|
PLAN-Boulder CountyThe Boulder County Peoples Advocate March 1, 2007Boulder County public affairs news and analysis |
In this issue
Council May Consider Allowing More Closed Meetings
Boulder City Council member Suzy Ageton has recommended that City Council reconsider expanding the scope of closed sessions for conducting some aspects of City business. The Boulder City Charter limits Council's ability to do public business behind closed doors. Ageton previously floated the idea of changing the procedures for topics that could be considered in closed sessions. That concept was not received with much enthusiasm by Boulder citizens, including the Boulder County chapter of the ACLU.
In a February 13 "Hotline" email to her Council colleagues Ageton suggested that the issue be reconsidered. Ageton also stated that "it makes sense" to look into other aspects of Boulder's tradition of open government, including "our procedures to provide public access to open records". She suggested that a possible City Charter change to weaken the open meetings provisions could be placed on the municipal ballot in 2008, an effort that she and her colleagues on City Council could initiate.
Board "Rules of Conduct" Rejected
Boulder City Council rejected an attempt to impose strict "rules of conduct" on the citizens who serve as volunteer members of City boards and commissions. A proposal drafted by Council members Suzy Ageton and Robin Bohannan was designed to define expectations, standards of conduct and characteristics of members.
Interest by some Council members in the issue arose last year when an anonymous complaint was lodged against Human Relation Commission member Rob Smoke regarding comments he had made on his personal MySpace website. Some members of Council reacted to the complaint by considering action against Smoke but backed down in the face of community opposition and warnings from the Boulder County chapter of the ACLU about Smoke's right to freedom of expression.
The proposal from Ageton and Bohannan would have created rules and standards to "clarify characteristics for members" of boards and commissions, regulate how members could speak when "mixing" personal and City business and create revisions to the City code on how to sanction or remove offending members.
After spending two hours on the topic during their February 20 meeting, and hearing opposition for the public, including Library Board member Steve Clason and former City Councilman Steve Pomerance, Council members rejected the proposal on a 4 to 4 tie vote (with Tom Eldridge absent). Joining Mark Ruzzin in support of his motion to approve the proposal were Council members Ageton, Bohannan and Gray. Opposing the motion were Council members McGrath, Polk, Schultheiss and Stoakes.
City Retains Attorneys for Advice on Polk Case
At their meeting on February 20 the Boulder City Council agreed to retain the legal services of two outside attorneys to study the case of Councilman Richard Polk, who was charged last year with driving under the influence of marijuana. Polk subsequently agreed to a plea bargain with the Boulder County District Attorney to reduce the charges.
Under the Boulder City Charter a member of Council convicted of a crime must relinquish their seat. However, the definition of "crime" is ambiguous and questionable in the Polk case. City Attorney Ariel Calonne recommended to Council that outside attorneys be retained since Polk, as a member of City Council, is, in essence, Calonne's employer. In reality, of course, Calonne is employed by the entire City Council and not just Polk.
However, Council voted unanimously (with Tom Eldridge absent and Polk recused) to employ the legal services of former Colorado Supreme Court Justice Jean Dubofsky and Longmont City Attorney Clay Douglas to:
South Boulder Creek Flood Study Approved by WRAB
On February 26 the City of Boulder's Water Resources Advisory Board (WRAB) approved staff's South Boulder Creek flood mapping study. City staff and consultants presented the study to the board at a public meeting attended by about one hundred Boulder residents, many of whom could be affected by creek flooding.
Flooding in South Boulder Creek is a concern because the stream's watershed covers a 136-square mile basin, starting at the Continental Divide and ending at its confluence with Boulder Creek in east Boulder. Thunderstorms in the high country could unleash enough water to cause serious flooding along South Boulder Creek.
A previous study of the flooding potential was rejected by the Federal Emergency Management Agency (FEMA) because of use of what the agency staff decided was inaccurate projections. The new study is meant to determine where and when floodwaters may flow. In a 100-year flood the study estimates that over 1,100 structures might be affected. In a 500-year flood over 1,200 buildings may experience some degree of flooding.
The new study found that flooding could be exacerbated by the US-36 bridge over South Boulder Creek acting as a dam, diverting some water into the CU-South property at Table Mesa Drive and US-36 and into the "west valley" along the west side of Foothills Parkway between US-36 and Baseline Road. Flooding in the "west valley" could affect a number of apartment buildings along Thunderbird Drive and part of the Frasier Meadows Manor retirement community and nursing home.
The study did not take into consideration how potential development of the CU-South property might add to flooding along South Boulder Creek, an issue raised at the public hearing by downstream residents. In response, WRAB members stressed that the role of their board was technical and that policy decisions regarding development approvals in flood-prone areas were the responsibility of the Planning Board and City Council.
The flood mapping study is scheduled to be considered by the Planning Board on March 15 and by City Council in April. Public hearings will be conducted at both meetings. If approved by Council the study will be submitted to FEMA and other appropriate regulatory agencies. A decision by FEMA is expected by mid-2008. After receipt of federal approval City staff and consultants will begin undertaking plans for risk assessment and potential mitigation.
Council Raises Downtown Parking Rates
Visitors to downtown Boulder will have to pay more to park under a proposal approved by City Council on February 6. The plan, submitted by the Central Area General Improvement District (CAGID), increases hourly parking meter and garage rates from $1.00 to $1.25 and extends meter hours from 6PM until 7PM.
