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City Council Minutes - 2012-10-16 CITY OF BOULDER CITY COUNCIL PROCEEDINGS October 16, 2012 1. CALL TO ORDER AND ROLL CALL Mayor Appelbaum called the regular October 16, 2012 City Council meeting to order at 6:00 p.m. in Council Chambers. Those present were: Mayor Appelbaum and Council Members Ageton, Becker, Cowles, Jones, Karakehian, Morzel, Plass, and Wilson. 2. OPEN COMMENT and COUNCIL/STAFF RESPONSE 6:05 p.m. 1) Dwayne Schossow, representing the Old Hire police and fire pensions - asking for a 10% cost of living pension increase and to raise retiree benefits equal to that of widows. Council Member Karakehian noted that there were several Police retirees in the audience that represented over 250 years of service to the city and thanked them for their service. 2) Angelique Espinoza, representing the Chamber of Commerce - supported ballot measures 2A, 2C and 2D. 3) Karey Christ-Japer thanked Council for giving the community, council and staff the opportunity to spend more time looking at municipalization metrics. She also stressed the importance of DSMs. 4) Rob Smoke, 26 year city or county resident - regarding disposable bags and MMJ fees, should go to a vote of the people. 5) Gary Horton, representing Boulder Tomorrow - also supported the manager's recommendation to pull consideration of the municipalization metrics. 6) Stacy Balcom, proclaimed the art fair she initiated for the Boulder Creek Festival was violated by the city of Boulder as the city had not followed city, state and federal tax laws to compete with her. She claimed that the city stole her vendor e- mail list and aided the owner of the Boulder Creek Festival - spoke to the harassment by the Boulder Police Department, the District Attorney and the City of Boulder. 7) Roger Koenig - expressed disappointment in the municipalization metrics as presented noting that the financial risk analysis was not presented. 8) Gabriel Conners - spoke to many items on the agenda including the bag fees, Medical Marijuana fees, Homeless resource officer and the municipalization metrics. 9) Lenny Frieling, County resident, municipal judge and long time advocate regarding Medical Marijuana indicated that state law could be over regulating (showed the state regulation book which was''/2 inch thick). Noted that Boulder is doing a great job. 10) Marta Turnbull - spoke to opposition to closing medical marijuana grow facilities if they don't have distribution centers in the city. COUNCIL/STAFF RESPONSE I City Manager Brautigam Spoke in appreciation of the Old Hire Police Association and noted that Bob Eichorn was on their board and had been working with them to increase bonds to shore up their pensions. She noted that it was a very complex issue and that a study session was planned in the 2°a quarter of 2013 to discuss the issue further. Council Member Morzel asked City Manager Brautigam if by 2013, the Council wanted to make adjustments in the budget for the Old Hire Police, would there be room in the budget. City Manager Brautigam stated there were reserve funds available that could be drawn from and indicated it would take away from savings. This would be an ongoing expense. The pension employees would have to vote on amendments to the pension plan to enable the city to assist. 3. CONSENT AGENDA 6:40 p.m. A. CONSIDERATION OF A MOTION TO APPROVE TuF AUGUST 7, 2012 CITY COUNCIL MEETING MINUTES B. CONSIDERATION OF A MOTION TO APPROVE THE AUGUST 21, 2012 CITY COUNCIL MEETING MINUTES C. CONSIDERATION OF A MOTION TO ACCEPT THE SUMMARY OF THE AUGUST 28, 2012 STUDY SESSION ON THE BOULDER PRIMARY EMPLOYER STUDY D. CONSIDERATION OF A MOTION TO ACCEPT THE SUMMARY OF THE SEP. 11, 2012 STUDY SESSION ON THE 2013 RECOMMENDED BUDGET E. CONSIDERATION OF A MOTION TO APPROVE THE MUNICIPALIZATION CHARTER REQUIREMENT METRICS This item was removed by Council Member Wilson and rescheduled with consensus by city council to the November 15 meeting. F. SECOND READING AND CONSIDERATION OF A MOTION TO ADOPT ORDINANCE NOS. 7866, 7867, 7868 AND 7869 AMENDING: 1) SECTION 9-3-2, 11FLOODPLAINS," B.R.C. 1981 IN ORDER TO MEET REQUIREMENTS OF THE, NATIONAL FLOOD INSURANCF. PROGRAM; 2) SECTION 9-3-3, "REGULATIONS GOVERNING THE FLOODPLAIN," S.R.C. 1981 IN ORDF,R TO MEET REQUIREMENTS OF THE COLORADO WATER CONSERVATION BOARD; 3) SECTION 9-3-4, "REGULA'T'IONS GOVERNING THE CONVEYANCE ZONE," B.R.C. 1981, TO ADD STANDARDS RELATED TO RISES IN FLOOD ELEVATIONS ON PUBLIC LAND AND EASEMENTS; AND 4) SECTION 9-16-1, "DEFINITIONS," B.R.C. 1981 TO MODIFY THE. CONVEYANCE ZONE DEFINITION. G. CONSIDERATION OF A MOTION TO ADOPT AN EMERGENCY ORDINANCE AUTHORIZING THE ISSUANCE BY THE CITY OF BOULDER, COLORADO (ACTING THROUGH ITS WATER UTILITI' ENTERPRISE AND WASTEWATER UTILITY ENTERPRISE), OF