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PLAN-Boulder County

The Boulder County Peoples Advocate Oct., 2006

Boulder County public affairs news and analysis


 

Previous issues

In this issue

Election issue extra
Council Responds to Smoke Comments
Business Subsidies Plan Approved by Council
Council Keeps Planning Reserve Open for Development
Council Endorses School Bond Issue
Transit Village Concepts Sent to the Public
Washington School Developer Selected
ACLU Rates State Legislators
Why We Are Here
Pass it on

Election issue extra

Members and Friends of PLAN-Boulder County - Election season is upon us and, as usual, PBC is participating in a combined literature drop in Boulder with other groups. The Lit Drop will take place this weekend (Oct 14-15) and we are asking for volunteers to walk a precinct in the City of Boulder. We will have literature from PBC (endorsements list), Sierra Club (endorsements list), Annexation ByVote, and Clean Water. If you can participate in the Lit Drop, please contact Thom Krueger, 303-440-0952. We also need help with collation of literature at 6 p.m. Friday night at 335 17th St. (south of Baseline).

PLAN-Boulder endorsements follow. We have endorsed the following issues and candidates and urge a yes vote for each.

Yes on 2A — Annexation By Vote
ABV requires that citizens have the final say, by vote, on all major annexations to the city for development. We believe the citizens are best to make these critical decisions.
Yes on 202 — Climate Smart
This will allow Boulder to take a leadership role in setting up a direct energy-use tax to fund the implementation of the Kyoto Accord's measures. It will also act as an incentive for the community to utilize the energy conservation incentives.
Yes on 1A — Boulder County Transit and Trails
This small sales tax increment would provide fundingfor improved levels of transit service and critical trail needs. It would also lead to more widespread EcoPassavailability and improved special transit service.
Candidates
Mark Udall — U.S. Congress, District 2
Angie Paccione — U.S. Congress, District 4
Bill Ritter — Governor
Tom Mayer — Boulder County Commissioner
Joan Fitz-Gerald — State Senate District 16
Alice Madden — StateHouse District 10
Jack Pommer — State HouseDistrict 11
Paul Weissman — State House District 12
Claire Levy — State HouseDistrict 13
Dianne Primavera — State House District 33

On Friday, Oct. 13 our luncheon forum will be on the Annexation By Vote ballot issue. Come discuss this important matter! Annexation By Vote, Oct. 13, 12-1:30 p.m., Boulder Creek Room, Main Boulder Library.

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Council Responds to Smoke Comments

Comments on aprivate website led Boulder City Council members to verbally condemn Human Relations Commission member Rob Smoke. On his MySpace.com website Smoke made observations about the HRC and his personal sex life, leading to a complaint from an unidentified person. Council's response to the Smoke allegations was led by Suzy Ageton, who initially sought approval from Council to formally investigate Smoke's comments.

Ageton proposed that council direct the City Attorney to prepare a Notice of Proposed Agency Action, accusing Smoke of having engaged "in conduct that may be considered inconsistent"with his role as a member of the commission. Ageton also wanted the Council to appoint a special Council subcommittee "to act as a hearing body with regard to charges made" against Smoke, none of which were outlined or defined.

Judd Golden, chairman of the Boulder County chapter of the American Civil Liberties Union, appeared at the Council meeting on Sept. 5 and warned the City Council against infringing on Smoke's right of free expression. The allegations made by Ageton concerned Smoke's comments on a non-governmental website and are thereby protected by the First Amendment to the U. S. Constitution, whether Ageton and her Council colleagues approve of them or not.

Council adjourned its Sept. 5 meeting before taking up Ageton's motions. Smoke was not present at the meeting, not having been informed of Ageton's intentions until the morning of the meeting. He was in New York on Sept. 5 and unable to appear to respond to the allegations.

At the Council meeting on Sept. 19, Ageton again raised the Smoke subject, although negative newspaper editorials and citizen comments apparently encouraged her to withdraw her earlier motions. Ageton led a verbal attack on Smoke and was joined by Council members Robin Bohannan,Shaun McGrath, Richard Polk, Mark Ruzzin and Andy Schultheiss.

After lambasting Smoke for his comments, Ageton offered a motion to create a two-member Council committee that would work with City staff to draft regulations outlining the role and responsibilities of the volunteer citizens who serve on Boulder's advisory boards and commissions. Her motion was designed to "enhance and clarify" the rules, create expectations for "conduct"when board and personal issues were "intertwined" and create a process for sanctioning or removing offenders. Ageton and Bohannan were approved as the two Council members on the committee.

