelle asked about
changing the mill levy. Pinkal said there's currently little flexibility to change the mill levy. She added
that staff is exploring alternatives to address the Commissions’ concerns. Dumouchelle seconded. The
motion passed unanimously.
Pinkal said, due to an absence of a quorum for the BJAD-TDM Commission, she will reach out the
commissioners to seek approval of their 2024 proposed budget.
C.Boulder Junction On-Street Paid Parking Update
Kristine Edwards, Community Vitality Operations and Maintenance Senior Manager, updated the
commissioners on the Transit Village Area Plan (TVAP) Parking Implementation.
Edwards reviewed the following TVAP goals.
•Economic: Earn a nominal amount of parking income.
•Environmental: Reduce the traffic impact of higher-density development.
•Social: Offer (housing) in a range of sizes and prices to appeal to a range of lifestyles, ages,
ethnicities and abilities.
She presented a map highlighting the (2) areas where new signage has been installed in Boulder
Junction. Edwards said those signs are not currently being enforced. She said the City, in partnership
with the Boulder Transportation Connections (BTC), is first launching an education campaign for the
community regarding the new signage.
The next steps include the following.
•Work with property managers to alert tenants in the area. Edwards said this step will most likely
take place in November.
•BTC will update their website and communications to clearly describe the transit benefits and
responsibilities for tenants living in BJAD.
•Property managers will send notices to all residents in the developments to alert them to the
changes.
•Two weeks prior to the enforcement date, distribute flyers on all cars parked on the new streets.
•For the first month of enforcement, officers will issue warnings on those streets to first time
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offenders.
BJAD responses:
•Dumouchelle inquired about the delay in the plan. Edwards said the pandemic affected the
timeline of the project.
D.Boulder Junction Branding & Wayfinding Update
Reegan Brown, Community Vitality Senior Project Manager, updated the commissioners on the
Boulder Junction branding and wayfinding signage project. Brown said staff contracted e3signs for
the project. Brown said e3signs is in the shop drawing and sampling phases. She said the next phase
is obtaining permits from the City.
Brown said the projected installation of the signs will be soon after Labor Day. She said staff will
communicate the construction impacts to the community.
E.Boulder Transportation (BTC) Activation Series Update
Lane Landrith, Community Vitality District Vitality Specialist, reviewed the Boulder Transporation
Connections (BTC) activations.
Landrith reminded the commissioners that the FUNction at Boulder Junction series is funded with
EcoPass Program savings in order to increase recognition of the Boulder Junction District.
Landrith reviewed past and upcoming events.
•He said 200 people attended the ‘Bike to Work Happy Hour’.
•He said the biggest event, FUNKtion, will be held on Wednesday, September 14, and will
feature live music. He said Duncan Place will be closed for the event that includes food and a
beer garden.
•Landrith said the final activation, Electrify October, will be held from 4 to 7 p.m. on
Wednesday, October 11.
BJAD responses:
•Dumouchelle asked how the community will be made aware of the September 14 event.
Landrith said Karen Worminghaus, Senior Manager of Transportation for BTC, is working
with the City’s GIS Department to identify addresses in the district that will receive
promotional postcards.
•Dumouchelle asked if fencing will be installed in the plaza for the September 14 event.
Landrith said the BTC recently hired an event consultant who will develop a site plan and
obtain permits for the event. Landrith said 6-foot fencing is required for areas where alcohol
is sold and dispensed. Dumouchelle said it would be ideal to shut down Junction Place. She
also stressed the importance of signage indicating it is a public event, not private. Landrith
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agreed and said the City’s special events banner was displayed at the Bike to Work Happy
Hour, and he said the banner was effective.
• Worminghaus asked the commissioners for feedback regarding liquor license options for the
September 14 event. She said the BTC is deciding if the best option would be either for the
BTC to sell alcohol or for the restaurants on-site (i.e. The Roadhouse) to assume that
responsibility. She said if The Roadhouse is responsible for the sale of liquor, fencing will not
be needed. Prant suggested The Roadhouse oversee alcohol consumption for the event and
not the BTC.
• Prant inquired about the location of food for the September 14 event. Worminghaus said the
food will be in the plaza and at Boulder Junction Place.
• Landrith said The Roadhouse’s liquor license requires the consumption of alcohol be
contained on their property. Landrith said The Roadhouse can obtain a temporary
modification of their liquor license to extend their patio. He said smaller fencing would still
be needed to contain that area.
