Statement of Vision. Statement of Values

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1 Statement of Vision Lafayette s panoramic view of the Rocky Mountains inspires our view into the future. We value our heritage, our unique neighborhoods, a vibrant economy and active lifestyles. We envision a future that mixes small-town livability with balanced growth and superior city services. Statement of Values We foresee a strong economy that is diverse and sustainable, attracts innovators, encourages a balance of big and small businesses, and meets the community s needs. We intend to shape the future through strengthening our voice on environmental stewardship and social issues, taking an active role in sustainability and strategic planning development, and facilitating leadership development and fresh thinking. We strive to be a connected community that encourages cooperative relationships and inclusivity, expects accessibility and communication, nurtures resiliency, appreciates multi-culturalism, and humanizes physical and social interactions within the City. We support placemaking endeavors that stimulate historic preservation and the arts, encourage open space stewardship and networking of neighborhoods, and promote comprehensive planning and livability. October 3, 2017 AGENDA 5:30 PM CITY COUNCIL MEETING I. OPENING OF REGULARLY SCHEDULED MEETING Call to Order Pledge of Allegiance Roll Call II. III. IV. WORKSHOP A. One Lafayette Grant Awards (45 min.) B Budget (1 hr.) RETURN TO REGULAR SESSION PRESENTATIONS C. Cultural Arts Commission / Public Art Committee Annual Report (20 min.) D. Energy Sustainability Advisory Committee / Presentation of SolSmart Award and DRAFT Resolution / Supporting Reduction of Greenhouse Gas Emissions V. PUBLIC INPUT (AFTER 6:30 PM)

2 VI. VII. VIII. IX. PUBLIC HEARING E. Ordinance No. 39, Series 2017 / Owner-Initiated Application for Historic Landmark Designation / 608 East Geneseo (Noticed in the Colorado Hometown News, September 20, 2017) REGULAR BUSINESS Ordinances F. First Reading / Ordinance No. 40, Series 2017 / Enacting Article IX of Chapter 55 of the Municipal Code Establishing the Default Beverages Offered with Children s Meals G. First Reading / Ordinance No. 41, Series 2017 / Rezoning Lot 1, St. James Subdivision Filing No. 2 (Public Hearing to be held on 2 nd Reading October 17, 2017) H. First Reading Ordinance No. 42, Series 2017 / Vacation of Drainage Easement / Lot 1, St. James Subdivision Filing No. 2 (No Public Hearing required not an Access Easement) Resolutions I. Resolution No / Service Expansion Fees J. Resolution No / Amending City of Lafayette Fees and Charges Exhibits A and B Proclamation K. Declaring October 12, 2017 as Indigenous Peoples Day CONSENT AGENDA L. Minutes of Regular Council Meeting of September 19, 2017 M. Second Reading / Ordinance No. 38, Series 2017 / (As Amended) 90-day Moratorium on the Acceptance and Processing of New Applications for Special Use Review Approval for Assisted Living Facilities, Hospitals, nursing or Convalescent Homes and all Uses in the RSR (Senior and Special Resident Zone District N. Resolution No / Intergovernmental Agreement with Boulder County / Surveillance System at Library Ballot Box (North Entrance) O. Authorization to Engage Swanhorst & Company as City Auditors P. LURA 2017 Budget Amendment Q. LURA 2018 Budget R. Purchase Orders and Amendments STAFF REPORTS S. City Attorney s Report 1. First Reading / Ordinance No. 43, Series 2017 / Moratorium Oil & Gas 2. Hiring Consultant / Oil & Gas Matters, Including Regulations T. City Administrator s Report 1. Land Donation / Open Space X. COUNCIL REPORTS U. Resolution No / Supporting Deferred Action for Childhood Arrivals (DACA) V. Boulder County Affordable Housing Summit / Discussion and Follow-up XI. ADJOURN

3 TO: Gary Klaphake, City Administrator FROM: Pam Spring, Human Resources Director DATE: September 26, 2017 SUBJECT: Distribution of One Lafayette Grant Money STAFF REPORT Recommendation: Council motion to approve the distribution of the 2017 One Lafayette proceeds as described below. SUMMARY: Over 31 different non-profit organizations applied for grants from the One Lafayette Community Fundraiser. Seven (7) ECR recipient organizations will be funded with Essential Community Resource (ECR) status for The existing ECR s all fulfilled their basic requirements including proving that they are certified as a 501c3, that they serve Lafayette residents, provide financial statements and a list of board of directors. This year s application deadline was Friday, July 28, In 2017, $42,000 dollars in funds were available for distribution to the chosen non-profit organizations. This year the Steering Committee distributed the entire amount of the funds to 7 ECR s and 17 Special Project Grants organizations that were selected. The Steering Committee with leadership from Mayor Pro-Tem Gustavo Reyna and Councilor Stephanie Walton reviewed all of the grant applications for completion of the necessary requirements. In addition, the committee established evaluation criteria such as review of the project they are proposing, the mission statement of the organization, whether the organization received other funding from the City, what they are going to do in Lafayette and whether and to what extent the project/activity served Lafayette residents. As a result of this review the decision was made to offer the 2017 grant funding as follows; Essential Community Resources (ECR s): Clinica Family Health Coal Creek Meals on Wheels Immigrant Legal Center Intercambio Public Achievement Rocky Mountain Legal Center Safehouse SPAN Saint Benedict Health/Healing Ministry $3,000 (3rd year of 3 year funding) $1,500 (re-applied 1 st year of 3 year funding) $3,000 (2 nd year of 3 year funding) $2,500 (2 nd year of 3 year funding) $2,000 (1 st year of 3 year funding) $2,000 (3 rd year of 3 year funding) $2,500 (Re-applied, 1 st year of 3 year funding) $16,500 (7 total)

4 Special Project Grants: Audio Information Network $1,000 BCAP (Aids Project) $1,000 Centaurus Band Boosters $1,800 Colorado Music Festival/ Center for Arts $2,000 Dental Aide ` $1,000 Empowerment Center of Boulder County (Project YES) $2,725 Foot Hills United Way $1,000 Foothills United Way (PIE Program) $2,000 Growing Gardens $750 I Have A Dream $2,725 Imagine $2,000 Impact on Education $2,000 Peanut Butter Players $1,000 The Arts Underground/ Arts Hub $1,000 Thorne Nature Center $1,000 WOW Children s Museum $1,500 YMCA of Boulder County $1,000 $25,500 (17 total) The sum total of both grants is $42,000. I would like to take this opportunity to thank Mayor Pro-Tem Reyna and Councilor Walton for their hard work and commitment to these important community programs. Attachments: None

5 STAFF REPORT To: Honorable Mayor Berg and City Council Gary Klaphake, City Administrator From: Steve McFarland, Finance Director Date: September 19, 2017 Subject: 2018 City of Lafayette Budget, Session II Overview: Presented in the following Exhibits, updated from the September 5, 2017 budget session, are various summaries of the proposed City of Lafayette 2018 Budget. In the September 5, 2017, Council Meeting (first budget session), the General Fund portion of the Budget was presented and reviewed. In this (September 19, 2017) session, Staff will present and review the remaining 17 Funds in the City Budget. Exhibit A In the first budget session, Exhibit A gave a summary view of the General Fund. Exhibit A has been expanded to include all Funds. The City Budget for 2018 is $77,184,994, not including the Urban Renewal Authority. The $77,184,994 represents a 31% increase from The bulk of this increase is due to a significant amount of Capital Projects, as can be seen in Exhibits C and D. Council-requested additional information: Exhibit A has an added column of % increases and decreases from 2017 Original Budget to the 2018 Original Budget. The General Fund>Open Space Maintenance department has expended $1,064,030 through June 30, 2017, with an annual line item budget of $714,472. This is due to a ~$440,000 GoCo Inspire Grant expenditure, which is offset by grant revenues. This will be accounted for in the 2017 Budget revision process in November S. Public Road Lafayette, Colorado cityoflafayette.com

6 A brief explanation of the migration of the Fire & Ambulance (F&A) Fund into the General Fund is as follows Expenses were greater in F&A mostly because of the $1.1m transfer to the General Fund. Since the Funds are merging in 2018, the transfer disappears only ~ $3.03m of expenses appear in the Exhibit A>General Fund>Fire & Ambulance lines. However, this does not take into the account the personnel cost increases listed in the Exhibit A>General Fund>Non- Departmental line that will be allocated upon Budget approval. The net increase in F&A-related costs from 2017 ($3.67m) to 2018 ($3.98m) is roughly 9%, mostly in personnel. F&A FUND BUDGET Expenses Personnel 0 932,927 Other 0 96,703 Capital 0 215,000 Transfer to General Fund 0 1,055,508 Subtotal 0 2,300,138 Remove transfer 0 (1,055,508) F&A Fund Net Expenses $0 $1,244,630 General Fund Expenses 2018 Undstrbtd Prsnel 963,146 0 Fire 704, ,203 Ambulance 2,330,831 1,743,545 $3,998,582 $3,671,378 Exhibit B Amounts in Exhibit B have not changed from the first budget session. Council-requested additional information/changes: Why is there an increase in the Public Art Committee (PAC) from 25,750 to 45,000? Expenditures made available to PAC are affected annually by the amount of actual building fees and public projects from the previous year, and by available grant money. For 2018, the 2017 Budget was rolled forward with an estimated $6,000 ARTS!Lafayette grant and an estimated $13,250 in reserved revenues from This results in an increase from $25,750 to $45,000. Latino Advisory has been changed to Human Rights Commission. Live Wire Communications (LWC) leases space on the top of the library on which they (LWC) have placed their internet tower. LWC pays $3,000/year to the City in lease fees S. Public Road Lafayette, Colorado cityoflafayette.com

