DRAFT City Council Minutes - 01.08.26

CITY COUNCIL SPECIAL MEETING Council Chambers Thursday, January 8, 2026

MINUTES 1.

Call to Order and Roll Call: Mayor Brockett called the meeting to order at 5:30 p.m. Council Members present:

Adams, Benjamin, Brockett, Kaplan, Marquis, Schuchard, Speer, Wallach (arrived at 5:45 p.m.), Winer

Motion Motion to AMEND the agenda to:

Made By/Seconded Speer / Marquis

Vote Carried 8:0

ADD: Item 3 – Summary report of the City’s response to the Public Service Power Shutoff event and windstorms REMOVE: Item 4D - Consideration of a motion authorizing staff to send a letter from the City Council to Xcel Energy – To be placed on the January 22nd, 2026 meeting. 2.

Open Comment: (Public comments are a summary of actual testimony. Full testimony is available on the council web page at: https://bouldercolorado.gov/city-council > Watch Live or Archived Meetings.) Open Comment opened at 5:32 p.m.

1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15.

Philip Ogren spoke on Housing and NCar (In-Person) Markus Leben spoke on Flock Camera License Renewal (In-Person) Larissa Harrison spoke on residential sustainability (Virtual) Dorrin Ashrafi Soltanahmadi spoke on sustainable buffs in neighborhoods (Virtual) Rob Smoke spoke on local government (In-Person) Lynn Segal spoke on CARE retrofit designed to discourage energy efficiency (In-Person) Elisabeth Sopka spoke on holding a study session on proportional representation (Virtual) Laura Gonzalez (Virtual) - did not show Evan Ravitz spoke on various (In-Person) Taylor Colety spoke on Flock Cameras (In-Person) James Gilbert spoke on outages and exploring sustainable energy utility (Virtual) Leslie Glustrom spoke on letter to Xcel and Power Outages (In-Person) Celeste Landry spoke on proportional representation (In- Person) James Duncan spoke on Boulder spiritual, character health (In- Person) Christine Brescoll spoke on need for keeping South Boulder Rec (InPerson)

Open Comment closed at 6:12 p.m. Council adjourned for a brief recess at 6:12 p.m. and reconvened to start the official business of the meeting at 6:30 p.m. 3.

ADDED: SUMMARY REPORT FROM THE CITY OF THE RESPONSE TO THE PUBLIC SERVICE POWER SHUTOFF (PSPS) EVENT AND WINDSTORMS Deputy City Manager, Chris Meschuk, provided a summary of City’s response to the windstorms event.

4.

Consent Agenda A.

Consideration of a motion to approve the September 4, 2025 City Council Regular Meeting Minutes

B.

Consideration of a motion to approve the September 18, 2025 City Council Regular Meeting Minutes

C.

Consideration of motion to CANCEL the January 15th, 2026 Regular Meeting due to the Council retreat being scheduled for January 12-13th AND, CONVERT the January 22nd Study Session to a Special Meeting

D.

Consideration of a motion authorizing staff to send a letter from the City Council to Xcel Energy - REMOVED

E.

Consideration of a motion to authorize the city manager to enter into a settlement agreement to resolve a claim asserted by Mary Joy Linfield for payment in the amount of $91,332.00

F.

Consideration of a motion to approve and authorize the city manager to enter into the First Amendment to Agreement for the Lease of Use of City Fiber Option Cable between Office Partners, Inc., and the City of Boulder, in substantially the same form as Attachment A to this Memorandum

G.

Consideration of a motion to approve and authorize the city manager to sign the Governing Festival and City Services Agreement between the City of Boulder and The Sundance Institute and the City of Boulder Central Area General Improvement District (“Agreement“), in substantially the same form attached to this Memorandum as Attachment A, and to authorize the city manager to negotiate any amendments to the Agreement, including, but not limited to the addition of supplemental plans, exhibits, and any necessary documents to effectuate the Agreement

H.