ITS WATER AND SEWER REVENUE REFUNDING BONDS, SERIES 2012, IN A PRINCIPAL AMOUNT OF $24,325,000.00 FOR THE PURPOSE OF PROVIDING FUNDS (A) TO ADVANCE REFUND A PORTION OF CERTAIN PREVIOUSLY ISSUED BONDS OF THE, CITY AND (B) TO PURCHASE A SURETY BOND FOR DEPOSIT IN THE RESERVE FUND AND (C) TO PAY NECESSARY, INCIDENTAL AND APPURTENANT EXPENSES IN CONNECTION THEREWITH, INCLUDING THE COST OF ISSUANCE OF THE. 2012 BONDS; PROVIDING THE FORM, TERMS AND CONDITIONS OF THE 2012 BONDS, THE MANNER AND TERMS OF THEIR ISSUANCE, THE MANNER OF THEIR EXECUTION, THE METHOD OF PAYING THEM AND THE SECURITY THEREFORE; PROVIDING FOR THE COLLECTION AND DISPOSITION OF GROSS INCOME DERIVED FROM THE OPERATION OF THE MUNICIPAL SANITARY SEWER SYSTEM AND THE MUNICIPAL WATER SYSTEM; PROVIDING FOR THE PAYMENT OF THE 2012 BONDS FROM THE NET INCOME OF THE WATER SYSTEM AND SANITARY SEWER SYSTEM; PROVIDING OTHER DETAILS CONCERNING THE 2012 BONDS, THE WATER SYSTEM, THE SANITARY SEWER SYSTEM, AND FUNDS APPERTAINING THERETO INCLUDING, BUT NOT LIMITED TO, COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; PROVIDING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY AND PROVIDING THE EFFECTIVE DATE HEREOF. H. INTRODUCTION, FIRST READING AND CONSIDERATION OF A MOTION TO ORDER PUBLISHED BY TITLE ONLY AN ORDINANCE AMENDING TITLE 6, "HEALTH SAFETY AND SANITATION," CHAPTER 4, "REGULATION OF SMOKING," B.R.C. 1981, INCLUDING THE ADDITION OF "MALI." AND A NEW SECTION 6-4-5.5, "NO SMOKING ON THE MALI,," AND SETTING FORTH RELATED DETAILS This item was introduced as presented with the additional request to have a second option presented at second reading by Council Member Becker regarding penalties as outlined in the handout from the City Attorney. Mayor Appelbaum considered this to be a friendly amendment to include two options for consideration on second reading with the additional option including the handout to council. Council Member Morzel asked how the boundaries were decided and why it was just the pedestrian mall and not the East and West ends of Pearl Street. She also asked what would be involved in an expanded ban to include the Southern area and the Municipal Campus from 6°i street to 14'h street and perhaps the Boulder Creek Path. She also requested on second reading, to learn more about the ban in Arvada where they extend a ban on smoking in to all the city parks, open space and public areas and what it would take to adopt a similar ban. City Attorney Tom Carr said there was no legal restriction to expanding the ban. Although Council would need to determine if further outreach would be appropriate. 1. INTRODUCTION, FIRST READING AND CONSIDERATION OF AN ORDINANCE. AMENDING CHAPTER 6-14, "MEDICAL MARIJUANA," B.R.C. 1981, INCREASING FEES IN SECTION 4-20- 64 "MF,DICAL MARIJUANA BUSINESSES," B.R.C. 1981, AND SETTING FORTII RELATED DETAILS Mayor Appelbaum asked City Attorney Tom Carr if the items listed in the packet regarding medical marijuana should be addressed at second reading. City Attorney Tom Carr agreed that that any issues raised would be considered as second reading questions. Council Member Plass asked if it was constitutionally defensible for a landlord to enter the premise of a medical marijuana business. Council Member Becker asked what parts of the ordinance go to which courts and why. J. INTRODUCTION, FIRST READING AND CONSIDERATION OF A MOTION TO ORDER PUBLISHED BY TITLE ONLY AN EMERGENCY ORDINANCE ADOPTING SUPPLEMENT N0.114, WHICH CODIFIES PREVIOUSLY ADOPTED ORDINANCE NOS. 7850, 7852, 7853, AND THE COUNCIL PROCEDURE APPENDIX AND OTHER MISCELLANEOUS CORRECTIONS AND AMENDMENTS, AS AN AMENDMENT TO THE BOULDER REVISED CODE, 1981 Council Member Becker moved. seconded by Council Member Wilson, to approve Consent Ap-enda items 3A tI]1`OUgh 33 with itein 3E removed and 3H directed to come back at second reacting with two options on November 15, 2012. The second option with the additional version as presented to state, "(b) the inaxilnurn penalty for a_first or second conviction within two years, based on date of violation of this Section, is a fine of $500.00. For a third and each subsequent conviction within two years, based upon the date of the first violation, the general penalty provisions of Section 5-2-4, "General Penalties," B.R.C. 1981, shall apply." The motion carried 8:0, Council Membcr Cowles was absent at 7:05 p.m. 4. POTENTIAL CALL- UP CHECK IN 7:07 p.m. No interest was expressed in the call-up of items 8A-1 or 8A-2. ORDER OF BUSINESS 5. PUBLIC HEARINGS 7:08 p.m. Items 5A through 5G had one public hearing* 7:08 p.m. Presentation of this item was provided by City Manager Brautigam and Chief Financial Officer Bob Eichem. The city budget is approximately $255M which is divided into two budgets, an Operating Budget which is approximately $221 M