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The Boulder County Peoples Advocate May 1, 2008

Boulder County public affairs news and analysis


 

Previous issues

In this issue

Boulder City Manager Resigns
Process Outlined for "Big House" Ordinance Consideration
Potential Charter Changes Considered
Council Seeks Downtown Density Bonus Study
Gordon Named Boulder City Attorney
City and County Acquire Land for Open Space
Council Voting Records Available Online
Pass it on

Boulder City Manager Resigns

Boulder City Manager Frank Bruno tendered his resignation from the position, effective in May when he becomes the vice chancellor for administration at CU/Boulder. Bruno became Boulder City Manager in February of 2003, having previously held the position of Assistant City Manager for the City of Fort Collins.

The Boulder City Council will now initiate a process to recruit a new City Manager. An interim manager is likely to be appointed to fill the position until a permanent manager is chosen by City Council. In addition to the manager's position several other important department head positions are currently vacant in the City of Boulder government, including the directors of planning and library.

At their April 15 meeting City Council members approved unanimously a motion by Mayor Shaun McGrath to retain the Mercer Group, an executive search firm, to assist in identifying candidates for the City Manager position. Council appointed McGrath and Susan Osborne to oversee the process. Council members Crystal Gray and Lisa Morzel will oversee a process for naming the interim manager.

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Process Outlined for "Big House" Ordinance Consideration

The community debate over the impacts of large "pop and scrape" housing development came to the fore at the Boulder City Council's April 15 meeting. The issue has been on and off Council's agenda for years but the growing number of large and expensive speculative houses being built in existing neighborhoods became a major issue in the 2007 municipal election. Most Council members elected last year agreed that the issue needed to be addressed.

Initially the problem was identified as an excessive floor area ration (FAR), which is the amount of a residential lot that can be built upon. A previous City Council established a .8 FAR (up to 80% lot coverage), which resulted in the increase in construction of large houses and additions to existing homes.

After discussing the Floor Area Ratio at their March 18 meeting, the Boulder City Council instructed the Planning Board to give recommendations on a possible interim ordinance. The Planning Board took up the issue at the April 3 meeting. After a session lasting nearly seven hours the majority of Planning Board members decided to recommend against an interim ordinance. Voting against the interim ordinance were KC Becker, Bill Holicky, Andrew Shoemaker, Phil Shull and Adrian Sopher, Willa Johnson and Elise Jones supported the concept.

The April 3 meeting ran long due to the amount of public comments directed towards the FAR ordinance. Two sides generally emerged, with developers, builders, business interests and some homeowners opposing an interim ordinance while neighborhood and environmental groups, along with other homeowners, supporting the effort.

Although the majority on Planning Board opposed the idea of an interim ordinance they did offer suggestions about what might be included, should City Council proceed. Their suggestions included building design features and what a sliding scale of FARs might entail. The majority on the board supported only a small decrease in allowable FARs.

Council discussed the topic in great detail at their April 15 meeting. They gave a "nod of five" to a set of guidelines under which the City's planning staff will develop a process for considering ordinance changes to address the problem. Council members gave staff a list of the problems identified by the community, including, among others, size, views, bulk planes, walls, building heights and impacts on neighborhood and community characteristics.

Council also discussed the goals and objectives of changes in the ordinances, outlined a public process and determined the approach to moving forward. A goal of having a permanent ordinance in place by the end of 2008 was established, although staff and some Council members thought that the time frame was possibly too optimistic. Staff will also draft a request for proposals to be sent to consultants qualified to draft the ordinance changes.

A "nod of five" was given to staff to authorize a specific plan to be submitted for formal consideration at Council's May 6 meeting. The "nod of five" is a Council mechanism that allows direction to staff without requiring a recorded vote.

Council member Lisa Morzel asked that Council consider imposing a moratorium on new single family construction and large additions to existing houses during the period before a permanent ordinance is passed. She suggested that proposed projects be allowed to go forward during the period only if approved by a vote of neighboring property owners.

Morzel did not offer her suggestion in the form of a motion but discussion indicated that she had, at most, only three other supporters on Council for immediate adoption of an interim ordinance. Most of the conversation on any effort to stop builders from making "a run on the bank" during the period indicated that an interim ordinance should best be discussed at the May 6 meeting, including methods to track the number of building permits being issued. If the number is deemed excessive than a majority of Council seemed inclined to proceed with the interim ordinance.

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Potential Charter Changes Considered

Boulder voters could have as many as nine proposed amendments to the City Charter to consider at the November election. On April 15 Council members heard a report from the Charter Committee, which sought guidance on potential amendments that should be brought back for a formal vote by Council.

The Council voted unanimously for a motion by Matt Appelbaum to authorize the Charter Committee to proceed on all nine issues. Most of the issues are fairly minor, and address "house-keeping" provisions. Four, however, are likely to generate considerable debate in the community, including measures to raise Council salaries, permit executive sessions, extend the period for private leases on public property and allow persons who are not Boulder electors (residents or citizens) to serve on some City boards and commissions.

The compensation and lease amendments were defeated by Boulder voters in 2007. The amendment to allow non-citizens to serve on boards and commissions was debated by the previous Council and rejected on a 4 to 4 vote. A straw vote on April 15 found a 5 to 4 majority willing to at least consider the issue, although not committing to place it on the fall ballot.

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Council Seeks Downtown Density Bonus Study

The Boulder City Council instructed City staff to study the current density bonus program intended to encourage residential development in downtown Boulder. Some Council members asked whether the density bonus is producing the required community benefits for which it was designed, citing an imbalance in the number of large, high-priced condominium units being built.

At their April 15 meeting Council members voted 6 to 3 to authorize the study. The motion by Councilman Macon Cowles was supported by Matt Appelbaum, Crystal Gray, Shaun McGrath, Lisa Morzel and Susan Osborne. Voting against the study were Council members Suzy Ageton, Angelique Espinoza and Ken Wilson.

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Gordon Named Boulder City Attorney

At a special meeting on April 8 members of the Boulder City Council voted unanimously on a motion by Councilman Macon Cowles to appoint Jerry Gordon as the new City Attorney. Gordon had been an Assistant City Attorney in Boulder for about ten years and was serving as Acting City Attorney. The position became vacant due to the resignation of former City Attorney Ariel Calonne, who accepted to a similar job in California.

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City and County Acquire Land for Open Space

The City of Boulder and Boulder County will acquire 157 acres of land near Longmont for open space. The 157-acre parcel is located at 8612 North 63rd Street, south of Nelson Road, and will be purchased for $2.6 million.

Under the purchase agreement Boulder County will hold title to the land and the City of Boulder will have a conservation agreement, protecting the property should a future County Commission attempt to sell it. Council members, at the April 15 meeting, voted 8 to 1 on a motion by Mayor Shaun McGrath to approve the purchase. Councilman Matt Appelbaum voted against the purchase, voicing concerns that the City should be acquiring property for open space closer to Boulder instead of within the City of Longmont's sphere of influence

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Historic Barn Gets Landmark Designation

The historic Glen Barn in east Boulder was awarded landmark status by the Boulder City Council on April 1. The barn, at 5653 Baseline Road, was constructed in 1920 and is considered part of one of the last remaining farm complexes in the city. Under the landmark agreement the property owner will be allowed to build three new residences on the site, retaining only the barn.

On a motion by Councilman Macon Cowles the designation was approved on a unanimous vote, with Council member Angelique Espinoza absent.

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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.

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Pass It On

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

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