Consideration of a motion to adopt Resolution 1371 affirming the commitment to supporting electric vehicle adoption while opting out of the Colorado EV Charger Permitting Model Code and other state standards

I.

Introduction, first reading and consideration of a motion to order published by title only and adopt by emergency measure Ordinance 8735 adopting Supplement 165 which codifies previously adopted ordinances, Appendix Council Procedures, and other miscellaneous corrections and amendments, as amendments to the Boulder Revised Code, 1981; and setting forth related details

J.

Consideration of the following items related to a petition for an annexation of approximately 24.04 acres of land approximately located at 5399 Kewanee Drive and 5697 South Boulder Road, including 55th Street right-of-way (LUR2025-00003): 1.

Consideration of a motion to adopt Resolution 1369 finding the annexation petition is substantially in compliance with Section 3112-107(1), C.R.S., and setting a hearing to determine compliance with other state statutory annexation requirements, and setting forth related details

2.

Introduction, first reading, and consideration of a motion to order published by title only Ordinance 8734 annexing to the City of Boulder approximately 24.04 acres of land generally located at 5399

Kewanee Drive and 5697 South Boulder Road and including portions of 55th Street right-of-way with an initial zoning classification of Public (P), and, for a portion of right-of-way, an initial zoning classification of Residential – Low 2 (RL-2) as described in Chapter-9-5, “Modular Zone System,” B.R.C. 1981; amending the Zoning District Map forming a part of said Chapter to include the property in the above-mentioned zoning districts; and setting forth related details K. Introduction, first reading, and consideration of a motion to order published by title only Ordinance 8736 rezoning approximately 65,122 square feet of land located at 5501 Arapahoe Avenue and adjacent rights-of-way from the Business - Community 1 (BC-1) to the Mixed Use 4 (MU-4) zoning district as described in Chapter 9-5, “Modular Zone System,” B.R.C., 1981, and setting forth related details. (Case no. LUR2025-00016). AND Introduction, first reading and consideration of a motion to order published by title only Ordinance 8737 rezoning approximately 56,896 square feet of land located at 5505 Arapahoe Avenue and the adjacent Arapahoe Avenue right-of-way from the Business - Community 1 (BC-1) to the Mixed Use 4 (MU4) zoning district, and rezoning the adjacent 56th Street right-of-way from Industrial - General (IG) to the Mixed Use 4 (MU-4) zoning district as described in Chapter 9-5, “Modular Zone System,” B.R.C., 1981, and setting forth related details. (Case no. LUR2025-00016) Motion Motion to ACCEPT consent agenda items A-C and E-K 4.

Made Vote By/Seconded Benjamin / Wallach Carried 9:0

Recess of the City Council to the Downtown Commercial District Meeting Mayor Brockett recessed the City Council meeting. Council member Speer made a motion to convene as the Downtown Commercial District Board of Directors. Council member Marquis seconded the motion. The motion was carried with a vote of 9:0.

5.

Meeting of the Downtown Commercial District Board of Directors A.

Call to order and roll call The following members were present: Adams, Benjamin, Brockett, Kaplan, Marquis, Schuchard, Speer, Wallach, Winer

B.

Consideration of a motion to adopt Resolution 319 of the City of Boulder Downtown Commercial District (formerly known as the Central Area General Improvement District) approving incentives offered to the Sundance Institute and authorizing the general manager to negotiate and execute a lease with the Sundance Institute; and setting forth related details.

Director Brockett made a motion to adopt Resolution 319. Director Marquis seconded the motion. The motion was approved unanimously. Director Brockett made a motion to adjourn as the Downtown Commercial District Board of Directors. Director Kaplan seconded the motion. The motion passed unanimously. C.

Adjournment of the Downtown Commercial District Board of Directors

Mayor Brockett made a motion to reconvene as the Boulder City Council. Council member Marquis seconded the motion. The motion passed unanimously. 6.