• Dumouchelle discussed the option of allowing other food purchases into the fenced alcohol
consumption area. She stressed the importance of the community not feeling segregated in the
fenced area.
• Dumouchelle asked if The Roadhouse could offer drink discounts for the event to promote
inclusivity of all socio-economic groups. Worminghaus said she will bring that suggestion to
The Roadhouse. Landrith said The Roadhouse offers Happy Hour discounts.
F. Commissioner Recruitment
Lisa Wuycheck, Community Vitality Executive Assistant, provided an update regarding the mid-year
commission recruitment cycle.
Wuycheck said the City Clerk’s office did not receive any applications for the BJAD-TDM
Commission. She said two applications were received for BJAD-Parking, but neither applicant was
eligible because they are not property owners or representatives in the district.
Wuycheck said, just prior to the meeting, John Morse from the City Clerk’s office informed her that
staff may be able to interview an eligible applicant for BJAD-TDM. Wuycheck reminded the
commissioners that City Council will appoint new commissioners at their meeting on August 3.
BJAD responses:
• Dumouchelle asked if the mid-year commission recruitment window was closed. Wuycheck
confirmed and said the next recruitment cycle will be in 2024.
Agenda Item 6: Matters from Commissioners
A. BJAD Phase II - Multi-Board Working Group Meeting Update
Cook said he attended the last BJAD Phase II meeting. Prant informed Cook she has not received the
meeting invitations. Cook said he will inform the organizers.
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Cook said the BJAD Phase II presentation focused on the process of evaluating changes in land use
codes in the Phase II areas. He said the (3) areas are North of the Goose Creek Path, the old Pearl area
between the Goose Creek Path and Pearl Parkway, and the South Pearl Parkway area.
Cook said Phase II is in the discussion phase. He said mixed-use, transit-oriented neighborhoods
(MUTOD) are being considered for the Phase II areas. He said the location for a possible new train
station is also being discussed.
Dumouchelle asked about the plan for the installation of a walking tunnel under the tracks. Cook said
this plan was discussed at the meeting.
At the next meeting, Dumouchelle suggested Cook address the importance of retaining businesses in
Boulder Junction and how land use changes may affect current businesses. Cook said city staff
discussed this topic. He said staff conveyed that land use changes won’t force changes to existing
property owners. Dumouchelle discussed challenges for renters.
Cook said he will attempt to obtain meeting materials from the BJAD Phase II meetings and distribute
it to the BJAD Commissions. He said the next BJAD Phase II meeting will be held at 6 p.m. on
Thursday, July 20.
Cook suggested ‘Economic Status of the BJAD-Parking District and the Future’ be added as an agenda
item for the September meeting.
Agenda Item 7: Next Commission Meeting
Next BJAD Commission meeting: 4:00 p.m., Wednesday, September 20, 2023 (The public will remain
remote.)
Agenda Item 8: Adjourn
Ronen moved to adjourn the meeting. Second by Prant. The meeting was adjourned at 5:18 p.m.
Attested: Approved by:
___________________ _____________________
Lisa Wuycheck Susan Prant
Board Secretary BJAD - TDM Chair
Date: ______________ Date: _________________
________________________
Kevin Knapp
BJAD – Parking Chair
Date: _________________
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City of Boulder
Special District Board Consent Agenda
University Hill Commercial Area Management Commission (UHCAMC) – September 5, 2023
Downtown Management Commission (DMC) – September 12, 2023
Boulder Junction Access District (BJAD) Commissions – September 20, 2023
Updates on Community Vitality work plan programs and projects for city special district boards and
commissions. These updates are for informational purposes only and require no discussion or votes.
Special District Updates
• University Hill General Improvement District (UHGID) - Hill Revitalization Efforts
– Staff received general support and direction from Boulder City Council during the Aug.
10, 2023 Study Session, after providing an update on Hill Revitalization efforts,
including broad district-wide strategies that will be implemented in the near-term as well
as long-term recommendations that focus on redeveloping the 14th Street surface parking
lot. As immediate next steps, Community Vitality staff will coordinate with other city
departments to assess roles and responsibilities as it relates to implementing broad
revitalization strategies, including enhancing the district’s identity, better connecting it to
the rest of the city, and activating the district. Staff are also exploring code changes that
are unique to the Hill. On Oct. 19, 2023, City Council will vote on whether current land
use regulations impacting UHGID, specifically the 50% food sales requirement and hours
of operation, will remain in place.
