Jul 5, 2017 - H. Contract / Fire Sprinkler System Installation at Fire Station #1 ..... Q. Contract / Goose Haven Reserv
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.
Wednesday, July 5, 2017
AGENDA 6:00 PM CITY COUNCIL MEETING I.
OPENING OF REGULARLY SCHEDULED MEETING Call to Order Pledge of Allegiance Roll Call
II.
WORKSHOP A. Ambulance Service / User Fees (30min)
III.
RETURN TO REGULAR SESSION
IV.
PRESENTATION B. Essenza Architecture – Concept Plan for Indian Peaks Patio and Office Addition
V.
PUBLIC INPUT (AFTER 6:30 PM)
VI.
PUBLIC HEARING C. Second Reading / Ordinance No. 25, Series 2017 / Supplemental Appropriations Regarding Windy Gap Purchase (Noticed in the Daily Camera June 29, 2017)
VII.
REGULAR BUSINESS Ordinances D. First Reading / Ordinance No. 27, Series 2017 / Amending Article II and III of Chapter 56 of the Lafayette Code of Ordinances Regarding the Regulation of Medical and Retail Marijuana Establishments E. Ordinance No. 28, Series 2017 / Providing for a 90-Day Moratorium on the Acceptance and Processing of Applications for, and the Issuance of, Building Permits for New Structures and Significant Additions to Existing Structures in the Old Town Residential Zone District and Portions of Adjacent or Nearby Residential (Including T-1) Zone Districts, and Declaring an Emergency
VIII.
CONSENT AGENDA F. Minutes of Council Meeting of June 19, 2017 G. Minutes of Special Council Meeting of June 28, 2017 H. Contract / Fire Sprinkler System Installation at Fire Station #1 / Karmichael & Company Fire Protection Inc. I. Contract / Final Plan Design at Indian Peaks Patio and Office Addition / Essenza Architecture J. Contract Renewal / Grant Award for Lafayette Youth Advisory Committee / Boulder County Public Health K. DK East Emma Minor Subdivision & PUD / Extension Approval L. Resolution No. 2017-34 / Approving an Intergovernmental Agreement Establishing the Boulder County Hazardous Materials Response Authority M. Purchase Orders and Amendments
IX.
COUNCIL APPOINTMENTS N. Planning Commission O. Board of Adjustment
X.
STAFF REPORTS P. City Attorney’s Report Q. City Administrator’s Report
XI.
COUNCIL REPORTS
XII.
ADJOURN
ORDINANCE NO. 25, SERIES 2017 INTRODUCED BY: AN ORDINANCE PROVIDING FOR ADDITIONAL APPROPRIATION DURING FISCAL YEAR 2017 FOR UNANTICIPATED 2017 REVENUES AND EXPENDITURES REQUIRED OF THE CITY OF LAFAYETTE, COLORADO, AND APPROPRIATION OF CERTAIN 2017 CAPITAL PROJECT ITEMS WHEREAS, the City Administrator has determined that actual expenditures for fiscal year 2017 will exceed the anticipated expenditures as reflected in the Budget Appropriation Ordinance No. 32, Series 2016, and WHEREAS, this additional revenue, along with various items previously approved by the City Council, must be re-appropriated in various City accounts in the 2017 Budget, and WHEREAS, certain events occurred subsequent to the adoption of the original 2017 budget resulting in unanticipated revenues and/or required expenditures during 2017, and WHEREAS, the City Administrator has determined that prior appropriations have been reclassified, and WHEREAS, the City Council may, by ordinance, pursuant to the provision of Chapter 8, Section 5, of the City Charter, increase or transfer specific expenditures in any account, department, fund or agency to another or reduce appropriations as may be necessary to achieve a balanced budget, and WHEREAS, Exhibit “A (Proposed Supplemental Appropriation Details)” attached hereto is a statement of proposed budget appropriations, and WHEREAS, the City Council of the City of Lafayette, Colorado, deems it in the best interest of the City to transfer unencumbered appropriations, and to add appropriations to accounts, departments, funds or agencies or to reduce appropriations, as fully set forth in Exhibit “A”, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO, THAT: The transfers of unencumbered appropriation balances and other identified additional appropriations or the reduction of appropriations set forth in Exhibit “A” is hereby approved and the City Administrator is ordered to affect the necessary increases and transfers to comply with this ordinance, and update beginning budget balances to actual for a more accurate statement of budget status.
INTRODUCED, PASSED ON FIRST READING AND PUBLIC NOTICE ORDERED THIS 19th DAY OF JUNE 2017. PASSED ON SECOND AND FINAL READING AND PUBLIC NOTICE ORDERED THIS 5TH DAY OF JULY 2017.
