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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 life-styles. We envision a future that mixes small town livability with balanced growth and superior city services. CITY COUNCIL MEETING August 2, 2011 AGENDA 5:30 PM CITY COUNCIL WORKSHOP I. Energy Sustainability Advisory Committee Annual Report and Goals (5:30-6:00 p.m.) 6:30 PM CITY COUNCIL MEETING I. OPENING OF REGULARLY SCHEDULED MEETING Call to Order Pledge of Allegiance Roll Call II. ITEMS FROM THE PUBLIC (The public may address any City business, including Consent Agenda items, for which a public hearing is not scheduled later in the meeting.) III. LAFAYETTE LIQUOR LICENSING AUTHORITY A. Public Hearing / Resolution No. 2011-36 / Granting of a Transfer of a Retail Liquor License from Yang Giyoung d/b/a Lafayette Liquors to Damianov BG Inc. d/b/a Lafayette Liquors, 190 N. Public Rd., Lafayette (Noticed July 20, 2011 for sometime after 7:30 pm) IV. COUNCIL MINUTES B. Workshop of July 19, 2011 C. Regular Meeting of July 19, 2011 V. CONSENT AGENDA D. Release of Requirement for Permanently Affordable Dwelling Unit / 521 Homestead Street / Lafayette Farms East Subdivision E. Second Reading / Ordinance No. 27, Series 2011 / As Amended Amending Section 26-21 Sign Regulations, of Chapter 26 of the Lafayette Code of Ordinances Pertaining to the Regulation of Signs F. Second Reading / Ordinance No. 28, Series 2011 / Prohibiting Certain Activities on City Medians G. Approval of Contract / Stormwater Coordinator / CP Compliance LLC H. Approval of Contract / Library Fire Alarm Panel / Integrated Safety Services LLC I. Approval of Contract / Aquatics Renovation / Silver Contracting J. Purchase Orders & Purchase Order Amendments VI. COUNCIL APPOINTMENTS K. Appointment / Public Art Committee VII. REGULARLY SCHEDULED ITEMS Public Hearings L. Second Reading / Ordinance No. 29, Series 2011 / Authorizing the Issuance and Sale of Multi-Family Housing Revenue Bonds for the Traditions at Lafayette Development. (Noticed July 13, 2001 in the Colorado Hometown News) Ordinances M. First Reading / Ordinance No. 30, Series 2011 / Submitting to the Voters at the Election of November 1, 2011, Certain Amendments to the Home Rule Charter and Authorizing Such Election VIII. STAFF REPORTS N. City Attorney's Report O. City Administrator's Report P. Other Staff Reports IX. COUNCIL REPORTS X. ADJOURNMENT (Adjourn to Executive Session) XI. EXECUTIVE SESSION Q. According to C.R.S. 24-6-402(4)(a) for the purchase, acquisition, lease, transfer or sale of any real, personal, or other property interest pertaining to Ting's Financing / Public Road Office of the City Clerk STAFF REPORT To: Gary Klaphake, City Administrator From: Susan Koster, CMC, City Clerk Susan Barker, CMC, Deputy City Clerk Date: July 28, 2011 Subject: Hearing – Resolution No. 2011-36 / Granting of a Transfer of a Retail Liquor License from Yang Giyoung d/b/a Lafayette Liquor to Damianov BG Inc. d/b/a Lafayette Liquor, 109 N. Public Road, Lafayette, CO Recommendation: Approval of Resolution No. 2011-36 / Granting of a Transfer of a Retail Liquor License from Yang Giyoung d/b/a Lafayette Liquor to Damianov BG Inc. d/b/a Lafayette Liquor, 109 N. Public Road, Lafayette, CO Background: Damianov BG Inc. d/b/a Lafayette Liquor submitted a complete application for a transfer of a Retail Liquor License to the City Clerk on July 1, 2011. A Temporary Liquor Permit was issued to the applicant. The applicant holds a lease with Fong Chen until July 1, 2016. They are in compliance with the City's zoning, fire and building code regulations. A floor plan was submitted for the interior of the building. A transfer of a liquor license does not require surveying the needs and desires of the neighborhood. Owners Grozu and Teodora Damianov were fingerprinted and cleared through a preliminary background check conducted by the Lafayette Police Department. Criminal history investigations by CBI and FBI are pending and Resolution No. 2011-36 conditions approval of the license subject to final clearance. The hearing notice for this application was noticed in the Colorado Hometown News on July 20, 2011 and the premises were posted on July 19, 2011 in accordance with the 10-day posting requirement. Preliminary findings by the City Clerk support the approval of the license transfer and staff recommends Authority approval. Fiscal Impact: Local Fees were collected Attachments: Resolution No. 2011-36 License Application (application attachments are available for Council review in the City Clerk's office) 1290 S. Public Road Lafayette, CO 80026 303-665-5588 303-665-2153 fax www.cityoflafayette.com CITY OF LAFAYETTE RESOLUTION No. 2011-36 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO, GRANTING A TRANSFER OF A RETAIL LIQUOR STORE LICENSE FROM YANG GIYOUNG d/b/a LAFAYETTE LIQUOR TO DAMIANOV BG INC. d/b/a LAFAYETTE LIQUOR WHEREAS, the City has received an application for a transfer of a Retail Liquor Store License, on July 1, 2011, and said application was verified complete; and WHEREAS, the applicant has paid the required application and license fees; and WHEREAS, the Lafayette City Council, sitting as the Local Licensing Authority, considered the transfer application on August 2, 2011 NOW, THEREFORE, the City Council of the City of Lafayette finds as follows: 1. The applicant is entitled to possession of the premises for which application is made under a lease agreement between Fong Chen (landlord) and Damianov BG Inc. (tenant), the term of which expires on July 1, 2016. 2. The applicant has filed a floor plan for the interior area of the building. The Council approved said floor plan with no exceptions. 3. The sale of liquor for consumption off the premises is permitted at the location for which the license is sought under the applicable zoning ordinances of the City of Lafayette. 4. The parties shown by the application as having a financial interest in the business for which the license is requested are: Teodora Damianov and Grozu Damianov. 5. The application discloses that Fong Chen is the owner of the property. 6. The Lafayette Police Department, in conjunction with the Colorado Bureau of Investigation is conducting a records check on Teodora Damianov and Grozu Damianov. 7. The Council, subject to final CBI/FBI clearance, finds that their character is such to permit Damianov BG Inc. to hold a liquor license. Resolution 2011-36 Page 2 of 2 NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Lafayette, Colorado, as follows: 1. The application of Damianov BG Inc. d/b/a Lafayette Liquor is hereby approved subject to final criminal clearance from FBI and CBI, which will be reported to the City Clerk through the Police Department. 2. Upon approval of the Retail Liquor Store License by the State Licensing Authority, the City Clerk is hereby authorized to issue the license to the applicant. 3. This Resolution shall be effective upon its approval by the City Council. RESOLVED AND PASSED THIS 2nd DAY OF AUGUST, 2011. CITY OF LAFAYETTE, COLORADO ______________________________ Frank Phillips, Mayor ATTEST: _________________________________ Susan Koster, CMC, City Clerk APPROVED AS TO FORM: _________________________________ David S. Williamson, City Attorney DR 8404(03/19/09) Page 1 COLORADO DEPARTMENT OF REVENUE UQUOR ENFORCEMENT DMSION 21 DEPARTMENT USE ONLY DENVER Co 80261 COLORADO LIQUOR RETAIL LICENSE APPLICATION El NEW LICENSE TRANSFER OF OWNERSHIP C] LICENSE RENEWAL ALL ANSWERS MUST BE PRINTED IN BLACK INK OR TYPEWRITTEN APPLICANT MUST CHECK THE APPROPRIATE BOX(ES) LOCALUCENSEFEE $ APPLICANT SHOULD OBTAIN A COPY OF THE COLORADO LIQUOR AND BEER CODE (Call 303-370-2165) 1. Applicantisapplyingasa fl lndMdual Corporation .. Limited Liability Company El Partnership (includes Limited Liability and Husband and Wife Partnerships) [J Association or Other 2. Applicant If an LLC, name of LLC; ifrtnership, at least 2 partner's names; if corporation, name of corporation Fein Number D4 w I ' Bc 2a.Trade Name of Establishment (DBA) Li-c Sjate Sales Tax No. 1 -2125 7 1 t5 Business Telephone LAf/ fl Lt?,LO gzqz3 3O3-bS-S) 'g 3. Addres of Pbmises (specify exact jocation of premises) ,C- k 4 1 ICL).PL ck 3 City Countv State ., ZIP Code 4. Mailing Add?ss (Number and Street) City or Town State ZIP Code 5. It the premises currently have a liquor or beer license, you MUST answer the following questions: Pre nt Trade Name of tablishment (OBA) Present State License No. Present Class of License Present Expiration Date ii9H 2 #?5 I-i 40 tl? /91(0 IZ- S ?3_42OOO 2 22// UAB SEC1ONk. NONREUNDABLE APPLIt.Ai1ON FEES U& SECTION S(CONT.) LIQUOR LICENSE FEES 2300 [1 Application Fee for New License $1,025.00 1985 [] Resort Complex License (City) $500.00 2302 [] Application Fee for New License- 1986 [1 Resort Complex License (County) $500.00 w/Concurrent Review $1,125 00 1988 [1 Add Related Facility to Resort Complex $ 75.00 X — 2310 Application Fee for Transfer $1,025.00 1990 [1 Club License (City) $308.75 1991 C] Club License (County) $308.75 2010 C] Tavern License (City) $500.00 LJA SECTJ0WB UQUOfrUCENSE FEES 2011 [1 Tavern License (County) $50000 2012 Manager Registration Tavern $ 75.00 [1 - 1905 Retail Gaming Tavern License (City) $500.00 ,cense (ity) 1906 [1 Retail Gaming Tavern License (County) $500.00 20P1 0875 1940 Retail Liquor Store License (City) $227.50 2030 Rae e trakLi cen:: Ci 50000 c 1941 [1 Retail Liquor Store License /fTh (County) $312.50 2031 Racetrack License ( ounty 500.00 1 0 iquor cense ,4 fl rugs +ores I,, e927 50 20 tO [10 tic al p L se 'C $50000 1951 [1 Liquor 312.50 2041 [1 Optional Premises License (County $500.00 1960 [1 Beer and 2045 Vintners Restaurant License (City) $750.00 Wn Lcense '625 2046 [1 Vintners Restaurant License (County) $750.00 [1 Hl d Fl ta t Li ense 1971 [1 Hotel and Restaurant License (County) 1975 [1 Brew Pub License ( ity) $50000 $50000 $ 2375 Master Re Back g round H&R 1 $25000 X —°r—Total 1976 [1 Brew Pub license (County) . — — $750.00 1980 [1 Hotel and Restaurant License w!opt premises (City).... $500.00 1981 [1 Hotel and Restaurant License w/opt premises (County) $500.00 1983 [1 Manager Registration H & R- $ 75.00 DO NOT WRITE IN THIS SPACE FOR DEPARTMENT OF REVENUE USE ONLY - LIABILiTY INFORMATION OR 8404(03/19/09) Page 3 6. Is the applicant (including any of the partners, if a partnership; members or manager if a limited liability company; or officers, stock- Yes No holders or directors if a corporation) or manager under the age of twenty-one years? El ' 7. Has the applicant (including any of the partners, if a partnership; members or manager if a limited liability company; or officers, stockholders or directors it a corporation) or manager ever (in Colorado or any other state); (a) been denied an alcohol beverage license? C] (b) had an alcohol beverage license suspended or revoked? C] (C) had interest in another entity that had an alcohol beverage license suspended or revoked? If you answered yes to 7a, b or c, explain in detail on a separate sheet 8. Has a liquor license application (same license class), that was located within 500 feet of the proposed premises, been denied within the preceding two years? It "yes," explain in detail. 9. Are the premises to be licensed within 500 feet of any public or private school that meets compulsory education requirements of Colorado law, or the principal campus of any college, university or seminary? El 10. Has a liquor or beer license ever been issued to the applicant (including any of the partners, if a partnership; members or manager if a limited liability company; or officers, stockholders or directors if a corporation)? If yes, identify the name of the business and list any current or former financial interest in said business including any loans to or from a licensee. El 11. Does the Applicant, as listed on line 2 of this application, have legal possession of the premises by virtue of ownership, lease or other arrangement? El Ownership Lease C] Other (Explain in Detail) El El a. If leased, list name of landlord and tenant, and date of expiration, EXACTLY as they appear on the lease: Landlord. Tenant Expires L fO 1 u Cg Attach a diagram an6joutiine or designate the area to be licensed (including dimensions) which shows the bars, brewery, walls. paifltuns, entrances, exits and what each room shall be utilized for in this business. This diagram should be no larger than 8 1/2" X 1 1'. (Doesn't have to be to scale) 12. Who, besides the owners listed in this application (including persons, firms, partnerships, corporations, limited liability companies), will loan or give money, inventory, furniture or equipment to or for use in this business; or who will receive money from this business. Attach a separate sheet if necessary. NAME DATE OF BIRTH FEIN OR SSN INTEREST p/k Attach copies of all notes and security instruments, and any written agreement, or details of any oral agreement, by which of any person (including partnerships, corporations, limited liability companies, etc.) will share in the profit or gross proceeds this establishmen t, and any agreement relating to the business which is contingent or conditional in any way by volume, profit, sales, giving of advice or consultation. Yes No 13. Optional Premises or Hotel and Restaurant Licenses with Optional Premises Has a local ordinance or resolution authorizing optional premises been adopted? El Number of separate Optional Premises areas requested. — (See License Fee Chart) 14. liquor Licensed Drug Store applicants, answer the following: Yes No (a) Does the applicant for a Liquor Licensed Drug Store have a license issued by the Colorado Board of Pharmacy? COPY MUST BE AHACHED. El 15. Club Liquor License applicants answer the following and attach: (a) Is the applicant organization operated solely for a national, social, fraternal, patriotic, political or athletic purpose and El f not for pecuniary gain? which is El (b) Is the applicant organization a regularly chartered branch, lodge or chapter of a national organization ' operated solely for the object of a patriotic or fratemal organization or society, but not for pecuniary gain? (C) How long has the club been incorporated? (d) How long has applicant occupied the premises (Three years required) to be licensed as a club? (Three years required) 16. Brew-Pub License or Vintner Restaurant Applicants answer the following: (a) Has the applicant received or applied for a Federal Permit? El . (Copy of permit or application must be attached) '4'V Date of Birth OZt4 (If this is an 17a. Name of Manager (for all on-premises applicants) History Record (DR 8404-I). 