Revise Ordinance - Establishing a University Hill Commercial Area Management Commission~~ORDINANCE NO., - - ~m^re^~~
AN ORDINANCE AMENDING CHAPTER 2-3 "BOARDS AND
COMMISSIONS,° BY ADDING SECTION 2-3-20
ESTABLISHING A UNIVERSITY HILL COMMERCIAL AREA
MANAGEMENT COMMISSION, SETTING FORTH DUTIES
THEREOF, AMENDING SECTIONS 1-2-1, "DEFINITIONS,"
AND 8-4-10, "ADVISORY COMMITTEE," B.R.C. 1981, AND
DETAILS IN RELATION THERETO.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER,
COLORADO:
Section 1. Purpose and Findings.
(a) The city council of the city of Boulder, Colorado finds that there is a need to
clarify and unify the scope of responsibilities oFthe University Hill District of the
ciry;
(b) The University Hill Commercial Area Management Commission is an entity with
limited powers. However, it is logical and in the best interest of the University
Hill General Improvement District (UHGID), the University Hill commemial
area, and the city as a whole to create an advisory board to the Boulder city
council that combines the considerations of the L1HGID parking and maintenance
district, as created by Ordinance Numbers 3638, 4299, 4958, as well as other
aspects of the University Hill commercial area including health, safety,
maintenance, aes[hetics, economic vitality, and sustainabilitv; and
(c) The provisions of the State of Colorado Urban Renewal Law, Section 31-25-101,
et seg, C.R.S., and Section 46-10(c), B.R.C. 1965, provide an appropria[e model
for such an organization, contingent upon approval of the budget and call-up of
other issues by the city council and personnel responsibility of the city manager.
Section 2. Subsection 1-2-1(b), "Definitions," B.R.C. 1981, is amended by the addition
of a new paragraph to read:
1-2-1(b) Definitions.
"University Hill General Improvement DistricP' or "iJHGID° means the City of Boulder
University Hill General Improvement District established by Ordinance Number 3638, as
subsequently amended.~
~ Ordinance Numbers 4299 and 4958
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Section 3. Chapter 2-3, "Boazds and Commissions," B.R.C. 1981, is amended by the
addition of a new Section 2-3-2Q "University Hill Commercial Area Management Commission,"
B.R.C. 1981, to read:
2-3-20 University Hill Commercial Area Management Commission.
(a) The City of Boulder University Hill Commercial Area Management Commission consists
of five members appointed by the city council for five-year terms. The commissioners
who are first appointed shall be designated to serve for staggered terms, so that the term
of one commissioner expires each year. A member must wait one year after terminating
service to be eligible for reappointment, except for the commissioners first appointed and
members reappointed after a partial term of one year or less. Three members shall be
owners of taxable real or personal property located in the area contained in the University
Hill General Improvement District or representatives of owners of such property. Two
members shall be citizens of the city at large.
(b) The secretary of the commission may be a member of the commission or may be a city
staff member. Three members of the commission constitute a quorum. An affirmative
vote of at least three members is necessary to authorize any action of the commission.
(c) Annually, the commission shall select a chair and avice-chair from among its members.
The commission may appoint such subcommittees and task forces as it deems
appropriate. The manager shall appoint an executive director of the commission to
coordinate its functions. The commission shall utilize the services of the city attorney for
such legal services as it may require, subject to the provisions of Charter Section 85,
"City attorney," concerning appointment of special counsel by the city council.
(d) The functions of the commission aze to provide recommendations to:
(1) City Council acting as the Board of Directors of the University Hill General
Improvement District in furthering the purposes specified in Section 8-4-11,
"Powers of the District," B.R.C. 1981, Ordinance Numbers 3638, 4299 and 4958,
as amended, to provide parking and related improvements for UHGID as follows:
(A) Acquisition, construction, installation, maintenance, operation,
improvement, and repair of the improvements of UHGID and of all
property, rights, and interests incidental or appurtenant thereto;
(B) Management, control, and supervision of all of the business affairs of
UHGID and the installation, constrnction, operation, replacement,
maintenance, repair, and improvement of the property and improvements
of UHGID;
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(C) Determination, imposition, re-determination, and revision of a schedule of
user charges for the use of the parking facilities provided or furnished by
UHGID, as well as the determination of reasonable penalties, interest,
collection costs, and other charges for delinquencies in payment of such
charges, following the procedures of subsections 8-4-15(c), (e), and (f),
B.R.C. 1981, in so doing, but nothing in this section shall authorize the
commission to set the times or rates for on-street metered parking, or the
fines or penalties for parking infractions specified in Chapter 7-6, "Parking
Infactions," B.R.C. 1981;
(D) Leasing district parking facilities, including, without limitation, retail
space, but no such lease shall be valid if tax free bonds of UHGID for the
construction or acquisition of the facility are still outstanding and such
lease would imperil tax free status; and
(E) A general description of [he improvements [o be constructed and installed
within LTI-IGID or outside the district for the special benefit of iJHGID as
follows: a general parking program to provide parking, pedestrian,
bicycles, mass transit, aesthetic and related improvements for the district
area, which may include, but shall not be limited to:
i. Parking and off-street parking facilities;
ii. Acquisition or lease of necessary land or interests therein, and
improvements thereto in connection with said facilities both within
and outside the district;
iii. Other incidental and appurtenant facilities and improvements designed
to improve parking and improve the convenience of the district area;
iv. Pedestrian and bicyclist amenities including benches, trees,
landscaping, bike racks, signage, banners and trash receptacles;
v. Improvements to increase the attractiveness and convenience of the
district;
vi. Incentive programs to encourage use of means of transportation to and
from the district other than the under occupied private automobiles;
and
vii. Maintenance of any of the above described types of facilities and
improvements located in the public right of way within the district.