CITY OF LAFAYETTE, COLORADO __________________________________ Christine Berg, Mayor ________________________________ Susan Barker, CMC, Deputy City Clerk APPROVED AS TO FORM: ___________________________ David S. Williamson, City Attorney
SUPPLEMENTAL BUDGET APPROPRIATIONS FOR: 2017 Ordinance 25, Series 2017, Exhibit A ORD 32-2016 FUND #
ORD 12-2017
ORD 25-2017
Original
Carryfwds
Pre-appvd
Supplemental
2017 Amended
2017 Budget
2016 to 2017
Capital items
Carryforwards
Budget
$7,760,588
$4,373,752
$2,608,350
$2,900,000
$17,642,690
6,687,377
260,637
1,606,850
200,000
8,754,864
$14,447,965
$4,634,389
$4,215,200
$3,100,000
$26,397,554
REVENUES
41
Water
42
Water Reclamation
ORDINANCE NO. 27, Series 2017 INTRODUCED BY: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO, AMENDING ARTICLE II AND III OF CHAPTER 56 OF THE CODE OF ORDINANCES OF THE CITY OF LAFAYETTE REGARDING THE REGULATION OF MEDICAL AND RETAIL MARIJUANA ESTABLISHMENTS
WHEREAS, on March 4, 2014, City Council adopted Ordinance No's. 2014-04 and 05, regarding the licensing and regulation of retail and medical marijuana establishments, which in part established a limit of six locations within the City at which retail and medical marijuana cultivation and product manufacturers could operate; and WHEREAS, through enactment of Ordinance No's. 2015-16 and 17, the City amended various provisions of its medical and retail marijuana codes, which included increasing the number of permitted locations for medical and retail marijuana cultivation and product manufacturing from 6 to 8; and WHEREAS, Council now desires to increase the number of permitted locations for medical and retail marijuana cultivation and product manufacturing from 8 to 12. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO, AS FOLLOWS: 1 Section 1. Section 56-241 (b) (5), “Location, colocation, operational restrictions and requirements, medical marijuana establishments,” of the Code of Ordinances of the City of Lafayette is amended to provide as follows: (5) There may be no more than eight (8) twelve (12) total physical (independent) locations containing any mix of licensed retail marijuana product manufacturers, licensed medical marijuana-infused product manufacturers, licensed retail marijuana cultivation facilities, or licensed medical marijuana optional premises cultivation operations within the industrial zoning district category. The term "total physical (independent) locations" as used in this subsection includes not only separate buildings, but also separate individual tenant spaces located within the same building and under the same roof, except that medical and retail cultivation and product manufacturers under common ownership, which share the same tenant space ("premises"), shall be deemed one (1) physical (independent) location. Section 2. Section 56-269 (b) (5), “Location, colocation, operational restrictions and requirements, retail marijuana establishments,” of the Code of Ordinances of the City of Lafayette is amended to provide as follows:
1
Additions to the current text of the Code are indicated by underlining, and deletions are indicated by strikethrough.
Formatted: Footer distance from edge: 0.6"
Ordinance No. XX-2017 – Marijuana Establishments
(5) There may be no more than eight (8) twelve (12) total physical (independent) locations containing any mix of licensed retail marijuana product manufacturers, licensed medical marijuana-infused product manufacturers, licensed retail marijuana cultivation facilities, or licensed medical marijuana optional premises cultivation operations within the industrial zoning district category. The term "total physical (independent) location" as used in this subsection includes not only separate building but also separate individual tenant spaces located within the same building and under the same roof, except that medical and retail cultivation and product manufacturers under common ownership, which share the same tenant space ("premises") shall be deemed one physical (independent) location; Section 3. If any article, section, paragraph, sentence, clause or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 4. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof is hereby repealed to the extent of such inconsistency or conflict. Section 5. The repeal or modification of any provision of the Code of Ordinances of Lafayette, Colorado by this ordinance shall not release, extinguish, alter, modify or change in whole or in part any penalty, forfeiture or liability, either civil or criminal, which shall have been incurred under such provision. Each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions for enforcement of the penalty, forfeiture or liability, as well as for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered or made in such actions, suits, proceedings or prosecutions. Section 6. This ordinance is deemed necessary for the protection of the health, welfare and safety of the community. Section 7. Violations of this ordinance shall be punishable in accordance with Section 1-10 of the Municipal Code of the City of Lafayette, Colorado. 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 AND PASSED ON FIRST READING THE _______ DAY OF ___________, 2017. PASSED ON SECOND AND FINAL READING AND PUBLIC NOTICE ORDERED THE ________ DAY OF ______________________ 2017.