3 '-'t. application for a Hotel, Restaurant or Tavern License, the manager must also submit an Individual in, any other liquor Yes No 17b. Does this manager act as the manager of, or have a financial interest licensed establishmen t in the State of Colorado? If yes, provide name, type of license and account number. El application and including its partners, officers, 18. Tax Distraint Information. Does the applicant or any other person listed on this Yes No a 10% or greater financial interest directors, stockholders, members (LLC) or managing members (LLC) and any other persons with in the applicant currently have an outstanding tax distraint issued to them by the Colorado Department of Revenue? If yes, provide an explanation and include copies of any payment agreements. DR 8404(03119109) Page 4 19. If applicant is a corporation, partnership, association or limited liability company, applicant must list ALL OFFICERS, DIRECTORS, GENERAL PARTNERS, AND MANAGING MEMBERS. In addition applicant must list any stockholders, partners, or members with OWNER SHIP OF 10% OR MORE IN THE APPLICANT. ALL PERSONS LISTED BELOW must also attach form DR 8404-I (Individual History record), and submit finger print cards to their local licensing authority. NAME HOME ADDRESS, CITY & STATE DOB POSITION % OWNED* JoduR4 DAki4;,w /99 PA cE14 4 c4,il 16 ptuL,'giZ a, -c PqAii% i46 owA, S2 *lf total ownership percentage disclosed here does not total 100% applicant must check this box Applicant affirms that no indMdual other than these disclosed herein, owns 10% or more of the applicant Additional Documents to be submitted by type of entity Li CORPORAtiON El Cart of lncorp. Li Cert of Good Standing (if more than 2 yrs. old) El Cert of Auth. (if a foreign corp.) Li PARTNERSHIP Li Partnership Agreement (General or Limited) Li Husband and Wife partnership (no written agreement) El LIMITED LIABILITY COMPANY Li Articles of Organizalion Li Cert of Authority (if foreign company) Li Operating Agrmt Li ASSOCIATION OR OThER Attach copy of agreements creating association or relationship between the parties R istered Agent (it le Address for Service ()-t4 P1Cf /.,(rüA,/,C4 OATH OF APPLICANT I d&fara under penaJt$iof perjurin the second cfegree that this application and all attachments are true correct and completE to the fist of my knowledgetj$eack.nowledgethairit is my respansibibty and the responsibility of my agents and employees tobonpIy MU tlJfr.pçvisionJ.?e Colorado Liquor or Beer Code whiclr affect my license .—'-::çA: ,$.• ..,.... . . Title JDate Authorized Signature -59* OV/) D 2SI( ..- REPORT AND APPROVAL OF LOCAL LICENSINGAUTHORITY (CITY/COUNTY) Date application filed with local authority Date of local authority hearing (for new license applicants; cannot be less than 30 days from date of application 12-47-311 (1)) C.R.S. i. -- ThE L ENSING AUTHORITY HEREBY AFFIRMS. Yes No That each person required to file DR 8404-I (Individual History Record) has: i:i Q Been fingerprinted ' outstanding warrants [J [El Been subject to background investigation. including NCIC/CCIC check for that the applicant is in That the local authority has conducted, or intends to conduct an inspection of the proposed premises to ensure of license C] compliance with, and aware of, liquor code provisions affecting their class (Check One) C] Date of Inspection or Anticipated Date Upon approval of state licensing authority. be conducted, and character of the applicant are satisfactory. The foregoing application has been examined; and the premises, business to the neighborhood and the desires of the adult inhabitants, We do reportthat such license, it granted, will meetthe reasonable requirements of THEREFORE, THIS APPLICATION IS APPROVED. and will comply with the provisions of Title 12, Article 46 or 47, C.R.S. Telephone Number CITY Local Licensing Authority for 33 '' SS c 33'z Li COUNTY Title Date signatures) tie Date Signre (attest) LAFAYETTE LOCAL LICENSING AUTHORITY, BOULDER COUNTY, COLORADO PRELIMINARY FINDINGS REGARDING A NEW/TRANSFER OF OWNERSHIP FOR A LIQUOR LICENSE APPLICANT: Damianov BG Inc. LICENSE TYPE: Retail License THE CITY OF LAFAYETI'E LOCAL LICENSING AUTHORITY, hereinafter referred to as 'the Authority", by and through the Mayor, to expedite the hearing on the application for a Retail Liquor License at 109 N. Public Road scheduled for the 2nd day of August 2011 hereby finds as initialed below: X 1. That the application and supporting documents have been accepted by the City Clerk's Office on the 1st day of July, 2011, and such documents appear to be complete and in order. __2(a). A background investigation by the Lafayette Police Department of the Applicant, officers, directors, shareholders, or partners have been found to not have/have (strike one) information of an adverse nature in their background OR 2(b). After an investigation by the Lafayette Police Department, there is insufficient information to determine the character, record and reputation of the Applicant, officer, directors, shareholders or partners. OR .2(c). The preliminary investigation by the Lafayette Police Department of the applicant, officers, directors, shareholders or partners have shown nothing of an adverse nature. Criminal history reports of the Colorado Bureau of Investigation (CBI) and Federal Bureau of Investigation (FBI) are still pending. .3. That pursuant to an investigation and posting of the premises, and publication in the newspaper, proper statutory notice by posting and publication has been given for the license. X 4. That all local and state fees have been paid. X5. That the necessary plans and specifications have been filed with the Authority, showing the interior and exterior of the building. X 6. That the sale of liquor as contemplated by the Applicant i not/is (strike one) in compliance with zoning code regulations or other applicable law of the relevant City, County or State. 7. That the sale of liquor as contemplated by the applicant ic not/is (strike one) in compliance with fire code regulations or other applicable law of the relevant City, County or State. PRELIMINARY FINDINGS PAGE 2 _8. That the sale of liquor as contemplated by the Applicant iG not/is (strike one) in compliance with building code regulations or other applicable law of the relevant City, County or State. X 9. That the proposed facility is not/is (strike one) located within 500 feet of any school, college, university, or seminary. (See attachments) X10. The applicant(s) has the legal capacity to apply for the license. _1 1. The applicant(s) has the legal capacity to engage in the licensed business. X12. That no license has been denied for this location within the last two (2) years for the reason that the reasonable requirements of the neighborhood and the desires of the adult inhabitants were satisfied by the existing outlets. X 13. That the applicant iG not/is (strike one), or will be entitled to possession of the premises for which application is made under a lease, rental agreement, or other arrangement for possession of the premises or by virtue of ownership thereof. Dated this kp day of v--'\- 2011. (Q Susan Barker, CMC Deputy City Clerk These Preliminary Findings have been provided to the applicant on ct.c 2011. These findings are issued pursuant to Section 12-47-137(1) C.R.S. and are subject to the revision based upon the final evidence adduced at or before the hearing on this license application. Attachment to Liquor Retail License or Fermented Malt Beverage License (Please type or print legibly) 1. Describe the nature of the proposed establishment and the target market (restaurant, tavern, sports bar, retail store) I r / -i?,UO( S*C)1( 2. What are the proposed hours and days of operation for this establishment? 3. How many individuals are expected to be employed? How many will be part-time vs. full time? (Please provide responsibilities, manager, assistant manager, bartender, wait-staff, etc.). OZ-4 iDA z' )(M4Lic q/) 7 . Lj Di.'t/i? ("fl,Hi9e) 4u// 4. What is yç past training and experience in the sale/service of alcohol beverages. Z5Jz? )f o'ei: * 1 Jq /oR;/..ict' A) i41ft11 hkK 1/" ' CI b) Descrile yourprating manager's training: /0 RE, 2RL(,'A1 tf)(ei 4- if f c 2 2,:A,-'' stMI( L-k c) What type of training is proposed for employees at this establishment? fl t-ç 6 E,tve /' cf d) What methods will be used to check identification for proper age of patrons? 5. Do you plan to have outdoor seating? Describe how the area will be enclosed and secured. (If you are in the Urban Renewal Area, check with the Community Development Director before addingto or changing any of the outside area). 6. Will the establishment be offering any type of entertainment? (music, pooi, darts, other coin-operated devices) fl / 7. What type of security, if any will be provided? 4 Cj ' c&'t oq ZiY/ plus +1, SvE , secLR:'/-. sSz1 w,k 3i wc 1 qiSo 8. What types of alternative beverages and food/snacks will be provided if your establishment is not a proposed Hotel & Restaurant License? 9. What is the estimated ratio of food sales to alcohol beverage sales at this establishment? if) &f C?T) > IL-'10 lU f, qIcv1(o1 5 -2911 Applicant Signature Date _ (1 J) 3j003 0 RECORD OF PROCEEDINGS CITY OF LAFAYETTE CITY COUNCIL WORKSHOP July 19, 2011 Call to Order The July 19, 2011, Council Workshop began at 5:34 p.m. in City Hall, at 1290 South Public Road, Lafayette, Colorado. Those in attendance included Mayor Frank Phillips, Mayor Pro Tem Jay Ruggeri and Councilors Carolyn Cutler, John Buechner, Pete d'Oronzio, Staci Lupberger, and Steve Kracha. Also present were Assistant City Administrator Phillip Patterson, Police Chief Rick Bashor, Assistant City Attorney Mary Lynn Benham and City Clerk Susan Koster. Domenico Farm / BVSD School Site Update Assistant City Administrator Patterson updated Council on the negotiations between the Domenico Family, Boulder Valley School District and the City of Lafayette for a potential BVSD school site in Lafayette. Charter Amendments – 2011 Election Council reviewed ballot questions, proposed for the 2011 election, and offered suggestions for wording. The revised questions will be presented in ordinance form, for first reading, on August 2, 2011. The workshop was adjourned at 6:45 p.m. ATTEST: CITY OF LAFAYETTE, COLORADO __________________________ _____________________________ Susan Koster, CMC Frank Phillips, Mayor City Clerk The minutes herein are a summary of the business conducted at this meeting, not a verbatim transcription. Only the actions taken and text appearing within quotation marks are verbatim. RECORD OF PROCEEDINGS CITY OF LAFAYETTE CITY COUNCIL MEETING July 19, 2011 Call to Order Mayor Frank Phillips called the July 19, 2011 regular City Council Meeting to order at 7:00 p.m. in the Council Chambers at 1290 South Public Road, Lafayette, Colorado. Those present and answering roll call were Mayor Frank Phillips, Mayor Pro Tem Jay Ruggeri and Councilors, John Buechner, Carolyn Cutler, Steve Kracha, Staci Lupberger and Pete d'Oronzio. Also present were City Administrator Gary Klaphake, Community Development Director Phillip Patterson, Police Chief Rick Bashor, Fire Chief Gerry Morrell; Recreation and Facilities Management Director Curt Cheesman; Cultural Resources Coordinator Susan Booker, Public Works Director Doug Short, Assistant City Attorney Mary Lynn Benham and City Clerk Susan Koster. Items From the Public The following people spoke in favor of the Celebrate Lafayette – Celebrate Kids event proposal: Michael Adams, 1500 Sagrimore Circle; Julie Piller, 301 E. Geneseo; Aaron Vouelsberb; 10300 South Boulder Road; and Ed Dowski, 307 E. Cleveland Street. They stressed the need to have a family event in Old Town and to raise money for the Centaurus Band to travel to a competition in New York City. Lafayette Liquor Licensing Authority City Clerk Koster presented an application for a new Arts License from Colorado Music Festival d/b/a Rocky Mountain Center for Musical Arts. She said the non-profit arts organization qualifies to obtain the license which permits the sale of malt, vinous and spirituous liquors in connection with musical performances. Ms. Koster summarized the results of a petition that was circulated to determine the reasonable requirements for the neighborhood and the desires of its inhabitants. She said the results support the need for the new license and the City Clerk staff recommends Authority