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City Council Minutes 10.29.19 CITY OF BOULDER CITY COUNCIL SPECIAL MEETING Municipal Building, 1777 Broadway Boulder, Colorado 80302 Tuesday, October 29, 2019 MINUTES 1. Call to Order and Roll Call Mayor Jones called the meeting to order a 6:08 p.m. Council Members Brockett,Carlisle,Nagle,Morzel,Weaver,Yates and Young were present. A. A declaration in honor of Cindy Carlisle's service on the Boulder City Council and contributions to the community was presented by Council Member Morzel at 6:09 p.m. B. A declaration in honor of Suzanne Jones' service on the Boulder City Council and contributions to the community was presented by Council Member Brockett at 6:18 p.m. C. A declaration in Honor of Lisa Morzel's service on the Boulder City Council and contributions to the community was presented by Mayor Pro Tem Weaver at 6:28 p.m. 2. Consent Agenda A. Consideration of a motion to accept the October 10, 2019 Study Session Summary on the Local Power/Municipalization Update B. Consideration of a motion to authorize the city manager to approve and execute a twenty-year right-of-way lease for three cornices located at 1102 Pearl Street C. Consideration of a motion to approve a twenty-year right-of-way lease for multiple building encroachments (metal awnings and canopies, fire escape, balconies, handrails, cornice and historic corner clock) located at 1200 Pearl Street D. Consideration of a motion to appoint special counsel to investigate a verified ethics complaint Amended by council for approval on the following condition: Appoint an attorney from the City of Fort Collins that has not worked for the County of Boulder,the City of Boulder, nor with City Attorney Tom Carr. If the City of Fort Collins is not able to serve as counsel,then another attorney in the surrounding communities meeting that criteria can be appointed. October 29,2019 Boulder City Council Special Meeting Minutes Page 1 E. Items related to certain annexed properties: 1. Consideration of a motion to adopt Resolution 1273 to provide emergency services to certain annexed properties previously served by Boulder Rural Fire Protection District 2. Consideration of a motion to adopt Resolution 1274 to provide emergency services to certain annexed properties previously served by Rocky Mountain Fire Protection District F. Items related to the 2020 Budget: 1. Third reading and consideration of a motion to adopt Ordinance 8352 that adopts a budget for the City of Boulder, Colorado, for the fiscal year commencing on the first day of January 2020 and ending on the last day of December 2020, and setting forth details in relation thereto 2. Third reading and consideration of a motion to adopt Ordinance 8353 that establishes the 2019 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 2020 for payment of expenditures by the City of Boulder, County of Boulder, State of Colorado, and setting forth details in relation thereto 3. Third reading and consideration of a motion to adopt Ordinance 8354 that appropriates money to defray expenses and liabilities of the City of Boulder, Colorado, for the 2020 fiscal year of the City of Boulder, commencing on the first day of January 2020, and ending on the last day of December 2020, and setting forth details in relation thereto 4. Third reading and consideration of a motion to adopt Ordinance 8355,that amends Chapter 4-20, and Sections 3-8-3, of the B.R.C. 1981, changing certain fees, and setting forth details in relation thereto G. Consideration of a motion to adjourn as the Boulder City Council and convene as the Central Area General Improvement District(CAGID) Board of Directors and consideration of a motion to adopt Resolutions 293, 294 and 295 pertaining to the 2020 budget of the City of Boulder Downtown Commercial District Fund (formerly known as the Central Area General Improvement District Fund) H. Consideration of a motion to adopt Resolutions 212, 213, and 214 pertaining to the 2020 Budget of the City of Boulder University Hill Commercial District Fund; and Consideration of a motion to adjourn from the (UHGID) Board of Directors and convene as the Boulder Municipal Property Authority(BMPA)Board of Directors October 29,2019 Boulder City Council Special Meeting Minutes Page 2 Consideration of a motion to adopt Resolution 154 pertaining to the 2020 Budget for the Boulder Municipal Property Authority; and Consideration of a motion to adjourn from the Boulder Municipal Property Authority (BPMA) Board of Directors and convene as the Forest Glen Transit Pass General Improvement District Board of Directors J. Consideration of a motion to adopt Resolutions 63, 64, and 65 pertaining to the 2020 Budget of the City of Boulder Forest Glen Transit Pass General Improvement District Fund; and 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 Board of Directors of the Boulder Junction Access Commission General Improvement District- Travel Demand Management K. Consideration of a motion to adopt Resolutions 33, 34, and 35 pertaining to the 2020 Budget of the City of Boulder, Boulder Junction Access Commission General Improvement District-Travel Demand Management Fund; and Consideration of a motion to adjourn from the Boulder Junction Access Commission General Improvement District- Travel Demand Management Board of Directors and convene as the Boulder Junction Access Commission General