7 Exhibit C In the first Budget Session, Exhibit C showed only the General Fund portion ($3,825,786) of the proposed capital expenditures. Exhibit C has been updated to show the requested Capital Budgets for all Funds. These sheets show requests categorized into critical, necessary and beneficial. There is $21,995,380 in slated 2018 Capital Projects, a significant increase from the $8,604,844 in the 2017 Budget. The $21,995,380 ties out to the Capital Expenditure column in Exhibit A. Roughly two-thirds of the 60% increase are infrastructure-related projects in the Water Funds. Exhibit D Exhibit D reports how the Capital Projects Fund projected fund balance is allocated. The exhibit has been modified from prior years to more readily demonstrate project timelines and balances. Exhibit D does not represent the total capital needs of the City; rather it shows identified near-term capital projects. Longerterm projects, such as the comprehensive street maintenance program, are not included in these totals. As capital needs surface and re-prioritization occurs on an ongoing basis, Exhibit D is more of a snapshot in time than are the other exhibits. Exhibit E Exhibit E is a schedule of all beginning and ending fund balances for City Funds, beginning with ending fund balances for December 31, 2015 and 2016, budgeted and midyear adjustments for 2017, proposed budgets for 2018, and projected ending fund balances for December 31, There is a column in Exhibit E that is labeled Mid-year Activity Each year, the current year s budget is amended as needed. This occurs towards the end of the year as revenues and expenditures have materialized to the point where more accurate forecasts can be made. Staff has already recognized certain changes that will need to be made in revising the 2017 Budgets, and have entered placeholders as such. This column is not ready for discussion and is not part of the 2018 Budget approval process rather it is included to provide accuracy to estimated 2018 ending Fund balances. The Storm Water Fund continues to show a negative fund balance steps are being taken to address this situation, including increasing rates. The 2018 Budget does not reflect rate increases and will be modified accordingly when information becomes available. Exhibit F Exhibit F reports the progression on the Police Patrol staffing over the past few years. Other items The 2018 Lafayette Urban Renewal Authority Budget is not part of this approval process, but will be brought forward to Council before the end of the year. The GIDs (City Center, Exempla, Corporate Campus, Tech Center) have been listed with the attached information, but are approved in separate Council actions in the 2 nd budget meeting in October S. Public Road Lafayette, Colorado cityoflafayette.com

8 Attachments: 2017 City Budget Exhibits: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F 1290 S. Public Road Lafayette, Colorado cityoflafayette.com

9 TO: FROM: Gary Klaphake, City Administrator Pam Spring, Human Resources Director DATE: September 14, 2017 SUBJECT: 2018 Pay Plan RECOMMENDATION: Council Motion approving the City of Lafayette 2018 Pay Plan, pay adjustments, merit increases and benefit costs as described below. BACKGROUND: In 2013, the City hired pay consultant Mike Swallow from Personnel Systems and Services to create a no pay grades pay plan. The plan balances the information obtained from the labor market while at the same time considering internal equity. For 2018 we hired Mr. Swallow again to update our pay plan excluding commissioned Police and Fire which have their own Step Plans. Mr. Swallow ran a regression analysis and an array of pay comparisons, surveying our current labor market cities. The consultant reexamined internal equity making appropriate adjustments and reviewed the external labor market to determine current likenesses. The market cities are Brighton, Commerce City, Erie, Golden, Louisville, Northglenn and Wheat Ridge. As a result of this work, the 2018 pay plan has updated pay ranges and has addressed pay inequities and compression of certain positions. Pay compression is a result of increases in market pressures; the compression of wages paid to new employees vs. employees who have been in the position for some time. This compaction effected the entry level positions in the pay plan more dramatically than say a department head s salary. In addition, Colorado minimum wages have increased over the last few years and have significantly impacted the wages that skilled workers will accept. The pay increases for 2018 will be rolled out on a pay for performance plan, ranging from 0% to 4.5% based on an employee s overall performance appraisal rating during Health insurance costs (Kaiser) are projected to go up 14% in 2018 with a total cost of $290K. We propose that these costs be paid by the City and are included in the 2018 budget. Other benefits costs such as disability, dental and vision are not increasing. However, in comparing our leave accruals with our comparable market cities, the City was found to be lower than average. The City is recommending that all full time non-union employees receive an additional (8 hour) floating holiday for 2018.

10 Fiscal Impact: Full Time Employee Base Additional Full Time Positions Health Insurance Fire Contract Increase Police Commissioned Increase Proposed % Increase Comments $12,551,709 $12,940, % See below * $289,574 Excluded from above ** 14.8% 14% Absorbed by the City $127,315 $ Excluded from above $310,306 Excluded from above *** *Percent would be 9% with all the changes **Five additional positions are allocated for Police, Information Systems, Finance, and the Great Outdoors Water Park. ***Market survey was conducted and the plan was updated and adjustments will be made to attempt parity with our labor market.

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20 CITY OF LAFAYETTE DRAFT RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO, SUPPORTING THE GOALS OF REDUCING GREENHOUSE GAS EMISSIONS IN THE CITY OF LAFAYETTE TO 80% BELOW MEASURED 2005 LEVELS BY 2050 AND BY 2030 RELYING SOLELY UPON RENEWABLE ENERGY SOURCES TO GENERATE ALL ELECTRICITY USED WITHIN THE CITY OF LAFAYETTE AND ESTABLISHING MEANS TO ACCOMPLISH SUCH GOALS WHEREAS, the City Council of the City of Lafayette ("City Council") strongly supports the scientific consensus that the earth's climate is warming as a result of human activities which are releasing unprecedented quantities of carbon dioxide, methane and other greenhouse gases into the atmosphere; and WHEREAS, City Council concurs with the scientific models that the warming of the earth's climate results in the thinning of the polar ice caps, rising of both ocean levels and temperatures and an increase in extreme weather events such as wildfires, floods and droughts all of which affect the quality of life and economies throughout the world; and WHEREAS, the effects of climate change are taking place locally and have a significant negative impact upon those within the City of Lafayette ("City") who work out-doors, low-income households, seniors, children and those afflicted with respiratory diseases; and WHEREAS, to address climate change the City has joined the Colorado Communities for Climate Action and the Compact of Colorado Communities both of which support climate protection policies which reduce greenhouse gas emissions; and WHEREAS, the City has also developed partnerships with public and private entities to offer energy efficient programs, services and technologies to residents, which is of particular importance to those with limited financial resources; and WHEREAS, the City has also developed a Lafayette Master Sustainability Plan which includes the goal of reducing greenhouse gas emissions; and WHEREAS, City Council desires that the City increase its effort to break away from fossil fuels and dramatically increase its use of renewable energy derived from sources such as, wind, solar, biomass, hydro-electrical and geothermal; and WHEREAS, as further evidence of its commitment to depart from the use of fossil fuels City Council supports the electrification of the transportation sector and zero carbon emission fuel standards; and WHEREAS, to fulfill its goal of having all electricity within the City being generated from renewable energy sources City Council is committed to working with the electric utility to transition the electric grid to renewable energy sources, joining coalitions which support such transition and taking other affirmative steps which advance policies, programs and research that promote and increase energy efficiency. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAFAYETTE THAT: 1

21 Section 1: Section 2: The City is committed to the goals of reducing greenhouse gas emissions by 80% below 2005 levels by 2050; and using renewable energy sources to generate all electricity used within the City by 2030; and To achieve such goals the City shall strive to: (a) Establish milestones and track its progress through the use of recognized carbon accounting methods; and (b) Continue to promote and participate in public and private initiatives and programs, which support the goals of reducing greenhouse gases and the use of renewable energy; and (c) Continue to be a leader among those municipalities seeking to both reduce greenhouse gas emissions and promote the use of renewable energy sources as evidenced by the City's installation of energy efficient measures within its facilities, establishment of electric vehicle charging stations, solar power facilities and solar garden and partnerships with public and private entities for the installation of residential energy efficiency measures for income eligible households; and (d) Actively pursue measures and programs which will increase citizen participation, provide greater access to and lower the cost of renewable energy for all citizens, enhance the use of alternative forms of transportation, all of which will promote a culture of sustainability. PASSED AND ADOPTED THIS DAY OF, 2017 CITY OF LAFAYETTE, COLORADO ATTEST: Christine Berg, Mayor Susan Koster, CMC, City Clerk APPROVED AS TO FORM: David S. Williamson, City Attorney 2

22 To: From: STAFF REPORT Gary Klaphake, City Administrator Greg Thompson, Historic Preservation Board Staff Liaison Date: September 27, 2017 Subject: First Reading / Ordinance No. 39, Series 2017 / Owner-Initiated Application for Historic Landmark Designation / 608 E. Geneseo Recommendation: Approval on First Reading Ordinance No. 39, Series 2017, of the ownerinitiated application for Historic Landmark Designation at 608 E. Geneseo Background: Enclosed is the Lafayette Register of Historic Properties/Places Nomination Form submitted by Grant Swift for an owner nomination for local landmark of 608 E. Geneseo. The nomination was forwarded by the Historic Preservation Board to the City Council with a recommendation for approval based on 1. Physical Integrity Criteria 1, 2, and 3, and 2. Historical Significance Criteria A.1, 2, 6, and 7, as well as B.3 The property was surveyed as part of the 1999 Architectural Intensive Survey of Old Town and found to be eligible for Local Landmarking. The property owner/applicant has conducted research on the property/building which is included. The property was originally owned by Mary Miller as evidenced by a deed from her. She sold the property to Mrs. Dell Cannon who built a home on the property with her husband. They sold the house in 1905 to Joseph Pearce who was a miner. He and his wife Sarah also took in boarders in the house. Joseph also served as a money lender. In 1945, after Joseph and Sarah had both died, their daughter owned the property. In 1965, Ada transferred ownership to her son J.W. In 1969, J.W. sold the property out of the family. Attachments: Nomination packet Ordinance No. 39, Series 2017