approval. Mayor Phillips opened a public hearing at 7:15 p.m. and invited interested persons to come forward. Seeing no one, he closed the public hearing. Ethan Hecht, Chamber Music and Orchestra Manager, was available for Council questions. Lafayette City Council Minutes July 19, 2011 Page 2 A motion was made by Councilor Lupberger and seconded by Councilor Cutler to approve Resolution No. 2011-33 / Granting a New Arts License to Colorado Music Festival d/b/a Rocky Mountain Center for Musical Arts, 200 E. Baseline Road. The motion passed unanimously. Presentation / Life-Saving Award – LaMont Does Pool Staff Recreation & Facilities Management Director Cheesman described the circumstances of a near- drowning event at the Lamont Does Pool. Mayor Phillips presented Life-Saving Awards to LaMont Does Pool staff members Maureen Beasley, Megan Weir, Nikki Montoya, Mason McNutt, Scott Wilson, Tiphani Dittner, Heidi Kaeck, Courtney Bausch, Leah Haran, and Adam Nyberg. They were presented awards of excellence for displaying unusual attention to duty and performance of assigned functions and by the extraordinary team effort performed in resuscitating a drowning patient on June 12, 2011. Council Minutes A motion was made by Councilor Buechner and seconded by Mayor Pro Tem Ruggeri to approve the minutes of the Regular Meeting of July 5, 2011 as written. The motion passed unanimously. Consent Agenda Mayor Phillips read the Consent Agenda: D. Second Reading / Ordinance No. 26, Series 2011 / Rezoning the Baseline Commons Subdivision to B1/PUD / Community Service Business District-Planned Unit Development and RSR/PUD / Senior and Special Residential-Planned Unit Development E. Notice of Award / 2011 Lafayette Sidewalk Repair and Replacement / Lucero Concrete, Inc. F. Approval of Change Order No. 2 / 2011 Helios Station Water Line Replacement and System Improvements / MSI Excavating, Inc. G. Award of Contract / Bob Burger Recreation Center Gymnasium Floor Resurfacing / Rumsey Hardwood Flooring, Inc. H. Reschedule November 1, 2011 Council Meeting to November 7, 2011 / Election Night I. Purchase Orders & Purchase Order Amendments A motion was made by Councilor Lupberger and seconded by Mayor Pro Tem Ruggeri to approve the Consent Agenda. The motion passed unanimously. Proclamation "Supporting the 28th Annual National Night Out" Councilor Cutler read a proclamation supporting the "28th Annual National Night Out" on August 2, 2011. A motion was made by Councilor Cutler and seconded by Councilor d'Oronzio to adopt the proclamation as read. The motion passed unanimously. Council would like to start the meeting late on the 2nd so they may attend some of the National Night Out events. Appointment / Library Board A motion was made by Councilor Cutler and seconded by Councilor Lupberger to re-appoint Susan Kintzle to the Lafayette Library Board for a term of 3 years (until July, 2014). The motion passed unanimously. Lafayette City Council Minutes July 19, 2011 Page 3 Public Hearing / Amending Sign Code Regulations Community Development Director Patterson presented the first reading of Ordinance No. 27, Series 2011. He said it is necessary to amend the City's Sign Code to allow for electronic message signs as part of commercial signs; to allow for temporary off-premise free-standing signs advertising subdivision development; and to change the requirements for temporary commercial signs. Mayor Phillips opened a public hearing at 7:49 p.m. and invited interested persons to come forward. Seeing no one, he closed the hearing. A motion was made by Councilor Lupberger and seconded by Councilor Cutler to approve on first reading Ordinance No. 27, Series 2011 / Amending Section 26 of the Code of Ordinances as presented. A motion to amend the original motion was made by Councilor Lupberger and seconded by Mayor Pro Tem Ruggeri to amend the ordinance so that sign code amendments pertain only to temporary commercial signs and off–premise development signs, not to electronic message signs. A motion to amend the original motion was made by Councilor Cutler and seconded by Councilor Kracha to remove the half-mile restriction on off-premise signs for development. A vote was taken on Ms. Cutler's motion and it failed 6 to 1, with Councilor Cutler voting aye. A vote was taken on the amendment to remove language pertaining to electronic message boards and it passed unanimously. A motion to amend was made by Councilor Cutler and seconded by Councilor Kracha to change the allowable days for temporary signs from 30 days per quarter to 60 days per one-half year. A vote was taken on this amendment and it passed unanimously. A vote was taken on the original motion as amended and it passed unanimously. Public Hearing / Traditions at Lafayette Community Development Director Patterson presented Resolution No. 2011-34 / Establishing a Growth Management Priority Classification and Permit Allocation / Traditions at Lafayette. He said the resolution allocates permits for the senior apartment building development for the years 2011 and 2012. Mayor Phillips opened a public hearing at 8:26 p.m. and invited interested persons to speak. Seeing no one, he closed the hearing. Following discussion, a motion was made by Councilor Lupberger and seconded by Councilor Buechner to approve Resolution No. 2011-34 / Establishing a Growth Management Priority Classification and Permit Allocation for Traditions at Lafayette. The motion passed unanimously. Lafayette City Council Minutes July 19, 2011 Page 4 Ordinances Police Chief Bashor presented the first reading of Ordinance No. 28, 2011 / Amending the Municipal Code pertaining to Pedestrians on Roadways. He said the ordinance prohibits pedestrians from staying on the medians on any roadway for longer than is necessary to cross the road. He said prohibition is necessary for the public health, safety and welfare of pedestrians and drivers in Lafayette. A motion was made by Councilor Lupberger and seconded by Mayor Pro Tem Ruggeri to approve on first reading Ordinance No. 28, 2011 / Amending Article II of Chapter 115, Section 115-43 of the Municipal Code of Ordinances of the City of Lafayette pertaining to Pedestrians on Roadways. The motion passed unanimously. Community Development Director Patterson presented the first reading of Ordinance No. 29, Series 2011 / Authorizing the Issuance and Sale of Multi-Family Housing Revenue Bonds for the Traditions at Lafayette senior apartment development. He said this ordinance is necessary to establish the parameters for the bond issuance, set the maximum interest rate, the maturity date and authorizes the Mayor to execute all necessary bond documents. The ordinance also approves the form, terms and conditions of the agreements associated with the issuance. A public hearing will be held on second reading on August 2, 2011. Bond Counsel Fred Marienthal, from Kutak Rock, entertained Council questions. A motion was made by Councilor Lupberger and seconded by Councilor d'Oronzio to approve on first reading Ordinance No. 29, Series as presented. The motion passed unanimously. Public Works Department Report Public Works Director Short presented Resolution No. 2011-35 / Endorsing Aspects of the Boulder County Zero Waste Action Plan. He said the resolution adopts the Boulder County plan as a guiding document for local materials management operations, collaboration, budget decisions, and for outreach and actions within the community. Councilor Cutler asked to amend the 10th recital to read "Whereas, the City of Lafayette has declared its intent to pursue Zero Waste citywide through education, incentives, and public policy by adopting this Zero Waste Action Plan as a guiding document." A motion was made by Mayor Pro Tem Ruggeri and seconded by Councilor Cutler to approve Resolution No. 2011-35 as amended. The motion passed unanimously. Council discussed the Waste Reduction Advisory Committee recommendations pertaining to the Boulder County Zero Waste Action Plan. City Administrator Klaphake suggested that staff contact Home Owner Associations to let them know what is being contemplated and get their feedback. A motion was made by Mayor Pro Tem Ruggeri and seconded by Councilor Buechner to accept the Waste Reduction Advisory Committee Recommendations Pertaining to the Boulder County Lafayette City Council Minutes July 19, 2011 Page 5 Zero Waste Action Plan with the condition that staff contact the HOAs and solicit their input. The motion passed unanimously. Celebrate Lafayette – Celebrate Kids City Administrator Klaphake said Ted Lupberger has proposed a new special event called Celebrate Lafayette – Celebrate Kids. He said he met with Mayor Phillips, Councilor Cutler, Mr. Lupberger to discuss the proposal. Mr. Klaphake said staff recommends that the proposal be rejected due to lack of staff time, funds, and declining interest in the former Celebrate Lafayette. He suggested a direct donation to the Centaurus Band instead. A motion was made by Mayor Phillips and seconded by Councilor Buechner to appropriate $7,000 for the Centaurus Band to go to New York City and to forgo support for the Celebrate Lafayette event. Following discussion, a vote was taken and the motion was defeated 4 to 3, with Mayor Phillips and Councilors Buechner and Cutler voting aye. A motion was made by Mayor Pro Tem Ruggeri and seconded by Councilor d'Oronzio to donate up to $6,000 (or whatever is left in Council Contingency) to the Centaurus High School Band trip to New York City for the Veterans Day 10th Anniversary of September 11th and to support the proposed Celebrate Lafayette event as a City event. Mayor Phillips made a motion to amend that was seconded by Councilor Cutler to add a condition that the event coordinators do not solicit the major sponsors of other City events. The motion passed 5 to 2 with Mayor Pro Tem Ruggeri and Councilor Lupberger voting no. Adjournment to Executive Session At 9:31 p.m., a motion was made by Councilor d'Oronzio and seconded by Councilor Lupberger to adjourn to Executive Session according to C.R.S. 24-6-402(4)(a) for the purchase, acquisition, lease, transfer or sale of any real, personal, or other property interest pertaining to a property on Public Road. The motion passed unanimously. CITY OF LAFAYETTE, COLORADO Frank Phillips, Mayor ATTEST ____________________________ 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 text appearing within quotation marks are verbatim. COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT To: Gary Klaphake, City Administrator From: Phillip Patterson, Community Development Director Date: July 26, 2011 Subject: Release of Requirement for Permanently Affordable Dwelling Unit / 521 Homestead Street / Lafayette Farms East Subdivision Recommendation: Release Wonderland Homes of the Permanently Affordable dwelling unit requirement for 521 Homestead Street Background: On November 20, 2009, Wonderland Homes, the developer of the Lafayette Farms East subdivision (Anna's Farm) listed 521 Homestead Street with the City as a Permanently Affordable (PA) unit. At the time of the listing, the City's Community Housing Program (CHP) requirements stated that, in the case of the initial effort to sell a PA unit, when a bona fide effort to market the PA unit the builder is made during the 120-day period following the issuance of a certificate of occupancy (CO) and an eligible household has not been referred to the building by the City, then the unit may be sold without a PA deed restriction, except for a restriction ensuring owner occupancy for three (3) years after the sale to any household at a price not greater than the maximum sales prices allowed for a PA unit. A CO for this unit was issued on April 12, 2011. In January 2010, the CHP was amended to state that, in the case of an initial effort to sell a PA unit, when a bona fide effort to market the unit by the builder is made, and an eligible household has not been found or referred to the building by the City, then the unit may be sold without a PA deed restriction if the marketing period since the dwelling unit was listed with the City as being for-sale is a minimum of six (6) months and not less than 45-days after the final framing inspection, in which case the unit can be sold at a market rate price with no restrictions. This PA unit has been listed with the City as being for-sale for 19 months. During that time Wonderland Homes has marketed the unit, and Wonderland and the City have been unsuccessful in finding a qualified PA buyer. Since this unit was listed with the City two (2) months prior to the CHP amendments, it is required to comply with the 120-day after issuance of a CO limitation and officially can not be released until October 2011. However, if the unit had been listed with the City after January 19, 2010, then the unit could have become eligible for release from the PA requirement as early as July/August 2011 assuming that construction had begun shortly after the listing. In this case, construction of the unit began in June 2010 and the 6-month/45-day after framing inspection limitation would have allowed the unit to be released sometime around the first of 2011. Staff recommends allowing the release of the PA requirement for this unit with no restrictions finding that: 1) the builder has made a bona fide effort to market the unit as a PA unit; 2) the marketing period has exceeded 1.5 years; and 3) the current economic climate and the uncertainty of the current housing market makes the sale of a PA unit extremely difficult. Fiscal