agenda - City of Lafayette

Statement of Vision Lafayette’s panoramic view of the Rocky Mountains inspires our view into the future. We value our heritage, our unique neighborhoods, a vibrant economy and active lifestyles. We envision a future that mixes small-town livability with balanced growth and superior city services.

Statement of Values We foresee a strong economy that is diverse and sustainable, attracts innovators, encourages a balance of big and small businesses, and meets the community’s needs. We intend to shape the future through strengthening our voice on environmental stewardship and social issues, taking an active role in sustainability and strategic planning development, and facilitating leadership development and fresh thinking. We strive to be a connected community that encourages cooperative relationships and inclusivity, expects accessibility and communication, nurtures resiliency, appreciates multi-culturalism, and humanizes physical and social interactions within the City. We support placemaking endeavors that stimulate historic preservation and the arts, encourage open space stewardship and networking of neighborhoods, and promote comprehensive planning and livability.

February 7, 2017

AGENDA 6:00 PM CITY COUNCIL MEETING I.

OPENING OF REGULARLY SCHEDULED MEETING Call to Order Pledge of Allegiance Roll Call

II.

ADJOURN TO EXECUTIVE SESSION – According to C.R.S. 24-6-402(4)(e) for determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators pertaining to a property /Lafayette Urban Renewal Project on Public Road

III.

RETURN TO REGULAR SESSION

IV.

LIQUOR AUTHORITY – PUBLIC HEARING A. Resolution No. 2017-08 / Granting a New Tavern License / Proper Grounds Coffee Roasters dba Proper at 400 W. South Boulder Rd. #1100, Lafayette, CO 80026 (Noticed after 5:30 pm in Colorado Hometown Weekly January 25, 2017)

V.

LEGISLATIVE UPDATE (6:30 PM) B. Colorado State Senator Matt Jones and House Representative Mike Foote

VI.

PUBLIC HEARING – C. 811 Baseline Apartments Subdivision 1. First Reading / Ordinance No. 03, Series 2017 / Rezoning 811-813 Baseline Road from R2 (Single and Two-Family Residential) to R4/PUD (High Density Residential/Planned Unit Development) Zone District – Noticed after 6:30 p.m. in the Colorado Hometown Weekly January 25, 2017 2. Final Plan/PUD 3. Resolution No. 2017-09 / Growth Management Permit Allocation 4. Site Plan & Architectural Review

VII.

PUBLIC INPUT (AFTER 6:30 PM)

VIII.

CONSENT AGENDA D. Minutes of Regular Council Meeting of January 17, 2017 E. Resolution No. 2017-10 / Intergovernmental Agreement with the City of Louisville / Cost Sharing of Quiet Zone Project Design Services F. Resolution No. 2017-11 / Authorizing Intergovernmental Agreement for use of SOTAR Software System / Douglas County G. Contract / Consultant Grant Writer / Ruth Barreto H. Contract / Channel 8 – High Definition Broadcast Upgrade / Burst, Inc. I. Addendum to Contract / Bio-solids Hauling / VERIS Environmental J. Agreement / Baseline Road Utility Crossing / Burlington Northern – Santa Fe K. 2017 Budget Amendments / Utilities L. Purchase Orders and Amendments

IX.

COUNCIL APPOINTMENTS M. Senior Advisory Board N. Human Rights Commission

X.

STAFF REPORTS O. City Attorney’s Report P. City Administrator’s Report 1. First Reading / Ordinance No. 43, Series 2016 / Designating Structures at 200 W. Baseline Road as a Local Historic Landmark Tabled from December 6, 2016 (To be continued to March 7, 2017)

XI.

COUNCIL REPORTS

XII.

ADJOURN

STAFF REPORT To: From: Date: Subject:

Gary Klaphake, City Administrator Susan Koster, City Clerk Susan Barker, Deputy City Clerk January 26, 2017 Public Hearing / Resolution No. 2017-08 / Granting a New Tavern Liquor License to Proper Grounds Coffee Roasters dba Proper at 400 W. South Boulder Rd., #1100, Lafayette, CO

Recommendation: Council motion to approve Resolution No. 2017-08 / Granting a New Tavern Liquor License to Proper Grounds Coffee Roasters dba Proper at 400 W. South Boulder Rd., #1100, Lafayette, CO Background: A complete Tavern Liquor License application was received from Proper Grounds Coffee Roasters on December 6, 2016. According to C.R.S. 12-47-412(1) a Tavern License authorizes the sale of alcohol beverages by the drink to customers for consumption on the premises. A Tavern Licensee must have sandwiches and light snacks available for consumption on the premises during business hours, but need not have meals available for consumption. A diagram of the proposed licensed premise provides for liquor service in the interior of the building and on an outdoor patio. Zoning regulations for this location have been met. The applicant is completing a tenant finish and the Fire Marshall and Building Official will conduct final inspections when work is complete. Resolution No. 2017-08 conditions approval of the license on the applicant obtaining a Certificate of Occupancy. Proper Grounds Coffee Roasters holds a lease on the premises from Flatirons Community Church Inc. until October 2021. The Lafayette Police Department conducted a preliminary background check for tavern owner Cody Osborn. No disqualifying information was discovered. Criminal history investigations by CBI and FBI are pending and Resolution No. 2017-08 conditions approval of the license subject to final clearance. Liquor Pros conducted a Needs and Desires Survey of the surrounding neighborhood within a 1/2 –mile radius established by the City Clerk. A summary of the survey by the applicant indicates that, of the 408 total door knocks, 152 eligible persons signed the petition, 43 declined, and 191 did not answer the door.

1290 S. Public Road  Lafayette, Colorado 80026 303-665-5588  cityoflafayette.com

Proper Ground Coffee Roasters Tavern Liquor License Page 2

84 residents and 66 business owner/managers were in favor of the issuance of the license; 2 residents were not in favor. The public hearing for this application was noticed in the Colorado Hometown Weekly on January 25, 2017 and the premises were posted on January 23, 2017 in accordance with the 10-day posting requirement. Preliminary findings by the City Clerk support the approval of the new license and staff recommends Liquor Authority approval. Fiscal Impact: Local Fees collected: $863.50 Attachments: Resolution No. 2017-08 License Application (application attachments are available for Council review in the City Clerk’s office) Petition Summary


CITY OF LAFAYETTE RESOLUTION No. 2017-08 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO, GRANTING A NEW TAVERN LIQUOR LICENSE TO PROPER GROUNDS COFFEE ROASTERS dba PROPER WHEREAS, the City received an application for a new Tavern Liquor License, on December 5, 2016, 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 new application on February 7, 2017. 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 Flatirions Community Church Inc. (landlord) and Proper Grounds Coffee Roasters (tenant), the term of which expires October 21, 2021. 2. The applicant has filed a floor plan of the interior and exterior patio areas. The Council approved said floor plans without exceptions. 3. The sale of liquor for consumption on 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 party shown by the application as having a financial interest in the business for which the license is requested is Cody Osborn 5. The Lafayette Police Department has conducted a preliminary background check of Cody Osborn and found no disqualifying information. A criminal history investigation is underway at CBI and FBI to determine whether the applicant’s character and reputation are satisfactory to the Local Authority and therefore qualified to hold a liquor license. NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Lafayette, Colorado, as follows: 1. The application from Proper Grounds Coffee Roasters dba Proper is hereby approved subject to: A. Final criminal clearance from FBI and CBI, which will be reported to the City Clerk through the Police Department.

Resolution 2017-08 Page 2 of 2

B. Upon receiving a Certificate of Occupancy from the City of Lafayette Building Department the City Clerk is hereby authorized to release the license to the applicant; and C. Upon approval of the Tavern Liquor License by the State Licensing Authority, the City Clerk is hereby authorized to issue the local license to the applicant. 2. This Resolution shall be effective upon its approval by the City Council. RESOLVED AND PASSED THIS 7th DAY OF FEBRUARY, 2017.

CITY OF LAFAYETTE, COLORADO

______________________________ Gustavo Reyna, Mayor Pro Tem ATTEST:

_________________________________ Susan Koster, CMC City Clerk APPROVED AS TO FORM:

_________________________________ David S. Williamson, City Attorney

To: From: Date: Subject:

Gary Klaphake, City Administrator Jon Hoffman, Planner February 1, 2017 811 Baseline Apartments Subdivision 1. First Reading / Ordinance No. 03, Series 2017 / Rezoning of 811-813 E. Baseline Road from R2 (Single and Two-Family Residential) to R4/PUD (High Density Residential/Planned Unit Development); 2. Final Plan/PUD 3. Resolution No. 2017-09 / Growth Management Permit Allocation 4. Site Plan/Architectural Review Recommendation: Approval of; 1. First Reading / Ordinance No. 03, Series 2017 / Rezoning of 811-813 E. Baseline Road from R2 (Single and Two-Family Residential) to R4/PUD (High Density Residential/Planned Unit Development; 2. 811 Baseline Apartments Subdivision Final Plan/PUD; 3. Resolution No. 2017-09, setting a Growth Management Permit Allocation for 811 Baseline Apartments Subdivision; 4. 811 Baseline Apartments Subdivision Site Plan/Architectural Review subject to the seventeen (17) conditions of approval as recommended by the Planning Commission. Background: On August 23, 2016 Planning Commission approved BV Commons 2 (renamed 811 Baseline Road Subdivision) Preliminary Plan/PUD, recommended approved for the Site Plan/Architectural review subject to seventeen (17) conditions of approval, and recommended approval of the rezoning of the property from R2 (Single and Two-Family Residential) to R4/PUD (High Density Residential/Planned Unit Development. Rezoning: The applicant is requesting to rezone the subject property from R2 (single and twofamily residential) to R4 (multifamily residential). Baseline Road has evolved over time and became a major regional traffic route in Boulder County and beyond. With the change of conditions in this particular area, the component of successful and desirable residential living along Baseline Road has changed. It is in the public interest and reasonably necessary in promotion of the public health, safety or welfare to rezone the properties to encourage redevelopment of the mobile home park as encouraged by the Lafayette Comprehensive Plan. The Lafayette Comprehensive Plan Map designated this property as High Density Residential which supports the R4 (multifamily residential) zoning designation. The R4 zoning designation allows for a maximum of 18 dwelling units per acres, the applicant is proposing 17.58 dwelling units per acres. Final Plan/PUD: The final plan/PUD includes development of a single lot that includes a 4 building complex with 35-residentail units within the four buildings. The 4 building complex will include two 10- units buildings, one 9-units building, and one 6-units building. The 10 and 6-unit buildings will run parallel to Baseline Road and the 9-unit building will run parallel to Dounce Street. The current