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55 ORDINANCE NO. 39, SERIES 2017 INTRODUCED BY: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO DESIGNATING CERTAIN STRUCTURES AT 608 E. GENESEO ST, LAFAYETTE, COLORADO, AS A LOCAL HISTORIC LANDMARK PURSUANT TO CHAPTER 47 OF THE LAFAYETTE CODE OF ORDINANCES. WHEREAS, on August 2, 2017, Grant Swift and Lynn Riedel submitted an owner requested landmark nomination (the Application ), to the City of Lafayette Historic Preservation Board (the Board ) to designate certain structures on the property described as Lot 2, Block H, Lafayette Old Town, known by street address as 608 E. Geneseo Street, Lafayette, Colorado, (the Property ) as a local historic landmark under Chapter 47 of the Lafayette Code of Ordinances; and WHEREAS, the Board conducted a public hearing and reviewed the Application on September 11, 2017, and determined the Structures, including the house, shed/outhouse, and garage were eligible for historic landmark designation as defined in Chapter 47 of the Code of Ordinances of the City of Lafayette, Colorado; and WHEREAS, the Board approved the Application as it pertains to the Structures and referred the matter to the City Council for consideration of enactment of a landmark designation ordinance pursuant to Chapter 47 of the Code of Ordinances of the City of Lafayette, Colorado; and WHEREAS, City Council conducted a public hearing on the Application on October 3, 2017, in accordance with, and following notice requirement of, Section 47-4(d) of the Lafayette Code of Ordinances; and WHEREAS, considering the information presented at the hearing before City Council, the arguments presented by the applicant/property owner, and the recommendation of the Board, the City Council makes the following findings that justify the designation of the Structures as a historic landmark pursuant to Chapter 47 of the Lafayette Code of Ordinances: 1. The house, shed/outhouse, and garage are all more than 50 years old. 2. The house, shed/outhouse and garage meet the following Physical Integrity criteria for designation as set forth in Sec (a)(1)a of the Lafayette Code of Ordinances : 1. They show character, interest, or value as part of the development, heritage, or cultural characteristics of the community, region, state, or nation; 2. They retain original design features, materials, and/or character; and 3. They are in their original location. 3. The house, shed/outhouse, and garage meet the following Historical Significance criteria for designation, as set forth in Sec (a)(2) of the Lafayette Code of Ordinances including Architectural and Social/Historic elements: 1

56 a) They meet the following architectural criteria: 1. They exemplify specific elements of an architectural style or period; 2. They are an example of the work of an architect or builder who is recognized nationally, statewide, regionally, or locally for his or her expertise; 6. They represent the built environment of a group of people in an era of history; and 7. They demonstrate a pattern or grouping of elements listed above b) They meet the following social/historic criteria: 3. They are associated with a notable person or the work of a notable person; WHEREAS, based upon the foregoing findings the City Council has determined that the house, shed/outhouse, and garage should be designated as an historic landmark. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO, AS FOLLOWS: SECTION 1. The house, shed/outhouse, and garage all of which are located on the Property at Lot 2, Block H, Lafayette Old Town, and as shown in Exhibit A attached hereto, are hereby designated as Historic Landmarks pursuant to the provisions of Chapter 47 of the Code of Ordinances of the City of Lafayette, Colorado: SECTION 2. This ordinance, when effective, shall be recorded with the Boulder County Clerk and Recorder. SECTION 3. If any article, section, paragraph, sentence, clause or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. SECTION 4. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof is hereby repealed to the extent of such inconsistency or conflict. SECTION 5. The repeal or modification of any provision of the Code of Ordinances of Lafayette, Colorado by this ordinance shall not release, extinguish, alter, modify or change in whole or in part any penalty, forfeiture or liability, either civil or criminal, which shall have been incurred under such provision. Each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions for enforcement of the penalty, forfeiture or liability, as well as for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered or made in such actions, suits, proceedings or prosecutions. SECTION 6. This ordinance is deemed necessary for the protection of the health, welfare and safety of the community. 2

57 SECTION 7. This ordinance shall become effective upon the latter of the 10 th day following enactment, or the day following final publication of the ordinance. INTRODUCED AND PASSED ON FIRST READING THE DAY OF, PASSED ON SECOND AND FINAL READING AND PUBLIC NOTICE ORDERED THE DAY OF ATTEST: CITY OF LAFAYETTE, COLORADO Susan Koster, CMC City Clerk Christine Berg, Mayor APPROVED AS TO FORM: David Williamson, City Attorney 3

58 ORDINANCE NO. 40, Series 2017 INTRODUCED BY: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO, ENACTING A NEW ARTICLE IX OF CHAPTER 55 ESTABLISHING THE DEFAULT BEVERAGES OFFERED WITH CHILDREN S MEALS WITHIN THE CITY OF LAFAYETTE, COLORADO WHEREAS, City Council desire to promote healthy meal options for children and their families to build a healthier community by implementing innovative approaches to accomplish these goals; and WHEREAS, a recent 2013 study of the most profitable fast food restaurant chains in the United States found that only three percent (3%) of the assessed meal combinations met the expert nutrition standards for children s meals; and WHEREAS, sugar-sweetened beverages alone make up to nine percent (9%) of the calories children consume daily, and medical evidence suggests sugar-sweetened beverages are linked to obesity; and WHEREAS, obesity-related health conditions include type 2 diabetes, heart disease, stroke, high blood pressure, high cholesterol, certain cancers, asthma, low self-esteem, and depression, according to the United States Department of Health and Human Services and the Centers for Disease Control and Prevention; and various studies point to the serious economic costs to communities due to such obesity-related health conditions; and WHEREAS, City Council believes that limiting the sugary beverages offered with children s meals will contribute to the overall health and wellbeing of children and families in the City of Lafayette. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO, AS FOLLOWS: Section 1. Chapter 55 Licenses and Business Regulations, is hereby amended by enactment of Article IX therein entitled Default Beverages Offered with Children s Meals, as follows: ARTICLE IX. DEFAULT BEVERAGES OFFERED WITH CHILDREN S MEALS Sec Definitions. For purposes of this article, the following words and phrases shall have the following meanings: Children s meal means a combination of food items, or food items and a beverage, sold together at a single price, primarily intended for consumption by children

59 Ordinance No Default Beverages Offered with Children s Meals Restaurant means a food establishment that serves food to customers for consumption on or off premises, including fast food and full service dining establishments. It includes, but is it not limited to, drive-through or walk-up counters, coffee shops, cafes, pizza parlors, and dine-in establishments. Default beverage means the beverage automatically included, or offered, as part of the children s meal, absent a specific request by the purchaser of the children s meal for an alternative beverage. Sec Default beverages in children s meals. (a) After the effective date of the ordinance codified in this article, a restaurant that sells a children s meal that includes a beverage shall make the default beverage offered with the children s meal one of the following: 1. Water, sparkling water, or flavored water, with no added natural or artificial sweeteners; 2. Milk or non-dairy milk alternatives with no added natural or artificial sweeteners. (b) Nothing in this article prohibits a restaurant s ability to sell, or a customer s ability to purchase, a substitute or alternative beverage instead of the default beverage offered with a children s meal, if requested by the purchaser of the children s meal. (c) All restaurants shall complete an initial self-certification certifying whether they offer children s meals and if so, certifying that they comply with the provisions of this section. Subsequently, restaurants that sell children s meals shall complete an annual self-certification, certifying that they comply with the provisions of this section, as may be modified from time to time at the discretion of the city council. Sec Construction. This article shall be construed so as to not conflict with applicable federal or state laws, rules, or regulations. Nothing in this article authorizes any city agency to impose any duties or obligations in conflict with limitations on municipal authority established by federal or state law. Section 2. If any article, section, paragraph, sentence, clause or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 3. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof is hereby repealed to the extent of such inconsistency or conflict. 2

60 Ordinance No Default Beverages Offered with Children s Meals Section 4. The repeal or modification of any provision of the Code of Ordinances of Lafayette, Colorado by this ordinance shall not release, extinguish, alter, modify or change in whole or in part any penalty, forfeiture or liability, either civil or criminal, which shall have been incurred under such provision. Each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions for enforcement of the penalty, forfeiture or liability, as well as for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered or made in such actions, suits, proceedings or prosecutions. Section 5. This ordinance is deemed necessary for the protection of the health, welfare and safety of the community. Section 6. This ordinance shall become effective upon the latter of the 10 th day following enactment, or the day following final publication of the ordinance. INTRODUCED AND PASSED ON FIRST READING THE DAY OF, PASSED ON SECOND AND FINAL READING AND PUBLIC NOTICE ORDERED THE DAY OF CITY OF LAFAYETTE, COLORADO Christine Berg, Mayor ATTEST: APPROVED AS TO FORM: Susan Koster, CMC, City Clerk David S. Williamson, City, Attorney 3

61 To: From: STAFF REPORT Gary Klaphake, City Administrator Paul Rayl, Planning Manager Date: September 27, 2017 Subject: First Reading / Ordinance No. 41, Series 2017 / Rezoning Lot 1, St. James Subdivision Filing No. 2 Recommendation: Approval on First Reading Ordinance No. 41, Series 2017, rezoning Lot 1, St. James Subdivision Filing No. 2 from DR (Developing Resource) to C1/PUD (Regional Commercial/Planned Unit Development). Background: The Planning Commission held a public hearing on September 26, 2017 to consider a rezoning application for a lot in the St. James Subdivision in order to accommodate the development of a rehabilitation hospital. The subject property is located at the northeast corner of Highway 287 and Old Laramie Trail. An application has been submitted to zone the property to C1/PUD (Regional Business/Planned Unit Development) from DR (Developing Resource). The subject property was zoned DR (Developing Resource) when it was annexed into the City. The Planning Commission found that the rezoning is necessary to comply with the Comprehensive Plan, and the rezoning complies with the criteria of the Code including that due to changing conditions in a particular area that rezoning was necessary to encourage development. A public hearing is scheduled on the rezoning request for October 17, A more detailed analysis of the rezoning and site development plans will be provided in the City Council packet prior to the public hearing. Ordinance No. 41, Series 2017 has been created for your consideration. Based on the findings of the Planning Commission, staff recommends approval on first reading of Ordinance No. 41, Series 2017 rezoning the subject property from DR to C1/PUD. Fiscal Impact: Normal fees and charges will apply. Attachments: Ordinance No. 41, Series 2017

62 ORDINANCE NO. 41, Series 2017 INTRODUCED BY: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO ZONING CERTAIN LAND EAST OF HIGHWAY 287 AND NORTH OF OLD LARAMIE TRAIL, KNOWN AS TRACT A, ST. JAMES SUBDIVISION FILING NO. 1, REPLAT A FROM DEVELOPING RESOURCE (DR) TO REGIONAL BUSINESS/PLANNED UNIT DEVELOPMENT (C1/PUD) ZONE DISTRICT WHEREAS, the City Council of the City of Lafayette, Colorado finds that a proper application for zoning certain land in Lafayette, Colorado fully described as Tract A, St. James Subdivision Filing No. 1, Replat A, but which will be described as Lot 1, St. James Subdivision Filing No. 2, pursuant to a pending subdivision application, ( Subject Property ) has been submitted by the applicant to the City; and WHEREAS, the Subject Property is currently zoned DR; and WHEREAS, the Planning Commission, after a Public Hearing on September 26, 2017 and careful consideration of all relevant facts, has recommended approval of the zoning to the City Council, subject to City Council approval of the site plan/architectural review for the subject property; and WHEREAS, the City Council held a public hearing on October 17, 2017 concerning the zoning request in conformance with the Lafayette Code of Ordinance; and WHEREAS, the City Council of the City of Lafayette finds that due to changed or changing conditions in the area of the land for which zoning is requested, in particular the approval of a development plan for the subject property, it is in the public interest and reasonably necessary to zone the subject property to City of Lafayette C1 (Regional Business) zoning district; and WHEREAS, the City Council of the City of Lafayette finds that the rezoning is necessary to conform to the Comprehensive Plan Land Use designation of the subject property as Commercial ; and WHEREAS, the City Council of the City of Lafayette finds and declares that all officers, boards, and the City Council have complied with all applicable provisions of the City Charter, City Ordinances and State Statues. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO: SECTION 1. Upon approval by City Council of, and the recordation of, the St. James Subdivision Filing No. 2 final subdivision plat, the land described and depicted on Exhibit A, shall be zoned City of Lafayette C1/PUD (Regional Business/Planned Unit Development) Zoning District.