and a Capital Budget which is approximately $33.5M. The federal govenunent is infusing approximately $1 OM for transportation. The city gets approximately 40% of funding from Sales and Use Taxes. City Expenditures include Transportation, Public Safety Services and many other services including Open Space and Mountain Parks. The Budget Summary is to allocate available funding in 2013 according to community and council priorities, to increase the General Fund reserve requirement to 15% and to invest in the City's infrastructure. In 2013 an extra pay period is on the calendar (27 instead of 26), this occurs approximately every 11 years due to the passing of leap years and is an impact to the budget. Priority Based Budgeting (PBB) helps identify what to fund first based on the community outcomes valued by the city. These valued outcomes included; environniental sustainability, a healthy and socially thriving coininunity, a community that is accessible and connected, economically vital and safe, and a community that has good governance. There is a PBB Peer Review Group Process to identify ratings. The programs are ranked and divided into four4 quartiles and appropriate funding is then allocated. Boulder's Energy Future was outlined and presented showing the $1.9 million Utility Occupation Tax allocated in 2013 to legal services, consulting services and the Executive Director. Old Hire and Fire Pensions would need additional time at the study session referenced earlier by the City Manager because of the complex nature and tough discussion required for the separate plans. Council Questions: Council Member Morzel supported a 15% reserve. She asked if the 27 pay-period would be handled in the future through amortization. Chief Financial Officer, Bob Eichem confirmed that was being done. Council Member Ageton asked specifically about the $303,000 for backfill and if the city had to backfill positions for major city projects. She asked whether the request for use of General Funds had ever taken place before. She also expressed concern that the voters may have thought the ballot measure that passed covered the costs for the project. She then asked if staff had considered placing a cap on the amount on funds which the General funds could be used for backfill purposes. City Manager Brautigam answered that dollars needed for backfill could vary with each year. City Manager Brautigam responded that a specific request had not happened in the past and while backfill monies have been used temporarily for projects, it occurs intermittently. She gave the example of focusing dollars in the City Attorney area which had taken some employees out of their regular roles. Backfll is needed to perforin the duties of the employees that have been removed to complete special duties outside of their normal duties. Flexibility as to where the backfill dollars would go is necessary. No caps for backfill were discussed, but staff would be responsible for monitoring and ensuring that spending be accountable. Council Member Karakehian stated that many departments were not used to the allocation of time and tracking dollars. He was also concerned about using the General Fund to support the exploration and municipalization alternatives. City Manager Brautigam indicated that the percentage of time spent throughout the year on specific projects and dollars spent, would be tracked and provided to council at the end of the year. The gross estimates of time and dollars information could not be prospective. It would be retrospective reporting. Council Member Wilson noted that Police Chief Beckner agreed to combine some of the officers from the Hill and Pearl Street Mall and asked if there were enough uniformed officers available to cover the needs of the city. Police Chief Beckner stated that the model used to assigned police officers from both areas had ~I i been going on for approximately IS years. The current staffing level had been at the current level for approximately 16 years. As bar closings occur, problems have continued from the mall area up to the Hill. A staff analysis was conducted and confirmed that more police presence was needed at bar closing time. The concept of a Power Shift would shift more police force on the street at the back end of the Swing Shift. This gives the Police Chief more flexibility to move officers around as needed. Officers are not being added for next year. The number of supervisors would not change and he expressed that staffing was adequate. The police system of Educate, Warn and Enforce seems to be work well in this community. Council Member Ageton pointed to attachment E of 5A, and asked about the two-year fixed term position for a Homeless Resource Officer and asked why it was moving to an ongoing position. Budget Manager, Peggy Bunzli stated it was a typo that had been fixed. It was intended as an ongoing position from the beginning. At the conclusion of Council Questions the public hearing was opened: 1) Angelique Espinoza - regarding the General Fund expense for municipalization, indicated it was policy decision for council but stressed the importance of keeping the process transparent and accountable. There being no other speakers the public hearing was closed. Council was directed to the green handout that proposed the order of motions for the budget. Council Member Ageton suggested that item 5A (6) be addressed prior to the adoption of the budget. Council concurred. 