alleyway will be extended to continue east through the development parking lot. Resident parking consists of 70 spaces and is located in the middle of the complexes. There will be a total of 35 rentable 1,000 square foot, 2 bedroom units and 1 club house unit. The purpose of the final plan is to provide a review of the legal documents that will become a part of the City and County records. Staff has reviewed the 811 Baseline Apartments final plat and PUD and site plan and architectural applications and recommends approval Growth Management Permit Allocation: The final plan also includes a proposed building permit allocation of 35 residential dwelling permits in 2017. Staff recommends approval of Resolution 2017-XX finding that the permits are available in 2017 to accommodate this request. Site Plan/Architectural Review: Staff believes the buildings architecture is appropriate and, subject to staff’s conditions of approval, the enhanced architecture of the proposed buildings will also create a fresh and renewed look to this corridor. The buildings are similar to some of the more modern looking townhomes along Baseline Road and are to be constructed of similar materials. Staff believes the architecture will compliment the Josephine Commons development adjacent to the north and will have a contemporary look. The entrance to the units and buildings are oriented to the middle of the development with stairways to the upper units being interior stairwells. Fiscal Impact: Normal fees and charges will apply where applicable. Attachments: 1. Planning Commission Staff Report dated August 18, 2016 2. First Reading / Ordinance No. 03, Series 2017/ Rezoning of 811-813 E. Baseline Road from R2 (Single and Two-Family Residential) to R4/PUD (High Density Residential/Planned Unit Development); 3. Resolution No. 2017-09 / Growth Permit Allocation 4. PC Notice of Decision – Preliminary Plan / PUD 5. 811 Baseline Apartments Final Plans

ORDINANCE NO. 03, Series 2017 INTRODUCED BY: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAFAYETTE REZONING 811-813 BASELINE ROAD (811 BASELINE APARTMENTS SUBDIVISION), FROM R2 (SINGLE AND TWO-FAMILY RESIDENTIAL) TO R4/PUD (HIGH DENSITY RESIENTIAL/PLANNED UNIT DEVELOPMENT) ZONE DISTRICT WHEREAS, the City Council of the City of Lafayette, Colorado finds that a proper application for rezoning certain land within the 811 Baseline Apartments Subdivision as more fully described and depicted on Exhibit A, (the “Property”) has been submitted by the applicant to the City; and WHEREAS, the Planning Commission, after a Public Hearing on August 23, 2016 and careful consideration of all relevant facts, has recommended approval of the requested rezoning to the City Council; and WHEREAS, the City Council has held a public hearing concerning the rezoning request in conformance with the Lafayette Code of Ordinance; and WHEREAS, the City Council of the City of Lafayette finds that due to changed or changing conditions in the area of the land for which rezoning is requested, and to conform to the Comprehensive Plan, it is in the public interest and reasonably necessary to rezone the subject property to R4/PUD (High Density Residential/Planned Unit Development); and WHEREAS, the City Council of the City of Lafayette finds and declares that all officers, boards, and the City Council have complied with all applicable provisions of the City Charter, City Ordinances and State Statues. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO: SECTION 1. That the land described and depicted on Exhibit A, shall be rezoned from R2 (Single and Two-family Residential) to R4/PUD (High Density Residential/Planned Unit Development). SECTION 2. That the City Council certifies a change in the Zoning Map zoning the property described herein to City of Lafayette R4/PUD (High Density Residential/Planned Unit Development). SECTION 3. That the City Council directs that a certified copy of this Ordinance be filed with the City Clerk and further, that the City Clerk index, file and make the Ordinance available to the public. SECTION 4. 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 5. 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 6. The repeal or modification of any provision of the Code of Ordinances of Lafayette, Colorado by this ordinance shall not release, extinguish, alter, modify or change in whole or in part any penalty, forfeiture or liability, either civil or criminal, which shall have been incurred under such provision. Each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions for enforcement of the penalty, forfeiture or liability, as well as for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered or made in such actions, suits, proceedings or prosecutions. SECTION 7. This ordinance is deemed necessary for the protection of the health, welfare and safety of the community. SECTION 8. This ordinance shall become effective upon the latter of the 10th day following enactment, or the day following final publication of the ordinance.

INTRODUCED, PASSED ON FIRST READING AND PUBLIC NOTICE ORDERED THIS _____ DAY OF ______________, 2017. PASSED ON SECOND AND FINAL READING AND PUBLIC NOTICE ORDERED THIS _____ DAY OF ______________, 2017.

ATTEST:

CITY OF LAFAYETTE, COLORADO

Susan Koster, City Clerk CMC

Christine Berg, Mayor

APPROVED AS TO FORM:

____________________________ David S. Williamson, City Attorney

City of Lafayette Ordinance No. 03, Series 2017 Page 2

EXHIBIT A

City of Lafayette Ordinance No. 03, Series 2017 Page 3

CITY OF LAFAYETTE RESOLUTION NO. 2017-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO DETERMINING EXEMPT OR NONEXEMPT STATUS UNDER GROWTH MANAGEMENT FOR 811 BASELINE APARTMENTS SUBDIVISION WHEREAS, the people of the City of Lafayette, Colorado amended Section 6.10 of the City of Lafayette home Rule Charter in the November 6, 2012 election to provide that the total number of new dwelling units permitted between January 1, 2013, and January 1, 2019, shall not exceed one thousand two hundred (1,200), but exempting those developments that were assigned a priority classification and building permit allocation prior to November 6, 2012, as well as those properties that were eligible to be categorized as “otherwise entitled to priority” by reason of commitments made by the City that existed prior to May 23, 1995; and WHEREAS, City Council adopted Ordinance No. 11-2013 on May 21, 2013, codifying the criteria to be used in allocating new non-exempt dwelling unit permits under Section 6.10 of the Charter; and WHEREAS, Section 30-272(d)(1) of the Lafayette Code of Ordinances states “If such total allocation requirements can be fulfilled, the Planning Director will assign to the development in conjunction with the preliminary plan approval a proposed development’s annual allocation and schedule for dwelling unit building permits in sufficient numbers to achieve the proposed build-out of the development. The proposed development annual allocation and schedule shall be subject to approval by City Council in conjunction with the development’s final plan”; and WHEREAS, an application for a Preliminary PUD Plan for 811 Baseline Apartments was approved by the Lafayette Planning Commission on August 23, 2016, which included a request for thirty-five (35) dwelling units; and WHEREAS, the Lafayette Planning Commission recommended approval of the Site Plan Architectural Review Plan with a condition that the subdivision have an allocation of: thirty-five (35) dwelling units; and WHEREAS, the Lafayette City Council approved Site Plan Architectural Review for 811 Baseline Apartments Subdivision on February 7, 2017. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO, AS FOLLOWS: 1.

The City Council hereby determines 811 Baseline Apartments Subdivision, which includes thirty-five (35) dwelling units, does not meet the definition of Exempt per by Section 30-270 of the Lafayette Code or Ordinances, and is hereby determined to be Non-Exempt.


2.

The City Council hereby assigns an allocation for 811 Baseline Apartments Subdivision, of: thirty-five (35) dwelling unit in 2017 and any unused of the thirty-five (35) permits annually thereafter.

3.

Subject to Section 30-272 of the Lafayette Code of Ordinances. Exhibit A, attached, lists all non-exempt dwelling unit allocations for 2013 through 2018.

PASSED and RESOLVED the 7th day of February, 2017. CITY OF LAFAYETTE, COLORADO

Gustavo Reyna, Mayor Pro Tem ATTEST:


Susan Koster, CMC City Clerk

David S. Williamson, City Attorney

2


Exhibit A Name of Subdivision / PUD Forest Park, Lot 12, Block 10

No. of Dwelling Units 2

Trails at Coal Creek

317

Jerado Minor Subdivision Lot 2

1

Coal Creek Village Filing No. 12 10

Village Cove

5

811 Baseline Apartments

35

3

Permit Allocation Year No. Permits 2014 2 Annually, 2 thereafter 2015 26 2016 96 2017 96 2018 96 Annually, 50 thereafter 2015 1 Annually, 1 thereafter until build out 2016 12 Annually, 12 thereafter until build out 2017 5 Annually, thereafter until build out 5 2017 35 Annually, thereafter until build out

Planning & Building Department Planning Commission Notice Of Decision Type of Project: Preliminary Plan/PUD Review, Rezoning, and Site Plan/Architectural Review

Project Name:

Date: August 23, 2016 File Number: PP-6-16, PUD-11-16 Z-5-16 & AR-26-16

BV Commons 2 – Preliminary Plan/PUD, Rezoning, and Site Plan/Architectural Review