63 City of Lafayette Ordinance No. 41, Series 2017 Page 2 SECTION 2. Upon timely compliance with all conditions in Section 1 above, the City Council certifies a change in the Zoning Map zoning the property described herein to City of Lafayette C1/PUD. SECTION 3. City Council directs that a certified copy of this Ordinance be filed with the City Clerk and further, that the City Clerk index, file and make the Ordinance available to the public. SECTION 4. If the conditions set forth in Section 1 above are not timely fulfilled by March 30, 2018, this ordinance shall be void and of no effect. SECTION 5. If any article, section, paragraph, sentence, clause or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. SECTION 6. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof is hereby repealed to the extent of such inconsistency or conflict. SECTION 7. The repeal or modification of any provision of the Code of Ordinances of Lafayette, Colorado by this ordinance shall not release, extinguish, alter, modify or change in whole or in part any penalty, forfeiture or liability, either civil or criminal, which shall have been incurred under such provision. Each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions for enforcement of the penalty, forfeiture or liability, as well as for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered or made in such actions, suits, proceedings or prosecutions. SECTION 8. This ordinance is deemed necessary for the protection of the health, welfare and safety of the community. SECTION 9. This ordinance shall become effective upon the latter of the 10 th day following enactment, or the day following final publication of the ordinance.

64 City of Lafayette Ordinance No. 41, Series 2017 Page 3 INTRODUCED, PASSED ON FIRST READING AND PUBLIC NOTICE ORDERED THIS DAY OF, PASSED ON SECOND AND FINAL READING AND PUBLIC NOTICE ORDERED THIS DAY OF, ATTEST: CITY OF LAFAYETTE, COLORADO Susan Koster, CMC, City Clerk Christine Berg, Mayor APPROVED AS TO FORM: David S. Williamson, City Attorney PUBLISHED: Colorado Hometown News

65 City of Lafayette Ordinance No. 41, Series 2017 Page 4 EXHIBIT A Tract A, St. James Subdivision Filing No. 1 Replat A, as per the plat recorded April 14, 2015 under Reception No , County of Boulder, State of Colorado.

66 To: From: STAFF REPORT Gary Klaphake, City Administrator Paul Rayl, Planning Manager Date: September 27, 2017 Subject: First Reading / Ordinance No. 42, Series 2017 / Vacation of Drainage Easement / Lot 1, St. James Subdivision Filing No. 2 Recommendation: Approval on First Reading Ordinance No. 42, Series 2017, vacating a drainage easement on Lot 1, St. James Subdivision Filing No. 2 subject to the recording of the minor subdivision dedicating a new drainage easement to replace the one being vacated. Background: On September 26, 2017 the Planning Commission recommended approval to the City Council of a request to vacate a drainage easement dedicated to the City by the St. James Subdivision Filing No. 1, Replat Final Plat. The easement is located in the southeast corner of the aforementioned lot. The Planning Commission found the easement in its current configuration is no longer needed for public use and convenience and recommended approval of the vacation request subject to recording of the St. James Subdivision Filing No. 2 final plat dedicating a new drainage easement. The subject property is located at the northeast corner of Highway 287 and Old Laramie Trail. Ordinance No. 42, Series 2017 has been created for your consideration. Based on the findings of the Planning Commission, staff recommends approval on first reading of Ordinance No. 42, Series 2017 vacating the current drainage easement subject to the recording of the St. James Subdivision Filing No. 2 final plat dedicating a new drainage easement to accommodate the development. Fiscal Impact: Normal fees and charges will apply. Attachments: Ordinance No. 42, Series 2017

67 ORDINANCE NO. 42, SERIES 2017 INTRODUCED BY: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO VACATING A DRAINAGE EASEMENT DEDICATED TO THE CITY OF LAFAYETTE WITH THE ST. JAMES SUBDIVISION FILING NO. 1, REPLAT A. WHEREAS, On September 26, 2017, the Planning Commission held a public hearing on a request to vacate a drainage easement platted with St. James Subdivision Filing No. 1, Replat A and recommended approval of the aforementioned application, subject to approval and recording of the St. James Subdivision Filing No. 2 dedicating a new drainage easement that more appropriately serves the newly platted lot and the proposed rehabilitation hospital; and WHEREAS, the minor subdivision for St. James Subdivision Filing No. 2, is a re-plat of Tract A, St. James Subdivision Filing No. 1, Replat A, and includes proposed dedications for a new drainage easement to replace the one proposed to be vacated; and WHEREAS, the aforementioned easement in its configuration as depicted in the St. James Subdivision Filing No. 1, Replat A is no longer be needed with the dedication of a new drainage easement as depicted on the St. James Subdivision Filing No. 2 minor subdivision; NOW, THEREFORE, THE CITY OF LAFAYETTE ORDAINS: Section 1. The easement, as depicted and described in Exhibit A, shall be, and are hereby vacated, contingent upon: a) The acceptance of the new drainage easement by the City Council; and b) Recording of St. James Subdivision Filing No. 2. Section 2. The Council finds that, upon satisfaction of the contingencies set out in Section 1 above, the easement to be vacated will no longer be necessary for the public use and convenience. Section 3. That the City Council directs that a certified copy of this Ordinance be filed with the City Clerk and further, that the City Clerk index, file and make the Ordinance available to the public. Section 4. Upon satisfaction of the conditions set out in Section 1 above, the City Clerk is directed to record a certified copy of this ordinance with the Boulder County Clerk and Recorder s office, such recordation indicating the effectiveness of the vacation herein authorized. Section 5. In the event that all conditions set forth in Section 1 are not fulfilled by March 30, 2018, this ordinance and the vacations set forth hereing shall be void ab initio. Section 6. If any article, section, paragraph, sentence, clause or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid.

68 City of Lafayette Ordinance No. 42, Series 2017 Page 2 Section 7. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof is hereby repealed to the extent of such inconsistency or conflict. Section 8. The repeal or modification of any provision of the Code of Ordinances of Lafayette, Colorado by this ordinance shall not release, extinguish, alter, modify or change in whole or in part any penalty, forfeiture or liability, either civil or criminal, which shall have been incurred under such provision. Each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions for enforcement of the penalty, forfeiture or liability, as well as for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered or made in such actions, suits, proceedings or prosecutions. Section 9. This ordinance is deemed necessary for the protection of the health, welfare and safety of the community. Section 10. This ordinance shall become effective upon the latter of the 10 th day following enactment, or the day following final publication of the ordinance. INTRODUCED, PASSED ON FIRST READING AND PUBLIC NOTICE ORDERED THIS DAY OF, PASSED ON SECOND AND FINAL READING AND PUBLIC NOTICE ORDERED THIS DAY OF, ATTEST: CITY OF LAFAYETTE, COLORADO Susan Koster, CMC, City Clerk Christine Berg, Mayor APPROVED AS TO FORM: David S. Williamson, City Attorney PUBLISHED: Colorado Hometown News

69 City of Lafayette Ordinance No. 42, Series 2017 Page 3 Exhibit A

70 City of Lafayette Ordinance No. 42, Series 2017 Page 4

71 TO: FROM: Gary Klaphake, City Administrator STAFF REPORT Roger Caruso, Assistant City Administrator / Economic Development Director DATE: September 27, 2017 SUBJECT: Resolution / Increases to the Service Expansion Fee Recommendation: Approval of Resolution / Approving increases to the Service Expansion Fee. Background: Staff has been working on reviewing the existing Service Expansion Fee since March. The Service Expansion Fee (commonly referred to as a capital impact fee) is collected at the time of building permit issuance. The funds collected are put in a separate account that are not comingled with other City accounts, and are used to construct capital improvements needed to accommodate new development. The Service Expansion Fee can only be used for new growth s proportional share of now needed new capital expenses. In other words, if not for the new incremental growth the City would not need to buy new fire apparatuses or expand City buildings with new additions or road widenings. The Service Expansion Fee monies may not be used for operations, maintenance, or replacement or correction of existing capital facilities. C.R.S specifically spells out a city s ability to collect impact fees including segregation of monies, usage of monies, and returning of monies to those who received building permits should the City not use the money within a specified timeframe. There are a variety of ways to determine an appropriate and accurate Service Expansion Fee. One way is to determine the existing facility asset and household count, determine the new increment population over a period of time, assess a value of now required increases to required capital, and assess that on a per unit basis. For example, if the Library has 10,000 books at a total value of all books at $100,000, each book is valued on average at $10. If the household count is 4,000, each new household (at building permit issuance) requires the Library to purchase 2.5 new books. Therefore, the City could require a Library Impact Fee of $25/unit so the City can expand capital (library books) to serve the new population. It should be noted that per our definition of Service Expansion Fee, library books would not be a capital expense that form the basis of an impact fee. However it serves as a convenient example. Another way is to value the City s current capital assets (not including Enterprise Funds), determine each existing households proportion of the capital assets, and require those joining the system to pay their proportional share. For example, if the City s non-enterprise assets are $75,000,000 at a population of 4,000, then each household s ownership in capital assets is $18,750. As such, each new resident should pay $18,750 to buy into the system. The Boulder County Assessor lists the City s total actual value of all property within the City at $4,329,013,520. Of this, $3,998,930,854 or 79.7% is residential, $549,099,155 or 12.7% is commercial, and $330,082,66 or 7.6% is natural resources/oil and gas or tax-exempt. Therefore, for new residential development to buy-in to the system they should pay 79.7% of total current assets.

