Boulder City Council - April 2, 2026

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• Call to Order and Attendance
• Public Comments
• Staff and Council Response to Public Comment
• Arts Week Declaration (3A)
• Consent Agenda (4A-4Q)
• Call-Up Check-In (5A-5D)
• Public Hearing (6A)
• Second Reading of Ordinance 8743: Festival Lodging Rental Licenses for Tenants
• Matters from the City Manager (7A)
• Exploring Authority to Modify the Tip Offset
• Adjournment

Call to Order and Attendance

(*Name or role uncertain, unclear, or incomplete)

• The meeting was called to order by Mayor Aaron Brockett.
• Attendance:
  • Council Members:
    • Taishya Adams (City Council Member)
    • Matt Benjamin (City Council Member)
    • Aaron Brockett (Mayor)
    • Rob Kaplan (City Council Member)
    • Tina Marquis (City Council Member)
    • Ryan Schuchard (City Council Member)
    • Nicole Speer (City Council Member)
    • Mark Wallach (City Council Member)
    • Tara Winer (Mayor Pro Tem)
  • Staff:
    • Nuria Rivera-Vandermyde (City Manager)
    • Mark Wolf (Assistant City Manager)
    • Elesha Johnson (City Clerk)
    • Brad Mueller (Planning and Development Services Director)
    • Tanya Pringle (Senior Project Manager, Planning and Development Services)
    • Meghan Wilson Outcalt (Water Quality Senior Manager for Utilities)
    • Jonathan Cohen* (Staff*)
    • Teresa* (Legal Staff*)
  • Other Attendees:
    • Nicholas Felder (Doctor of Musical Arts, Bright Futures Award recipient)
    • Jill Grano (Statewide Director of Housing for Sundance Festival Relocation)