Project Summary: Preliminary Plan/PUD Review to redevelop the Carpenter’s Mobile Home Park into a four building, 35-unit, multifamily residential development. The four building complex will include two 10-unit buildings, one 9-unit building, and one 6-unit building. The single lot created by the preliminary plan would be 1.99 acres in size. The applicant requested rezoning the property from R2 (single and two-family residential) to R4 (multifamily residential). The application also includes a site plan/architectural review of the four proposed multifamily buildings. Applicant/Owner: 811 E. Baseline Road LLC Site Location: 811 and 813 E. Baseline Road, north side of Baseline Road, west of Burlington Avenue, south of Dounce Street, and east of Brooks Avenue Action Taken: Planning Commission approved the BV Commons 2 Preliminary Plan/PUD subject to the conditions of approval listed below. Planning Commission recommended approval of the Rezoning of BV Commons 2 from R2 (Single and Two-family Residential) to R4/PUD (Multifamily Residential/Planned Unit Development) subject to the conditions of approval listed below. Planning Commission recommended approval of the Site Plan/Architectural Review for BV Commons 2, subject to the conditions of approval listed below. Planning Commission Vote: 5 in favor, 1 opposed for all three applications Appeal Process: City Council can appeal the Planning Commission decision regarding the Preliminary Plan/PUD no later than their September 20, 2016 meeting. Applicant or citizens can appeal within 14 days or by 5:00 p.m., September 6, 2016. The Planning Commission decision regarding the Rezoning and Site Plan/Architectural Review applications are a recommendation to City Council and will be forwarded on to the City Council for a decision. Preliminary Plan/PUD Conditions of Approval: 1. The applicant shall work with Xcel to ensure the appropriate easements are provided prior to submittal of the final plan; 2. Issues outlined in the City Engineer’s memo dated August 4, 2016 shall be addressed before the submittal of the Final Plan; 3. The payment of a cash-in-lieu fee to satisfy the public land dedication requirements shall be made by applicant at the time of final plan approval; 4. The applicant shall work with their landscape architect to create a recreation area that includes play amenities. The recreation area shall include a 6 foot fence around the play area to ensure safety with the design of the fence subject to staff review and approval; 5. The Landscape Plan shall be updated to include the soils analysis; 6. The Landscape Plans shall be stamped by the landscape architect and submitted as part of the Final Plan. 1290 S. Public Rd.  Lafayette, Colorado 80026  (303) 665-5588 Fax (303) 665-2153

BV Commons 2 Preliminary Plan/PUD, Rezoning and Site Plan/Architectural Review Planning Commission Notice of Decision Page 2 of 3

7. Staff recommends the final plan include a visibility plan clearly indicating the location of the 9-units that are subject to the regulations and a note shall be added to the final plan indication the visitable units; 8. The applicant shall submit for a demolition permit in conjunction with the submittal of the Final Plans; 9. The following PUD Modifications are approved  Setback for principle buildings along Baseline Road to be 25 feet;  Setback for principle buildings along Dounce Street to be 20 feet;  Setback for principle building along Burlington Avenue to be 15 feet;  Setback for entrance pergolas along Baseline Road and Dounce Street to be 0 feet, all other accessory structure must adhere to City of Lafayette regulations;  More than one principle building permitted on the Lot. 10. The Code modifications shall be listed on the BV Commons 2 Minor Subdivision final PUD Plat Code Modifications details box; 11. Errors, omissions, and updates on the Plat and PUD shall be corrected prior to submittal of the final plan for City Council for consideration; 12. Staff recommends a building permit allocation for BV Commons 2 Subdivision and PUD as follows: Year Annual Allocation 2017 15 Every year thereafter until build out: 15 Rezone 1. The rezoning approval is subject to approval of the BV Commons 2 Preliminary Plan/PUD. Site Plan/Architectural Review 1. The applicant shall work with staff to redesign the parapet wall at the gable roofs to something that is less commercial and more residential in appearance; 2. The applicant shall escrow funds for a concrete bus stop pad along Baseline Road adjacent to the development; 3. The unit fences shall be a maximum of 4 feet in height and be staggered in setback with a minimum 2 feet variation. Color, location, and material to be reviewed and approved by staff; 4. The buildings shall alternate the approved color schemes so that buildings next to or across from each other will not have the same color scheme; 5. The architectural plans shall be amended to include the location of all ground and wall mechanical equipment, if any, and indicate required screening. The site and landscape plan shall be amended to include either aforementioned changes prior or submittal of a building permit; 6. The applicant shall provide the location, materials, height, and overall size of the pergolas on the architectural plans, to be reviewed and approved by staff; 7. The applicant shall have trash pick-up service a minimum of 3 times per week to ensure that trash will not accumulate. Should additional trash pick-up times per week not be sufficient and the applicant or City determines additional enclosures are necessary, they shall screened to match the existing enclosure, with their locations subject to review and approval of staff;

BV Commons 2 Preliminary Plan/PUD, Rezoning and Site Plan/Architectural Review Planning Commission Notice of Decision Page 3 of 3

8. The trash enclosure shall be a minimum of 7 feet in height to ensure protection from weather on high level trash days; 9. The trash enclosure shall be relocated south to be adjacent to the nearest landscape island; 10. The building entry façades shall include a minimum 18 inch variation in building depth at material changes; 11. The private east/west sidewalk and the sidewalks internal to the courtyards shall be removed; 12. The applicant shall work with staff on changing the pergola, sunshade, and deck half-wall materials to be more cohesive; 13. Sunshades shall be added to first-floor windows on the south elevation of the buildings; 14. The architectural plans shall be amended to detail articulation of the buildings as they relate to the setbacks; 15. If the City determines that additional trash enclosures are required; a reduction in parking of up to 10% can be approved by staff; 16. The applicant shall work with staff on ways to minimize vehicular use of the alley to exit the site; 17. The applicant shall work with staff to provide appropriate speed calming devices at the entrance to the alley and within the parking lot. ***************************************************************** Distribution: x File x City Attorney x Building Official x Applicant x Plans Analyst x City Council x Public Works x Planning Commission Crime Prevention Technician Other ____________________ ***************************************************************** Enclosed are two copies of the Notice of Decision. Please return one signed copy to the City in the enclosed envelope and keep the other copy for your records. I accept the decision as described above. Signed: _____________________________ (Owner)

RECORD OF PROCEEDINGS CITY OF LAFAYETTE

CITY COUNCIL MEETING January 17, 2017 Call to Order The January 17, 2017, City Council Meeting began at 6:02 p.m. in the Council Chamber at Lafayette City Hall, 1290 S. Public Road, Lafayette, Colorado. Roll Call Those in attendance included Mayor Pro Tem Gustavo Reyna and Councilors Brad Wiesley, Chelsea Behanna, and Merrily Mazza. A motion was made by Councilor Mazza and seconded by Councilor Behanna to excuse Mayor Christine Berg and Councilors Stephanie Walton and Alexandra Lynch. The motion passed unanimously. Also present were City Administrator Gary Klaphake, Fire Chief Dave Friedel, Public Works Director Doug Short, City Clerk Susan Koster, Acting Planning Manager Paul Rayl, City Attorney Dave Williamson and Parks, Recreation and Open Space Director Monte Stevenson. Presentation Council recognized Fleet Crew Supervisor Lee Scarberry for 30 years of employment with the City of Lafayette. Public Input The following individuals spoke in favor of the Climate Bill of Rights and Protections: Ashley Wallace (Lafayette) Soul Asuemu (Denver) Norah Murray (Lafayette) Liz Fisher (Erie) Ann Griffin (Lafayette) Megan Veley (Boulder) John Wallace (Lafayette) Paul Bassis (Louisville) Jane Rauscher (Lafayette) Ann Marie Cleary (Broomfield) Jean Leonard (Lafayette) Sarah Louise (Ft. Collins) Barbara Parnell (Lafayette) Kyle Petlock (Boulder) Sandra Smart (Lafayette) James Duncan (Boulder) Kristin McLean (Lafayette) Phillip Doe (Littleton) Cliff Willmeng (Lafayette) Barbara Cross (Arvada) John Lamb (Lafayette) Angelina Novelli (Ft. Collins) Dennis Duckett (Rollinsville) Unity Vincent (Golden) Doug Good Feather (Northglenn) Stephanie Snell (Lafayette) These people did not wish to speak but registered their support with the City Clerk: Heather Szoh (Lafayette) Derrick Garner (Aurora) Amy Fischoff (Lafayette) Alyssa Camp (Aurora) Theresa Stets (Lafayette) Lori Streim (Lafayette) David Rubine (Lafayette) Joi Lynch (Denver) Eduardo Cardova (Broomfield) Jordon Hamerly (Lafayette) James Edwards (Lafayette) The following individuals spoke in opposition to the Climate Bill of Rights and Protections: Vincent McGuire (Lafayette) Tom Lavan (Lafayette) Shawn Martins (Centennial) Jonathan Sawyer (Boulder) Ryan Ross (Denver) Nicholas Colglazier (Denver) Anne Carto (Denver) First Reading / Ordinance No. 02, Series 2017 / Climate Bill of Rights and Protections A motion was made by Mayor Pro Tem Reyna and seconded by Councilor Wiesley to table Ordinance No. 02, Series 2017 to a date when all Councilors are able to attend. The motion passed unanimously. City Administrator Klaphake will direct staff to conduct a poll of Councilors to determine a date.

Lafayette City Council Meeting January 17, 2017 Page 2 Consent Agenda Mayor Pro Tem Reyna read the Consent Agenda: C. Minutes of Regular Council Meeting of January 3, 2017 D. Second Reading / Ordinance No. 01, Series 2017 / Establishment and Enforcement of Emergency Snow Routes E. Resolution No. 2017-05 / Establishing the Nonexempt and Permanently Affordable Dwelling Unit Maximum for Calendar Year 2017 F. Resolution No. 2017-06 / Acceptance of Real Property / Colorado Department of Transportation G. Trails at Coal Creek Filing No. 3 / Final Plat H. Village Cove Subdivision 1. Final Plan / PUD 2. Resolution No. 2017-07 / Establishing Growth Management Priority Classifications & Permit Allocations 3. Site Plan / Architectural Review I. Contract / Consultant Services for Energy Sustainability / Verde Energy, LLC J. Economic Development Agreement / Stem Ciders LLC K. Purchase Orders and Amendments Item E was removed from the Consent Agenda for further discussion. A motion was made by Councilor Wiesley and seconded by Mayor Pro Tem Reyna to approve the remainder of the Consent Agenda. The motion was approved unanimously. Item E. A motion was made by Councilor Mazza and seconded by Councilor Behanna to approve Resolution No. 2017-05 / Establishing the Nonexempt and Permanently Affordable Dwelling Unit Maximum for Calendar Year 2017. The motion passed unanimously.