2
Ordinance No. XX-2017 – Marijuana Establishments
CITY OF LAFAYETTE, COLORADO
____________________________________ Christine Berg, Mayor
ATTEST:
APPROVED AS TO FORM:
__________________________________ Susan Koster, CMC, City Clerk
____________________________________ David S. Williamson, City, Attorney
3
ORDINANCE NO. 28, Series 2017 INTRODUCED BY: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO, PROVIDING FOR A 90- DAY MORATORIUM ON THE ACCEPTANCE AND PROCESSING OF APPLICATIONS FOR THE ISSUANCE OF BUILDING PERMITS FOR NEW STRUCTURES, AND SIGNIFICANT ADDITIONS TO EXISTING STRUCTURES, IN THE OLD TOWN RESIDENTIAL ZONE DISTRICT, AND PORTIONS OF ADJACENT OR NEARBY RESIDENTIAL (INCLUDING T-1 ZONE) ZONE DISTRICTS; AND DECLARING AN EMERGENCY
WHEREAS, in 1999, the City of Lafayette established the “Old Town Residential Zone District,” in part to protect, and encourage, appropriate densities and development in the residential area historically associated with “Old Town” Lafayette; and WHEREAS, following the establishment of the Old Town Residential Zone District (“OTR”), the economy was such that the results of the zoning regulations for the OTR zone district were not readily apparent; and WHEREAS, recent increased development activities in the state in general, and specifically in Lafayette, have resulted in the construction of structures of such mass and scale with densities that may be detrimental to the goals of preserving the character of Old Town and that were sought to be achieved in the OTR zone district; and WHEREAS, the City secured the assistance of a consultant and, with public input, undertook a study of potential changes to the City’s land use code to address preserving the character of Old Town; and WHEREAS, as a result of this study, proposed changes to the City’s zoning code affecting design criteria in and adjacent to the OTR zone district were prepared and presented to the City’s Planning Commission; and WHEREAS, the City’s Planning Commission has conducted public hearings, and has recommended that the City Council to enact code changes to chapter 26 of the Lafayette Code of Ordinances to address the preservation of the character of Lafayette’s Old Town Neighborhoods; and WHEREAS, City Council anticipates it will consider and act upon such recommended ordinance within the next 90 days; and WHEREAS, in the absence of a moratorium, the submission of applications for building permits in the Affected Area in anticipation of enactment of the proposed design criteria changes may well defeat the purpose of the proposed changes; and
WHEREAS, the imposition of a 90-day moratorium on the acceptance and processing of applications for, and the issuance of, any building permit for new structures and substantial additions to existing structures in the OTR zone district, and those certain areas adjacent to or nearby the OTR district, all as shown and designated on Exhibit A attached hereto as “Area to be reviewed as part of potential Design Review Criteria” (the “Affected Area”), will preserve the status quo, and allow City Council to investigate, consider, and adopt amendments, if advisable, to the Lafayette Code of Ordinances pertaining to zoning regulations in the Affected Area; and WHEREAS, the duration of the moratorium imposed by this ordinance is reasonable in length and is no longer than is required for the City to properly develop, adopt and implement amendments to the Lafayette Code of Ordinances pertaining to regulations in the Affected Area; and WHEREAS, owners and developers of real property in the Affected Area desiring to construct new structures, or significantly increase the size of existing structures, will not be unfairly prejudiced by the imposition of the short, temporary moratorium proposed by this ordinance; and WHEREAS, City Council finds and declares that an emergency exists and that it is necessary that this ordinance become effective immediately upon adoption at a single reading to preserve the public’s peace, safety and welfare because of the need to prevent permanent improvements that will be detrimental to the character of the Affected Area. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO, AS FOLLOWS: Section 1. A moratorium is imposed upon the acceptance and processing of applications for, and the issuance of, any building permits for new structures and for significant additions to existing structures in the OTR zone district, and those certain areas adjacent to or nearby the OTR district, all as shown and designated on Exhibit A attached hereto as “Area to be reviewed as part of potential Design Review Criteria” (the “Affected Area”). For the purposes of this ordinance, a “significant addition” is any construction that would result in more than a 20% increase in finished or unfinished livable square footage, including basements and lofts. Section 2. The moratorium imposed by this ordinance shall commence as of the effective date of this ordinance and shall expire 90 days thereafter, unless sooner repealed. Section 3. The City Council shall have the power to grant a special exception to the moratorium established in Section 1 of this ordinance, and to order the acceptance and processing of applications, and the issuance of a building permit, that would otherwise be prohibited by this moratorium, if the following conditions are met, as determined in the sole satisfaction and discretion of City Council: a) A written application for a special exception must be submitted indicating the exact nature of the project proposed and building permit, sought to be obtained and stating with particularity the circumstances of the undue, substantial hardship that the applicant will suffer if the special exception is not granted; 2
b) Within thirty (30) days the City Council shall hold a public hearing on the application for special exception. Notice shall be given at least 10 days in advance of the public hearing. The owner of the property, or agent, shall be notified by mail. Notice of such hearing shall be posted on the property and shall be published in a newspaper with general circulation within the City of Lafayette at least ten (10) days prior to the public hearing. c)
City Council may grant the special exception if it finds all of the following:
(i) The issuance of the building permit is necessary to prevent undue, substantial hardship for the applicant; and (ii) The issuance of the building permit will not affect the public interest or the purpose and reasons for this moratorium; and (iii) The issuance of the building permit will be in accordance with all of the ordinances and regulations of the City of Lafayette as if the moratorium were not in effect. Section 4. The provisions of this ordinance and the moratorium imposed hereby shall not affect or otherwise prohibit the processing of applications for and the issuance of building permits outside of the Affected Area, or additions to existing structures within the Affected Area that constitute less than 20% of an increase in finished or unfinished livable square footage, including basements and lofts. Section 5. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 6. The repeal or modification of any provision of the Code of Ordinances of Lafayette, Colorado by this ordinance shall not release, extinguish, alter, modify or change in whole or in part any penalty, forfeiture or liability, either civil or criminal, which shall have been incurred under such provision. Each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions for enforcement of the penalty, forfeiture or liability, as well as for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered or made in such actions, suits, proceedings or prosecutions. Section 7. This ordinance is deemed necessary for the protection of the health, welfare and safety of the community. Section 8. This ordinance shall take effect immediately upon its adoption at one reading in accordance with Section 7.3 of the Charter of the City of Lafayette, Colorado.
3
INTRODUCED, PASSED AND FINALLY ADOPTED, AND POSTING ORDERED, ON THE 5th DAY OF JULY, 2017.