15A - 6 CONSIDERATION OF A MOTION TO APPROVE USE OF THE GENERAL FUND TO EXPLORE MUNICIPALIZATION AND ALTERNATIVES. Council Member Morzel moved, seconded by Council Member Jones to direct the city manager to use necessary General Fund resources to support the exploration of municipalization and alternatives. The motion carped 7:1. Council Member Karakehian op posed, Council Member- Cowles was absent at 8:30 p.m. A. CONSIDERATION OF THE FOLLOWING ITEMS RELATING TO THE 2013 BUDGET: 1) PUBLIC HEARING ON THE PROPOSED 2013 CITY OF BOULDER BUDGET; AND 2) SECOND READING AND CONSIDERATION OF A MOTION TO ADOPT ORDINANCE NO. 7871 THAT ADOPTS A BUDGET FOR THE CITY OF BOULDER, COLORADO, FOR THE FISCAL YEAR COMMENCING ON THE FIRST DAY OF JANUARY 2013 AND ENDING ON THE LAST DAY OF DECEMBER 2013 AND SETTING FORTH DETAILS IN RELATION THERETO;AND 3) SECOND READING AND CONSIDERATION OF A MOTION TO ADOPT ORDINANCE NO. 7872 THAT ESTABLISHES THE 2012 CITY OF BOULDER PROPERTY TAX MILL LEVIES WHICH ARE TO BE COLLECTED BY THE COUNTY OF BOULDER, STATE OF COLORADO, WITHIN THE CITY OF BOULDER IN 2013 FOR PAYMENT OF EXPENDITURES BY THE CITY OF BOULDER, STATE OF COLORADO, AND SETTING FORTH DETAILS IN RELATION THERETO; AND 4) SECOND READING AND CONSIDERATION OF A MOTION TO ADOPT ORDINANCE NO. 7873 THAT APPROPRIATES MONEY TO DEFRAY EXPENSES AND LIABILITIES OF THE CITY OF BOULDER, COLORADO, FOR THE 2013 FISCAL YEAR OF THE CITY OF BOULDER, COMMENCING ON THE FIRST DAY OF JANUARY 2013, AND ENDING ON THE LAST DAY OF DECEMBER 2013, AND SETTING FORTH DETAILS IN RELATION THERETO; 5) SECOND READING AND CONSIDERA'T'ION OF A MOTION TO ADOPT ORDINANCE NO. 7874 THAT AMENDS CHAPTERS 3-8,3-9 AND 4-20 B.R.C. 1981 CHANGING CERTAIN FEES AND SETTING FORTH DETAILS IN RELATION THERETO; AND Council Member Plass moved, seconded by Council Member Morzel to: 1. Adopt Ordinance No. 7871 that adopts a bud f;Ct for the City oi`Boulder. Colorado, fur the-fiscal ycar commencing on the first day of Ja11l1ary 2013 and endiilu oll the last day of December 2013 and setting forth details in relation thereto. 2. Adopt Ordinance No. 7872 that establishes the 2012 City of Boulder property tax mill levies which are to be coltected by the County of Boulder, State of Colorado, within the City of Boulder in 2013 for payment of'exncndittires by the city of Boulder. State of Colorado, and setting forth details in relation thereto. 3. Adopt Ordinance No. 7873 that appropriates money to deti-ay expenses and liabilities of the City of Boulder, Colorado. for the 2013 fiscal year of the City of Boulder, commencing on the first-day of January 2013. and ending on the last day of December 2013, and setting forth details in relation thereto. 4. Adopt Ordinance No. 7874 that amends Chapters 3-8. 3-9 and 4-20 B.R.C. 1981 changing, certain fees and setting fo h details in relation thereto. The motion carried 8:0. Council Member Cowles was absent at 8:31 u.nl. 6) CONSIDERATION OF A rvIOTION TO APPROVE USE, OF THE GENERAL FUND TO EXPLORE MUNICIPALIZATION AND ALTERNATIVES. This item was addressed prior to item 5A 1-5. Consideration of a motion to adjourn from the Boulder City Council and convene as the Central Area General Improtvement District Board of Directors approved by acclamation B. CONSIDERATION OF A MOTION TO ADOPT THREE RESOLUTIONS PERTAINING TO THE 2013 BUDGET OF THE CITY OF BOULDER DOWNTOWN COMMERCIAL DISTRICT FUND (FORMERLY KNOWN AS THE CENTRAL AREA GENERAL IMPROVEMENT DISTRICT FUND): 1) A RESOLUTION CONCERNING THE CITY OF BOULDER DOWNTOWN COMMERCIAL DISTRICT FUND (FORMERLY KNOWN AS THE CENTRAL AREA GENERAL IMPROVEMENT DISTRICT FUND), ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING JANUARY 1., 2013; 2) A RESOLUTION ESTABLISHING TnE 2012 CITY OF BOULDER CENTRAL AREA GENERAL IMPROVEMENT DIS'T'RICT PROPERTY TAX MILL LEVY FOR PAYMENT OF iI ~ EXPENDITURES, IN PART, OF THE DISTRICT DURING THE 2013 FISCAL YEAR, AND SETTING FOR'rH DETAILS IN RELATION THERE'r0; 3) A RESOLUTION APPROPRIATING MONEY TO DEFRAY THE EXPENSES AND LIABILITIES OF THE CITY OF BOULDER DOWNTOWN COMMERCIAL DISTRICT FUND (FORMERLY KNOWN AS THE CENTRAL AREA GENERAL IMPROVEMENT DISTRICT FUND) FOR THE 