• University Hill (UHGID) Landscaping Project – The University Hill landscaping
project is complete. The landscaping took place on 13th Street just south of Pennsylvania
Avenue, providing an extension of the Event Street aesthetic, with several trees and
modular cast concrete seating surrounds. Construction began Oct. 31, 2022, and wrapped
up in mid-December. All trees have been planted by the City of Boulder Forestry
Division this past planting season.
• Central Area General Improvement District (CAGID) - Gateless Implementation-
The city has partnered with Metropolis to implement gateless infrastructure in all five
city downtown garages. The project is underway with the transition of all five garages
scheduled for Oct. 1, 2023.
• Central Area General Improvement District (CAGID) – Boulder Social Streets
(previously called Downtown Streets as Public Space project) - The Boulder Social
Streets project uses analysis and community feedback to reimagine downtown streets as
welcoming spaces to gather, attend events and connect. The city, together with Downtown
Boulder Partnership, is hosting a series of free pop-up events this summer on 13th Street
(between Arapahoe Avenue and Canyon Boulevard) to test these ideas, and everyone is invited
to attend to celebrate, connect and have fun. Visit: BoulderSocialStreets.com for a list of events.
At these pop-up events in 13th Street, city staff are engaging with attendees and our
wider community to learn what they like, what could be better, what else they would like
to see and more, as we plan for the future. Staff will go back to City Council later in late
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2023 to discuss how this series of Social Streets pop-ups went and what we heard from
the community as we plan for the future of this program in 2024 and beyond.
• Central Area General Improvement District (CAGID) Garage Repairs and
Improvements – The City of Boulder is improving the public parking garages in
downtown Boulder this summer and fall, which requires periodic partial and full closures
of the garages. The projects include important maintenance repairs, improvements such
as power washing and re-striping, installation of parking guidance systems to display
parking availability within the garages, upgrades to the electronic signs at the garage
entrances, as well as converting all five of the city’s downtown parking garages to
gateless operation this fall for quicker entry and exit efficiency. Community Vitality staff
are working with contractors, parking permit holders, commercial property owners, and
tenants to coordinate the schedule to ensure continued public parking garage access in the
downtown while these projects are completed.
The parking garage located at 11th and Walnut streets, also known as the Randolph
Center Garage, will be closed starting Tuesday, Sept. 12 until Wednesday, Nov. 1.
Nearby city parking garages are available at 10th and Walnut (adjacent to the St. Julien
Hotel) and 15th and Pearl. Additionally, the 15th and Pearl garage will be closed to non-
permit holders from Sept. 18-21 for power washing and restriping. Nearby city parking
garages are available at 10th and Walnut (adjacent to the St. Julien Hotel) and 14th and
Walnut (RTD).
Additional improvement projects are taking place in the 15th and Pearl, 10th and Walnut
(St Julien) and 11th and Spruce to facilitate the addition of new parking guidance
systems, which will enable drivers to find parking more quickly and efficiently.
Disruptions due to these projects will be minimal.
Parking permit holders in these garages are being notified and are offered alternative
parking in a nearby parking garage during the closure, and signage is being installed at
the garages to alert visitors to the construction status. The city website has a construction
impacts webpage that is updated weekly with more information. Updates are posted on
the parking webpages: https://bouldercolorado.gov/announcement/construction-impacts.
• Central Area/University Hill General Improvement Districts (CAGID)/(UHGID) –
Downtown and University Hill Ambassador Program – The ambassador program
operates in the downtown, Civic Area, and on University Hill. Additional funding of
$45,000 annually for ambassadors to The Hill has been provided by CU
https://thehillboulder.com/for-businesses/ambassadors. An ambassador may be reached
via phone or text at 720-467-9236. Pedestrian counter statistics for the Downtown
Boulder Business Improvement District are found at:
https://sites.google.com/downtownboulder.org/pedestrianimpressions/home
• Boulder Junction Wayfinding Signage Project– This project aims to improve
wayfinding and recognition of Boulder Junction as a distinct neighborhood and general
improvement district (GID) within the Boulder community. City staff recently entered
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into an agreement with a vendor called e3 Signs, based out of Loveland, Colorado, to
fabricate and install the signage. The vendor has submitted for permitting which will soon
enter the review process. Signage installation is anticipated to begin this winter.
