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10.03.24 City Council Agenda M ayor Aaron Brockett Council M e mbe rs Taishya Adams Matt Benjamin Lauren Folkerts Tina Marquis Ryan Schuchard Nicole Speer Mark Wallach Tara Winer Council Chambers 1777 Broadway Boulder, CO 80302 October 3, 2024 6:00 PM City M anage r Nuria Rivera-Vandermyde City Attorne y Teresa Taylor Tate City Cle rk Elesha Johnson AGE NDA FOR T HE REGULAR MEET ING OF T HE BOULDER CIT Y COUNCIL 1.Call to Order and Roll C all A.M useum of Boulder 80th Anniversary D eclaration presented by M ayor Brockett 10 M in B.Indigenous Peoples' D ay Declaration presented by Council M ember F olkerts 10 min 2.O pen C omment 3.Consent Agenda A.Consideration of a motion to accept the S eptember 12, 2024 S tudy S ession summary regarding the 2025 Recommended B udget Discussion B.Consideration of a motion to approve the 2023-24 performance evaluations and salary adjustments for the City M anager, City Attorney and M unicipal Court J udge C.Consideration of a motion authorizing the C ity M anager to convey the permanently affordable homes at 3250 Oneal Circle Unit D20, Boulder, C O, 3515 28th Street #105, B oulder, C O, and 3150 Iris Avenue #F 211, Boulder, C O to eligible buyers and sign all associated agreements D.Introduction, first reading and consideration of a motion to order published by title only Ordinance 8663 amending T itle 8, “Parks, Open S paces, Streets, and Public Ways,” B .R.C, 1981, to add a new Chapter 11 concerning the establishment of L odging B usiness Assessment Areas; and setting forth related details E .S econd reading and motion to adopt Ordinance 8644 amending S ection 8-3-7, "Regulation of Horses and L ivestock," B .R.C. 1981, updating Appendix 8-C indicating where horses are allowed on Packet Page 1 of 138 O S M P trails; and setting forth related details F.S econd reading and consideration of a motion to adopt Ordinance 8654 amending S ection 7-6-21,” Parking in Loading Zone P rohibited,” B.R.C. 1981 to implement the flexible loading zone component of the B oulder Curbside Implementation G uidebook; and setting forth related details 4.Call-Up C heck-In 5.P ublic Hearings A.C onsideration of the following items relating to the 2025 B udget: 1. Introduction, first reading, and consideration of a motion to order published by title only, Ordinance 8660 adopting a budget for the C ity of Boulder, Colorado, for the fiscal year commencing on the first day of J anuary 2025 and ending on the last day of December 2025; and setting forth related details; 2. Introduction, first reading, and consideration of a motion to order published by title only, Ordinance 8661 establishing the 2024 City of B oulder property tax mill levies which are to be collected by the C ounty of B oulder, S tate of C olorado, within the C ity of B oulder in 2025 for payment of expenditures by the City of Boulder, C ounty of B oulder, State of C olorado; and setting forth related details; 3. Introduction, first reading, and consideration of a motion to order published by title only, Ordinance 8662 appropriating money to defray expenses and liabilities of the C ity of B oulder, Colorado, for the 2025 fiscal year of the City of Boulder, commencing on the first day of J anuary 2025 and ending on the last day of December 2025; and setting forth related details; and 4.Consideration of a motion to order published by title only, Ordinance 8656 amending Section 3-8-3, “Tax Imposed on Nonresidential and Residential Development,” Section 3-20-2, “Imposition and Rate of Tax,” and Chapter 4-20, “Fees,” B.R.C. 1981, changing certain fees and taxes; and setting forth related details 120 min - 15 min presentation / 105 min public hearing & Council discussion 6.M atters from the City M anager 7.M atters from the City Attorney 8.M atters from the M ayor and M embers of C ouncil A.D iscussion on whether to hold the November 14th S pecial M eeting & J oint M eeting with the P lanning B oard in-person, (which was converted from a Study S ession) 5 min B.D iscussion on drafting a letter to Boulder County regarding their proposed 2025 Budget cuts 15 min 9.Discussion Items Packet Page 2 of 138 10.Debrief 11.Adjournment 3:40 hrs Additional M aterials P resentations Item Updates Information Items A.2024 Cultural Grants Boards and C ommissions Declarations Heads Up! E mail This meeting can be viewed at www.bouldercolorado.gov/city-council. Meetings are aired live o n Municipal Channel 8 and the city's we bsite and are re-cablecast at 6 p.m. Wednesdays and 11 a.m. Fridays in the two we eks following a regular counc il meeting. Boulder 8 TV (Comc ast channels 8 and 880) is now providing c losed c aptioning for all live meetings that are aired on the channels. The c losed captioning service operates in the same manner as similar services offered by broadc ast channels, allowing viewers to turn the closed c aptioning on or off with the television remote c ontrol. Closed captioning also is available on the live HD stream on Boulder Channel8.com. To ac tivate the captioning service for the live stream, the "C C" button (whic h is located at the bottom of the video player) will be illuminated and available whenever the channel is providing captioning servic es. The council chambers is equipped with a T-Coil assisted listening loop and portable assisted listening devic es. I ndividuals with hearing or speec h loss may contact us using Relay Colorado at 711 or 1-800-659-3656. Anyone requiring spec ial pac ket preparation such as Braille, large print, or tape recorded versions may contac t the City C lerk's Office at 303-441-4222, 8 a.m. - 5 p.m. Monday through Friday. Please request special packet preparation no later than 48 hours prior to the meeting. I f you need Spanish interpretation or other language-related assistance for this meeting, please call (303) 441-1905 at least three business days prior to the meeting. Si usted necesita interpretacion o cualquier otra ay uda c on relacion al idioma para esta junta, por favor c omuniquese al (303) 441-1905 por lo menos 3 negocios dias antes de la junta. Send elec tronic presentations to email address: CityClerkS taff@bouldercolorado.gov no later than 2 p.m. the day of the meeting. Packet Page 3 of 138 C OVE R SH E E T ME E T I N G D AT E October 3, 2024 AG E N D A I T E M Museum of Boulder 80th Anniversary Declaration presented by Mayor Brockett P RI MARY STAF F C ON TAC T Megan Valliere, Assistant to City C ouncil AT TAC H ME N T S: Description Museum of B oulder 80th Anniv ersary Declaration Packet Page 4 of 138 Packet Page 5 of 138 C OVE R SH E E T ME E T I N G D AT E October 3, 2024 AG E N D A I T E M Indigenous Peoples' Day Declaration presented by C ouncil Member Folkerts P RI MARY STAF F C ON TAC T Megan Valliere, Assistant to City C ouncil AT TAC H ME N T S: Description I ndigenous P eoples' Day Declaration Packet Page 6 of 138 Packet Page 7 of 138 Packet Page 8 of 138 Packet Page 9 of 138 C OVE R SH E E T ME E T I N G D AT E October 3, 2024 AG E N D A I T E M C onsideration of a motion to accept the September 12, 2024 Study Session summary regarding the 2025 Recommended Budget Discussion P RI MARY STAF F C ON TAC T Nuria Rivera-Vandermyde, City Manager Kara Skinner, C hief Financial Officer C harlotte Huskey, Budget Analyst RE Q U E ST E D AC T I ON O R MOT I ON L AN GU AG E Motion to accept the September 12, 2024 Study Session summary regarding the 2025 Recommended Budget Discussion. AT TAC H ME N T S: Description I tem 3A - Consideration of a motion to accept the September 12, 2024 Study Session summary regarding the 2025 Recommended B udget Discussion Packet Page 10 of 138 1 CITY OF BOULDER COUNCIL AGENDA MEETING DATE: October 3, 2024 AGENDA TITLE: Consideration of a motion to accept the September 12, 2024 Study Session Summary regarding the 2025 Recommended Budget for City of Boulder. PRESENTERS: Nuria Rivera-Vandermyde, City Manager Kara Skinner, Chief Financial Officer Charlotte Huskey, Budget Officer Scott Carpenter, Principal Budget Analyst Toni Townsend, Senior Grants Program Manager Stacy Polyakova, Budget Analyst EXECUTIVE SUMMARY The purpose of the study session was to present the City Manager’s 2025 Recommended Budget, and to give City Council an opportunity to ask questions and provide comments. Staff presented on financial considerations and assumptions, community engagement, the 2025 recommended budget overview, and future budget & policy considerations including the long-term financial strategy planning. STAFF RECOMMENDATION Suggested Motion Language: Motion to accept the September 12, 2024 Study Session Summary regarding the 2025 Recommended Budget. Item 3A - 2025 Recommended Budget Study Session Summary Packet Page 11 of 138 2 SUMMARY OF PRESENTATION & COUNCIL DISCUSSION Council Member Adams moderated the 2025 Recommended Budget Study Session and introduced the presenters. City Manager Nuria Rivera-Vandermyde introduced the financial landscape and the recommended budget, emphasizing that revenues have declined and while there is not a need for reducing services or personnel, this does reflect a reduction in the growth of spending in the organization. Next, Chief Financial Officer Kara Skinner briefly highlighted the various programs the city supports and their alignment to the Citywide Strategic Plan, and then introduced the presenting Budget team. Budget Officer Charlotte Huskey reviewed the agenda for the evening, which consisted of a presentation on the financial outlook, the 2025 Recommended Budget overview, community engagement, followed by budget highlights aligned to the Sustainability, Equity, and Resiliency (SER) framework and grant strategy. Budget highlights consisted of key operating enhancements, funded through either new dollars or significant realignment of dollars from other areas and represented substantial changes to the annual budget. This was followed by a break for questions. The 2025 Recommended Budget consists of $492.5 million in forecasted revenues, 37% of which comes from Sales & Use taxes. The operating expenses consist of a $399.3 million operating budget across all funds. The recommended budget consists of realignments of money, limited ongoing operating investments, and the strategic utilization of one-time funding investments. In the first break for discussion and questions, Council Member Marquis, Mayor Brockett, Council Member Benjamin, Council Member Wallach, Council Member Folkerts, and Council Member Adams posed questions. A summary of Council Member question topics included: •Ways to view dedicated and undedicated funding •County budgeting process and how the County budget may impact the city’s programs and services •City budget amounts (and anticipated revenues) associated with the County 1B affordable housing funding •Property tax legislative impacts on city revenues •Fund balances of all funds, intent of remaining balances and where to view this information •The budget engagement questionnaire and questions on total population of renters in the city •Examples of statistically valid city survey data •Outcomes and measurements for specific programs across the city and where to access data pertaining to specific Housing and Human Services programs •An understanding of alignment and investments in racial equity Item 3A - 2025 Recommended Budget Study Session Summary Packet Page 12 of 138 3 Next followed the presentation on the Capital Improvement Program (CIP) budget, unfunded needs, long-term financial strategy summary, and next steps, followed once more with time for discussion and questions. The 2025 Recommended CIP budget consists of $190.2 million in spending which would be invested in capital maintenance (46%), capital enhancement (40%), and new projects (12%). Key projects were highlighted which consisted of the East Boulder community center project, Alpine- Balsam western city campus, fire stations #2 and #4, University Hill streetscape renovations, Primos Park and Violet Bridge project, and major utilities projects. The long-term financial strategy planning summary covered the current state of financial strategy and listed unfunded and underfunded needs. The strategy includes establishing a financial plan, conducting a fee inventory and study, defining what are core service levels, and exploring alternative funding mechanism. In the following break, Council Member Marquis, Mayor Pro Tem Speer, Council Member Winer, Council Member Benjamin, Council Member Schuchard, Council Member Wallach, and Council Member Adams posed questions related to the CIP, unfunded needs list, and long-term financial strategy. Questions included topics such as: • Alpine-Balsam Western City Campus project and project funding • Capital project development, process, and funding supported by the Community, Culture, Resilience and Safety Tax • Alignment of budget priorities and investments within the CIP budget, such as alignment to the SER Framework, city council priorities, and Citywide Strategic Plan • Investments supporting sidewalk infrastructure and engagement of community related to sidewalk improvements • Further understanding the Violet Bridge replacement project Finally, council members were invited to discuss and share macro-level changes or considerations for the 2025 Recommended Budget. The Financial Strategy Committee provided an overview of recommended process for changes, which included the recommendation that if Council Members recommend additions to the budget, that they also identify subtractions to the budget to provide a balanced recommendation. Staff clarified the request for Council Members to send changes through the Hotline listserv by September 23, 2024. Topics discussed by council members included: • Safe & Managed Spaces Program • Wildfire Resilience • Small Business Economic Relief • Elevate Boulder Program • Behavioral Health • BIPOC-owned Business Support Item 3A - 2025 Recommended Budget Study Session Summary Packet Page 13 of 138 C OVE R SH E E T ME E T I N G D AT E October 3, 2024 AG E N D A I T E M C onsideration of a motion to approve the 2023-24 performance evaluations and salary adjustments for the City Manager, City Attorney and Municipal C ourt J udge P RI MARY STAF F C ON TAC T David Bell, Chief Human Resources Officer RE Q U E ST E D AC T I ON O R MOT I ON L AN GU AG E Motion to approve the 2023-24 performance evaluations and salary adjustments for the City Manager, City Attorney and Municipal C ourt J udge AT TAC H ME N T S: Description I tem 3B - Consideration of a motion to approv e the 2023-24 performance ev aluations and salary adjustments for the City Manager, City Attorney and Municipal Court Judge Packet Page 14 of 138 CITY OF BOULDER CITY COUNCIL AGENDA ITEM MEETING DATE: October 3, 2024 AGENDA TITLE Consideration of a motion to approve the 2023-24 performance evaluations and salary adjustments for the City Manager, City Attorney and Municipal Court Judge. PRESENTER(S) Nicole Speer and Ryan Schuchard, City Council Employee Evaluation Committee EXECUTIVE SUMMARY Based on performance feedback by City Council, internal and external stakeholders and direct report employees, the evaluation committee is bringing to the Council a motion regarding the 2023-24 performance evaluations and salary adjustments for the City Manager, City Attorney and Municipal Court Judge for the evaluation period of July 1, 2023 to June 30, 2024 and prorated for the number of months employed in the evaluation period. The Evaluation Committee has given the City Manager an Exceeds Our High Expectations rating and the Evaluation Committee recommends a 4.0% performance increase that would increase the annual salary from $315,597.33 to $328,221.22. The Evaluation Committee has given the City Attorney an Exceeds Our High Expectations rating and the Evaluation Committee recommends a 4.0% performance increase that would increase the annual salary from $260,403.35 to $270,819.48. This also reflects a correction to base pay for the City Attorney effective July 1, 2023 from $257,639.64 to $260,403.35 (correction due to error in prior evaluation calculation). Item 3B - Consideration of a motion to approve the 2023-24 performance evaluations and salary adjustments for the City Manager, City Attorney and Municipal Court Judge Page 1 Packet Page 15 of 138 The Evaluation Committee has given the Municipal Court Judge an Exceeds Our High Expectations rating and the Evaluation Committee recommends a 4.0% performance increase that would increase the annual salary from $200,000 to $202,000 (3 months employed in evaluation period). CITY COUNCIL EMPLOYEE EVALUATION COMMITTEE RECOMMENDATION OTHER IMPACTS •Fiscal – Should Council choose to provide performance based salary adjustments, the total cost to the city would be $25,040.03. These increases are retroactive to July 1, 2024 and have already been accounted for in the 2024 approved budget and 2025 proposed budget with all other employee salary/wage increases. •Fiscal – The correction to the base salary for the City Attorney, for the period July 1, 2023 to June 30, 2024 is $2,763.71, which has already been accounted for in the 2024 approved budget. •Staff time – Staff time is approximated at 40 hours over the course of the support period, and an external consultant provided support with feedback collection. BACKGROUND Each year the City Council considers granting a performance pay increase to its three direct employees, City Manager and City Attorney and Municipal Court Judge, based on a performance evaluation process. ANALYSIS The City Council employee evaluation process is supervised by the Council Employee Evaluation Committee. The procedure for the employee evaluation is guided in part by the City Charter. Section 9 provides that the Council may appoint a committee of not more than two Council members to consider making a recommendation on the performance of its employees. The committee’s business may be conducted in private. Suggested Motion Language: The City Council Evaluation Committee requests council consideration of this matter and action in the form of the following motion: Consideration of a motion to approve the 2023-24 performance evaluations and salary adjustments recommended by the Evaluation committee for the City Manager, City Attorney and Municipal Court Judge, retroactive to July 1, 2024. Item 3B - Consideration of a motion to approve the 2023-24 performance evaluations and salary adjustments for the City Manager, City Attorney and Municipal Court Judge Page 2 Packet Page 16 of 138 The committee seeks input from a variety of sources regarding its three employees, synthesizes the information, and makes a recommendation to the entire Council with regard to a proposed performance rating and compensation. The council adopts a performance rating as part of the evaluation process. Personnel files are generally not disclosed under the state public records law. See section 24-72-204(3)(a)(II)(A), C.R.S. Performance ratings or compensation are not considered to be part of the personnel file. See section 24-72-202(4.5), C.R.S. The evaluation committee recommends that council employee salary increases be based upon the performance ratings given by council to each employee. Each Council member rated the performance of each employee on performance factors through an anonymous feedback tool. Internal and external contacts and direct report staff also rated each Council employee in an anonymous feedback tool. The recommendation for pay increases in the motion represents an average across all factors of all respondents. Rating Increase Band Exceeds Our High Expectations 4% Fully Meets Our High Expectations 3.25% Meets Core Responsibilities 1.75% Does Not Meet Expectations 0% The City Manager received good to high ratings in all categories and an average rating resulting in an Exceeds Our High Expectations rating. As such, the committee recommends a 4.0% increase in salary based on merit. The City Attorney received good to high ratings in all categories and an average rating resulting in a Exceeds Our High Expectations rating. As such, the committee recommends a 4.0% increase in salary based on merit. The Municipal Court Judge received good to high ratings in all categories and an average rating resulting in a Exceeds Our High Expectations rating. As such, the committee recommends a 4.0% increase in salary based on merit. ATTACHMENT(S) None Item 3B - Consideration of a motion to approve the 2023-24 performance evaluations and salary adjustments for the City Manager, City Attorney and Municipal Court Judge Page 3 Packet Page 17 of 138 C OVE R SH E E T ME E T I N G D AT E October 3, 2024 AG E N D A I T E M C onsideration of a motion authorizing the City Manager to convey the permanently affordable homes at 3250 Oneal Circle Unit D20, Boulder, C O, 3515 28th Street #105, Boulder, C O, and 3150 Iris Avenue #F211, Boulder, C O to eligible buyers and sign all associated agreements P RI MARY STAF F C ON TAC T Eli Urken/Homeownership Manager RE Q U E ST E D AC T I ON O R MOT I ON L AN GU AG E Motion authorizing the C ity Manager to convey the permanently affordable homes at 3250 Oneal Circle Unit D20, Boulder, C O, 3515 28th Street #105, Boulder, C O, and 3150 Iris Avenue #F211, Boulder, C O to eligible buyers and sign all associated agreements AT TAC H ME N T S: Description I tem 3C - Consideration of a motion authorizing the City Manager to conv ey three permanently affordable homes in Boulder to eligible buyers and sign all associated agreements. Packet Page 18 of 138 CITY OF BOULDER CITY COUNCIL AGENDA ITEM MEETING DATE: October 3, 2024 AGENDA TITLE Consideration of a motion authorizing the City Manager to convey the permanently affordable homes at 3250 Oneal Circle Unit D20, Boulder, CO, 3515 28th Street #105, Boulder, CO, and 3150 Iris Avenue #F211, Boulder, CO to eligible buyers and sign all associated agreements. PRESENTER/S Nuria Rivera-Vandermyde, City Manager Kurt Firnhaber, Director of Housing & Human Services Jay Sugnet, Housing & Human Services Senior Manager Eli Urken, Homeownership Manager EXECUTIVE SUMMARY Approval from City Council is required to dispose of City property. The City, through its Housing & Human Services Department, purchased three homes in February, June, July of 2024 (3250 Oneal Circle Unit D20, Boulder, CO, 3515 28th Street #105, Boulder, CO, and 3150 Iris Avenue #F211, Boulder, CO). The homes were purchased with the intention of providing homeownership opportunities to middle income buyers. The homeownership program seeks approval to sell the properties to program qualified buyers. This will allow the homes to be added to the City’s Permanently Affordable Homeownership Program. STAFF RECOMMENDATION Suggested Motion Language: Staff requests council consideration of this matter and action in the form of the following motion: Item 3C - Consideration of a motion authorizing the City Manager to convey three permanently affordable homes in Boulder to eligible buyers and sign all associated agreements. Page 1 Packet Page 19 of 138 COMMUNITY SUSTAINABILITY ASSESSMENTS AND IMPACTS •Economic – The City’s Permanently Affordable Homeownership Program is committed to making homes in our community available to a variety of people. We offer opportunities for homeownership to those with low-, moderate-, and middle-incomes throughout the city. Authorizing the City Manager to sell the properties will provide opportunities for permanently affordable homeownership to families in Boulder. •Social – The sale of these homes will give income qualified applicants the opportunity to purchase an affordable home in Boulder while increasing overall socio-economic diversity. OTHER IMPACTS Fiscal – The purchase and sale of these properties will have a net cost of approximately $446,500, with an average per unit subsidy of approximately $148,900.00. The majority of this represents the subsidy needed to convert these homes from market rate homes to permanently affordable homes. To make them affordable, the price needed to be lowered. In addition, some of the systems in the homes were in need of maintenance or replacement. The net cost was anticipated and budgeted for within the Housing & Human Services initiative that creates middle-income affordable homes. Table A – Property Purchase, Rehabilitation and Resale Costs 3250 Oneal Cir Unit D20 3515 28th St #105 3150 Iris Ave #F211 2 bed, 1 bath, 767 sq ft 2 bed, 1 bath, 748 sq ft 2 bed, 1 bath, 958 sq ft Purchase Amount ≈ ($354,300.00) ≈ ($346,400.00) ≈ ($384,400) Rehabilitation Costs ≈ ($10,800.00) ≈ ($11,000.00) ≈ ($31,600) Resale Costs ≈ ($7,200.00) ≈ ($8,200.00) ≈ ($7,600) Total Costs ≈ ($372,300.00) ≈ ($365,600.00) ≈ ($423,600) Table B – Property Sale Property Resale Amount $225,000.00 $240,000.00 $250,000 Total Costs ≈ ($372,300.00) ≈ ($365,600.00) ≈ ($423,600) Affordable Housing Fund ≈ ($147,300.00) ≈ ($125,600) ≈ ($173,600) •Staff time - Staff time needed to facilitate the property sale would be a part of the normal work plan. No additional staff resources would be required. Motion to authorize the City Manager to dispose of the permanently affordable homes at 3250 Oneal Circle Unit D20, Boulder, CO, 3515 28th Street #105, Boulder, CO, and 3150 Iris Avenue #F211, Boulder, CO to eligible buyers and sign all associated agreements. Item 3C - Consideration of a motion authorizing the City Manager to convey three permanently affordable homes in Boulder to eligible buyers and sign all associated agreements. Page 2 Packet Page 20 of 138 BACKGROUND To build the inventory of permanently affordable homes available to middle-income earners (80-120% AMI), Housing & Human Services established a new initiative in 2021 called Scattered Site Acquisitions. The goal of this initiative is to buy homes at market prices and resell them at lower prices that are in line with the Permanently Affordable Homeownership Program specific to middle-income. A permanently affordable covenant is attached to the property to ensure affordability in perpetuity. 3250 Oneal Circle Unit D20, Boulder, CO, 3515 28th Street #105, Boulder, CO, and 3150 Iris Avenue #F211, Boulder, CO were purchased at market rate with the intention to convert them all to permanently affordable homes. ANALYSIS The Housing & Human Service’s mission is to preserve and provide safe, quality and affordable housing opportunities through collaborative community planning and funding of programs. The purchase and resale of these properties upholds the mission of the program. The disposal of these properties will afford certified applicants opportunities to own a home in the city. These properties will serve applicants who earn up to 120% of the Area Median Income. Approval from City Council is required to dispose of City property, § 2-2-8(a) “Conveyance of Real Property Interests,” B.R.C. 1981. Item 3C - Consideration of a motion authorizing the City Manager to convey three permanently affordable homes in Boulder to eligible buyers and sign all associated agreements. Page 3 Packet Page 21 of 138 C OVE R SH E E T ME E T I N G D AT E October 3, 2024 AG E N D A I T E M Introduction, first reading and consideration of a motion to order published by title only Ordinance 8663 amending Title 8, “Parks, Open Spaces, Streets, and Public Ways,” B.R.C , 1981, to add a new Chapter 11 concerning the establishment of Lodging Business Assessment Areas; and setting forth related details P RI MARY STAF F C ON TAC T Teresa Taylor Tate, City Attorney, 303.441.3020 RE Q U E ST E D AC T I ON O R MOT I ON L AN GU AG E Motion to introduce and order published by title only Ordinance 8663 amending Title 8, “Parks, Open Spaces, Streets, and Public Ways,” B.R.C , 1981, to add a new C hapter 11 concerning the establishment of Lodging Business Assessment Areas; and setting forth related details AT TAC H ME N T S: Description I tem 3D - 1st Rdg Ord 8663 Amending Title 8 to E stablish L odging Business Assessment Areas Packet Page 22 of 138 CITY OF BOULDER CITY COUNCIL AGENDA ITEM MEETING DATE: October 3, 2024 AGENDA TITLE Introduction, first reading and consideration of a motion to order published by title only Ordinance 8663 amending Title 8, “Parks, Open Spaces, Streets, and Public Ways,” B.R.C, 1981, to add a new Chapter 11 concerning the establishment of Lodging Business Assessment Areas; and setting forth related details. PRESENTERS Nuria Rivera-Vandermyde, City Manager Teresa Taylor Tate, City Attorney Christiana McCormick, Assistant City Attorney III Mark Woulf, Assistant City Manager Jennifer Pinsonneault, Economic Vitality Manager EXECUTIVE SUMMARY Proposed Ordinance 8663, if adopted, would create a mechanism and procedures for Lodging Business Assessment Areas (LBAAs) to be formed within the city. An LBAA created pursuant to these procedures would be a quasi-governmental entity separate from the city that has the authority to assess fees and taxes, which are used for tourism-related facilities and services beyond that which the city provides and which promote the economic health of the city’s lodging businesses for the benefit of residents and visitors. No LBAA is created through adoption of this Proposed Ordinance. Proposed Ordinance 8663 is an “enabling ordinance” that establishes the procedures and criteria for the formation of LBAAs only. In order for an LBAA to be formed, after Proposed Ordinance 8663 becomes effective, representatives of lodging businesses who want to create an Item 3D - 1st rdg Ord. 8663 Establishing LBAAs Page 1 Packet Page 23 of 138 LBAA would need to follow the procedures established by Proposed Ordinance 8663 to petition the city for formation of an LBAA. If their petition meets the requirements of Proposed Ordinance 8663, then a separate “establishment ordinance” would be adopted to formally create the LBAA. STAFF RECOMMENDATION Suggested Motion Language: Motion to introduce and order published by title only Ordinance 8663 amending Title 8, “Parks, Open Spaces, Streets, and Public Ways,” B.R.C, 1981, to add a new Chapter 11 concerning the establishment of Lodging Business Assessment Areas; and setting forth related details. COMMUNITY SUSTAINABILITY ASSESSMENTS AND IMPACTS Economic - The purpose of allowing Lodging Business Assessment Areas is to promote the economic health of the city by providing an avenue for lodging businesses to better market and promote their services to attract visitors. Environmental - None. Social - None. OTHER IMPACTS Fiscal - None. Staff time - There is an option to assign a city staff member to the board of a Lodging Business Assessment Area as a non-voting, ex officio director, but it is not required. RESPONSES TO QUESTIONS FROM COUNCIL AGENDA COMMITTEE None. BOARD AND COMMISSION FEEDBACK None. PUBLIC FEEDBACK None. BACKGROUND Since late 2023 the Boulder Visitors and Convention Bureau (d/b/a Visit Boulder) and its Board of Directors has been exploring the feasibility of a Lodging Business Assessment Item 3D - 1st rdg Ord. 8663 Establishing LBAAs Page 2 Packet Page 24 of 138 Area (LBAA), similar to the Tourism Improvement Districts (TIDs) in Denver and Fort Collins, within the city. Visit Boulder has coordinated with the local hotel industry to gauge interest in the creation of such an entity and is reporting overwhelmingly strong support throughout the industry. In early 2024, Visit Boulder approached city staff to discuss the progress on their feasibility study with their project consultants (Civitas). Their feasibility study focused on the TIDs operated in Fort Collins and Denver, the interest amongst local lodging partners, fee structure, and fee amount. Visit Boulder would like to begin the process of collecting signatures as soon as possible to facilitate planning for the upcoming year. Since an LBAA is not formed until a petition is submitted and an establishment ordinance is adopted, Visit Boulder is seeking approval of Proposed Ordinance 8663, the enabling ordinance, on consent. If Proposed Ordinance 8663 is adopted, Visit Boulder plans to circulate the petition over the next two months, which would define area, fee structure, and fee amount, with the goal of returning for consideration of an establishment ordinance in late Q4 2024 or early Q1 2025. ANALYSIS LBAAs or TIDs are both quasi-governmental entities established by a local government that are separate from the local government and are intended to improve or enhance facilities and services that are otherwise unavailable. These entities are created solely through home rule authority and not through any authority granted by the State in the Colorado Revised Statutes. If the city allows the formation of LBAAs by adopting Proposed Ordinance 8663, an LBAA formed within the city would be a special purpose taxing entity that allows an additional assessed fee or tax on room stays to be directly distributed to and managed by the Destination Marketing Improvement organization (for the city of Boulder, that entity is Visit Boulder). This would allow lodging businesses to pay into an entity and have direct representation in the allocation of tourism resources to support the lodging business industry. A primary interest of Visit Boulder and their industry partners is to adequately prepare for the marketing and booking of new hotel rooms at several new locations and including conventions at the soon-to-come CU Conference Center and Hotel (Limelight). The process to create a local LBAA is encompassed in three steps: (1) City Council adopts an enabling ordinance, which is Proposed Ordinance 8663; (2) a sufficient petition to create an LBAA is submitted to the city and a hearing is held on the petition; and (3) if the city finds that the petition and related materials meet the requirements established by Proposed Ordinance 8663, another ordinance is adopted that formally creates the LBAA, the “establishment ordinance.” The process is similar to how a business improvement district or general improvement district is created. Because any LBAA created within city limits is a quasi-governmental entity, the LBAA is subject to the Taxpayer’s Bill of Rights (TABOR), the Colorado Open Meetings Law, Item 3D - 1st rdg Ord. 8663 Establishing LBAAs Page 3 Packet Page 25 of 138 the Colorado Open Records Act, and the Local Government Budget Law. As a separate and distinct entity from the city, all revenues, debts, and liabilities of the LBAA are those of the LBAA only and do not become financial obligations of the city. Proposed Ordinance 8663 requires that, once formed, the LBAA’s board of directors is composed of members who are electors of the LBAA, and the city has the option to assign a member of city staff to be a non-voting, ex officio director. After the initial board members’ terms expire, new board members are recruited and recommended by the LBAA, appointed by the mayor, and confirmed by City Council. In addition, the LBAA must provide an annual report to the city concerning their budget and annual plan. NEXT STEPS Second reading and consideration of adoption of Proposed Ordinance 8663 is set for October 17. ATTACHMENT Attachment A – Proposed Ordinance 8663 Item 3D - 1st rdg Ord. 8663 Establishing LBAAs Page 4 Packet Page 26 of 138 K:\CMAD\o-8663 1st rdg Title 8 New Ch. 11 Establishing LBAAs-3571.