2013 FISCAL YEAR AND SETTING FORTH DETAILS IN RELATION THERETO. Council Member Morzel moved, seconded by Council Member Plass to: 1. Adopt CAGID Resolution No. 246 concerning the City of Boulder Downtown Commercial District Fund (formerly known as the Central Area General Improvement District Fund), adoptinga budget for the fiscal year beginning, January 1, 2013, 2. Adopt CAGID Resolution No. 247, establishing the 2012 City of Boulder Central Area General Improvement District Property Tax Mill Levy for payment ofexpenditures, in part, of the District ClUrin the 2013 fiscal year, and scttiii forth details in relation thereto; 3. Adopt CAGID Resolution No. 248, appropriating monev to defray tile expeilSes and liabilities of the Citv of Boulder Downtown Commercial District Fund (formerly known as the Central Area General Improvement District Fund) for the 2013 fiscal year and setting lbilll details in relation thereto; The motion carried 8:0. Council Member Cowles was absent at 8:34 p.m. Consideration of a motion to adjourn from the CAGID Board of Directors and to convene as the University I Iill General Improvement District (UHGID) Board of Directors was approved by acclamation. C. CONSIDERATION OF A MOTION TO ADOPT THREE RESOLUTIONS PERTAINING TO THE 2013 BUDGET OF THE CITY OF BOULDER UNIVERSITY HILL COMMERCIAL DISTRICT FUND (FORN'IERLY KNOWN AS THE UNIVERSITY HILL GENERAL IMPROVEMENT DISTRICT FUND): 1) A RESOLUTION CONCERNING TH E CITY OF BOULDER UNIVERSITY HILL COMMERCIAL DISTRICT' FUND (FORMERLY KNOWN AS THE UNIVERSITY HILL GENERAL IMPROVEMENT DISTRICT FUND), ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2013; 2) A RESOLUTION ESTABLISHING THE 2012 CITY OF BOULDER UNIVERSITY HILL GENERAL IMPROVEMENT DISTRICT PROPERTY TAX MILL LEVY FOR PAYMENT OF EXPENDITURES, IN PART, OF THE DISTRICT DURING 'THLe 2013 FISCAL YEAR, AND SETTING FORTH DETAILS IN RELATION THF,RE TO; 3) A RESOLUTION APPROPRIATING MONEY TO DEFRAY THE EXPENSES AND LIABILITIES OF THE CITY OF BOULDER UNIVERSITY HILL COMMERCIAL DISTRICT FUND (FORMERLY KNOWN AS THE UNIVERSITY IIlI,1, GENERAL IMPROVEMENT DISTRICT FUND) FOR THE 2013 FISCAL YEAR AND SETTING FORTH DETAILS IN RELATION THERETO Council Mcmbcr Morzel moved, seconded by Council Member Wilson to: i 1. Adopt Resolution No. 183, concerning the City of Boulder University Mill C01111llel•L'ial District Fund (formerly known as the University Hill General Improvement District Fund), adopting get for the fiscal year beginning Januy 1, 2013; 2. Adopt Resolution No. 184, establishing the 2012 City of Boulder University Hill General Improvement District PropertvTax Mill Levy for payment of expenditures. inpait.ofthe District during the 2013 fiscal year. and setting forth details in relation thereto: 3. Adopt Resolution No. 185. appropriating money to defray the expcnscs and liabilities of the City ol•Boulder University Hill Commercial District Funcl (formerly known as the University Hill General Improvement District Fund) for the 2013 fiscal year and setting forth details in relation thereto, The motion carried 8:0, Council Member Cowles was absent at 8:34 p.m. Consideration of a motion to adjourn from the UHGID Board of Directors and convene as the Boulder Municimal_Property Authority Board of Directors was annroved by acclamation, I D. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION FORMALLY ADOPTING THE 2013 BUDGET FOR THE BOULDER MUNICIPAL PROPERTY AUTHORITY. Council Member Karakehian moved, seconded by Council Member Jones to adopt a Resolution No. 133 formally adopting the 2013 budget for the Boulder Municipal Property Authority, The motion carried 8:0, Council Member Cowles was absent at 8:34 pm. Consideration of a motion to adiourn fi-oin the Boulder Municipal Property Authority Board of Directors and convene as the Forest Glen Transit Pass General Improvement District Board of Directors was approved by acclamation. E. CONSIDERATION OF MOTION TO ADOPT THREE RESOLUTIONS PERTAINING TO THE 2013 BUDGET OF THE CITY OF BOULDER FOREST GLEN TRANSIT PASS GENERAL IMPROVEMENT DISTRICT FUND: 1) A RESOLUTION CONCERNING THE CITY OF BOULDER FOREST GLEN TRANSIT PASS GENERAL IMPROVEMENT DISTRICT, ADOPTING A BUDGET FOR THE, FISCAL YEAR BEGINNING JANUARY 1, 2013; 2) A RESOLUTION ESTABLISHING THE 2012 CITY OF BOULDER FOREST GLEN TRANSIT PASS GENF.RAI. IMPROVEMENT DISTRICTPROPERTY TAX MILL LEVY FOR PAYMENT OF EXPENDITURES, IN PART, OF THE DISTRICT DURING THE 2013 FISCAL YEAR, AND SETTING FORTH DETAILS IN RELATION THERETO; 3) A RESOLUTION APPROPRIATING MONEY TO DEFRAY THE EXPENSES AND LIABILITIES of THE CITY OF BOULDER FOREST GLEN TRANSIT PASS GENERAL IMPROVEMENT DISTRICT FOR THE 2013 FISCAL, WAR AND SETTING FORTH DETAILS IN RELATION THERETO Mayor Appelbaum moved, seconded by Council Member Jones to: 1. Adopt Resolution No. 