City of Boulder Updates
AMPS Implementation: Revitalizing Access in Boulder – City staff have implemented the
Residential Access Management Program (RAMP), which serves as an update to the current
Neighborhood Parking Permit (NPP) program and have completed a transition to performance-
based pricing. Both programs use data driven analysis to implement parking management
strategies which are monitored and adjusted as needed. Based on council feedback, approved
pricing changes for performance-based pricing went into effect April 3, 2023. Staff completed
an awareness campaign to inform the public of the existing changes and how to access parking
options most easily. As a part of the AMPS (Access Management and Parking Strategy)
initiatives, CV Parking & Access Services staff will continue collaborating with Transportation
& Mobility staff on the development of the Curbside Management Program and the evaluation of
the Chautauqua Access Management Program. Questions or comments: Samantha Bromberg
brombergs@bouldercolorado.gov.
Affordable Commercial Program Development – City staff recently went to City Council for
a Study Session on Aug. 10, 2023, to provide an update on the development of an Affordable
Commercial Pilot Program. Staff received general support and direction from council on our
recommendations. As a next step, staff will explore the option of a bringing on a program
administrator to develop a formal implementation and administration strategy for this type of
program. The goal is to enter into an agreement with a community organization by the end of
2023 with work beginning in 2024. This effort will incorporate broad community engagement
and the city’s racial equity instrument in the development and implementation of the Affordable
Commercial Pilot Program.
Outdoor Dining Pilot Program - Boulder City Council voted to implement an Outdoor Dining
Pilot Program designed based on feedback from the temporary outdoor dining expansions during
the COVID-19 pandemic. The five-year pilot program provides year-round outdoor dining rules
for restaurants, brewpubs, taverns, breweries, distilleries, and wineries. The program enables
these businesses to offer more space to customers by expanding outside with more consistent,
pre-approved infrastructure for the expansion areas, and began Sept. 1, 2022, immediately
following the expiration of emergency orders on Aug. 31, 2022, that allowed the temporary
expansions. There are currently a total of 23 participating businesses. The first-round businesses
participating in the city bulk purchase and receiving the MODSTREET parklet infrastructure
received their parklet structures in early December 2022. The application period for the program
reopened on Feb.1, 2023 and ended on March 1, 2023, in which we received a total of 7
additional applications. The city recently placed another order with MODSTREET for those
participating in the leasing option, in which the infrastructure will be delivered in the coming
weeks.
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Details and applications are found at: https://bouldercolorado.gov/services/outdoor-dining-pilot-
program.
Parking & Access Signage Refresh Project – City staff are working on a project to holistically
replace outdated metered-parking signposts and pay-to-park signs across the community.
Modernizing the signposts will allow city staff to ensure proper placement of regulatory signs
and reduce future sign installation costs. Redesigning and replacing the pay-to-park signs will
allow for more transparent communication of parking codes, increasing compliance, and
providing a more seamless customer experience. The new signs have started to make their
appearance across some city streets and will be installed over the course of the year.
Commissioner Recruitment - Mid-Year Commissioner Recruitment Update – The City
Clerk’s Office received one eligible application for Community Vitality Department’s
commissions. Tell Jones, property owner/representative at The Sink, applied for UHCAMC and
was appointed by council for a term of five years. All other openings will be posted for
recruitment during spring 2024.