CITY OF LAFAYETTE, COLORADO
____________________________________ Christine Berg, Mayor
ATTEST:
APPROVED AS TO FORM:
__________________________________ Susan Koster, CMC City Clerk
____________________________________ David S. Williamson, City Attorney
4
RECORD OF PROCEEDINGS CITY OF LAFAYETTE
CITY COUNCIL MEETING June 19, 2017 Call to Order The June 19, 2017, City Council Meeting began at 6:08 p.m. in the Council Chamber at Lafayette City Hall, 1290 S. Public Road in Lafayette, Colorado. Roll Call Those in attendance included Mayor Christine Berg and Mayor Pro Tem Gustavo Reyna; and Councilors Brad Wiesley, Merrily Mazza, Alexandra Lynch, Chelsea Behanna, and Stephanie Walton. Also present were Acting City Administrator Steve McFarland, Fire Chief Dave Friedel, City Clerk Susan Koster, Assistant City Manager/Economic Development Director Roger Caruso, City Attorney Dave Williamson, City Attorney Bill Hayashi, Public Works Director Doug Short, and Planning Director Karen Westover. Council Workshop Public Works Enterprise Funds Public Works Director Short reported on the financial status of the Water, Water Reclamation, and Stormwater Enterprise Funds. Return to Regular Session Public Input David Moss (Lafayette) spoke in favor of the My Second Home Daycare center but expressed concerns about the concrete divider at the entrance to the development. Brad Borncamp (Lafayette) spoke in support of the daycare center but asked that the item be pulled from the Consent Agenda to discuss traffic more fully. Doug Conarroe (Lafayette) expressed concern about miscalculation in the storm water fund and requested that Council look into how that happened. Windy Gap Water Purchase / Supplemental Appropriation for 2017 Budget Acting City Administrator McFarland presented the first reading of Ordinance No. 25, Series 2017. He said the ordinance is necessary to amend the 2017 Budget for the purchase of Windy Gap water approved in May of 2017. A motion was made by Mayor Pro Tem Reyna and seconded by Councilor Lynch to approve on first reading Ordinance No. 25, Series 2017, amending the Budget as stated. The motion passed unanimously. Proclamation A motion was made by Councilor Behanna and seconded by Councilor Mazza to proclaim July 2017 as Park and Recreation Month. The motion passed unanimously.
Lafayette City Council Meeting June 19, 2017 Page 2 Consent Agenda Mayor Berg read the Consent agenda. D. Minutes of Regular Council Meeting of June 6, 2017 E. Second Reading / Ordinance No. 17, Series 2017 / Comprehensive Plan Amendment / Changing Land Use Designation from ‘Institutional’ to ‘High Density Residential’ F. Second Reading / Ordinance No. 18, Series 2017 / Rezoning from DR (Developing Resource) to R4/PUD (High Density Residential/Planned Unit Development) G. Second Reading / Ordinance No. 19, Series 2017 / Vacating the East/West Alley Right-OfWay, Between East Baseline Road and East Geneseo Street from the Western Boundary of Lot 2, Block 1 to the Eastern Most Point of the Platted Alley H. Second Reading / Ordinance No. 20, Series 2017 / Authorizing Execution of a Quit Claim Deed for that Portion of the BNSF Right-Of-Way Property that Underlies the Former Lafayette Feed & Grain Retail Store Structures I. Second Reading / Ordinance No. 21, Series 2017 / Repealing and Reenacting Portions of the Municipal Code / Chapter 104 Stormwater J. Second Reading / Ordinance No. 22, Series 2017 / Repealing in its Entirety Section 120-16 of the Lafayette Code of Ordinances Regarding Water Irrigation Penalties K. Second Reading / Ordinance No. 23, Series 2017 / Amending Section 28-30 of the Lafayette Code of Ordinances Regarding Public Art Fees L. Second Reading / Ordinance No. 24, Series 2017 / Vacating Access and Utility Easements M. Resolution No. 2017-32 / Assigning Lafayette’s 2017 Private Activity Bonds to the Colorado Housing and Finance Authority N. Lot 2 Baseline Business Center / My Second Home / Site Plan Architectural Review O. Emergency Contract / Feed and Grain Sanitary Main Reconstruction / Hirschfeld Backhoe & Pipeline, Inc. P. Contract / Orange Zone Line Phase II Construction Management / Merrick and Company Q. Contract / Goose Haven Reservoir Expansion Construction Management / Merrick and Company R. Contract / Merry Lane Environmental Study / ERO Resources S. Purchase Orders and Amendments Item N was were pulled from the Consent Agenda for further discussion. A motion was made by Councilor Behanna and seconded by Mayor Pro Tem Reyna to approve the remainder of the Consent Agenda. The motion was approved unanimously. Item N. Council discussed traffic flow in and out of the My Second Home daycare site. Developer Rick Krivjansky of BRK Management addressed traffic counts at peak times of the day and talked about parking for the facility.
