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Action Summary - 09.04.18CITY OF BOULDER CITY COUNCIL MEETING ACTION SUMMARY This document is not the legal minutes – legal minutes will be uploaded upon council approval Tuesday, September 4, 2018 1. CALL TO ORDER AND ROLL CALL Aaron Brockett Present Mirabai Nagle Present Cynthia Carlisle Present Sam Weaver Absent Jill Adler Grano Present Bob Yates Present Suzanne Jones Present Mary Young Present Lisa Morzel Present Motion to amend the agenda to remove item 3B and add item 8F passed 6:0 at 6:06 p.m. (Council Members Nagle and Carlisle absent for vote) A. Declaration for Pollinator Appreciation Month [presented by Mayor Jones] B. Presentation by Sheriff Pelle regarding County Resolution 2018-76 Motion to suspend the rules to allow additional speakers for Open Comment passed 6:0 (Council Members Nagle and Young absent for vote) 2. CONSENT AGENDA A. Consideration of a motion to accept the August 28, 2018 Advance Study Session Summary on the Fire Master Plan Accepted 7:0 (Nagle absent) B. Consideration of a motion to accept the August 28, 2018 Advance Study Session Summary on the Community Benefits Land Use Code Change Project Removed from Agenda C. Consideration of a motion to adopt Resolution 1240 authorizing the City of Boulder to assign a portion of the City of Boulder’s 2018 Private Activity Bond allocation to the Housing Authority of Boulder, D/B/A Boulder Housing Partners, for the purpose of financing the Canopy at Red Oak Park development Adopted 7:0 (Nagle absent) D. Consideration of a motion to adopt Resolution 1239 authorizing the City of Boulder to assign a portion of the City of Boulder’s 2018 Private Activity Bond allocation to the Colorado Housing Finance Authority (CHFA) on behalf of Golden West Communities, for the purpose of financing the comprehensive rehabilitation of affordable housing located in Boulder Adopted 7:0 (Nagle absent) E. Third reading and consideration of a motion to adopt Ordinance 8264 submitting to the registered electors of the City of Boulder at the municipal coordinated election to be held on Tuesday, November 6, 2018, the question of authorizing the city council to impose an oil and gas pollution tax at the rate of up to $6.90 per barrel of oil and up to $0.88 per thousand cubic feet of natural gas for oil or gas extracted within the Boulder city limits and expenditure of the full tax proceeds and any related earnings notwithstanding any state revenue or expenditure limitation; setting forth the ballot title; specifying the form of the ballot and other election procedures; and setting forth related details Amended and adopted 6:0 (Yates recused; Nagle absent) F. Third reading and consideration of a motion to adopt Ordinance 8267 submitting to the registered electors of the City of Boulder at the municipal coordinated election to be held on Tuesday, November 6, 2018, the question of authorizing the City of Boulder, without raising taxes, to keep all revenues from the 2016 voter-approved Sugar-Sweetened Beverage Product Distribution Excise Tax and continue to collect the tax at the previously approved rate and spend all revenues collected for the health equity-related purposes previously approved by the voters, without refunding to distributors the amount that exceeded the revenue estimates approved by voters in 2016; setting forth the ballot title; specifying the form of the ballot and other election procedures; and setting forth related details Adopted 5:2 (Morzel, Yates Nay; Nagle absent) G. Third Reading Ordinances 8272, 8273 and 8274 related to the work of the Campaign Finance and Elections Working Group: 1. Third reading and consideration of a motion to adopt Ordinance 8272 submitting to the registered electors of the City of Boulder at the municipal coordinated election to be held on Tuesday, November 6, 2018, the question of amending City Charter Sections 29, 38A, 38B, 39, 40, 44, 48, 54, 56, and 177 of the Boulder City Charter regarding the city’s initiative, referendum and recall processes; setting forth the ballot title; specifying the form of the ballot and other election procedures; and setting forth related details. 2. Third reading and consideration of a motion to adopt Ordinance 8273 submitting to the registered electors of the City of Boulder at the municipal coordinated election to be held on Tuesday, November 6, 2018, the question of amending Sections 39, 46, and 57 of the City Charter to require the city clerk, to the extent reasonably possible and so as to ensure authenticity, compare the signatures on a petition to signatures with the election records of the Boulder County Clerk or the Secretary of State; setting forth the ballot title; specifying the form of the ballot and other election procedures; and setting forth related details. 