Correspondence Handouts
Winter, Molly
From: Osborne, Susan
Sent: Thursday, March 03, 2011 12:33 PM
To: HOTLINE
Cc: Richstone, Susan
Subject: some thoughts about Chautauqua, post study session
Dear Colleagues,
I missed the Chautauqua study session and so haven't had much of a chance to share my thoughts with you. I
know I have more learning to do and more ideas and concerns to hear and consider. There will be a lot of
opportunities this spring and beyond so please view these thoughts as preliminary. Also, please forgive if some
of my points were a part of your February discussion...
1. It seems important to me that in any forum where we are talking about Chautauqua it be made crystal clear
that these early meetings in no way indicate preliminary approval of building plans. I believe at this point we
are all learning; the first piece is to have a good outline of the steps in a deliberative process for consideration of
changes to this beloved place.
2. The city owns most of the public buildings, the land under them and the land under the cottages. We are
ultimately responsible for changes to our property and need to balance what's good for the non-profit Colorado
Chautauqua Association with what's good for the community if there is a conflict.
3. At our first quick look at the Chautauqua Association's strategic plan and proposed new building, I asked to
have a copy of our lease with the association. My desire was to understand the city's authority (Council,
Planning Board, LPAB, PRAB, OSMP) in relation to the Chautauqua Association, an independent non-profit
that leases cottages, maintains the property and runs Chautauqua's programs. While the Council has a couple of
appointees to the board, most board members are membership-elected. There is always a director that represents
the cottagers and the directors themselves choose three of the directors. The 15 member group serves as the
board of directors of the non-profit. The Association's board functions without the transparency that is required
by city boards.
My point is that the Chautauqua board of directors is distinctly different from our council appointed boards.
The very make up of the board suggests a group whose mission is focused on the running of the non-profit, not
a group whose mission is to represent the interests of the larger community. That is our responsibility.
4. I have reread the Chautauqua design guidelines and the wonderful cultural landscape assessment
(http://cli~iulaLigLia.Ct)1111L1dl1C`liautaugual.andsc:il)(:'lssessiiiem2004. )(1 I couldn't find a reference to the
addition of a new significant building in either document, so there is little adopted guidance about how to
proceed. There is certainly no assumption that significant new buildings should be added. I know many folks
have suggested the need to revisit and consider changes to the design guidelines, and it seems to me that this
should happen forthwith.
I toured Chautauqua last summer with Phil Shull and Susan Connelly. It does seem to me that moving the
back-of-house operations from Primrose Cottage makes sense and more public bathrooms near to the
auditorium is a great idea. We also need to come to an understanding and, hopefully, a resolution of the parking
issues, both as it affects program patrons and cottagers and as it affects nearby neighborhoods.
I believe that we are fortunate to have a good partner in the Colorado Chautauqua Association, and no
comments above should be construed otherwise. Many of us remember when our Chautauqua was a very
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different place and when rehabilitating the decrepit Auditorium and Dining Hall were Community Development
Block Grant projects. My, how far we've come. On the other hand, the building that was shown to us in
February is approximately the same size as the Dining Hall, the Academic Hall and the Community House. As
responsible stewards, we really must take seriously this new proposal and begin an open and public discussion
about the way forward.
Finally in closing, if changes to our lease are proposed (for example, if new construction is approved),1 think
we might consider a larger lease payment. With our Parks Department strapped for funds, an agreement to
reinvest an increment of a lease payment in parks maintenance and improvements makes sense to me.*
Best,
Susan
* Chautauqua may already subsidize Parks' budget here... In which case, we could formalize an agreement in a
revised lease.
Susan M. Osborne, Mayor
Boulder, Colorado
303-447-3280
"Yes We Can"
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Winter, Molly
From: Ferro, Charles
Sent: Thursday, March 03, 2011 4:00 PM
To: Llanes, Sandra
Cc: Winter, Molly; Cunningham, Ellen
Subject: Re: Contact today re; Ice Cream Truck
42 seems fair. Thx
Charles Ferro
Sent from my iPhone
On Mar 3, 2011, at 3:58 PM, "Llanes, Sandra" <LlanesS'a)bouldercolorado.gov> wrote:
Hey Charles,
Hope you're having fun at the conference,
Any thoughts on hove this ice cream truck applicant should be handled?
1, The city could advise her to come back when the ordinance passes or
2, The city proceeds as we have in the past and allow her to go through the process and apply for a
sales tax license.
Sandra
From: Ferro, Charles
Sent: Thursday, March 03, 2011 11:31 AM
To: Llanes, Sandra
Cc: Winter, Molly; Cunningham, Ellen
Subject: Re: Contact today re; Ice Cream Truck
Sandra, l totally agree. Thx
Charles Ferro
i
Sent from my iPhonc
On Mar 3, 2011, at 11:26 AM, "Llanes, ,Sandra" <LlanesSLbbouldercolorado.gov> wrote:
I'm glad this has come up because it gives us an opportunity to discuss before heading
into PB or council.
The proposed ordinance defines a mobile food truck as:
9-16-1 General Definitions.