Funds from the increase will be used to install "customer friendly" parking payment kiosks to replace the current meters, study applications for additional neighborhood parking permit districts and extend coverage of the Eco-pass program for more downtown employees. The changes will take place starting May 1. In 2008 a similar program may be instituted for parking on University Hill.
The proposal was endorsed by several downtown business groups, including Downtown Boulder, Inc., the Downtown Management Commission and the Downtown Business Improvement District. Numerous owners and employees of downtown businesses voiced opposition to the increase in a petition and through testimony before City Council but their comments were rejected. Several council members did express concerns that the process by which CAGID staff developed the proposal was flawed.
The vote to support the increase was unanimous, with Councilman Tom Eldridge absent and excused due to illness.
Boulder May Help Fund New Casey Middle School
The Boulder Valley School District board requested that the City of Boulder use proceeds from its education excise tax to help fund construction of a new Casey Middle School. The school district plans to demolish the historic building at 13th and High streets near downtown Boulder and replace it with a new campus.
The concept suggested by the school district would have the City spend about $3.5 million from the tax. Most of the money would go to fund construction by which the new building would meet LEED certified standards for designation as a "green" building. Funds from the tax may also be used to install new lights on the athletic fields at Boulder and Fairview high schools. The voter-approved tax is designed to provide capital improvement funds for public schools in Boulder.
On a motion by Richard Polk the council members voted unanimously (with Tom Eldridge absent) to instruct City staff to work with BVSD staff to bring back to Council a specific proposal for use of the excise tax revenues.
City to Appeal Loss in Thunderbird Suit
At the behest of City Attorney Ariel Calonne members of Boulder City Council voted at their February 6 meeting to authorize an appeal of a court decision in the case of Thunderbird Burgers LLC versus the City of Boulder. A district court judge ruled that the City's attempts to regulate hours for the sale of alcoholic beverages through the land use code violated state laws on liquor control.
Thunderbird Burgers is a University Hill restaurant on 14th Street. Its owner sought to extend the hours during which it could sell beer from 11PM until 2AM. The Planning Board placed restrictions on the restaurant that the owner deemed illegal and the district court judge agreed, stating that Colorado law supercedes municipal law in such cases.
Council members voted five to three to authorize the appeal. Supporting Andy Schultheiss' motion to authorize the appeal were council members Bohannan, Gray, Polk and Ruzzin. Opposing the motion were council members Ageton, McGrath and Stoakes. Councilman Tom Eldridge was absent and excused due to illness.
Staff did not reveal, nor did council members request, the amount of money the City will spend on the appeal. Council did instruct City staff to work with Thunderbird Burgers to allow the restaurant to sell alcoholic products between 11PM and 2AM while the case was under appeal. That instruction was meant to partially alleviate the costs the restaurant owner has incurred due to the City's action.
Boulder Public Library Turns 100
Boulder Public Library celebrated its 100th anniversary on February 26. On that date in 1907 the library opened at 1125 Pine Street. Libraries have been fixtures of Boulder since 1869 when the Boulder Reading Association opened a public subscription reading room. In 1886 citizens formed the Boulder Library Association in order to lobby for creation of a free public library.
The Boulder City Council finally agreed in 1903 to buy the Pine Street site, which was then the location of the sanctuary of First Congregational Church. The church had built a new facility across the street, which, with expansions, still stands as one of downtown Boulder's largest congregations. The City agreed to fund the library at $1,500 per year. Construction of the new building was made possible by a $15,000 grant from Pittsburgh steel magnate and philanthropist Andrew Carnegie who was funding the construction of free public libraries across the country.
The Pine Street library is now the Carnegie Branch Library for Local History and is a treasure trove of maps, books, manuscripts and audio tapes. A new main library was constructed on Canyon Boulevard, later expanded and joined by branches in east and south Boulder.
Unfortunately the City of Boulder has recently provided inadequate support to its library system. Since 2001 Council members have cut library funding, resulting in reductions in library hours and days. A planned north Boulder library was never built although a developer offered a site for the facility near Broadway and Yarmouth Avenue. Perhaps the 100th anniversary of the library will motivate City government to once again become supportive of the free public library concept.
Across the country people are concerned about the lack of good local journalism in their communities. In many cases the problem revolves around out-of-town corporate ownership of newspapers, radio and television stations that puts higher priority on profit than quality. The concentration of so much of the nation's media under a few corporations also limits the diversity of views and often results in a pro-business slant on the news. Boulder, with both of its daily newspapers owned by the same firm, is no exception.
PLAN-Boulder County is pleased with the response from Boulder County residents to the Peoples Advocate. We'll keep working to let you know how your city and county representatives are voting on important issues, and we'll continue to provide detailed information on the nuts and bolts of public process.
In order to spread the word we encourage those of you who are receiving this publication to pass it around. Please forward the Peoples Advocate to your friends and associates. Encourage any community organizations in which you are a member to distribute the Peoples Advocate to their membership.
If you like what you read, please sign up to receive the newsletter directly to ensure continuity and simplify our process by contacting PLAN-Boulder board member David Cook. And most importantly, let us know what you think about the publication and the issues we cover.
| The Boulder County Peoples Advocate is published monthly by PLAN-Boulder County and distributed free to persons interested in local public affairs issues. Eric Karnes, Editor
|