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ORDINANCE 8663 AN ORDINANCE AMENDING TITLE 8, “PARKS, OPEN SPACES, STREETS, AND PUBLIC WAYS,” B.R.C. 1981, TO ADD A NEW CHAPTER 11 CONCERNING THE ESTABLISHMENT OF LODGING BUSINESS ASSESSMENT AREAS; AND SETTING FORTH RELATED DETAILS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER, COLORADO: Section 1. Legislative Findings. A.As a home rule municipality, the City of Boulder has the authority under Article XX, Section 6 of the Colorado Constitution to establish local lodging business assessment areas and other types of entities that are separate and distinct governmental or quasi-governmental entities from the city. B.The city may establish these LBAAs to provide public improvements and services that are of local and municipal concern as needed to benefit the health, safety and welfare of the city’s residents and its visitors. C.Visitors to the city contribute substantially to the health of the city’s economy, and the local hospitality and tourism industries provide a significant number of jobs for city residents, as well as directly benefiting the city’s lodging businesses and other tourism-related businesses in the city. D.As one tool to help these sectors of the city’s tourism and visitor economy, this ordinance will allow the city’s lodging businesses to organize and establish, subject to city council’s approval, lodging business assessment areas that will be able to impose certain fees and assessments to be paid by the lodging businesses and for the resulting revenues to be used by the Attachment A – Proposed Ordinance 8663 Item 3D - 1st rdg Ord. 8663 Establishing LBAAs Page 5 Packet Page 27 of 138 K:\CMAD\o-8663 1st rdg Title 8 New Ch. 11 Establishing LBAAs-3571.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 LBAAs to provide certain tourism-related improvements and services to encourage overnight visitation to the city and stays at the city’s lodging businesses. E. Adoption of this ordinance will therefore serve the public purposes of helping to bolster the economic health of the city’s hospitality and tourism industries and generally contribute to the public’s health, safety, and welfare. Section 2. Title 8 of the Boulder Revised Code, 1981, is hereby amended by adding a new Chapter 11, “Lodging Business Assessment Areas,” to read in its entirety as follows: CHAPTER 11 LODGING BUSINESS ASSESSMENT AREAS 8-11-1. - Council Findings. Lodging business assessment areas may be organized under this chapter to provide improved, enhanced, additional, or otherwise unavailable tourism-related facilities and services that are over- and-above the facilities and services regularly provided by the city. The organization of lodging business assessment areas within the city having the purposes and powers provided in this chapter will serve the following public purposes: (i) promote economic health; (ii) promote the health, safety, prosperity, security and general welfare of the city’s residents and visitors; and (iii) specially benefit the lodging businesses within the boundaries of any LBAA created under this chapter. The city is empowered to create lodging business assessment areas as authorized in this chapter under its plenary home rule authority over matters of local and municipal concern, as authorized by Article XX, Section 6 of the Colorado Constitution. 8-11-2. - General Power to Establish Lodging Business Assessment Areas. The city authorizes the establishment and organization of lodging business assessment areas within the city under this chapter to fund and provide tourism improvements and tourism services that will confer special benefits upon lodging businesses within such LBAAs and confer general benefits to the city, its residents, and its visitors. 8-11-3. - Legal Status of Lodging Business Assessment Areas. Any lodging business assessment area created under this chapter shall be deemed a body corporate and politic, a "district" within the meaning of Article X, Section 20 of the Colorado Constitution, a “local government” within the meaning of Local Government Budget Law of Colorado at Part 1, Article 1, Title 29 of the Colorado Revised Statutes, and a unit of local government distinct and separate from the city itself. As a legal entity established entirely through an exercise of the city's Attachment A – Proposed Ordinance 8663 Item 3D - 1st rdg Ord. 8663 Establishing LBAAs Page 6 Packet Page 28 of 138 K:\CMAD\o-8663 1st rdg Title 8 New Ch. 11 Establishing LBAAs-3571.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 home rule authority, lodging business assessment areas shall not be considered political subdivisions of the state. The multiple-fiscal year debt and other financial obligations of a lodging business assessment area shall not be considered obligations of the city nor shall a LBAA’s fiscal year spending and revenue be considered that of the city. 8-11-4. - Definitions. As used in this chapter, unless the context indicates otherwise, the following words and terms shall have the meanings set forth below: Annual plan shall mean the board's annual report outlining the LBAA’s revenues, expenditures, projects, and goals. Authorized manager shall mean the person who exercises overall responsibility to manage the day-to-day operations of a specific lodging business and is authorized by the lodging business to sign a petition for the inclusion of the lodging business in a lodging business assessment area. Board shall mean the board of directors of a lodging business assessment area. Director shall mean a member of the board of a lodging business assessment area. Elector shall mean a natural person who is a resident of the State of Colorado, is eighteen (18) years of age or older and registered to vote in general elections in the State of Colorado and who: (1) Is obligated to collect the public accommodation tax pursuant to chapter 3-3 of this code by virtue of ownership and operation of a lodging service or public accommodation in the lodging business assessment area; or (2) Is obligated to collect the short-term rental tax pursuant to chapter 3-15 of this code by virtue of ownership and operation of a short-term rental accommodation in the lodging business assessment area; or (3) Is the natural person designated to vote for an entity that is: a. Not a natural person, and b. Obligated to collect the public accommodation tax by virtue of ownership of a lodging service or public accommodation in the lodging business assessment area, or c. Obligated to collect the short-term rental tax by virtue of ownership of a short-term rental accommodation in the lodging business assessment area. Attachment A – Proposed Ordinance 8663 Item 3D - 1st rdg Ord. 8663 Establishing LBAAs Page 7 Packet Page 29 of 138 K:\CMAD\o-8663 1st rdg Title 8 New Ch. 11 Establishing LBAAs-3571.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Such designation must be in writing, under oath, on a form approved by the board and filed with the secretary of the LBAA. Only one (1) such natural person may be designated by the lodging service, public accommodation, or short-term rental accommodation owner. Nothing in this definition shall permit an elector to cast more than one (1) vote per lodging service, public accommodation, or short-term rental accommodation whether through a designated elector or as a natural person. Establishment ordinance shall mean the ordinance passed by City Council establishing a lodging business assessment area and containing the information required in section 8-11- 14, “Establishment Ordinance,” B.R.C. 1981. Hosting platform shall mean a person who collects or receives a fee, directly or indirectly, for conducting a booking transaction using any medium of facilitation, including an internet-based platform. Initial plan shall mean the plan submitted with the petition to organize a lodging business assessment area containing the information required in section 8-11-9, “Petition Submittal and Initial Plan,” B.R.C. 1981. Lodger shall mean a person to whom lodging is being provided for compensation. Lodging business shall mean a person providing accommodations for lodging purposes, public accommodations, and short-term lodging services. Lodging purposes has the same meaning as set forth in chapter 3-3, “Public Accommodations Tax,” B.R.C. 1981, of this code. Lodging business assessment area or LBAA shall mean a lodging business assessment area established under this chapter. Maintenance shall mean the periodic cleaning, repair, restoration, rehabilitation, refurbishment and replacement of an existing improvement. Public accommodation tax shall mean the public accommodation tax imposed by the public accommodation tax ordinance. Public accommodation tax ordinance shall mean chapter 3-3 of this code. Room shall mean any portion of a building designed for an occupancy as a complete, independent living quarter for one (1) or more natural persons, having direct access from outside the building or through a common hall and having living, sleeping and sanitary facilities, and may also include kitchen facilities, which living quarter is for the exclusive use of the occupant(s). Attachment A – Proposed Ordinance 8663 Item 3D - 1st rdg Ord. 8663 Establishing LBAAs Page 8 Packet Page 30 of 138 K:\CMAD\o-8663 1st rdg Title 8 New Ch. 11 Establishing LBAAs-3571.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Short-term rental tax shall mean the short-term rental tax imposed by chapter 3-15 of this code. Short-term rental tax ordinance shall mean chapter 3-15 of this code. Self-affirmation shall mean a self-affirmation substantially in the form shown in section 8- 11-8, “Self-Affirmation and Penalties,” B.R.C. 1981. Tourism improvements shall mean any public improvements designed and intended to be used in support of the tourism services to be provided by the LBAA, which may include, without limitation: decorative structures; identification and directional signs; transportation services; buildings and facilities located anywhere in the city primarily designed to host and serve conventions and meetings or to otherwise serve visitors to the city and the traveling public; and all necessary, incidental and appurtenant structures and improvements thereto. Tourism services shall mean any of the following: (a) the maintenance of any LBAA- owned tourism improvements and any other publicly owned buildings or facilities located anywhere in the city primarily designed to host and serve conventions and meetings or to otherwise serve visitors to the city and the traveling public; (b) the organization, promotion, marketing and management of public events; (c) marketing and promotions services designed to attract more tourists, visitors, conventions and other meetings to the city; (d) other services provided for the purpose of conferring benefits upon lodging businesses located in the lodging business assessment area ; and (e) any combination of the foregoing services. 8-11-5. - General Powers of Lodging Business Assessment Areas. Except as may be limited or modified by the establishment ordinance, lodging business assessment areas shall have the following powers: (a) Term. To have perpetual existence unless limited as provided in the establishment ordinance. (b) Impose fees or assessments. To fund tourism improvements, tourism services, and the other affairs of the LBAA by imposing fees and assessments on the lodging businesses or upon lodgers; provided, however, that an LBAA shall have no authority to impose any ad valorem property tax. (c) Elections. To hold elections for the purpose of compliance with Article X, Section 20 of the Colorado Constitution, including approving any multiple-fiscal year obligation of the LBAA, or conducting any other LBAA affairs as required by applicable law. An LBAA’s elections shall be conducted in accordance with the Colorado Local Government Election Code in Article 13.5 of the Title 1 of the Colorado Revised Statutes; provided, however, that the definition of electors eligible to vote in such an election shall be as provided in this chapter. In the event of any other conflict between this chapter and the Colorado Local Attachment A – Proposed Ordinance 8663 Item 3D - 1st rdg Ord. 8663 Establishing LBAAs Page 9 Packet Page 31 of 138 K:\CMAD\o-8663 1st rdg Title 8 New Ch. 11 Establishing LBAAs-3571.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Government Election Code, the requirements of this chapter shall control. (d) Contracts. To enter into contracts and agreements affecting the affairs of the LBAA, including, without limitation: (i) contracts relating to the LBAA’s tourism improvements and tourism services; (ii) contracts with the city for the collection and expenditure of LBAA fee and assessment revenue; and (iii) contracts for any other administrative, legal or financial services necessary to assist the LBAA in the performance of its lawful functions. (e) Control of LBAA business. To have the management, control, and supervision of all the business and affairs of the LBAA and of the acquisition, construction, financing, installation and operation of tourism improvements and the funding and operation of LBAA tourism services. (f) Property interests. To acquire, construct, finance, install and operate the tourism improvements contemplated by this chapter and to acquire all property, rights or interests necessary, incidental or appurtenant thereto and to dispose of real and personal property and any interest therein, including leases and easements in connection therewith. (g) Employees and contractors. To hire employees and retain agents, engineers, consultants, attorneys, accountants, and other professionals as needed to conduct the affairs of the LBAA. (h) Litigation. To sue and be sued and be a party to suits, actions, or proceedings. (i) Bylaws. To adopt and amend bylaws not in conflict with the constitution and laws of the United States and State of Colorado or in conflict with the city’s charter, code and ordinances, as needed by the LBAA for carrying out its business objectives and the affairs of its board. (j) Necessary, incidental, and implied powers. To exercise all rights and powers necessary or incidental to or implied from the specific powers granted in this chapter. Such specific powers shall not be considered as a limitation upon any power necessary or appropriate to carry out the purposes and intent of this chapter. 8-11-6. - Prohibited Powers. A lodging business assessment area shall have neither the power of eminent domain nor any police or regulatory powers. A lodging business assessment area shall not have the power to incur bonded debt or similar indebtedness in any other form without the city council’s prior written consent. However, a LBAA may have the power to enter into contractual multiple-fiscal year debt or other financial obligations within the meaning of Article X, Section 20 of the Colorado Constitution, subject to the approval of the electors of the LBAA or provided that the LBAA’s payment of such debt or other financial obligations are subject to annual appropriation by the board. Nothing in this chapter shall affect or impair the control and jurisdiction which the city has over all property within its boundaries. All powers granted by this chapter shall be subject to such control and jurisdiction. Attachment A – Proposed Ordinance 8663 Item 3D - 1st rdg Ord. 8663 Establishing LBAAs Page 10 Packet Page 32 of 138 K:\CMAD\o-8663 1st rdg Title 8 New Ch. 11 Establishing LBAAs-3571.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 8-11-7. - How Initiated. (a) Petition. Any proposal for the establishment of a lodging business assessment area may be initiated by a petition filed with the city clerk subject to the requirements in this section. (b) Contents of petition. Each petition shall include: (1) A description of the boundaries of the LBAA, which may be coterminous with the boundaries of the entire city or a smaller geographical area encompassing only a portion of the city; (2) If applicable, justification for the proposed LBAA’s boundaries overlapping the boundaries of an existing LBAA; (3) Description of the type and kind of lodging businesses to be initially included in the LBAA and the type and kind of future lodging businesses to be included in the LBAA under section 8-11-11, “Inclusion or Exclusion of Lodging Businesses,” B.R.C. 1981; (4) A general description of the tourism improvements and tourism services that the LBAA intends to fund and provide; (5) A statement describing how the tourism improvements and services provided by the LBAA will confer a general benefit on the LBAA and result in benefits to the LBAA distinct in kind or extent from any benefits provided by the city; (6) The proposed fee or assessments to be imposed by the LBAA, the proposed method by which any fees or assessments will be collected and disbursed, and the intended uses of any revenue derived from any fee or assessment. A fee or assessment may be imposed by a LBAA based on a fixed amount, rate per transaction, fixed rate per transaction per day, percentage of sales, any combination of these methods, or any other method that confers benefit to the payor; (7) The proposed composition of the board, including the number of directors desired, which must be in accordance with section 8-11-15, “Board of Directors,” B.R.C. 1981; (8) The initial plan of the LBAA, containing the information specified in section 8-11- 9, “Petition Submittal and Initial Plan,” B.R.C. 1981; and (9) All signatures on petitions shall be accompanied by a self-affirmation substantially in the form provided in section 8-11-8, “Self-Affirmation,” B.R.C. 1981. (c) Petition sections. A petition may consist of one (1) or more petition sections, all of which will be aggregated to determine whether the requirements of section 8-11-9, “Petition Attachment A – Proposed Ordinance 8663 Item 3D - 1st rdg Ord. 8663 Establishing LBAAs Page 11 Packet Page 33 of 138 K:\CMAD\o-8663 1st rdg Title 8 New Ch. 11 Establishing LBAAs-3571.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Submittal and Initial Plan,” B.R.C. 1981, have been met. (d) Fee for petition. The city manager may require payment of an administrative fee for the filing, review, approval and amendment of any petition and initial plan for an LBAA. The city manager may waive such fee upon a showing of good cause. 8-11-8. - Self-Affirmation. (a) The self-affirmation on a petition shall state: "I state, under penalty of law that, to my knowledge and belief, the facts stated in the petition are true, that my signature and name are as shown on this petition, and that I have signed this petition or have been duly authorized to sign this petition by the entity identified hereunder." (b) A petition shall not be valid after one (1) year has elapsed from the date of the self- affirmation. (c) A self-affirmation shall be presumed valid unless competent evidence to the contrary is presented to and accepted by the city manager, or the city council determines otherwise. (d) If a person eligible to sign a petition is unable to make a signature, such person may affirm by making a mark on the self-affirmation, with or without assistance, witnessed by another person. (e) It shall be unlawful for any person knowingly to make a false statement on a self- affirmation on any petition filed under this chapter. (f) It shall be unlawful for any person to, by use of force or any other means, unduly influence a person to sign a petition or to not sign a petition, falsely make, alter, forge or counterfeit any petition before or after it has been filed as provided in section 8-11-9, “Petition Submittal and Initial Plan,” B.R.C. 1981, or to destroy, deface, mutilate or tamper with any petition before or after it has been filed as provided in section 8-11-9, “Petition Submittal and Initial Plan,” B.R.C. 1981. 8-11-9. - Petition Submittal and Initial Plan. (a) In all cases in which a LBAA is proposed pursuant to this chapter, the petition filed with the city clerk under section 8-11-7, “How Initiated,” B.R.C. 1981, must be signed by either: (1) Authorized managers representing lodging businesses having at least fifty percent (50%) of the total rooms to be included in the LBAA; or (2) Authorized managers of lodging businesses in the proposed LBAA who will pay at least fifty percent (50%) of the fees or assessments proposed to be imposed. Attachment A – Proposed Ordinance 8663 Item 3D - 1st rdg Ord. 8663 Establishing LBAAs Page 12 Packet Page 34 of 138 K:\CMAD\o-8663 1st rdg Title 8 New Ch. 11 Establishing LBAAs-3571.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (b) Initial Plan. Appended to the petition shall be an initial plan for the LBAA which shall include, in addition to the information specified in section 8-11-7, “How Initiated,” B.R.C. 1981, the following information: (1) Name. The proposed name of the LBAA. (2) Purpose. The primary purpose or rationale for the LBAA. (3) Location. A description and map of lodging businesses within the proposed LBAA, providing sufficient specificity so an owner of a lodging business can reasonably determine whether their lodging business is within or outside of the LBAA's boundaries. (4) Public participation. A summary of the process employed by petitioners to inform the eligible electors of the proposed LBAA and of the efforts to organize the LBAA in a manner that will allow the electors the opportunity to participate, and the results of such process. (5) Board. The proposed names of the board’s initial directors and a description of how future directors will be nominated for consideration of their appointment to the board. (6) Promotional plan. A summary of the promotional efforts, if any, that the LBAA plans to undertake as part of its proposed tourism improvements and tourism services, the estimated cost thereof, and the manner in which such promotional efforts will be administered. (7) Financial plan. A financial plan showing: (A) The type and rate of any fee or assessment that will be imposed for LBAA purposes and how revenues derived from any fee or assessment will be used over time. A LBAA fee or assessment may be imposed based on a fixed amount, rate per transaction, fixed rate per transaction per day, percentage of sales, any combination of these methods, or any other method that confers benefit to the payor; (B) Any anticipated multiple-fiscal year debt or other financial obligations and other contractual obligations anticipated to be incurred by the LBAA; (C) The reasonably estimated costs of the tourism improvements and tourism services that will be funded by the LBAA; and (8) Term. The proposed term for the LBAA, which may be either perpetual or for a limited term. If the term for the LBAA is less than perpetual, the establishment ordinance shall include provisions for dissolution of the LBAA at the end of the Attachment A – Proposed Ordinance 8663 Item 3D - 1st rdg Ord. 8663 Establishing LBAAs Page 13 Packet Page 35 of 138 K:\CMAD\o-8663 1st rdg Title 8 New Ch. 11 Establishing LBAAs-3571.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 term or may include provisions authorizing the term of the LBAA to be extended. Whether the term is perpetual or for a limited term, the LBAA may be dissolved at any time as authorized in section 8-11-19, “Hosting Platforms,” B.R.C. 1981, or in other manner as provided in the establishment ordinance. (9) Conclusion. A request for city council to approve the establishment of the lodging business assessment area. 8-11-10. - Boundaries of a Lodging Business Assessment Area. The boundaries of a LBAA may be coterminous with the boundaries of the city or may consist of a smaller geographical LBAA encompassing only a portion of the city if so provided in the petition and approved in the establishment ordinance. Such boundaries may consist of contiguous or noncontiguous tracts or parcels of land on which the lodging businesses listed in the petition are located. The boundaries of the LBAA shall be described in the establishment ordinance. The boundaries of LBAAs may overlap, subject to city council approval per section 8-11-13, “Hearing on the Petition,” B.R.C. 1981. 8-11-11. - Inclusion or Exclusion of Lodging Businesses. Unless an alternative procedure for future inclusion or exclusion of lodging businesses is provided in the petition for establishment of a lodging business assessment area, the establishment ordinance for an LBAA may provide for the automatic inclusion within the LBAA of the future lodging businesses described in the petition under section 8-11-7, “How Initiated,” B.R.C. 1981, upon the lodging business obtaining all necessary permits or licenses to begin operating in the city and for the automatic exclusion from the LBAA of any lodging business that ceases to exist after the LBAA is established. In addition, if the boundaries of the LBAA will be conterminous with the city’s boundaries, such future lodging businesses annexed into the city after the establishment of the LBAA shall automatically be included within the LBAA upon annexation. 8-11-12. - Notice of Hearing on the Petition. (a) In all cases when a petition to organize a LBAA has been filed with the city clerk, and the city manager has determined the petition is complete and complies with the requirements of this chapter, the city manager shall forward the petition to the city council for its consideration of the petition and the proposed LBAA’s establishment ordinance at a public hearing. The city clerk shall give notice of the city council’s hearing by publishing the notice once in a newspaper of general circulation in the city in the same manner as notice preceding final passage of an ordinance is published, by mailing it by first class mail to the lodging businesses proposed to be included in the LBAA no less than ten days prior to the hearing, and by posting it on the city’s website for at least ten (10) days before the hearing. The notice shall: (1) Generally describe the tourism improvements and tourism services that the LBAA intends to undertake; Attachment A – Proposed Ordinance 8663 Item 3D - 1st rdg Ord. 8663 Establishing LBAAs Page 14 Packet Page 36 of 138 K:\CMAD\o-8663 1st rdg Title 8 New Ch. 11 Establishing LBAAs-3571.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (2) Generally describe the LBAA boundaries and the lodging businesses within such boundaries; and (3) Prominently state the place, date, and time for the city council hearing on the establishment of the proposed LBAA, which hearing shall be held no fewer than twenty-one (21) days and no more than forty-two (42) days after the date of the mailing of notices. (b) The petition representatives shall reimburse the city for its costs to publish and mail the notices. 8-11-13. - Hearing on the Petition. (a) At the time and place specified in the notice required by Section 8-11-12, “Notice of Hearing on the Petition,” B.R.C. 1981, the city council shall conduct a hearing to determine if the petition and initial plan satisfy the following criteria: (1) The petition has been circulated and signed in conformity with the applicable requirements of this chapter; (2) The creation of the LBAA will not unreasonably duplicate or interfere with any municipal improvement already constructed or planned to be constructed within the limits of the LBAA or service provided to the LBAA; (3) If applicable, there is sufficient justification for the proposed LBAA’s boundaries to overlap the boundaries of an existing LBAA; (4) The initial plan and proposed fee or assessments are reasonable and appropriate when compared to the type of improvements or services proposed; (5) The proposed improvements and services provided by the LBAA will confer a general benefit on the LBAA and result in benefits to the LBAA distinct in kind or extent from any benefits provided by the city; and (6) The initial plan and the establishment of the LBAA are in the best interest of the city. (b) The findings of city council on its determination of the validity of the petition signatures and the sufficiency of the petition shall be final, conclusive, and in the city council’s sole discretion. (c) If the city council cannot make all of the findings prescribed by subsection (a) of this section which are applicable to the petition, it shall dismiss the petition. There is no right of appeal from an order dismissing a petition. Nothing in this chapter shall be deemed to prevent the filing of a subsequent petition for similar improvements or services or for a similar LBAA. Attachment A – Proposed Ordinance 8663 Item 3D - 1st rdg Ord. 8663 Establishing LBAAs Page 15 Packet Page 37 of 138 K:\CMAD\o-8663 1st rdg Title 8 New Ch. 11 Establishing LBAAs-3571.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 8-11-14. - Establishment Ordinance. (a) If the city council determines that the petition and initial plan satisfy the criteria set forth in section 8-11-13, the city council shall adopt an establishment ordinance. (b) At a minimum, the establishment ordinance shall contain the following: (1) The city council’s findings concerning the criteria in section 8-11-13, “Hearing on the Petition,” B.R.C. 1981; (2) Boundaries of the LBAA; (3) Description of the type and kind of lodging businesses to be initially included in the LBAA and the type and kind of future lodging businesses to be included in the LBAA under section 8-11-11, “Inclusion of Exclusion of Lodging Businesses,” B.R.C. 1981. (4) The powers and limits of power to be conferred on the LBAA; (5) The number of directors, appointments of the initial directors, the initial terms of the initial directors, and a description of how future directors will be nominated; (6) The term of the LBAA; (7) The other contents of the initial plan of the LBAA as required by section 8-11-9, “Petition Submittal and Initial Plan,” B.R.C. 1981; (8) Any other provisions the city council deems necessary to protect the interests of the public health, safety, and welfare; and (9) A declaration by city council that the LBAA is duly established and organized. (c) If city council adopts the establishment ordinance, such ordinance shall establish the LBAA and approve the initial plan as presented unless the petition representatives consent at the hearing to the city council modifying the initial plan. The city council’s determinations by adoption of the establishment ordinance that the LBAA is duly organized after notice duly given, or that a petition was or was not filed or was or was not duly subscribed and acknowledged as herein required, or that the evidence presented at the hearing was sufficient or insufficient to support the adoption of the establishment ordinance, shall be conclusive in every court or other tribunal. (d) If there is any conflict between the provisions of the initial plan and the establishment ordinance, the establishment ordinance shall control. Attachment A – Proposed Ordinance 8663 Item 3D - 1st rdg Ord. 8663 Establishing LBAAs Page 16 Packet Page 38 of 138 K:\CMAD\o-8663 1st rdg Title 8 New Ch. 11 Establishing LBAAs-3571.