40, concerning the City of Boulder Forest Glen Transit Pass General Improvement District, adopting a budget for the fiscal year beginning January 1, 2013, Z_ Adopt Resolution No. 41, establishing the 2012 City of Boulder Forest Glen Transit Pass General Improvement District Property Tax Mill Levy for payment of expenditures, in part, of the District during the 2013 fiscal year, and scion:; tin-tli details in relation thereto; 3. Adopt Resolution No. 42 appropriating money to defray the expenses and liabilities of the C'ity of'Boul(1cr I-orest Glen Transit Pass General Improvement District for the 2013 fiscal year and setting forth details in relation thereto; The motion carried 8:0, Council Member Cowles was absent at 8:35 p.m. Consideration of a motion to adjourn from the City of Boulder Forest Glen Transit Pass General Improvement District Board of Directors and convene as the Boulder Junction Access Commission General Improvement District - Parking Board of Directors was approved by acclamation. F. CONSIDERATION OF A MOTION TO ADOPT THREE RESOLUTIONS PERTAINING TO THE 2013 BUDGET OF THE CITY OF BOULDER, BOULDER JUNCTION ACCESS COMMISSION GENERAL, IMPROVEMENT DISTRICT - PARKING FUND: 1) A RESOLUTION CONCERNING THE CITY OF BOULDER, BOULDER JUNCTION ACCESS COMMISSION GENERAL IMPROVEMENT DISTRICT - PARKING FUND, ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING JANUARY 15 2013; 2) A RESOLUTION ESTABLISHING THE 2012 CITY OF BOULDER, BOULDER JUNCTION ACCESS COMMISSION GENERAL IMPRO VEMEN'T DISTRICT -PARKING PROPERTY TAX MILL LEVY FOR PAYMENT OF EXPENDITURES, IN PART, OF THE DISTRICT DURING THE 2013 FISCAL, YEAR, AND SETTING FORTH DETAILS IN RELATION THERETO; 3) A RESOLUTION APPROPRIATING MONEY TO DEFRAY THE EXPENSES AND LIABILITIES OF THE CI'T'Y OF BOULDER, BOULDER JUNCTION ACCESS COMMISSION GENERAL IMPROVEMENT DISTRICT - PARKING FUND FOR THE 2013 FiSCAI, YEAR AND SETTING FORTH DETAILS IN RELATION THERETO. Council Member Morzel moved, seconded by Council Member Plass to: 1. Adopt Resolution No. G, concerning the City of Boulder, Boulder Junction Access Commission General Improvement District - Parking, Fund, adoptin a budget for the fiscal year beginning January 1. 2013. 2. Aclopt Resolution No. 7, establishing the 2012 City of Boulder, Boulder Junction Acccss Commission General impr'oyenlent District - Parking Property Tax Mill Levy f(lr payment of expenditures, in part, of the District during the 201 3 fiscal year, and settim~ forth details in relation thereto. 3. Adopt Resolution No. 8, appropriating money to defray the expenses and liabiiities of the City of Boulder, Boulder Junction Access Commission General Improvement District - Parking Fund for the 2013 fiscal year and settinh forth details in relation thereto. The motion carried 8:0, Council Member Cowles was absent at 8:35 p.m. Consideration of a motion to adjourn from the Boulder Junction Access Commission General Improvement District - Parking Board of Directors and convene as the Board of Directors of the Boulder Junction Access Commission General Improvement District Travel Demand Management was approved by_.acclamation. i 1 G. CONSIDERATION OF A MOTION TO ADOPT THREE RESOLUTIONS PERTAINING TO THE 2013 BUDGET OF THE CITY OF BOULDER, BOULDER JUNCTION ACCESS COMMISSION GENERAL IMPROVEMENT DISTRICT - TRAVEL DEMAND MANAGEMENT FUND: 1) A RESOLU'T'ION CONCERNING THE CITY OF BOULDER, BOULDER JUNCTION ACCESS COMMISSION GENERAL IMPROVEMENT DISTRICT - TRAVEL DEMAND MANAGEMENT FUND, ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2013; 2) A RESOLUTION ESTABLISHING THE 2012 CITY OF BOULDER, BOULDER JUNCTION ACCESS COMMISSION GENERAL IMPROVEMENT DISTRICT - TRAVEL DEMAND MANAGEMENT PROPERTY TAX MILL LEVY FOR PAYMENT OF EXPENDITURES, IN PART, OF THE DISTRICT DURING THE 2013 FISCAL YEAR, AND SETTING FORTH DETAILS IN RELATION THERETO; 3) A RESOLUTION APPROPRIATING MONEY TO DEFRAY THE EXPENSES AND LIABILITIES OF THE CITY OF BOULDER, BOULDER JUNCTION ACCESS COMMISSION GENERAL IMPROVEMENT DISTRICT - TRAVEL DEMAND MANAGEMENT FUND FOR THE 2013 FISCAL YEAR AND SETTING FORTH DETAILS IN RELATION THERETO; and Council Member Jones moved, seconded by Council Member Karakehian to: 1. Adopt Resolution No. 5, concerning the City of Boulder, Boulder Junction Access Commission General Improvement District - Travel Demand Management Fund, adopting a budget for the fiscal year beginninerJ ry 1, 2013. 2. Adopt Resolution No. 6, establishing the 2012 City of Boulder, Boulder Junction Access Commission General Improvement District - Travel Demand Management Property Tax Mill Levy for payment of expenditures. in vart. of tlhc District during the 2013 fiscal year, and setting forth details in relation thereto. 