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.