Lafayette City Council Meeting June 19, 2017 Page 3
A motion was made by Councilor Behanna and seconded by Mayor Pro Tem Reyna to approve Lot 2 Baseline Business Center / My Second Home / Site Plan Architectural Review. A motion was made by Mayor Berg and seconded by Councilor Behanna to amend the motion by adding a condition that the number of parking spaces be reduced to the minimum required by code. The motion to amend passed unanimously. A vote was taken on the original motion as amended. It passed 6 to 1 with Councilor Walton voting no. Emergency Ordinance / Vacation of Easements and Portions of Aspen Ridge Drive City Attorney Williamson said the ordinance is necessary in order to re-authorize and extend time frames associated with rezoning, final plan approval, and vacations of portions of Aspen Ridge Drive and the various, unnecessary public easements, which are the subject of Ordinance Nos. 15 and 16, Series 2017, so the recordation of the final PUD/Plan/Final Plat may go forward. A motion was made by Councilor Lynch and seconded by Councilor Mazza to pass the Ordinance No. 26, Series 2017 / Reenacting and Amending Ordinance Nos. 15 and 16, Series 2017 Pertaining to the Vacation of Certain Easements and Portions of Aspen Ridge Drive within West Ridge Filing No. 1, to Extend the Time to record the West Ridge Filing No. 1, Replat B Final Plan/PUD/Final Plat, and Other Conditions of the Approval of the Final Plan/PUD, and Declaring an Emergency. The motion passed unanimously. Special Meeting City Attorney Williamson said it is necessary to enter into an Intergovernmental Agreement with Boulder County before June 30, 2017, regarding the purchase of 23 acres from Flatirons Church. He said this deadline creates the need for a Special Council Meeting. A motion was made by Councilor Lynch and seconded by Councilor Walton to call a Special Meeting of the Lafayette City Council on Wednesday, June 28, 2017, at 5:00 p.m. The motion passed unanimously. Raising the Cap on Marijuana Cultivation/Products Manufacturing Licenses City Clerk Koster and City Attorney Hayashi answered Council questions about the City’s marijuana licensing program. A motion was made by Councilor Behanna and seconded by Mayor Pro Tem Reyna to direct staff to prepare an ordinance raising the number of premises allowed to be licensed for marijuana cultivation from 8 to 12. The motion passed unanimously. Proclamation A motion was made by Councilor Behanna and seconded by Mayor Pro Tem Reyna to approve a proclamation Reaffirming Lafayette’s Commitment to Planet-Friendly Policies. The motion passed unanimously. Council Reports Mayor Berg said the City has been invited to join an amicus brief with Boulder County in support of the lower court’s decision in the case of Earth Guardian vs COCCG. Mayor Berg will contact Boulder County for more information, including fee sharing and the substance of the brief, and report back to Council. Council agreed to revisit the use of insecticides by Lafayette residents and Home Owners Associations through an integrated outreach program, utilizing education and incentives.
Lafayette City Council Meeting June 19, 2017 Page 4
Councilor Mazza inquired about the ordinance requiring the mapping of existing and abandoned oil and gas infrastructure. City Attorney Williamson said he would bring a draft to the August 15, 2017 Council Meeting. The meeting adjourned at 8:15 p.m. CITY OF LAFAYETTE, COLORADO
ATTEST
___________________________________ Christine Berg, Mayor
_________________________________ Susan Koster, CMC City Clerk
The minutes herein are a summary of the business conducted at this meeting, not a verbatim transcription. Only the actions taken and the text appearing in quotation marks are verbatim.
RECORD OF PROCEEDINGS CITY OF LAFAYETTE
CITY COUNCIL MEETING June 28, 2017 Call to Order The June 28, 2017 Special City Council Meeting began at 5:00 p.m. in the Council Chamber at Lafayette City Hall, 1290 S. Public Road, Lafayette, Colorado. Roll Call Those in attendance included Mayor Christine Berg and Councilors Brad Wiesley, Alexandra Lynch, Stephanie Walton, and Merrily Mazza. A motion was made by Councilor Lynch and seconded by Councilor Mazza to excuse Councilor Behanna and Mayor Pro Tem Reyna. The motion passed unanimously. Also present were City Administrator Gary Klaphake, Assistant City Administrator / Economic Development Director Roger Caruso, Deputy City Clerk Susan Barker, and City Attorney Dave Williamson. Public Input Bonnie Freeman, Emma St. Lafayette voiced her concerns regarding costs for the infrastructure and the traffic challenges that currently exist on Emma St. Resolution No. 2017-33 Resolution No. 2017-33 / Intergovernmental Agreement / Consideration of and IGA with Boulder County pertaining to the Acquisition of Real Property to be used for Development of an Affordable Housing Community / Lafayette and Boulder County. City Administrator Klaphake introduced the Resolution and outlined the provisions of the IGA. He spoke to the concerns voiced during public input. Housing Division Manager Norrie Boyd from Boulder County Housing Authority spoke about the County’s excitement to partner with Lafayette in developing a community of mixed use affordable housing. A motion was made by Councilor Lynch and seconded by Councilor Walton to approve Resolution No. 2017-33 / Intergovernmental Agreement / Consideration of and IGA with Boulder County pertaining to the Acquisition of Real Property to be used for Development of an Affordable Housing Community / Lafayette and Boulder County. Councilor Lynch then amended her motion to approve the resolution as presented, but with a request that the Boulder County Commissioners consider a modification to the IGA to increase the amount of time the units would remain affordable from 20 years to “in-perpetuity”, which alteration, if approved by the Commissioners, would be encompassed into Council’s approval. Councilor Walton agreed to the amendment. The motion as amended passed unanimously. Mayor Berg said the Boulder County Commissioners wanted to check in with the Council regarding the Martinez vs COGCC amicus brief. The City Attorney said Boulder County is filing an amicus brief tomorrow and if Lafayette wanted to be included the Council would need to make that decision tonight in order to meet the deadline. Council was provided a copy of the draft brief that Boulder County proposed
Lafayette Special City Council Meeting June 28, 2017 Page 2 to file. A motion was made by Councilor Mazza and seconded by Councilor Lynch to approve Lafayette’s participation in the Martinez amicus brief and to authorize the City Attorney to sign onto the brief on behalf of the City. The motion passed unanimously.