72 The Service Expansion Fee was last changed in At that time, the City started to collect $1,000/single-family unit; $1,650/duplex or $825/unit; $350 + $650/unit for multi-family; and $775/ADU. It is common for impact fees to be assessed by either square footage or by unit type. By unit type it is common for single-family to pay a higher impact fee than a duplex, a duplex higher than multifamily, and multi-family higher than an ADU. The value of all non-enterprise City capital assets (buildings, improvements, equipment, infrastructure, land, and construction-in-progress) total $131,733, % could be attributed to the need generated by residential use, as opposed to commercial use, and would be $104,991,491 (this allocation method is merely one-way of allocating the capital stock between residential generators and commercial generators). The total number of dwelling units in the City is 11,343, resulting in each unit owning, or generating the need for, $9, of non-enterprise City, capital assets. Staff recommends the Service Expansion Fee be changed to: $7,500/single-family unit; $10,000/duplex or $5,000/unit; $2,500/unit for multi-family or ADU; and $1,000/mobile home unit. Attachments: Resolution

73 CITY OF LAFAYETTE RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO, ESTABLISHING THE SERVICE EXPANSION FEE AMOUNT AND THE BASIS FOR SUCH AMOUNT WHEREAS, Article I of Section 30 of the Lafayette Code of Ordinances provides for an impact fee upon new development within the City related to impacts caused by new development on the need for Municipal Capital Facilities, as defined by Section 30-2 of the Lafayette Code of Ordinances, which fee is denominated as a Service Expansion Fee ; and WHEREAS, Section 30-4 of the Lafayette Code of Ordinances authorizes City Council to establish the Service Expansion Fee by resolution in an amount that is reasonably necessary to defray the projected impacts on Municipal Capital Facilities by the new development; and WHEREAS, in conjunction with this resolution, the Lafayette staff has presented evidence and information upon which City Council relies in determining the amount of the Service Expansion Fee to be imposed upon new residential development; and WHEREAS, City Council, based upon such information, wishes to establish the Service Expansion Fee consistent with the information provided by staff; and WHEREAS, based on information provided by staff, specifically including the staff report presented by staff to City Council in conjunction with this resolution, City Council finds that the proposed Service Expansion Fee amounts are reasonably related to anticipated expenditures of the City for Municipal Capital Facilities that will be necessitated by reason of new residential development. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lafayette, Colorado, as follows: Pursuant to Section 30-4 of the Lafayette Code of Ordinances, City Council does hereby adopt and establish the Service Expansion Fee in the amounts shown in Exhibit A, which exhibit is attached hereto and made a part of this resolution. All Service Expansion Fees shall be used and disposed of pursuant to Article I of Section 30 of the Lafayette Code of Ordinances. This resolution shall supersede any prior resolutions pertaining to the amount of the Service Expansion Fee. RESOLVED AND PASSED THIS TH DAY OF, CITY OF LAFAYETTE, COLORADO ATTEST: Susan Koster, CMC, City Clerk Christine Berg, Mayor APPROVED AS TO FORM: David S. Williamson, City Attorney

74 EXHIBIT A TO RESOLUTION ESTABLISHING THE SERVICE EXPANSION FEE AND THE BASIS FOR SUCH FEE Type of Structure* Fee Per single-family dwelling $ 7, Per accessory dwelling $ 2, Per two-family dwelling $10, Per dwelling unit in multi-family dwelling $ 2, Per mobile home $ 1, *as defined in Chapter 26 of the Lafayette Code of Ordinances

75 TO: FROM: Gary Klaphake, City Administrator STAFF REPORT Roger Caruso, Assistant City Administrator / Economic Development Director DATE: September 27, 2017 SUBJECT: Resolution / Amending City of Lafayette Fees and Charges Exhibits A and B Recommendation: Approval of Resolution / Amending City of Lafayette Fees and Charges Exhibits A and B Background: In 2005, the City amended the Code of Ordinances to replace all dollar amounts related to Code established fees with a statement that the amount shall be established by resolution of the City Council. In addition to the Code amendment, Council adopted Resolution establishing three (3) different fee schedules (exhibits). Exhibit A included fees referenced in Code, Exhibit B included fees established by City Council but not referenced in Code and Exhibit C included miscellaneous, non-substantial, fees (copies, facility rentals, VIN verification, etc.). Exhibits A and B have been amended from time to time, most recently by Resolution No related to Stormwater Fees. Fees on Exhibit C have been amended from time to time and do not require approval of a resolution by Council. Staff conducted a review of all City fees earlier this year to determine if any fees needed to be increased in order to cover the costs of providing City services, goods and programs. In addition, the opening of the new LaMont Does Pool required a new analysis of those fees. Staff surveyed other municipalities to determine the median average fee for similar services/goods/programs. The purpose of the survey was to ensure that any proposed fee increases would remain within a range of what would be considered usual and customary. The attached spreadsheets include the proposed fee adjustments for Exhibits A and B. Subject to approval of the resolution, the fee increases will be effective as of October 4, 2017, except for the Parks, Open Space, and Recreation fees, which will be effective January 1, Attachments: Resolution Proposed Fee Adjustment Exhibit A Proposed Fee Adjustment Exhibit B

76 CITY OF LAFAYETTE RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLROADO ESTABLISHING FEES AND THE BASES FOR SUCH FEES FOR MUNICPAL SERVICES, GOODS AND PROGRAMS WHEREAS, Section 5-4 of the Code of Ordinances of the City of Lafayette provides that City Council shall establish, by resolution, fees for municipal services, goods and programs; and WHEREAS, such ordinance provides, in recognition of existing case law in Colorado, that the purpose of such fees is to defray the City s cost of providing the services, goods and programs, and that the amount of fees shall be reasonably related to the City s cost; and WHEREAS, City Council has determined that it wishes to increase certain fees in order to defray increased costs to provide municipal services, goods and programs; and WHEREAS, based on information provided by staff, City Council finds that the proposed fee increases are reasonably related to the City s actual operational costs and expenditures incurred for the municipal services, goods and programs. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO, AS FOLLOWS: The City Council does hereby adopt the fees and bases for such fees for municipal goods, services and programs in Exhibits A and B, which exhibits are attached hereto and made a part of this resolution All fees on Exhibits A and B are hereby effective as of October 4, except for the Parks, Open Space, and Recreation Department fees, which are effective as of January 1, PASSED and RESOLVED the 3 rd day of October, 2017 CITY OF LAFAYETTE, COLORADO Christine Berg, Mayor ATTEST: APPROVED AS TO FORM: Susan Koster, CMC City Clerk David Williamson City Attorney

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83 CITY OF LAFAYETTE PROCLAMATION INDIGENOUS PEOPLES DAY October 12, 2017 WHEREAS, Indigenous Peoples Day was first proposed in 1977, by a delegation of Native Nations to the United Nations International Conference on Discrimination against Indigenous Populations in the Americas; and WHEREAS, the Council of the City of Lafayette recognizes that the Indigenous Peoples have lived and flourished in the Americas since time immemorial, and WHEREAS, Colorado encompasses the ancestral homelands of 48 tribes and the Denver metropolitan area is home to descendants of approximately 100 tribal nations; and WHEREAS, the Council of the City of Lafayette recognizes and values the vast contributions made to our community through Indigenous Peoples knowledge, science, philosophy, arts and culture, and WHEREAS, Indigenous People in our communities, as in all parts of Americas, endured centuries of cruelty, exploitation and genocide; and WHEREAS, the City of Lafayette fosters inclusivity, racial equity and justice for all people and opposes systemic practices that perpetuate the oppression of Indigenous Peoples; and WHEREAS, the City of Lafayette recognizes its shared responsibility to honor our nation s indigenous roots, history, traditions, and cultural contributions NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Council of the City of Lafayette formally recognizes the interconnectedness of humanity and foundational and cultural contributions of Indigenous People to the history of our community, and does hereby proclaim the 12 th Day of October of each year as Indigenous Peoples Day. And that on the 12 th Day of October of each year the City of Lafayette will support events that celebrate and honor indigenous Peoples, their traditions, culture and our shared history. PASSED AND ADOPTED THIS 3 rd DAY OF OCTOBER, CITY OF LAFAYETTE, COLORADO ATTEST: Susan Koster, CMC City Clerk Christine Berg, Mayor

84 R E C O R D O F P R O C E E D I N G S CITY OF LAFAYETTE CITY COUNCIL MEETING September 19, 2017 Call to Order The September 19, 2017, City Council Meeting began at 5:47 p.m. at Lafayette City Hall at 1290 South Public Road in Lafayette, Colorado. Roll Call Those in attendance included Mayor Christine Berg, Mayor Pro Tem Gustavo Reyna, and Councilors Alexandra Lynch, Chelsea Behanna, Merrily Mazza, and Stephanie Walton. A motion was made by Councilor Lynch and seconded by Councilor Behanna to excuse Councilor Brad Wiesley. The motion passed unanimously. Also present were City Administrator Gary Klaphake, Fire Chief Dave Friedel, Public Works Director Doug Short, City Clerk Susan Koster, City Attorney Dave Williamson, Assistant City Administrator/Economic Development Director/LURA Executive Director Roger Caruso, and Planning Manager Paul Rayl. Liquor Authority - Public Hearings Tangerine City Clerk Koster presented the application for a new Hotel and Restaurant Liquor License for Rain, Inc., dba Tangerine at 300 S. Pubic Road, Suites She said preliminary findings support the approval of the new license and staff recommends Authority approval. Oedipus, Inc. conducted a Needs and Desires Survey of the surrounding neighborhood. Owner Tina Scott presented the results of the survey indicating support from surrounding businesses and residents. Mayor Berg invited applicant Alexander Schuler to the lectern to talk about the new restaurant. He was accompanied by Manager Justin Medlin. Mayor Berg asked if there were parties in interest who wished to question the applicant. No one responded. She opened a public hearing at 5:55 p.m. and invited interested persons to come forward. Seeing no one, she closed the hearing. City Attorney Williamson had no issues with the application. A motion was made by Councilor Lynch and seconded by Councilor Behanna to approve Resolution No / Granting a New Hotel and Restaurant Liquor License to Rain, Inc., dba Tangerine at 300 S. Public Road, Suites The motion passed unanimously. MOD Pizza City Clerk Koster presented the application for a new Beer and Wine Liquor License for Best Pizza, LLC, dba MOD Pizza at 1137 Diamond Circle, Suite 400. She said preliminary findings support the approval of the new license and staff recommends Authority approval. Oedipus, Inc. conducted a Needs and Desires Survey of the surrounding neighborhood. Owner Tina Scott presented the results of the survey indicating support from surrounding businesses and residents. Mayor Berg invited Manager Scott Schooler to the lectern to talk about the new restaurant. He was accompanied by Dill and Dill Attorney Kevin Coates. Mayor Berg asked if there were parties in interest who wished to question the applicant. No one responded. She opened a public hearing at 6:05 p.m. and invited interested persons to come forward. Seeing no one, she closed the hearing. City Attorney Williamson had no issues with the application. A motion was made by Councilor Behanna and seconded by Councilor Walton to approve Resolution No / Granting a New Beer and Wine