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 8-11-15. - Board of Directors. (a) Board of directors. As specified in the establishment ordinance, an LBAA shall have a board of three (3) to seven (7) directors. City council shall be permitted to assign a member of city staff as a non-voting, ex officio director. The members of the initial board shall be confirmed in the establishment ordinance with one-third, or as near to one-third as possible, of initial appointees to have a term of one year, one-third of the appointees to have a term of two years, and one-third of the appointees to have a term of three years. All members of the board shall be electors within the LBAA. The initial board members’ terms shall be deemed to have commenced on the effective date of the establishment ordinance. Upon the expiration of the initial terms, successor directors shall be recruited by the board, and the board shall provide a recommendation of appointment to the mayor. The mayor shall appoint the successor directors, and the successor directors shall be confirmed by city council by resolution for terms of three (3) years unless the appointee is being appointed to finish the term of a director who has left the board for any reason before the expiration of their term and, in such case, the appointee shall only be appointed to finish the term of the vacated seat. (b) Director removal. All directors may be removed at any time by city council for cause. Directors of the board may be removed without cause by city council if a majority of the board votes to recommend a director’s removal to council. (c) Officers and duties. The board shall appoint a president, secretary, treasurer and such other officers as the board deems necessary, and the same board director may hold more than one (1) position except that president and secretary shall not be held by the same person. The secretary shall keep a record of all proceedings, minutes of meetings, certificates, contracts and corporate acts of the board. The LBAA shall keep permanent records containing accurate accounts of all money received by or disbursed on behalf of the LBAA and shall make such annual or other reports to the city as it may require in the establishment ordinance. (d) Meetings and public records. All board meetings shall be conducted in compliance with the Colorado Open Meetings Law in Part 4 of Article 6 in Title 24 of the Colorado Revised Statutes. All LBAA public records shall be open for public inspection as provided in the Colorado Open Records Act in Part 2 of Article 72 in Title 24 of the Colorado Revised Statutes. The LBAA shall adopt and follow the records retention schedule adopted by the city as set forth in section 2-2-20, “Records Retention,” B.R.C. 1981. (e) Code of conduct. Each director of the board shall be subject to and comply with the city’s Code of Conduct set forth in cChapter 2-7, "Code of Conduct," B.R.C. 1981. (f) Board action. The board shall act by resolution or motion. 8-11-16. - Authority and Other LBAA Revenues. (a) A LBAA shall exercise the authority to impose fees and assessments to the extent and in Attachment A – Proposed Ordinance 8663 Item 3D - 1st rdg Ord. 8663 Establishing LBAAs Page 17 Packet Page 39 of 138 K:\CMAD\o-8663 1st rdg Title 8 New Ch. 11 Establishing LBAAs-3571.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the manner provided for in the establishment ordinance for the LBAA. (b) Procedures for the collection and disbursement of LBAA revenue and other LBAA revenue shall be as provided in the establishment ordinance. A LBAA may contract with the city for collection and enforcement of LBAA fees and assessments in a manner similar to the collection and enforcement of the public accommodation tax or short-term rental tax, as provided in the public accommodation tax ordinance and the short-term rental tax ordinance. 8-11-17. - Annual Plan and Operating Budget (a) The board of any lodging business assessment area shall, by January 5 of each year, file with the city manager the approved budget and annual plan for that fiscal year. LBAAs shall operate on a calendar fiscal year. The city may require the LBAA to supplement the LBAA’s annual plan or budget where necessary. The services, improvements, and financial arrangements of the LBAA shall conform to the annual plan and approved budget. (b) The budget shall meet the requirements of local government budgets set forth in section 29-1-103, Colorado Revised Statutes. (c) The annual plan and the budget may, from time to time, be amended by the LBAA with any such amended plan or budget filed with the city within 15 days of approval by the board. Any material departure from the approved annual plan and the budget, as originally approved or amended from time to time, may be enjoined by an order of the city filed with the board. (d) The lodging business assessment area’s records with respect to all matters covered by the ordinance shall be available for audit and inspection by the city at any time during normal business hours. The city shall provide forty-eight (48) hours’ notice before an audit is begun, and the board staff shall cooperate to the fullest. 8-11-18. - Correction of Faulty Notices. In any case where it is found that a notice provided for in this chapter was not given or insufficient in any way, the city council, city manager, city clerk or board, as applicable, shall not thereby lose jurisdiction, and the proceeding in question shall not thereby be void or abated. The city council, city manager, city clerk or board, as applicable, shall order due notice be given and shall continue the proceeding until such time as notice is properly given and thereupon shall proceed as though notice had been properly given in the first instance. 8-11-19 - Hosting Platforms. (a) This section 8-11-19 shall apply to every short-term rental accommodation and hosting platform doing business in the boundaries of any LBAA. However, no hosting platform(s) shall be subject to collection duties as described in this section if a short-term rental accommodation provides the city and any hosting platform a written statement, signed Attachment A – Proposed Ordinance 8663 Item 3D - 1st rdg Ord. 8663 Establishing LBAAs Page 18 Packet Page 40 of 138 K:\CMAD\o-8663 1st rdg Title 8 New Ch. 11 Establishing LBAAs-3571.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 under penalty of perjury by one authorized to bind the short-term rental accommodation, verifying that the LBAA fee or assessment shall not be passed on to lodgers, but the LBAA fee or assessment shall be paid by the short-term rental accommodation directly from its gross proceeds from short-term rental accommodation or its other assets. (b) If a short-term rental accommodation employs a hosting platform to collect any funds from lodgers, then: (1) The short-term rental accommodation shall inform the hosting platform that funds collected from a lodger for their stay include the sum necessary to pay LBAA fees or assessments. (2) When the hosting platform collects funds from a lodger for a short-term rental accommodation, the hosting platform shall set aside the necessary amount to fulfill the LBAA fee or assessment related to that particular lodger's rental of a short-term rental accommodation and must remit it to the city. A hosting platform is obliged to comply with this paragraph regardless of short-term rental accommodation compliance with section 8-11-19(b)(1). The hosting platform need not comply with this paragraph only if they have, and may produce upon the city’s request, the written statement referenced in section 8-11-19(a). (3) Nothing in this section relieves the short-term rental accommodation from its obligation to remit its LBAA fee or assessment, should a hosting platform fail to discharge the obligation described in Section (b)(2). 8-11-20. - Modification. (a) Upon the written request of the board, the city may modify the LBAA after conducting a public hearing on the proposed modifications and adopting an ordinance following the public hearing.   (b) If the modification includes the imposition of changes to LBAA boundaries, the city shall comply with hearing and notice procedures in sections 8-11-12, 8-11-13, and 8-11-14 of this chapter.   8-11-21. - Renewal. (a) If a term is specified in the initial plan or the establishment ordinance, any LBAA whose term has expired, or will expire, may be renewed by following the procedures for establishment as provided in this chapter. (b) If the renewed LBAA does not include lodging businesses previously included in the prior LBAA, the remaining revenues attributable to these lodging businesses shall be refunded to the owners of these lodging businesses. Attachment A – Proposed Ordinance 8663 Item 3D - 1st rdg Ord. 8663 Establishing LBAAs Page 19 Packet Page 41 of 138 K:\CMAD\o-8663 1st rdg Title 8 New Ch. 11 Establishing LBAAs-3571.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (c) There is no requirement that the boundaries, fees or assessments, activities, or improvements of a renewed lodging business assessment area be the same as the original or prior lodging business assessment area. 8-11-22. - Dissolution of a Lodging Business Assessment Area. (a) Initiation by city manager. Once established, a LBAA shall not be dissolved except when a provision for automatic dissolution on a date certain or upon the happening of an event is provided in the establishment ordinance, the establishment ordinance provides a different manner for dissolution or by a request made by the city manager to the city council for a dissolution ordinance as provided in this section. (b) Contents of request for dissolution. A request for dissolution shall state: (1) Name of the LBAA; (2) A description of the LBAA’s current boundaries; (3) A description of the lodging businesses within the LBAA; (4) A description of the tourism improvements and tourism services being furnished by the LBAA; (5) A statement whether LBAA’s tourism improvements and tourism services will continue to be provided after dissolution and, if so, the plan for their continued provision; (6) A description of the LBAA’s plan, if any, for the disposition of its real and personal property; and (7) A finding by the city manager that dissolution is in the best interests of the city and the LBAA and the city manager’s statement that one or more of the following has occurred: (i) a misappropriation of funds, malfeasance, misfeasance, nonfeasance or violation of the law in connection with the management of the LBAA; (ii) the LBAA has failed for two consecutive years to timely file its annual report as required in section 8-11-17, “Annual Report,” B.R.C. 1981; or (iii) a petition requesting dissolution of the LBAA signed by the electors in the LBAA who represent at least fifty percent (50%) of the total rooms then existing in the LBAA has been filed with the city clerk and the signatures on the petition are accompanied by a self-affirmation substantially in the form provided in section 8-11-8 of this chapter, the petition includes the information required in subsections (b)(1) through (b)(5) above, and it states that all the LBAA’s contracts and legal obligations have been fulfilled. (c) Winding up of LBAA. A LBAA shall not be dissolved until all its contracts and legal obligations have been fulfilled and the plan for the LBAA’s disposition of its real and Attachment A – Proposed Ordinance 8663 Item 3D - 1st rdg Ord. 8663 Establishing LBAAs Page 20 Packet Page 42 of 138 K:\CMAD\o-8663 1st rdg Title 8 New Ch. 11 Establishing LBAAs-3571.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 personal property has been completed. (d) Notice and hearing. Unless automatic dissolution of the LBAA on a date certain is provided in the establishment ordinance, no dissolution shall occur except by an ordinance adopted by the city council following a public hearing called after notice of the hearing is given in the same manner as provided in section 8-11-12, “Notice of Hearing on the Petition,” B.R.C. 1981 for the hearing on the establishment ordinance, except the notice shall describe the tourism improvements and tourism services that the LBAA intends to discontinue providing and describe any plan for continued provision of such improvements and services. 8-11-23. - Limitation of Actions. No action or proceeding, at law or in equity, to review any acts or proceedings, or to question the validity or enjoin the performance of any act, or the imposition or collection of any fee or assessment for a LBAA, or for any other relief against any acts or proceedings done or had under this chapter, whether based upon a claim of illegalities, irregularities or jurisdictional defects, shall be maintained unless commenced within thirty (30) days after the performance of the act complained of or else such proceeding shall be thereafter perpetually barred. 8-11-24. - Liberal Construction. This chapter, being necessary to secure the public health, safety, welfare, and convenience, shall be liberally construed to affect its purposes within the parameters of the charter and the city’s home rule authority. 8-11-25. - Substantial Compliance. Substantial compliance with this chapter shall be all that is required in determining the validity of any petition or the performance of any duty hereunder. 8-11-26. - Prior City Bonds and Other City Obligations. Nothing herein shall be deemed or construed in any manner that impairs the rights of the owners or holders of any city bonds or other city obligations. In the event of any such impairment, the section, clause, phrase or word of this chapter causing such impairment shall be deemed severed from this chapter to avoid the impairment. 8-11-27. - Baseline Funding and Services. The lodging business assessment area is intended to provide supplemental funding and services and not to supplant existing funding or services. After establishing a lodging business assessment area, the city shall not decrease the level of publicly funded tourism promotion services existing prior to the creation of such lodging business assessment area solely due to the creation of the LBAA. Attachment A – Proposed Ordinance 8663 Item 3D - 1st rdg Ord. 8663 Establishing LBAAs Page 21 Packet Page 43 of 138 K:\CMAD\o-8663 1st rdg Title 8 New Ch. 11 Establishing LBAAs-3571.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 8-11-28. - Compliance with City Standards. Lodging business assessment areas established under this chapter shall be subject to and must comply with all applicable provisions in the charter and this code and in all city ordinances, resolutions, regulations, standards and plans, except as may be expressly provided in the establishment ordinance, but such exception shall not apply to applicable charter provisions. 8-11-29. - City Manager May Adopt Rules. The city manager may adopt rules and regulations that the manager determines are reasonably necessary to administer the requirements of this chapter. 8-11-30. - Violation. In addition to any other applicable remedy at law or in equity, violations of this chapter may be prosecuted, and the penalties in section 5-2-4, “General Penalties,” B.R.C. 1981 apply. This chapter shall not be construed as to require administrative proceedings before such criminal action. Section 3. This ordinance is necessary to protect the public health, safety, and welfare of the residents of the city, and covers matters of local concern. Section 4. The city council deems it appropriate that this ordinance be published by title only and orders that copies of this ordinance be made available in the office of the city clerk for public inspection and acquisition. INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY TITLE ONLY this 3rd day of October 2024. ____________________________________ Aaron Brockett, Mayor Attest: ____________________________________ Elesha Johnson, City Clerk Attachment A – Proposed Ordinance 8663 Item 3D - 1st rdg Ord. 8663 Establishing LBAAs Page 22 Packet Page 44 of 138 K:\CMAD\o-8663 1st rdg Title 8 New Ch. 11 Establishing LBAAs-3571.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 READ ON SECOND READING, PASSED AND ADOPTED this 17th day of October 2024. ____________________________________ Aaron Brockett, Mayor Attest: ____________________________________ Elesha Johnson, City Clerk Attachment A – Proposed Ordinance 8663 Item 3D - 1st rdg Ord. 8663 Establishing LBAAs Page 23 Packet Page 45 of 138 C OVE R SH E E T ME E T I N G D AT E October 3, 2024 AG E N D A I T E M Second reading and motion to adopt Ordinance 8644 amending Section 8-3-7, "Regulation of Horses and Livestock," B.R.C . 1981, updating Appendix 8-C indicating where horses are allowed on O SMP trails; and setting forth related details P RI MARY STAF F C ON TAC T Nuria Rivera-Vandermyde, City Manager Dan Burke, Director, Open Space and Mountain Parks J anet Michels, Senior Counsel J eff Haley, Deputy Director, Visitor Experience and Infrastructure Lisa Goncalo, Recreation Stewardship Senior Program Manager RE Q U E ST E D AC T I ON O R MOT I ON L AN GU AG E Motion to adopt Ordinance 8644 amending Section 8-3-7, "Regulation of Horses and Livestock," B.R.C. 1981, updating Appendix 8-C indicating where horses are allowed on O SMP trails; and setting forth related details AT TAC H ME N T S: Description I tem 3E - Ordinance Amendment 8-3-7 Packet Page 46 of 138 CITY OF BOULDER CITY COUNCIL AGENDA ITEM MEETING DATE: October 3, 2024 AGENDA TITLE Second reading and motion to adopt Ordinance 8644 amending Section 8-3-7, "Regulation of Horses and Livestock," B.R.C. 1981, updating Appendix 8-C indicating where horses are allowed on OSMP trails; and setting forth related details. PRESENTERS Nuria Rivera-Vandermyde, City Manager Dan Burke, Director, Open Space and Mountain Parks Janet Michels, Senior Counsel Jeff Haley, Deputy Director, Visitor Experience and Infrastructure Lisa Goncalo, Recreation Stewardship Senior Program Manager EXECUTIVE SUMMARY This memo presents an ordinance that would formally amend Appendix 8-C in Section 8- 3-7: “Regulation of Horses and Livestock”, B.R.C. 1981, to update the Open Space and Mountain Parks (OSMP) horse regulations boundary map. The ordinance would implement the regulatory framework required for horse activity pursuant to the North Trail Study Area Plan (TSA) and Gunbarrel Hill Site Management Plan (ISP). This amendment supports past planning, Open Space Board of Trustees (OSBT), and council recommendations and actions as well as the Master Plan strategies of Responsible Recreation, Stewardship and Enjoyment number 6), Support a Range of Passive Recreational Experiences. Attachment A presents the proposed amendment to Appendix 8-C, in Section 8-3-7, “Regulation of Horses and Livestock,” B.R.C. 1981 updating the OSMP horse regulations boundary maps as Exhibit A to Proposed Ordinance 8644. Item 3E - Ordinance Amendment 8-3-7 Page 1 Packet Page 47 of 138 STAFF RECOMMENDATION COMMUNITY SUSTAINABILITY ASSESSMENTS AND IMPACTS •Economic – OSMP contributes to the economic vitality goal of the city as it provides the context for the diverse and vibrant economic system that sustains services for residents. The land system and quality of life it represents attract visitors and helps businesses recruit and retain quality employees. •Environmental – OSMP is recognized as a leader in the preservation of open space lands and contributing to council’s environmental sustainability goal. The department’s land acquisition, land and resource management, and visitor service programs are prominent community-supported initiatives that help preserve and protect the open space values of these lands. •Social – The OSMP land system is accessible to all members of the community. It supports the council’s community sustainability and equity goals because all residents who live in Boulder can feel a part of, and thrive in, this aspect of their community. OTHER IMPACTS •Fiscal – Implementation costs include sign installation and map updates. •Staff time – Work will be completed as a part of the normal workplan, no additional staff resources will be required. RESPONSES TO QUESTIONS FROM COUNCIL AGENDA COMMITTEE There was a request made at the Aug. 19, 2024 CAC meeting to update the title, clarifying that proposed amendments are specific to horses on OSMP trails and not livestock. The title was updated to reflect this. BOARD AND COMMISSION FEEDBACK At its Aug. 14, 2024 meeting Harmon Zuckerman moved the Open Space Board of Trustees recommend City Council’s approval of the proposed amendment to Appendix 8- C, in Section 8-3-7, “Regulation of Horses and Livestock,” B.R.C. 1981 updating the OSMP horse regulations boundary map; and setting forth related details. Michelle Estrella seconded. This motion passed four to zero; Jon Carroll was absent. Suggested Motion Language: Staff requests council consideration of this matter and action in the form of the following motion: Motion to adopt Ordinance 8644 amending Section 8-3-7, "Regulation of Horses and Livestock," B.R.C. 1981, updating Appendix 8-C indicating where horses are allowed on OSMP trails; and setting forth related details. Item 3E - Ordinance Amendment 8-3-7 Page 2 Packet Page 48 of 138 City Council received an item on the consent agenda in the September 2024 council meeting packet. Approved 8-0. Staff addressed the following questions from council through the hotline: 1.Does this ordinance expand the area for horses or shrink it? The North Trail Study Area (TSA) and Gunbarrel Hill Integrated Site Plans (ISP) expanded passive recreational use for hikers, bikers and equestrians alike. This ordinance implements the horse regulations already approved through the above planning processes. The ordinance is necessary to add the new map layers, that establish the regulatory boundaries. 2.What is the impact of horses going off trail? OSMP staff construct trails to provide identifiable routes concentrating use where it will have the least impact and minimizes the proliferation of undesignated trails. Any off-trail travel can have a negative and long-standing impact to the environment, including the decrease of plant cover and biodiversity, the spread of noxious weeds, and soil hardening, which in turn can lead to erosion. The type of travel can also affect the severity of the impact. Generally, horses have the greatest impact, followed by bikes and boots. Walking side-by-side creates a wider trail, while repeated single-file use can compact soil quicker. Both the North TSA and Gunbarrel Hill ISP plans identified the most sensitive habitat areas where off-trail travel is restricted by regulation for hiking, biking and equestrian use. On Gunbarrel Hill, restrictions are intended to aid in restoration of undesignated trails, and to protect ground nesting birds. In the North Foothills Habitat Conservation Area, rare plant species and communities and steep slopes and soils especially vulnerable to erosion will be protected by the prohibition of off-trail travel for horses, as well as hikers and bikers. Outside of areas on the OSMP system where there are no specific off trail restrictions, it is best practice for all visitors to remain on-trail to minimize their impact on the land, even though there may not be a regulatory requirement to support it. PUBLIC FEEDBACK The department led robust planning processes for the North TSA Plan and the Gunbarrel ISP that represented a diversity of perspectives in the community including people visiting trails within the area, neighbors, stakeholder organizations, youth, and families. BACKGROUND The proposed ordinance would implement the regulatory framework required for horse activity pursuant to the North Trail Study Area Plan (TSA) and Gunbarrel Hill Site Management Plan (ISP). ANALYSIS The Boulder City Charter Sec. 176(c), states: Item 3E - Ordinance Amendment 8-3-7 Page 3 Packet Page 49 of 138 Open Space land shall be acquired, maintained, preserved, retained, and used only for the following purposes: (c) Preservation of land for passive recreational use, such as hiking, photography or nature studies, and, if specifically designated, bicycling, horseback riding, or fishing;”. In 2016, BRC 8-3-7 was amended to implement the Eldorado Mountain/Doudy Trail Study Area Plan (2006) and the West Trail Study Area Plan (2011). It included a new subsection (d) as follows: (d) No person shall take or ride any horse, mule, llama, burro, or other equine animal upon any open space land within the boundaries shown in Appendix 8 C, except where designated for that use by the city manager. Appendix 8-C: With the completion of the North TSA and Gunbarrel Hill ISP, and designation of additional horse regulations, we now seek to amend Appendix 8-C to update the existing map and add the North TSA and Gunbarrel Hill ISP maps. NEXT STEPS The proposed ordinance is set for second reading on Oct. 3, 2024. If adopted, the ordinance would take effect 30 days after final passage. ATTACHMENT •Attachment A: Proposed Ordinance 8644 with Exhibit A Item 3E - Ordinance Amendment 8-3-7 Page 4 Packet Page 50 of 138 K:\OMOP\o-8644 2nd rdg Amending 8-3-7 Appendix 8-C OSMP Trails Horse Regulations-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ORDINANCE 8644 AN ORDINANCE AMENDING APPENDIX 8-C IN SECTION 8- 3-7, “REGULATION OF HORSES AND LIVESTOCK,” B.R.C. 1981 UPDATING THE OSMP TRAILS HORSE REGULATIONS BOUNDARY MAPS; AND SETTING FORTH RELATED DETAILS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER, COLORADO: Section 1. Ordinance 8108 was adopted in 2016 in part to specifically designate where horseback riding is allowed in the Open Space and Mountain Parks West Trail Study Area. Section 2. Ordinance 8644 specifically designates where horseback riding is allowed in the North Trail Study Area the Gunbarrel Hill Site Management Area. Section 3. Appendix 8-C: OSMP Horse Regulations in Section 8-3-7, “Regulation of Horses and Livestock,” B.R.C. 1981, is amended as depicted in Exhibit A attached hereto. Section 4. This ordinance is necessary to protect the public health, safety, and welfare of the residents of the city, and covers matters of local concern. Section 5. The city council deems it appropriate that this ordinance be published by title only and orders that copies of this ordinance be made available in the office of the city clerk for public inspection and acquisition. Attachment A - Proposed Ordinance 8644 Item 3E - Ordinance Amendment 8-3-7 Page 5 Packet Page 51 of 138 K:\OMOP\o-8644 2nd rdg Amending 8-3-7 Appendix 8-C OSMP Trails Horse Regulations-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY TITLE ONLY this 5th day of September 2024. ____________________________________ Aaron Brockett, Mayor Attest: ____________________________________ Elesha Johnson, City Clerk READ ON SECOND READING, PASSED AND ADOPTED this 3rd day of October 2024. ____________________________________ Aaron Brockett, Mayor Attest: ____________________________________ Elesha Johnson, City Clerk Attachment A - Proposed Ordinance 8644 Item 3E - Ordinance Amendment 8-3-7 Page 6 Packet Page 52 of 138 Diagonal Hwy.BroadwayBalsam Ave.20th S t. Pearl St.Arapahoe Rd.76th St.South Boulder Rd.McCasl in B lvd .55th St.28thSt.30thSt.P oo r m anRd.Canyo n B lv d. University Ave.28th St.30th St.CentennialPkwy.Pea r lP kw y .GrossDamR d.G ro s s DamRd.Kossl er LakeRd.Coal Cree k Rd.Roc k C r.Pkwy. M a g nolia D r .ooko ut Rd. Pine St. Baseline Rd. Walnut St. Arapa h o e A v e . Colorado Ave.Hwy939th St.75th StFourmileCanyon Dr. B ou ld e r Cany o nDr.Fo u r mil e CanyonDr .Li ndenDr.OldeStage Rd.63rd St.Jay Rd.51st St.Mapleton A v e .17th St.Arapahoe Rd.63rd St.57th St.Che r r y v a le R d .TableM e s a Dr.55th St.McCaslin Blvd.Via Appi aFoothills Pkwy.Edge w o o d Dr.Linden Dr. Yarmouth Ave. Table Mesa Dr.75thSt.61stSt.Lehigh St.Mo o r h e a d A v e . E ld o ra d o S pringsDr.Bi s o n Dr-Private Indiana St.Baseline Rd. SunshineCanyon Dr. Coa l C r e e k C a n y o n D r . Baseline Rd. S u n shine C a n y o n Dr . Independence Rd. V a l m o n t D r . Bro a d w a y Greenbria r B lvd .Pearl St.Folsom St.Folsom St.FoothillsPkwy.Cherryvale Rd.M a r s h a l l D r .DillonRd.75th St.Jay Rd. Valmont Rd.19th St.Iris Ave. Baseline Rd. Violet Ave. Lee Hill 28th St. S . B r o a d w a yN. Broadway Canyon Blvd. Flagstaff Dr. West TSA Horse Regulations Horses Allowed on Trail Horses Not Allowed on Trail Regulation Boundary Horses Allowed Off Trail Horses Allowed Off Trail with HCA Permit OSMP Fee Property0120.5 Miles User: boadae Date: 7/30/2024 Document Path: E:\MapFiles\Regulatory\HorseRegs\Maps\ManagementTeam05132015\WTSA_STSA_HorseRegs.mxd q Exhibit A to Ord. 8644 Item 3E - Ordinance Amendment 8-3-7 Page 7 Packet Page 53 of 138 26th StNeva Rd ¬«119 ¬«52 ¬«7 ¬«7 ¬«119 £¤36 £¤36 28th StValmont RdBroadwayNFoothillsHwyIris Ave Mineral Rd Foothills PkwySSaintVrain D rLongmo ntDiagonal HwyFoothillsFoothillsSouthLeft Hand FoothillsN o r t h J o der Ranch Deg g e Wonderland HillHidde n Valle y North RimWonder l andLakeOl dKi l nMesaRe s e r v oirE agle Sage IBMConnectorCobaltNorth SkyShale TalonTrailMa hoga n y L oopWrangler Buckingham Park Trail Horses Not Allowed Hogback Ridge Trail Horses Not Allowed Horse Area Regulations Horses Allowed Off Trail with HCA Permit Horses Prohibited No Public Access OSMP Land where Horses are Allowed OSMP Fee Ownership OSMP Joint Ownership OSMP Joint Easement OSMP Easement Regulatory Boundary Equestrian Trail Regulations Not Allowed Allowed Boulder County, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, EPA, NPS, USDA, USFWS 0 1 2 Miles ±Exported: 7/30/2024 1:09 PM The information depicted is provided as a graphical representation only. While source documents were developed in compliance with National Map Accuracy Standards, the City of Boulder provides no guarantee, express or implied, as to the accuracy and/or completeness of the information contained hereon. OSMP.org North TSA Horse Regulations Path: E:\MapFiles\Regulatory\HorseRegs\Maps\HorseRegs\HorseRegs.aprx Exhibit A to Ord. 8644 Item 3E - Ordinance Amendment 8-3-7 Page 8 Packet Page 54 of 138 0 0.25 0.5 Miles ± The information depicted is provided as a graphical representation only. While source documents were developed in compliance with National Map Accuracy Standards, the City of Boulder provides no guarantee, express or implied, as to the accuracy and/or completeness of the information contained hereon. Equestrian Trail Regulations Allowed Horse Area Regulations Horses Prohibited on OSMP Land Regulatory Boundary Esri Community Maps Contributors, City of Boulder, Boulder County, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, EPA, NPS, US Census Bureau, USDA, USFWS OSMP.org Gunbarrel Horse Regulations Exported: 7/31/2024 2:45 PM E:\MapFiles\Regulatory\HorseRegs\Maps\HorseRegs\HorseRegs.aprx Heath er w o o d Dr Park Pl Wi n dsor DrChatham W a yCor n wall Dr Ipswich St Dev onshire Way Harwich St Esse x PlIsl and Gr e enDrDurham StChatham StMountEvansPlColt DrDurham Way Hampshire StBoulderado Dr Pali WayOl d M i l l T r a i l S Greylock StG rasmere Dr M ount Meeker Rd Co ncord D r I s l andCir Devonshire StParkCir Kin c r o s sWay Doral Dr Cambridge StS Meadow DrOwl Ln Buckin g ham RdMount Sherman RdLookoutRidgeDrTanglewood TrailG unbarrel RidgeRd Augus t a Dr Ashfield Dr Old P ost R d Kincross Dr Clubhouse Rd W P hillips RdN 79th StJ a y R d N 75th StN 95th StLookout Rd Vesper East Boulder - Gunbarrel EastBoulder-WhiteRocksExhibit A to Ord. 8644 Item 3E - Ordinance Amendment 8-3-7 Page 9 Packet Page 55 of 138 C OVE R SH E E T ME E T I N G D AT E October 3, 2024 AG E N D A I T E M Second reading and consideration of a motion to adopt Ordinance 8654 amending Section 7-6- 21,” Parking in Loading Zone Prohibited,” B.R.C. 1981 to implement the flexible loading zone component of the Boulder C urbside Implementation Guidebook; and setting forth related details P RI MARY STAF F C ON TAC T C hris Hagelin, Transportation Principal Planner RE Q U E ST E D AC T I ON O R MOT I ON L AN GU AG E Motion to adopt Ordinance 8654 amending Section 7-6-21,” Parking in Loading Zone Prohibited,” B.R.C . 