Public Comments

• Finn Rose (Southern Hills Middle School): Spoke about his recovery from a stroke and how the South Boulder Rec Center has been crucial for his physical therapy and regaining strength on the right side of his body. He emphasized that the rec center provides a motivating environment for his workouts, including use of the rowing machine and other equipment for strength and balance.
• Laura Gonzalez: Spoke against the City Council, accusing them of suppressing Palestinian voices and partnering with surveillance technology companies like Flock. She demanded divestment from companies involved in what she termed genocide and criticized the council for not passing an anti-Islamophobia resolution while passing pro-Israel resolutions.
• Harry Ross: Discussed his work in 2023 to bring unleaded fuel to the Boulder airport, noting that his roadmap was incorporated into a state bill. He stated that about 75% of aircraft at the airport can now use unleaded fuel, with 100% expected to be capable soon. He also praised the new airport manager, Eric Bences.
• Autumn Archer (Boulder Area Labor Council, AFL-CIO): Spoke on behalf of workers regarding the rising cost of living and argued for maintaining the current state-level tipped wage offset. She refuted claims that tipped workers earn high incomes, citing a One Fair Wage report showing low median incomes and highlighting issues of wage theft and income inconsistency.
• Rachel Rose Isaacson (Former City Council candidate and tipped wage worker): Argued against freezing the tipped wage credit, describing the financial instability and struggles of tipped workers who often work multiple jobs to afford basic necessities. While acknowledging the struggles of small businesses, she urged the council to find solutions that do not place the burden on vulnerable workers.
• Penelope "Penny" Heller (Student): A young resident who spoke about the importance of the South Boulder Rec Center to her and other children in the neighborhood. She advocated for fairness and equity, questioning why their local rec center might be closed when other neighborhoods have access to similar facilities, connecting it to the city's 15-minute neighborhood goals.
• Sunny Vanderstar: Described the South Boulder Rec Center as the heart of its neighborhood ecosystem. She argued that the city's justification of low demand is flawed because it was preceded by a reduction in services. She called for a new vision for the center as a community hub that includes a library, senior spaces, and childcare.
• Matthew Twork (3rd grader, Bear Creek Elementary): A resident living near the South Boulder Rec Center, he spoke about its importance for kids and adults. He mentioned having his birthday party there and how his older brother uses it for workouts. He asked the council to fund the center for his neighborhood.
• Aldo Anglade (8 years old): Spoke to "save a pool," highlighting the importance of the South Boulder Rec Center pool for his swim team and as the only pool he can walk to. He emphasized that swimming is a critical life skill and the pool is a vital place for kids to learn and grow.
• Pam Unrau: Questioned the data used in the decision-making process for the South Boulder Rec Center, stating that no repair quotes were gathered and the option to save the current building was not considered. She noted the building's mid-century modern historic value and warned of shifting costs to social services if the center closes.
• Brenda Lee (Executive Director, Boulder Bear Coalition): Introduced her organization's work to reduce human-bear conflict. She highlighted a current project with city staff to update Boulder's outdated ordinance on electric fencing to make it easier for residents to legally and effectively protect hobby beehives and chicken coops.
• Kyle Ames (New Boulder resident): Stated the South Boulder Rec Center was a key reason he chose to move to his neighborhood and to Boulder. He described it as a vital community hub for his physical and mental health and his sense of connection to the community.
• Aiden Reed: Urged the council not to freeze the tip-based wage, arguing it would harm the working class and turn Boulder into a "permanent tourist destination" rather than a thriving community. He contended that any increase in the tip credit is money taken directly from workers' pockets.
• Ryan Bennett: Criticized the city's recreation center scenarios for lacking clarity, equity, and financial discipline. He argued that South Boulder is being asked to sacrifice core amenities like a pool and gym while other centers are expanded, which builds resentment and contradicts the city's 15-minute neighborhood commitment.
• Ender Bursik (8 years old): Voiced his support for having a quality rec center with a pool and gym in his South Boulder neighborhood. He questioned the fairness of building a large new center in East Boulder while potentially downgrading the facility in his area, emphasizing that some families cannot travel across town.
• Linda Gerstle: Spoke about the legacy of open space protection in Boulder and urged the council to honor that legacy by protecting public lands. She asked the council not to move forward with a ballot measure that would change the dedicated open space tax.
• Lucy Carlson-Krakoff (Bilingual prenatal specialist, Clinica): Spoke against increasing the tipped wage credit, which she framed as a wage cut. She proposed a commercial vacancy tax as a better solution to help restaurants with high rents. She highlighted that a wage freeze reduces workers' buying power and leads to poverty and poor health outcomes.
• Caden Bennett (14 years old, Fairview High School): An athlete who explained the importance of the South Boulder Rec Center pool for his physical recovery from high-impact sports. He described the pool as essential, not an extra, and emphasized the center's accessibility for kids who can walk there.
• Kristen Eller: Spoke in favor of paying workers a wage that allows them to live and thrive in Boulder. She argued against backtracking on minimum wage decisions without sufficient information and suggested exploring other ways to support businesses without negatively impacting workers' livelihoods.

Staff and Council Response to Public Comment

• Staff (Nuria Rivera-Vandermyde): Acknowledged the passion expressed for recreation centers and open space. She stated that staff are conducting a holistic and comprehensive analysis for the benefit of the entire community and encouraged residents to participate in the "Fund Our Future" online prioritization tool.
• Clarifying Question on Bear Fencing: In response to a question, staff clarified that a proposal has been submitted to update the ordinance regarding low-voltage electric fencing for bears, and it is something council could consider taking up in the future.
• Council Member Rob Kaplan: Thanked speakers and acknowledged the community's concerns about the South Boulder Rec Center. He noted the need for real numbers to understand the budget and pool capacity needs.
• Council Member Nicole Speer: Thanked everyone, especially the many South Boulder residents, for attending. She encouraged continued engagement with the "Fund Our Future" and Parks and Recreation planning processes.
• Mayor Pro Tem Tara Winer: Praised the young speakers, calling it the "best open comment ever."