85 Lafayette City Council Meeting September 5, 2017 Page 2 Liquor License to Best Pizza, LLC, dba MOD Pizza located at 1137 Diamond Circle, Suite #400. The motion passed unanimously. Presentations Senior Services Supervisor Juli Mackenzie, Senior Advisory Board Chair Cori Layton, and Niki Hayden of the Dementia-Friendly America Initiative talked about the program which supports people with dementia and their caregivers. Via Mobility Services Board Member Debra Baskett and Via Communications Director Lyndsy Morse, presented data on basic services provided to Lafayette residents including rider profiles and destinations. Joint workshop with Lafayette Planning Commission Councilors and members of the Planning Commission agreed to reschedule their workshop. Public Input Abraheem Abu-shanab and Leidy Pineda spoke in favor of the ordinance limiting sugary drinks on children s menus. Carden White, Jackie Abu-shanab, and Julie Piller registered their support with the City Clerk. Andrea Merida and Cliff Smedley spoke in favor of the resolution supporting the Deferred Action for Childhood Arrivals (DACA) Program. The following individuals spoke in opposition to hydraulic fracturing activities near Lafayette: Ron Spalding, Theresa Stels, Cliff Willmeng, Cindy Lurie, Andrew J. O Connor, Sasha Wilmeng, Emily Love, and Norah Murray. Holland & Hart Attorney Marc Painter, representing The Peaks assisted-living facility, spoke in opposition to a 90-day moratorium on the acceptance of new applications for Special Use Review approval for facilities such as nursing homes, hospitals, and convalescent homes. City Hall Renovations Architect Erik Hartronft and Assistant City Administrator / Economic Development Director / LURA Executive Director Caruso described proposed changes to the site and exterior of City Hall. City Administrator Klaphake pointed to the expense and 25-year payback for a geothermal installation. Councilors directed Mr. Klaphake to talk to members of the Energy Conservation Advisory Committee about downsides of geothermal vis-à-vis other types of renewable energy sources. Consent Agenda Mayor Berg read the Consent Agenda: H. Minutes of Regular Council Meeting of September 5, 2017 I. Second Reading / Ordinance No. 36, 2017 / Amending Chapter 26 of the Code of Ordinances of Lafayette / Repealing and Reenacting in its Entirety and Retitling Section Regarding Telecommunication Facilities

86 Lafayette City Council Meeting September 19, 2017 Page 3 J. Second Reading / Ordinance No. 37, 2017 / Amending Article 1 Section 30 of the Lafayette Municipal Code pertaining to the Public Art Fee and to Impact Fees for Service Expansion and Parks and Recreation and Development K. Resolution No / Storm Water Fees L. Resolution No / Intergovernmental Agreement with Boulder County / Surveillance System at Library Ballot Box M. Contract / Property Acquisition Services / Western States Land Services, Inc. N. Contract / Lafayette Tech Center Medians / Creative Construction by Design O. Resolution No /Authorizing an Amendment to the Economic Development Agreement with Lafayette South Public Investors, LLC / Lafayette City Center P. Purchase Orders and Amendments Items K and L were removed from the consent agenda for further discussion. A motion was made by Mayor Pro Tem Reyna and seconded by Councilor Walton to approve the remainder of the Consent Agenda. The motion was approved unanimously. Item K. Public Works Director Short answered questions about the fee increases. A motion was made by Councilor Behanna and seconded by Councilor Walton to approve Resolution No / Storm Water Fees. The motion passed unanimously. Item L. Council tabled Resolution No / Authorizing an Intergovernmental Agreement with Boulder County / Surveillance System at Library Ballot Box at the request of Library Director Melissa Hisel. Council Appointments Human Rights Commission A motion was made by Councilor Lynch and seconded by Mayor Pro Tem Reyna to appoint Nicole Sati Fardi to an Alternate Member position on the Human Rights Commission for a threeyear term. The motion passed unanimously. Historic Preservation Board A motion was made by Councilor Behanna and seconded by Councilor Walton to appoint Bob Jencks as a full member on the Historic Preservation Board for a term of four years. The motion passed unanimously. A motion was made by Councilor Behanna and seconded by Councilor Walton to appoint Kim Dugan as a full member on the Historic Preservation Board for a term of three years. The motion passed unanimously. City Administrator s Report Ordinance No. 38, Series 2017 Approving a 90-day Moratorium on the Acceptance and Processing of New Applications for Special Use Approvals for Assisted Living Facilities, Hospitals, Nursing Homes or Convalescent Homes, and all Uses in the Senior and Special Resident (RSR) Zone District; and Declaring an Emergency.

87 Lafayette City Council Meeting September 19, 2017 Page 4 Mr. Klaphake said the moratorium is needed to allow time to assess the City s ability to provide ambulance and emergency medical transport services to these facilities. The City currently operates ambulance services at a deficit, requiring a subsidy from the General Fund. Mark Painter, Attorney for The Peaks at Old Laramie Trail Senior Living Facility was invited to join the discussion. His client s plans for expansion would be halted if the emergency ordinance passes. A motion was made by Councilor Behanna and seconded by Mayor Pro Tem Reyna to approve Ordinance No. 38, Series 2017 amended to ensure that appropriate communication is made to the Fire Department, Police Department, Planning Commission, and Senior Advisory Board. City Attorney Williamson said the motion would require a unanimous vote in order to pass. A vote was taken and the motion failed 5 to 1 with Councilor Walton voting no. A motion was made by Councilor Walton and seconded by Councilor Lynch to approve Ordinance No. 38, Series 2017 as amended and to remove the emergency status of the ordinance. City Attorney Williamson clarified that Council would be approving the ordinance on first reading and it would come back for second reading at the next meeting. A vote was taken and the motion passed unanimously. East Baseline Road Addition Replat A and PUD City Administrator Klaphake said the owner of the Lafayette Feed and Grain Store site has been unable to get the development agreement and plat changes recorded within 30-days as stipulated when Council approved the Replat and PUD. He requested Council approve an extension of 6 months, requiring recordation by March 15, A motion was made by Councilor Lynch and seconded by Councilor Walton to approve the extension of approval of East Baseline Road Addition Replat A and PUD for 6 months. The motion passed unanimously. Council Discussions DRAFT Ordinance / Sugary Drinks on Children s Menus Councilor Walton suggested a change to Sec (a) (2) which would exclude artificial sweeteners from milk alternatives. Council directed the City Attorney to prepare an ordinance for first reading with the recommended change. DRAFT Resolution / Deferred Action for Childhood Arrivals (DACA) Mayor Pro Tem Reyna and Councilor Mazza will revise the draft for reading at the next meeting. Council Reports Councilor Walton requested that a discussion about adopting whatever comes out of the Boulder County Affordable Housing Summit be placed on the next agenda. A motion was made by Councilor Walton and seconded by Councilor Behanna to direct the City Attorney to draft a resolution adopting a 10% goal for deed-restricted affordable housing. The motion passed unanimously.

88 Lafayette City Council Meeting September 19, 2017 Page 5 A motion was made by Councilor Walton and seconded by Councilor Lynch to schedule a review of residential and commercial development fees at the first meeting in November. The motion passed unanimously. Mayor Berg, and Councilors Mazza and Behanna, agreed to represent Lafayette at the Consortium of Cities meetings for the rest of the year. Adjourn The meeting was adjourned at 10:31 p.m. CITY OF LAFAYETTE, COLORADO ATTEST Christine Berg, Mayor Susan Koster, CMC City Clerk The minutes herein are a summary of the business conducted at this meeting, not a verbatim transcription. Only the actions taken and the text appearing in quotation marks are verbatim.

89 ORDINANCE NO. 38, Series 2017 INTRODUCED BY: COUNCILOR CHELSEA BEHANNA AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO, PROVIDING FOR A 90- DAY MORATORIUM ON THE ACCEPTANCE AND PROCESSING OF NEW APPLICATIONS FOR SPECIAL USE APPROVALS FOR ASSISTED LIVING FACILITIES, HOSPITALS, NURSING HOMES OR CONVALESCENT HOMES, AND ALL USES IN THE SENIOR AND SPECIAL RESIDENT (RSR) ZONE DISTRICT WHEREAS, the City of Lafayette provides ambulance and emergency medical transport services ( ambulance service ) to the citizens, residents, and inhabitants of the City of Lafayette; and WHEREAS, the City s ambulance service is dispatched to calls within the City that request emergency medical attention; and WHEREAS, while the City attempts to recover the full costs associated with providing ambulance services from the users of the ambulance service, the City operates this service at a deficit and requires subsidy from the City s general fund; and WHEREAS, with factors such as the increase in the median age of Lafayette s residents and citizenry and the proximity of a regional hospital with emergency services located within the City, the City has seen a significant increase in the development and construction of assisted living facilities, hospitals and nursing homes or convalescent homes, all of which place a disproportional burden upon the City s ambulance services, and therefore strain the ability to provide such services to those users, as well as the remainder of the citizens and residents of the City; and WHEREAS, the proliferation of such land uses requires that the City assess its ability to continue to provide such ambulance services given the cost deficit associated with the current operations and the anticipated increased demand caused by such land uses; and WHEREAS, the discretionary approval of any new or additional land uses that require extraordinary use of the City s ambulance services will only serve to exacerbate the problem and jeopardize the City s ability to provide such services at its current service levels; and WHEREAS, the City s Planning Commission will be directed to conduct public hearings, and recommend to City Council code changes to chapter 26 of the Lafayette Code of Ordinances to address the capabilities of the City to provide essential ambulance services necessary to the designated uses, as well as to all Lafayette s citizens and inhabitants; and WHEREAS, City Council anticipates it will consider and act upon such recommended ordinance within the next 90 days; and