Adjourn The meeting was adjourned at 8:56 p.m. CITY OF LAFAYETTE, COLORADO

ATTEST

___________________________________ Mayor Pro Tem Gustavo Reyna

__________________________________ Susan Koster, City Clerk

The minutes herein are a summary of the business conducted at this meeting, not a verbatim transcription. Only the actions taken and the text appearing in quotation marks are verbatim.

STAFF REPORT To: Gary Klaphake, City Administrator From: Doug Short, Public Works Director Date: January 30, 2017 Subject: Resolution No. 2017-10 / Authorizing Intergovernmental Agreement with the City of Louisville / Cost Sharing of Quiet Zone Project Design Services Recommendation: Approval of Resolution No. 2017-10 authorizing the approval of the Lafayette/Louisville IGA to design Quiet Zones on the BNSF crossings in Louisville and Lafayette. Background: For several years the staffs of Louisville and Lafayette have been discussing the idea of building Quiet Zone crossings as a joint effort. On August 23, 2016, during the joint Lafayette/Louisville Council meeting, I believe this subject was discussed. Last July, the staff at Louisville secured Federal funding thru DRCOG with Lafayette’s support. A design consultant (Felsburg, Holt and Ullevig) has been selected and the design process will begin once the IGA is approved by both parties. It is anticipated that the design process will be completed by the end of the year. Construction is expected to occur in 2018 and an amendment to this IGA or a separate IGA will be developed for the construction. There are four Quiet Zone crossings, three in Louisville (Pine Street, Griffith Street, South Boulder Road) and one in Lafayette (Baseline Road). The premise for design cost sharing the local match required for the grant funds is 75% Louisville and 25% Lafayette. It is anticipated that the local funds for construction will be in the same proportions. I have budgeted $20,000 in the 2017 budget for this project and the IGA is anticipating that Lafayette’s design cost will be $15,747. Preliminary design has Lafayette’s construction cost at approximately $83,200. This cost will be firmed up by years end. By jointly performing this design and construction work over four BNSF crossings there is a huge economy of scale that will save Lafayette thousands and thousands of dollars compared to performing this project on our own. Fiscal impact: The 2017 budget has $20,000 in 34-301-9321 Street Improvements for this project. Attachments: Resolution No. 2017-10 and Lafayette/Louisville Quiet Zone IGA


CITY OF LAFAYETTE RESOLUTION NO. 2017-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO, APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF LAFAYETTE AND THE CITY OF LOUISVILLE FOR THE SHARING OF DESIGN COSTS AND OTHER RELATED ADMINISTRATIVE AND PLANNING ACTIVITIES REGARDING THE QUIET ZONE PROJECT

WHEREAS, the City of Louisville and the City of Lafayette (“Parties”) are authorized by their respective home rule charters and by C.R.S. § 29-1-203, as amended, to enter into contracts or agreements for the sharing of costs; and WHEREAS, the Parties desire to establish a Quiet Zone area along the BNSF rail line from Baseline Road in Lafayette to Pine Street in Louisville, which will include improvements at four highway rail crossings, three of which are in Louisville, and a fourth crossing at Baseline Road in Lafayette ("Project”); and WHEREAS, the Project is intended to consist of the following two phases: (1) a “Design Phase,” which will consist of the engineering, design and permitting for the four Project locations, and which is intended to be completed in 2017; and (2) a “Construction Phase,” which will consist of the construction of the Project's improvements, and which is intended to be completed in 2018; and WHEREAS, Louisville has applied for and received or will receive a federal Surface Transportation Improvement Program grant in an estimated amount of $1,556,138 (“Grant”) to complete the Design and Construction Phases of the Project and has or will enter into a Grant agreement with the Colorado Department of Transportation (“CDOT”) for the Project; and WHEREAS, the Parties desire to enter into an Intergovernmental Agreement to provide for the sharing of the Project's design costs and other related Project administrative and planning activities and duties. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lafayette, Colorado, as follows: The Intergovernmental Agreement between the City of Louisville and the City of Lafayette for the sharing of the Quiet Zone Project design costs and other related Project administrative and planning activities and duties is approved in substantially the same form as the copy attached hereto and made a part of this resolution and the Mayor is authorized to execute the agreement on behalf of the City. RESOLVED AND PASSED THIS 7TH DAY OF FEBRUARY, 2017. CITY OF LAFAYETTE, COLORADO ATTEST: _______________________ Susan Koster, CMC City Clerk APPROVED AS TO FORM: __________________________________ David S. Williamson, City Attorney

_________________________________ Gustavo Reyna, Mayor Pro Tem

INTERGOVERNMENTAL AGREEMENT FOR SHARING OF COSTS OF QUIET ZONE PROJECT DESIGN SERVICES THIS AGREEMENT is made this _____ day of ______________, 2017 by and between the City of Lafayette, a Colorado home rule municipality (“Lafayette”), and the City of Louisville, a Colorado home rule municipality (“Louisville”), each a “Party” and collectively the “Parties.” WHEREAS, the Parties are authorized by § 29-1-203, C.R.S. as amended, to enter into contracts or agreements for the sharing of costs; and WHEREAS, C.R.S. § 29-1-201, et seq., authorizes and encourages local governments to make the most efficient and effective use of their powers and responsibilities by cooperating and contracting with one another to provide any function, service, or facility lawfully authorized to each; and W H E R E A S, in accordance with § 29-1-203, C.R.S. as amended, each of the Parties is authorized to enter into this Agreement; and WHEREAS, the Parties desire to establish a quiet zone area along the BNSF rail line from Baseline Road in Lafayette to Pine Street in Louisville, which will include improvements at four highway rail crossings, three of which are in Louisville and a fourth crossing at Baseline Road in Lafayette (the “Project”); and WHEREAS, the Project is intended to consist of the following two phases: (1) a “Design Phase,” which will consist of the engineering, design and permitting for the four quiet zone locations and which is intended to be completed in 2017; and (2) a “Construction Phase,” which will consist of the construction of the quiet zone improvements and which is intended to be completed in 2018; and W H E R E A S, Louisville has applied for and received or will receive a federal Surface Transportation Improvement Program grant of an estimated amount of $1,556,138 (the “Grant”) to complete the Design and Construction Phases of the Project and has or will enter into a Grant agreement with the Colorado Department of Transportation (“CDOT”) for the Project; and W H E R E A S, the Grant requires a local match of an estimated amount of $323,483 in matching funds as a condition of receiving the Grant; and WHEREAS, the Parties desire to enter into an IGA to confirm their intent to undertake the Project; to identify the allocation of the cost of the matching funds for the Design Phase of the Project; to establish the process by which such allocation and payment of matching funds will be accomplished; to set forth the agreement by the Parties as to the role of Louisville as the lead agency and executor of the Grant; and to acknowledge the Parties’ intent to enter into a future agreement or an amendment to this Agreement to address the Construction Phase of the Project.

NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the Parties agree as follows: 1. Incorporation of Recitals. recitals into this Agreement.

The Parties confirm and incorporate the foregoing

2. Responsibilities of Louisville. Louisville will oversee the completion of the Design Phase of the Project, will be the lead agency with respect to contracting and communicating with CDOT, and shall be solely responsible for all contracting, supervisory and administrative matters related to execution of the Grant and completion of the Design Phase. Louisville will advise Lafayette of the timeline for the Design Phase, will provide Lafayette a copy of Louisville’s agreement with the consultant engaged to complete Design Phase, will provide updates of the progress on the Design Phase upon request, and will provide Lafayette copies of all design drawings, plans and other materials prepared by the consultant for the Design Phase. 3. Project Costs. The Parties have estimated the Design Phase of the Project to cost $366,000 and agree that $303,011 in Grant funds shall be applied toward the Design Phase. For the remaining costs of the Design Phase, Lafayette agrees to pay $15,747.25 and Louisville agrees to pay $47,241.75. This represents a one-quarter/three-quarter split of local matching funds for the Design Phase costs based on the number of quiet zones within each Party’s jurisdiction. 4. Reimbursement of Costs. Each quarter commencing with the first quarter after the Design Phase is commenced, Louisville shall send Lafayette an invoice for the Design Phase costs incurred by Louisville in the prior quarter, including copies of invoices and pay applications received from the consultant. Lafayette agrees to reimburse Louisville for Lafayette’s portion of the Design Phase costs (one-quarter of the Design Phase costs less the Grant funds applied to that portion of the Project) within 30 days of receipt of each invoice up to, but not exceeding the total set forth in Section 3. The Parties agree that no costs in excess of the amounts set forth in Section 3 shall be incurred for the Design Phase without prior written approval of both Parties and that excess costs shall be split on a one-quarter/three-quarters basis unless otherwise agreed to. 5.

