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PLAN-Boulder CountyThe Boulder County Peoples Advocate March 1, 2008Boulder County public affairs news and analysis |
In this issue
Investigation of Boulder Planning Board Member Closed
The Boulder City Council will take no further action against Planning Board member Adrian Sopher, who was the subject of a conflict of interest allegation filed by several citizens. The complaint alleged that Sopher violated the City ethics code by testifying in favor of a plan to redevelop the closed Washington Elementary School into a co-housing community.
Sopher is an architect and was involved with the Wonderland Hills Development Company plan. He recused himself from voting on the plan when it came before the Planning Board but spoke, as a private citizen, in favor before Council. Upon receipt of the complaint Council engaged Fort Collins City Attorney Stephen Roy to investigate.
Roy determined that Sopher's appearance before Council was inappropriate. He advised Council that the final determination must be by that body, but in his reading of the Boulder City Charter a member of the Planning Board could be removed only for ÒwillfulÓ actions. Roy did not believe that standard applied to Sopher's error in judgment.
At their February 4 meeting members of Council voted 6 to 3 to approve a motion by Councilman Macon Cowles accepting Roy's original and supplemental reports and determining that no further action would be taken against Sopher. Council members Suzy Ageton, Matt Appelbaum, Anglique Espinoza, Shaun McGrath and Ken Wilson supported the Cowles motion. In opposition were Council members Crystal Gray, Lisa Morzel and Susan Osborne.
City of Boulder statement and link to supplemental report
Camera 12.28.07 "Attorney Conflict not Willful"
Comprehensive Plan Update Finally Completed
The 2005 major update to the Boulder Valley Comprehensive Plan was finally completed with a City Council vote on February 19. The plan is updated every five years and is next due for a major update in 2010.
In September of 2006 the previous City Council, at the behest of some City staff members and developers, voted to keep the plan open to allow for the possible expansion of the service area into the Planning Reserve along US-36 north of Jay Road. Palmos Development had proposed a mixed-use project containing a Òbig boxÓ retailer and multi-family units on part of the reserve. After that project met with strong public opposition the then-City Planning Director recommended that the option of allowing sprawl into the reserve be left open, citing the supposed interest of Naropa University in developing a consolidated campus in the area. That idea was never heard from again once the Council voted to keep the expansion alive.
The new Council majority elected in 2007 committed during the election campaign to close the Comprehensive Plan, thus maintaining Boulder's growth boundaries. The vote to support the motion by Mayor Shaun McGrath was unanimous, with Council member Angelique Espinoza absent.
Impeachment Won't be on Council's Agenda
An attempt by a group of Boulder residents to get Boulder City Council to adopt a resolution calling for the impeachment of President Bush and Vice President Cheney will not be considered. Under City Council rules a Ònod of fiveÓ members is required for the Council to consider resolutions that involve national or international issues.
No vote was taken on a formal resolution since only two Council members indicated support for placing consideration of a resolution on the calendar. Most Council members were highly critical of the Bush administration's policies regarding the war in Iraq and its infringements on civil liberties but felt there were more important local priorities on which Council should spend its time.
Only Council members Lisa Morzel and Susan Osborne spoke in favor of considering the resolution. Council member Crystal Gray recommended instead an educational process for the community. The other five Council members (Angelique Espinoza absent) rejected the idea of the resolution.
Rocky Mountain News link
Wikipedia considers national polls on impeaching Bush
Ageton Seeks Discussion of Gray Controversy
Boulder City Council member, and Deputy Mayor, Crystal Gray was recently the target of a Channel 7 news story alleging that she did not keep regular hours in the office of her employer, Adams County, where she was Director of Parks. Gray instead used flex time to work at home and during evenings and weekends. She acknowledged that her flexible hours had not been formally approved by the County Manager and submitted a resignation from her position with Adams County.
On February 19 Council member Suzy Ageton asked her Council colleagues to discuss the controversy, saving that it would be Òa mistake to keep silentÓ. Ageton suggested that the television story had created Òdiscussion in the communityÓ. She also stated that City Council members must be accountable and held to a high standard of conduct. Although Ageton sought a discussion she offered no course of action beyond that.
No other members of Council agreed with Ageton that Gray's situation warranted action. Most defended Gray's service to Adams County and as a member of the Boulder City Council. They also questioned why a Council member's private employment issues should be under the purview of the City Council. After extended discussion, causing the Council meeting to extend to nearly midnight, the topic was dropped.
Boulder County Commissioners will consider a proposal for an expanded transfer of development rights (TDR) program in unincorporated parts of Boulder County. In 2006 Boulder County planners began a process that would also consider amendments to the County's site review standards and the designation of Special Character Areas and Scenic Corridor Areas.
The TDR program is intended to offset the construction impacts of large homes in predominately rural areas and to preserve smaller houses and vacant parcels in the County. The procedure requires builders of houses over a threshold square footage to buy development rights from others who agree to permanently restrict development of their smaller homes or land parcels.
Under the proposal to be considered by Boulder County Commissioners the size thresholds are 3,500 square feet in the mountains and 5,500 square feet on the plains. The proposal also recommended seven communities as Special Character Areas and a scenic corridor along the Peak-to-Peak Highway. The threshold size in SCAs is proposed as 125% of the median residential size of existing homes in each neighborhood. Communities designed as SCAs include Allenspark and vicinity, Eldora, Eldorado Springs, Gold Hill, Hygiene, Raymond and Riverside.
The proposal in concept, though not in specifics, has been approved by the Boulder County Planning Commission. County Commissioners are scheduled to take a final vote on the TDR program March 18, after an additional public hearing on March 6.
Link to County Land Use Department
TDR Valuation Report
Camera 2/18/08 "Commission Mixed on House Size Limits"
Council Approves Industrial Service Centers
Additional service retail and restaurant uses may be allowed in Boulder's industrial zones under a change in the land use code approved by City Council on February 4. The change was initiated by owners of some of Boulder's larger industrial parks and is intended to encourage employees to take advantage of nearby services instead of driving to restaurants and shops away from their places of employment.
Councilman Matt Appelbaum moved to approve the changes in the land use code. He also offered two amendments to his motion. One would limit the hours tenants in the industrial service centers could be open to between 5AM and 11PM. If a store or restaurant sought to open earlier or later their application would have to be approved through the usual use review process. The amendment was designed to help limit nighttime noise that could adversely affect nearby residents. The amendment was approved on vote of 8 to 1, with Macon Cowles opposed.
A second amendment offered by Appelbaum would have limited to one acre the size of an industrial service center within an industrial park. Staff proposed a two acre maximum. Based on a normal shopping center floor area ratio a one acre site could accommodate a center of about 12,000 to 15,000 square feet, depending on parking requirements. Appelbaum's motion was defeated on a 5 to 4 vote, with Council members Gray, Morzel and Osborne in support and Ageton, Cowles, Espinoza, McGrath and Wilson opposed.
Once the amendments were considered the vote on the main Appelbaum motion carried by a 7 to 2 vote, with Council members Gray and Osborne opposed.
Camera 2.5.08 "Restrictions on Food, Retails in Industrial Parks Eased"
Council Voting Records Available Online
PLAN-Boulder County has been tracking since 2005 all votes by members of the Boulder City Council. Often amendments and procedural motions are as important as final decisions on major issues and we wish the people of Boulder to know how their Council members vote on issues of importance to the community. Included in our tracking is how Council members voted on appointments to City boards and commissions.
The votes are recorded on a spreadsheet that can be found on our website. PLAN-Boulder County encourages you to keep informed about how Boulder's City Council represents you and your views.
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.
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| 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 |
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