90 Ordinance No. 38, Series 2017, WHEREAS, in the absence of a moratorium, the submission of applications for special use approvals in anticipation of enactment of the code changes may well defeat the purpose of the proposed changes and increase the magnitude of the difficulties the City faces in providing ambulance services; and WHEREAS, the imposition of a 90-day moratorium on the acceptance of applications for special use approval under Section of the Lafayette Code of Ordinances for the following uses: Assisted Living, Hospitals, Nursing Homes or Convalescent Homes, and all uses in the Senior and Special Resident (RSR) Zone District, will preserve the status quo, and allow City Council to investigate, consider, and adopt amendments, if advisable, to the Lafayette Code of Ordinances pertaining to preservation of the City s ability to provide ambulance services to its citizens and inhabitants; and WHEREAS, the duration of the moratorium imposed by this ordinance is reasonable in length and is no longer than is required for the City to properly develop, adopt and implement potential amendments to the Lafayette Code of Ordinances; and WHEREAS, owners and developers of real property in the City will not be unfairly prejudiced by the imposition of the short, temporary moratorium proposed by this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO, AS FOLLOWS: Section 1. A moratorium is imposed upon the acceptance and processing of, and the City shall not accept or process, new applications for special use approval under Section of the Lafayette Code of Ordinances for the following uses: Assisted Living, Hospitals, Nursing Homes or Convalescent Homes, and all uses in the Senior and Special Resident (RSR) Zone District. Section 2. The moratorium imposed by this ordinance shall commence as of the effective date of this ordinance and shall expire 90 days thereafter, unless sooner repealed. Section 3. The City Council shall have the power to grant a special exception to the moratorium established in Section 1 of this ordinance, and to order the acceptance and process of applications that would otherwise be prohibited by this moratorium, if the following conditions are met, as determined in the sole satisfaction and discretion of City Council: a) A written application for a special exception must be submitted indicating the exact nature of the project proposed, and building permit sought to be obtained and stating with particularity the circumstances of the undue, substantial hardship that the applicant will suffer if the special exception is not granted; b) Within thirty (30) days the City Council shall hold a public hearing on the application for special exception. Notice shall be given at least 7 days in advance of the public 2

91 Ordinance No. 38, Series 2017, hearing. The owner of the property, or agent, shall be notified by mail. Notice of such hearing shall be posted on the property and shall be published in a newspaper with general circulation within the City of Lafayette at least seven (7) days prior to the public hearing. c) City Council may grant the special exception if it finds all of the following: (i) The issuance of the approval is necessary to prevent undue, substantial hardship for the applicant; and (ii) The issuance of the approval will not affect the public interest or the purpose and reasons for this moratorium; and (iii) The issuance of the approval will be in accordance with all of the ordinances and regulations of the City of Lafayette as if the moratorium were not in effect. Section 4. The provisions of this ordinance and the moratorium imposed hereby shall not affect or otherwise prohibit the processing of full and complete applications for special use approval that were submitted to the City prior to the day upon which this ordinance becomes effective. Section 5. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 6. The repeal or modification of any provision of the Code of Ordinances of Lafayette, Colorado by this ordinance shall not release, extinguish, alter, modify or change in whole or in part any penalty, forfeiture or liability, either civil or criminal, which shall have been incurred under such provision. Each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions for enforcement of the penalty, forfeiture or liability, as well as for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered or made in such actions, suits, proceedings or prosecutions. Section 7. This ordinance is deemed necessary for the protection of the health, welfare and safety of the community. Section 8. This ordinance shall become effective upon the latter of the 10 th day following enactment, or the day following final publication of the ordinance. 3

92 Ordinance No. 38, Series 2017, INTRODUCED AND PASSED ON FIRST READING THE 19TH DAY OF SEPTEMBER, PASSED ON SECOND AND FINAL READING AND PUBLIC NOTICE ORDERED THE DAY OF CITY OF LAFAYETTE, COLORADO Christine Berg, Mayor ATTEST: APPROVED AS TO FORM: Susan Koster, CMC City Clerk David S. Williamson City Attorney 4

93 STAFF REPORT To: Gary Klaphake, City Administrator From: Melissa Hisel, Library Director Date: September 27, 2017 Subject: Boulder County IGA/Ballot Box Recommendations: Approval of the updated IGA with Boulder County to permit remote access to the surveillance cameras that monitor the Ballot box on the north end of the Lafayette Public Library building. Background: In September 2015 a Boulder County ballot box with surveillance cameras was installed outside the north end of the Lafayette Library building. In August of 2017 Boulder County elections approached the city to request remote access to the surveillance footage so county staff would not have to make as many trips to Lafayette to retrieve footage. City staff felt that this would be beneficial because county employees accessing the library s telecom room to retrieve footage required assistance from city staff. When the IGA was sent to council on September 19, the map provided by Boulder County Elections officials showed the ballot box in the front of the building. This created confusion about the location of the ballot box. A box in front of the building would have been unacceptable because of concerns about patron privacy. The mapped location of the ballot box in the front of the building was an error made by elections staff. They have since submitted a corrected IGA with an accurate map. I do not have concerns about patron privacy at this location on the north end. Having a ballot box at the library is valuable to our residents and remote access will be more convenient for city and county staff. Fiscal Impact: None.

94 CITY OF LAFAYETTE RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO, APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF LAFAYETTE AND THE CLERK AND RECORDER FOR BOULDER COUNTY PERTAINING TO THE LOCATION OF A MAIL BALLOT DROP OFF BOX AT THE LAFAYETTE CITY LIBRARY WHEREAS, the Clerk and Recorder for Boulder County conducts elections in Boulder County and provides election services to Boulder County s voters, including those voters who reside in Lafayette; and WHEREAS, to better serve the citizens of Boulder County and Lafayette, the Boulder County Clerk and Recorder desires to install a standalone mail ballot drop-off box with a video surveillance recording system at the Lafayette City Library; and WHEREAS, the City and the Boulder County Clerk and Recorder wish to agree to the terms by which such mail ballot drop-off box may be located upon the City property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lafayette, Colorado, as follows: Section 1. City Council approves and authorizes the Intergovernmental Agreement with the Clerk and Recorder for Boulder County pertaining to the location of a standalone mail ballot dropoff box and associated security surveillance recording system at the Lafayette City Library on West Baseline Road, the substance and form of such intergovernmental agreement being as substantially as attached hereto as Exhibit A. Section 2. The Mayor is authorized to sign such intergovernmental agreement on behalf of the City, and the City Administrator is authorized to sign any and all documents necessary to complete the transaction on behalf of the City. RESOLVED AND PASSED THIS 3 rd DAY OF OCTOBER, CITY OF LAFAYETTE, COLORADO ATTEST: Susan Koster, CMC City Clerk Christine Berg, Mayor APPROVED AS TO FORM: David S. Williamson, City Attorney

95 INTERGOVERNMENTAL AGREEMENT THIS INTERGOVERNMENTAL AGREEMENT (the Agreement ) is entered into this 19th day of September 2017, by and between the CLERK AND RECORDER FOR BOULDER COUNTY (the Clerk ) and the CITY OF LAFAYETTE (the City ). The Clerk and the City may be collectively referred to as the Parties. This Agreement fully replaces and supersedes any previous Intergovernmental Agreement between the Parties addressing mail ballot drop-off boxes and video security surveillance recording systems. WHEREAS, the Clerk conducts elections in Boulder County and provides election services to Boulder County voters; and WHEREAS, to better serve its citizens, the Clerk desires to install stand-alone mail ballot drop-off boxes throughout Boulder County for receipt of mail ballots; and WHEREAS, the Clerk and the City agreed that the Clerk may install a mail ballot dropoff box and video security surveillance recording system at the Lafayette Public Library at 775 West Baseline Road, Lafayette, CO ( Property ), which Property is owned by the City of Lafayette; and WHEREAS, the Clerk installed a mail ballot drop-off box and video security surveillance recording system on the Property in September of 2015; WHEREAS, pursuant to the Colorado Election Code (COLO. REV. STAT , et seq.) and Colorado Secretary of State s Election Rules (8 Colorado Code of Regulations ), mail ballot drop-off locations must meet certain requirements, including monitoring by an election official or video security surveillance recording system during all times when mail ballot drop-off boxes are open to receive ballots; and WHEREAS, this Agreement is designed to serve the citizens of Boulder County during elections by providing convenient locations for voters to drop off their completed mail ballots; and WHEREAS, intergovernmental agreements are authorized and encouraged by Article XIV, Section 18 of the Colorado Constitution and COLO. REV. STAT NOW, THEREFORE, in consideration of the recitals, promises, covenants and understandings set forth herein, the Parties agree as follows: 1. Site Location. The City permitted the Clerk to install and maintain a mail ballot dropoff box and video security surveillance recording system at the Property. The mail ballot dropoff box is located in front of the building s main entrance, as detailed on the map of the Property included as Exhibit A. The mail ballot drop-off box and area immediately around and below the mail ballot drop-off box, approximately a 4.5-foot by 3.5-foot square, are referred to as the Premises.

96 2. Description of Improvements. The mail ballot drop-off box and the video security surveillance recording system are collectively referred to as the Improvements. The mail ballot drop-off box is a secure location for the deposit of mail ballots. The video security surveillance recording system includes a video camera and recording system that allows for continuous recording of the mail ballot drop-off box when the mail ballot drop-off box is being used to receive ballots, which recording is required by Colorado law. 3. Funding of Improvements. The Clerk will fund the entire cost for obtaining, installing, and maintaining the Improvements. 4. Use of and Access to Improvements. a. Duration of Use of Mail Ballot Drop-Off Box. The mail ballot drop-off box is permanently installed on the Premises. However, the mail ballot drop-off box will only be open to receive mail ballots from the time ballots are mailed by the Clerk until Election Day during a general election, a primary election, and any special election. During the period in which mail ballots may be dropped off, the mail ballot drop-off box will be available to voters 24 hours a day. b. Video Security Surveillance Recording System. The Clerk is responsible for obtaining and retaining the video data from the video security surveillance recording system. The Clerk is solely responsible for ensuring compliance will all applicable laws and regulations governing video surveillance of mail ballot drop-off boxes and any costs associated with making the video security surveillance recording system compliant with such laws and regulations. c. Duration of Use of Video Security Surveillance Recording System. The video security surveillance recording system is permanently installed on the Property. However, the video security surveillance recording system will only be in active use from the time ballots are mailed by the Clerk until Election Day during a general election, a primary election, and any special election. d. Access to Improvements. The Clerk, as well as the Clerk s agents and contractors, shall have the reasonable right of ingress and egress in, to, through, over, and across the Property for purposes of installing, replacing, repairing and maintaining the Improvements; for collecting ballots from the mail ballot drop-off box during an election; and for retrieving recorded video from the video security surveillance recording system during an election. Access shall be coordinated with the City. e. Schedule for Access. The Parties may establish a schedule before each election setting forth the dates and times that the Clerk s staff will access the mail ballot drop-off box to collect ballots and access the video security surveillance recording system to retrieve recorded data.