Cooperation.

a. In the performance of this Agreement or in considering any requested approval, acceptance, or extension of time, the Parties each agree that they will act in good faith and will not act unreasonably, arbitrarily, capriciously, or unreasonably withhold, condition, or delay any approval, acceptance, or extension of time required or requested pursuant to this Agreement. Each Party shall promptly provide any information, approval or document necessary for implementation of this Agreement. Each Party will execute such additional documents and agreements as necessary to effectuate the Project, including but not limited to cooperating to obtain all required PUC and BNSF approvals, permits and agreements required for the Project. Each Party shall issue those street cut permits, access permits and other procedural or substantive permits and approvals that are necessary for the Project, which permits and approval are not to be conditioned on payment of any fees or costs other than administrative costs for processing. Louisville shall provide periodic progress reports to Lafayette on the Project and related matters. Each Party shall provide to the 2

other at no additional costs copies of any contracts, drawings, applications for payments, invoices, billing records and other records related to the Project. b. While Louisville will be the lead agency, both Parties will mutually participate with the consultant in the performance of the Design Phase of the Project. Louisville shall provide to Lafayette copies of the proposed design plans for Project, and the plans for the Baseline Road Crossing shall be approved in writing by Lafayette. Both Parties will be present during all meetings and negotiations with the design consultant to provide input as to the scope of the Design Phase and the consultant’s course of the work thereon unless the Parties agree in writing that one of the Party’s presence is not required. 6. Contact Persons. The contact persons for administering this Agreement shall be the Public Works Director of each Party. Any approval hereunder required of a Party of any drawings, designs or specifications may be granted or withheld by a writing issued by the Public Works Director of such Party. 7. Construction Phase. Prior to the award of any construction contract for the Project, the Parties agree that shall enter into good faith negotiations regarding an agreement or an amendment to this Agreement to address allocation of the cost of the matching funds for the Construction Phase of the Project and the roles and responsibilities of each Party for the Construction Phase and for Project improvements after completion. No contract(s) for construction of the Project improvements shall be awarded until the estimated costs of construction under the contracts(s) are fully funded. 8. Cost Recovery. This Agreement is not intended and shall not be construed to affect either Party’s ability to obtain cost recovery payments for the Project from developments within their respective jurisdictions. 9. No Third Party Beneficiaries. This Agreement is intended to describe the rights and responsibilities only as to the Parties hereto. This Agreement is not intended and shall not be deemed to confer any rights on any person or entity not named as a Party hereto. 10. Assignment. This Agreement shall not be assigned by either Party without the prior written consent of the other Party. 11. Insurance. Each Party agrees, at all times during the term of this Agreement, to maintain such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the Colorado Governmental Immunity Act, ("Act") C.R.S. § 24-10-101, et seq. as may be amended, and nothing herein shall be deemed a waiver of the protections, limitations and immunities afforded the Parties by the Act. Each Party agrees to show proof of such insurance upon request by the other Party. 12. Default and Right to Cure. In the event that either Party shall be in default of this Agreement, the other Party shall provide notice to the defaulting Party specifically describing the default. The Party allegedly in default shall have 30 days from the date of such notice to cure the default. If such default is not so cured then at the election of the non-defaulting Party, this 3

Agreement may be terminated unilaterally by the non-defaulting Party or the non-defaulting Party may pursue an action for specific performance, damages, or both. 13. Integration and Amendment. This Agreement represents the entire agreement between the Parties and there are no oral or collateral agreements or understandings. This Agreement may be amended only by an instrument in writing signed by the Parties. If any provision of this Agreement is held invalid or unenforceable, no other provision shall be affected by such holding, and all of the remaining provisions of this Agreement shall continue in full force and effect. 14. Execution in Counterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an original and all of which shall constitute but one and the same instrument. 15. Effective Date; Term. The effective date of this Agreement shall be the last date on which the Parties’ respective governing bodies have approved the Agreement, as set forth below. This Agreement shall remain in effect through completion of the Design Phase of the Project, unless sooner terminated by mutual written agreement. 16. Appropriations. All financial obligations of both Parties for years beyond 2017 shall be subject to the annual appropriation of Project funds by their respective city councils. . 17. Non-Substantive Amendments. This Agreement has been approved in substantially the same form submitted to the local governing bodies of the Parties. The Parties' mayors executing this Agreement are authorized to approve non-substantive administrative amendments to the Agreement and attached exhibits, if upon the recommendation of each Parties' staff, the Mayors deem such amendments necessary and in compliance with the Grant and CDOT requirements. 18. Costs. Each Party shall be responsible for its own legal, accounting, overhead and administrative staffing costs incurred in the negotiation, drafting or performance of this Agreement. 19. Responsibility for Legal Proceedings. Lafayette shall be responsible for defending itself, its officers, and employees in any civil action brought against Lafayette, its officers and employees by any person claiming injury and damages as a result of the performance of this Agreement. Likewise, Louisville shall be responsible for defending itself, its officer, and employees in any civil action brought against Louisville, its officers, and employees by any person claiming injury and damages as a result of this Agreement. Lafayette, its officers, and employees shall not be deemed to assume any liability for intentional or negligent acts, errors, or omissions of Louisville or any officer or employee thereof, arising out of the performance of this Agreement. Likewise, Louisville, its officers, and employees shall not be deemed to assume any liability for intentional or negligent acts, errors, or omissions of Lafayette or any officer or employee thereof, arising out of the performance of this Agreement.

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20. No Joint Venture or Partnership. Nothing contained in this Agreement is intended to create a partnership or joint venture between Lafayette and Louisville and any implication to the contrary is hereby expressly disavowed. It is understood and agreed that this Agreement does not provide for the joint exercise by the Parties of any activity, function or service, nor does it create a joint enterprise, nor does it authorize any Party hereto to act as an agent of the other Party for any purpose whatsoever.

CITY OF LAFAYETTE

CITY OF LOUISVILLE

By:____________________________ Gustavo Reyna, Mayor Pro Tem

By:____________________________ Robert P. Muckle, Mayor

ATTEST:

ATTEST:

_______________________________ Susan Koster, CMC, City Clerk

____________________________________ Meredyth Muth, City Clerk

Date: __________________________

Date: __________________________



_______________________________ David S. Williamson, City Attorney

__________________________________ Samuel J. Light, City Attorney

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STAFF REPORT TO:

Gary Klaphake, City Administrator

FROM:

Rick Bashor, Chief of Police

DATE:

February 1, 2017

SUBJECT: Resolution No. 2017-11 / Authorizing Intergovernmental Agreement for use of SOTAR Software System / Douglas County Recommendation: Staff recommends approval of Resolution No. 2017-11 authorizing the cancellation of a

Memorandum of Understanding between the City of Lafayette and Douglas County dated April 2013 for the SOTAR system and approving an intergovernmental agreement between the City of Lafayette and Douglas County for the use of the SOTAR system. Background: In April of 2013 the City of Lafayette entered into a Memorandum of Understanding with

Douglas County Colorado for the Police Department's use of the Sex Offender Tracking and Registration system (SOTAR). This system allows law enforcement to exchange information regarding sex offenders which is accessed through a web-based interactive software program. The Lafayette Police Department along with approximately eighty-one Colorado law enforcement agencies subscribes to the SOTAR system and share registered sex offender information. This system has proven to be a valuable resource which aids in keeping our community safe by tracking sex offenders who are required by law to register with the law enforcement agency in the community in which they reside. Most all members entered into an intergovernmental agreement with Douglas County for the use of SOTAR, which agreements must now be amended as a result of FBI mandated access and use security procedures. To maintain consistency among its users Douglas County has opted to move away from the memorandum of understanding approach and is requiring all member agencies to enter into an intergovernmental agreement. Staff is requesting the existing Memorandum of Understanding between the City of Lafayette and Douglas County be cancelled. Staff is also requesting that the attached intergovernmental agreement, which incorporates the terms of the original intergovernmental agreement and the changes mandated by the FBI be approved by resolution to allow the Police Department to continue as a member of the SOTAR system. Fiscal Impact The use of the SOTAR system is offered at no cost to the City of Lafayette. Attachments: Resolution No. 2017-11 SOTAR Intergovernmental Agreement.

CITY OF LAFAYETTE RESOLUTION NO. 2017-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO, APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF LAFAYETTE AND THE COUNTY COMMISSIONERS OF THE COUNTY OF DOUGLAS REGARDING USE OF DOUGLAS COUNTY’S SOTAR™ SOFTWARE SYSTEM WHEREAS, on April 15, 2013, the City of Lafayette ("City") entered into a Memorandum of Understanding (MOU) executed by the City Administrator with the County Commissioners of the County of Douglas ("County"), which permitted the City’s police department to use the County’s SOTAR™ software system, which is a web based program that collects and maintains sex offender registry information; and WHEREAS, though many other municipalities within the state entered into such an agreement with the County; for unknown reasons those agreements are in the form of an Intergovernmental Agreement (IGA), which requires approval by an entity’s governing body; and WHEREAS, the IGA's provide for access, use and record keeping requirements and procedures that differ from those set forth in the MOU; and WHEREAS, the County, as a result of recent FBI regulations regarding access and use of the SOTAR™ software system, must now amend the IGA ("First Amendment"); and WHEREAS, to ensure that all users of its SOTAR™ software system are operating under the same rules and procedures, the County has requested that the City approve an intergovernmental agreement which incorporates the terms and conditions of the IGA and those set forth in the First Amendment and that it repeal the MOU. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lafayette, Colorado, as follows: Section 1. The Intergovernmental Agreement between the Board of County Commissioners of the County of Douglas and the City of Lafayette regarding the City’s police department’s use and access of the County’s SOTAR™ software system is approved in substantially the same form as the copy attached hereto and made a part of this resolution and the Mayor is authorized to execute the Intergovernmental Agreement on behalf of the City. Section 2. The April 15, 2013, Memorandum of Understanding between the City and County regarding the City’s police department’s use and access of the County SOTAR™ software system is repealed in its entirety. RESOLVED AND PASSED THIS 7TH DAY OF FEBRUARY, 2017. CITY OF LAFAYETTE, COLORADO ATTEST: _______________________ Susan Koster, CMC, City Clerk APPROVED AS TO FORM: __________________________________ David S. Williamson, City Attorney