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BOULDER JUNCTION GENERAL IMPROVEMENT DISTRICT-PARKING (BJAD-PARKING)
2019 Actual 2020 Actual 2021 Actual 2022 Estimate 2023 Budget 2023 YTD
Beginning Fund Balance 681,444$ 889,404$ 1,439,325$ 1,739,606$ 1,997,943$ 1,997,943$
Sources of Funds
Property Tax 273,306$ 337,704$ 489,650$ 422,661$ 487,345$ 336,441$
Specific Ownership & TobaccoTx 14,836 15,028 20,008 19,061 15,362 8,195
Interest & Investment Earnings 5,377 1,213 1,966 5,596 196 4,230
Parking Revenue 41,648 190,001 68,550 162,665 106,925 63,361
Other Revenues 25 - - 20,316 25 -
Transfers In - 175,000 - - - -
Total Sources of Funds 335,192$ 718,945$ 580,174$ 630,298$ 609,854$ 412,228$
Uses of Funds
Personnel 4,330$ 46,555$ 47,625$ 45,853$ 69,235$ 29,899$
Operating 92,080 91,218 101,018 96,959 114,344 69,819
Cost Allocation and Transfer 30,822 31,250 131,250 228,009 485,835 -
Capital Improvement Program - - - 1,140 324,393 15,905
Total Uses of Funds 127,232$ 169,024$ 279,894$ 371,961$ 993,807$ 115,623$
Ending Fund Balance Before Reserves 889,404$ 1,439,325$ 1,739,606$ 1,997,943$ 1,613,989$ 2,294,547$
Ending Fund Balance After Reserves 834,793$ 1,422,423$ 1,671,075$ 1,886,136$ 1,539,689$ 2,220,247$
$-
$500,000
$1,000,000
$1,500,000
$2,000,000
$2,500,000
2019 Actual 2020 Actual 2021 Actual 2022 Estimate 2023 Budget 2023 YTD
6800 BJAD-Parking
Ending Fund Balance Before Reserves Total Uses of Funds Total Sources of Funds
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BOULDER JUNCTION GENERAL IMPROVEMENT DISTRICT-TDM (BJAD-TDM)
2019 Actual 2020 Actual 2021 Actual 2022 Estimate 2023 Budget 2023 YTD
Beginning Fund Balance 426,342$ 462,799$ 442,398$ 587,601$ 1,127,606$ 1,127,606$
Sources of Funds
Property Tax 156,969$ 332,787$ 249,789$ 681,054$ 473,631$ 464,205$
Specific Ownership & TobaccoTx 8,517 14,348 17,937 17,509 15,090 9,221
Parking Revenue - - - - - -
Interest & Investment Earnings 3,094 1,998 2,829 6,271 2,070 5,018
Real Estate Sales - - - - - -
Transfers In - - - - 175,000 -
Total Sources of Funds 168,580$ 349,134$ 270,556$ 704,835$ 665,791$ 478,443$
Uses of Funds
Personnel 23,243$ 32,896$ 36,401$ 38,849$ 48,025$ 18,745$
Operating 103,517 156,194 83,506 86,315 333,464 86,947
Cost Allocation and Transfer 5,364 180,445 5,445 5,265 12,388 -
Capital Improvement Program - - - 34,401 165,606 -
Total Uses of Funds 132,123$ 369,535$ 125,352$ 164,830$ 559,483$ 105,693$
Ending Fund Balance Before Reserves 462,799$ 442,398$ 587,601$ 1,127,606$ 1,233,915$ 1,500,357$
Ending Fund Balance After Reserves 440,734$ 409,910$ 525,828$ 1,061,814$ 1,174,342$ 1,440,784$
$-
$500,000
$1,000,000
$1,500,000
$2,000,000
2019 Actual 2020 Actual 2021 Actual 2022 Estimate 2023 Budget 2023 YTD
2830 BJAD-TDM
Ending Fund Balance Before Reserves Total Uses of Funds Total Sources of Funds
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MEMORANDUM
TO: COMMISSIONS FOR THE BOULDER JUNCTION ACCESS GENERAL
IMPROVEMENT DISTRICTS
FROM: KEN GUCKENBERGER, ASHLEY DENNIS AND JENNIFER BARRETT
KUTAK ROCK LLP
DATE: SEPTEMBER 14, 2023
RE: DISTRICT MILL LEVY ADJUSTMENTS AND CONSIDERATIONS
1. Background
The Boulder Junction Access General Improvement District – Parking (the “Parking GID”)
and the Boulder Junction Access General Improvement District – Transportation Demand
Management (the “TDM GID” and collectively with the Parking GID, the “Districts”) are general
improvements districts organized by the City of Boulder, Colorado (the “City”) for the purposes
of financing and managing the construction, operation, and maintenance of public improvements
and certain services within Boulder Junction, a transit-oriented development. One of the stated
powers of the Districts under Part 6, Article 25, Title 31 (the “Act”), Colorado Revised Statutes,
as amended (“C.R.S.”) is the ability to levy and collect ad valorem taxes on and against all taxable
property within the Districts.
On November 3, 1992, Colorado voters approved an amendment to the State Constitution,
which is commonly referred to as the Taxpayer’s Bill of Rights, or Amendment One (“TABOR”),
and now constitutes Article X, Section 20 of the State Constitution. TABOR imposes various
limits and requirements on the State and all Colorado local governments such as the Districts. In
light of TABOR restrictions and other State law considerations, the following questions are
examined at the request of the City Attorney’s Office:
(a)Do the Districts have the ability to temporarily reduce their current mill
levies and/or provide mill levy refunds?