Improvement District- Parking Board of Directors L. Consideration of a motion to adopt Resolutions 34, 35, and 36 pertaining to the 2020 Budget of the City of Boulder, Boulder Junction Access Commission General Improvement District- Parking Fund; and Consideration of a motion to adjourn from the Boulder Junction Access Commission General Improvement District-Parking Board of Directors and reconvene as the Boulder City Council M. Third reading and consideration of a motion to adopt Ordinance 8359 amending Title 9, "Land Use Code"regarding establishing a new community benefits program related to building height regulations for certain areas of the city and amending Ordinance 8028 by deleting the expiration date of the standards established in Ordinance 8028 (and extended by Ordinance 8172 and 8252) N. Items related to the Use Tables& Standards Project and the Opportunity Zone: 1. Third reading and consideration of a motion to adopt Ordinance 8337 amending Title 9, "Land Use Code,"B.R.C. 1981,to update Use Standards for zoning districts located in the federally designated Opportunity Zone (Census Tract 122.03)to ensure development consistent with the BVCP October 29,2019 Boulder City Council Special Meeting Minutes Page 3 2. Second reading and consideration of a motion to adopt Ordinance 8358 amending Title 9, "Land Use Code,"B.R.C. 1981,to create an Opportunity Zone overlay prohibiting demolition of attached dwelling units in federal Census Tract 122.03 for the period the tract is a qualified Opportunity Zone and repealing Ordinance 8308, as amended by Ordinances 8312 and 8314, and setting forth related details Assistant City Manager and Interim Planning Director Chris Meschuk answered questions. O. Introduction and consideration of motion to order published by title only and adopt by emergency measure Ordinance 8362 suspending the requirements of Sections 8- 6-3, 8-6-6 and 9-9-10, B.R.C. 1981,to permit the construction of improvements in public access and other public easements for the Boulder Transit Village Replat B, generally located at the northeast corner of 30th and Pearl Streets; and setting forth related details City Attorney Tom Carr proposed an amendment on the"blue" sheet on the dais submitted by staff to make necessary changes to the ordinance to comply with federal tax law. Council Members Carlisle and Morzel asked that City Attorney Carr investigate whether the Boulder Chamber violated city campaign finance laws. COUNCIL MEMBER WEAVER MOVED TO APPROVE THE CONSENT AGENDA ITEMS 2A-20 WITH THE AMENDMENT TO ITEM 2D DESCRIBING THE CRITERIA FOR SPECIAL COUNSEL OUTSIDE OF THE CITY OF BOULDER AND THE AMENDMENT TO ITEM 20 AS PROVIDED ON THE DAIS WITH THE"BLUE"SHEET REGARDING COMPLIANCE WITH FEDERAL TAX LAWS. COUNCIL MEMBER MORZEL SECONDED THE MOTION.THE MOTION PASSED 8:0 AT 7:33 P.M.WITH COUNCIL MEMBER CARLISLE VOTING NAY ON ITEMS 2F-2L AND 2N. 3. Call-Up Check In A. 954 North Street; Use Review (See Item 6A) No action. 4. Public Hearings A. Second reading and consideration of a motion to adopt Ordinance 8361, amending Title 2, by adding a new Chapter 11, "Police Oversight,"B.R.C. 1981, pertaining to the composition, duties and powers of a new city organization related to civilian oversight of the police, and setting forth related details Todd Conklin Jr. and Senior Assistant City Attorney Luis Toro introduced this item with a presentation at 7:34 p.m. October 29,2019 Boulder City Council Special Meeting Minutes Page 4 The public hearing opened at 7:46 p.m. and the following spoke about the Police Oversight Task Force Ordinance: 1. Mark Bliley 2. Darren O'Connor 3. Sammie Lawrence IV 4. Lynn Segal The public hearing closed at 8:00 p.m. COUNCIL MEMBER CARLISLE MOVED TO ADOPT ORDINANCE 8361, AMENDING TITLE 2, BY ADDING A NEW CHAPTER 11, "POLICE OVERSIGHT," B.R.C. 1981, PERTAINING TO THE COMPOSITION, DUTIES AND POWERS OF A NEW CITY ORGANIZATION RELATED TO CIVILIAN OVERSIGHT OF THE POLICE, AND SETTING FORTH RELATED DETAILS. MAYOR JONES SECONDED THE MOTION. THE MOTION PASSED 8:0 AT 8:10 P.M. 5. Matters from the City Manager A. Council Priorities Update City Manager Jane Brautigam introduced this item at 8:11 p.m. and spoke about the accomplishments of council. Mayor Jones spoke about the items to pass to the next council and handed out a list of meetings that council members need to cover. 6. Matters from the Mayor and Members of Council A. Call-Up Consideration: Use Review to allow "personal service" and "professional office" uses within an existing, approximately 3,704 square-foot office building at 954 North Street within the RH-5(Residential—High 5)zoning district.This proposal is to allow personal services uses in addition to the existing professional offices currently in the building and is reviewed under case no. LUR2019-00025 No Action. B. Brief Update on BI, Inc. City Manager Jane Brautigam introduced this item at 8:56 p.m. October 29,2019 Boulder City Council Special Meeting Minutes Page 5 Council recommended adding this topic to the Legislative Breakfast discussion on December 3,2019. 7. Adjournment THERE BEING NO FURTHER BUSINESS TO COME BEFORE COUNCIL AT THIS TIME, BY MOTION REGULARLY ADOPTED,THE MEETING WAS ADJOURNED ON OCTOBER 29,2019 AT 9:14 P.M. Approved this 19th day of November 2019. APPROVED BY: Mayor ATTEST: Lynn eck, ity Clerk October 29,2019 Boulder City Council Special Meeting Minutes Page 6