_________________________________ Gustavo Reyna, Mayor Pro Tem

AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF DOUGLAS AND THE CITY OF LAFAYETTE THIS AGREEMENT made this day of , 2017, by and between the Board of County Commissioners of the County of Douglas, State of Colorado (“DOUGLAS COUNTY”), and the CITY OF LAFAYETTE a Colorado home rule municipality acting by and through the LAFAYETTE POLICE DEPARTMENT hereinafter referred to as (“USER”), hereinafter referred to jointly as the Parties (“PARTIES”); and WHEREAS, pursuant to the provisions of Article XIV, Section 18(2)(a) of the Colorado Constitution, and Section 29-1-203, C.R.S., there is established a means whereby governmental units may cooperate or contract with one another to make the most efficient and effective use of their powers and responsibilities; and WHEREAS, DOUGLAS COUNTY has developed a system to manage and exchange information regarding sex offenders which is accessed through a web-based interactive software program called SOTARTM. DOUGLAS COUNTY has exclusive rights of ownership in the SOTARTM system including, but not limited to, SOTARTM, the name, the software, all source code contributed by Douglas County, the structure of any data repositories created to support SOTARTM, and all associated documentation (collectively, “SYSTEM”). WHEREAS, USER desires to obtain access to the SOTARTM SYSTEM. WHEREAS, DOUGLAS COUNTY agrees to provide USER access to the SOTARTM application on a basis commonly known as “software as a service” whereby USER has access to, but does not receive a copy of, SOTARTM and obtains no right, title or interest whatsoever in or to the SYSTEM. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein and the recitals as set forth above, the PARTIES hereby agree as follows: 1.

TERM OF AGREEMENT AND TERMINATION. The effective date of this AGREEMENT shall be the date of signing by DOUGLAS COUNTY and USER, whichever is the last to sign. This AGREEMENT shall remain in full force and effect from the effective date until either PARTY elects to terminate this AGREEMENT upon 30 days prior written notice to the other PARTY.

2.

SERVICES. DOUGLAS COUNTY will provide USER non-exclusive, limited access to SOTAR for only the following activities: view the portion of SOTARTM available to law enforcement personnel (which includes access to all data input by jurisdictions that participate in SOTARTM), view the portion of SOTARTM available to the general public and, subject to Section 7 below, access SOTARTM so that USER can input data regarding sex offenders residing in its jurisdiction (all of the above collectively are “SERVICES”). DOUGLAS COUNTY may suspend or terminate the SERVICES in

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the event USER fails to comply with any of the terms and conditions of this AGREEMENT and may pursue all other remedies that DOUGLAS COUNTY has available to it against USER. USER shall not be entitled to a credit or refund in the event this AGREEMENT is terminated pursuant to this Section 2. 3.

USAGE. USER agrees that its access to and use of the portion of SOTARTM available to law enforcement, access to the data repository underlying SOTARTM, and all associated documentation will be limited to the law enforcement personnel employed by USER and the Local Administrators designated by USER. USER shall not, directly or indirectly, disclose, copy, distribute or publish to any third party any information from SOTARTM except for information obtained from the portion of SOTARTM available to the general public. USER may inform the general public that SOTARTM exists and how to access the portion of SOTARTM available to the general public. The general public will only be able to view the portion of SOTARTM available to the general public. USERS shall not violate any federal (including CJIS), state or local statutes, charter provisions, ordinances, rules, regulations, or standards that apply to the storing, handling and disclosure of information regarding any person listed in the SYSTEM. A. FBI Criminal Justice Information Services (CJIS) Compliance: 1. CCIC OSN Validation – Individuals authorized to access SOTAR will have a unique and active OSN that is validated and authorized by the Colorado Bureau of Investigation. Individuals will not share logins. USER is responsible for inactivating users who leave the agency or are otherwise ineligible for access to CJIS protected data. 2. IP Registration –Individuals in USER agency shall access the SOTARTM SYSTEM from an approved and valid IP Address that has been pre-determined by USER’S IT Department. A single address may be entered, or a range from which your device may connect to the SOTARTM SYSTEM. 3. USER will adhere to the current CJIS Security Policy regarding the proper access, use, and dissemination of Criminal History Record Information and associated procedures. 4. USER Agency’s Jurisdiction Administrator has the ability to enter this information if available. If these conditions are not met, SOTARTM SYSTEM access will be limited to non-CJIS information using the public view of the system.

4.

SERVICE FEE. The PARTIES expressly recognize and agree that DOUGLAS COUNTY provides this SERVICE at a significant expense. The PARTIES further recognize and agree that, although DOUGLAS COUNTY agrees initially to provide this SERVICE to USER for no fee, it is under no obligation to do so indefinitely. Upon 30-days written notice, the COUNTY may impose a new or increased fee, at which time USER may elect to discontinue the SERVICE or execute an Addendum agreeing to pay said new or increased fee.

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5.

COMPLIANCE WITH ARTICLE X SECTION 20 OF THE COLORADO CONSTITUTION (IF APPLICABLE TO USER): Notwithstanding other provisions in this Agreement to the contrary, the PARTIES understand and acknowledge that they are subject to Article X, Section 20 of the Colorado Constitution ("TABOR"). A. The PARTIES do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. B. It is understood and agreed that this Agreement does not create a multi-fiscal year direct or indirect debt or obligation within the meaning of TABOR and, therefore, notwithstanding anything in this Agreement to the contrary, all payment obligations of the PARTIES are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the PARTIES’ current fiscal period ending upon the next succeeding December 31. C. Financial obligations of the PARTIES payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with ordinances and resolutions of the responsible party and other applicable law. D. Failure of a party to make appropriation of amounts required in any fiscal year, if not promptly cured, shall result in termination of this Agreement.

6.

DEPLOYMENT AND OPERATION. DOUGLAS COUNTY shall provide the SYSTEM in its “AS IS” condition. DOUGLAS COUNTY is not obligated to provide customizations specific to USER for the SYSTEM. DOUGLAS COUNTY shall use reasonable efforts to maintain the servers and infrastructure necessary to run the SYSTEM. Provided, however, inaccessibility of the SYSTEM related to high traffic volume shall not be a breach of this AGREEMENT. USER shall call 303-814-7040 (or such other number USER is notified to call) for any issues in accessing SOTAR or the proper function of the SYSTEM. DOUGLAS COUNTY may modify (add, delete or change) the functions and format of the SYSTEM at any time and in any way without any advance notice to USER. DOUGLAS COUNTY may discontinue the SYSTEM altogether at any time upon 30 days prior written notice, in which event USER shall be entitled to a pro rated credit of the service fee, if applicable, that USER paid for the year in which the discontinuance occurs. The credit may be applied to any amounts USER owes to DOUGLAS COUNTY.

7.

LOCAL ADMINISTRATORS. USER will designate a maximum of three (3) Local Administrators within USER’S jurisdiction and provide DOUGLAS COUNTY with their contact information, and notify DOUGLAS COUNTY promptly if they are removed or replaced. DOUGLAS COUNTY will provide and maintain a contact number and email address, through which only USER’S designated Local Administrator(s) may communicate to DOUGLAS COUNTY any issues or concerns with SYSTEM availability or performance. DOUGLAS COUNTY will communicate

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via the contact information for the Local Administrators it has on file regarding the SYSTEM including, but not limited to, any planned system maintenance or outages or known system defects. 8.

USER ACCESS AND MAINTENANCE; LICENSE. As a condition of granting USER access to the SYSTEM, USER shall input data on all existing and new sex offenders in USER’S jurisdiction and manage existing data in the data repository underlying SOTARTM. DOUGLAS COUNTY will provide the Local Administrator(s) with a secure login ID and password, limited system documentation and instructions for acceptable use. USER’S Local Administrators shall be responsible for provisioning, de-provisioning, maintaining and supporting system operators in USER’S jurisdiction. Each operator shall have a unique login in the system. Only the Local Administrator for that jurisdiction shall have access to the user management feature for the USER’S jurisdiction. USER understands and agrees that USER shall be solely liable for any errors, omissions or claims arising out of or related to the data USER input into the data repository underlying the SOTARTM application. USER understands and agrees that all data input by USER will be viewable by all other authorized users of the SYSTEM.

9.

USE OF USER INFORMATION. USER understands and agrees that, even if USER discontinues is use of the SOTARTM application, DOUGLAS COUNTY and all active users of the SOTARTM application shall have the continued right to use the data contributed by USER, provided such use complies with this Agreement. Neither DOUGLAS COUNTY nor any other authorized USERS shall have any obligation at any time to segregate or stop using the information USER contributes to the data repository underlying SOTARTM.

10.

NO REVERSE ENGINEERING. USER shall not reverse engineer, decompile, decrypt, or otherwise derive the design, internal logic, structure or inner workings (including algorithms and source code) of any software, products, models or prototypes related to the SYSTEM. USER shall not copy any part of the SYSTEM for any reason, including that information input by USER or related to USER’S jurisdiction.

11.

NO THIRD PARTY USE OR ACCESS. USER shall not sell or in any manner, directly or indirectly, give any access to SOTARTM, the data repository underlying SOTARTM, documentation, or derivative works to any third party, including but not limited to, any governmental agency in USER’S jurisdiction, any other government agency, or any for profit or non-profit entity. All inquiries from third parties regarding access to the SYSTEM must be directed to DOUGLAS COUNTY.

12.

EXCLUSIVE OWNERSHIP. It is expressly understood and agreed by USER that the SYSTEM is protected by copyright and other intellectual property laws and that DOUGLAS COUNTY is the sole owner of all right, title and interest in and to the SYSTEM, and that through this AGREEMENT, DOUGLAS COUNTY is conveying only the limited access rights expressly contained in this AGREEMENT, but

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DOUGLAS COUNTY is not conveying to USER any right, title or interest in or to the SYSTEM or derivative works. 13.