1981 to implement the flexible loading zone component of the Boulder C urbside Implementation Guidebook; and setting forth related details AT TAC H ME N T S: Description I tem 3F - F lexible Loading Zone Ordinance Update 2nd rdg Packet Page 56 of 138 CITY OF BOULDER CITY COUNCIL AGENDA ITEM MEETING DATE: October 3, 2024 AGENDA TITLE Second reading and motion to adopt Ordinance 8654 amending Section 7-6-21, “Parking in Loading Zone Prohibited,” B.R.C. 1981 to implement the flexible loading zone component of the Curbside Management Implementation Guidebook; and setting forth related details. PRESENTERS Nuria Rivera-Vandermyde, City Manager Teresa Taylor Tate, City Attorney Janet Michels, Senior Counsel Valerie Watson, Interim Director of Transportation & Mobility Stephen Rijo, Transportation Planning Manager Chris Hagelin, Principal Planner Transportation & Mobility EXECUTIVE SUMMARY In June 2023, the Transportation Advisory Board (TAB), advised the city manager to use the Curbside Management Implementation Guidebook to manage operations at the curb. The guidebook provides curbside typologies and hierarchy of needs corresponding to typical residential and commercial areas of the city, the proactive and reactive catalysts of change to curbside uses, and flowcharts and cutsheets that outline standard operating procedures and practices for city staff to follow. As part of the implementation of these new curbside practices, city staff is seeking to update the Boulder Revised Code related to new rules for Flexible Loading Zones (FLZs). An FLZ is a 24/7 loading zone that can be used by a variety of users throughout Item 3F - Flexible Loading Zone Ordinance Update 2nd rdg Page 1 Packet Page 57 of 138 the day and is an adaptive response to changes in commerce and mobility. Results from a project piloting FLZs in downtown Boulder and University Hill showed that a large variety of users from food and beverage delivery in the morning, package delivery throughout the day and Transportation Network Companies (TNCs), like Uber or Lyft, in the evening. To improve the safety of passenger pick-up and drop-off and reduce traffic delay caused by TNCs stopping in travel lanes, staff worked with TNCs to make downtown and University Hill FLZs designated pick-up and drop-off areas. TNC drivers serving passengers who request a pick-up or drop-off in those areas must use these designated locations. In our traditional, time-restricted loading zones, the BRC limits passenger loading to three minutes. When staff transitions these traditional loading zones to FLZs and designated TNC pick-up and drop-off locations, the use of the zone will be limited to the time indicated on the sign. For FLZs that limit will be 15 minutes, which is based on results from the pilot project that tracked dwell times in the zones. This update to the Boulder Revised Code will also allow for enforcement of the FLZ time limitations. STAFF RECOMMENDATION COMMUNITY SUSTAINABILITY ASSESSMENTS AND IMPACTS • Economic – The transition from traditional time-restricted loading zones to Flexible Loading Zones (FLZs) signifies the city’s adaption to new ways in which commerce is conducted and goods and services are delivered with the increase use of package delivery and ride hailing services. • Environmental – More efficient use of public right-of-way and management of curbside demand should decrease traffic delay and unnecessary GHG emissions. • Social – More effective management of curbside demand will improve economic vitality and benefit all segments of our community. OTHER IMPACTS • Fiscal –If the proposed ordinance is adopted, the city will design and install new signage for public right-of-way spaces that will transition to flexible loading zones. • Staff time – Part of normal work plan Suggested Motion Language: Motion to adopt Ordinance 8654 amending Section 7-6-21, “Parking in Loading Zone Prohibited,” B.R.C. 1981 to implement the flexible loading zone component of the Curbside Management Implementation Guidebook; and setting forth related details. Item 3F - Flexible Loading Zone Ordinance Update 2nd rdg Page 2 Packet Page 58 of 138 RESPONSES TO QUESTIONS FROM COUNCIL AGENDA COMMITTEE None BOARD AND COMMISSION FEEDBACK At the June 2023, Transportation Advisory Board (TAB) meeting, a public hearing was held during which staff asked the board to advise the city manager (Traffic Engineer for the city) to use the Curbside Management Implementation Guidebook to manage curbside operations in the public right of way. Drafting and implementing this policy falls within the authority delegated to the city manager as traffic engineer to plan and direct the operation and parking of traffic on the streets of the city according to B.R.C. 1981, Section 2-2-11(a). One of the roles of TAB is to review and provide recommendations to the city manager concerning policy issues on operating programs, including without limitation, traffic engineering, parking, and alternative transportation. Motion passed unanimously by TAB: Motion to recommend that the city manager (as traffic engineer for the city) utilize the Curbside Management Implementation Guidebook to manage curbside operations in the public right-of-way as authorized by Section 2-2-11(a). PUBLIC FEEDBACK None BACKGROUND In 2021, the City of Boulder received a grant from DRCOG to update and refine curbside management policies and practices. The curb is a public resource with a growing number of new and competing demands on a limited supply. The curb functions as the connection point between transportation options, people, and goods and services. With the COVID pandemic and recent changes in technology, the way in which commerce is done has changed, and the city needs to adjust its policies and practices accordingly. Furthermore, curbside management policies and practices can contribute to achieving community goals for transportation and environmental sustainability by improving safety and economic vitality, reducing congestion, expanding multimodal options and access, and reducing greenhouse gas emissions. Staff, with support from the project’s consultant team, have developed the guidebook with input and feedback from the Transportation Advisory Board (TAB) and the Downtown Management, University Hill, and Boulder Junction Commissions. Staff also worked with the Access Allies, a community working group that provides feedback on Item 3F - Flexible Loading Zone Ordinance Update 2nd rdg Page 3 Packet Page 59 of 138 Access Management and Parking Strategies (AMPS) work program efforts, and an internal city working group representing all the city departments which will implement, monitor, evaluate and maintain curbside uses. Staff also employed the city’s racial equity tool to assess issues related to any institutional barriers that would negatively impact equity-focused communities and populations. ANALYSIS The Curbside Management Implementation Guidebook provides staff with the means to manage curbside uses and demands efficiently, effectively, and safely. The guidebook was created based on best practices, a review of existing conditions, input from commissions, boards, and the AMPS community working group, the Access Allies. Curbside Management Framework The guidebook is a living document as it will be updated and revised based on evaluation, data collection and analysis, and future needs. The guidebook is designed to help staff determine the right mix of curbside uses based on the area and demands. Within the guidebook, the Curbside Management Framework provides staff with a curbside menu of appropriate ways to designate the curb based on context and a glossary to define those uses. Two new curbside uses that were piloted as part of the project included FLZs and designated pick-up and drop-off locations for ride hailing services like Uber or Lyft. The benefit of introducing FLZs is that they are used by a variety of different users throughout the entire day to meet demand associated with changes in how commerce is conducted. Typically loading zones in the city have been restricted to specific times, such as between 7am to 10am before reverting to vehicle storage. During the pilot, FLZs were used throughout the day with food and beverage delivery in the morning, package delivery throughout the day, and ride-hailing services in the evening proving that short- term parking and loading is needed all day and night. Many of the FLZs created during the pilot also served as designated ride-hailing pick-up and drop-off locations to reduce unsafe loading practices and reduce traffic delay caused by vehicle stopping in travel lanes to pick-up or drop-off passengers. Question from Council from 1st Reading During the first reading, a councilmember asked if the city has anti-idling laws that could apply in flexible loading zones. Section 7-6-12, “Unattended Motor Vehicles,” B.R.C. 1981 prohibits a motor vehicle from being stopped unattended without the engine being stopped. That section does not apply to commercial delivery vehicles licensed as trucks by the Colorado Department of Revenue. The city does not have a code provision prohibiting an occupied vehicle from idling, but there is a state law that applies within the city limits. From the Colorado Revised Statutes: Item 3F - Flexible Loading Zone Ordinance Update 2nd rdg Page 4 Packet Page 60 of 138 Title 42. Vehicles and Traffic 42-14-105: (1) Standard. The owner or operator of a covered vehicle shall not cause or permit the vehicle to idle for more than five minutes within a sixty-minute period except as authorized by subsection (2) of this section. Subsection 2 lists a variety of exemptions related to health and safety, public safety or military vehicles, safety rest areas, and temperatures less than ten degrees. NEXT STEPS Following this proposed ordinance adoption, staff will manufacture and install the new signage and communicate the changes to the public, business community, TNCs, and other users of these FLZs. ATTACHMENT Attachment A – Proposed Ordinance 8654 Item 3F - Flexible Loading Zone Ordinance Update 2nd rdg Page 5 Packet Page 61 of 138 K:\TRAD\o-8654 2nd rdg Amending 7-6-21 to Implement Flexible Loading Zones-3532.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ORDINANCE 8654 AN ORDINANCE AMENDING SECTION 7-6-21, “PARKING IN LOADING ZONE PROHIBITED,” B.R.C. 1981 TO IMPLEMENT THE FLEXIBLE LOADING ZONE COMPONENT OF THE CURBSIDE MANAGEMENT IMPLEMENTATION GUIDEBOOK; AND SETTING FORTH RELATED DETAILS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER, COLORADO: Section 1. Section 7-6-21, “Parking in Loading Zone Prohibited,” B.R.C. 1981, is amended to read as follows: 7-6-21. Parking in Loading Zone Prohibited. (a) No vehicle shall be parked in a loading zone for any purpose or period of time except: (1) In a passenger loading zone, for the visible loading or unloading of passengers for a period indicated by a traffic control sign; or (2) In any other loading zone, for the visible unloading and delivery or pick-up and loading of property for a period not in any case to exceed thirty minutes, or such shorter time indicated by a traffic control sign, or loading or unloading of passengers for a period not in any case to exceed three minutes, or such period indicated by a traffic control sign. (b) All alleys in a district zoned BT, BC, BR, or I are a loading zone. On all other streets, traffic control signs indicate loading zones. Section 2. This ordinance is necessary to protect the public health, safety, and welfare of the residents of the city and covers matters of local concern. Section 3. The city council deems it appropriate that this ordinance be published by title only and orders that copies of this ordinance be made available in the office of the city clerk for public inspection and acquisition. Attachment A - Proposed Ordinance 8654 Item 3F - Flexible Loading Zone Ordinance Update 2nd rdg Page 6 Packet Page 62 of 138 K:\TRAD\o-8654 2nd rdg Amending 7-6-21 to Implement Flexible Loading Zones-3532.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY TITLE ONLY this 19th day of September 2024. ____________________________________ Aaron Brockett, Mayor Attest: ____________________________________ Elesha Johnson, City Clerk READ ON SECOND READING, PASSED AND ADOPTED this 3rd day of October 2024. ____________________________________ Aaron Brockett, Mayor Attest: ____________________________________ Elesha Johnson, City Clerk Attachment A - Proposed Ordinance 8654 Item 3F - Flexible Loading Zone Ordinance Update 2nd rdg Page 7 Packet Page 63 of 138 C OVE R SH E E T ME E T I N G D AT E October 3, 2024 AG E N D A I T E M C onsideration of the following items relating to the 2025 Budget: 1. Introduction, first reading, and consideration of a motion to order published by title only, Ordinance 8660 adopting a budget for the C ity of Boulder, C olorado, for the fiscal year commencing on the first day of J anuary 2025 and ending on the last day of December 2025; and setting forth related details; 2. Introduction, first reading, and consideration of a motion to order published by title only, Ordinance 8661 establishing the 2024 C ity of Boulder property tax mill levies which are to be collected by the C ounty of Boulder, State of Colorado, within the C ity of Boulder in 2025 for payment of expenditures by the City of Boulder, County of Boulder, State of C olorado; and setting forth related details; 3. Introduction, first reading, and consideration of a motion to order published by title only, Ordinance 8662 appropriating money to defray expenses and liabilities of the C ity of Boulder, C olorado, for the 2025 fiscal year of the City of Boulder, commencing on the first day of J anuary 2025 and ending on the last day of December 2025; and setting forth related details; and 4.Consideration of a motion to order published by title only, Ordinance 8656 amending Section 3-8-3, “Tax Imposed on Nonresidential and Residential Development,” Section 3-20- 2, “Imposition and Rate of Tax,” and Chapter 4-20, “Fees,” B.R.C . 1981, changing certain fees and taxes; and setting forth related details P RI MARY STAF F C ON TAC T C harlotte Huskey, Budget Officer RE Q U E ST E D AC T I ON O R MOT I ON L AN GU AG E 1. Motion to order published by title only, Ordinance 8660 adopting a budget for the City of Boulder, Colorado, for the fiscal year commencing on the first day of J anuary 2025 and ending on the last day of December 2025; and setting forth related details; and 2. Motion to order published by title only, Ordinance 8661 establishing the 2024 City of Packet Page 64 of 138 Boulder property tax mill levies which are to be collected by the County of Boulder, State of C olorado, within the City of Boulder in 2025 for payment of expenditures by the City of Boulder, County of Boulder, State of C olorado; and setting forth related details; and 3. Motion to order published by title only, Ordinance 8662 appropriating money to defray expenses and liabilities of the C ity of Boulder, C olorado, for the 2025 fiscal year of the City of Boulder, commencing on the first day of J anuary 2025 and ending on the last day of December 2025; and setting forth related details; and 4. Motion to introduce and order published by title only Ordinance 8656 amending Section 3- 8-3, “Tax Imposed on Nonresidential and Residential Development,” Section 3-20-2, “Imposition and Rate of Tax,” and Chapter 4-20, “Fees,” B.R.C . 1981, changing certain fees and taxes; and setting forth related details AT TAC H ME N T S: Description I tem 5A - 1st Rdg Ordinances related to the 2025 Budget I tem 5A - Addendum Memo Packet Page 65 of 138 CITY OF BOULDER CITY COUNCIL AGENDA ITEM MEETING DATE: October 3, 2024 AGENDA TITLE Consideration of the following items relating to the 2025 Budget: 1.Introduction, first reading, and consideration of a motion to order published by title only, Ordinance 8660, adopting a budget for the City of Boulder, Colorado, for the fiscal year commencing on the first day of January 2025 and ending on the last day of December 2025; and setting forth related details; 2.Introduction, first reading, and consideration of a motion to order published by title only, Ordinance 8661, establishing the 2024 City of Boulder property tax mill levies which are to be collected by the County of Boulder, State of Colorado, within the City of Boulder in 2025 for payment of expenditures by the City of Boulder, County of Boulder, State of Colorado; and setting forth related details; 3.Introduction, first reading, and consideration of a motion to order published by title only, Ordinance 8662, appropriating money to defray expenses and liabilities of the City of Boulder, Colorado, for the 2025 fiscal year of the City of Boulder, commencing on the first day of January 2025 and ending on the last day of December 2025; and setting forth related details; and 4.Introduction, first reading and consideration of a motion to order published by title only Ordinance 8656 amending Section 3-8-3, “Tax Imposed on Nonresidential and Residential Development,” Section 3-20-2, “Imposition and Rate of Tax”, and Chapter 4-20,“Fees,” B.R.C. 1981, Changing Certain Fees; and setting forth related details. PRESENTER(S) Nuria Rivera-Vandermyde, City Manager Kara Skinner, Chief Financial Officer Charlotte Huskey, Budget Officer Item 5A - 2025 Recommended Budget 1st Reading 1 Packet Page 66 of 138 EXECUTIVE SUMMARY This agenda item provides information for City Council consideration, regarding the first reading of the adoption of the 2025 budget and other related ordinances to appropriate city funds as presented in the 2025 Recommended Budget. The city manager released the 2025 Recommended Budget on August 30, 2024, in accordance with City Charter Section 93. The 2025 Recommended Budget is presented to Council and community as a measured and responsive approach to investing in our collective goals and priorities while maintaining current investments and core services. This year’s budget was created in a more constrained financial environment yet continues our commitments in many key areas across the community. The 2025 Recommended Budget includes strategic one-time investments and ongoing support to advance equity, safety, and livability initiatives. The total 2025 Recommended Budget is $589.5 million across all funds, including an Operating Budget of $399.3 million and Capital Budget of $190.2 million. The 2025 Recommended Operating Budget represents a 1.3% year-over-year increase when excluding debt service and internal service charges. The 2025-2030 Capital Improvement Program (CIP) includes $807.4 million in planned spending across the six years supporting over 200 capital projects. One major change included in the 2025 Operating Budget is a new Arts, Culture, and Heritage Fund. This fund was created with voter approval of ballot issue 2A on the November 2024 ballot. This issue asked voter approval to extend an expiring 0.15% sales and use tax with 50% newly dedicated to arts, culture, and heritage, and the other half continuing to support public safety, human services, and other general government purposes. The Recommended Budget represents crucial investments that support base cost increases such as internal services and planned debt service, as well as additional capital maintenance and infrastructure investments. This growth also represents additional investments in existing commitments and council priorities, particularly those around equity, safety, and livability. Some examples include: Increased investments for housing affordability to advance the development and rehabilitation of over 140 affordable housing units ($12.2 million) Significant one-time investments in capital maintenance needs to help the city maintain well its current infrastructure and service to the community ($4.3 million) Increased one-time funding for the Equity Office to support the creation of an Immigration Legal Defense Fund ($50,000), training and policy analysis focused on public safety and code enforcement activities ($50,000), and diagnostic cultural competency assessments ($50,000) Meaningful ongoing and one-time increases to human services-related community programs and rental assistance services ($515,000) Item 5A - 2025 Recommended Budget 1st Reading 2 Packet Page 67 of 138 $121,000 in investments in Community Wildfire Resilience with a two-year fixed-term project coordinator Continuation of $40,000 in one-time programmatic funding and a one-year renewal of a part-time support position for Community Connectors and inclusive engagement Key safety investments to support disaster management planning ($80,000), civilian police staffing advancing the Reimagine Policing efforts ($131,000), wellness programming and workforce development for Fire-Rescue staff ($350,000), and permanent enhancements to urban rangers staffing and the Safe & Managed Spaces Program ($515,300) In addition, the 2025-2030 CIP includes a total of $807.4 million in planned spending across the six years, which includes significant investments to advance capital projects, including the city’s largest affordable housing project to-date and a municipal campus at the Alpine-Balsam site, critical water and flood management projects, and several key Community, Culture, Resilience, and Safety (CCRS) tax projects, such as deep energy renovations at the East Boulder Community Center, development of Primos Park and Violet Bridge replacement project, Civic Area phase 2, Pearl Street Mall project, and Fire Stations #2 and #4 replacements. This budget was created in the final year of a three-year implementation of Budgeting for Resilience and Equity (BRE), which shifts the organization’s budgeting practice from incremental budget increases to instead focus on and highly consider the outcomes of our investments. For the 2025 Recommended Budget, the city is proud to have developed its first comprehensive inventory of program outcomes and measures across the organization in alignment with Boulder’s Sustainability, Equity and Resilience (SER) Framework. The BRE outcomes and measures can be found on the City of Boulder’s website and within the online 2025 Recommended Budget. While this year marks the third and final year of implementation, the city will continue to iterate, evaluate, and improve BRE each year during the annual budget development process. Additionally, the 2025 Recommended Budget builds upon community engagement efforts from the 2024 Budget by continuing to partner with the city’s Community Connectors-in-Residence and further expanding budget engagement to boards and commissions and community members through a citywide budget questionnaire. Most notably, Community Connectors reiterated their support for advancements in racial equity, housing affordability, financial stability, and economic opportunity. The citywide questionnaire input highlighted support for initiatives aligned to safety, livability, and healthy and socially thriving goal areas within the city’s SER Framework. Engagement efforts offered important additional perspectives on budget priorities, which were incorporated into decision-making for the 2025 Budget. Staff presented the 2025 Recommended Budget at the Sept. 12 Study Session. Council provided staff with feedback and several questions and clarifications. A summary of the Study Session is provided as Item 3A on the October 3, Consent Agenda. Staff also followed up on a number of questions through a September 19 Hotline post, included here as Attachment E. Additionally, staff requested council members to provide Item 5A - 2025 Recommended Budget 1st Reading 3 Packet Page 68 of 138 suggested changes to the 2025 Recommended Budget by Sept. 23. Staff received one submission via Hotline from Council Member Wallach. No additional proposals for changes from individual council members were received by the deadline to include within this memo. There are four ordinances for Council consideration relating to the 2025 Budget: 1. Budget adoption ordinance (Ordinance 8660) 2.Mill levy ordinance (Ordinance 8661) 3. Appropriations ordinance (Ordinance 8662) 4. Fee changes ordinance (Ordinance 8656) The Central Area General Improvement District (CAGID), the University Hill General Improvement District (UHGID), the Boulder Municipal Property Authority (BMPA), the Forest Glen Transit Pass General Improvement District, the Boulder Junction General Improvement District for Parking, and the Boulder Junction General Improvement District for Transportation Demand Management (TDM) budgets and appropriation are not included with these ordinances. Three resolutions for each special district, including budget adoption, mill levy, and appropriation resolutions, will be brought forward under separate agenda items on Oct. 17, 2024, coinciding with the second reading of the city budget. In addition, staff will also bring forward a separate agenda item on Oct. 17 for the Downtown Boulder Improvement District Operating Plan and Board Reappointments on behalf of the Downtown Boulder Partnership. Item 5A - 2025 Recommended Budget 1st Reading 4 Packet Page 69 of 138 STAFF RECOMMENDATION COUNCIL MEMBER PROPOSED BUDGET CHANGES Staff and the Financial Strategy Council Committee requested council members to provide suggested changes to the 2025 Recommended Budget by Sept. 23. Staff received one submission via Hotline from Council Member Wallach. No additional proposals for changes from individual council members were received by the deadline to include within this memo. Council Member Wallach “My budget request for 2025 is not actually a budget request for 2025. My primary funding concern is with respect to our Wildfire Resilience programs. The September 19 Hotline … has clearly outlined the extensive number of current programs being implemented across numerous departments to address Wildfire Resilience issues across Suggested Motion Language: Staff requests council consideration of this matter and action in the form of the following motions: 1.Motion to order published by title only, Ordinance 8660, adopting a budget for the City of Boulder, Colorado, for the fiscal year commencing on the first day of January 2025 and ending on the last day of December 2025; and setting forth related details; 2. Motion to order published by title only, Ordinance 8661, establishing the 2024 City of Boulder property tax mill levies which are to be collected by the County of Boulder, State of Colorado, within the City of Boulder in 2025 for payment of expenditures by the City of Boulder, County of Boulder, State of Colorado; and setting forth related details; 3. Motion to order published by title only, Ordinance 8662, appropriating money to defray expenses and liabilities of the City of Boulder, Colorado, for the 2025 fiscal year of the City of Boulder, commencing on the first day of January 2025 and ending on the last day of December 2025; and setting forth related details; and 4.Motion to introduce and order published by title only Ordinance 8656 amending Section 3-8-3, “Tax Imposed on Nonresidential and Residential Development”, Section 3-20-2, “Imposition and Rate of Tax,” and Chapter 4-20, “Fees,” B.R.C. 1981, Changing Certain Fees; and setting forth related details. Item 5A - 2025 Recommended Budget 1st Reading 5 Packet Page 70 of 138 the City in 2025. These efforts are substantial, and I am not sure that we are ready to stand up anything further for next year. However, my hope is that we can find additional CIP funds for 2026 for the purposes of creating more of the physical infrastructure needed to make Boulder more resilient to wildfires. Whether this consists of physical firebreaks, firebreaks created by planting more fire-resistant vegetation near the Wildlife Urban Interface, more extensive thinning of forests or more aggressive undergrounding of power lines, I will leave to the professionals. But we need to up the pace at which we make Boulder a more prote ted City, and if we are not ready to do so at even greater scale in 2025, I hope that we can by 2026. I also hope that we can find additional funds to substantially expand our grant program for residents who address conditions at their home, such as removing junipers. There are, of course, two reasons for this expanded effort to harden our community. The first, and most important, is to actually create a better physical environment in which wildfires can be fought and controlled, and people and their homes can be protected. The second is to be seen by insurance companies as aggressively acting to address Wildfire Resilience, so that there will be less incentive for them to drastically raise insurance rates, or, worst of all, to abandon this market entirely as too risky … I also hope that in 2025 we will turn our attention to some of the ordinance changes that might assist in hardening our most sensitive areas, such as prohibiting new planting of junipers in all substantial renovations or new construction, at least West of Broadway.” Reference Summary of Council Proposed Changes: Council Member Short Title/Description Type Fund/New Appropriation Amount Wallach Wildfire Resilience CIP funds, programming, operations for 2026 and wildfire resilience ordinance changes in 2025 Staff Direction N/A for 2025 ANALYSIS Council members raised several questions during the September 12 Study Session and many were responded to directly that evening. Staff responded to several questions via Hotline, which is summarized and included within Attachment E – 2025 Recommended Budget Study Session Council Follow-up. FEES AND TAXES As a part of the annual consideration of the budget, staff brings forward an ordinance (Ordinance 8656) to update certain fees and taxes that are codified within the Boulder Item 5A - 2025 Recommended Budget 1st Reading 6 Packet Page 71 of 138 Revised Code. The updated annual fees and taxes are limited to minor changes, clarifications, and adjustments, and are permitted within the Boulder Revised Code or by voter approved ballot measures. The fee and tax adjustments are reflected in budgeted revenues for the subsequent budget year and programmed in expenditures accordingly. Finance – Regulatory Licensing Staff is recommending one change to regulatory licensing fees to align with the 2024 CPI increase, ranging from 2.4% to 3.4% increase. This applies to Auction Licenses; Circus, Carnival, and Menagerie Licenses; Hemp Licenses; Itinerant Merchant Licenses; Secondhand Dealer and Pawnbroker Licenses; Mobile Food Vehicle Licenses; and Tobacco Licenses. Utilities Utility billing rate increases are evaluated annually as part of the budget process to ensure that projected revenues match proposed expenditures. Each utility (water, wastewater, and stormwater/flood management) operates as a self-supporting enterprise fund and assesses a variety of rates, charges, and fees to ensure revenues are sufficient to meet operating, maintenance and capital costs and to maintain the financial integrity of each utility. Revenues generated from customers’ monthly utility bills are the largest revenue source for each utility, accounting for 80 to 90 percent of total revenues. The monthly customer bill for water and wastewater services includes a quantity charge based on the volume of use and a fixed service charge based on meter size. Most of the costs associated with the water and wastewater utilities are fixed and the fixed portion of the bill helps support revenue stability and more equitable distribution of costs. The variable portion of the bill is intended to provide a price signal to incentivize efficient water use and helps cover the additional costs the city incurs related to peak demand periods. The 2025 recommended fees reflects the following billed rate increases: 8% Water, 6% Wastewater, and 5% Stormwater/Flood Management. Rate increases would result in a total increase of $10.89 to the average monthly utility bill for a typical single- family residential customer. Planning and Development Services Excise taxes and impact fees are one-time charges to fund capital improvements necessitated by new development, helping the city build new facilities, purchase equipment such as fire trucks, develop multi-modal transportation facilities, and support affordable housing. The maximum amount the city can charge as an excise tax is limited by the amounts approved by voters. For 2025, the recommended impact fees and the residential Transportation Excise Tax are adjusted by an inflationary factor, using the Engineering News Record cost index and the prior year’s Consumer Price Index. This results in a change between 5.2% to 6.5% for most fees paid by a typical project. Community Vitality Item 5A - 2025 Recommended Budget 1st Reading 7 Packet Page 72 of 138 Community Vitality sets a schedule of user fees to recover the cost of providing the Neighborhood Parking Program as well as mall permits and facilities on the Pearl Street Mall. The fees are based on what the public would pay for similar services from private enterprise. The department reviews all fees annually and uses the current Consumer Price Index (CPI) projections to increase fees for the parking permits and the Pearl Street Mall permit and fee program. In addition to the mall fees, the Community Vitality department sets fees for long-term parking permits in the Downtown garages and for Downtown and University Hill lots. Staff annually assesses the Downtown Commercial District (CAGID) and University Hill Commercial District (UHGID) long-term parking rates with private sector rates and adjusts in alignment with demand and the market. These rate changes also help CAGID and UHGID keep pace with rising expenses. For 2025, Downtown garage permits will remain at $165 per month, Downtown lots will increase to $100 per month (which is a change in unit from the 2024 fee of $287 per quarter, or about $95 per month), and all Neighborhood Parking Program and Mall permits will increase by 2025’s projected CPI of roughly 3.1% or a minimum of $0.50 to aid in the cost recovery of that program (and additionally, Commuter Neighborhood Parking Permits changed units from quarterly to monthly, which equals to about $38.33 per month in 2024 fees). In addition to this increase, a new permit will be issued for two- week guest visits at a cost of $5.00 per permit after the first two no-cost permits are issued. "No parking" sign costs increased by $0.10 per sign. Long Term Rental Excise Tax Boulder's voters approved a $75 rental license excise tax in November 2020 to support eviction prevention services for city of Boulder tenants. The tax generates roughly $1.4 million annually, funding the Eviction Prevention and Rental Assistance Services (EPRAS) program. EPRAS provides legal aid, rental assistance, and mediation services to help tenants facing eviction. Housing and Human Services staff are seeing increased demand for EPRAS services at the same time that COVID-related housing support programs are ending. Please refer to the September 19, 2024 Information Item for additional background and analysis. The ballot item included a provision that authorized council to increase the rate of tax annually by an amount not to exceed the “Colorado consumer price index or a similar index that is tied to the annual rate of inflation in the state or Denver metropolitan area.” (3-20-7, B.R.C., 1981). The proposed increase based on the Denver metro CPI is 5.2%, which would increase the tax from $75.00 per dwelling unit to $78.90 per dwelling unit in 3-20-2, B.R.C. 1981. This equals a $3.90 increase in the tax or just under $0.33 per dwelling unit per month. BOARD AND COMMISSION RECOMMENDATIONS Item 5A - 2025 Recommended Budget 1st Reading 8 Packet Page 73 of 138 While most boards and commissions do not have formal authority in review of the annual budget, staff uses the opportunity to share priorities and receive feedback as the annual budget is being developed. Many boards and commissions are charged with a general review of the budget and asked to submit annual recommendations to City Council based on either charter, code, or informal policy. The one exception is the Parks and Recreation Advisory Board which