Impact: Staff is not aware of any budgetary impacts associated with the release of this PA unit. Attachments: Wonderland Homes letter, dated July 22, 2011 1290 S. Public Road, Lafayette, CO 80026 303-665-5588 303-665-2153 fax www.cityoflafayette.com Wonder/andliomes corn 86ox Turnpike Drive, Suite io6 Westminster, CO 80031 303-604-0004 • •••. . fax 303-604-9803 p I, 'ONDERLAND HOMES 1 July22,2011 Mr. Phillip Patterson City of Lafayette 1290 So. Public Road Lafayette, CO 80026 Re: 521 Homestead Street Lot 1, Block 8, Filing 3 at Anna's Farm Dear Phillip: The purpose of this letter is to request that the subject property e released from the Permanently Affordable deed restriction effective iriimediately and released for sale to any, qualified buyer without still under deed restriction. Th property'ii question isthe'.last of the deed restricted units in Anna's Farm (The the contràl of Wondôrland Homes and is 'one ofonly two homes in the community left to be sold. home other is a single family echedhome at 15 l2Cottonood Avenueyhich is the finalsingle family built on the lots re-platted from the originally prop'ose:d. row home prQduct1) . ,.. It is our belief that, in good faith, we have met and exceeded all reasonable efforts to sell this particular in home under the PAHU deed restriction. Market conditions have continued to decline, forcing buyers in 2010 virtually every price range to the sidelines; Anna's Farm produced only eight net new home sales and only six to date in 2011. This certainly accounts for the absence of activity among potential PAHU to buyers. While the buyers sit out the uncertainty of the housing market, Wonderland I-tomes struggles capitalize on every legitimate opportunity to sell homes. k date. As to the status of this home as a PAHU, the foilowrng information summarizes marketing efforts on • It appeared on the Exhibit A as a PAHU not later than the version approved by Council 11/8/06. sales • We released this unit (and the adjoining non-deed restricted larger half ofthe duplex) to our staff on May 22, 2009 with the designation of PAHU. and the • The City of Lafayette CHP Listing Form was completed on or about November 20. 2009, form together with the requisite listing fee was submitted to the City at that time. The home was • originally listed at a price of $219,315 which was the allowable price for a 2-bedroom PAHU. Note that 11w prici. has been reduced several limes ard is cu1 enh' shown on thL \Vün iei land . tb s Hoin s vh site ac a'aiiab1e at a price of $ 109,7 0 which, according to current MI S data foi - . . r , same p1 in is the lowest price unit hctcd - — '. • ( on ii iicn commenced on June 3 2010 ' • The home was completed onSeptemher 29, 2010; however, in,aniove to conserve cash, the Certificate of Occupancy was deferred until April 12, 2011 • Immediately upon issuance of the Certificate of Occupancy, the unit was staged' with furnishings to enhance the marketing of the home by presenting it much like a finished model. • The home has been exclusively marketed as a PAHU for the entire duration of the time since it was released for sale. Those marketing effhrts include the lHowing: o On-site sales price sheet bearing both a reference to aid a [ink tbr the Lafayette Community Rousing Program. ? Advertised with approximately twelve different on-line sources, all of whom pick up Wonderland's website inventory on a daily basis. o A monthly community email newsletter in which available homes and inventory were advertised. o Bi-monthly emails to all brokers who are on our distribution list in which we list all available homes. o Until May 1, 2011 Wonderland also used various print advertising including monthly ads in Realtor Association publications in which this property was routinely featured. These print ads were discontinued when our staffing changed and the homes were IlsEed wfth an agent as described below. As of April 29, 011 our former on-site Sales Consultant resigned to pursue personal interests. At that time, Wonderland had eight unsold properties including the subject property and the previously mentioned Single family home. The decision was made to list the properties with a broker to ensure continuity of the marketing effort. To date that decision has produced ,fbur sales; market activity, including interest (or lack thereof) in the subject property is summarized, below. • Since the May l listing date of the remaining homes in Anna's Farm the listing agent has reported eight (8) showings of 521 Homestead Street. Only one of those parties seemed to be .el'igible under PAH.J guidelines, but that party was determined to be unqualified for a mortgage du to excessive personal debt. The home 'ii'question has now been offered for sale under PAHU/CHP guidelines for more than two years with ttb serious indication of interest from an prospective eligible buyer. it has been completed and available for viewing and inspection to any interested buyer for approximately ten months. • Between January, 2010 and the closing of our on-siteoffice as of April 29, 2011 we registered a total of one hntidred-forty one (141) visitors to the Wonderland sales office a scant few indicated interest in homes in the PAHIJ program Anyone who indicated even remote inleiest vas given copies of the ( HP Guidelines and referred to the C ty for further intormation o Upon subsequent conv.rsations with those prospe. tiv buyei s some indicated an a 'r inn f tllf' P' I-li il91! 'n' an I ne lirwrl ro rop.wr d I 1 rurchse esiricted o Some of the p ospectc 10 whom we spoke were found o be incligible either because their incomes exceeded the guidelines or their personal fininLial situalions would exclude from eligibility for a mortgage. o Two applied to the City for Certificates of Eligibility' which were issued after completion of all requirements. One (Peterson) contracted for a PAHIJ hut uiaulted on the (onti act on the day of the schedu,led closing. The second (Shrestha) contracted for the PAuL on which the former buyer defaulted and closed more than three months later. This summary otaclivity durui the period January 2C.l 0 through April 201 indicates the relative seareity of iftcrcsied and eligible househoids, hut it also a .J icates Wod.e'laads coirnitnient. to mcci the CHP goals so long as it v,'us reasonably possible to do so. I Given that we have offered this home as a PAHU starting even before the official sales release date, it is evident that we have made a "bona fide" efIhrt to sell the tmit. However, we have not limited our marketing/sales attempt to reliance on the static availability of this home as PAF-14i. As our commitment to marketing at the outset of our sales efforts at Anna's Farm outlined, we have been actively promoting and advertising the entire community to include the CHP units. Every ad that we have published, every 4 - Anna's Farm promotion that we undertook and our website all contain the following: "Ask about homes available for eligible buyers under the City of Lafayette Permanently Affordable Program." In addition to that, the landing page for Anna's Farm (which was pulled down only after our on-site presence ended) on the Wonderland website included a link directly to 'the City of Lafayette Community HousIng Information page. Releasing this home from the deed restriction of the Permanently Affordable designation opens up the possibility of closing a sale with an interested (but not PA eligible) buyer. I request a prompt confirmation of the release this property from the PAHU deed restrici ion. Respectfully, ES J 7 WQ M M CI-IAEL R. HART • Vice President, Sales and Marketing I I • :1 4 4 • 4 S. I I' -i. ORDINANCE NO. 27, SERIES 2011 INTRODUCED BY: Councilor Lupberger AN ORDINANCE AMENDING CHAPTER 26, DEVELOPMENT AND ZONING, OF THE CODE OF ORDINANCES OF LAFAYETTE, COLORADO, BY AMENDING SECTIONS 26-8.1 and 26-21 PERTAINING TO THE REGULATION OF SIGNAGE. WHEREAS, the Planning Commission held a public hearing on the proposed amendments to Chapter 26 of the Code of Ordinances on June 28, 2011 regarding the regulation of signs within the City limits; and WHEREAS, after studying the proposed amendments to Chapter 26 of the Code of Ordinances the Planning Commission recommended that City Council enact certain amendments to the Code of Ordinances; and WHEREAS, the City Council held a public hearing on July 19, 2011 in conformance with the Code of Ordinances regarding proposed changes to the City's sign regulations; and WHEREAS, the City Council, after considering the Planning Commission recommendations and hearing public testimony, desires to amend the City's signage regulations. NOW, THEREFORE, THE CITY OF LAFAYETTE ORDAINS: SECTION 1. That Section 26-8.1 of Chapter 26, Development and Zoning, of the Code of Ordinances of the City of Lafayette, Colorado, is hereby amended to amend the definition of Free-standing sign, found under the Sign definition, to read as follows: 5. Free-standing sign means a non-temporary sign that is supported by one (1) or more columns, upright poles or braces extended from the ground or from an object on the ground or that is erected on the ground, where no part of the sign is attached to any part of a building, structure, or other sign; the term includes pole signs, pedestal signs and ground signs. SECTION 2. That Section 26-21-16(a) of Chapter 26, Development and Zoning, of the Code of Ordinances of the City of Lafayette, Colorado, is hereby amended to read as follows: (a) Signs advertising subdivision, development, construction or other improvement of a property in any zoning district are permitted only if they are: (i) Limited to free-standing, wall or window signs not exceeding sixty-four (64) square feet in total area or thirty-two (32) square feet per face and not exceeding eight (8) feet in height, with no riders or attachments. City of Lafayette Ordinance No. 27, Series 2011 Page 2 (ii) On-premise sign: An on-premise sign may be displayed on the property to which the sign pertains, up to one (1) such sign per street upon which the property either has frontage or has an entrance from a major thoroughfare, but the minimum distance between signs on any single subdivision or property is one thousand (1,000) feet. (iii) Off-premise sign: A permit may be issued for a temporary off-premise free-standing sign advertising subdivision, development, construction, or other property improvement projects to be placed at a major intersection located at a distance no greater than one-half (1/2) mile from the referenced location. The permit may be issued upon a finding by the planning director that (1) the signage placed within the development / subdivision project cannot be reasonably viewed from a major thoroughfare, and (2) the signage will not impede or otherwise interfere with vehicular or pedestrian traffic. The permit for a temporary off- premises sign shall state the approved duration thereof, and shall not exceed one (1) year, subject to renewal by the City. The sign shall be limited to the promotion of residential and commercial subdivision developments that have received final plan approval within 24 months of the permit application, and shall not be deemed appropriate for individual commercial businesses. No more than two (2) temporary off-premises signs shall be allowed per development, only one (1) of which may be permitted at any intersection. A maximum of two (2) temporary off-premise signs may be permitted at the same intersection corner. No permit shall be issued for a temporary off-premises sign within the City without the applicant providing the City with proof of permission from the property owner where such temporary off-premises sign is proposed to be located. Off-premise signs shall be setback from the street right-of-way a minimum of twenty-five (25) feet. (iv) In the case of a subdivision, displayed on or after the date of official filing of the subdivision plat and removed within two (2) years from the date of issuance of the first building permit in the project or within thirty (30) days from the time that seventy-five (75) percent of the lots or dwellings in the subdivision or filing thereof have been sold, whichever time period is shorter, or removed pursuant to time extensions granted by the city council. (v) In the case of construction other than a subdivision, displayed only for the duration of construction until issuance of a certification of occupancy. (vi) In residential developments consisting of five (5) dwelling units or less, no more than six (6) square feet per face for each dwelling unit being constructed. (vii) In the case of a model home sign identifying each different model, limited to an area not exceeding six (6) square feet and no more than one (1) such sign on each lot upon which a model home is located and removed at the time the unit ceases to be a model home. City of Lafayette Ordinance No. 27, Series 2011 Page 3 (viii) In the case of an open house sign which is displayed for the purpose of advising the general public that a particular residential home may be viewed for the purpose of sale, the following shall apply: the total sign area of a real estate open house sign shall not exceed one (1) square foot per face; and, no more than five (5) off-premises open house signs may be placed in conjunction with an open house. Such signs shall be placed for a time period not to exceed two (2) eight- hour periods in any two week period. This subsection is not applicable and shall not apply to a subdivision being developed, model homes within a new subdivision, or to more than one (1) residential home under the same ownership. SECTION 3. That Section 26-21-16(e) of Chapter 26, Development and Zoning, of the Code of Ordinances of the City of Lafayette, Colorado, is hereby amended to read as follows: (e) Temporary signs not specifically regulated by this section are permitted as follows: (i) Any business may display one (1) or more temporary signs on the lot or tract of land on which the business is located, provided that the total temporary signage may not exceed thirty (30) square feet in the aggregate. Such temporary signs may be window signs, wall signs, not more than one (1) free-standing sign, or any combination thereof. (ii) A business or businesses at a single business mailing address shall not display temporary signs for more than sixty (60) days during the first half of each calendar year and sixty (60) dyas during the second half of each calendar year. (iii) The planning director must approve a permit for temporary signage prior to the placement of any temporary sign on a lot or tract. 