Reconvene as the Boulder City Council

7.

Call-up Check-in A.

Consideration of a form-Based Code Review for redevelopment of the properties located at 5501 and 5505 Arapahoe Ave. with a new, five-story mixed use building containing 300 dwelling units and 2,918 square feet of retail and production business space. Reviewed under application LUR202500027

Council member Marquis made a motion to call up the item. Council Member Wallach seconded the motion. The motion was defeated with a vote of 4:5. NO ACTION Council member Winer left the meeting at 7:02 p.m. due to illness. 8.

Public Hearings A.

Consideration of a motion to adjourn as the Boulder City Council and convene as the Knollwood Metropolitan District Board of Directors; and Consideration of a motion to adopt Resolution 4 appropriating money to defray the expenses and liabilities of the Knollwood Metropolitan District for the 2025 fiscal year beginning January 1, 2025; and setting forth related details and Consideration of a motion to adjourn as the Knollwood Metropolitan District Board of Directors and reconvene as the Boulder City Council

Mayor Brockett made a motion to adjourn as the Boulder City Council and convene as the Knollwood Metropolitan District Board of Directors. The motion was seconded by Council member Marquis. The motion passed unanimously with a vote of 8:0. Joel Wagner, Finance Deputy Director, provided a presentation and answered questions from the board. The public hearing opened at 7:08 p.m. and the following spoke: 1. 2.

Lynn Segal (In Person) Laura Gonzalaz (Virtual) - did not show

The public hearing closed at 7:10 p.m. Motion Motion to adopt Resolution 4 appropriating money to defray the expenses and liabilities of the Knollwood Metropolitan District for the 2025 fiscal year beginning January 1, 2025; and setting forth related details A.

Made By/Seconded Speer / Benjamin

Vote ADOPTED 8:0

Consideration of the following items related to a petition to annex a property generally located at 915 5th Street with an initial zoning designation of Residential – Estate (RE) (LUR2024-00062): (A) Annexation of Annexation Area No. 1 (easterly 0.48-acre portion of land): (1) Consideration of a motion to adopt Resolution 1364, setting forth Findings of Fact and Conclusions regarding the annexation of approximately 0.48 acres of land generally located on the easterly portion of said property; AND (2) Second reading and consideration of a motion to adopt Ordinance 8728 annexing to the City of Boulder approximately 0.48 acres of land generally located on the easterly portion of said property with an initial zoning designation of Residential – Estate (RE) as described in Chapter-9-5, “Modular Zone System,” B.R.C. 1981; amending the Zoning District Map forming a part of said Chapter to include the property in the above-mentioned zoning district; and setting forth related details AND, IF ORDINANCE 8728 IS ADOPTED:

(B) Annexation of Annexation Area No. 2 (westerly 0.48-acre portion of land): (1) Consideration of a motion to adopt Resolution 1365 setting forth Findings of Fact and Conclusions regarding the annexation of approximately 0.48 acres of land generally located on the westerly portion of said property AND (2) Second reading and consideration of a motion to adopt Ordinance 8729 annexing to the City of Boulder approximately 0.48 acres of land generally located on the westerly portion of said property with an initial zoning classification of Residential – Estate (RE) as described in Chapter 9-5, “Modular Zone System,” B.R.C. 1981; amending the Zoning District Map forming a part of said Chapter to include the property in the above- mentioned zoning district; and setting forth related details AND, IF ORDINANCES 8728 AND 8729 ARE ADOPTED:

(C) Second reading and consideration of a motion to adopt Ordinance 8730 granting consent by the City of Boulder to the inclusion of approximately 1.294 acres of land generally located at 915 5th Street into the Municipal Subdistrict, Northern Colorado Water Conservancy District Chandler Van Schaack, Development Review Planner, provided a presentation and answered questions from Council. The public hearing opened at 7:23 p.m. and the following spoke: 1. 2.

