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2 - Draft Minutes - Unviersity Hill Commercial Area Managment Commission - August 20, 2008 CITY OF BOLILDER, COLORADO BOARDS AND COMMISSIOly'S MEETING MINUTES FORM NAME OF BOARD/COMMISSION: UNIVERSITY HILL COMMERCIAL AREA MANAGEMENT COMM[SSION NAME/'CELEPIIONE OF PERSON PREPARING SLMMARY: Ruth Weiss 303-413-7318 NAMES OF MEMBERS, STAFF, AND INVITED GUESTS PRESENT BOARD MEMBERS: UAIII.,, GRIFFITH, MILLER, MITCHELL, SHRUM STAFF: WINTER, .IOBERI', CUNNINGHAM, LANDRITH, WF,ISS GUES'T(S): GL~IA BATA, CHARLIE 7.UCKF,R, KICIIARD LOPEZ, JANE STOYVA, RUTH MCIIEYSER, JENN KORBELTK TYPE OF MEETING: MINUTES REGULAR MLI{.'I'ING: August 20, 2008 AGENDA ITEM 1 -Roll Call: Meeting called to order at 9:05 a.m. AGENDA ITEM 2 -Approval of the July 16, 2008 Meeting Minutes. (SEE ACTION ITEM BF..LOW) AGENDA ITEM 3 -Public Participation: Richard Lopez, attorney for Thunderbird Burgers, explained the decision of the courts that Boulder can regulate locations for liquor serving but cannot regulate the hours of liquor operation. Planning Board unposed the closing at 11 pm to stop liquor service as opposed to mandatuig one location to another and alcohol cannot be regulated directly under the guise of zoning. Hours, seats, and sound but not alcohol can be regulated. The Planning Board item in dispute was the "must stop serving alcohol at 11 pm" but may remain open. Food versus alcohol sales, with Thunderbird's revenue only 10% in alcohol and not a restaurant that college students use to get drunk. Miller commented on the legality of the closing hours for alcohol service and if there was middle ground. City of Boulder can only revoke, instate or suspend a license. Zoning can regulate the place and hours of use. State Iaw would need change to alter hours of operation for liquor sales. Shrum queried the Use Review process for the Thunderbird and who decided the outcome to cease sales at 1 lpm? Lopez responded that Cowles made the motion to limit the serving hours but this decision was illegal. Lopez requested call up to make it legal and rights under law via lawsuit in order for the city to review. AGENDA ITEM 4 -Police Update: Due to staffing medical issues, Wegsheider unable to attend. AGENDA ITEM 5 -Restorative Justice -Bata: Ms. Bata commented that Restorative Justice is based on who was harmed, how they were harmed and who repairs the harm. This program is used with college students but nationally it is used on juveniles. Referrals come from various judicial mechanisms in the city. Tickets are issued to violator and Restorative Justice is typically used. Intake session initiates the student and responsibility acceptance and its impacts. Agreements are made regarding their impact on the community and its resolution. Bata gave stats from the Executive Report provided to the Commission from CURD 2007-2008 Annual Report. Drop in offenders does not have a definitive result. MIP are directly sent to County Court and these cases have not experienced a significant drop in the last four years as the Restorative Justice has. Eleven percent are repeat offenders with lesser offenses. Cases happen mostly in the University Hill neighborhood. Shrum - 91 of the cases were alcohol related at the time of ticket issuance. Dahl questioned binge-drinking programs nationally as it is the issue today. Bata responded that the new director is trying to get all students to take an online course for alcohol use and abuse. This year's student orientation had a segment addressing alcohol. Mitchell commented that the future harm from the initial harm needed consideration. Bata commented that the more the community participates, the more the harms may be articulated and addressed. Griffith commented that the students themselves might be able to provide solutions via feedback. 1 AGh>NllA ITEM 6 -UHNA Update: Stoyva cornmcnted on the positive impact of Restorative Justice. Stoyva continued that there are other paints of view besides lowering the drinking age; age is not the factor but the culture in your community and the message given to the students. UHNA meeting is planned for September 11 and will deal with density and its various aspects. AGENDA ITEM 7 - HiII Alliance Update: Shrum conunented that Hill Fest was call off due to Lack of participation by the conununity and lead to the bigger picture that several businesses do not wish to be represented. Mike Clear has stepped down as Chair for the Alliance. Griffith commented on a feeling of discouragement at the meetings. Winter mentioned that she has been involved since the mid 90's. Hill is relatively small, small business owners need to spend more time with their businesses than in participation and that downtown have all the same people who are active with a larger operation or corporate backing. Winter continued that the biggest difference is that downtown