DISCLAIMER OF WARRANTY. The SYSTEM is provided by DOUGLAS COUNTY on an “AS IS, WHERE IS” basis, with no warranties whatsoever except as expressly set forth in this AGREEMENT. DOUGLAS COUNTY hereby disclaims all other warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement of intellectual property rights and course of dealing. DOUGLAS COUNTY makes no warranties or representations regarding applicability of the SYSTEM to USER or compatibility of the SYSTEM with the infrastructure used by USER. DOUGLAS COUNTY makes no warranties as to the accuracy of the information contained in the data repository or mapping information provided by any third party vendor. Without limiting the generality of the foregoing, DOUGLAS COUNTY has no obligation to indemnify or defend USER against any claims arising out of or related to the use of the SYSTEM including, but not limited to, infringement of intellectual property rights.

14.

LIMITATIONS ON LIABILITY. In no event will DOUGLAS COUNTY be liable for any direct, indirect, incidental, special, consequential or punitive damages arising out of or related to this AGREEMENT regardless of the form of action, whether in contract, tort (including, but not limited to, negligence), strict product liability or otherwise even if DOUGLAS COUNTY is advised in advance of the possibility of the damages in question and even if such damages were foreseeable and even if USER’S remedies fail of their essential purpose.

15.

NOTICE. Any notice required by this AGREEMENT shall be given, in writing. Any such notice shall be deemed given (a) on the date of delivery, if personally delivered (if a signed receipt is obtained); (b) by electronic transmission, provided electronic or other written confirmation of delivery is obtained; or (c) on the third business day following mailing by registered or certified mail, return receipt requested, provided proper postage was prepaid and the mail was addressed to the address set forth immediately below or such new address that is given to the other PARTY in accordance with this Section 14. A.

To USER: Lafayette Police Department Chief Rick Bashor / Nicole Schwalm, Records Manager 451 North 111th Street Lafayette, CO 80026 (303) 661-1374

B.

To DOUGLAS COUNTY: Douglas County Government Sheriff’s Office IT Department 4000 Justice Way Castle Rock, CO 80109 (303) 814-7006 5

16.

APPLICABLE LAW. The PARTIES agree to comply with applicable federal, state and local statutes, charter provisions, ordinances, rules, regulations and standards as are in effect at the time this AGREEMENT is executed and as they may change from time to time. Any disputes arising under this AGREEMENT shall be brought exclusively in Douglas County District Court in the State of Colorado. USER hereby knowingly and voluntarily waives any objection to Douglas County, Colorado as an inconvenient forum and hereby consents to the exercise of personal jurisdiction by the Douglas County District Court in the State of Colorado. The PARTIES may mutually agree to informal resolution of disputes. Prior to filing litigation, the PARTIES shall discuss participation in alternative dispute resolution, which may include pre-suit mediation or settlement conferences.

17.

NON-WAIVER. The PARTIES shall not be excused from complying with any provisions of this AGREEMENT by the failure or delay of any PARTY to insist upon or seek compliance with such provisions.

18.

SEVERABILITY. Should any provision(s) of this AGREEMENT be determined to be illegal or unenforceable, such provision shall be modified to make it legal and enforceable to the fullest extent of the law. In the event modification would not make the provision legal and enforceable, such provision shall be deleted from this AGREEMENT and all remaining provisions of this AGREEMENT shall remain fully enforceable. Provided, however, with respect to the deleted provision, the PARTIES shall forthwith enter into good faith negotiations and proceed with due diligence to draft a term that will achieve the original intent of the PARTIES hereunder.

19.

AMENDMENT. This AGREEMENT may be amended, modified, or changed, in whole or in part, only by written AGREEMENT executed by the PARTIES hereto.

20.

ASSIGNABILITY; SUBLICENSING. USER shall not assign or sublicense its rights or delegate its duties under this AGREEMENT without the prior written consent of DOUGLAS COUNTY.

21.

HEADINGS FOR CONVENIENCE. Headings and titles contained herein are intended for the convenience and reference of the PARTIES only and are not intended to combine, limit, or describe the scope or intent of any provision of this AGREEMENT.

22.

GOVERNMENTAL IMMUNITY. The PARTIES hereto understand and agree that the PARTIES and their commissioners, officials, officers, directors, agents and employees, are relying on, and do not waive or intend to waive by any provisions of this AGREEMENT, the monetary limitations or any other rights, immunities and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 to 120, C.R.S., or otherwise available to the PARTIES.

6

23.

OPEN RECORDS. The PARTIES expressly agree that if any request is made that subjects the subject matter of this AGREEMENT to disclosure pursuant to the Colorado Open Records Act, Section 24-72-201, C.R.S. et. seq., or the Colorado Criminal Justice Records Action, Section 24-72-301, C.R.S. et. seq. then the data will be disclosed in printed, hardcopy form, and not in digital form, so long as the law allows this discretion. In the event it must be disclosed in digital form, the recipient shall sign a non-disclosure and non-use agreement related to the SYSTEM (which will be supplied by DOUGLAS COUNTY) prior to obtaining the digital information.

24.

THIRD PARTY BENEFICIARIES. DOUGLAS COUNTY does not intend by the Agreement to assume any contractual obligations to anyone other than the USER, and the USER does not intend by the AGREEMENT to assume any contractual obligation to anyone other than DOUGLAS COUNTY. DOUGLAS COUNTY and USER do not intend that there be any third-party beneficiary to this AGREEMENT.

25.

SURVIVAL: Where the context of this AGREEMENT reasonably requires such an interpretation, the provisions of this AGREEMENT shall survive termination.

26.

EXECUTION. This AGREEMENT may be executed in counterparts.

THEREFORE, IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT the day and year first above written.

THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF DOUGLAS, COLORADO:

Date:

BY: Tony G. Spurlock Sheriff

APPROVED AS TO LEGAL FORM:

Date: Kelly Dunnaway, Deputy County Attorney

7

CITY OF LAFAYETTE:

____________________________________________ Gustavo Reyna Mayor Pro Tem Date:___________________________

ATTEST: ____________________________________________ Susan Koster CMC, City Clerk Date:___________________________

APPROVED AS TO LEGAL FORM:

_____________________________________________ David S. Williamson, City Attorney Date:____________________________

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STAFF REPORT TO:


FROM:

Susan Booker, Arts and Cultural Resources Director

DATE:

February 1, 2017

SUBJECT:

Award of Contract / Grant Writing and Consulting / Ruth Barreto

Recommendation: Award of Contract to Ruth Barreto for grant writing and consulting services for the City of Lafayette Cultural Resources Division. Background: The Lafayette City Council approved funding in the 2017 budget, not to exceed $35,000, for the purpose of renewing the contract of Ruth Barreto as a grant writing consultant for the purpose of seeking grants and assisting with other projects that support the work of the Arts and Cultural Resources Department. Ms. Barreto was selected for this contract in March of 2016 and successfully applied for a number of grants, and identified additional grants to be applied for going forward. Her work has been exceptional and has laid the groundwork for future applications. We are eager to have her continue working with us to secure funding in 2017. Her experience and demonstrated skills working as a consultant, along with her awareness of existing cultural arts programming in the community and the needs of the Department going forward have proved very valuable to us. . Her contract includes doing research to find appropriate grants, creating a system to record and track potential and applied for grants and writing and tacking applications. Fiscal Impact: The contract is not to exceed $35,000 and will be assigned to Account # 108-889000. Attachments: None

To: From: Date: Subject:

Steve McFarland, Acting City Administrator Susan Koster, City Clerk February 1, 2017 Contract with Burst, Inc., for Government Channel 8 TV Equipment Upgrade to High Definition Transmission

Recommendation: Approve a contract with Burst, Inc., 8200 S. Akron Street, Suite 111, Centennial, Colorado, for services and equipment associated with the upgrade of Lafayette’s Government Channel 8 to high-definition transmission in the amount of $37,753.

Background: In May of 2012, the City contracted with Burst, Inc., to upgrade Lafayette’s Government Channel 8 TV broadcast system including equipment, cameras, and new studio furnishings (console, storage units, equipment racks, etc.). The scope of work included systems drawings; procurement, installation, and testing of equipment; installation of furnishings; and training for City staff members. In conjunction with the 2016 renewal of the Comcast Cable Television Franchise, the City will be converting Channel 8 transmission to high-definition, which will require a systems upgrade. The City’s purchasing policy allows for exceptions to the RFP/bidding process if the City Administrator determines that a contract is most practically or advantageously obtained from a sole source. Based upon Burst’s familiarity with the City’s system and their proven track record, I requested and received approval to waive the RFP/bidding process for this project and prepare a contract for services. Burst conducted an on-site assessment of the system and provided a proposal for the upgrade totaling $37,753, to include equipment, labor, materials, and shipping costs. The work is expected to take two months from the submission of a purchase order. Fiscal Impact: $37,753 to be paid from Account No. 01-106-9060 Attachment: None



Gary Klaphake, City Administrator Doug Short, Public Works Director Bradley S. Dallam, P.E., Water Resource and CIP Manager January 30, 2017 Addendum to Contract / Bio-solids Hauling / VERIS Environmental

Recommendation: Renewal of contract and concurrent approval of an amendment to a contract with VERIS Environmental for the hauling of biosolids from the Water Reclamation Facility Background: In January of 2013 the City entered into a contract with VERIS (then Liquid Waste Management or LWM) for the hauling of biosolids from the Water Reclamation Facility. The contract was written in such a way where it was automatically renewed annually based on Council approval, with a provision for price adjustments annually. VERIS has requested a 4.01 % increase in cost adjustment (two year adjustment) for cost of living. Staff recommends approval of the amendment of the contract, as the increase is consistent with the provisions in the contract and based on the Consumer Price Index (CPI). The proposed cost of hauling biosolids (per wet ton) is $18.87. In the event that we ask them to haul biosolids in the liquid form the cost would be $0.0562 per gallon. Fiscal Impact: Fund 42-404-8270 (Water Reclamation Fund, Operations, Sludge Hauling) has a budget of $50,000. This contract allows for the full budget amount. Attachments: None