Arts Week Declaration (3A)

• Presenter: Council Member Matt Benjamin, joined by Dr. Nicholas Felder.
• Summary:
  • Council Member Benjamin presented a declaration for Boulder Arts Week, which he noted is in its 12th year. The week celebrates Boulder's creative sector, which ranks 3rd in the nation for artist concentration and generates over $115 million in economic activity.
  • He introduced Dr. Nicholas Felder, this year's Boulder Arts Week Bright Futures Award recipient, who recently earned his Doctorate of Musical Arts from CU Boulder.
  • The declaration officially named April 3rd to April 12th, 2026, as Boulder Arts Week.
  • Dr. Felder gave a brief musical performance and accepted the declaration on behalf of the arts community. He spoke about the importance of art for expressing identity and praised the city's new Boulder Arts Blueprint for its commitment to building a welcoming and accessible creative community.

Consent Agenda (4A-4Q)

• Discussion:
  • Item 4F (Water Lease with Town of Erie): Council Member Adams asked for clarification. Staff explained the lease amount is minimal, does not jeopardize Boulder's water supply, and includes protections.
  • Item 4H (Area 3 Service Area Expansion Framework): Council Member Wallach thanked staff for a well-drafted resolution that captured all of the council's previous concerns.
  • Item 4P (Sales Tax on Battery Storage Systems): Council Member Marquis inquired about the timing and fiscal impact. Staff confirmed the ordinance change is effective immediately and the fiscal impact of $29,000 is accurate.
• Motion: A motion was made to approve the consent agenda (items 4A-4Q). The motion was seconded.
• Vote: The motion passed. Council Member Adams voted nay on item 4I (Area 3 planning framework) but yes on all other items. The rest of the council voted yes on all items.

Call-Up Check-In (5A-5D)

• Item 5A (Boulder Jewish Commons Site Review): No desire to call up.
• Item 5B (Left Hand Water District Tap Request): No desire to call up.
• Item 5C (Mixed-Use Student Housing at 1128th Street):
  • Council Member Wallach initially expressed a desire to call up the item for referral to the Design Advisory Board (DAB) due to concerns about the building's design.
  • Staff clarified that the project had already been reviewed and unanimously approved by the DAB at the concept stage, and the final plans reflect the board's input.
  • Council Member Wallach withdrew his request. No call-up.
• Item 5D (Landmark Alteration Certificate at 432 Concord Ave): No desire to call up.

Public Hearing (6A)

Second Reading of Ordinance 8743: Festival Lodging Rental Licenses for Tenants

• Presenter: Tanya Pringle (Senior Project Manager, Planning and Development Services)
• Summary: (Approx. 20 minutes)
  • This ordinance amends the city's short-term rental code to create a new license tier for festival lodging. It allows tenants in properties with existing long-term rental licenses to rent out their units during approved festivals, provided they have owner consent.
  • Key features include a one-year license term with a $75 fee. The goal is to expand lodging options for events like the Sundance Film Festival, promote equity by allowing tenants to participate, and maintain the city's long-term rental housing stock.
  • Existing city services, such as landlord-tenant mediation, would be available for any disputes that arise.
• Council Questions and Staff Responses:
  • Council members asked about the regulation of revenue-sharing agreements between landlords and tenants, dispute resolution, and potential for abuse. Staff clarified that the city does not regulate private lease agreements but that existing mediation services are available.
  • Concerns were raised about incentivizing participation. Staff noted that while the city cannot set revenue splits, market forces and partner organizations are expected to help standardize practices.
  • Questions were asked about the applicability of the chronic nuisance ordinance (the property owner remains responsible) and providing guidance to renters (staff are developing resources with partners like the Boulder Area Rental Housing Association (BARHA)).
  • A suggestion was made to consider a throttled fee in the future to encourage early applications.
• Public Comment:
  • Lynn Segal: Opposed the ordinance as part of her broader opposition to the Sundance Film Festival coming to Boulder.
  • Cody Ramo (President, BARHA): Supported the ordinance but requested a modification to allow property owners the option to participate with vacant units only, without being required to permit tenant subleasing. He argued this would increase overall participation.
  • Jill Grano (Statewide Director of Housing for Sundance Festival Relocation): Supported the ordinance as written, emphasizing the equity of allowing tenants to participate. She noted that platforms like Airbnb have established programs for this, including insurance, tax remittance, and typical revenue splits of 10-25% for landlords.
• Council Discussion:
  • Council members generally supported the ordinance as a way to increase lodging and provide economic opportunities for tenants.
  • The request from BARHA for a "vacant-only" option was discussed. The majority of council did not support this change, citing a desire to maximize available units and ensure renters could benefit financially.
  • Members expressed the need to monitor the program for fairness and ensure renters are protected.
• Motion: Council Member Wallach moved to adopt Ordinance 8743 on second reading. Council Member Benjamin seconded. The motion passed. (The transcript of the roll call vote was incomplete, but subsequent actions indicate passage).