97 5. Maintenance. a. During all times that the mail ballot drop-off box is installed on the Premises, the Clerk shall maintain the Premises in good repair at the Clerk s expense. b. During all times that the mail ballot drop-off box is installed on the Premises, the Property Representative shall ensure that the Premises are adequately lit. c. During all times at which the video security surveillance recording system is installed on the Property, the Clerk shall maintain the video security surveillance recording system in good repair. 6. Use of Property Representative s Internet Network. The City shall permit the Clerk to utilize the City s internet network for the sole purposes of accessing recorded surveillance footage and storing it on a Boulder County-maintained server. 7. Damage to Premises. The Clerk shall be responsible for repair/replacement of the City s property damaged by the Clerk or her agents pursuant to this Agreement. The Clerk will be responsible for any damages to persons or property caused by the negligence of the Clerk, the Clerk s employees, agents, representatives, or other persons acting under the direction or control of the Clerk while at the Property. Notwithstanding any provision to the contrary, nothing in this Agreement will be construed in any way to be a waiver by the Clerk or Boulder County of the protection that is granted to the County and its employees under the Colorado Governmental Immunity Act, C.R.S , et. seq. 8. Electioneering. No electioneering, including posting signs or communicating with voters related to an issue or candidate in the election, is permitted within 100 feet of the mail ballot drop-off location when it is open to receive ballots during an election. The City agrees that the Clerk and Clerk s staff may take steps they deem reasonably necessary to stop or prevent such electioneering. The City will refrain from erecting or permitting any sign, display, or other demonstration that may, in the judgment of the Clerk, have the effect of influencing or intimidating voters during an election. The Clerk and the Clerk s staff may take the steps they deem reasonably necessary to obscure or remove any such sign, display or other demonstration. 9. Term and Termination. This Agreement shall be for ten (10) years or until the Clerk or City notifies the other in writing of their wish to terminate this Agreement. The City must notify the Clerk of his or her intent to terminate this Agreement at least 120 days prior to any election in order to provide the Clerk sufficient time to establish a new mail ballot drop-box location. Upon termination, the Clerk shall remove the mail ballot drop-box within 90 days and restore the Premises to the condition as near to original condition prior to installation. The Clerk shall also remove the video security surveillance recording system within 90 days. 10. Notices. Any notices to be provided under this Agreement shall be given in writing and either delivered by hand or deposited in the United States mail with sufficient postage to the addresses set forth below: To the Clerk: Boulder County Clerk and Recorder

98 To the City: Division of Elections rd Street Boulder, CO City of Lafayette City Clerk s Office 1290 South Public Road Lafayette, CO Assignment. No party may assign any of the obligations, benefits, or provisions of this Agreement in whole or in part without the expressed written authorization of the other party, which consent shall not be unreasonably withheld. Any purported assignment, transfer, pledge or encumbrance made without such prior written authorization shall be void. 12. Counterparts. This agreement may be executed in counterparts, each of which will be deemed an original, and all of which shall constitute one and the same agreement. 13. Governing Law. The terms, covenants and provisions herein shall be governed by and construed under the applicable laws of the State of Colorado. For the resolution of any dispute arising hereunder, venue shall be in the courts of Boulder County, State of Colorado. 14. Headings. All section headings are for convenience or reference only and are not intended to define or limit the scope of any provision of this Agreement. 15. Entire Agreement. This Agreement represents the entire and integrated agreement between the Clerk and the City and supersedes all prior negotiations, representations, or agreements, either written or verbal. Any amendments to this Agreement must be in writing and be signed by both parties. IN WITNESS WHEREOF, the Parties have signed this Agreement. CLERK AND RECORDER OF THE COUNTY OF BOULDER By: Clerk and Recorder, Boulder County CITY OF LAFAYETTE By: Title: Mayor

99

100 To: Gary Klaphake, City Administrator From: Steve McFarland, Finance Director Date: September 27, 2017 Subject: Authorization to engage Swanhorst & Company LLC as City Auditors Recommendation: Motion to engage Swanhorst & Company LLC as City Auditors for a series of four one-year appointments, fiscal years Background The City annually engages an outside, independent accounting firm to audit the City s financial records. The City s four-year engagement with the current firm, Eide-Bailly, expired with the completion of the 2016 Comprehensive Annual Financial Report (CAFR). Following discussion with the Audit Committee, on August 31, 2017, the City released an RFP for Audit Services for the years, receiving four responses by the closing date (September 22, 2017). The responses were reviewed by a team led by the Finance Director. The responses varied in base annual costs from $37,000 to $57,550. Based on criteria expressed in the RFP, checked references, and from personal experience with each firm, the Team recommends the selection of Swanhorst & Company LLC. Both of the Finance Directors on the selection team have successfully worked with Swanhorst & Company LLC in the past. Swanhorst is currently engaged by nearby cities of varying size and financial complexity, including Lakewood, Fountain, Superior, Centennial and Canon City. Staff requests approval to engage Swanhorst & Company LLC for the 2017 fiscal year, with the option of using them for the 2018, 2019 and 2020 years. Attachment: None Fiscal Impact: 2017: $37,000 (future years: 2018 $37,000; $38,000; $38,000)

101 Lafayette Urban Renewal Authority 1290 S. Public Road Lafayette, Colorado STAFF REPORT To: Gary Klaphake, City Administrator From: Roger Caruso, LURA Executive Director Date: September 27, 2017 RE: LURA 2017 Budget Amendment Background: Per the 2012 amendments to Lafayette's Urban Renewal Plan, the Lafayette Urban Renewal Authority (LURA) is required to present its budget to the Lafayette City Council for the purposes of securing comments or suggestions prior to LURA s adoption of the budget. This memo provides background information on a proposed 2017 LURA Budget Amendment that will be submitted to LURA for adoption following a public hearing on October 10, Amendment to Expenses: Downtown Development. The proposed amendment would increase the Downtown Development budget by $150,000 for an EDA with the property owner at 802 S. Public Rd., smaller grants given throughout the year, and for the purchase of a public art piece. Public Road Streetscape. The proposed amendment would increase the Streetscape budget by $150,000. This accounts for the contract with Munding Design for the Front Porch, as well as any construction costs incurred for the Front Porch in Administrative Fee. LURA pays 10% of the gross revenues of the Authority to the City of Lafayette as compensation for the General Administrative Support provided by the City to the Authority on an annual basis. Due to increasing revenues (property and sales tax collections), the proposed amendment increases the administrative fee from $76,410 to $110,000. Fiscal Impact: The remaining projected fund balance after the budget adjustment is $2,063,196. Attachments: 2017 LURA Budget Amendment Worksheet

102 Exhibit A Lafayette Urban Renewal Authority 2017 Amended Budget Approved Budget Year End Projection Description Actual* Revenues - Property Taxes 448, , ,979 Sales Tax 314, ,132 Misc Revenues Interest Income , , , ,511 Expenditures - Books & Periodicals ,000 Operating Supplies Maintenance (Festival Plaza, Starkey Building, Parking Lots) 40,000 9,255 40,000 Legal Fees County Treasurer's Fees 15,635 9,615 15,635 Professional Services 5, ,837 Utilities Expense 3,498 2,031 3,498 Administrative Fee 76,410 63, ,000 Printing & Publishing 1, ,631 Memberships & Meetings 4,943 2,516 4,943 Misc Services 316 2,435 4,000 Downtown Development 100, , ,000 Public Road Streetscapes 100,000 66, ,000 Art Night Out 11,000 5,500 11, , , , Excess Revenues/(Expenditures) 404, , ,867 Beginning Fund Balance 1,793,329 1,793,329 1,793,329 Projected Ending Fund Balance 2,198,047 2,108,948 2,063,196 * Actual year-to-date through 08/31/2017 YEP property tax 2017 is based off 2017 YTD YEP sales tax 2017 is based off 2016 actual w/ a 1% climber 2017 final sales tax actual is not booked until after Jan 1, 2017

103 Lafayette Urban Renewal Authority 1290 S. Public Road Lafayette, Colorado STAFF REPORT To: Gary Klaphake, City Administrator From: Roger Caruso, LURA Executive Director Date: September 27, 2017 RE: LURA 2018 Budget Background: Per the 2012 amendments to Lafayette's Urban Renewal Plan, the Lafayette Urban Renewal Authority is required to present its budget to the Lafayette City Council for the purposes of securing comments or suggestions prior to LURA s adoption of the budget. This memo provides background information on the proposed 2018 LURA budget that will be submitted to LURA for adoption following a public hearing on October 10, This memo provides background information on the proposed 2018 LURA budget. The memo is not intended to address every line item within the budget, but does address certain revenue and expenditure issues/items. Revenues: The projected revenues include an estimated $653,799 in property tax and $328,383 in sales tax. Per the Urban Renewal Plan, prior to the undertaking of any urban renewal project in which the cost is reasonably anticipated to exceed 40 percent of the budgeted amount of LURA s tax increment revenue, LURA will present such proposed project to Council and obtain consent to proceed with the project. LURA s 2018 budgeted tax increment revenue is $983,582 (which includes interest on investments), and 40 percent of that revenue is $393, Expenses: Maintenance. The proposed $40,000 includes monies to off set the cost of maintaining Festival Plaza; monies to offset expenses of maintaining new landscaping on Public Road; and snow removal for public parking lots on Public Road and Simpson Street. Downtown Development. The proposed $1,000,000 is a placeholder for downtown development projects that could arise in 2018, as well as public/private parking lot lease payments. Public Road Streetscapes. The proposed $600,000 includes $100,000 for miscellaneous streetscape improvements (street-tree replacement, and landscaping and streetscape