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 City of Lafayette Ordinance No. 27, Series 2011 Page 4 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. Violations of this ordinance shall be punishable in accordance with Section 1.10 of the Municipal Code of the City of Lafayette, Colorado. SECTION 9. This ordinance shall become effective upon the latter of the 10th day following enactment, or the day following the final publication of the ordinance. INTRODUCED, PASSED ON FIRST READING AND PUBLIC NOTICE ORDERED THIS 19TH DAY OF JULY, 2011. PASSED ON SECOND AND FINAL READING AND PUBLIC NOTICE ORDERED THIS 2ND DAY OF AUGUST, 2011. ATTEST CITY OF LAFAYETTE Susan Koster, CMC, City Clerk Frank Phillips, Mayor APPROVED AS TO FORM: David S. Williamson, City Attorney PUBLISHED: PUBLIC WORKS STAFF REPORT To: Gary Klaphake, City Administrator From: Douglas Short, P.E., Public Works Director Date: July 26, 2011 Subject: Approval of Contract / Stormwater Coordinator / CP Compliance LLC Recommendation: Approval of Contract with CP Compliance LLC for Stormwater Coordinator services from August 2011 to December 2012 for a cost of $35,014. Background: All urban areas in the United States are under the National Pollution Discharge Elimination System (NPDES). The NDPES is the portion of the Clean Water Act that addresses problems associated specifically with industrial and urban stormwater discharges. The EPA has granted the authority for enforcing and administering NPDES requirement in Colorado to the State Department of Public Health and Environment (CDPHE). The Phase II cities (population of less than 100,000) began their permit in March of 2003 and every five years must apply to CDPHE for a new five year permit that has specific goals to achieve and Best Management Practices that developers and the City facilities must comply. During the first permit cycle (3/2003 to 3/2008) the Public Works Department created an internal committee to administer and coordinate our NPDES Permit as approved by CDPHE and created a Stormwater Enterprise Fund as a funding mechanism to continue building Lafayette's flood control projects and fund the requirements of the NPDES permit. During the second permit phase (3/2008 to 3/2013) CDPHE has placed more requirements on Colorado permities, as dictated by EPA, in regards to field inspections, documentation, more involved goals and reporting requirements. Most cities and towns in Colorado have hired new staff that only focuses on Stormwater issues, enforcement, administration, etc. The Public Works Department still maintained its internal Stormwater committee of six individuals to administer and coordinate our activities in this area. However, we have found it increasingly difficult with current work loads and staff to keep abreast of all the requirements, meetings and documentation that is required to maintain our current NPDES permit. Our deficiencies were pointed out last year with a surprise field inspection by CDPHE which exposed our many weaknesses. From that inspection and feedback from CDPHE, we asked Council to completely revise our Stormwater Quality regulations and rules in March of this year. In January of this year, we asked Council permission to join a Boulder County group called "Keep It Clean Program" which would help us keep abreast and respond to ever changing regulatory requirements in the NPDES arena and a cost effective 1290 S. Public Road Lafayette, CO 80026 303-665-5588 303-665-2153 fax www.cityoflafayette.com Water Supply • Water Treatment • Water Distribution • Street Improvement & Maintenance • Engineering Traffic Control • Fleet Maintenance • Storm Water Drainage • Wastewater Collection • Water Reclamation way to join in the other Boulder County cities on education programs, outreach to industrial/commercial stormwater dischargers, inspections of municipal operations, etc. Despite all of these efforts, after performing a self audit earlier this year in preparation for a real, binding CDPHE audit some time in the not so distant future, as strongly suggested by CDPHE, the Public Works internal committee is still struggling to maintain the proper documentation, coordination and administration duties that are required by our NPDES Permit. After discussing this issue with the City Administrator, it was determined that the best course of action was to develop a Request For Proposals for Stormwater Coordination Services in an attempt to hire a contractor with the appropriate experience to administer, coordinate and lead Lafayette's internal Stormwater Committee and our NPDES Permit. We solicited bids from various consultants and individuals and CP Compliance LLC had the best experience and proposal that met Lafayette's needs. Carrie Powers, the owner of CP Compliance out of Castle Rock, has a proposal that will get Lafayette to the end of 2012 in our Permit. Assuming that every thing goes well, I will be asking for another contract approval with her firm towards the end of 2012 to guide Lafayette thru the next five year permit cycle. Fiscal Impact: The funds for this Coordinator position will come from Stormwater Fund, Administration, Professional Services, 41-401-8150 which is funded at $80,000. Attachments: None 1290 S. Public Road Lafayette, CO 80026 303-665-5588 303-665-2153 fax www.cityoflafayette.com RECREATION & FACILITY MANAGEMENT National Gold Medal Award Winner STAFF REPORT To: Gary Klaphake, City Administrator From: Curt Cheesman, Director of Recreation & Facility Management Date: August 2nd, 2011 Subject: Award of Contract / Library Fire Alarm Panel / Integrated Safety Services, LLC Recommendation: The award of contract to Integrated Safety Services, LLC. in the amount of $17,736 for the installation of a new Fire Alarm System at the Lafayette Library. Background: The current fire alarm detection system at the Library has reached the end of its lifespan. The panel cannot acknowledge alarms on the main panel, and currently uses the secondary, less reliable panel. As the Library is a public access facility the proper functioning of up to date fire detection equipment is critical. Integrated Safety Services proposal includes like for like replacement of all outdated equipment, including: control panel, smoke detectors, pull stations, power supply, horn/strobes, etc. Fiscal Impact: This project was approved in the 2011 budget and will have cost of $17,736 will be applied to account 30-555-9690 leaving a balance remaining of $26,968. Attachments: None. City of Lafayette • Department of Recreation and Facility Management 111 W. Baseline Road Lafayette, CO 80026 • Phone 303-665-0469 • Fax 303-665-0987 RECREATION & FACILITY MANAGEMENT National Gold Medal Award Winner STAFF REPORT To: Gary Klaphake, City Administrator From: Curt Cheesman, Director of Recreation & Facility Management Date: August 2nd, 2011 Subject: Award of Contract / Aquatics Renovation / Silver Contracting Recommendation: The award of contract to Silver Contracting in the amount of $23,620, for the aquatics renovation area at the Bob Burger Recreation Center. Background: In 2009 the Bob Burger Recreation Center underwent a significant renovation & expansion project with the primary purpose of installing 2 new family changing cabanas. In order to accomplish this goal, the existing aquatics offices were relocated to the expanded southeast corner of the natatorium. The design of these expanded areas does not take full advantage of the amount of space available. The reconfiguration of this space will create a much needed conference/meeting room to accommodate department staff meetings/trainings; as well as improve pool safety and operations by moving full & part-time aquatics staff directly up against the pool windows and giving them direct lines of sight into the pool areas. This small but critical improvement project will include removal and relocation of one non-load bearing glass wall, construction of one new lifeguard office wall, minor mechanical changes, and finishes. Project costs will be applied to remaining balance of recreation center bond money which can only be utilized for outstanding renovation / addition expenses. Lafayette based Silver Contracting's bid of $23, 620 is favorable based on cost, scope of work and history of quality project delivery within the City of Lafayette. Fiscal Impact: Total project cost of $$23,620 and will be applied to account 01-555-9522 leaving a balance remaining of $11,233. Attachments: None. City of Lafayette • Department of Recreation and Facility Management 111 W. Baseline Road Lafayette, CO 80026 • Phone 303-665-0469 • Fax 303-665-0987 Finance Expenditures For Approval August 2, 2011 None at this time 1290 S. Public Road Lafayette, CO 80026 303-665-5588 303-665-2153 fax www.cityoflafayette.com STAFF REPORT To: Gary Klaphake, City Administrator From: Michael Adams, Chair, Lafayette Cultural Arts Commission Date: July 27, 2011 Subject: Appointments/Public Art Committee Recommendation: The Lafayette Cultural Arts Commission recommends the re-appointment of Matthew Doubek, Rachel Hanson, and Pamela Sherrick to the Public Art Committee, each for a three year term. Background: The Lafayette Cultural Arts Commission (LCAC) recommends the reappointment of Matthew Doubek, Rachel Hanson, and Pamela Sherrick to the Public Art Committee (PAC), each for a three year term. Because these board members have been very active in the work of the PAC, their commitment expertise and experience with the public art program is highly valued. The PAC has unanimously requested that LCAC reappoint these three people for another term of service. Matthew Doubek – August 2011 – July 2014 Rachel Hanson – August 2011 – July 2014 Pamela Sherrick – August 2011 – July 2014 Fiscal Impact: None Attachments: None 775 W Baseline Rd Lafayette CO 80026 303-665-5222 www.cityoflafayette.com/culturalarts COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT To: Gary Klaphake, City Administrator From: Phillip Patterson, Community Development Director Date: July 26, 2011 Subject: Second Reading / Ordinance No. 29, Series 2011 / Authorizing the Issuance and Sale of Multi-Family Housing Revenue Bonds for the Traditions at Lafayette development. Recommendation: Approval of Ordinance No. 29, Series 2011 authorizing the issuance and sale of multi-family housing revenue bonds for the Traditions at Lafayette development in an amount not to exceed $14,000,000. Background: On July 19, 2010 Council approved the first reading of Ordinance No. 29, Series 2011. Prior to the second reading of this Ordinance, the City is required by the Tax, Equity and Fiscal Responsibility Act (TEFRA) to hold a public hearing to allow the public an opportunity to comment about the financing for the Traditions at Lafayette development. Once this public hearing is conducted, the Ordinance can be approved. Upon the effective date of the Ordinance, the bond documents can be executed. Ordinance No. 29, Series 2011 establishes the parameters for the final bond issuance, the maximum interest rate, the maturity date and authorizes the Mayor to execute all necessary bond documents. In addition, the Ordinance approves the form, terms and conditions of the Financing Agreement, the Indenture, the Regulatory Agreement, the Bond Purchase Agreement and the Bonds. City staff, the City Attorney, and the City's bond counsel have reviewed these referenced documents and recommend approval of the Ordinance. This bond issuance is for a total of $13,000,000 in Private Activity Bonds (PAB). The issuance includes $1,244,500 from the City's 2011 PAB cap, $9,492,720 from the Colorado Department of Local Affairs 2011 statewide PAB cap, and $2,262,780 from the City's 2009 and 2010 PAB cap that was previously assigned to the Colorado Housing and Finance Authority. The issuance of these multi-family housing revenue bonds does not constitute a debt on behalf of the City, nor does it impact the City's credit rating. In this instance the City acts only as a conduit issuer for the bonds. The liability for repayment of the bonds lies solely with the borrower. Fiscal Impact: All expenses incurred by the City as part of the process of issuing the bonds, such as the hiring of bond counsel, will be reimbursed by the developer/borrower. Attachments: Ordinance No. 29, Series 2011 1290 S. Public Road, Lafayette, CO 80026 303-665-5588 303-665-2153 fax www.cityoflafayette.com ORDINANCE NO. 29, SERIES 2011 INTRODUCED BY: COUNCILOR LUPBERGER AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF THE CITY OF LAFAYETTE, COLORADO MULTIFAMILY HOUSING REVENUE BONDS (THE TRADITIONS AT LAFAYETTE PROJECT) SERIES 2011 IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $14,000,000, TO FINANCE THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF A MULTIFAMILY HOUSING PROJECT FOR THE TRADITIONS AT LAFAYETTE, LLC; RATIFYING CERTAIN ACTION HERETOFORE TAKEN; ACKNOWLEDGING THE USE OF A PRELIMINARY AND FINAL OFFICIAL STATEMENT; AUTHORIZING THE EXECUTION AND DELIVERY BY THE CITY OF A TRUST INDENTURE, FINANCING AGREEMENT, BOND PURCHASE AGREEMENT, TAX REGULATORY AGREEMENT, SUCH BONDS AND ANCILLARY AGREEMENTS, INSTRUMENTS AND CLOSING DOCUMENTS IN CONNECTION THEREWITH; MAKING DETERMINATIONS AS TO THE SUFFICIENCY OF REVENUES AND AS TO OTHER MATTERS RELATED TO THE PROJECT; AND REPEALING OR SUPERSEDING ACTION HERETOFORE TAKEN IN CONFLICT HEREWITH. WHEREAS, the City of Lafayette, Colorado (the "City") is authorized by the County and Municipality Development Revenue Bond Act, constituting Sections 29-3-101 through 29-3-123, inclusive, Colorado Revised Statutes, as amended (the "Act") and the Supplemental Public Securities Act, constituting Part 2, Article 57 of Title 11, Colorado Revise Statutes, as amended (the "Supplemental Act"), to finance one or more projects, including any land, building or other improvement, and all real and personal properties, whether or not in existence, which shall be suitable for residential facilities for low- and middle-income families or persons and intended for use as the sole place of residence by the owners or intended occupants to the end that more adequate residential housing facilities for low- and middle-income families and persons may be provided, which promote the public health, welfare, safety, convenience and prosperity; and WHEREAS, the Act authorizes the City (i) to issue its revenue bonds for the purpose of defraying the cost of financing or refinancing any residential project and all incidental expenses incurred in connection with the issuance of such bonds; (ii) to enter into financing agreements with others for the purpose of providing revenues to pay the bonds authorized to be issued under the Act and upon such terms and conditions as the City Council of the City may deem advisable; and (iii) to secure the payment of the principal or purchase price of, premium, if any, and interest on such bonds as provided in the Act; and WHEREAS, the Traditions at Lafayette, LLC, a Washington limited liability company (including any affiliate or subsidiary thereof organized to serve as the owner of the hereinafter defined Project, the "Owner") has presented to the City a proposal whereby the City will pursuant to the Act and the Supplemental Act, finance the cost of a multifamily housing project (the "Project"), which Project will be located within the City, will be owned by the Owner and will consist of a multifamily housing facility and land upon which such facility will be located; and WHEREAS, the Project will be known as The Traditions at Lafayette, will be a 120-unit senior-oriented multifamily rental apartment project to be located on approximately five acres of land at 850 West Baseline Road in Lafayette, Colorado; and 4816-8632-1673.2 City of Lafayette Ordinance No. 29, Series 2011 Page 2 WHEREAS, on June 7, 2011 the City Council of the City adopted a resolution expressing willingness to issue bonds to finance the Project; and WHEREAS, the City has determined that it is advisable and in the best interests of the City to issue its Multifamily Housing Revenue Bonds (The Traditions at Lafayette Project) Series 2011 in one or more series or subseries in an aggregate principal amount not to exceed $14,000,000 (the "Series 2011 Bonds"), to sell and deliver the Bonds to Citigroup Global Markets Inc., the underwriter of the Bonds (the "Underwriter") by negotiated sale, which will better serve the public interest, and to provide financing to the Owner for the Project pursuant to the terms of a Financing Agreement further described below; and WHEREAS, in order to finance the Project, the City will loan the proceeds of the Bonds to the Owner (the "Loan"); and WHEREAS, the City will execute (i) a Financing Agreement (the "Financing Agreement"), by and among the City, the Owner and the commercial bank or financial institution serving as trustee under the hereinafter defined Indenture (the "Trustee"); (ii) a Trust Indenture (the "Indenture"), by and between the City and the Trustee; (iii) a Tax Regulatory Agreement (the "Regulatory Agreement"), by and among the City, the Trustee and the Owner; and (iv) a Bond Purchase Agreement (the "Bond Purchase Agreement"), by and among the City, the Owner and the Underwriter; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO: Section 1. All action (not inconsistent with the provisions of this ordinance) heretofore taken by the City Council and the officers of the City directed toward the financing of the Project and the issuance and sale of the Bonds therefor be, and the same is hereby, ratified, approved and confirmed. Section 2. The City is hereby authorized to finance the Project, subject to the terms of the Financing Agreement and the Indenture, by the issuance, sale and delivery of the Bonds to obtain funds to fund the Loan to the Owner in order to provide financing to the Owner for the Project. Section 3. To defray the cost of financing the acquisition and construction of the Project, there is hereby authorized and created a series of revenue bonds designated "City of Lafayette, Colorado Multifamily Housing Revenue Bonds (The Traditions at Lafayette Project) Series 2011" in an aggregate principal amount not to exceed $14,000,000. The Bonds may be issued in one or more series or subseries as set forth in the Indenture. The Bonds shall be issued as fully registered bonds without coupons in the denominations authorized by the Indenture. The Bonds shall be dated, shall be payable, shall bear interest, shall mature, shall be subject to redemption prior to maturity, shall be subject to tender and remarketing and shall be in substantially the form as set forth in the Indenture. Pursuant to the Bond Purchase Agreement, the Bonds shall be purchased by the Underwriter at a purchase price not less than 100% of the par amount of the Bonds. The Underwriter shall be compensated pursuant to the terms of the Bond Purchase Agreement. The 4816-8632-1673.2 City of Lafayette Ordinance No. 29, Series 2011 Page 3 Bonds shall mature no later than August 1, 2051. The maximum net effective interest rate on the Bonds shall not exceed 18% per annum. The Bonds are being issued by the City pursuant to the Act and the Supplemental Act. Section 11-57-204 of the Supplemental Act provides that a public entity, including the City, may elect in an act of issuance to apply all or any of the provisions of the Supplemental Act. The Council hereby elects to apply all of the provisions of the Supplemental Act to the Bonds. Section 4. Pursuant to Section 29-3-103(10)(d) of the Act, the City Council of the City hereby finds and determines that for purposes of multifamily rental housing projects such as the Project, "low- and middle-income persons and families" means and includes any person whose adjusted gross income, together with the adjusted gross income of all persons who intend to reside with such person in one dwelling unit, did not for the taxable year immediately preceding their initial occupancy of such dwelling unit, exceed an amount equal to 50% of the median gross income for the Boulder Metropolitan Statistical Area ("BMSA"), as the maximum income for "low- and middle-income persons and families" within the meaning of the Act, and that such persons and families lack the financial ability to pay rentals sufficient to induce private enterprise in the City to build a sufficient supply of adequate, safe and sanitary dwellings without the special assistance afforded by the Act. At least 20% of the Project's units will be occupied by persons whose adjusted gross income, together with the adjusted gross income of all persons who intend to reside with such person in one dwelling unit, did not for the taxable year immediately preceding their initial occupancy of such dwelling unit, exceed 50% of such median gross income for the BMSA. Section 5. The following determinations and findings are hereby made in accordance with Sections 29-3-113, 29-3-114 and 29-3-120 of the Act: (a) the maximum amount necessary in each year to pay the principal of and the interest on the Bonds shall be as set forth in the Financing Agreement and the Indenture; (b) the Underwriter of the Bonds and the credit enhancer and liquidity provider of the Bonds have determined and informed the City that, other than the funds and accounts established under the Indenture, it is not necessary to establish any debt service reserve funds for the Bonds; (c) the terms under which the Project is to be financed provide that the Owner shall maintain the Project in good repair and carry all proper insurance with respect thereto; (d) the revenues payable under the financing documents with respect to the Bonds and the Project (the "Revenues") are sufficient to pay, in addition to all other requirements of such financing documents and this ordinance, all sums referred to in paragraphs (a), (b) and (c) of this Section; and (e) pursuant to Section 29-3-120 of the Act, the financing documents with respect to the Project require the Owner to pay all taxes due, if any, with respect to the Project, to the State of Colorado, to Boulder County, Colorado, to the City, and to the school district and all 4816-8632-1673.2 City of Lafayette Ordinance No. 29, Series 2011 Page 4 other political subdivisions and public bodies corporate wherein the Project is located, authorized to levy taxes. Section 6. The forms, terms and provisions of the Financing Agreement, the Indenture, the Regulatory Agreement and the Bond Purchase Agreement are hereby approved and the City is authorized to enter into the Financing Agreement, the Indenture, the Regulatory Agreement and the Bond Purchase Agreement. The Mayor of the City is hereby authorized to execute and deliver the Financing Agreement, the Indenture, the Regulatory Agreement and the Bond Purchase Agreement and the City Clerk is hereby authorized to affix the City seal to and to attest the Financing Agreement, the Indenture, the Regulatory Agreement and the Bond Purchase Agreement. Section 7. The City acknowledges the use by the Underwriter of a Preliminary Official Statement in connection with the offer and sale of the Bonds. The City also acknowledges the use by the Underwriter in connection with the sale of the Bonds of a final Official Statement (the "Official Statement") to be prepared by the Underwriter and to be substantially in the form of the Preliminary Official Statement but containing such amendments as may be deemed appropriate by the Underwriter. Other than the information with respect to the City contained under the captions "The Issuer" and "Absence of Litigation Affecting the Bonds—The Issuer," the City has not participated in the preparation of the Preliminary Official Statement or the final Official Statement, has not made any independent investigation of the information contained in the Preliminary Official Statement or the final Official Statement, and makes no representation or warranty as to, and has no responsibility for, the accuracy or completeness of the information contained in the Preliminary Official Statement or the Official Statement. The City shall have no liability in connection with the contents or use of the Preliminary Official Statement, the final Official Statement, or any other offering materials relating to the Bonds. Section 8. The form, terms and provisions of the Bonds substantially in the form contained in the Indenture, are hereby approved; and the Mayor of the City is hereby authorized to execute the Bonds and the City Clerk is hereby authorized to affix the seal of the City to the Bonds and to attest the Bonds. The signatures of the Mayor and the City Clerk on the Bonds and the seal of the City on the Bonds shall be affixed manually or by facsimile. Section 9. The Mayor is hereby authorized to execute and deliver to the Trustee the written order of the City for the authentication and delivery of the Bonds by the Trustee, in accordance with the Indenture. Section 10. The City hereby approves the commercial bank or financial institution appointed to serve as Trustee under the Indenture. Section 11. The officers of the City are authorized to take all action in conformity with the Act, the Supplemental Act and the City's home rule charter (the "Charter") necessary or reasonably required to effectuate the issuance of the Bonds and are authorized to take all action in conformity with the Act, the Supplemental Act, the Charter and the Colorado Private Activity Bond Ceiling Allocation Act, constituting Sections 24-32-1701, et seq., Colorado Revised Statutes, as amended, necessary or 4816-8632-1673.2 City of Lafayette Ordinance No. 29, Series 2011 Page 5 desirable to finance the Project and for carrying out, giving effect to and consummating the transactions contemplated by this ordinance and the Financing Agreement, the Indenture, the Regulatory Agreement and the Bond Purchase Agreement, including, without limitation, the execution and delivery of any ancillary agreements or other instruments or closing documents to be delivered