Council members approved Ageton's motion unanimously.Shaun McGrath asked Ageton to involve the Boulder County ACLU in developing the process, a suggestion to which she reluctantly agreed. Ageton also stated that the Smoke matter was closed for the time being, but the Council's motion "provides notice" to Smoke about anyfurther comments which Council members may find objectionable.

Boulder Council Hotline E-mail on Smoke
ClayEvans on Rob Smoke's blog
Boulder County ACLU
Mr.Smoke's "My Space" Page
Denver Post on Smoke's MySpace Quips
Rocky Mountain News: Web postingstirs critics
Jann Scott on Boulder'sRight Winged Moralist Council
DailyCamera: New Rules for City Commissioners

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Business Subsidies Plan Approved by Council

The Boulder CityCouncil approved an $850,000 "pilot program" of subsidies and incentives toencourage the retention and recruitment of businesses in Boulder. The program, a keystone of City Manager Frank Bruno's "economic vitality" initiative, includes rebates of City taxes and fees, assistance for employee training and creation of a real estate loan pool for owner-occupied commercial and industrial buildings. The plan also allows employees of Boulder businesses who are not city residents to pay the same fees as residents for the use of City park and recreation facilities.

At their Sept. 5 meeting Council members voted 7to 1 to approve the plan, which will terminate on Dec. 31, 2007 unless renewed or expanded by Council. Councilman Shaun McGrath voted against the proposal and Mark Ruzzin was absent. McGrath had offered an amendment that would have required City Council approval of any funds used to recruit companies from outside Boulder. That motion was defeated on a 7 to 1 vote (Ruzzin absent). Council members Ageton, Bohannan, Eldridge, Gray, Polk, Schultheiss and Stoakes voted to keep the recruitment authority in the hands of the City Manager.

During discussion of the program City staff commented that Boulder needed to join other metro Denver municipalities in offering subsidies and incentives in order to show that the city was now "open for business." The staff also voiced a desire to end Boulder's supposed reputation as being "anti-business."

Ordinance to establish a pilot business incentive program, Agenda item 5B Ð Boulder City Council Ð Sept. 5, 2006
Public Hearing on Ordinance to establish a pilot business incentive program, Page 5, Item 5B Ð Sept. 5, 2006
Colorado Daily: Incentives Approved
Naturally Boulder: Boulder Weighs Business Incentives Program
Read what the city says about it's new business incentive rebateprogram
Bruno Proposes Corporate Subsidies
Bruno Offers Amended Incentives Program

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Council Keeps Planning Reserve Open for Development

The Boulder City Council, at its Sept. 19 meeting, refused to reconsider a controversial decision in May that kept open the possibility of allowing development in the Planning Reserve on 28th Street north of Jay Road. The Council's decision in May circumvented language in the Boulder Valley Comprehensive Plan to see if any substantial "community need", such as a big-box retail store, could be accommodated in the reserve.

A number of Boulder citizens, led by former Councilman Steve Pomerance, criticized Council for violating at least the spirit, if not the letter, of the comprehensive plan. The plan calls for consideration ofservice area expansions into the Planning Reserve only during the every-fiveyears update of the comprehensive plan. Councilman Shaun McGrath offered amotion to end further consideration of service area expansion until the 2010 update process. McGrath's motion was defeated on a 6 to 3 vote, with Council members Ageton and Gray joining McGrath. Council members Bohannan, Eldridge, Polk, Ruzzin, Schultheiss andStoakes voted to keep alive the option of allowing development in the Planning Reserve.

City Attorney's analysis on legality of Council's decision to keep 2005 Comp Plan Update open through 2006, into 2007 and possibly to 2010 - to facilitate big box development on the edge of town that is opposed by the majority of Boulder citizens
Council Vote on item 7B (pages 6 & 8): To Close the 2005Comprehensive Plan Update
City/County Approval Process Background Paper Ð See page 24-29 onService Area Expansion Process
Boulder Council Keeps Palmos Project Alive
Council Keeps Planning Reserve Development Option Open
City Poll Says Public Rejects Big Box Stores
Planning Board Rejects Palmos Project

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Council Endorses School Bond Issue

At its Sept. 5 meeting the Boulder City Council endorsed a $296.8 million school bond issue placed on the November ballot by the Boulder Valley School District. Funds from sale of the bonds will be used to repair and maintain schools in the district, plus construction of a replacement for Casey Middle School at 13th and High streets near downtown Boulder.

The City's Landmarks Advisory Board requested that Council not make an endorsement until the school district agreed to protect the historic sections of Casey Middle School from demolition. The building, Boulder's first middle school, was constructed in 1924. Council members ignored the board's request and endorsed the bond issue on a unanimous vote, with Mark Ruzzin absent.