Adjourn The meeting was adjourned at 6:48 p.m.
CITY OF LAFAYETTE, COLORADO
ATTEST
___________________________________ Mayor Christine Berg
__________________________________ Susan Barker, CMC Deputy 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:
Monte Stevenson, Director of Parks, Recreation & Open pace
DATE:
July 5th, 2017
SUBJECT:
Contract / Fire Sprinkler System Replacement at Fire Station #1 / Karmichael & Company Fire Protection Systems, Inc.
Recommendation: Approve contract with Karmichael & Company Fire Protection Systems, Inc. in the amount of $48,850 for fire sprinkler system at Fire Station #1. Background: In 2016, $155,000 was appropriated for Fire Station #1 sprinkler system replacement, fire alarm replacement, and subsequent painting and drywall patching. The project was not completed in 2016 and funds were carried over to 2017 for completion of the project. Veritas Fire Engineering, Inc. was contracted to complete the design work for the new system. Plans were provided in early 2017, and approved by City Fire Marshall, Norm Kellett. The contract with Karmichael & Company for $48,850 will be utilized for the fire sprinkler replacement component of the entire project with the remainder of the funds used for fire alarm replacement and subsequent painting and drywall patching. Due to the specialized nature of each component of the project, the fire alarm replacement as well as painting and drywall patching will be addressed in separate contracts, both to be completed in the 2017 fiscal year. The City bid to five potential contractors and received only two qualified bids for fire sprinkler replacement component of the project. Staff is recommending the contract be awarded to Karmichael & Company Fire Protection Systems, Inc.
Fiscal Impact: $48,850 Attachments: None
(Account # 01-555-9522)
STAFF REPORT TO:
Gary Klaphake, City Administrator
FROM:
Monte Stevenson, Parks, Recreation and Open Space Director
DATE:
July 5, 2017
SUBJECT:
Contract / Final Plan Design at Indian Peaks Patio and Office Addition / Essenza Architecture
Recommendation: Approve contract with Essenza Architecture to finalize the design plan for the expansion of the patio and office space at the Indian Peaks Clubhouse. Background: Goal 1.1 of the Parks, Recreation, Open Space and Trails Master Plan (PROST) recommends improving the capacity of staff through more efficient consolidation and expansion of operation areas. In unison with Goal 1.1, Strategy 1.1.2 of the PROST plan recommends creating more efficient personnel work stations and meeting spaces for maintenance operations. On January 1, 2017, the Parks, Open Space and Golf and the Recreation, Facility Maintenance and Senior Services departments merged into one department. One of the goals for this consolidation and restructure is to decompress existing staff operation areas and find solutions for more effective space for offices and staffing areas. Presently the Open Space division is sharing staff space with the Golf Course Maintenance division and the administrative offices for the department are utilizing a construction trailer located next to the golf course maintenance facility. If the final plan design contract with Essenza is approved, the department admin offices will move to the newly designed offices to create a more centralized office and meeting space for the department. The Open Space division would then move into the existing administrative offices to help alleviate space for the Golf Course Maintenance division, providing more space for both operations. In March of 2017, City Administration approved a contract with Essenza Architecture to develop a concept and schematic design for expansion of offices and patio space at the Indian Peaks Clubhouse. If the final plan design is approved by Council this evening, Essenza will develop the schematic design into construction plan documents for the bidding process. City Council would then be asked at a later date to consider awarding a contract to a qualified builder. The importance of project timing cannot be understated, as this project should be implemented in the off-season for the golf course clubhouse operations. The added benefits for the Clubhouse operations is the renovation of patio deck area and the added rentable space for small groups in the private meeting room. The plan also contemplates improvements that will provide better flow for daily golf patrons and the food service area.
As part of the annual budget process, for three fiscal years City Council has approved laying aside funds for the future expansion of facilities within the department. Funding for the project would be taken from the Parks, Open Space and Golf consolidation fund balance and would be a shared expenditure between the divisions. Fiscal Impact: Not to Exceed 9.5% of the Total Construction Costs. Currently estimated at $102,340 Site/Facility Improvements (#34-430-9522) Attachments: Concept-Schematic Design Plan
BRIDGE
CART PULL OFF
A
B
A501
C
1
D
E
F
GAS AND WATER FOR FUTURE OUTDOOR KITCHEN
TENT PAD (E)
PLANTER BOX BELOW RAILING ALTERNATE
STEP LIGHTS EVERY VERTICAL FACE AT EVERY THIRD RISER AND AT ALL TERRACED STAIR RISERS
COLORED AREA INDICATES NEW DECK SPACE
HIGH TOP TABLES
CIRCULATION
LOW BRICK PILASTER W/ STEP LIGHTS TYP.