must favorably recommend the budget plan for the expenditures made from the Permanent Park & Recreation Fund. Staff has summarized relevant board or commission recommendations below. Boulder Arts Commission The Boulder Arts Commission unanimously, Commissioner Schmid absent, recommended approval of the 2025 Community Vitality proposed budget as it pertains to Arts, Culture, and Heritage at their August 28, 2024 meeting. Boulder Junction Access District Commissions The Boulder Junction Access District Commissions unanimously, Commissioners Cook and Pike absent, recommended approval of the 2025 Community Vitality Recommended Budget, including the 2025-2030 Capital Improvement Plan, at their July 24, 2024 meeting. However, the budget has undergone minor adjustments since the commission's initial recommendation. Downtown Management Commission The Downtown Management Commission unanimously, Commissioner Trees absent, recommended approval of the 2025 Community Vitality Recommended Budget, including the 2025-2030 Capital Improvement Plan, at their July 16, 2024 meeting. The Community Vitality Department budget with respect to the Downtown Area General Improvement District Fund has undergone minor adjustments since the commission's initial recommendation. Open Space Board of Trustees The Open Space Board of Trustees unanimously recommended both the 2025 – 2030 CIP and 2025 operating expenditures on August 14 after review at the May 8, June 12, and July 10 business meetings. Parks & Recreation Advisory Board The Parks & Recreation Board (PRAB) by a vote of 6-0 (with 1 member absent) approved the following two motions in support of the Parks and Recreation Department (BPR) 2025-2030 CIP at the July 22, 2024, meeting: 1) a motion to approve the 2025 recommended expenditures ($1,430,000) from the Permanent Parks & Recreation Fund to City Council for appropriation and 2) a motion to recommend the 2025-2030 Parks and Recreation Department Capital Improvement Program (CIP) to Planning Board and City Council for approval and appropriation. The PRAB also reviewed the department’s 2025 budget as submitted to Executive Budget Team at the July 22, 2024 meeting. By a vote of a vote of 6-0 (with 1 member Item 5A - 2025 Recommended Budget 1st Reading 9 Packet Page 74 of 138 absent) the PRAB recommended the 2025 proposed Parks and Recreation budget of $43.9M to City Council for approval and appropriation. Transportation Advisory Board The Transportation Advisory Board (TAB) recommended approval of the 2025-2030 Capital Improvement Program at their August 12, 2024, meeting. Planning Board At their September 3 meeting, Planning Board voted unanimously to recommend to the City Manager and City Council the recommended draft 2025-2030 Capital Improvement Program (CIP), including the list of CIP projects to undergo a Community and Environmental Assessment Process (CEAP), as identified in the staff memorandum. L. Kaplan made a motion seconded by M. McIntyre that for all CIP items associated with BDU that can be delayed without compromising airport or public safety, Planning Board recommends that staff delay implementation, including pursuing or accepting FAA grants, until the City’s litigation against the FAA has concluded and City Council or Boulder voters have provided direction on the future of the airport site. Motion passed unanimously. University Hill Commercial Area Management Commission The University Hill Commercial Area Management Commission unanimously recommended approval of the 2025 Community Vitality Recommended Budget, including the 2025-2030 Capital Improvement Plan, at their July 9, 2024 meeting. The City Manager’s 2025 Recommended Budget includes an adjustment to the Community Vitality Department budget with respect to the University Hill General Improvement District (GID) Fund since the commission's initial recommendation. Staff informed the Commission of these changes during their September 3 meeting and the Commission unanimously passed a motion to submit a letter to City Council supporting the University Hill Streetscape Improvements Project within the 2025 Capital Budget and recommends to hold harmless the University Hill GID Fund with General Fund support. Water Resources Advisory Board The preliminary 2025 Utilities budget and the 2025-2030 CIP was presented to the Water Resources Advisory Board (WRAB) with presentations at their May 20 and their June 17 meetings. The WRAB recommended approval of the 2025-2030 CIP Budget and utility rates at their July 15 meeting. The final motions included provisions to avoid a conflict- of-interest from one board member. NEXT STEPS Oct. 17, 2024 – Public hearing and second reading of the 2025 City of Boulder budget ordinances; General Improvement District budget resolutions and BMPA resolution. ATTACHMENT(S) Item 5A - 2025 Recommended Budget 1st Reading 10 Packet Page 75 of 138 Attachment A – Budget Adoption Ordinance 8660 Attachment B – Mill Levy Ordinance 8661 Attachment C – Appropriation Ordinance 8662 Attachment D – Taxes and Fees Ordinance 8656 Attachment E – Staff Sept. 19th Hotline Recommended Budget Study Session Response to City Council Attachment F – University Hill Commercial Area Management Commission Letter to City Council Item 5A - 2025 Recommended Budget 1st Reading 11 Packet Page 76 of 138 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ORDINANCE 8660 AN ORDINANCE ADOPTING A BUDGET FOR THE CITY OF BOULDER, COLORADO, FOR FISCAL YEAR 2025; AND SETTING FORTH RELATED DETAILS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER, COLORADO: Section 1. That estimated expenditures for fiscal year 2025 are as follows (excludes carryover and the General Improvement Districts): General Fund $ 210,855,819 Governmental Capital 54,599,286 .25 Cent Sales Tax Fund 12,786,764 Affordable Housing Fund 23,126,268 Airport Fund 1,527,807 Arts, Culture, Heritage Fund 2,778,101 Boulder Junction Improvement Fund 500,000 Capital Development Fund 4,922,805 Climate Tax Fund 9,599,919 Community, Culture, Resilience & Safety Tax Fund 17,171,419 Community Development Block Grant Fund 1,832,990 Community Housing Assistance Program Fund 6,554,163 Compensated Absences Fund 996,724 Dental Self-Insurance Fund 1,230,684 ATTACHMENT A - ORD 8660 Item 5A - 2025 Recommended Budget 1st Reading 12 Packet Page 77 of 138 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Enterprise Technology Fund (Formerly Computer Replacement Fund) 9,243,142 Equipment Replacement Fund 3,517,897 Eviction Prevention & Rental Assistance Fund 1,461,809 Facility Renovation and Replacement Fund 6,448,970 Fleet Operations and Replacement Fund 18,307,448 HOME Investment Partnership Grant Fund 3,306,016 Lottery Fund 2,348,000 Medical Self-Insurance Fund 18,555,804 Open Space Fund 41,421,863 Permanent Park and Recreation Fund 3,387,214 Planning and Development Services Fund 15,715,994 Property and Casualty Insurance Fund 7,119,531 Recreation Activity Fund 14,922,277 Stormwater/Flood Management Utility Fund 25,903,699 Sugar-Sweetened Beverage Distribution Tax Fund 4,437,503 Telecommunications Fund 928,310 Transportation Fund 59,577,040 Transportation Development Fund 2,338,799 Wastewater Utility Fund 41,931,878 Water Utility Fund 65,995,748 Workers Compensation Insurance Fund 3,895,139 TOTAL $ 699,246,830 ATTACHMENT A - ORD 8660 Item 5A - 2025 Recommended Budget 1st Reading 13 Packet Page 78 of 138 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Section 2. That the proposed budget as submitted with the expenditures as summarized above be adopted as the budget of the City of Boulder, Colorado, for the 2025 fiscal year. Section 3. This ordinance is necessary to protect the public health, safety, and welfare of the residents of the city and covers matters of local concern. Section 4. The City Council deems it appropriate that this ordinance be published by title only and orders that copies of this ordinance be made available in the office of the city clerk for public inspection and acquisition. INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY TITLE ONLY this 3rd day of October 2024. ______________________________ Aaron Brockett, Mayor Attest: ____________________________________ Elesha Johnson, City Clerk ATTACHMENT A - ORD 8660 Item 5A - 2025 Recommended Budget 1st Reading 14 Packet Page 79 of 138 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 READ ON SECOND READING, PASSED AND ADOPTED, this 17th day of October 2024. ______________________________ Aaron Brockett, Mayor Attest: _________________________________ Elesha Johnson, City Clerk ATTACHMENT A - ORD 8660 Item 5A - 2025 Recommended Budget 1st Reading 15 Packet Page 80 of 138 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ORDINANCE 8661 AN ORDINANCE ESTABLISHING THE CITY OF BOULDER PROPERTY TAX MILL LEVIES FOR 2024; PROVIDING THAT SAID LEVY BE CERTIFIED TO THE BOULDER COUNTY ASSESSOR; AND SETTING FORTH RELATED DETAILS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER, COLORADO: Section 1. In accordance with Section 94 of the Boulder Home Rule Charter, there is hereby levied for the year of 2024 to be collected in 2025 a tax of 11.648 mills upon each dollar of the total assessed valuation of all taxable property within the City of Boulder, Colorado. The levy includes the following components: GENERAL CITY OPERATIONS 7.948 GENERAL CITY OPERATIONS (PUBLIC SAFETY) 2.000 COMMUNITY HOUSING ASSITANCE PROGRAM .800 PERMANENT PARK & RECREATION FUND (Charter Sec. 161) .900 NET MILL LEVY 11.648 Section 2. This ordinance is necessary to protect the public health, safety, and welfare of the residents of the city and covers matters of local concern. Section 3. Pursuant to Section 18 of the Charter of the City of Boulder, this ordinance shall take effect immediately upon publication after final passage. ATTACHMENT B - ORD 8661 Item 5A - 2025 Recommended Budget 1st Reading 16 Packet Page 81 of 138 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Section 4. The City Council deems it appropriate that this ordinance be published by title only and orders that copies of this ordinance be made available in the office of the city clerk for public inspection and acquisition. INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY TITLE ONLY this 3rd day of October 2024. ____________________________________ Aaron Brockett, Mayor Attest: ____________________________________ Elesha Johnson, City Clerk READ ON SECOND READING, PASSED AND ADOPTED, this 17th day of October 2024. ____________________________________ Aaron Brockett, Mayor Attest: ____________________________________ Elesha Johnson, City Clerk ATTACHMENT B - ORD 8661 Item 5A - 2025 Recommended Budget 1st Reading 17 Packet Page 82 of 138 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ORDINANCE 8662 AN ORDINANCE APPROPRIATING MONEY TO DEFRAY EXPENSES AND LIABILITIES OF THE CITY OF BOULDER, COLORADO, FOR THE 2025 FISCAL YEAR OF THE CITY OF BOULDER; AND SETTING FORTH RELATED DETAILS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER, COLORADO: Section 1. The following appropriations are made for the City of Boulder’s 2025 fiscal year for payment of 2025 city operating expenses, capital improvements, and general obligation and interest payments: General Fund $ 210,855,819 Governmental Capital 54,599,286 .25 Cent Sales Tax Fund 12,786,764 Affordable Housing Fund 23,126,268 Airport Fund 1,527,807 Arts, Culture, Heritage Fund 2,778,101 Boulder Junction Improvement Fund 500,000 Capital Development Fund 4,922,805 Climate Tax Fund 9,599,919 Community, Culture, Resilience & Safety Tax Fund 17,171,419 Community Development Block Grant Fund 1,832,990 Community Housing Assistance Program Fund 6,554,163 Compensated Absences Fund 996,724 ATTACHMENT C - ORD 8662 Item 5A - 2025 Recommended Budget 1st Reading 18 Packet Page 83 of 138 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Dental Self Insurance Fund 1,230,684 Enterprise Technology Fund 9,243,142 Equipment Replacement Fund 3,517,897 Eviction Prevention & Rental Assistance Fund 1,461,809 Facility Renovation and Replacement Fund 6,448,970 Fleet Operations and Replacement Fund 18,307,448 HOME Investment Partnership Grant Fund 3,306,016 Lottery Fund 2,348,000 Medical Self-Insurance Fund 18,555,804 Open Space Fund 41,421,863 Permanent Park and Recreation Fund 3,387,214 Planning and Development Services Fund 15,715,994 Property and Casualty Insurance Fund 7,119,531 Recreation Activity Fund 14,922,277 Stormwater/Flood Management Utility Fund 25,903,699 Sugar-Sweetened Beverage Distribution Tax Fund 4,437,503 Telecommunications Fund 928,310 Transportation Fund 59,577,040 Transportation Development Fund 2,338,799 Wastewater Utility Fund 41,931,878 Water Utility Fund 65,995,748 Worker’s Compensation Insurance Fund 3,895,139 TOTAL $ 699,246,830 ATTACHMENT C - ORD 8662 Item 5A - 2025 Recommended Budget 1st Reading 19 Packet Page 84 of 138 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Section 2. Appropriations for individual capital projects or encumbrances or any grant- funded projects in the above-mentioned funds for fiscal year 2025 shall not lapse at year end but continue until the project is completed or cancelled. Section 3. The council may transfer unused balances appropriated for one purpose to another purpose. Section 4. These appropriations are necessary for the protection of the public peace, property, and welfare of the residents of the city and cover matters of local concern. Section 5. Pursuant to Section 18 of the Boulder City Charter, this ordinance shall take effect immediately upon publication after final passage. Section 6. The City Council deems it appropriate that this ordinance be published by title only and orders that copies of this ordinance be made available in the office of the city clerk for public inspection and acquisition. INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY TITLE ONLY this 3rd day of October 2024. ______________________________ Aaron Brockett, Mayor Attest: ____________________________________ Elesha Johnson, City Clerk READ ON SECOND READING, PASSED AND ADOPTED, this 17th day of October 2024. ATTACHMENT C - ORD 8662 Item 5A - 2025 Recommended Budget 1st Reading 20 Packet Page 85 of 138 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ______________________________ Aaron Brockett, Mayor Attest: _________________________________ Elesha Johnson, City Clerk ATTACHMENT C - ORD 8662 Item 5A - 2025 Recommended Budget 1st Reading 21 Packet Page 86 of 138 K:\BDAD\o-8656 2025 Annual Fees-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ORDINANCE 8656 AN ORDINANCE AMENDING SECTION 3-8-3, “TAX IMPOSED ON NONRESIDENTIAL AND RESIDENTIAL DEVELOPMENT,” SECTION 3-20-2, “IMPOSITION AND RATE OF TAX,” AND CHAPTER 4-20, “FEES,” B.R.C. 1981, CHANGING CERTAIN FEES AND TAXES; AND SETTING FORTH RELATED DETAILS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER, COLORADO: Section 1. Section 3-8-3, “Tax Imposed on Nonresidential and Residential Development,” B.R.C. 1981, is amended to read as follows: 3-8-3. - Tax Imposed on Nonresidential and Residential Development. (a) Tax Rate: No person engaged in nonresidential or residential development in the city shall fail to pay a development excise tax thereon according to the following rates: (1) For new or additional floor area for nonresidential development per square foot of floor area: Transportation $2.48 (2) For new detached dwelling unit: Transportation $4,690.21 $4,458,37 (3) For new attached dwelling unit or mobile home: Transportation $3,402.82 $3,234.62 … Section 2. Based on the authority granted in Section 3-20-7, “Tax Increase,” B.R.C. 1981, Section 3-20-2, “Imposition and Rate of Tax,” B.R.C. 1981, is amended to read as follows: ATTACHMENT D - ORD 8656 Item 5A - 2025 Recommended Budget 1st Reading 22 Packet Page 87 of 138 K:\BDAD\o-8656 2025 Annual Fees-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3-20-2. Imposition and Rate of Rental License Excise Tax. There is levied and shall be paid and collected an excise tax of $78.90 $75 per year for each dwelling unit that is required tgo get a rental license by the city, unless it is exempt from the tax by Section 3-20-5, B.R.C. 1981. Section 3. Chapter 4-20, “Fees,” B.R.C. 1981, is amended to read as follows: 4-20-2. Alcohol and Fermented Malt Beverage License and Application Fees. (a) The applicant for a malt, vinous or spirituous liquor license shall pay the appropriate application fee, as follows: Application Fee (1) New license $1,000 (2) Transfer of ownership or change of location of license 750 (3) License renewal 100 (4) Late application fee for expired license 500 (5) Special event: 100 (6) Temporary permit for transfer of ownership 100 (7) Bed and breakfast permit 25 (8) Duplicate license 50 (9) Trade name/corporation name change 50 (10) Temporary modification of premises 50 (11) Permanent modification of premises 100 (12) Five-hundred-foot measurement for liquor license application 50 (13) Tasting permit 50 (14) License conversion for tavern licenses (valid until August 10, 2017) 75 (b) Each applicant for a hotel and restaurant license shall pay a manager registration fee of $30 $75 to the cCity. (c) Each applicant for a fermented malt beverage license shall pay the appropriate application fee, as follows: Application Fee (1) New license $1,000 (2) Transfer of ownership or change of location of license 750 (3) License renewal 100 (4) Late applications fee for expired license 500 (5) Special event: 100 Under 250 persons 50 Over 250 persons 100 ATTACHMENT D - ORD 8656 Item 5A - 2025 Recommended Budget 1st Reading 23 Packet Page 88 of 138 K:\BDAD\o-8656 2025 Annual Fees-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (6) Temporary permit for transfer of ownership 100 … 4-20-3. Auctioneer License Fees. An applicant for an auctioneer license shall pay the following fees at time of application: (1) an application fee of $25, (2) an annual license fee of $84.50$82, and (3) a $7 per person fee submitted for background check review. Application fees are non-refundable. License fees are refundable if an application is denied or withdrawn. 4-20-4. Building Contractor License, Building Permit Fees, and Payment of Estimated Use Tax. (a) An applicant for a building contractor license shall pay the following annual fee according to the type of license requested: … (d) The value of the work covered by the permit shall be determined by either the City of Boulder Valuation Table or the estimated value of the work covered by the permit provided by the applicant at time of application. The higher of the two valuations shall be used to calculate the building permit fees and the estimated pre-payment of construction use tax if the applicant chooses to pay use taxes pursuant to Subsection 3-2-14(a), "Methods of Paying Sales and Use Tax," B.R.C. 1981. (1) City of Boulder Valuation Table means a table of per square foot construction values based on type of construction and use. The city has adopted the August 2024 2023 version of the cost data as published by the International Code Council. The table rates are for new construction which includes additions. All other scopes of work are expressed as a percentage of the new rates as follows: … 4-20-5. Circus, Carnival, and Menagerie License Fees. An applicant for a circus, carnival, and menagerie license shall pay the following fees at time of application: (1) an application fee of $50, and (2) a license fee of $515 $500 per day of operation. Application fees are non-refundable. License fees are refundable if an application is denied or withdrawn. 4-20-10. Itinerant Merchant License Fee. An applicant for an itinerant merchant license shall pay the following fees at time of application: (1) an application fee of $25.00, (2) a license fee of $49.50 $48.00 per 12-month period, and (3) a $7 per person fee submitted for background check review. Application fees are non-refundable. License fees are refundable if an application is denied or withdrawn. ATTACHMENT D - ORD 8656 Item 5A - 2025 Recommended Budget 1st Reading 24 Packet Page 89 of 138 K:\BDAD\o-8656 2025 Annual Fees-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4-20-11. Mall License and Permit Fees. The following fees shall be paid before issuance of a revocable permit or lease, kiosk, mobile vending cart, ambulatory vendor, entertainment vending, personal services vending, or animal permit, and rental of advertising space on informational kiosks: (a) For revocable permit or leases issued in accordance with Section 8-6-6, "Requirements for Revocable Permits, Short-Term Leases and Long-Term Leases," B.R.C. 1981, an annual fee of $21.15$20.10 per square foot of occupied space; (b) For kiosk permits, an annual fee to be negotiated by contract with the city manager; (c) For mobile vending carts, $2,610.00 $2,534.00 per year, payable in two equal payments by April 1 and August 1, or, for substitution or other permits which begin later in the year and are prorated, within thirty days of permit approval; (d) For ambulatory vendor permits, $132.00 $128.00 per month from May through September, and $67.00 $65.00 per month from October through April; (e) For any permits requiring use of utilities to be provided by the city, up to a maximum of $22.75 $22.00 per day; (f) For rental of advertising space on informational kiosks, $1,055.00 $1,026.00 per quarter section per year; (g) For animal permits, $0 per permit; (h) For entertainment vending permits, $17.00 $16.50 per month; (i) For personal services vending permits, $132.00 $128.00 per month from May through September, and $67.00 $65.00 from October through April; and (j) For a newspaper vending machine permit, $68.50 $66.50 per year. 4-20-17. Secondhand Dealer and Pawnbroker License Fee. (a) An applicant for a secondhand dealer license shall pay the following fees at time of application: (1) an application fee of $50.00, (2) a license fee of $98.00 $95.00 per 12- month period, and (3) a $7 per person fee submitted for background check review. Application fees are non-refundable. License fees are refundable if an application is denied or withdrawn. (b) An applicant for a pawnbroker license shall pay the following fees at time of application: (1) an application fee of $50.00, (2) a license fee of $98.00 $95.00 per 12-month period, and (3) a $7 per person fee submitted for background check review. Application fees are non-refundable. License fees are refundable if an application if denied or withdrawn. (c) The license fees for a new license prescribed in Subsections (a) and (b) of this section shall be prorated on a monthly basis.  4-20-20. Revocable Right of Way Permit/Lease Application Fee. … ATTACHMENT D - ORD 8656 Item 5A - 2025 Recommended Budget 1st Reading 25 Packet Page 90 of 138 K:\BDAD\o-8656 2025 Annual Fees-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (d) An applicant for an encroachment off the mall shall pay an annual fee of $14.80 $14.07 per square foot of leased area. (e) An applicant for a monitoring well encroachment shall pay $530 per well per year. (f) An applicant for a residential encroachment shall pay an annual fee of $100. (g) An applicant for an encroachment for a telecommunication conduit crossing as set forth in Subsection 8-6-6(j), "Leases for Point-to-Point Telecommunication Conduit Crossings," B.R.C. 1981, shall pay $21.20 $20.15 per lineal foot of the conduit crossing per year. … 4-20-23. Water Permit Fees. An applicant for a water permit under Sections 11-1-14, "Permit to Make Water Main Connections," 11-1-15, "Out of City Water Service," or 11-1-16, "Permit to Sell Water," B.R.C. 1981, or for water meter installation under Section 11-1-36, "Location and Installation of Meters; Maintenance of Access to Meters," B.R.C. 1981, or for testing or inspection of backflow prevention assemblies under Section 11-1-25, "Duty to Maintain Backflow Prevention Assembly and Prevent Cross-Connection," B.R.C. 1981, and for inspection for cross-connections under Section 11-1-25, "Duty to Maintain Backflow Prevention Assembly and Prevent Cross- Connection," B.R.C. 1981, shall pay the following fees: … (d) Water meter installation fee: (1) ¾Ǝ meter $537 $438 (2) 1Ǝ meter $683 476 (3) 1½Ǝ meter (domestic) $1,119 918 (4) 1½Ǝ meter (sprinkler) $1,119 918 (5) 2Ǝ meter (domestic) $1,475 1,108 (6) 2Ǝ meter (sprinkler) $1,475.00 1,108 (7) 3" meter (sprinkler) $2,362 2,266 (8) 3Ǝ meter (domestic) $2,362 2,266 (9) 4" meter (sprinkler) $3,013 2,692 (10) 4Ǝ meter (domestic) $3,013 2,692 (11) Install¾Ǝ meter transponder $232 222 (12) Install 1Ǝ meter transponder $232 222 (13) Install 1½Ǝ meter transponder $315 295 (14) Install 2Ǝ meter transponder (domestic) $315 295 (15) Call back for ¾Ǝ and 1Ǝ $99 88 ATTACHMENT D - ORD 8656 Item 5A - 2025 Recommended Budget 1st Reading 26 Packet Page 91 of 138 K:\BDAD\o-8656 2025 Annual Fees-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (16) Call back for 1½Ǝ and 2Ǝ $182 161 Sales tax is due on materials portion of installation. (e) Tap fee: (1) ¾Ǝ in DIP or CIP $237 $198 (2) ¾Ǝ in AC or PVC $237 198 … (10) 12Ǝ $1,133 884 (11) Call back for installing a water tap $312 … 4-20-24. Water Service Fees. A person shall pay the following charges for water services: (a) To terminate water service $55 $50 (b) To deliver water service termination notice $29 27 (c) To remove water meter $105 (d) To reset water meter $97 87 (e) To resume water service $58 53 (f) To resume water service after 3:00 p.m. or on weekends or holidays $128 121 (g) Special meter read $55 50 (h) To test meter and meter tests accurate $50 4-20-25. Monthly Water User Charges. (a) Treated water monthly service charges: Meter Size Inside City Outside City ¾Ǝ $19.92 $18.44 $29.88 $27.66 1Ǝ $33.55 $31.06 $50.31 $46.58 1½Ǝ $72.21 $66.86 $108.30 $100.28 2Ǝ $126.47 $117.11 $189.71 $175.66 3Ǝ $281.35 $260.51 $422.03 $390.77 4Ǝ $498.18 $461.28 $747.27 $691.92 ATTACHMENT D - ORD 8656 Item 5A - 2025 Recommended Budget 1st Reading 27 Packet Page 92 of 138 K:\BDAD\o-8656 2025 Annual Fees-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 6Ǝ $1,117.92 $1,035.11 $1,676.88 $1,552.67 8Ǝ $1,984.21 $1,837.23 $2,976.33 $2,755.86 Hydrant Meter $204.47 $189.32 $306.71 $283.99 (b) Treated water quantity charges: (1) Block Rate Structure: Block Rates (per thousand gallons of water) Block Size (% of monthly water budget) Block 1 $5.23 $4.84 0—60% Block 2 $6.97 $6.45 61—100% Block 3 $13.94 $12.90 101—150% Block 4 $20.91 $19.35 151—200% Block 5 $34.85 $32.25 Greater than 200% … 4-20-26. Water Plant Investment Fees. (a) Water utility customers shall pay the following plant investment fees: The number of bedrooms, type of units, number of units, irrigated area, and AWC Usage** are used to determine water budgets as well as calculate the Plant Investment Fee. Any changes to these characteristics may require payment of an additional Plant Investment Fee before any water budget adjustments are made. (b) Customer Description PIF Amount. (1) Single Unit Dwelling: Type Amount of Square Feet of Irrigable Area Application Rate Outdoor [per S.F. of irrigated area (2,000 S.F. minimum)] First 5,000 square feet of irrigable area 15 gallons per square feet (gpsf) $3.53 $3.31 Next 9,000 square feet of irrigable area 12 gpsf $2.94 $2.76 Irrigable area in excess of 14,000 square feet 10 gpsf $2.36 $2.22 Indoor $12,957 $12,167 ATTACHMENT D - ORD 8656 Item 5A - 2025 Recommended Budget 1st Reading 28 Packet Page 93 of 138 K:\BDAD\o-8656 2025 Annual Fees-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (2) Multi Unit Dwelling: Outdoor (Separate irrigation service under Paragraph (4) of this section). Indoor 1 or 2 bedroom unit (per unit) $8,639 $8,111 3 bedroom unit (per unit) $10,798 $10,139 4 bedroom unit (per unit) $12,957 $12,167 5 or more bedroom unit (per unit) $15,116 $14,193 (3) Nonresidential: Outdoor (Separate irrigation service under Paragraph (4) of this section). … PIF Amount Meter size* 25% 50% 85% ¾Ǝ N/A $5,400 $5,070 $29,691 $27,879 1Ǝ $7,561 $7,100 $19,434 $18,248 $90,517 $84,992 1½Ǝ $17,814 $16,726 $41,029 $38,525 $166,277 $156,129 2Ǝ $32,931 $30,922 $86,919 $81,614 $349,288 $327, 970 Water usage other than that listed above may be evaluated and assessed a proportional PIF on a case by casecase-by-case basis. *Nonresidential meters larger than 2 inches require a special agreement described under Paragraph (5) of this section. The efficiency standard option with a corresponding special agreement is available to all nonresidential customers. **Average Winter Consumption Usage (AWC Usage), is based on a usage distribution of all nonresidential accounts with a given meter size. "N/A" means this option is not available for purchase. (4) Irrigation service: Usage Application Rate PIF Amount Per S.F. of irrigated area (2,000 S.F. minimum) 15 gallons per square feet (gpsf) $3.53 $3.31 ATTACHMENT D - ORD 8656 Item 5A - 2025 Recommended Budget 1st Reading 29 Packet Page 94 of 138 K:\BDAD\o-8656 2025 Annual Fees-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 … Water Asset Valuations A $488,029,762 $458,243,908 B $1,085,765,467 $1,019,498,091 4-20-27. Wastewater Permit Fees. An applicant for a wastewater tap or permit under Section 11-2-8, "When Connections With Sanitary Sewer Mains Required," or 11-2-9, "Permit to Make Sanitary Sewer Connection," B.R.C. 1981, shall pay the following fees: … (c) Sewer tap fee: (1) 4Ǝ PVC and VCP $238 $222 (2) 4Ǝ RCP $430 (3) 6Ǝ PVC and VCP $295 $222 (4) 6Ǝ RCP $430 (5) Manhole tap $961 $893 (6) Call back for installing a sewer tap $238 $222 Sales tax is due on materials portion of installation. 4-20-28. Monthly Wastewater User Charges. (a) Monthly service charge: Meter Size Inside City Outside City ¾Ǝ $16.23 $15.32 $24.35 $22.98 1Ǝ $28.45 $26.84 $42.68 $40.27 1½Ǝ $64.92 $61.25 $97.39 $91.88 2Ǝ $114.45 $107.97 $171.67 $161.96 3Ǝ $257.24 $242.68 $385.87 $364.03 4Ǝ $457.81 $431.89 $686.71 $647.85 ATTACHMENT D - ORD 8656 Item 5A - 2025 Recommended Budget 1st Reading 30 Packet Page 95 of 138 K:\BDAD\o-8656 2025 Annual Fees-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 6Ǝ $1,030.05 $971.75 $1,545.07 $1,457.62 8Ǝ $1,831.22 $1,727.56 $2,746.82 $2,591.34 (b) Quantity charge: (1) Average strength sewage (as defined in Section 11-3-3, B.R.C. 1981): Quantity Inside City Per 1,000 gallons of billable usage $8.36 $7.88 $12.53 $11.82 (2) Excess Strength Sewage Charge. In addition to the quantity charge for average strength sewage, fees will be charged for excess strength sewage based on the following: Strength Exceeding (mg/l) Fee per 1,000 lbs. of discharge TSS (Total Suspended Solids) 300 $226 $212 COD (Chemical Oxygen Demand) 700 $143 $134 TP (Total Phosphorus as P) 8 $6,753 $6,341 TKN (Total Kjeldahl Nitrogen) 55 $1,703 $1,599 ffCOD/COD Ratio (floc-filtered COD) >80% Waive COD fee … 4-20-29. Wastewater Plant Investment Fees. (a) Sanitary sewer utility customers shall pay the following plant investment fees: Customer Description (1) Single Unit Dwelling: PIF Amount $5,055 $4,746 (2) Multi Unit Dwelling: ATTACHMENT D - ORD 8656 Item 5A - 2025 Recommended Budget 1st Reading 31 Packet Page 96 of 138 K:\BDAD\o-8656 2025 Annual Fees-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Description PIF Amount 1 or 2 bedroom unit (per unit) $3,369 $3,163 3 bedroom unit (per unit) $3,853 $3,617 4 bedroom unit (per unit) $5,055 $4,746 5 or more bedroom unit (per unit) $5,896 $5,536 (3) Nonresidential: … PIF Amount ($) Meter size* 25% 50% 85% ¾Ǝ N/A $2,106 $1,977 $11,581 $10,874 1Ǝ $2,947 $2,767 $7,606 $7,141 $35,306 $33,151 1½Ǝ $6,950 $6,526 $16,004 $15,027 $64,858 $60,900 2Ǝ $12,846 $12,062 $33,902 $31,833 $136,242 $127, 927 * Nonresidential meters larger than 2 inches require a special agreement described under Paragraph (4) of this section. The efficiency standard option with a corresponding special agreement is available to all nonresidential customers. ** Average Winter Consumption Usage (AWC Usage) is based on a usage distribution of all nonresidential accounts with a given meter size. "N/A" means this option is not available for purchase. … Wastewater Asset Valuations A $338,773,811 $318,097,475 B $37,308,378 $35,031,341 C $6,567,644 $6,166,801 ATTACHMENT D - ORD 8656 Item 5A - 2025 Recommended Budget 1st Reading 32 Packet Page 97 of 138 K:\BDAD\o-8656 2025 Annual Fees-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 D $15,048,667 $14,130,204 4-20-31. Wastewater Classification Survey Filing Fee and Industrial and Groundwater Discharge Permit Fees and Charges. (a) Applicants for an industrial discharge permit shall pay the following permit fees: (1) Flow: Gallons per Day Annual Fee 0 $100 0—100 $ 500 101— 10,000 $4,677 4,392 10,001— 25,000 $6,604 6,201 Over 25,000 $8,324 7,816 … 4-20-35. Parking Payment Apparatus Meter Hood Permit Fees and Deposit. (a) An applicant for a parking payment apparatus meter hood or dash permit shall pay a fee calculated as follows for a daily, weekly, monthly, or annual permit: (1) Daily: The maximum hourly paid parking street meter rate anywhere in the city is multiplied by the maximum number of hours any parking payment apparatus or technology street meter is in operation. (2) Weekly: The daily rate times the maximum number of days any parking payment apparatus or technology street meter is in operation. (3) Monthly: The weekly rate times four. (4) Annual: The weekly rate times fifty-two. (b) An applicant for a parking payment apparatus meter hood permit shall pay a deposit of $50 per hood or sign, refundable if the hood is returned in substantially the same condition of its issue within five business days after expiration of the permit. 