3. Third reading and consideration of a motion to adopt Ordinance 8274 submitting to the registered electors of the City of Boulder at the municipal coordinated election to be held on Tuesday, November 6, 2018, the question of amending Sections 38, 45, and 56 of the City Charter to permit use of electronic petitions and to permit on-line electronic signing or endorsement of initiative, referendum, and recall petitions; setting forth the ballot title; specifying the form of the ballot and other election procedures; and setting forth related details Amended and adopted 7:0 (Nagle absent) Adopted 7:0 (Nagle absent) Amended and adopted 7:0 (Nagle absent) H. Third reading and consideration of a motion to adopt Ordinance 8269 submitting to the registered electors of the City of Boulder at the municipal coordinated election to be held on Tuesday, November 6, 2018, the questions of adding a new Section 84B to the Boulder City Charter to establish the Housing Advisory Board consisting of seven members; if the measure passes amending Section 2-3-24, "Housing Advisory Board," B.R.C. 1981, to allow for seven members; setting forth the ballot title; specifying the form of the ballot and other election procedures; and setting forth related details [Alternate version also included for council consideration] No action I. Third reading and consideration of a motion to adopt Ordinance 8270 submitting to the registered electors of the City of Boulder at the municipal coordinated election to be held on Tuesday, November 6, 2018, the question of amending Section 78 of the Boulder City Charter to change the time for the planning department to submit its recommendations for public improvements from sixty days to thirty days before the public hearing to be consistent with the city’s budgeting process; setting forth the ballot title; specifying the form of the ballot and other election procedures; and setting forth related details Adopted 7:0 (Nagle absent) J. Third reading and consideration of a motion to adopt Ordinance 8271 (Attachment A) submitting to the registered electors of the City of Boulder at the municipal coordinated election to be held on Tuesday, November 6, 2018, the question of amending Section 130 of the Boulder City Charter to allow council to set the number of any new advisory commission as five or seven when forming the commission, change the reference of “sex” to “gender identity,” and changing the requirement for a majority; setting forth the ballot title; specifying the form of the ballot and other election procedures; and setting forth related details; or in the alternative, Third reading and consideration of a motion to adopt by emergency Ordinance 8271 (Attachment B) submitting to the registered electors of the City of Attachment B adopted by emergency 7:0 (Nagle absent) Boulder at the municipal coordinated election to be held on Tuesday, November 6, 2018, the question of amending Section 130 of the Boulder City Charter to allow council to set the number of any new advisory commission as five or seven when forming the commission, to permit a board established in 2018 to consist of seven members, change the reference of “sex” to “gender identity,” and changing the requirement for a majority; setting forth the ballot title; specifying the form of the ballot and other election procedures; and setting forth related details K. Consideration of the following items related to two properties in Crestview East (case number LUR2018-00044): 1. Introduction, first reading and consideration of a motion to order published by title only, Ordinance 8288 vacating and authorizing the city manager to execute a deed of vacation for a 10-foot wide portion of Vine Avenue right-of-way located adjacent to the property at 2100 Violet Avenue 2. Introduction, first reading and consideration of a motion to order published by title only, Ordinance 8289 vacating and authorizing the city manager to execute a deed of vacation for a portion of Vine Avenue right-of- way located adjacent to the property at 1917 Upland Avenue Adopted 7:0 (Nagle absent) Adopted 7:0 (Nagle absent) L. Second reading and consideration of a motion to adopt Ordinance 8281 approving and authorizing the issuance of a Boulder Municipal Property Authority Lease Purchase Revenue Note, Series 2018A, in the principal amount of $6,975,000 for the purchase of the Lippincott Ranch property, and approving and authorizing the assignment of the purchase contract to BMPA, the execution and delivery of a Lease Purchase Agreement and the optional execution of a Sublease of a 50 percent undivided interest in the property to Jefferson County; and setting forth related details and consideration of a motion to adjourn