"Mobile Food Vehicle" means a readily movable, motorized-wheeled
vehicle or a towed vehicle designed and equipped to prepare, or serve,
and sell food, but which does not include mobile vending carts as defined
in section 4-18-4, "University Hill Mobile Vending Cart Permit," and
section 4-11-12, "Mobile Vending Cart Permit," B.R.C. 1981.
Molly, your recollection is correct, there are no time limits. The definition as proposed
above includes roach coaches (selling prepackaged food) and ice cream trucks (selling
prepackaged ice cream). This means that ice cream trucks would be regulated under
the same rules as food trucks. They would not be able to sell where they now sell
(residential, near parks, public spaces, etc), unless of course we created another
exception in our proposed ordinance.
The policy which P&DS has previously relied on in addressing ice cream trucks is derived
from the following language found in Chapter4-10-1 "Itinerant Merchant. License":
Persons distributing information in the exercise of their first amendment rights
and businesses such as newspaper and milk deliveries, trash collection, and
linen services that are engaged in selling and delivering goods or services by
vehicle over a fixed route from previous orders or on a regular schedule are
exempt from the license requirement.
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CAO reviewed the policy and determined that it wasn't legally supportable to continue
interpreting the code in this way. I thought the goal was to move away from relying on
the "policy" and creating a real legal basis to allow these types of uses. If that is still
true, then we need to make sure that our current ordinance covers all the different
scenarios and forget about the policy.
With regard to the current inquiry on i/c trucks, my "legal" answer is that it is not an
allowed use. But that doesn't feel like the fairest way to handle this. Perhaps the best
thing to do is to continue to handle it the way we have in the past until things are
settled with the ordinance.
I understand that Charles is out of the office at a conference. It would be great if we
were able to get some feedback from Charles before we responded. Is there anyway
this can be held off for a few days?
Sandra
Sa7id.Ya 'AI. I Cartes
A sistant City -Attorney
City of Boukter
303-441-3020
:303-441-3859 fax
CONFIDENTIALITY NOTICE: This electronic message transmission contains information
from an attorney which may be confidential or protected by the attorney-client privilege and/or the
work product doctrine. If you are not the intended recipient, please be aware that any disclosure,
copying, distribution or use of the content of this information is prohibited. If you have received
this communication in error, please notify this office immediately by e-mail and delete the original
message. 'T'hank you.
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From: Winter, Molly
Sent: Thursday, March 03, 20119:36 AM
To: Llanes, Sandra; Cunningham, Ellen; Ferro, Charles
Subject: RE: Contact today re; Ice Cream Truck
Whatever the current practice, I believe the intent of the mobile food vending
ordinance is to deal with vehicles that prepare and serve food in industrial or
commercial zones - with the public/private caveat. We did not set a minimum amount
of time, to my knowledge or recollection, but only a maximum. Charles has already
stated that roach coaches or mobile catering trucks would be covered under this
ordinance. So, my thought is if an ice cream truck wanted to follow the ordinance
requirements and be in the industrial and commercial zones and submit the application
and pay the fee - great!
I do not know the pros and cons of an ice cream truck operating in neighborhoods
(other than being a parent!) and my understanding is that they operated as an itinerant
merchant, but again, I am not familiar with that regulation.
Is that clear as mud?
Best
Molly
<image041.jpg>
From: Llanes, Sandra
Sent: Thursday, March 03, 2011 9:00 AM
To: Cunningham, Ellen; Ferro, Charles
Cc: Winter, Molly
Subject: RE: Contact today re; Ice Cream Truck
I would hold off before calling her because it is not clear to me what our position is. The
current code doesn't allow for it but I believe P&DS's position has always been to turn a
blind eye.
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Do you know for sure that it is an ice cream truck.... it's not apparent from Mishawn's
email to you.
From: Cunningham, Ellen
Sent: Thursday, March 03, 20116:21 AM
To: Ferro, Charles
Cc: Llanes, Sandra
Subject: Fwd: Contact today re; Ice Cream Truck
Hi
So Mishawn is referring this ice cream truck inquiry to me. I will tell her I/C
trucks aren't allowed. Can't remember if we were going to deal with this in the
future? Any words of wisdom? Thanks.
Ellen
Sent from my Whone
Begin forwarded message:
From: "Cook, Mishawn" <coolcm(a),bouldereolorado.~,"ov>
Date: March 2, 20116:13:15 PM MST
To: "Cunningham, Ellen" <Cunnin shamE u, bouldercolorado.bov>
Subject: Contact today re; Ice Cream Truck
Hi Ellen, I woman came to the Muni Bldg today and was interested
in a mobile food truck so I told her that I would give you her name,
number and email as follows:
Jackic Cuyler
303-246-4036
jackiecuvler cr vahoo.ecim
Mishawn J. Cook
Deputy City Clerk for Licensing, CMC
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City of Boulder
Direct: 303-441-3010
Fax: 303-441-4478
Email: cookm&bouldercolorado.gov
Website: www.bouldercolorado.wv ;
select "Departments", select "City Clerk's Office", and then select
"Licensing" or "Liquor Licensing".
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