has the active support of the property owners and this is not the case in the Hill. Businesses cannot do it alone and the challenge is to get more owners involved. Shrum voiced agreement with Winter's comments. AGENDA ITEM 8 -Planning Update on Hill Redevelopment- Zucker, Senior Urban Designer: Zucker began with background uiformation regarding the Washin~rton School. Hill Context Study was discussed. Hill group to provide planning with projects in various status of zoning issues. Planning to provide build out potential for the Hill. Staff review in the Context Study zoning levels, historic building issues and what character should the Hil] contain. There have been many `starts' of projects but little compleiions. Goals in various planning docs are not consistent. Zucker presented maps for Commission visual review. Shrum -study of build out is the next step. Public outreach has not been confined on paper yet. Zucker anticipated a parcel by parcel approach to Hill development. Winter mentioned design is not abstract via the Planning Department; issues need to get on the table that include historic designation and density, influence the business district and get some practical applications. Zucker - timing to prepare will take a lot of work. Miller asked "tucker to bring forward a project, with tweaking or major changes which may not be the job of the city staff and the developer/property owner perspective of land use, is it a stand off or part of the process? McHeyser commented that there was an analysis of what can he done with existing zoning and the tweaking on the zoning, there are projects that can go forward. Analysis will have a base from which development can begin with historical issues taken into account. 'The issue was what can be done under existing zoning. Miller questioned if new projects can be submitted while the analysis was being done and the response was yes. Build out on the Hill must encompass parking needs. UHGID needs to be financially whole regarding parking. Residential density, infrastructure, parking, and parcels are all facets that must be incorporated in concepts. Property owners and zoning seem at odds per Mitchell. McHeyser and Zucker mentioned the issues of zoning line changes, height setback and bulk, which. need to get out in order to discuss the bigger picture of redevelopment. Property owners need to provide the city what their expectations are. McHeyser - Thunderbird case is under review currently and will look at options for changes, will consult with UHCAMC, an option, like Ft. Collins, more prescriptive with more predictability anal a conditional use option that is setup ahead of time. AGENDA ITEM 9 -Parking Services Update: Kurt IVlatthew begins on Monday as Parking Manager and will be coming next month to discuss the parking budget. ]nternship has been posted. AGENDA ITEM 10 - CU/City Liaison Update: Korbelik commented on the back to school activities. The walkabout was successful and anticipating another to occur. Points of emphasis via outreach program are fire safety education with students, social hosts serving underage students awareness and its penalties. Welcome Fest is this Friday. Korbelik mentioned binge-drinkng seminars attended revealed that no one has solved this puzzle countrywide. Gathering space for students on the Hill that is alcohol free, 24-hour 2 study space, coffee space with display, events, perhaps funded by CU student fees. Block parties, non- alcoholic, by Greek, under discussion. AGENDA I'I'Ei~111-Matters from the Commissioners: Shrum mentioned the Hill clean up and the need for individual accountability and things that need to be clean and maintained should be the responsibility of the city. Street sitnls that pouit to nowhere, and streetcaping are not done on a regular basis. There are unsafe sidewalks, paultulg over graffiti done by businesses and not by the city. Slu-um wants to make sure that due diligence is done by the city. Winier appreciated Shrum's concerns and encouraged feedback. Matthews will make a difference when he comes on board, Winters will be diligent on the trees but its not currently in the budget, tree guards will need to be provided to help the trees. Winter encouraged advisement of issues that exist, as she is the representative of the city. AGENDA ITEM 12 -Matters from the Director: AGENDA ITEM 10 -Public hearing and consideration of a motion to make a recommendation to City Council of the Downtown and University Hill Management, Parking Services 2009 budget: Meeting adjourned at 10:45 am. MOTIONS: Shrum motioned for approval of the July 16, 2008 minutes. Dahl seconded the motion, unanimously approved. FUTURE MEETINGS: September 17, 2008 Regular 1~leeting Council Chambers 9:UU a.m. APPROVED BY: UhTIVERSITY HILL COMMERCIAL. AREA MANAGEMEN'T' COM IO Attest:_ ~..1.C,t S _ t~ Ruth Weiss, Secretary David Miller, Chair r 3