4-20-43. Development Application Fees. (a) Subdivision fees: … ATTACHMENT D - ORD 8656 Item 5A - 2025 Recommended Budget 1st Reading 33 Packet Page 98 of 138 K:\BDAD\o-8656 2025 Annual Fees-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (b) Land use regulation fees: … (28) Development related fees:  An applicant requesting a zoning verification letter shall pay…$136 An applicant for a development extension/staff approval review shall pay…$136 An applicant for a development extension/planning board approval shall pay an administrative fee of $1,580 plus review fee of…$393 An applicant requesting to rescind a development agreement shall pay…$547 An applicant for an administrative relief/transportation/parking shall pay…$274 … 4-20-45. Stormwater and Flood Management Fees. (a) Owners of detached residences and attached single unit metered residences in the city shall pay the following monthly storm water and flood management fees: Size of Parcel (1) Up to 15,000 sq. ft. $28.46 $27.11 (2) 15,000—30,000 sq. ft. $34.43 32.79 (3) 30,001 sq. ft. and over $40.42 38.50 (b) The owners of all other parcels of land in the city on which any improvement has been constructed shall pay a storm water and flood management fee based on: (1) $4.56 $4.35 fixed monthly billing charge, and (2) $0.01042 $0.00992 per square foot of impervious area. If the calculation results in a fee less than the monthly rate in Paragraph (a)(1) of this section, then the fee specified in Paragraph (a)(1) of this section will be assessed. 4-20-46. Stormwater and Flood Management Utility Plant Investment Fee. Owners of all parcels of land in the city submitting building permit applications shall pay a stormwater and flood management plant investment fee based on the square feet of added impervious area. However, if new stormwater detention facilities are built by the owner according to the most current City of Boulder Design and Construction Standards in effect at the time the building permit application is submitted, on or after April 2, 2009, the applicable fee shall be reduced by fifty percent. ATTACHMENT D - ORD 8656 Item 5A - 2025 Recommended Budget 1st Reading 34 Packet Page 99 of 138 K:\BDAD\o-8656 2025 Annual Fees-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PIF Amount (Per Square Foot of Impervious Area) $2.71 $2.55 4-20-49. Neighborhood Parking Permit Fee. (a) A zone resident applying for a neighborhood parking permit shall pay $51.50 $50.00 for each permit or renewal thereof, except that a resident of the Chautauqua North neighborhood zone shall instead pay $10.50$10.00. (b) A resident of a neighborhood permit parking zone permit holder may purchase up to two annual visitor permits at $5 for each permit with the purchase of a neighborhood parking permit. Visitor permits are valid during the resident's annual permit period. (c) A business applying for a neighborhood parking permit for employees shall pay $77.00 $75.00 for each permit or renewal thereof. (d) An individual who does not reside within the zone applying for a neighborhood parking permit, if permitted in the zone, shall pay $39.50 $115.00 for each monthly quarterly commuter permit or renewal thereof. (e) A contractor applying for a temporary permit shall pay $5 for each permit and such permit(s) shall be valid for one month. (f) A contractor applying for a mobile vendor permit shall pay $75 for each annual permit or renewal thereof. (g) A resident issued a permit may obtain two two-week guest permits per year at no cost with an option to purchase up to ten more at a cost of $5.00 for each permit. 4-20-57. News Box Fees. (a) The annual fee for leases of news boxes governed by Chapter 4-27, "News Box Leases and Regulation," B.R.C. 1981, is $99.00 $96 per full size box, $50.50 $49 for a double- sized slot, and $28.00 $27.50 for a single-sized slot, payable in advance at time of application or renewal. Fees shall be prorated by month for partial year periods, and partial months shall constitute a full month. (b) The waiting list fee is $27.50 $27 for each box or slot desired, and shall not be prorated or refunded. 4-20-62. Capital Facility Impact Fee. (a) Impact Fee Rate: No person engaged in nonresidential or residential development in the city shall fail to pay a development impact fee. Fees shall be assessed and collected according to the standards of Chapter 8-9, "Capital Facility Impact Fee," B.R.C. 1981, and the following rates: ATTACHMENT D - ORD 8656 Item 5A - 2025 Recommended Budget 1st Reading 35 Packet Page 100 of 138 K:\BDAD\o-8656 2025 Annual Fees-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Table 1: Residential Impact Fee Rates per Dwelling Unit Size Range (SF) IMPACT FEE RATES Parks & Recreation Human Services Municipal Facilities Police Fire Transportation Total 799 and below $3,292 $3,091 $100 $94 $321 $301 $266 $250 $240 $225 $120 $113 $4,339 $4, 074 800—999 $4,134 $3,882 $125 $117 $406 $381 $335 $315 $300 $282 $157 $147 $5,457 $5,124 1000—1199 $4,781 $4,489 $148 $139 $468 $439 $388 $364 $347 $326 $181 $170 $6,313 $5,927 1200—1399 $5,314 $4,990 $164 $154 $519 $487 $432 $406 $384 $361 $201 $189 $7,014 $6,587 1400—1599 $5,764 $5,412 $178 $167 $563 $529 $470 $441 $419 $393 $222 $208 $7,616 $7,150 1600—1799 $6,160 $5,784 $189 $177 $603 $566 $503 $472 $446 $419 $237 $223 $8,138 $7,641 1800—1999 $6,523 $6,125 $199 $187 $637 $598 $531 $499 $474 $445 $251 $236 $8,615 $8,090 2000—2199 $6,805 $6,390 $208 $195 $667 $626 $555 $521 $495 $465 $262 $246 $8,992 $8,443 2200—2399 $7,087 $6,654 $219 $206 $692 $650 $577 $542 $514 $483 $274 $257 $9,363 $8,792 2400—2599 $7,341 $6,893 $227 $213 $717 $673 $599 $562 $533 $500 $284 $267 $9,701 $9,108 2600—2799 $7,596 $7,132 $234 $220 $743 $698 $618 $580 $553 $519 $293 $275 $10,037 $9,424 2800—2999 $7,817 $7,340 $241 $226 $765 $718 $636 $597 $568 $533 $302 $284 $10,329 $9,698 3000—3199 $8,013 $7,524 $247 $232 $784 $736 $655 $615 $581 $546 $310 $291 $10,590 $9,944 3200—3399 $8,185 $7,685 $252 $237 $799 $750 $668 $627 $596 $560 $317 $298 $10,817 $10,157 3400—3599 $8,379 $7,868 $258 $242 $819 $769 $684 $642 $608 $571 $325 $305 $11,073 $10,397 3600 and above $8,550 $8,028 $262 $246 $834 $783 $695 $653 $620 $582 $331 $311 $11,292 $10,603 Table 2: Impact Fee Rates for Nonresidential Uses Nonresidential Uses Impact Fee Rates Per Square Foot of Nonresidential Floor Area Municipal Facilities Police Fire Affordable Housing Transportation Total Retail/Restaurant $0.47 $0.44 $0.87 $0.82 $0.75 $0.71 $23.05 $21.64 $0.66 $0.62 $25.80 $24.23 ATTACHMENT D - ORD 8656 Item 5A - 2025 Recommended Budget 1st Reading 36 Packet Page 101 of 138 K:\BDAD\o-8656 2025 Annual Fees-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Office $0.68 $0.64 $0.35 $0.33 $1.08 $1.02 $34.57 $32.46 $0.27 $0.25 $36.95 $34.70 Hospital $0.56 $0.52 $0.41 $0.39 $0.87 $0.82 $23.05 $21.64 $0.33 $0.31 $25.22 $23.68 Institutional $0.15 $0.14 $0.29 $0.27 $0.23 $0.22 $11.52 $10.82 $0.22 $0.21 $12.41 $11.66 Warehousing $0.17 $0.16 $0.11 $0.10 $0.28 $0.26 $11.52 $10.82 $0.09 $0.08 $12.17 $11.42 Light Industrial $0.44 $0.41 $0.21 $0.19 $0.69 $0.65 $20.16 $18.93 $0.17 $0.16 $21.67 $20.34 Table 3: Impact Fee Rates for Public & Civic Uses and Affordable Commercial Uses Public and Civic Uses and Affordable Commercial Uses Impact Fee Rates Per Square Foot of Nonresidential Floor Area Municipal Facilities Police Fire Affordable Housing Transportation Total Retail/Restaurant $0.47 $0.44 $0.87 $0.82 $0.75 $0.71 $9.91 $9.31 $0.66 $0.62 $12.66 $11.90 Office $0.68 $0.64 $0.35 $0.33 $1.08 $1.02 $14.87 $13.96 $0.27 $0.25 $17.25 $16.20 Hospital $0.56 $0.52 $0.41 $0.39 $0.87 $0.82 $9.91 $9.31 $0.33 $0.31 $12.08 $11.35 Institutional $0.15 $0.14 $0.29 $0.27 $0.23 $0.22 $4.96 $4.65 $0.22 $0.21 $5.85 $5.49 Warehousing $0.17 $0.16 $0.11 $0.10 $0.28 $0.26 $4.96 $4.65 $0.09 $0.08 $5.61 $5.25 Light Industrial $0.44 $0.41 $0.21 $0.19 $0.69 $0.65 $8.67 $8.14 $0.17 $0.16 $10.18 $9.55 Table 4: Impact Fee Rates for Other Nonresidential Uses Other Nonresidential Uses Impact Fee Rates for Other Nonresidential Uses Based on Unique Demand Indicators Municipal Facilities Police Fire Affordable Housing Transportation Total Nursing Home/Assisted Living (per bed) $161.07 $151.24 $85.49 $80.27 $252.75 $237.32 $1,982.34 $1,861.36 $68.14 $63.98 $2,549.79 $2,394.17 Lodging (per room) $109.03 $102.37 $257.70 $241.98 $172.22 $161.71 $5,947.03 $5,584.07 $204.43 $191.95 $6,690.41 $6,282.08 ATTACHMENT D - ORD 8656 Item 5A - 2025 Recommended Budget 1st Reading 37 Packet Page 102 of 138 K:\BDAD\o-8656 2025 Annual Fees-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4-20-66. Mobile Food Vehicle Sales. An applicant for a mobile food vehicle permit shall pay the following fees at time of application: (1) an application fee of $100, and (2) an annual license fee of $210.00 $205.00 per 12-month period, which may be pro-rated based on the remainder of the license period as determined by the city. Application fees are non-refundable. License fees are refundable if an application is denied or withdrawn. 4-20-73. Hemp Registration and Licensing Fee. Application and license fees for hemp businesses shall be up to the following amounts: (1) License fee for new licenses: $1,745.00$1,695.00 (2) Application fee: $100.00 (3) License fee for renewed license, per year: $1,165.00$1,130.00 … 4-20-75. Tobacco and Electronic Smoking Device Retailer License Fee. An applicant for a Tobacco and ESD Retailer License shall pay an application fee of $25.00, a $400.00 $390.00 license fee for new applications, and a $300.00 $290.00 license fee for renewal applications, which may be pro-rated based on the remainder of the license period as determined by the city. A renewal application that is submitted after the deadline will be charged an additional $100 late fee. The fee determined shall cover the costs of reviewing a license application, any inspection required prior to issuance of a license, and plans for compliance inspections by the city. Application fees are non-refundable. License fees are refundable if an application is denied or withdrawn. Section 4. This ordinance is effective January 1, 2025. Section 5. This ordinance is necessary to protect the public health, safety, and welfare of the residents of the city, and covers matters of local concern. Section 6. The city council deems it appropriate that this ordinance be published by title only and orders that copies of this ordinance be made available in the office of the city clerk for public inspection and acquisition. ATTACHMENT D - ORD 8656 Item 5A - 2025 Recommended Budget 1st Reading 38 Packet Page 103 of 138 K:\BDAD\o-8656 2025 Annual Fees-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY TITLE ONLY this 3rd day of October 2024. ____________________________________ Aaron Brockett, Mayor Attest: ____________________________________ Elesha Johnson, City Clerk READ ON SECOND READING, PASSED AND ADOPTED this 17th day of October 2024. ____________________________________ Aaron Brockett, Mayor Attest: ____________________________________ Elesha Johnson, City Clerk ATTACHMENT D - ORD 8656 Item 5A - 2025 Recommended Budget 1st Reading 39 Packet Page 104 of 138 2025 Recommended Budget Study Session Council Follow-up September 19, 2024 1. Can you share addiƟonal background on Alpine-Balsam Western City Campus Project? Why is this a city priority and what are the reasons to conƟnue to prioriƟze this project at the planned funding level? In 2015 the city purchased 8.8 acres of land from Boulder Community Health (BCH) who was consolidaƟng their services to a new campus out east at Foothills and Arapahoe. The purchase was moƟvated by two key factors; to help guide redevelopment of this area of town aŌer nearly a century of influence from the hospital and secondly to address expanding city office space needs. In 2016 following the purchase of the BCH site, the city began a several year planning process starƟng with a Vision Plan followed by an Area Plan. The process included extensive community engagement starƟng with dozens of kick-off events and was followed by four years of community design workshops, pop-up events, on-line quesƟonnaires, community open office hours, meeƟngs with property owners, informaƟon sessions, guided scenario walks and walking tours, open houses, and public meeƟngs and hearings. Hundreds of people parƟcipated in each phase, more than 600 unique contacts were made. This feedback informed the vision for the site as “Alpine-Balsam will be a vibrant mulƟ-generaƟonal hub for community life and local government services – a welcoming and inclusive new model for equitable, affordable and sustainable living.” The Goals and ObjecƟves for Alpine-Balsam that followed the Vision Plan and idenƟfied in the Area Plan include creaƟng vibrancy and enhancing the neighborhood while respecƟng the current character; providing engaging, welcoming and inclusive public spaces; creaƟng a local government customer service hub; diverse and affordable housing; improving walkability, safety and connecƟons while implemenƟng a comprehensive mulƟ-modal access and parking strategy and lastly integraƟng environmentally sustainable strategies to address flood concerns and climate acƟon. It is this vision, and the goals and objecƟves that have informed decisions and guided the implementaƟon process for the site ever since. Prior to and influencing the BCH site purchase, the city was leasing more than 30,000sf of space for city offices and was sƟll looking for addiƟonal space. The 2015 Civic Area Plan outlined alternaƟve desired uses for the east bookend (the 13th street block bounded by Arapahoe and Canyon) where many city staff currently office in buildings on that block. The plan also idenƟfied two city office buildings located in the high hazard flood zone (Park Central and New Britain Buildings) that would need to be taken down as they pose a life safety risk to staff and the community. All these factors conƟnued to add more pressure to the city office space needs and challenges. Also, at this same Ɵme in 2016 the city developed the Climate AcƟon Plan which called for significant reducƟons in greenhouse gas emissions in city buildings. A parƟal inventory of city buildings revealed a long list of unfunded deferred maintenance items that were at the root of increasing and expensive emergency repairs. These condiƟons laid the foundaƟon for development of the first comprehensive City FaciliƟes Plan which was adopted by City Council in October 2021. The purpose of the plan was to holisƟcally and strategically address Environmental Sustainability, Social Responsibility and Financial Stewardship in city buildings. A comprehensive current state analysis of more than 75 city buildings revealed the degree of renovaƟon and repair required to start saƟsfying the city’s climate goals and the inadequacies in city buildings to meet basic ADA requirements, address gender neutrality, inclusivity or equity goals, or provide a basic welcoming and ATTACHMENT E - Study Session Hotline Response Item 5A - 2025 Recommended Budget 1st Reading 40 Packet Page 105 of 138 healthy experience for the community or staff. While current city buildings are failing to meet city goals and values, they are also cosƟng more than double the industry standard to maintain and operate because of failing infrastructure that is being addressed as emergencies arise. The City FaciliƟes Plan idenƟfied consolidaƟon of services to Alpine-Balsam as a criƟcal part of a larger ConsolidaƟon Key IniƟaƟve that would make significant progress towards the city’s climate and social goals while lowering the Total Cost of Ownership (TCO) of city buildings. Many current city buildings are experiencing mulƟple system failures and expensive investments in repairs and equipment replacement is providing liƩle to no value as FaciliƟes Maintenance staff fix one break only to come back a few months later to chase a break a bit further down in the system. The FaciliƟes Plan called out this inflecƟon point in buildings when the cost of invesƟng to fix buildings rapidly increases as the value of those investments rapidly decreases. Many city buildings have hit or are past this inflecƟon point and now to address failing infrastructure, meet the city’s aggressive goals and lower TCO – large iniƟal capital investments must be made. To maintain the current state of city buildings - many of which are already subpar and do not provide an opƟmal work environment for today’s hybrid workforce - and conƟnue to chase building failures will result in the same level of investment over the next several years and will result in no gain towards city goals and desired outcomes. The capital investments at Alpine-Balsam to date have largely gone towards preparing the enƟre site for redevelopment including creaƟon of the largest affordable housing development currently in the city. DeconstrucƟon of the hospital, cosƟng $16M, was necessary to advance housing and other key objecƟves of the Area Plan. The city’s choice to move forward with a highly sustainable approach to deconstrucƟon resulted in 94% diversion rate from landfills and direct reuse of the steel from the hospital on more than ten projects currently in development – a blend of both private and city projects including the new Fire StaƟon 3. This project has also gained naƟonal recogniƟon and become a leading example for best pracƟces in deconstrucƟon. City staff have presented at conferences, numerous arƟcles have been wriƩen, local news segments produced and other municipaliƟes from around Colorado and the naƟon have reached out for informaƟon on how the project was completed so they can follow Boulder’s lead. The other large capital investment already made was in the Brenton Building when it was renovated for city offices back in 2018. When the city acquired this building as part of the purchase it was one of the worst energy performers in the city’s building porƞolio, however it was also a soluƟon to avoid gaining more expensive lease space to accommodate increasing office needs for city staff. AŌer the city renovated this building for $8M it achieved the city’s first all-electric building, and it is now one of the best energy performers in the city. The renovaƟon also provided a welcoming experience for customers and healthy work environment for staff. At this point in 2024, the city has nearly achieved a return on this investment (ROI) over leasing space, the replacement value of the building is now more than $10M and the asset remains valuable for the city to leverage as needed against debt – which leasing space does not offer. The building also conƟnues to perform from both an energy and low cost of maintenance standpoint and remains the example of how we want to construct city buildings move forward. The combined $40M in capital and $100M debt issuance being requested in 2025 will complete the redevelopment of the Alpine-Balsam site from the city’s side and allow Boulder Housing Partners and other private investors to complete the housing developments on the site. ATTACHMENT E - Study Session Hotline Response Item 5A - 2025 Recommended Budget 1st Reading 41 Packet Page 106 of 138 Investment Benefits ~$5 Million – 100-year flood channel x Removes housing and city buildings from 100-year floodplain x Contributes to the larger Goose Creek Flood MiƟgaƟon project with a design that meets goals for “maximizing natural features in the landscape and ecosystems, improves storm sewer system and miƟgates impacts from climate change.” ~$20 Million – site-wide infrastructure improvements x Enhanced pedestrian connecƟons around and across site x New 11th Street that is being designed as a model for a shared street in Boulder x Underground uƟliƟes work for new development connecƟons x Site-wide public space enhancements and civic plaza ~$12 Million – Broadway parking structure renovaƟon and infrastructure improvements x Parking structure will accommodate city uses and all housing development except for market rate townhomes that face North Boulder Park x ElectrificaƟon of building including installaƟon of EV charging and making other parking stalls EV ready for addiƟonal charging staƟons in the future x Infrastructure investments to fix structural, mechanical and life safety failures in buildings x Exterior upgrades to match character of the site and enhance public experience ~$95 Million - Pavilion Building RenovaƟon x Designed to accommodate around 500 city staff allowing the city to vacate roughly seven buildings that are in poor to failing condiƟon x Efficiency through consolidaƟon will result in roughly a 50,000 square foot reducƟon in total space to accommodate the same number of staff currently spread out across several buildings x The city’s adopƟon of a hybrid work policy has led to even greater efficiency and enabled nearly two Ɵmes the number of staff to consolidate to the Pavilion building as compared to pre-COVID planning resulƟng in a larger number of buildings in poor condiƟon to be vacated. x Leading example of adapƟve reuse of an exisƟng structure and the addiƟon is being completed with sustainably harvested Ɵmber to minimize total embodied carbon on the project x The building envelope is super insulated to provide resiliency and refuge through temperature extremes and good indoor air environment when the outside air quality is poor. x The building will offer greater opportunity for community engagement events which are oŌen held today in space city staff must rent x The street level of the Pavilion is being designed to be transparent, accessible, welcoming and inclusive for all, as a place for the community to find access to most city services in one convenient locaƟon which was a recurring desire heard throughout years of community engagement. ~$8 Million - Equipment, Fixtures, Project ConƟngencies and Consultants x Channel 8 relocaƟon from Main Library x Equipment, furnishing and fixtures throughout the WCC x Overall project conƟngency for unknowns that arise through construcƟon over the next few years. ATTACHMENT E - Study Session Hotline Response Item 5A - 2025 Recommended Budget 1st Reading 42 Packet Page 107 of 138 The redevelopment of the Alpine-Balsam site is on track to be a global leader in low carbon redevelopment. For the Western City Campus specifically, the city adapƟvely reused all three exisƟng structures on the site and gave new life to old buildings that possessed a large amount of embodied carbon in their concrete structures. The campus will be comprised of all-electric buildings that are very low energy consuming. Vaca Ɵng city staff from buildings currently occupied in the Civic Area, specifically the East Bookend will enable a long-anƟcipated redevelopment of this area to achieve goals of the Civic Area Plan. Sale of city buildings in this area and other places could result in addiƟonal tens of millions of dollars towards reducing the debt service once staff vacate. It is also anƟcipated that roughly $10M - $13M will be recouped through cost sharing with the housing development once that is complete, another ~$3-$5M of project capital costs will be supported by grants and energy efficiency rebates. The project will result in the lowest total cost of ownership of city buildings, make significant strides towards climate and resiliency goals, create a welcoming and healthy environment for the community and staff in stark contrast to invesƟng in current buildings which would require similar levels of investment over the next decade but with much more limited outcomes towards achieving city goals. 2. How do we prioriƟze racial equity within our budgeƟng process? What are examples of specific investments within the 2025 Recommended Budget and/or 2025-30 CIP? Equity consideraƟons are embedded throughout the annual budget development process and are a key part of the overarching budgeƟng framework for the city within the citywide Sustainability, Equity, and Resilience (SER) Framework. Part of this includes the city’s efforts to shiŌ from a tradiƟonal increment-based budgeƟng approach to outcome-based budgeƟng, focusing more on the outcomes of our investments and how those align to the greater SER Framework. By aligning to this framework and uƟlizing outcomes and data, we will be able to further understand the impact of our budget allocaƟons across the city. Toward this end, departments currently and will begin to further assess the impacts of their outcomes for budget items requested, which feeds into budget decision-making. With this budgeƟng framework in place, we will be able to further build data into decision-making for the budget year-aŌer-year with addiƟonal actuals and measures aligned to our program areas and budget allocaƟons. Since 2023 for the 2024 budget process, the city has intenƟonally focused on community budget engagement efforts with the Community Connectors-in-Residence program. With the partnership and input received from Community Connectors during the budget development and programs development processes, the city is able to further understand and upliŌ feedback from historically excluded communiƟes, who specifically have upliŌed racial equity, financial security, economic opportunity, and housing affordability as key focus areas and top objecƟves to support in the city’s budget. This input and partnership has been a pillar of decision-making during the annual budget process and we look forward to conƟnuing building upon this annually. In addiƟon, community engagement around the budget has been developed that much further on a citywide level in the past two budget cycles, with Community Connectors, boards & commissions, and a citywide quesƟonnaire. Community engagement occurs both within the full budget development process as well as part of departments’ individual engagement processes related to program development and operaƟonal service delivery. These processes are embedded in the department-level ATTACHMENT E - Study Session Hotline Response Item 5A - 2025 Recommended Budget 1st Reading 43 Packet Page 108 of 138 decision-making that influences the annual budget process for prioriƟes that come forward as budget requests. In addiƟon, the Office of Equity & Belonging parƟcipates and supports the budget development process through various avenues, including parƟcipaƟng on the city’s ExecuƟve Budget Team (decision-making body) that performs review of all budget requests, and supporƟng through partnership with the Community Connectors-in-Residence budget input, engagement, and conversaƟons. The city has operaƟonalized the racial equity plan into city operaƟons and processes, which creates an embedded relaƟonship between racial equity and the budget that may not be visible on the surface. For example, the order that UƟliƟes’ flood projects come forward in the budget is very specifically and posiƟvely affected by applicaƟon of the racial equity instrument as was established in the council-approved 2022 Comprehensive Flood and Stormwater Plan. Specific examples of addiƟonal investments within the 2025 Recommended Budget and 2025-30 CIP that support racial equity, financial security, housing affordability, and economic opportunity include: o Primos Park, Park Flood Improvements, and Violet Bridge Replacement Project ($12.6M) – This capital infrastructure investment of park ameniƟes, flood miƟgaƟon and improvements, and transportaƟon access will support neighboring communiƟes. Staff is specifically engaging with community members, including from Boulder Meadows, to inform the development of this park. This project rose to the top of priority lists given the impact on the Boulder Meadows manufactured housing community. o Equity-Focused Shared Micromobility Advancements ($75K) – This addiƟonal investment in 2025 will support programmaƟc outreach with the Community Connectors-in-Residence with the goal of supporƟng low-income community members during shared micromobility program development. o Small Business Support for Economic Resilience ($200K) – This addiƟonal one-Ɵme funding will support the development and implementaƟon of an Economic Vitality Strategy, a key council priority, that will support the outcomes of increased awareness of resources available to Boulder businesses, including women- and minority-owned businesses. o ImmigraƟon Legal Defense Fund ($50K) – AddiƟonal one-Ɵme funding for the CU ImmigraƟon Center Clinic supporƟng non-ciƟzens of the community who may be navigaƟng criminal and/or immigraƟon legal systems. o Family Resource Schools Program ($26.5K) – Funding for a full-Ɵme bilingual Family Outreach Coordinator for Crest View Elementary, who supports basic needs support and programming for diverse low-income children at the fourth highest-need school. o AddiƟonal Human Services Funding ($200K) – An addiƟonal $100,000 in ongoing funding and $100,000 in one-Ɵme funding to help maintain the level of funding available for human services grants, for non-profit organizaƟons supporƟng outcomes such as economic stability, mobility, and resilience and increased posiƟve mental, or behavioral health and well-being. o EvicƟon PrevenƟon and Rental Assistance Services (EPRAS) ($315K) – AddiƟonal ongoing funding for the city's EPRAS program that will support legal aid, rental assistance, and mediaƟon services to help tenants facing evicƟon. This program prevents evicƟons for 96% of tenants acƟvely engaging with EPRAS services. ATTACHMENT E - Study Session Hotline Response Item 5A - 2025 Recommended Budget 1st Reading 44 Packet Page 109 of 138 o Enhanced Policy Support and Training for Public Safety and DiagnosƟc Cultural Competency Assessments ($100K) – AddiƟonal funding administered by the Office of Equity & Belonging to support cultural competency assessments across the organizaƟon and to support training and policy development efforts for public safety/code enforcement funcƟons. o Affordable Housing Funding ($8.9M) – An addiƟonal $8.9M in funds will support the advancement of 144 new or rehabilitated affordable housing units for Rally Flats, Thistle, and Ponderosa projects. o Community Connectors-in-Residence AddiƟonal Programming for Mental Health, Professional Development ($40K) – This one-Ɵme funding for Community Connectors-in-Residence builds upon prior year one-Ɵme funding of $10K for mental health support by providing addiƟonal funds for professional development, training, inclusive engagement, and mental health services. o The Western City Campus at Alpine-Balsam ($140M) – City staff working on the project in collaboraƟon with the Office of Equity & Belonging have conducted racial equity training for the enƟre project team including key consultants working on the project. Following training, the team has held several workshops to implement the Racial Equity Instrument and define specific desired community results, intended organizaƟonal outcomes for the project and the team is working to define indicators that will measure the outcomes. Aspects of the physical building that support desired outcomes have been incorporated into the design and are included in the overall 2025 budget request on the project. FaciliƟes Project Managers are uƟlizing the Racial Equity Instrument on all new major capital improvement projects to inform design decisions and capital budget requests on buildings. 