in connection with the sale and delivery of the Bonds, including, without limitation, the execution of any agreements or certificates pertaining to the private activity bond volume cap allocation that is required for the issuance of the Bonds. Section 12. The authorizations and approvals given to the various agreements, documents, certificates and other instruments referred to above includes such completion or modifications thereof, deletions therefrom and additions thereto, not inconsistent with the intent of this ordinance, as may be deemed necessary or appropriate by the City officers authorized to execute such instruments. In the absence, unavailability or disability of the Mayor, City Clerk or other City officer, any agreement, document, certificate or other instrument authorized by this ordinance, or necessary or appropriate to the transactions contemplated by this ordinance, may be executed, attested, otherwise signed and delivered by the Mayor Pro Tem, any deputy or assistant City Clerk, or any deputy or assistant of such other City officer, as the case may be. Section 13. The cost of financing the Project will only be paid out of the proceeds of the Bonds, other moneys of the Owner or Revenues. In executing, delivering or entering into any document, agreement or other instrument authorized by this ordinance, the City shall not be obligated except to the extent provided in such instrument with respect to the application of Revenues and proceeds of the Bonds. The Owner (or related persons or entities) shall pay or reimburse all fees, costs and expenses of the City, its agents and consultants, regardless of whether the Bonds are issued. The Bonds shall be special, limited obligations of the City payable solely from Revenues, and none of the Bonds will be the general obligation of the City nor shall any of the Bonds, including interest thereon, constitute the debt or indebtedness or multiple fiscal year obligation of the City within the meaning of the Constitution or statutes of the State of Colorado or of the home rule charter of any political subdivision thereof, including the City, nor shall anything contained in this ordinance or in the Bonds, the Financing Agreement, the Indenture, the Regulatory Agreement or the Bond Purchase Agreement, or any other related instrument give rise to a pecuniary liability of the City or a charge upon the general credit or taxing powers of the City, nor shall the breach of any agreement contained in this ordinance, the Bonds, the Financing Agreement, the Indenture, the Regulatory Agreement, or the Bond Purchase Agreement or any other related instrument impose any pecuniary liability on the City or a charge upon the general credit or taxing powers of the City, the City having no power to pay out of its general fund, or otherwise contribute any part of the costs of financing the Project, nor power to operate the Project as a business or in any manner, nor shall the City condemn any land or other property for the Project nor contribute any land or other property to the Project. Nothing contained in this ordinance or the Bonds, the Financing Agreement, the Indenture, the Regulatory Agreement, the Bond Purchase Agreement or any other related instrument shall give rise to any personal or pecuniary liability of any council member, officer, employee, attorney or agent of the City. Section 14. After any of the Bonds are issued, this ordinance shall be and remain irrepealable until the Bonds and the interest thereon shall have been fully paid, canceled and discharged. 4816-8632-1673.2 City of Lafayette Ordinance No. 29, Series 2011 Page 6 Section 15. The plan of finance, the issuance of the Bonds and the financing of the Project are hereby approved for purposes of Section 147(f) of the Code. Section 16. If any section, paragraph, clause or provision of this ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this ordinance. Section 17. All bylaws, orders, ordinances and resolutions, or parts thereof, inconsistent herewith or with the documents hereby approved, are hereby repealed to the extent only of such inconsistency. All ordinances, or parts thereof, inconsistent herewith or with the documents hereby approved, are hereby superseded to the extent only of such inconsistency, and shall to such extent be inapplicable to the transactions contemplated hereby. This Section shall not be construed as reviving any bylaw, order, resolution or ordinance, or part thereof. Section 18. The Council having determined in Section 1(f) hereof that a negotiated sale of the Bonds will better serve the public interest, the Bonds are hereby authorized to be sold by negotiation as provided in the Bond Purchase Agreement. Section 19. This ordinance is deemed necessary for the protection of the health, welfare and safety of the community. Section 20. This ordinance shall become effective upon the latter of the tenth day following enactment, or the day following final publication of the ordinance. INTRODUCED, PASSED ON FIRST READING AND PUBLIC NOTICE ORDERED THIS 19th DAY OF JULY, 2011. PASSED ON SECOND AND FINAL READING AND PUBLIC NOTICE ORDERED THIS __________ DAY OF AUGUST, 2011. CITY OF LAFAYETTE, COLORADO By Frank Phillips, Mayor ATTEST: APPROVED AS TO FORM: Susan Koster, CMC, City Clerk David S. Williamson, City Attorney PUBLISHED: 4816-8632-1673.2 WILLIAMSON & HAYASHI, LLC ATTORNEYS AT LAW 1650 38TH STREET SUITE 103 WEST BOULDER, COLORADO 80301 ________________________________________________________________________________________ DAVID S. WILLIAMSON Telephone: 303-443-3100 WILLIAM P. HAYASHI Fax: 303-443-7835 MARY LYNN BENHAM MEMORANDUM TO: Mayor and City Council, City of Lafayette FROM: Mary Lynn Benham and Dave Williamson, City Attorney's Office DATE: Wednesday, July 27, 2011 RE: 2011 Charter Amendment Ordinance ______________________________________________________________________________ Based on City Council's comments and suggestions at the July 19, 2011, City Council Workshop, we have revised the Charter Amendment Ordinance to clarify the ballot titles and to address the issues raised by Council at that meeting. Those revisions are included in the attached version of the ordinance. Councilor Lupberger raised a concern that the proposed Charter language creating a Youth Advisory Board would exclude students under the age of 18 who attend schools in the City of Lafayette, but who do not live in Lafayette. The language below is an alternative to the Youth Advisory Board amendment, to address Councilor Lupberger's concerns, and allows individuals 18 years old or younger to serve on the Youth Advisory Board if they attend a school located in the City of Lafayette (in addition to individuals under the age of 18 who have been residents of the City for at least one year). Alternative Charter Language for Charter Amendment No. 2: 2. Question No. ___. Creation of Youth Advisory Board Section 4.17. Youth Advisory Board There is hereby created a Youth Advisory Board. The selection, term, responsibilities, policies and duties of the Youth Advisory Board shall be as established by ordinance. The provisions of Section 5.1 of this Charter notwithstanding, individuals under the age of eighteen who have been residents of the city for at least one year, or individuals 18 years of age or younger who attend a school located in the city, may be appointed to the Youth Advisory Board. Any appointed member of the board who turns eighteen years of age during his/her tenure of office shall register to vote as a Lafayette elector within ninety (90) days after his/her eighteenth birthday to remain in office. The ballot title for this Charter amendment would be identical to that already in the ordinance. 1 Finally, Councilor Lupberger raised a concern that the proposed Charter language for the Youth Advisory Board would exclude adult "advisors" who are not residents of the City. Advisors may certainly work with the Board, but could not be appointed, voting members of the board, unless they are also residents of the City. City Council may specifically provide for advisors to the Youth Advisory Board by ordinance, should the ballot measure be approved, or the Youth Advisory Board may provide for advisors in its bylaws. However, an advisor who is not an appointed member of the board could not be a voting member of the board under any circumstances, pursuant to the Charter. Please contact our office if you have any questions. cc: Gary Klaphake Susan Koster 2 ORDINANCE NO. 30, Series 2011 INTRODUCED BY: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAFAYETTE SUBMITTING TO THE VOTERS AT THE ELECTION OF NOVEMBER 1, 2011, CERTAIN AMENDMENTS TO THE HOME RULE CHARTER AND AUTHORIZING SUCH ELECTION NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO, AS FOLLOWS: Section 1. Pursuant to provisions of Article 20, Section IX of the Constitution of the State of Colorado, and Section 31-2-210 (1)(b) of the Colorado Revised Statutes, that at a special election to be held on Tuesday, November 1, 2011, there shall be submitted to the vote to the registered electors of the City of Lafayette, the following changes to the Lafayette Home Rule Charter and ballot questions and titles to amend the Charter. Strike through denotes repeal or deletion of charter language and underscore denotes addition to charter language. 1. Question No. ___. Special Elections on Citizen Initiatives Section 7.12. Submission of initiatory and referendary ordinances to electors. Should the Council decide to submit the proposal to the electors, it shall be submitted at the next election held in the city for any other purpose, or in the discretion of the Council at a special election called for that specific purpose. In the case of an initiatory petition, if no election is to be held in the city for any other purpose within one hundred fifty (150) days from the time the petition is presented to the Council and the Council does not enact the ordinance, then the Council shall call a special election within sixty (60) ninety (90) days from such date of presentation for the submission of the initiative proposal. The result of all elections held under the provisions of this section shall be determined by a majority vote of the electors voting thereon. BALLOT TITLE QUESTION NO. ____. SPECIAL ELECTIONS ON CITIZEN INITIATIVES SHALL CHAPTER VII, SECTION 7.12 OF THE CHARTER BE AMENDED TO INCREASE FROM SIXTY (60) TO NINETY (90) DAYS THE TIME FOR THE CITY TO CONDUCT A SPECIAL ELECTION ON A CERTIFIED CITIZEN INITIATIVE FROM THE DATE THE INITIATIVE IS PRESENTED TO CITY COUNCIL? YES___________ NO____________ SHALL CHAPTER IV OF THE CHARTER BE AMENDED TO ADD A NEW SECTION 4.17 CREATING A YOUTH ADVISORY BOARD, WHICH ALLOWS FOR MEMBERSHIP OF INDIVIDUALS UNDER THE AGE OF 18? YES___________ NO____________ 3. Question No. ____. Publication of Ordinances by Title Section 7.4. - Publication and recording of ordinances. Each ordinance shall be published within ten (10) days after its enactment. Publication of the title of each enacted ordinance in accordance with Section 16.5 of this Charter, together with a statement that the full text of the ordinance is available for public inspection and acquisition in the office of the City Clerk and in posting locations established by City Council, shall constitute sufficient publication. by publishing the full text thereof in a newspaper as defined in Section 16.5, either separately or as part of the published Council proceedings. All ordinances shall be recorded by the Clerk in a book called "The Ordinance Book" and it shall be the duty of the Mayor and Clerk to authenticate such records by their official signatures thereon, but the failure to so record and authenticate such ordinance shall not invalidate it or suspend its operation. BALLOT TITLE QUESTION NO. ____. PUBLICATION OF ORDINANCES BY TITLE SHALL CHAPTER VII, SECTION 7.4 OF THE CHARTER BE AMENDED TO ALLOW PUBLICATION OF ORDINANCES BY TITLE, WITH A STATEMENT THAT THE FULL TEXT OF ORDINANCES SHALL BE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK'S OFFICE AND IN POSTING LOCATIONS ESTABLISHED BY CITY COUNCIL? YES___________ NO____________ 4. Question No. ___. Resignations and Removals from Boards and Commissions Section 5.4. - Removals from office. Removals by the City Council of elective officers or of members of boards or commissions shall be made for either of the following reasons: (a) for any reason specified by statute for removal of city officers, (b) for any act declared by this Charter to constitute misconduct in office. Such removals by the Council shall be made only after hearing, of which such officer has been given notice in writing by the Clerk at least ten (10) days in advance, either personally or by delivering the same at his/her last known place of residence. Such notice shall include a copy of the charges against such officer. The hearing shall afford an opportunity to the officer, in person or by attorney, to be heard in his/her defense, to cross examine witnesses and to present testimony. If such officer shall neglect to appear at such hearing and answer such charges, his/her failure to do so may be deemed cause for his/her removal. A majority vote of the members of the Council in 2 office at the time, exclusive of any member whose removal is being considered, shall be required for any such removal. The procedures for removal of appointed members of boards and commissions shall be prescribed by ordinance. Section 5.5. - Resignations. Resignations of elective officers and of