Matters from the City Manager (7A)

Exploring Authority to Modify the Tip Offset

• Presenters: Mark Wolf (Assistant City Manager) and Megan* (Tip Offset Project Manager)
• Summary: (Approx. 1 hour)
  • Staff presented an overview of the city's new legal authority to modify the tip offset (also known as the tip credit), which is the amount employers can subtract from the minimum wage for tipped workers. The presentation included national, regional, and local data on the restaurant industry, wages, and workforce demographics.
  • Four conceptual policy options were presented for council feedback:
    • Option 1 (Status Quo): Retain the current state-level $3.02 tip offset. The base wage for tipped employees would continue to rise with the city's minimum wage.
    • Option 2A (Moderate Increase): Increase the tip offset such that the base wage for tipped employees increases at the same percentage as the overall minimum wage.
    • Option 2B (Slightly Higher Increase): Set the tip offset to equal 20% of the minimum wage annually.
    • Option 3 (Maximize Offset): Increase the tip offset to the maximum allowed by state law, which would result in a decrease to the base wage for tipped employees in 2027.
  • An additional proposal from Council Member Benjamin was also discussed, which would temporarily freeze the base wage for tipped employees at its current level ($13.80/hour) until a sunset date of January 1, 2029, to allow for a more comprehensive review.
• Council Discussion and Straw Polls:
  • Council was divided. Some members favored the status quo, arguing that a compromise was already reached in 2024 and that workers are struggling with the cost of living. Others supported increasing the tip offset to provide financial relief to the struggling restaurant industry, citing anecdotal evidence of business pressures and reduced hours for workers.
  • Straw Poll Results on Options for Further Study:
    • Option 1 (Status Quo): Keep for consideration (5 votes)
    • Option 2A (Moderate Increase): Keep for consideration (6 votes)
    • Option 2B (Slightly Higher Increase): Keep for consideration (5 votes)
    • Option 3 (Maximize Offset): Remove from consideration (0 votes)
    • Councilmember Benjamin's Proposal (Freeze): Keep for consideration (5 votes)
• Discussion on Timeline and Engagement:
  • Staff had proposed a timeline with a public hearing on June 18th to provide certainty to businesses and employees for 2027 planning.
  • Several council members advocated for delaying the timeline until the fall to allow for more complete 2025 economic data to be analyzed and to ensure CU Boulder students could be engaged. Others argued against delay, citing the urgency of the issue for local businesses.
  • A straw poll showed the council did not have a majority to proceed with the June 18th timeline.
  • Decision: The council directed that the scheduling of the public hearing and final action be referred to the Council Agenda Committee (CAC) for further discussion, pending more information from staff on data availability and potential engagement timelines.

Adjournment

• The meeting was adjourned at 9:04 PM.