Lynn Segal (In-Person) Laura Gonzalaz (Virtual) did not show

The public hearing closed at 7:25 p.m. Motion Motion to adopt Resolution 1364, setting forth Findings of Fact and Conclusions regarding the annexation of approximately 0.48 acres of land generally located on the easterly portion of said property

Made By/Seconded Marquis / Benjamin

Vote ADOPTED 8:0

Motion to adopt Ordinance 8728 Marquis / Bejamin annexing to the City of Boulder approximately 0.48 acres of land generally located on the easterly portion of said property with an initial zoning designation of Residential – Estate (RE) as described in Chapter-95, “Modular Zone System,” B.R.C. 1981; amending the Zoning District Map forming a part of said Chapter to include the property in the abovementioned zoning district

ADOPTED 8:0

Motion to adopt Resolution 1365 setting forth Findings of Fact and Conclusions regarding the annexation of approximately 0.48 acres of land generally located on the westerly portion of said property

ADOPTED 8:0

Speer / Brockett

Motion to adopt Ordinance 8729 Benjamin / Kaplan annexing to the City of Boulder approximately 0.48 acres of land generally located on the westerly portion of said property with an initial zoning classification of Residential – Estate (RE) as described in Chapter 9-5, “Modular Zone System,” B.R.C. 1981; amending the Zoning District Map forming a part of said Chapter to include the property in the abovementioned zoning district

ADOPTED 8:0

Motion to adopt Ordinance 8730 granting consent by the City of Boulder to the inclusion of approximately 1.294 acres of land generally located at 915 5th Street into the Municipal Subdistrict, Northern Colorado Water Conservancy District

ADOPTED 8:0

B.

Kaplan / Marquis

Continued second reading and consideration of a motion to pass with amendments Ordinance 8721 amending Section 4-20-43, “Development Application Fees,” Title 6, “Health, Safety, and Sanitation,” Title 8, “Parks, Open Spaces, Streets, and Public Ways,” Title 9, “Land Use Code,” Section 10-8.5-2, “Adoption of International Wildland-Urban Interface Code with Modification,” and Section 11-1-25.5, “Duty to Avoid Waste of Water and to Maintain Service Lines and Fixtures, B.R.C. 1981, related to

landscaping, water conservation, and wildfire resilience; and setting forth related details – NO PUBLIC TESTIMONY Karl Guiler, Development Code Amendment Manager, provided a presentation and answered questions from Council. Lauren Freels, Sustainability Senior Program Manager, Brad Mueller, Planning and Development Services Director and David Lowrey, Fire Marshall also answered questions from Council. Motion Motion to pass with amendments Ordinance 8721 amending Section 4-2043, “Development Application Fees,” Title 6, “Health, Safety, and Sanitation,” Title 8, “Parks, Open Spaces, Streets, and Public Ways,” Title 9, “Land Use Code,” Section 10-8.5-2, “Adoption of International Wildland-Urban Interface Code with Modification,” and Section 11-1-25.5, “Duty to Avoid Waste of Water and to Maintain Service Lines and Fixtures, B.R.C. 1981, related to landscaping, water conservation, and wildfire resilience; and setting forth related details 9.

Made By/Seconded Benjamin / Schuchard

Vote AMENDED AND PASSED 8:0

Matters from the City Manager A.

2026 Council Committee Appointments Discussion

Heather Stauffer, Intergovernmental Officer and Megan Fainelli, City Council Program Manager, provided a presentation and answered questions from Council. Council finalized their 2026 committee appointments. 10.

Matters from the City Attorney

11.

Matters from the Mayor and Members of Council

12.

Discussion Items

13.

Debrief

14.

Adjournment

There being no further business to come before Council at this time, by motion regularly adopted, the meeting was adjourned by Mayor Brockett at 8:24 p.m. Approved this 2nd day of April 2026. APPROVED BY:

______________________________ Aaron Brockett, Mayor ATTEST:

________________________________ Elesha Johnson, City Clerk