3. Adopt Resolution No. 7, appropriating money to defi-ay the expenses and liabilities of the City of Boulder, Boulder Junction Access Commission General Improvement District - Travel Demand Management Fund for the 2013 fiscal ve_ar and settin forth details in relation thereto. The motioncarried 8:0. Council Member Cowles was absent at 8:37 p.m. Consideration of a motion to adjourn from the Boulder Junction Access Commission General Iniprovement District Travel Demand Management Board of Directors and reconvene as the City Council was approved by acclamation. Ii. SECOND READING AND CONSIDERATION OF A MOTION TO ADOPT ORDINANCE NO. 7870 AMENDING TITLE, 6, "HEALTH, SAFETY AND SANITATION", B.R.C. 1981, REGARDING THE ESTABLISUNIENT OF A FEE ON ALL DISPOSABLE PLASTIC AND PAPER CHECKOUT BAGS DISTRIBUTED AT FOOD STORES. Executive Director of Community Planning and Sustainability, David Driskell presented this item noting that the initiative came from the community. According to a recent study, Boulder used between 20 and 33 million plastic bags in 2011. This was a significant contaminant at the recycling facility. On May 15, 2012 the direction to develop a fee on disposable plastic and paper checkout bags at food stores was given by council. TischlerBise was hired to conduct a Fee Nexus Study to determine the many costs with a demonstrated nexus, calculate the level of the fee based on applicable costs and calculate the retailer portion. City costs included implementation, administrative and enforcement costs, development and implementation, an educational outreach campaign, develop and produce store signage and the purchase and distribution of reusable bags to the community. Bag Use Projections; 2012 estimated bag use at applicable stores are 14.3 million. The estimated reduction trend of the use of single use bags are 50% after year one, 75% after year two, 85% after year three, 85% total reduction after year four. Ireland has seen a plateau effect after year four. The final result of the fee study resulted in a 20 cent bag fee. Current fee in California is a 10 cent bag fee. Washington DC has a 5 cent bag fee in place. The feedback received in a recent web-based survey indicated 453 responses in favor of an ordinance with 203 responses opposing the ordinance. Over 100 web and e-mail comments were received between March and October. At two public meetings a large majority of attendees were in favor of the ordinance. There was a split between a ban/fee and a fee/fee. At the conclusion of Council Questions the public hearing was opened: 1) Tatjana Kunz - Asked council to reconsider implementing bag fee sooner than in 4 years. 2) Neshama Abraham - Spoke in support of ordinance that provides environmental metrics. 3) Eric Lombardi - Was very proud of the community for doing something bold about the environmental impacts and would like to see more of this in the future. 4) Daniel Ho, Junior Fairview Net Zero Club - Spoke in support of the bag ordinance and thanked council for their quick action on the issue. 5) Jaumie Zhu, Fairview Net Zero Club - Spoke in support of the bag ordinance and advocated a review every 2 years and asked council to authorize staff to review again in Oct. 2014. 6) Angela Fei, Fairview Net Zero Club - Spoke to Making Waves Ocean Symposium held at CU, and the increasing ocean pollution that has resulted from use of plastic bags. 7) Jenny Kim, Fairview Net Zero Club - Spoke in support of bag ordinance and thanked city council. 8) Vivian Chen, Fairview Net Zero - Spoke in support of bag ordinance and was concerned that not enough stores would be effected. Would like to see this shift effect more stores. 9) Qi Liao, Fairview Net Zero - Spoke in support of bag ordinance. 10) Ruthic Wu, Fairview Net Zero - Spoke in suppoil of bag ordinance and asked council to do more. 11) Leigh Cushing, Eco Cycle - Asked council to vote in favor of bag fee ordinance and to put Boulder on the map as being leaders in environmental issues, shifting culture irom single use to re-use. 12) Margie Belcastro - Spoke against bag ordinance as government should not legislate her choices. There being no other speakers the public hearing was closed. Council Member Plass moved, seconded by Council Member Morzel to adopt Ordinance No. 7870 amending Title 6 "Health, Safety and Sanitation", B. R.C. 1981, regarding the establishment of a fee on all disposable plastic and paper checkout bags distributed at food stores. Council Member Wilson moved. seconded by Council Member Becker to amend the bag fee from 20 cent _bag fee to 10 cent baggy fee for proposed Ordinance No. 7870 amending Title 6, "Health. Safety and Sanitation", B.R.C. 1981, regarding the establishment of a lee on all disposable plastic and paper' checkout bass distributed at l od stores. The motion carried 5:3, Council Members Jones, Morzel and Plass opposed, Council Member Cowles was