BUILT IN TREX BENCHES
1
117 1672 SF
ACCESS DOOR TO GRILL
COVERED CREDENZA (BELOW WINDOW)
102 146 SF
STORAGE 103 119 SF
101 253 SF
WOMEN'S 104 66 SF
MEN'S
RECESSED PROJECTOR SCREEN
CORRIDOR
126 1003 SF
2 PRO SHOP ACCESS (E)
PROS OFFICE 120 134 SF
121 80 SF
(E) PROSHOP
108 544 SF
122 1030 SF
106 151 SF
3
124 644 SF
A500 2
CART PATH (E)
STORAGE
105 69 SF
(E) KITCHEN
(E) SERVICE YARD
WHITE AREA INDICATES NEW COVERED PATIO AND NEW INDOOR ADDITIONS
BANQUET ROOM
COPY ROOM 107 160 SF
113 310 SF
119 300 SF
OFFICE 2
OFFICE 1
COVERED DECK
MIXED GRILL
SCORE BOARD
SERVICE DRIVE (E)
GRAY INDICATES (E)
UPPER DECK
FIRE PIT
NEW SIDEWALK
PLANTER BOX BELOW RAILING ALTERNATE
(E) DOCK
(E) MIXED GRILL 109 1670 SF
(E) RESTROOM 127 188 SF
(E) RESTROOM 123 185 SF
128 179 SF
2
FOYER 125 276 SF
4
5
DATE: 06/14/17
INDIAN PEAKS GOLF CLUBHOUSE SITE / FLOOR PLAN VIEW
A501
DATE: 06/27/17
INDIAN PEAKS GOLF CLUBHOUSE 3D ISOMETRIC STUDY
STAFF REPORT TO:
Gary Klaphake, City Administrator
FROM:
Monte Stevenson, Director of Parks, Recreation and Open Space
DATE:
July 5th, 2017
SUBJECT:
Contract Renewal / Grant Award for Lafayette Youth Advisory Committee / Boulder County Public Health
Recommendation: Approve 2017 Boulder County Public Health (BCPH) contract renewal, as recommended by the Lafayette Youth Advisory Committee (LYAC). Contract provides $10,500 for LYAC work on their ‘Lafayette’s Choice’ project. Background: In 2016, Lafayette Youth Advisory Committee received a grant from Boulder County Public Health (BCPH) to support their work on a program encouraging youth to choose water over sugary beverages. LYAC successfully fulfilled the terms of the 2016 agreement. BCPH is offering a renewal of that agreement, to continue work on the program. The 2017 renewal will provide the opportunity to continue community outreach regarding the benefits of water and harms of sugary drinks. This work will include development of a strategic plan and implementation of a campaign to pass a City policy on healthy children’s meals. Fiscal Impact: $10,500 grant award from BCPH to City of Lafayette Attachments: None
To:
Gary Klaphake, City Administrator
From:
Jon Hoffman, Planner
Date:
June 28, 2017
Subject:
DK East Emma Minor Subdivision and P.U.D. / Extension Approval
Recommendation: Approval of DK East Emma Minor Subdivision and P.U.D. extension until August 1, 2017 Background: The applicant received approval in March 2016 by City Council for the DK East Minor Subdivision and PUD. The approval includes a condition that the Plat be recorded within 60 days on the approval. In the time since the approval the applicant has worked with staff, Xcel energy, and the lending agent to get all required information on the Plat. One of the main issues for the delay was getting the 487 square foot outlot being dedicated to the City for right-of-way purposes free and clear of all liens and encumbrances. There have been no changes to the plans since the approval. The plan includes to subdivision of the 310 E. Emma Street property to create three (3) lots while retaining the home built in 1940 on the property. The property is 22,748 square feet in size and is zoned OTR (Old Town Residential). The minimum lot size in OTR is 7,000 square feet, thus the property is large enough to be subdivided into 3 lots that could meet the minimum lot size requirements. The applicant is proposing to subdivide the property into 3 lots in a manner that retains that portions of the existing home, built in 1940, and mature landscaping. The proposal is to subdivide the property into 3 lots of (Lot 1) 8,546 square feet, (Lot 2) 6,678 square feet, and (Lot 3) 7,037 square feet in size and dedicate a 487 square foot outlot to the City for right-of-way purposes. The applicant now has all the required information and signatures on the Plat. Staff recommends the extension of the approval to allow for recording of the approved plan. Fiscal Impact: Normal fees and charges will apply where applicable. Attachments: • Subdivision Plan • City Council April 2016 Notice of Decision
Planning & Building Department City Council Notice Of Decision Type of Project: Minor Subdivison & PUD
Date: 4-5-16 File Number: MS-8—15, PUD-4-16
Project Name: DK East Minor Subdivision and PUD (Planned Unit Development) Project Summary: The request is to subdivide the property to create three (3) lots while retaining the home built in1940 on the property and the mature landscaping. Applicant/Owner: Dana and Chrysti Kusjanovic Site Location: 310 E. Emma St. – east of Public Road, south of Chester Street, west of Michigan Avenue, and on the south side of Emma Street. Action Taken: City Council approved the DK East Minor Subdivision and PUD (Planned Unit Development) subject to the condition(s) of approval listed below. Conditions of Approval: 1. The subdivision plat shall be recorded within 60 days from the date of this approval. ***************************************************************** Distribution: x File x City Attorney x Building Official x Applicant x LURA City Council x Public Works 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)
1290 S. Public Rd. Lafayette, Colorado 80026 (303) 665-5588 Fax (303) 665-2153
STAFF REPORT To: From: Date: Subject:
Gary Klaphake, City Administrator David Friedel, Fire Chief June 26, 2017 Resolution No. 2017-34 / Approving an Intergovernmental Agreement Establishing The Boulder County Hazardous Material response Authority
Recommendation: Council motion to approve Resolution No. 2017-34, Approving an Intergovernmental Agreement Establishing The Boulder County Hazardous Material response Authority Background: The Boulder County Hazardous Materials Team was created back in 1986, to provide Hazardous Materials response throughout Boulder County, as well as portions of Weld County. The team was mostly comprised of Longmont, Boulder, and Mountain View Fire Departments. In 2008 Lafayette Fire joined the team, and has become an integral part of the Hazardous Materials team, providing full response capabilities. In 2010 all municipalities within Boulder County, as well as unincorporated Boulder County, were requested to pay annually for Hazardous Materials mitigation within their respective jurisdictions in case of a Hazardous Materials event, i.e. leak, spill, Meth Labs, unknown substance, etc. Beginning in 2014, the Team began working towards the formation of a Hazardous Materials Response Authority. This Authority would give the team the governance that it has lacked for the last 30 plus years, and standardize all aspects of the team, providing a quality service with minimum standards for response and daily minimum staffing requirements to all participating municipalities in Boulder County, as well as unincorporated areas of the county. The cost for these services is based on population, currently the City of Lafayette’s population is 27,081, and the cost per capita is $1.58. This number is based on current budgetary requirements to fund and operate the Hazardous Materials Response Authority.