3. Can you share addiƟonal background on the level of investments associated with Wildfire Resilience efforts? Specifically, what are current budgeted efforts and addiƟonal levels of capital investment that advance wildfire resilience efforts? Investments in wildfire resilience is a cross-departmental effort and reflected under several budgeted program areas and departments within the 2025 Recommended Budget. This includes the Community Wildfire Resilience program supported by the Climate Tax, Fire-Rescue Emergency OperaƟons’ Community Risk Resilience and Community Wildfire Risk ReducƟon, Open Space & Mountain Parks’ Resource Stewardship program, CommunicaƟons & Engagement department, and Finance’s Budget and Grants programs, where the Citywide Grants Office supports the programmaƟc community grant efforts for wildfire resilience. While the Climate Tax supports $1.5M of wildfire resilience funding within the Community Wildfire Resilience program, this is just a fracƟon of the total overall wildfire resilience and miƟgaƟon efforts funded across the organizaƟon – such as in the Open Space and Mountain Parks Department, Fire-Rescue Department, UƟliƟes, Parks and RecreaƟon, Climate IniƟaƟves Department, as well as the Office of Disaster Management. Current cross-departmental wildfire resilience efforts and investments for 2024 - many of which will conƟnue and grow into 2025 - include dozens of key acƟons supported by Open Space, Fire-Rescue, Climate IniƟaƟves, UƟliƟes, CommunicaƟons & Engagement, Parks and RecreaƟon, and Finance departments and the Office of Disaster Management. Examples of a few of these acƟons are listed here: o Fire-Rescue ramping up their detailed home assessments, with an emphasis on homes within the Wildland-Urban Interface. Specific community outreach and communicaƟons have been developed ATTACHMENT E - Study Session Hotline Response Item 5A - 2025 Recommended Budget 1st Reading 45 Packet Page 110 of 138 and are being disseminated to build greater awareness and interest in the detailed home assessment program. o Established and launched a Wildfire Resilience Assistance Grants Program to help eligible homeowners cover costs associated with miƟgaƟon. This new grant program complements the detailed home assessment program. Specific community outreach and communicaƟons are now being disseminated to promote and build interest in this new assistance program and is already generaƟng interest from homeowners. o Updated the Community Wildfire ProtecƟon Plan in June and staff are now developing a detailed, prioriƟzed workplan for implemenƟng the CWPP and its recommendaƟons that will detail work into 2025 and beyond. This implementaƟon plan will also incorporate recommendaƟons and acƟons called for in other city plans related to Wildfire resilience. o A 2025 budget enhancement is allowing the cross-departmental team to hire a Wildfire Resilience AcƟon Plan Coordinator to idenƟfy, prioriƟze, cost, sequence and schedule all the city’s wildfire resilience acƟons and efforts over the next 5 years. o Forest thinning and health efforts. OSMP’s forestry crew capacity has recently been expanded to enable year-round forest treatments and acƟons. On average, OSMP is able to “treat” ~100-200 acres of forest per year at mulƟple locaƟons. OSMP also added capacity to focus on decreasing fire fuel loads within high priority ditch corridors. o OSMP successfully launched a perimeter mowing program in 2024 along large stretches of open space bordering the built environment on the city’s west side with a goal of reducing fuel loads within the Wildland Urban interface. o Expanded targeted grazing efforts on open space along Shanahan Ridge to control the spread of invasive Tall Oatgrass. Grazing of over 500 acres here reduces fine fuel loads near city limits. o Completed FlaƟron Vista prescribed burn plan that covers 2000 acres, and working on a South Boulder Creek prescribed burn plan that covers close to 3000 acres. o CoordinaƟng with Mt View Fire to develop cisterns at the Marshall Mesa Trailhead. o Working to idenƟfy and address the unique challenges and set of rules and regs to implemenƟng a more aggressive prescribed burn program. This work led city staff to tesƟfy at a LegislaƟve Wildfire MaƩers CommiƩee on the need for prescribed burn flexibility. Despite these challenges, city staff led several prescribed burns along ditch corridors on city agricultural lands in 2024. o Led disaster preparedness and recovery workshops. o Coordinated conƟnued trainings for the dozens of city staff who parƟcipate in fire response. o In addiƟon to the above efforts, the Office of Disaster Management (ODM), has performed and/or conƟnues to implement the following iniƟaƟves this year: ƒCompleted the Urban ConflagraƟon DraŌ for the Fire Department: This plan focuses on three scenarios (1) wildfire outside the city, fire department support, no immediate threat, (2) a wildfire is advancing and threatening the city causing the implementaƟon of the structure defense plan, and (3) a wildfire has entered the city now causing an urban conflagraƟon scenario. ƒCurrently working with the Police Department on the next generaƟon of evacuaƟon planning. The first version idenƟfied primary evacuaƟon routes across the city and developing polygons across the city. The 2.0 version of evacuaƟon planning is mostly completed and includes developing evacuaƟon operaƟonal details for each polygon along the western edge of the city. Each polygon includes the number of officers required to ATTACHMENT E - Study Session Hotline Response Item 5A - 2025 Recommended Budget 1st Reading 46 Packet Page 111 of 138 complete door to door evacuaƟons, evacuaƟon routes and the traffic control points including the number of the officers to staff each locaƟon. Working with City GIS staff to develop an evacuaƟon / conflagraƟon operaƟonal decision assistance plaƞorm to incorporate the urban conflagraƟon and evacuaƟon work into the design. ƒCity & County GIS Teams along with both the city 911 Dispatch Center and Sheriff ’s 911 Dispatch Center integrated the alerƟng polygons in Everbridge to automaƟcally load on the Boulder ODM website public facing map. This is for all types of incidents flood, fire and police acƟvity. ƒKeyword messaging plaƞorm implemented which is an Everbridge service that allows Public InformaƟon Officers to message the community using text messaging. ƒA Required Safe EvacuaƟon Time (RSET) was developed for each evacuaƟon polygon to provide an operaƟonal planning assumpƟon for decision making during a wildfire. The RSET used traffic modeling to determine the clearance Ɵme for each alerƟng polygon. ƒWildfire evacuaƟon decision points were developed for the western side of the city using a basic wildfire modeling technology for 1 hour and 2-hour Ɵme limits to assist with gauging when to call for evacuaƟon orders. ƒConƟnuing to facilitate a Command & Control, CommunicaƟons, and CoordinaƟon (C-4) Working Group. This group brings law enforcement, fire departments, EMS and hazardous materials team members together once a quarter to address incident command, operaƟonal and communicaƟons gaps and programs. 4. How can community members find outcomes-level data at the program level? The city’s 2025 Recommended Budget represents the third and final year of the BudgeƟng for Resilience & Equity implementaƟon plan, where the city has shiŌed to an outcomes-based budgeƟng approach. As part of this effort, the city developed department program areas, aligned budget and resources to these program areas, and established a minimum of three outcomes, measures, and targets for each program area, and for the 2025 Budget, developed an outcomes dashboard that is available on the city’s website as well as embedded within the 2025 Recommended Budget associated with each department page. The 2025 Recommended Budget is the baseline year for outcomes data, and the city will conƟnue to evaluate, iterate and improve upon this process on an annual basis during budget development. As menƟoned at the Council Budget Study Session, program areas currently have varying levels of data associated with outcomes and measures. Some departments and program areas have established outcomes, measures, and data tracking for specific program areas, such as the Housing & Human Services (HHS) Department. Specifically, for HHS programs, output and outcomes data for some programs are provided publicly through dashboards and/or annual reports on the city website. These resources provide useful output data to help our community understand to whom and how many people or households among our community are being provided direct services at any given Ɵme. They also indicate how the city’s resources are advancing toward outcomes. Staff analyzes a robust combinaƟon of outcome and output data to track advancement toward department-level logic model and citywide Sustainability, Equity, and Resilience (SER) Framework goals. While outcome metrics provide insight on direcƟonality of trends (increase, decrease), effecƟveness of ATTACHMENT E - Study Session Hotline Response Item 5A - 2025 Recommended Budget 1st Reading 47 Packet Page 112 of 138 agency performance, or other behavioral changes for targeted populaƟons, output data can also provide key informaƟon as to advancement toward the goals (e.g., # of people benefiƫng from the Food Tax Rebate, # of shelter beds uƟlized). A list of HHS program dashboards and annual reports include: x Affordable Housing in the City of Boulder Data Dashboard | City of Boulder (bouldercolorado.gov) x Community Funding Dashboard | City of Boulder (bouldercolorado.gov) x Eviction Prevention and Rental Assistance Dashboard | City of Boulder (bouldercolorado.gov) x Food Tax Rebate Program | City of Boulder (bouldercolorado.gov) x Homelessness Services Data Dashboard | City of Boulder (bouldercolorado.gov), Point in Time Count Dashboard | City of Boulder (bouldercolorado.gov), Single Adult Homelessness 2023 Report x Older Adult Services Annual Reports x Safe and Managed Public Spaces (SAMPS) Operational Dashboard, SAMPS Tracking Data, SAMPS 2023 Annual Report 5. What is the total Arts, Culture, and Heritage operaƟng reserve? The total Arts, Culture, and Heritage operaƟng reserve is 16.7% of total planned operaƟng expenses for the upcoming year. This established reserve is in alignment with financial best pracƟces and with the city’s reserve fund policies. For 2025, the total operaƟng reserve is $303,000, which is calculated against the total planned operaƟng uses of funds in 2026. The total 2025 remaining fund balance aŌer accounƟng for operaƟng reserves is $397,000. 6. Can you share what the total ending fund balance is across all 41 budgeted funds? What are the plans for this remaining fund balance? The total projected ending fund balance for 2025 across all 41 budgeted fund is $248M. Of the $248M, $104M is held across all funds for operaƟng reserves in alignment with our reserve policies. The remaining $144M is fund balance aŌer reserves which will support future planned capital project expenses in the outyears across capital project funds, special revenue funds, and enterprise funds. 7. How can one view dedicated funding v. undedicated funding in the budget? Can we get a pie graph that shades out dedicated funding? The best way to compare dedicated funding against undedicated funding is by looking at the revenues (sources) the city receives through the various funds. The majority of revenues within the General Fund are undedicated, while the remaining funds consist of revenues that voters have set aside or funds that are dedicated for specific purposes, such as dedicated revenues supporƟng special revenue funds (ex. TransportaƟon Fund, the 0.25 Sales Tax Fund, and the Open Space Fund), capital project funds (ex. Community, Culture, Resilience & Safety Tax Fund, Permanent Parks & RecreaƟon Fund), and enterprise funds (Water UƟlity Fund, Wastewater UƟlity Fund). To see a pie graph that breaks down revenues by fund, please head to the Transparency Portal and select the “2025 Budget – Sources and Uses” report (at the top of the menu on the leŌ). Scroll down unƟl you see the “Filter” and “Views” menu, choose “Views”, then select “Citywide Sources by fund, Pie Chart – 2025” view, which is the second opƟon within the “Views” list. This will show the comparison between the General Fund revenues to all other fund revenues. ATTACHMENT E - Study Session Hotline Response Item 5A - 2025 Recommended Budget 1st Reading 48 Packet Page 113 of 138 The General Fund revenues are forecasted to be $171.7 million, or 34.9% of the total projected $492.5 million forecasted revenues, this total view of citywide sources excludes transfers and internal service funds to avoid double-counƟng. To view a specific program area budget by fund, select the report “2025 Budget – Expenditure by Fund”, and scroll down on the leŌhand side to “Filters”, click “Org Program” and select the program area of choice. Dropdown views are available within each category of fund type. AddiƟonal visibility into budget data can be adjusted based on filtering and report views. 8. The Climate Tax had staƟsƟcally valid surveys. Can those be shared? In May and June 2022, at the direcƟon of council, the city conducted a staƟsƟcally valid survey to collect feedback on the new climate tax proposal. Broadly, the results confirmed that the community is deeply concerned about the climate crisis and was largely supporƟve of the city’s tax proposal. Details of the survey process is on the city’s webpage and a summary of the results is available online. More recently, in June and July 2023, at the direcƟon of council, the city conducted a staƟsƟcally valid survey to collect feedback on the expiring 0.15 cent sales and use tax. The survey results showed support for the tax renewal. A summary of the survey results is available online. 9. How can council and community members learn more about the details of the Violet Bridge Project? What does it entail? The city’s Parks and RecreaƟon, TransportaƟon and Mobility, and UƟliƟes departments are all shepherding the following efforts to ensure the Boulder Meadows community and other surrounding neighborhoods can access the new park, Primos Park, along Violet Avenue and also to improve safe routes to nearby schools (Crest View Elementary and Centennial Middle School). Primos Park Located in a 9-acre site on Violet Avenue between Broadway and 19th Street, this locaƟon will become an accessible, inviƟng neighborhood park that uses nature-based soluƟons to address stormwater and ecological health within the Fourmile Canyon Creek floodplain. Adjacent to the new North Boulder Branch Library, park design also includes mulƟmodal transportaƟon improvements to connect the site with the neighborhood and other nearby ameniƟes. For example, the project will help close a gap in the overall Fourmile Canyon Creek Greenway by extending the exisƟng mulƟuse path that currently terminates at the west end of the park. This path extension will follow Violet Avenue to the bridge on the eastern end of the park and will be complemented by a buffered, westbound bike lane on the north side of Violet Avenue. In addiƟon, the park will offer designated parking for scooters, bikes, and mobility devices, as well as accessible trails throughout the site. Design and permiƫng will conƟnue through fall 2025, with phased construcƟon acƟviƟes starƟng in early 2026. Violet Bridge Replacement The proposed underpass at Violet Avenue and Fourmile Canyon Creek (4MCC) is included in the TransportaƟon Master Plan, the Greenways Masterplan, and the 4MCC Flood MiƟgaƟon Plan. The exisƟng Violet Avenue bridge over 4MCC is in poor condiƟon and is the worst rated bridge in the city. ATTACHMENT E - Study Session Hotline Response Item 5A - 2025 Recommended Budget 1st Reading 49 Packet Page 114 of 138 The proposed project will reconstruct the exisƟng bridge over 4MCC with a larger and safer structure that will beƩer convey FMCC stormwater flows. It will also provide a grade-separated pedestrian and bicycle underpass crossing of Violet Avenue, providing important off-street bike and pedestrian connecƟons. The widening of the bridge over 4MCC will also provide space for pedestrians and cyclists along Violet Avenue that does not exist today. This improvement addresses both transportaƟon and floodplain management goals where the design is fully integrated with Primos Park improvements. The Violet Avenue Bridge project is funded from both the City TransportaƟon Fund and the CCRS Fund with a projected total cost of $8 Million. ConnecƟon to Broadway and 19th Street Underpasses The expanded 4MCC greenway mulƟ-use path and Violet Avenue underpass will implement vital off-street transportaƟon connecƟons that have not previously existed. New connecƟons will be created to and from nearby Crestview Elementary School and the Boulder Meadows neighborhood. To the north, the underpass will facilitate a mulƟ-use path extension through the park site, providing access to key desƟnaƟons such as the North Boulder Park Library and others further west via the recently expanded Broadway Bridge and underpass across 4MCC. To the south, the 4MCC Greenway MulƟ-Use Path will eventually connect with the 19th Street and points further south and east. Staff in the UƟliƟes Department are working on potenƟal property acquisiƟon as part of the floodway project that will allow, in part, for the “missing link” construcƟon of a new mulƟ-use path segment between 19th and Violet. This path will then connect southward from Violet Avenue to the underpass currently under construcƟon as part of the 19th Street Improvements project. For addiƟonal informaƟon, please reach out to the following contacts: Primos Park – Deryn Wagner, Parks and RecreaƟon Violet Bridge Replacement and MulƟmodal Improvements – Gerrit SlaƩer, TransportaƟon and Mobility 10. Can staff share addiƟonal detail on the alignment of investments to the Citywide Strategic Plan and council prioriƟes? The 2025 Recommended Budget advances City Council PrioriƟes as well as strategies and priority acƟons within the Citywide Strategic Plan. There are strategies and prioriƟes that are currently supported through exisƟng funding, and the 2025 budget invests further in the advancement of these Council PrioriƟes as well as strategies and priority acƟons within the Citywide Strategic Plan. Specifically, examples of each are listed below: City Council PrioriƟes Boulder Valley Comprehensive Plan (BVCP) Update: $600,000 in one-Ɵme funding is included in the 2025 Budget for the engagement, design, and development of the BVCP update. Economic Development Plan & Program Enhancements: $200,000 is included to support Small Business Support for Economic Resilience that specifically aims to bolster the Economic Vitality Strategy in 2025 Commercial Area ConnecƟons & Quality of Life Improvements: $1.4M is included to support the University Hill Streetscape RenovaƟon Project, which will invest in capital upgrades around the University Hill area. ATTACHMENT E - Study Session Hotline Response Item 5A - 2025 Recommended Budget 1st Reading 50 Packet Page 115 of 138 Citywide Strategic Plan Responsibly Governed: Budget Investments in Cybersecurity Planning and Training, Fleet Replacements, and FaciliƟes Capital Maintenance, and Alpine-Balsam Western City Campus Project x CSP Strategy 2: Advance efforts to enhance regional disaster prevenƟon, preparedness, and response x CSP Strategy 10: Advancement toward an eighty percent reducƟon in emissions x CSP Strategy 12: Implement organizaƟonal and financial best pracƟces to conƟnuously improve asset management, customer experience, and project and program performance. Safe: Budget enhancements supporƟng the Office of Independent Police Monitor, CivilianizaƟon of PosiƟons for Crime PrevenƟon and HolisƟc Problem-Solving, Urban Rangers and SAMPS x CSP Strategy 1: Focus community safety efforts on reducing community harm at criƟcal locaƟons Accessible & Connected: Investments in Community Connectors-in-Residence, HOP Bus ElectrificaƟon and Shared Micromobility x CSP Strategy 10: Advancement toward an eighty percent reducƟon in emissions x CSP Strategy 7: Invest in and maintain a transportaƟon system with an array of mulƟ-modal choices to reduce vehicle miles traveled and greenhouse gas emissions. x CSP Strategy 8: Improve accessibility to city meeƟngs, informaƟon, and programs through equitable engagement. Livable: Investments in Human Services and EvicƟon and Rental PrevenƟon Services funding, and addiƟonal Affordable Housing investments x CSP Strategy 5: Provide holisƟc and accessible programs and services to enable diverse individuals and families to live in Boulder x CSP Strategy 4: Strengthen equity-focused programs that help meet community members’ basic needs, including mental, physical, and behavioral health, financial assistance, and access to services. Environmentally Sustainable: AddiƟonal funding supporƟng Wildfire Resilience and Water Quality Program operaƟons x CSP Strategy 9: Increase community and ecosystem resilience to the current and future impacts of climate change. Economically Vital: One-Ɵme funding for Small Business Support for Economic Resilience and Outdoor Dining Program x CSP Strategy 14: Enhance collaboraƟve efforts to support an inclusive, healthy, sustainable, and resilient local economy that builds on core economic strengths, promotes economic mobility, and aligns with community values and prioriƟes. Healthy & Socially Thriving: Funding for a new ImmigraƟon Legal Defense Fund, training for cultural competency assessments, Family Resource Schools and EXPAND programming x CSP Strategy 4: Strengthen equity-focused programs that help meet community members’ basic needs, including mental, physical, and behavioral health, financial assistance, and access to services. ATTACHMENT E - Study Session Hotline Response Item 5A - 2025 Recommended Budget 1st Reading 51 Packet Page 116 of 138 City of Boulder University Hill Commercial Area Management Commission Cultural Vibrancy • District Vitality • Access for All 1500 Pearl Street, Suite 302 • Boulder, Colorado 80302 Phone 303-413-7300 Date: September 3, 2024 To: Boulder City Council From: University Hill Commercial Area Management Commission Subject: Preservation of Funds from the Sale of the Parking Lot at 1200 Block of Pleasant Street The University Hill Commercial Area Management Commission (UHCAMC) is writing to you to request that the fund balance from the sale of the Pleasant Street parking lot be preserved or held harmless pending further study and development of options to provide for consistent and sustainable funding for the business district and including the potential redevelopment of the University Hill General Improvement District’s remaining asset (the 14th Street parking lot) as a potential catalyst site. As you are aware, and as part of the City’s broader plans to reinvest in the Hill and facilitate CU’s location of a conference center on the Hill, UHGID sold the Pleasant Street parking lot for the development of the Moxy Hotel. We are very excited about the recent opening of the Moxy Hotel, which is already bringing a more diverse set of demographic visitors to the Hill. Once CU opens its conference center, the Moxy will provide overflow capacity necessary for larger conferences. As you also are aware, UHGID has been unable to sustain adequate services on University Hill for many years. UHGID is not self-funding, and it relies significantly on generous contributions from the City's general fund to maintain the business district. Reliance on discretionary contributions from the general fund, rather than a predictable revenue stream, makes planning difficult. Further, notwithstanding the generosity of the City, the funding over time has been inadequate for maintaining the Hill at a level consistent with other areas of the City (such as downtown Boulder). These inadequacies have become more apparent in connection with concerns about the impact on the visitation to be spurred by the Moxy Hotel and CU Conference Center. UHCAMC has begun to embark, through staff, independent efforts of Commissioners, and communications with other community members, on an effort to identify an adequate funding solution that is more consistent and sustainable for the business area encompassed within UHGID. Among other things, UHCAMC and the City funded a recent Technical Advisory Panel concerning how to utilize UHGID's last remaining asset (the 14th Street lot) as a catalyst for further reinvestment in, and improvement of, the Hill. UHCAMC Commissioner Shoemaker, also a member of the Downtown Boulder Partnership Board, recently attended the Downtown ATTACHMENT F - UHMAC LETTER TO COUNCIL Item 5A - 2025 Recommended Budget 1st Reading 52 Packet Page 117 of 138 Colorado, Inc. (DCI) Metro Area BID, DDA, URA Mobile Tour with City staff, members of the Downtown Boulder Partnership and BID staff, and a City Council member. Perhaps, most importantly, the city staff is proposing, and we strongly support, the Improvement Districts Analysis. There are many ideas under discussion, diligence is at its early stages, and UHCAMC’s hope that within the next year or so UHCAMC, City staff, and the City Council will be able to discuss the results of this diligence and hold a joint study session on this complex issue that is important to the economic vitality of the City. We understand that the current proposed capital improvement budget for 2025 includes use of $727,500 of the fund balance from the sale of the Pleasant Street lot. We respectfully request, however, that the fund balance be preserved or held harmless while current studies are being undertaken, as those funds may be critical to the plans to develop a new funding source or redevelop the 14th Street parking lot. In the meantime, we also request that the City continue providing funding from the general fund for UHGID, which will benefit not just the Hill, but the City at large in light of the benefits that will be brought to the City as a whole by the Moxy Hotel and the CU Conference Center. Thank you for your consideration. University Hill Commercial Area Management Commission Ted Rockwell (Chair), Andrew Shoemaker (Vice-Chair), Trent Bush, Tell Jones, and Danica Powell ATTACHMENT F - UHMAC LETTER TO COUNCIL Item 5A - 2025 Recommended Budget 1st Reading 53 Packet Page 118 of 138 Item 5A – Addendum Memo 1 CITY OF BOULDER CITY COUNCIL AGENDA ITEM ADDENDUM MEETING DATE: October 3, 2024 AGENDA ITEM: This addendum corrects two clerical errors related to the 1) 2025 Recommended Budget shared on the 9/12 Study Session, and 2) City Council Agenda Item 5A – 2025 Recommended Budget 1st Reading Memorandum: 1. University Hill Commercial District Fund: an amendment to the 2025 Recommended Budget document to correct a clerical error within the University Hill Commercial District Fund of the 2025 Recommended Budget, which was released to City Council on August 30 and presented during the September 12 Council Study Session. 2. Average Utility Rate Increase: A correction to the clerical error concerning the average utility rate increase for a typical single-family residential customer. This error is included in City Council Agenda Item 5A – 2025 Recommended Budget First Reading memorandum, which is included in the October 3 City Council meeting packet. DESCRIPTION: 1. University Hill Commercial District Fund: This addendum is a clerical correction of a staff error in the 2025 Recommended Budget document within the University Hill Commercial District Fund in the 2025 Capital Budget. As submitted, the online 2025 Recommended Budget document for the University Hill Commercial Area Project within the University Hill Commercial District Fund totals $977,500. The correct budget supported by University Hill Commercial District Fund for this capital project is $727,500, a correction of $250,000. This capital project is specifically reflected in the Community Vitality Capital Improvement Program Summary page, listed as $1,627,500 ($977,500 from University Hill Commercial Packet Page 119 of 138 Item 5A – Addendum Memo 2 District Fund and $650,000 from the Governmental Capital Fund). This correction will adjust the University Hill Commercial District Fund budget for the project to $727,500, for a total project budget of $1,377,500. This correction to the capital project budget represents a clerical correction and does not change the scope or intended funding level for the project. Given that staff publicly released the 2025 Recommended Budget on August 30 and delivered to City Council during the September 12 Budget Study Session, staff is including this addendum for informative purposes only. If approved by Council on October 17, this staff amendment to correct the capital budget within University Hill Commercial District Fund will reduce: The total fund appropriation from $1,509,353 to $1,259,353, The 2025 Recommended Budget from $589.5 million to $589.3 million, and, The total 2025 Capital Budget from $190.2 million to $189.9 million. 2. Average Utility Rate Increase for Typical Single-Family Home: This addendum serves to correct the mislabeling of Item 5A memorandum related to the average monthly utility rate increase for a typical single-family residential customer. The City Council Agenda Item 5A – 2025 Recommended Budget First Reading memorandum page 7 indicated an average increase of $10.89 per month. The correct average utility bill increase for a typical single-family home is $8.59 per month. It is important to note that this correction does not affect the utility rates included in the Fee Changes ordinance (Ordinance 8656); rather, it corrects the memorandum language of the overall rate impact on a typical single-family residential customer. The corrected value of an $8.59 monthly increase is also consistent with the information shared with the Water Resources Advisory Board (WRAB) in July 2024. Packet Page 120 of 138 C OVE R SH E E T ME E T I N G D AT E October 3, 2024 AG E N D A I T E M Discussion on whether to hold the November 14th Special Meeting & J oint Meeting with the Planning Board in-person, (which was converted from a Study Session) P RI MARY STAF F C ON TAC T Elesha J ohnson, City C lerk AT TAC H ME N T S: Description No Attachments Available Packet Page 121 of 138 C OVE R SH E E T ME E T I N G D AT E October 3, 2024 AG E N D A I T E M Discussion on drafting a letter to Boulder County regarding their proposed 2025 Budget cuts P RI MARY STAF F C ON TAC T N A AT TAC H ME N T S: Description No Attachments Available Packet Page 122 of 138 C OVE R SH E E T ME E T I N G D AT E October 3, 2024 I N F O RMAT I ON I T E M 2024 C ultural Grants P RI MARY STAF F C ON TAC T Lauren Click, Community Vitality Arts & C ulture Manager AT TAC H ME N T S: Description I nformation I tem A - 2024 Cultural Grants Packet Page 123 of 138 INFORMATION ITEM MEMORANDUM To: Mayor and Members of Council From: Nuria Rivera-Vandermyde, City Manager Cris Jones, Community Vitality Department Director Matt Chasansky, Office of Arts and Culture Manager Lauren Click, Office of Arts and Culture Manager Sarah Harrison, Office of Arts and Culture Arts Program Manager, Grants Date: October 3, 2024 Subject: 2024 Cultural Grants EXECUTIVE SUMMARY The purpose of this memo is to inform City Council of the Boulder Arts Commission’s approval of grants in the 2024 cycle. The Cultural Grants Program includes community funding in the following categories: - General Operating Support (GOS) Grants -Community Project Grants - Arts Education Grants - Field Trip Fund for Title One Schools - Professional Development Scholarships -Venue and Online Event Affordability Fund - Leadership Pipeline Fund Scholarship - Grant Writing Support Fund Additionally, these grant categories were enhanced with funding from the American Rescue Plan Act (ARPA): -Artist Hiring Incentive Fund - Additional Venue and Online Event Affordability Funds One grant category remains to be fully awarded: the Cultural Field Trip Fund. This category is decided administratively by formula. This table demonstrates the breakdown of funding between categories: Information Item A - 2024 Cultural Grants 1 Packet Page 124 of 138 GRANT TYPE CATEGORY 1 # OF GRANTS GRANT AMOUNT CATEGORY BUDGET GENERAL Extra Large Orgs (2022) 8 @ $50,000 $400,000 OPERATING Extra Large Org (2023) 1 @ $26,035 $26,035 SUPPORT Large Orgs (2022) 9 @ $20,000 $180,000 Large Org (2023) 1 @ $10,414 $10,414 Mid Orgs (2022) 8 @ $10,000 $80,000 Mid Org (2023) 1 @ $5,207 $5,207 Small Orgs (2022) 12 @ $8,000 $96,000 Small Orgs (2023) 2 @ $4,166 $8,331 PROJECT Community Projects - Orgs 6 @ $10,000 $60,000 GRANTS Community Projects – Indv 5 @ $5,000 $25,000 Arts Education 10 @ $3,000 $30,000 STRATEGIC FUNDS Venue and Online Event Affordability Fund 37 @ ~ $1,000 $37,000 Artist Hiring Incentive Grants 18 @ $3,000 $54,000 Risk Capital Fund on hold on hold $0 SCHOLARSHIPS Professional Development Approx. 16 @ ~ $500 $8,000 Leadership Pipeline Fund 2 @ $8,000 $16,000 Cultural Field Trips 5 @ ~ $2,000 $10,000 SPONSORSHIPS Assistance for Grant Writing 8 @ $500 $4,000 TOTAL $1,049,987 A full list of grantees, categories, and funding levels can be found in the Background section. An updated list of awards is maintained on the Office of Arts and Culture website. The cultural grants (also known as arts grants) further the goals of Boulder’s Sustainability, Equity, and Resilience Framework. While the grants program supports multiple objectives, like encouraging a livable, accessible and connected community, the arts are deeply important to ensure a healthy and socially thriving city. The programming and organizations supported by the grants program are critical to helping the city meet the goal that: All Boulder residents are able to meet their critical needs, enjoy high levels of social, physical, and mental well-being, and have access to abundant recreational, cultural and educational opportunities in an environment that respects and celebrates human rights. The grants program supports artists and arts organizations offering a wide range of cultural opportunities, while fostering diversity and belonging. As noted in the 2025 Bridge-Year Needs and Funding Assessment: 1 $100,000 in GOS funds were added in March 2023. Funds awarded for two years (2023 and 2024). $21,000 in Venue and Online Event Affordability Fund awards were added in March 2023 from American Rescue Plan Act (ARPA) funds.$54,000 in Artist Hiring Incentive Grants were added in March 2023 from American Rescue Plan Act (ARPA) funds. Information Item A - 2024 Cultural Grants 2 Packet Page 125 of 138 The arts are recognized for unifying communities, helping us understand other cultures better, and improving our individual well-being. The arts are perceived as a “positive experience in a troubled world”2 and general operating assistance grants can directly support an organization's ability to address equity and inclusion.3 The Bridge-Year Needs and Funding Assessment will guide the upcoming year’s workplan, including comprehensive review of the grant program. The grants help anchor the strategies found in the Community Cultural Plan 4 (adopted by City Council on Nov. 17, 2015). Through funding for general operating support, projects, equity initiatives, venue rental assistance, and field trips, the grants seek to achieve a few Community Cultural Plan goals. First, in support of cultural organizations: [Have] a substantial and positive effect on the ability of Boulder’s many cultural organizations to advance their operational capacity, promote organizational resiliency, and encourage innovation for the benefit of the community.5 This is reinforced by the language of the ordinance which governs the grants program (Boulder Revised Code Title 14, Chapter 1), “to encourage and financially support local arts organizations in order to stimulate, promote, and sustain the arts, culture, and creativity for the benefit of the people of the city.” In addition to support for organizations, the scholarships, project grants, venue rental assistance, and the new Leadership Pipeline fund contribute to the Community Cultural Plan’s goals for supporting artists and creative professionals: Boulder will increasingly attract artists and creative professionals for all it has to offer, not only in beautiful surroundings and quality of life, but also in the ability to thrive in the creative sector.6 The grants program has long served as an important part of the success of professional artists and organizations, having a ripple effect through the economy. This year, that outcome is enhanced with Arts Administration Rehiring Grants and the Artists Hiring Incentive, both funded by the last year of American Rescue Plan Act (ARPA) grants, with the goal of significant workforce improvements for the arts sector during this period of recovery after the COVID 19 pandemic. Finally, the grants program is a critical equity tactic. In 2022, the Arts Commission updated their Statement on Cultural Equity7, which reads: 2 Cohen, Randy. 