absent at 10:21 p.m. Vote %vas taken on the motion as amended to adopt Ordinance No. 7870 amending Title 6. "Health, Safety and Sanitation". B.R.C. 1981, regarding the establishment of a fee on all disposable plastic and gaper checkout bars distributed at food stores, as amended with a 10 cent bag fee. The motion carried 7:1, Council Member Karakehirui opposed, Council Member Cowles was absent at 10:27 p.m. Mayor Appelbaum moved. seconded by Council Member Ageton to suspend the rules and continue the meeting. The Vote passed 7:1, Council Member I{arakeltian opposed. Council Member Cowles was absent at 10:28 p.m. 6. MATTERS FROM THE CITY MANAGER 10:28 p.m. A. US PRO CYCLING CHALLENGF. UPDATE City Manager Brautigam stated that the CU school study indicated the race made an impact on the City. The Sales and Use tax and economic return on investment from the race had not yet been determined however. The owner of the Pro Cycle Challenge is not ready to release proposals for cities for the 2013 race. More information maybe available by November 2012. Ms. Brautigam indicated there was a meeting scheduled with Mountain Parks and Open Space to get feedback from them as to impacts, if any, on Boulder from the race. More information on that will be available on November 1", 2012. Council Member Wilson stated the worst impact on Boulder from the race was chalk messages on the county roads. 7. MATTERS FROM THE CITY ATTORNEY 10:36 p.m. None. 8. MATTERS FROM MAYOR AND MEMBERS OF COUNCIL 10:36 p.m. A. POTENTIAI. CALL-UPS 1) PEARL PARKWAY MULTI-USE PATH IMPROVEMENTS PROJECT CEAP 2) REQUt~s'r TO VACATE AN EXISTING 25-FOOT DRAINAGE EASEMENT AT 1600 COMMERCE ST. TO ALLOW FOR BALL AEROSPACE CAMPUS EXPANSION i B. COUNCIL EMPLOYEE EVALUATIONS Council Member Wilson's presentation on behalf of the CAC, was rescheduled for November 15, 2012. C. APPOINTMEN'T' OF RETREAT COMMITTEE AND DISCUSSION REGARDING POTENTIAL RETREAT DATES City Clerk, Alisa Lewis presented this item noting that the annual council retreat was typically held in late January but, due to New Years Day holiday falling on Tuesday, the meetings in January were all shifting by one week. Therefore, staff was recommending that the retreat be pushed back to Feb.l and 2, 2013. Another choice was the last weekend in January, 2013. Council indicated it would look at schedules and provide feedback to City Clerk, Lewis. Council Member Becker, Morzel and Jones expressed interest in serving on the committee. Council voiced its approval and appreciation. D. POTENTIAL PRACTICAL PROBLEMS POSED BY AMENDMENT 64 Mayor Appelbaum stated the Metro Mayors Caucus may take a position on Amendment 64, the statewide legalization of marijuana that would allow any person 21 years of age or older to possess one once or less of marijuana and individuals could grow up to six plants with three of them being mature plants. This would not change medical marijuana laws or affect medical marijuana facilities. If this amendment passes the same medical marijuana licensing regime would stay in place. If the city wanted to allow this, the city would be required to adopt its' own regulatory scheme for legal marijuana. There was no funding identified for regulatory bodies. There is an excise tax the state would be required to impose. This amendment does not comply with TABOR requirements. It is on the ballot. CML has taken an opposing position on the amendment because of the practical problem associated with the legalization of marijuana being in the state constitution. How this legalization could affect cities was something that would need to be addressed. Local governments could opt out by a vote of the people. There is no limit as to how much marijuana a dispensary could stock or, how much a grow facility can grow. If amendment 64 passes, there is a possibility that the feds could seek an injunction similar to Arizona law. Boulder could ban licensed facilities. It could ban use in public and it could ban the use by anyone under 21 years of age. There were 220 arrests made in Boulder in 2011 and I 216 arrests made in 2012 for public use of marijuana, these number are not likely to change with the passing of this amendment. Mayor Appelbaum asked council if they wanted the Mayor to weigh in on the subject with the Metro Mayors. Council Member Plass stated he would have a hard time supporting it and offered that the Mayor weigh in reflecting such. The rest of the council agreed. 9. PUBLIC COMMENT ON MATTERS 10:57 p.m. None 10. FINAL DECISIONS ON MATTERS 10:57 p.m. None 11. ADJOURNMENT 10:57 p.m. There being no further business to come before Council at this time, BY MOTION REGULARLY ADOPTED, THE MEETING WAS ADJOURNED ON October 16, 2012 AT 10:57 p.m. APPROVED BY: ATTEST: .~16 Matthew Al pclbilL1111, Mayor Lisa D. Lewis, City Clerk I