from the Boulder City Council and convene as the Boulder Municipal Property Authority Board of Directors. Adopted 7:0 (Nagle absent) M. Consideration of a motion to adopt Resolution 150 to approve and authorize the issuance of a Boulder Municipal Property Authority Lease Purchase Revenue Carry-Back Note, Series 2018A, in the principal amount of $6,975,000 for the purchase of the Lippincott Ranch property and a Deed of Trust for the benefit of the registered owner of the note, and to approve and accept the assignment of the purchase contract to Boulder Municipal Property Authority, the execution and delivery of a Lease Purchase Agreement and the optional execution of a Sublease of a 50 percent undivided interest in the property to Jefferson County; and setting forth related details and consideration of a motion to adjourn from the Boulder Municipal Property Authority Board of Directors and reconvene as the Boulder City Council. Adopted 7:0 (Nagle absent) 4. CALL-UP CHECK-IN A. City Manager's Final Plan regarding petition for creation of new Neighborhood Parking Permit Zone for Park East Square; 1100-4300 Monroe Drive No action B. Site Review Amendment; 5100 Reservoir Road No action 5. PUBLIC HEARINGS A. Consideration of a motion to accept the Library Master Plan and Amend the Boulder Valley Comprehensive Plan to Update the Library Master Plan Summary Passed 7:0 (Nagle absent) B. Consideration of the following items related to the Outdoor Lighting Regulations and the Building Performance Ordinance (BPO): 1. Second reading and consideration of a motion to adopt Ordinance 8258 amending Title 9, “Land Use Code,” to modify the outdoor lighting No action regulations to extend the amortization period and include the addition of new necessary provisions related to modern lighting and exceptions; 2. Second reading and consideration of a motion to adopt an alternative Ordinance 8280 amending Title 9, “Land Use Code,” to remove the amortization provisions and requiring full compliance with the outdoor lighting regulations by Nov. 16, 2018 and include the addition of new necessary provisions related to modern lighting and exceptions; 3. Second reading and consideration of a motion to adopt Ordinance 8279 amending Chapter 10-7.7, “Commercial and Industrial Energy Efficiency,” to clarify and amend regulation of lighting requirements and exemptions; 4. Second reading and consideration of a motion to adopt Ordinance 8283 amending Chapter 10-3, “Rental Licenses,” B.R.C. 1981 and Section 10-1-1, “Definitions,” and 10-12-19, “Mobile Home Park Streets and Walkways,” B.R.C. 1981, to ensure compliance of properties with rental licenses with outdoor lighting standards and setting forth related details; and 5. A draft Lighting Enforcement Plan to be implemented at time of amortization expiration Adopted 7:0 (Nagle absent) Adopted 7:0 (Nagle absent) Adopted 7:0 (Nagle absent) 6. MATTERS FROM THE CITY MANAGER A. Check-in with council for direction on whether to finalize a Joint Development Agreement related to the construction of a public parking garage project in partnership with The Hill Hotel Partners, LLC on behalf of the City of Boulder and the University Hill General Improvement District on property located between Pleasant Street and University Avenue, west of Broadway No action; continue discussion to 9/20 meeting 7. MATTERS FROM THE CITY ATTORNEY 8. MATTERS FROM THE MAYOR AND MEMBERS OF COUNCIL A. Call-Up: City Manager's Final Plan regarding petition for creation of new Neighborhood Parking Permit Zone for Park East Square; 1100-4300 Monroe Drive No action B. Call-Up: Site Review Amendment to construct a new 7,830 square-foot Boulder Reservoir Visitor Services Center to replace the existing 7,424 square-foot building, including locker rooms, concessions, and staff offices in the P (Public) zoning district at 5100 Reservoir Road. Due to prior grade modifications, the proposal includes a height modification request (LUR2018-00013). Amends Height Review #H-83-15 No action C. Consideration of a motion to approve the order of the City of Boulder ballot measures in the 2018 Municipal Coordinated Election Ballot order is (by ordinance number): 8264, 8267, 8272, 8273, 8274, 8271, 8270 Approved 7:0 (Young absent for vote) D. Appointments to the Racial Equity Subcommittee Council Members Morzel and Young appointed Approved 8:0 E. Appointments for Council Liaisons for each of the new sister cities; Ramat HaNegev, Israel and Kathmandu, Nepal Council Member Yates appointed for Ramat HaNegev Council Member Grano appointed for Kathmandu Approved 8:0 F. Appointments to the Community Benefit Process Subcommittee Council Members Grano and Weaver appointed Approved 8:0 9. DISCUSSION ITEMS 10. DEBRIEF 11. ADJOURNMENT – 12:30 a.m.