(b)Are there any TABOR restrictions that would prevent the Districts from
issuing mill levy credits (i.e., an abatement or cancellation of a portion of taxes) or refunds
and, if not, what is the process for doing so?
(c)In the context of a commercial rental agreement, who is the beneficiary of
any property tax refunds– the tenant or the property owner?
2. Mill Levy Reductions and Refunds
In 2010, the District voters approved property taxes: up to 30 mills for the Parking GID
and 20 mills for the TDM GID. Although debt questions were approved by the Districts’ electors,
there is no debt service mill levy associated with the Districts nor any debt outstanding. With
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such taxing authority (and subject to the respective mill levy caps), under the Act the governing
board of the Districts must annually determine the amount of money necessary to be raised by a
levy on the taxable property in the Districts The rate of the levy is fixed by the governing board’s
certification (by or before December 15) to the Board of County Commissioners of Boulder
County (the “County Commissioners”) of the fixed rate so that, at the time and in the manner
required by law for the levying of taxes, the County Commissioners will be able to levy such tax
upon the assessed valuation of all taxable property within the Districts.
While TABOR and State law generally require voter authorization to increase a mill levy
above the levy for the prior year plus 5.5% (Sec. 29-1-301, C.R.S.), there is no legal reason why
the Districts would not be able to adjust the mill levies downward by reducing the rate certified to
the County Commissioners in order to address surplus concerns. To the extent the Districts would
want or need to raise the mill levies back to previous levels after a reduction, such an increase
could exceed State law limitations, which might require voter authorization, subject to deeming
the reduction “temporary” as described below.
3. Tax Credit/Mill Levy Reduction Process
Section 39-1-111.5, CRS provides the mechanism for the Districts to provide temporary
property tax credits and temporary mill levy rate reductions. Concurrent with the certification of
their tax levies, the Districts may certify a refund in the form of a temporary property tax credit or
temporary mill levy rate reduction. The certification shall include each District’s gross mill levy,
the temporary property tax credit or temporary mill levy rate reduction expressed in mill levy
equivalents, and the net mill levy, which shall be the gross mill levy less the temporary property
tax credit or temporary mill levy rate reduction. This tax credit/mill levy reduction is then certified
by the County Commissioners and the County Treasurer is responsible for collecting with the tax
statement indicating by footnote that the District’s respective mill levies contained therein reflect
a temporary property tax credit or temporary mill levy rate reduction for the purpose of effecting
a refund in accordance with TABOR.
The advantage of designating this as a tax credit/temporary mill levy rate reduction is that
should circumstances change and the District Commissions wish to increase the mill levies back
to the voted caps, the Districts would not be subject to the 5.5% limitation on increases in Sec. 29-
1-301, C.R.S. (described above in para 2).
4. Other Considerations – Proposition HH
Proposition HH has been sent to state voters for approval at the November 2023 election.
If passed, Proposition HH would revamp and in certain cases limit property tax collections in the
State. Proposition HH includes a new procedure to implement a property tax credit in what is
provisionally codified as Sec. 29-1-306(3)(c), CRS. It might be advantageous for the Districts to
wait and see if Proposition HH passes because the statutory language (if approved) includes a
specific process for a public hearing, public comment and District action therein and will further
allow the Districts to opt out of any revenue limitation of the Districts’ property tax collections
going forward that are contained in Proposition HH.
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5.Mill Levy Credit Beneficiary
Although the tenant of a commercial rental agreement is able to accept a contractual duty
to pay taxes for the property in a triple-net lease, the owner of the property would remain the
official taxpayer for the purposes of County records. Accordingly, because abatements and
refundings are reported by the County Treasurer (or County Assessor) and approved by the County
Commissioners for processing, the property owner would likely be the beneficiary of any
abatement or refunding of tax revenues. To the extent that it is the desire of the parties to have the
tenant be the recipient of any such funds, the tenant and property owner could negotiate provisions
in the rental agreement that would require the property owner to deliver or otherwise deliver any
refunded amounts to the tenant.
* * *
Please do not hesitate to contact Ken Guckenberger, Ashley Dennis or Jennifer Barrett at
303-297-2400 if you have questions about the matters described in this memorandum, or if you
would like to further this discussion.
* * *
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