members of boards and commissions shall be made in writing and filed with the Clerk and shall be acted upon by the Council at its next regular meeting following receipt thereof by the Clerk. Resignations of appointive officers shall be made in writing to the appointing body either the City Clerk, or to any member of the officer's board or commission, which member shall forward such resignation to the City Clerk. and The resignation of appointed officers shall be acted upon immediately.effective immediately upon receipt and verification by the City Clerk's office. BALLOT TITLE QUESTION NO. __. RESIGNATIONS AND REMOVALS FROM BOARDS AND COMMISSIONS SHALL CHAPTER V, SECTIONS 5.4 AND 5.5 OF THE CHARTER BE AMENDED TO STANDARDIZE THE PROCEDURES FOR RESIGNATIONS AND REMOVALS OF MEMBERS OF CITY BOARDS AND COMMISSIONS, AND TO RECOGNIZE RESIGNATIONS UPON RECEIPT AND VERIFICATION OF SAME BY THE CITY CLERK'S OFFICE? YES___________ NO____________ 5. Question No. __. Elimination of Obsolete Charter Provisions Section 4.9. - Attorney; functions and duties. (a) The Attorney shall act as legal advisor to, and be attorney and counsel for, the Council and shall be responsible solely to the Council. He/she shall advise any officer or department head of the city in matters relating to his/her official duties when so requested. and shall file with the Clerk a copy of all written opinions given by him/her. (b) The Attorney shall prosecute ordinance violations when requested and he/she shall conduct for the city cases in court and before other legally constituted tribunals. He/she shall file with the Clerk copies of such records and files relating thereto as the Council may direct. (c) The Attorney shall prepare or review all ordinances, contracts, bonds and other written instruments which are submitted to him/her by the Council and shall promptly give his/her opinion as to the legal consequences thereof. (d) The Attorney shall call to the attention of the Council all matters of law, and changes or developments therein, affecting the city. (e) The Attorney shall perform such other duties as may be prescribed by this Charter, by the Council, or the City Administrator, so long as consistent with duties prescribed by the Charter or City Council. (f) Upon the recommendation of the Attorney, or upon its own initiative, the Council or the City Administrator may retain special legal counsel to handle any matter in which the city has an interest, or to assist and counsel with the Attorney therein. 3 Section 4.14. - City planning commission. The Council shall within ninety (90) days after the adoption of this Charter, appoint a City Planning Commission. Until July 1, 2002, the City Planning Commission shall consist of not less than five (5) members who shall be selected as follows: The Mayor, two (2) members of the City Council selected by the Mayor, all of whom shall be ex officio members of the commission during the period of their official tenures. The other two (2) members shall be appointed by the Mayor for a term of four (4) years except the first two (2) appointed. The term of one of the first two (2) appointed shall be for four (4) years, and the other shall be for two (2) years. The Mayor shall designate the one having the four (4) year term and the one having the two (2) year term. Effective July 1, 2002, the The City Planning Commission shall consist of seven (7) members who shall be appointed by the City Council after appropriate interviews conducted by a committee of three (3) Council members. No member of the City Council may also serve as a member of the Planning Commission. Planning Commission members shall serve terms of four (4) years, and their terms shall be staggered so that the terms of no more than two (2) members of the Planning Commission shall expire at any one time. For those members of the Planning Commission appointed effective July 1, 2002, the City Council shall determine who shall initially have a four-year, three-year, two-year and/or one-year term, to maintain staggered terms as required herein. The Commission shall elect its chairman from among the appointed members and create and fill such other of its offices as it may determine. The term of the chairman shall be for one year, with eligibility for re-election. The Commission shall hold at least one regular meeting in each month. It shall adopt rules for resolutions, transactions, findings, and determinations, which record shall be a public record. The Planning Commission is hereby charged with the duty, as organized, of drawing up a suitable zoning ordinance to be presented to the City Council. The Planning Commission will be charged with the preparation of a proposed master plan; the commission shall make careful and comprehensive surveys and studies of present conditions and future growth of the municipality with due regard to its relation to neighboring territory. The plan shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the municipality and its environs, which will, in accordance with present and future needs, best promote health, safety, morals, order, convenience, prosperity, and general welfare, as well as efficiency and economy in the process of development; including among other things, adequate provisions for traffic, the promotion of safety from fire and other dangers, adequate provision for light and air, the promotion of healthful and convenient distribution of population, the promotion of good civic design and arrangement, wise and efficient expenditure of public funds, and the adequate provision of public utilities and other public requirements. The Planning Commission shall recommend the adoption of the master plan to the City Council, who shall adopt the same by ordinance. Section 4.15. - Building code. The Council shall within ninety (90) days after the adoption of this Charter appoint a temporary 4 committee of five (5) members for the purpose of drafting a building code ordinance for the City of Lafayette to be presented to the Council for consideration. Section 7.3. - Enactment, amendment, repeal and effective date of ordinances. Subject to the statutes and to the exceptions which follow hereafter, (a) ordinances may be enacted by the affirmative vote of not less than a majority of the members elect of the Council, (b) no ordinance shall be amended or repealed except by an ordinance adopted as aforesaid, (c) no ordinance shall be enacted at the meeting at which it is introduced nor until after publication of the proceedings or summary thereof of such meeting (which proceedings or summary shall include a statement of its title and purpose), and (d) the effective date of all ordinances shall be prescribed therein but the effective date shall not be earlier than ten (10) days after enactment nor before publication thereof. It is provided, however, that an ordinance which is declared therein to be an emergency ordinance which is immediately necessary for the preservation of the public peace, health or safety may be enacted at the meeting at which it is introduced or before publication of the proceedings of the meeting at which it is introduced, or may be given earlier effect than ten (10) days after its enactment, or all three (3), by six (6) affirmative votes if six (6), or seven (7) members of the Council are present at the meeting at which it is enacted or by four (4) affirmative votes if four (4) or five (5) members of the Council are present at the meeting at which it is enacted. In case an ordinance is given effect earlier than ten (10) days after its enactment, the requirements for publication before such ordinance become operative may be met by posting copies thereof in conspicuous locations in three (3) public places in the city, other provisions of this Charter notwithstanding; and the Clerk shall, within three (3) days after such posting, enter in the Ordinance Book under the record of the ordinance a certificate under his hand stating the time and place of such publication by posting of the ordinance, but the failure to so record and authenticate such ordinance shall not invalidate it or suspend its operation. Such ordinance shall also be published in accordance with Section 7.4 but not as a requirement for the effectiveness thereof. No ordinance granting any public utility franchise shall be enacted in accordance with the provisions of Section 14.2. No ordinance shall be amended by reference to its title only, but the revised sections of the ordinance, as amended, shall be re-enacted and published in full. However, an ordinance or section thereof may be repealed by reference to its title and ordinance or code number only. All ordinances prior to introduction and prior to enactment shall be read by title only, however, publication shall conform to Section 7.4. Section 8.3. - Budget hearings. A public hearing on the proposed budget shall be held before its final adoption at such time and place as the Council shall direct. Notice of such public hearing, a summary of the proposed budget and notice that the proposed budget is on file in the office of the Clerk shall be published at least one week in advance of the hearing. The complete proposed budget shall be on file for public inspection during office hours at such office for a period not less than one week prior to such hearing. 5 Section 8.9. - Independent audit; annual report. An independent audit shall be made of all city accounts at least annually, and more frequently if deemed necessary by the Council. Such audit shall be made by Certified or Registered Public Accountants, experienced in municipal accounting, selected by the Council. The City Clerk shall prepare an annual report of the affairs of the city including a financial report. Copies of such audit and annual report shall be made available for public inspection at the office of the City Clerk. Section 13.5. - Utility rates and charges; collection. The Council shall provide by ordinance for the collection of all public utility rates and charges of the city. Such ordinances shall provide at least: (a) That the city shall have as security for the collection of such utility rates and charges a lien upon the real property supplied by such utility, which lien shall become effective immediately upon the supplying of such utility service and shall be enforced in the manner provided in such ordinance. (b) The terms and conditions under which utility services may be discontinued in case of delinquency in paying such rates or charges. (c) That suit may be instituted by the city before a competent tribunal for the collection of such rates or charges. The rates and charges for any municipal public utility for the furnishing of water, light, heat, power, gas or sewage treatment and rubbish and garbage disposal shall be so fixed as to at least meet all the operating costs of such utility. Transactions pertaining to the ownership and operation of the city of each public utility shall be recorded in a separate group of accounts under an appropriate fund caption which shall be classified in accordance with generally accepted utility accounting practice. Charges for all service furnished to, or rendered by, other city departments or agencies shall be recorded. An annual report shall be prepared to show fairly the financial position of each utility and the results of its operation, which report shall be available for inspection at the office of the Clerk. BALLOT TITLE QUESTION NO. ____. ELIMINATION OF OBSOLETE CHARTER PROVISIONS SHALL SECTIONS 4.9, 4.14, 4.15, 7.3, 8.3, 8.9, AND 13.5 OF THE CHARTER BE AMENDED TO ELIMINATE OBSOLETE PROVISIONS OF THE CHARTER? YES___________ NO____________ Section 2. Pursuant to the Uniform Election Code of Colorado Revised Statutes, the election of November 1, 2011, shall be conducted as a coordinated election and the Election 6 Official is hereby authorized and directed to take all such actions as are necessary or desirable there under to effectuate the election as a coordinated, mail ballot election. Section 3. The Council appoints Susan Koster, City Clerk, as the designated election official (the "Election Official") for purposes of the election. The Election Official shall have all of the rights and obligations prescribed under statutes for such an Election Official in the conduct of a coordinated election and shall act as primary liaison between Boulder County Clerk and the City with respect to the election as provided in the Intergovernmental Agreement. Section 4. The City authorizes the City Clerk, to enter into and carry out the terms of an Intergovernmental Agreement (the "Intergovernmental Agreement") with the Boulder County Clerk as required by state statute, describing the allocation of responsibility among the County Clerk, the City and the other political subdivisions in the County for the preparation and the conduct of the election and the provision for reasonable sharing of the cost of the election among the County, the City and the other participating political subdivisions. 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. INTRODUCED AND PASSED ON FIRST READING THE 2ND DAY OF AUGUST, 2011. PASSED ON SECOND AND FINAL READING AND PUBLIC NOTICE ORDERED THE ________ DAY OF ______________________ 2011. CITY OF LAFAYETTE, COLORADO ____________________________________ Frank Phillips, Mayor ATTEST: APPROVED AS TO FORM: __________________________________ ____________________________________ Susan Koster, CMC David S. Williamson, City City Clerk Attorney 7
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