10 Reasons to Support the Arts in 2021. Americans for the Arts. March 2021. 3 Parks, Dan. General Operating Support is Vital to Advancing Equity, Strengthening Nonprofits, Leaders Say. The Chronicle of Philanthropy. April 12, 2022. 4 City of Boulder Community Cultural Plan (adopted 17, November 2017), https://boulderarts.org/wp- content/uploads/2015/11/Community-Cultural-Plan-11-17-2015.pdf?x64198 5 Community Cultural Plan (2015) pg. 54 6 Community Cultural Plan (2015) pg. 77 7 Boulder Arts Commission Statement on Cultural Equity (adopted 16, March 2022), https://boulderarts.org/wp- content/uploads/2022/08/2022-Statement-on-Cultural-Equity-FINAL-03-16-2022.pdf Information Item A - 2024 Cultural Grants 3 Packet Page 126 of 138 Racial Equity impacts every aspect of society. It is a generational project that involves every person in the city of Boulder. It is a project that requires shifts, not only in law, policy and regulation, but also in language and visual images, the stories that we tell, and the heroes we celebrate. These cultural ingredients will amplify the work of Racial Equity by strengthening the connections between, resilience of, and justice for, everyone in our community. Therefore, the work of artists and cultural leaders are foundational for progress on Racial Equity. The grantmaking process is continually reviewed and updated with tactics to counter systems of systematic racism in community funding. It is also focused on outcomes; the application and scoring of the grants encourage deep equity practice among our artists and nonprofits. The administration of the cultural grants program is the responsibility of the Community Vitality Department’s Office of Arts and Culture. The Boulder Arts Commission is responsible for decisions on the distribution of grant funds. On Sept. 19, 2017, City Council adopted Ordinance 8207 amending Chapter 14-1, “Arts Grant Program,” 1981 B.R.C.8, which states: The [arts] commission has final authority for approval of arts grant funding distributions. The commission may delegate authority for funding distributions to the city manager. This year’s grants were awarded based on criteria established by the Boulder Arts Commission. Most categories of grants have been selected using a competitive process by members of the Arts Commission. In the case of the Professional Development Scholarships, the Venue and Online Event Affordability Fund, Grant Writing Assistance Fund, and the Cultural Field Trip Fund, the Arts Commission uses non-competitive administrative review (decision based on a formula, administered by staff under the delegation authority described above, and reported to the commission). As in years past, the Arts Commission has made improvements to the transparency, rigor, equity, and stewardship of the program. The Arts Commission is proud of the work it has done through this year’s grant cycle and is enthusiastically grateful to the organizations and artists that are leveraging the funding for our community. FISCAL IMPACT The Cultural Grants Program is a planned program, and $1,049,987 was assigned as ongoing funding in the 2024 budget. There are no additional impacts to the city budget or staff capacity. In March 2023, City Council added $100,000 of additional, one-time, multi-year funding to the grant program. These funds were awarded by the Arts Commission to support awards of General Operating Support Grant Funds to five organizations. These five organizations (denoted by asterisks in the General Operating Support Grants section of this document) scored high enough to merit funding in 2022, but funds did not accommodate awarding them grants. They were awarded two-year grants (for 2023 and 2024). 8 To read the full Revised Code Title 14, visit: https://library.municode.com/co/boulder/codes/municipal_code?nodeId=TIT14AR Information Item A - 2024 Cultural Grants 4 Packet Page 127 of 138 Additional American Rescue Plan Act grant funding was added in March of 2023 as one-time funding. $150,000 was assigned as additional funding to the 2023 budget. The funds were dedicated to Artist Hiring Incentive Funds and additional Venue and Online Event Affordability Funds, as the grant has a significant, demonstrable need in the industry. These funds were divided equally between 2023 and 2024. COMMUNITY SUSTAINABILITY ASSESSMENTS AND IMPACTS • Economic – There are three primary ways the Cultural Grants Program affects Boulder’s economy: audience spending, workforce, and direct spending by organizations. Our understanding of the arts sector of the economy is mostly derived from studies conducted before the pandemic and provide a baseline of normal conditions in Boulder. This year, Americans for the Arts published the latest Arts and Economic Prosperity (AEP6) study. Americans for the Arts, an industry trade group, has conducted this research since 2016 in hundreds of regions across the nation, including Boulder. While past evaluations focused primarily on the nonprofit arts and culture industry’s financial, economic, and tourism contributions, AEP6 further considers the industry through equity and livable community lenses. Using data from the past two years, AEP6 reveals: 1.9 million people visited cultural attractions in Boulder, 64% of which were Boulderites. - 87.9% of nonlocal attendees reported that the primary purpose of their visit to Boulder was “specifically to attend the performance, event, exhibit, venue, or facility” where they were surveyed. - 36% of people came from outside the city limits, bringing with them about $46.97 per person (84% more than locals spent) in “new money” that leads to continuing effects as each dollar travels through the economy. That amount goes up to about $196/person when they stayed at a hotel. AEP6 expands the understanding of the cultural workforce by examining the entire marketplace of organizations. As a sector in 2022, cultural nonprofits generated: - 2,451 jobs - $80.0 million in household income for local residents - $21.9 million in tax revenues to local, state, and federal governments. Finally, AEP6 reported that the direct spending of cultural organizations is a healthy part of Boulder’s economy. For the entire sector, AEP6 described the total economic impact of the arts to be just under $115 million, over four times that for other cities our size. That includes just over $4.6 million in local tax revenue.9 • Environmental – The cultural activity that is supported by the Cultural Grants Program is a keystone element of city life: 9 For more information on Arts and Economic Prosperity 6, and to read Boulder’s full report, visit: Information Item A - 2024 Cultural Grants 5 Packet Page 128 of 138 Cultural organizations and practicing artists add vibrancy to the social offerings that are critical infrastructure for city life. Our community will build a foundation of livability, and thus attachment to Boulder, on the programs offered by these creative leaders.10 This “attachment” to Boulder may be one of the factors which motivate our residents to take critical action on climate change. Arts and culture are also directly foundational to climate action and adaptation. It is a generational project to remake how we conduct city life: the way our city will be built; telling the stories and celebrating the heroes of our climate future; the images, sounds, and words that will inspire a frame of mind necessary to take bold action. This is the work of artists, authors, architects, musicians, and creatives of all kinds. In this way, the arts are necessary for success in climate action. Boulder’s Cultural Grants Program is among the tools available to city government for encouraging this change. • Social – The Community Cultural Plan describes the elements of social cohesion and social infrastructure which are enhanced by the Cultural Grants Program: Communities that gather for cultural activities know their neighbors and check up on each other. These connected neighborhoods may be safer and more resilient. Opportunities for creative expression are a part of community health that is offered by the variety of cultural organizations that call Boulder home. The variety and diversity of social offerings, and the degree to which they are a welcoming part of everyday life, is a priority. These concepts are measured in part through the latest Boulder Community Survey published in 2023. In that survey, over 75% of residents positively rated cultural, arts, and music activities in the city.11 Finally, social impacts of the entire grants program, its structure and outcomes, are being assessed and improved through the principles defined in the Statement on Cultural Equity, initially adopted by the Boulder Arts Commission in 2016 and updated in 2022.12 BACKGROUND GRANT TYPE CATEGORY 13 # OF GRANTS GRANT AMOUNT CATEGORY BUDGET 10 The “Connections to the Sustainability Framework” document can be found in the attachments to the Community Cultural Plan on page 130: https://bouldercolorado.gov/community-cultural-plan 11 To read the full Community Survey, visit: https://bouldercolorado.gov/projects/community-survey. 12 To read the full Statement on Cultural Equity, visit: https://boulderarts.org/wp- content/uploads/2016/12/Statement-on-Cultural-Equity.pdf 13 $100,000 in GOS funds were added in March 2023. Funds awarded for two years (2023 and 2024). $21,000 in Venue and Online Event Affordability Fund awards were added in March 2023 from American Rescue Plan Act (ARPA) funds.$54,000 in Artist Hiring Incentive Grants were added in March 2023 from American Rescue Plan Act (ARPA) funds. Information Item A - 2024 Cultural Grants 6 Packet Page 129 of 138 GENERAL Extra Large Orgs (2022) 8 @ $50,000 $400,000 OPERATING Extra Large Org (2023) 1 @ $26,035 $26,035 SUPPORT Large Orgs (2022) 9 @ $20,000 $180,000 Large Org (2023) 1 @ $10,414 $10,414 Mid Orgs (2022) 8 @ $10,000 $80,000 Mid Org (2023) 1 @ $5,207 $5,207 Small Orgs (2022) 12 @ $8,000 $96,000 Small Orgs (2023) 2 @ $4,166 $8,331 PROJECT Community Projects - Orgs 6 @ $10,000 $60,000 GRANTS Community Projects – Indv 5 @ $5,000 $25,000 Arts Education 10 @ $3,000 $30,000 STRATEGIC FUNDS Venue and Online Event Affordability Fund 37 @ ~ $1,000 $37,000 Artist Hiring Incentive Grants 18 @ $3,000 $54,000 Risk Capital Fund on hold on hold $0 SCHOLARSHIPS Professional Development Approx. 16 @ ~ $500 $8,000 Leadership Pipeline Fund 2 @ $8,000 $16,000 Cultural Field Trips 5 @ ~ $2,000 $10,000 SPONSORSHIPS Assistance for Grant Writing 8 @ $500 $4,000 TOTAL $1,049,987 General Operating Support Grants GOS Grants bolster the sustainability of the community’s cultural organizations; a system of operational grants which is a priority for the cultural grants program. This system of institutional funding supports the community priorities and goals in the Community Cultural Plan 14. GOS Grants cover day-to-day activities or ongoing expenses such as administrative salaries, utilities, office supplies, technology maintenance, etc., as well as project costs, technology purchases, and professional development. The Boulder Arts Commission GOS Grants are awarded on triennial cycles. During this interim phase of that cycle, the Arts Commission recertified all the grant recipients to receive funding for another year. In 2023, $100,000 was added to the grant funding in March and awarded to five additional organizations. These funds funded GOS awards for two years (2023 and 2024). These recertified organizations contain an asterisk after their name below. On the motion to recertify General Operating Support Grants for Extra Large organizations, the Arts Commission voted unanimously February 28, 2024. Organizations with an asterisk were awarded $26,035 over a two-year cycle. Extra Large Organization Recertified Grants (2024) $50,000 awarded to each − Boulder Museum of Contemporary ArtBoulder Museum of Contemporary Art 14 City of Boulder Community Cultural Plan (adopted 17, November 2017), https://boulderarts.org/wp- content/uploads/2015/11/Community-Cultural-Plan-11-17-2015.pdf?x64198 Information Item A - 2024 Cultural Grants 7 Packet Page 130 of 138 − Colorado Chautauqua AssociationColorado Chautauqua Association − Colorado Music Festival and Center for Musical ArtsColorado Music Festival and Center for Musical Arts − Colorado Shakespeare FestivalColorado Shakespeare Festival − Dairy Arts CenterDairy Arts Center − eTowneTown − KGNU Community RadioKGNU Community Radio − Parlando School of Musical ArtsParlando School of Musical Arts − Boulder Philharmonic Orchestra* On the motion to recertify General Operating Support Grants for Large organizations, the Arts Commission voted unanimously in favor on February 28, 2024. Organizations with an asterisk were awarded $10,414 on a two-year cycle. Large Organization Grants (2022) $20,000 awarded to each − Boulder International Film Festival − Butterfly Effect Theatre of Colorado − Frequent Flyers Productions, Inc. − JLF Colorado − Junkyard Social Club − Local Theater Company − Motus Theater − Museum of Boulder − Studio Arts Boulder − Boulder Ballet * On the motion to recertify General Operating Support Grants for Mid-sized organizations, the Arts Commission voted unanimously in favor on February 28, 2024. Organizations with an asterisk were awarded $5,207 on a two-year cycle. Mid-Sized Organization Recertified Grants $10,000 awarded each − 3rd Law Dance/Theater − Art Parts Creative Reuse Center − Boulder Chorale − Boulder Metalsmithing Association − EcoArts Connections − Street Wise Arts − The Catamounts − The Spark − Greater Boulder Youth Orchestras * On the motion to recertify General Operating Support Grants for Small organizations, the Arts Commission voted unanimously to award these grants on February 22, 2024. Organizations with an asterisk were awarded $4,166 on a two-year cycle. Information Item A - 2024 Cultural Grants 8 Packet Page 131 of 138 Small Organization Recertified Grants $8,000 awarded each − Band of Toughs − Boulder MUSE − Boulder Opera Company − Boulder Samba School − Cantabile Singers − Colorado MahlerFest − Creativity Alive − east window − NoBo Art District − Pro Musica Colorado Chamber Orchestra − Sans Souci Festival of Dance Cinema − T2 Dance Company − Lemon Sponge Cake Contemporary Ballet * − The Big Dream * Community Project Grants The purpose of the Community Project Grant is to encourage programs and events in the community which provide innovation and exploration to achieve progress on the community priorities found in the Community Cultural Plan. In 2024, $85,000 is dedicated to Community Project Grants. This program is divided into grants for organizations and individual artists. The program budget allowed for the funding of six grants to organizations at $10,000 and five grants to individuals at $5,000 each. On the motion to approve Community Project Grants for organizations, the Arts Commission voted unanimously to award these grants on May 29, 2024: − BaoBao Foundation, Akoma Ntoso - Coexistence, $10,000 − Empathy Theatre Project, “We’re Still Here: A New American Musical” —Performances & Development, $10,000 − Motus Theater, Youth Behind & Beyond Bars: Stories from the Juvenile Justice System, $10,000 − Roots Music Project Foundation Inc, Artist Incubator Program Support, $10,000 − Street Wise Arts, Street Wise Mural Festival, $10,000 − Viva Theater, VIVA Theater Lab, $10,000 On the motion to approve Community Project Grants for Individuals, the Arts Commission voted unanimously (with one recusal) to award these grants on May 29, 2024. ­ Chelsy Albertson, Boulder Pop Choir, $5,000 ­ Dance with Georgia, Brown Sugar Nutcracker, $5,000 ­ Ivan-Daniel Espinosa, MycoMorphosis: Dancing with Fungi (a multimedia Bio-Art installation), $4,500 ­ Mary Martinez, Hear Us Now See Us Now Cultural Sewing Circle, $5,000 Information Item A - 2024 Cultural Grants 9 Packet Page 132 of 138 ­ Merlyn Holmes, SEEN, $5,000 (Creativity Alive) ­ Arts Education Grants In 2024, $30,000 is dedicated to Arts Education Project Grants. The Arts Education Project Grant provides opportunities for children in Boulder to have unique experiences with practicing artists, access to tools and techniques, or improved instruction in the creative professions. The goal of the grant is to increase the exposure of students to unique and memorable experiences that may shape their future in cultural participation and creative careers. On the motion to approve the Arts Education Grants, the Arts Commission voted unanimously (with one recusal) to award these grants on June 26, 2024. − Boulder International Film Festival, Colorado Film Society Educational Outreach Program, $3,000 − Boulder Opera Company, Xochitl las nina de las flores: workshop and opera at schools, $3,000 − Boulder Philharmonic Orchestra, Joshua School Collaboration, $3,000 − Colorado Shakespeare Festival, Shakespeare & Violence Prevention, $3,000 − Dairy Arts Center, Creative Nations Youth Cultural Arts Workshops, $3,000 − Junkyard Social Club, Boulder County’s STEAMFest, $3,000 − Luna Cultura, art, science, and culture for thriving communities, Arte, Cultura del Buen Trato y Bienestar, $3,000 − Open Studios, Nature Journaling for STEAM Education, $3,000 − The Catamounts, Residencies at Douglass and Heatherwood Elementary Schools, $3,000 − The Cultural Caravan, Family Concerts at the Boulder Public Library, $3,000 Professional Development Scholarships In 2024, $8,000 is dedicated to Professional Development Scholarships. The scholarships encourage leadership and the sharing of good practices through professional development that will advance our creative economy, support professionals and businesses, and enhance cultural dialog. The Arts Commission has distributed assistance funds to artists and cultural leaders to attend workshops, conferences, and classes that will advance their professional skills and have a positive impact on their ability to support the community. Under direction from the Arts Commission, these decisions are made by administrative review. The first round of scholarships was awarded on March 18, 2024; the second was awarded May 28, 2024. Below is the full list of grantees: - Margaret Saunders, Colorado Creative Industries Summit, Pueblo, CO, $500 - Wendy Kinal, North American Federation of Healthcare Clowning Organization's Meeting of the Noses (conference), Montreal, Quebec, Canada, $1,000 - Sondra Blanchard, North American Federation of Healthcare Clowning Organization's Meeting of the Noses (conference), Montreal, Quebec, Canada, $1,000 - Caroline Butcher, Uprooted Teacher's Workshop, New York City, NY, $1,000 - Belgin Yucelen, Arctic Residency in Longyearbyen, Svalbard, Sweden, $1,000 - Brian Jack, International Double Reed Society Conference 2024, Flagstaff, Arizona, $800 - Bridget Ryan, b12 Dance Festival in Berlin, Germany, $1,000 Information Item A - 2024 Cultural Grants 10 Packet Page 133 of 138 - Mimi Kruger, The League of American Orchestras’ 79th National Conference, Houston, TX, $700 - Soleil Lohl, Principles of Eccentric Performance with Avner Eisenberg, South Paris, Maine, $1,000 Venue and Online Event Affordability Fund In 2024, $16,000 is dedicated to the Venue and Online Event Affordability Fund. The fund is intended to facilitate and assist community cultural groups with access and affordability of performance venues and hosting online programming. The fund offers support in the form of rental assistance, and/or equipment for hosting online programming, such as video software, cameras, or tech support. Also, the agreement continues with the University of Colorado allowing the Arts Commission to distribute 16 fee-waived rentals of Macky Auditorium. New this grants cycle, the Arts Commission has partnered with eTown Hall to distribute 12 fee- waived rentals throughout the year, and with the Roots Music Project to offer up to 11 days per calendar year of rent-free space at that venue. This is complemented by supplementary funds to help organizations and artists to afford the secondary costs of rental, including fees for technicians, security, and ushers. The Venue and Online Event Affordability Fund program was quite successful with all funds being fully awarded by the end of April 2024. There are still fee waivers available. Under direction from the Arts Commission, these decisions are made by administrative review. Below is the full list of grantees: The Catamounts, FEED: Dry, Dairy Arts Center, $1,000 − Boulder Philharmonic Orchestra, “The Best of Boulder,” 2023-24 Masterworks Series Concert #4, Macky Fee Waiver and $1,000 − NAACP Boulder County Branch, 2024 NAACP of Boulder County Annual Freedom Fund Celebration, Macky Fee Waiver and $1,000 − Parlando School for the Arts, Parlando Summer Staged Shows, Dairy Arts Center, $1,000 − Rainbow Socks, "Hey, Alice!" Album Release Kids' Concert, Dairy Arts Center, $1,000 − LOCAL Theater Company, acts of faith, a new play by David Yee, Dairy Arts Center, $1,000 − Cantabile Singers, Something Known and Something New, First Congregational Church and online, $570 − Sans Souci Festival of Dance Cinema, Season Premiere, Museum of Boulder, $1,000 − Pro Musica Colorado Chamber Orchestra, Nicolò, Mountain View United Methodist Church, $1,000 − The Mariposa Collective, Emergence, Dairy Arts Center, $1,000 − Mi Chantli, Mexica New Year, Mi Chantli, $1,000 − Greater Boulder Youth Orchestras, Fall Concert 2024, Macky Fee Waiver and $1,000 − VIVA Theater, Talking With…, Dairy Arts Center, $1,000 − Fairview Band Booster Organization, Fairview Evening of Jazz, eTown Hall, $875 − Frequent Flyers Productions, Enérgeia: the bright unbearable realities, Dairy Arts Center, $1,000 − Boulder Chamber Orchestra, 2024 Season, Boulder Seventh Day Adventist Church, $1,000 Information Item A - 2024 Cultural Grants 11 Packet Page 134 of 138 − Boulder Chorale, Fiesta de las Luces, First United Methodist Church, $1,000 − Miriam Paisner, Hawaiian Hula Performance Classes, The Spark, $1,000 − Trash the Runway, Trash the Runway - Recycled Couture, Macky Auditorium, $1,000 − Boulder Ballet, MINDFIELD, Dairy Arts Center, $1,000 − Colorado MahlerFest, MahlerFest XXXVI, Mountain View United Methodist Church, $1,000 − Rocky Mountain Revels, Christmas/Midwinter Revels, Dairy Arts Center, $1,000 − T2 Dance Company, T2 Tales, Dairy Arts Center, $959 − Creativity Alive, Online Creativity Alive program streaming, $1,000 − Maji Safi Group, eTown Hall, $1,000 − Lemon Sponge Cake Contemporary Ballet, Leopoldstadt 1020, Dairy Arts Center, $1,000 − Boulder Opera Company, Operatizers: North American chamber operas, Dairy Arts Center, $1,000 − Future Arts Foundation, Bluebird Music Festival, Macky Auditorium, Macky Fee Waiver and $1,000 − Shreya Venkatesh, Tribhangi, The Spark, $950 − Duncan Coker, Album Release event, Roots Music Project, $590 − Vani Sundaram, Community Roots Art Festival, Visionquest Brewery, $1,000 − Over the Sun Productions, InnerStellar Temple Journey, Fiske Planetarium at CU Boulder, $1,000 − Wild Heart Dance, One Lost Song, The Nomad Playhouse, $1,000 − Empathy Theatre Project, We're Still Here in Concert: Original Cast and Composer Live Album, eTown Fee Waiver and $1,000 − Ars Nova Chamber Singers, Fruition: Shared Visions, Dairy Arts Center, $1,000 − The New Local, "At the Annex" Interview Series Pilot and Second Episode, The New Local for YouTube, $1,000 − 3rd Law Dance/Theater, 3rd Law Dance/Theater Dance presents INTERZONE with the Dance for Parkinson’s Program, Swoon Art House & online, $1,000 Cultural Field Trips Fund In 2024, $10,000 is dedicated to the Cultural Field Trip Fund. In collaboration with the Boulder Valley School District (BVSD), the funds help teachers at BVSD Title 1 schools to clear the path for their students to have that first, formative experiences with the arts. Given that an early introduction to culture is the main indicator that a person will support and engage with the arts as an adult, this fund is intended to address inequities in access to those critical early cultural experiences. The application for the funds is ongoing; applications tend to arrive in the fall after teachers returned for the new school year. There are three approved applications to-date, and staff expects to expend the remaining funds shortly. The fund is intended to support children who attend a Title 1 school to visit Boulder’s arts institutions and cultural destinations. The grant is used by school classrooms to offset costs for transportation, admission, tickets, or other fees for field trips to Boulder cultural destinations. Under direction from the Arts Commission, these decisions are made by administrative review. The awards are approved on a first come, first served basis. Below is a list of grantees to-date: - Justice High School (classroom of Sarah Clifford) to Dairy Arts Center to see “What the Constitution Means to Me”, Boulder Ensemble Theatre Company, $1,160 Information Item A - 2024 Cultural Grants 12 Packet Page 135 of 138 - Emerald Elementary (classroom of Amber Billington) to eTown Hall to see Pinocchio Opera, Boulder Opera Company, $1,800 - Columbine Elementary (classroom of Stephanie Fida) to Macky Auditorium to see a Discovery Concert, Boulder Philharmonic Orchestra, $575 Leadership Pipeline Fund Scholarship The Leadership Pipeline Fund Scholarship began in 2023. That Spring, the Arts Commission requested that the funds for the University of Colorado at Boulder Certificate in Arts Management program and Equity Funds be merged into one grant, to 1) be more broadly supportive of emerging arts leaders and, 2) expressly support young leaders from underrepresented communities in Boulder. The award provides financial support and professional development opportunities for emerging leaders who will focus their career in the arts on increasing diversity, improving equity, and elevating the voices of historically underrepresented groups in the arts and culture sector. The scholarship provides funding for individuals attending undergraduate or graduate studies, joining leadership training programs, and partaking in internship opportunities that will help scholarship recipients gain the skills and connections necessary to succeed in advancing equity in the arts. The program’s selection criteria consider a number of factors including, but not limited to: applicants’ identification as a member of an underserved community and commitment to pursuing a career with an equity focus in arts leadership. Preference will be given to applicants who have limited access to traditional leadership development opportunities due to financial, social, or cultural barriers. The Arts Commission dedicated $16,000; two scholarships of $8,000 each. This furthers goals in the Cultural Plan in support of sustainable cultural organizations and artists. When the Arts Commission met to award the scholarships, Jeffrey Kash nominated Adriana Paola Palacios Luna. Georgia Schmid made the motion to award, and all voted in favor with one abstention. Kash then nominated Ivan-Danield Espinosa. Maria Cole made the motion to award, and all voted in favor with one abstention. Both were awarded July 31, 2024: - Adriana Paola Palacios Luna, Graduate Certificate in Equity, Diversity, Inclusion, and Belonging Leadership, Harvard Extension School, $8,000 - Iván-Daniel Espinosa, University of Colorado Boulder Theater and Dance PhD program, $8,000 Grant Writing Assistance Fund In 2024, $4,000 is dedicated to the Grant Writing Assistance Fund. It is the goal of this new support fund is to balance the competitiveness of the grants by providing opportunities for first- time applicants and those who have not received a grant through the Boulder Arts Commission to hire professional grant writing assistance. Under direction from the Arts Commission, these decisions are made by administrative review. The awards are approved on a first come, first served basis. Below is a list of grantees: − Adam Kroll, $500 Information Item A - 2024 Cultural Grants 13 Packet Page 136 of 138 − Allison Wang, $500 − Boulder Taiko / Julia Misawa, $500 − Emily Braucher, $500 − Lucia De Giovanni, $500 − Rising Phoenix Reiki, $500 − Treva Ashley, $500 AMERICAN RESCUE PLAN ACT FUNDS In 2024, $279,000 was dedicated from the American Rescue Plan Act to fund Workforce Incentive Grants. These grants respond to industry-specific, pandemic-related workforce impacts through targeted grants to nonprofits. The creative industries represent approximately 10% of the workforce in Boulder 15. This sector was disproportionately impacted by the pandemic; one study by Americans for the Arts cites that, as of April 2022, arts jobs are still down -10% since pre- pandemic. Also, Johns Hopkins University reports that, as of December 2021, the percentage of job losses at nonprofit arts organizations remains more than 3 times worse than the average of all nonprofits (-12.5% vs. -3.7%)16. It has been observed that the industry continues to lag behind other sectors in workforce recovery. In collaboration with the Arts Commission, the funding was dedicated to two grant categories over two years (2023 and 2024). First, $108,000 ($54,000 each year) was dedicated towards a hiring incentive for nonprofits to employ Boulder-area visual, performing, and literary artists to perform or create new work (Artist Hiring Incentive Grant). Second, the remaining $42,000 ($21,000 each year) was dedicated to the Venue and Online Event Affordability Fund. The grantees for the Venue Fund category are integrated into the list above. Artist Hiring Incentive Grant The Artist Hiring Incentive Grant encourages nonprofits to employ Boulder-area visual, performing, and literary artists to perform or create new work. Under direction from the Arts Commission, these decisions are made lottery style following administrative eligibility review. Below is a list of grantees to-date: Artist Hiring Incentive Grant – Round One Awarded February 9, 2024 − east window, Exhibition: Multimedia Work by Anna Tsouhlarakis, $3,000 − Greater Boulder Youth Orchestras, 2024 Autumn Concert, $3,000 − Lemon Sponge Cake Contemporary Ballet, Where is the Love, $3,000 − T2 Dance Company, Lost & Found (revamped), $3,000 − The Catamounts, Teacups and Tiny Dictators, $3,000 − The Cultural Caravan, Boulder artists for The Cultural Caravan's 2024 Season, $3,000 Artist Hiring Incentive Grant – Round Two Awarded March 22, 2024 15 WESTAF Creative Vitality Snapshot for the City of Boulder, 2017. 16 Americans for the Arts: COVID-19’s Pandemic's Impact on The Arts: Research Update, May 12, 2022 Information Item A - 2024 Cultural Grants 14 Packet Page 137 of 138 − Creativity Alive, art for SEEN @ BPL's Canyon Gallery, $3,000 − Dance with Georgia, Brown Sugar Nutcracker, $3,000 − Mi Chantli, Writer's Block/Poetry with Changa, $3,000 − NoBo Art District, The Boulder Podcast, $3,000 − Parlando School of Musical Arts, Recording Studio Coordinator, $3,000 − Sans Souci Festival of Dance Cinema, Dance is Like a Fine Wine and Season Premier, $3,000 Artist Hiring Incentive Grant – Round Three Awarded May 3, 2024 − Boulder Metalsmithing Association, Sample Creation for BoMA Students, $3,000 − Boulder Museum of Contemporary Art, MycoMorphesis: Dancing with Fungi (working title), $3,000 − Boulder Philharmonic Orchestra, Boulder Phil 2024 - 2025 Season Artist Support, $3,000 − eTown, Nick Forster's Hippy Bluegrass Church, $3,000 − Mesa Elementary, Mesa Oasis Mural, $3,000 − Rocky Mountain Chorale, Rocky Mountain Chorale Commissioned Piece, $3,000 LINKS TO REFERENCED DOCUMENTS - 2024 Grant Program Fund Structure - 2024 Grant and Meetings Schedule - 2024 Grant Scoring System and Rubric - General Eligibility Requirements - General Grant Guidelines & Process - Grant FAQs - Community Cultural Plan - Statement on Cultural Equity - Arts & Economic Prosperity 6 (AEP6) NEXT STEPS The process to design and implement the 2025 cycle is in progress, and as follows: - July – October: The Arts Commission began to review the 2024 grant program, including input from grantees and the public, in July. Staff brought recommendations to the Commission in July, August, and September for review and decision. The final 2024 grant program will be approved at the October 2024 meeting. - November 15, 2024 – Grant applications open for review at boulderarts.org - November 16 at 11:30 a.m. at location TBD - Info session for the public - December 13 at 4:00 p.m. on Zoom - Info session for the public - January 1, 2024 – Grant applications open - January 22, 2025 - Commission Grants Program training for the grants panel from 4 to 6 p.m. at the Office of Arts + Culture Offices Information Item A - 2024 Cultural Grants 15 Packet Page 138 of 138