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(2) Perform the duties of an advisory committee to the city council acting as [he
UHGID Board of Directors as specified in Section 8-4-1Q, "Advisory
Committee," B.R.C. 1981.
(3) Function as an advisory body to the city council acting as the UHGID Board of
Directors in the consideration or implementation of any downtown development
authority, or urban renewal authority or related entity having jurisdiction over any
part of the University Hill General Improvement District.
(4) In addition, the commission shall undertake an advisory role to the city council,
regarding the overall health and welfaze of the University Hill commercial azea
and immediately adjacent azeas, includine the following:
A. Make recommendations for the creation and maintenance of data, studies
and information concerning the University Hill commercial area in order to
support and enhance the sustainability of UHGID and the University Hill
commercial area. This power shall include, without limitation, coordination
of collaborative efforts with University Hill commercial area merchants,
business and property owners as well as other University Hill stakeholders
including residents, students and the University of Colorado in the
promotion of common plans of action and related to: transportation, parking,
urban design, economic vitality, promotional activities, communications,
and quality of life improvements m UHGID and the University Hill
Commercial Area;
B. The commission shall not recommend any anticompetitive practice or
discourage any person from locating any legal business in any particulaz
place;
C. Advise on the overall vitality of the University Hill commercial area
including but not limited to overall area marketing and economic vitality
initiatives, and events promoting the area;
D. Include consideration of the long term future and sustainability of the
commercial rhea; and
E. Make recommendations regarding vending carts as per Section 4-18-4,
"University Hill Mobile Vending Cart Permit," B.R.C. 1981.
(e) The commission shall recommend to the city manager, the city council, and the city
council acting as the UHGID Board of Directors a budget. City council may approve
such budget. The commission may not make any budgetary appropriation or
encumbrance and shall not incur any debt or purchase or initiate construction of any
parking, and all such matters are left in the full discretion of the city council.
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(f) For the purposes of this section, "University Hill Cotmercial Area" means the area as
defined in Ordinance Numbers. 3638, 4299 and 4958, and generally bounded by the
south side of University Avenue, the west side of Broadway, the west side of 14th Street
from College to the southern end of the UHGID owned parking lot, the south side of
College Avenue, the alley between 12tb Street and 13`" Street, including the pedestrian
underpass at College Avenue and as illustrated on the map entitled "University Hill
Commercial Area" at the end of this chapter, which is incorporated by reference into this
chapter.
(g) "University Hill General Improvement District" or "UHGID" means the Citv of Boulder
University Hill General Improvement District established by Ordinance Number 3638, as
subsequently amended.
Section 4. Section 8-4-10, "Advisory Committee," B. R. C. 1981 is amended by the
addition of subsection (k) to read as follows:
8-4-10 Advisory Committee.
(k) None of the provisions of this section apply to the City of Boulder University Hill
General Improvement District ("UHGID"). The University Hill Commercial Area
Management Commission established by Section 2-3-20 "University Hill Commercial
Management Commission," B.R.C. 1981, shall serve in lieu of an advisory committee for
UHGID, and shall have the duties set forth in this section in addition to and not by way of
limitation on those duties, powers, and functions delegated to [he University Hill
Commercial Management Commission elsewhere in this code.
Section 5. The University Hill Commercial Area Management Commission shall be
created upon [he passage of this ordinance but shall have no legal functions until
Effective on the University Hill General
Improvement District Advisory Committee is abolished and [heir duties transferred to the
University Hill Commercial Area Management Commission. The city council may appoint all
of the current members of the University Hill General Improvement District Advisory
Committee to the University Hill Commercial Area Management Commission with all members
keeping their existing terms of service .
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Section 6. 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 7. 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 FIItST READING, AND ORDERED PUBLISHED BY
TITLE ONLY this 8~' day of January, 2008.
Mayor
Attest:
City Clerk on behalf of the
Director of Finance and Record
READ ON SECOND READING, PASSED, ADOPTED AND ORDERED PUBLISHED
BY TITLE ONLY this day of , 20_.
Mayor
Attest:
City Clerk on behalf of the
Director of Finance and Record
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