BVSD Touts Tax Hike Ð A Question of Trust
Allocation of Potential BVSD Tax Increase Ð Which Schools Would Get How Much
Review BVSD's Facility Master Plan Report
School DistrictSeeks Bond Approval

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Transit Village Concepts Sent to the Public

Concepts for the land use plan for the Transit Village area in east Boulder were submitted to Boulder residents for their comments. After a long process City staff and consultants developed four conceptual approaches to developingthe 160-acre area surrounding the future RTD bus rapid transit and commuterrail stations northeast of the intersection of 30th and Pearl streets.

The concepts include a "current trends" baseline usingexisting zoning and three plans that would result in more construction ofresidential and commercial buildings. The "Junction Village" concept has the lowest density and greatest varietyin land uses and housing types. "Junction Center" has less variety and higher housing density. "Junction Place" maximizes employment. Common to all concepts is theRTD component, pedestrian, bicycle and transit connections and ample publicparks and open spaces. The City staff recommended against the "current trends"option but did not endorse any of the three others, encouraging citizens to"mix and match" features of each.

Boulder City Council members, at their Sept. 5 meeting, unanimously approved (with Ruzzin absent) sending the options to thepublic for comment. Since there appears to be a $25 to $35 million shortfall in funding public infrastructure for the three staff-developed options the staff will also develop financing strategies. Staff members stressed that most of the infrastructure costs will be borne by developers, since the Boulder Valley Comprehensive Plan mandates that "growth must pay its way."

Transit Village Area Plan: AtPlanning Board Oct. 19 at 6:00 PM; TransportationAdvisory Board Oct. 23 at 6:00 PM and City Council Oct. 31 at 7 p.m.
Give Your Input On-Line via the Transit Village Area Plan Survey
Moving Transit Village Area Plan to Public Review of Options and Options Impact Analysis, Agenda Item 5A Ð Boulder City Council Ð Sept. 5, 2006
Council Action on Transit Village Area Plan Ð Item 5A, page 4
Transit Village Area Plan Hits Roadblock
Planners Conduct More Transit Village Meetings

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Washington School Developer Selected

The Boulder City Council approved Wonderland Hill Development Company as the recommended developer for the Washington Elementary School property at Broadway and Cedar Street. The historic school was closed by the Boulder Valley School District in 2003 and targeted for sale in 2005. To protect the building from demolition the Boulder City Council negotiated a one-year lease with the school district to seek development proposals.

Wonderland Hill is a Boulder-based firm that has built a number of co-housing communities in Colorado, including several in Boulder. The company's proposal for Washington School was approved unanimously by Council on Sept. 19. Subject to final negotiations with planners the project will contain about 40 residential units primarily oriented to seniors along with arts and community facilities. Washington School would be preserved and landmarked as an historic property.

Wonderland Hill has, under a memorandum of understanding between the City of Boulder and the Boulder Valley School District, only 90 days to close on the purchase, a short time frame that may be difficult to accomplish. Wonderland Hill may seek an extension from the school board.

Comprehensive City Web Page on Washington School Redevelopment
Wonderland Hill Development Company Ð The Firm Selected to Redevelop Washington School
Boulder Council Approves Washington School Lease

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ACLU Rates State Legislators

The Colorado affiliate of the American Civil Liberties Union released a study of legislative voting during the 2006 regular and special sessions of the Colorado state legislature. The organization tracked 75 bills during the session, of which ten in the House of Representatives and nine in the State Senate came to votes. The ACLU primarily tracked legislation in the fields of education, elections and voting, employment rights, equal rights, freedom of speech and expression, immigration, law enforcement, medical issues, prisoner rights and reproductive rights.

According to the report members of the House agreed with ACLU positions on 43.3% of the votes, including 55.5% of the Democratic members and 29% of the Republicans. In the Senate the ACLU won 40.1% of thevotes, including those of 58.3% of Democratic senators and 20.9% of Republicans.

Boulder County legislators in the House supported the ACLU positions 54.3% of the time, while state senators were in support 59.7%. State Representatives Alice Madden, Tom Plant and Jack Pommer had 50% voting records while Paul Weissmann recorded a 67% mark. In the Senate Joan Fitz-Gerald had a 67% record on the ACLU issues, followed by Brandon Shaffer and Ron Tupa, with 56% each. All of Boulder County's state legislators are Democrats.

Eye on Colorado Ð Legislative Score Card
Other election information assistance: League of Women Voters

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Why We Are Here

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.

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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.

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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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