Gary Klaphake, City Administrator Doug Short, Public Works Director Bradley S. Dallam, P.E., Water Resources and CIP Manager January 30, 2017 Agreement / Baseline Road Utility Crossing / Burlington Northern – Santa Fe

Recommendation: Approval of a Crossing Agreement with the BNSF Railroad Company for permission to cross the tracks at Baseline Road as a part of the construction of the Orange Zone Pipeline. The agreement has a fee of $3,600. Background: Merrick and Company was retained to design a pipeline to mitigate potable water pressure and supply problems in parts of the Indian Peaks neighborhood. The pipeline begins at approximately the Water Treatment Plant and proceeds east to the Indian Peaks neighborhood, crossing the railroad tracks west of the neighborhood. The Railroad Company has a standard agreement that has been reviewed and approved by the City Attorney’s office. Fiscal impact: the $3,600 fee will come from the project budget which had a 2016 budget of $2,503,000.00, Water Fund / Capital Projects / Water Lines, (41-701-9410). Attachments: None


STAFF REPORT Date: January 10, 2017 Updated:1/30/17 To: Gary Klaphake, City Administrator From: Doug Short, Public Works Director and Steve McFarland, Finance Director Subject: 2017 Budget Amendments / Utilties

Recommendation: Motion to approve working changes to 2017 Budget in respective Funds listed below. Formal adoption will occur with Supplemental Appropriation to 2017 Budget. Background: The annual Budget is prepared with the best information available through late Summer/early Fall of the preceding year. For 2017, extenuating circumstances occurred where the newly-hired Finance Director prepared the Budget for the first time, and the Public Works Director was unavailable (personal leave) to review the Budget. As such, the Finance Director did not budget several capital projects, and the Public Works Director was not available to notice/address the items. Secondly, information often becomes available following budget approval that allows for or requires modifications to the original Budget. While adding the capital items, Staff is requesting to amend several operational items as noted due to information that has emerged since the original Budget approval process. The following items are updates to budgeted line items for 2017. Staff requests approval to move forward with these, and will bring forward as part of an official Supplemental Appropriation to the 2017 Budget at a later date. Public Works 01-301 01-301-9520 Site/Facility Improvements - $50,000. Continued repair and replacement to concrete or asphalt the dirt work areas, clean up of site to meet our MS4 Stormwater permit. To be cost shared with the utilities systems that utilize the Service Center for their activities. NOTE: most of the $50,000 that was budgeted in 2016 for Service Center expansion was unspent. Solid Waste & Recycling 01-302 01-101-552010 Solid Waste Fee - $1,700,000 (currently budgeted at $1,082,592), and 01-302-815001 Professional Services – Disposal - $1,700,000 (currently budgeted at $1,075,392). Contracted services for trash/recycling/organics collection and disposal per contracted curbside 3–cart system. NOTE: This is a pass thru as revenues are collected that match this expenditure.

Capital Fund – Public Works 34-301 34-301-9321 Street Improvements: • Widening of S Boulder Road – Fund at $180,000 instead of $150,000. This is the correct expenditure level for the City’s share of the final design between Lafayette, Boulder County and CDOT Grant Funding. • New Traffic Signals - $60,000: Lafayette’s share of new Traffic Signal at S Boulder Road and Saratoga Drive/Merlin Drive. $135,000: Lafayette’s share of new Traffic Signal at S Public Road and Old Laramie Trail. Water Fund 41 41-402-8810 Staff Development - $5,000. Continuing education needed to maintain Staff knowledge base on new industry developments. 41-701-9410 Water Lines - $3,100,000. Build the Orange Zone line from the Water Treatment facility to US287. 41-701-9410 Water Lines - $380,000. Refurbish/rebuild existing water distribution piping, values and hydrants. 41-701-9420 Water Rights - $180,000 Northern Integrated Supply Project and $175,000 Windy Gap Firming Project. Continue permitting and design of these two raw water storage projects to increase the yield of water rights portfolio. 41-701-9432 Raw Water Storage - $1,000,000. Continued expansion of Goose Haven Reservoir Project 41-701-9522 Site/Facility Improvements: • Red Zone Tank – $2,800,000. Construction of Red Zone Tank. • SCADA for Water Distribution System - $44,000. Remote control and monitoring of the various Pressure Reducing Valves (PRV’s) that connect the three pressure zones together. • Service Center Improvements - $75,000. Continued repair and replacement to concrete or asphalt the dirt work areas, clean up of site to meet MS4 Stormwater permit. To be cost shared with the utilities systems that utilize the Service Center for their activities. Water Reclamation Fund 42 42-404-6003 Part-time Salaries – $6,521 to $16,000. Increase for the part-time custodial work at the WRF to reflect true costs ($10,000) and $6,000 to fund a part-time intern position to help PW to cultivate students from the Water Quality program and Red Rocks Community College. This would provide relevant experience to see if Water Reclamation is a fit for these students and to see if PW would want to hire the intern when a fulltime position came available. 42-404-7200 Tools and Equipment – increase from $20,000 to $40,000. In 2016 this line item was increased from $20,000 to $40,000. The purpose of this line item is to fund smaller equipment purchases, including those unexpected purchases related to permit compliance, such as lab equipment and plant monitoring equipment. Costs in this area have increased to the point where $40,000 should be budgeted annually.

Water Reclamation Fund 42 cont. 42-404-8250 Postage – Increase from $1,500 to $2,000. Shipping samples that need to be tested at certified labs across the County that the WRF labs are not equipped to handle and process. 42-451-8890 Misc. Services – Increase from $102,200 to $220,000. Repairs/replacements of existing collection system piping and refurbishment of manholes. 42-701-9522 Site/Facility Improvements: • Service Center Improvements - $75,000. Continued repair and replacement to concrete or asphalt the dirt work areas, clean up of site to meet our MS4 Stormwater permit. To be cost shared with the utilities systems that utilize the Service Center for their activities. • Lift Station – $1.5M for construction. 42-701-9620 Wastewater Collection System Improvements: - $400,000. Build line extension for new development north of Wal-Mart. Storm Water Fund 43 43-451-8150 Professional Services - $80,000. Consultants that provide inspection and stormwater plan review services to maintain our NPDES Phase II stormwater permit from the State Department of Health and Federal EPA. 43-451-8890 Misc. Services - $40,000. Additional contracted services to maintain our NPDES Phase II permit. In order to accomplish this, the $525,000 repayment to the Water Fund will need to be extended to 3 years of $175,000/year, from the Budgeted 2-yr repayment plan.

Expenditures for Approval February 7th, 2017 ADMIN Boulder County Finance Dept 2016 General Elections

$ 27,734.34

FINANCE Eide Bally LLP 2017 Financial Audit Services

$ 47,125.00

LIBRARY Colorado Library Consortium Flatirons Consortium Annual Membership Fees

$ 28,707.79

Motorola Solutions Inc 6 Digital Portable Radios & Programming

$ 36,640.86

PD

PW Burt Fleet Services, Inc. Extended Cab – on 2017 Chevy CO 4wd $ 28,752.00 Double Cab – on 2017 Chevy Silverado 2500HD 4wd $ 32,937.00 Dana Kepner 10 NEW Hydrant Meters

$ 27,452.70

DBC Irrigation Supply CCU (Cluster Control Unit) & Supportive Parts

$ 30,000.00

Environmental Services, LLC Ice Slicer

$ 68,000.00

HACH Chemical Co. 2017 Flow Meter Rentals

$ 42,000.00

STAFF REPORT TO:


FROM: Monte Stevenson, Parks, Recreation & Open Space Director DATE: February 7, 2017 SUBJECT: City Council Appointment / Senior Advisory Board

Recommendation: Approve appointment of Joan Potterfield as Alternate 1 on the Senior Advisory Board. Background: On January 10, 2017, the Senior Advisory Board voted to recommend to Council the

appointment of applicant Joan Potterfield to the open position of Alternate 1 for a term of three years, concluding in January 2020. The position of Alternate 2 remains open at this time.

Fiscal Impact: None Attachments: None

Staff Report To: From: Date: Subject:

Gary Klaphake, City Administrator Melissa Hisel, Library Director/HRC Liaison January 30, 2017 Human Rights Commission Appointments

Recommendation: The selection committee recommends the new appointments of Celina Essekawu, Zoya Elhassan, Elizabeth Lichtenstein, Noe Lopez, Jason Meyer, Kristin Wagner, and Denice Walker as voting members on the Lafayette Human Rights Commission for terms of three years. The selection committee recommends the new appointments of Katie Pribyl Dobbins and Abby Boyd as alternate members. Background: 52 people applied for positions on the Human Rights Commission. Councilor Lynch, Mayor Pro Tem Reyna and I evaluated the applications and invited 20 candidates to interview. Interviews were held on January 24th, 25th and 26th. The candidates meet the residency and voter registration requirements; the selection committee recommends the following appointments: Regular Members: Celina Essekawu Zoya Elhassan Elizabeth Lichtenstein Noe Lopez Jason Meyer Kristin Wagner Denice Walker

(February 2017-February 2020) (February 2017-February 2020) (February 2017-February 2020) (February 2017-February 2020) (February 2017-February 2020) (February 2017-February 2020) (February 2017-February 2020)

Alternate Members Katie Pribyl Dobbins Abby Boyd

(February 2017-February 2020) (February 2017-February 2020)

Fiscal Impact: None Attachments: None