Fiscal Impact: $ 42,787.98 Line Item: 01-220-889000 Attachments: Resolution No. 2017-34
CITY OF LAFAYETTE RESOLUTION NO. 2017-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO, APPROVING AN INTERGOVERNMENTAL AGREEMENT ESTABLISHING THE BOULDER COUNTY HAZARDOUS MATERIALS RESPONSE AUTHORITY
WHEREAS, Article XIV, Section 18(2)(a) of the Constitution of the State of Colorado and Part 2, Article 1, Title 29, C.R.S., encourages and authorizes intergovernmental agreements; and WHEREAS, Sections 29-1-203 and 29-1-203.5, C.R.S., authorize governments to cooperate and contract with one another to provide any function, service, or facility lawfully authorized to each, and to establish a separate political subdivision of the State to do so; and WHEREAS, Section 29-22-103(3), C.R.S., encourages mutual aid agreements between governing bodies, designated emergency response authorities and private entities, for the purpose of enhancing the response to a hazardous materials incident, including procedures for utilizing equipment, personnel and technical assistance; and WHEREAS, Section 29-22-102, C.R.S., requires there be a designated emergency response authority responsible for establishing the capacity to respond to a hazardous materials incidents within the jurisdiction of every town, city or county either through designation by the town, city or county, or automatically through the default provisions of the statute; and WHEREAS, hazardous materials incidents may arise that exceed a jurisdiction’s capabilities in terms of personnel, equipment, training and/or expertise; and WHEREAS, numerous political subdivisions, fire protection districts, and the Sheriff’s Office within Boulder County have agreed to share personnel, equipment, training and expertise necessary for an effective response to a hazardous materials incident that may arise within any of the participating entities; and WHEREAS, the participating entities desire to establish a separate political subdivision that will be responsible for providing and maintaining the entities' combined capability for to respond to a hazardous materials incident. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lafayette, Colorado, as follows: The Intergovernmental Agreement establishing the Boulder County Hazardous Materials Response Authority is approved in substantially the same form, and includes as members the political subdivisions, fire protection districts and public entities, as set forth in the copy attached hereto and made a part of this resolution with the Mayor being authorized to sign the intergovernmental agreement on behalf of the City. 1
RESOLVED AND PASSED THIS 5TH DAY OF JULY, 2017. CITY OF LAFAYETTE, COLORADO
ATTEST: _______________________ Susan Barker, CMC Deputy City Clerk APPROVED AS TO FORM: __________________________________ David S. Williamson, City Attorney
_________________________________ Christine Berg, Mayor
INTERGOVERNMENTAL AGREEMENT ESTABLISHING THE BOULDER COUNTY HAZARDOUS MATERIALS RESPONSE AUTHORITY This INTERGOVERNMENTAL AGREEMENT ESTABLISHING THE BOULDER COUNTY HAZARDOUS MATERIALS RESPONSE AUTHORITY ("Agreement") is made and entered as of the Effective Date (defined below) by and among the following local governments that have signed this Agreement by the Effective Date, which are referred to individually as a "Member" and collectively as the "Members": 1. BOULDER COUNTY, a political subdivision of the State of Colorado hereinafter referred to as "Boulder County"; 2. CITY OF BOULDER, a home rule municipality, incorporated and existing under the laws of the State of Colorado, hereinafter referred to as "Boulder"; 3. CITY OF LAFAYETTE, a home rule municipality, incorporated and existing under the laws of the State of Colorado, hereinafter referred to as "Lafayette"; 4. CITY OF LONGMONT, a home rule municipality, incorporated and existing under the laws of the State of Colorado, hereinafter referred to as "Longmont"; 5. CITY OF LOUISVILLE, a home rule municipality, incorporated and existing under the laws of the State of Colorado, hereinafter referred to as "Louisville"; 6. LOUISVILLE FIRE PROTECTION DISTRICT, a political subdivision of the State of Colorado; 7. LYONS FIRE PROTECTION DISTRICT, a political subdivision of the State of Colorado; 8. ROCKY MOUNTAIN FIRE PROTECTION DISTRICT, a political subdivision of the State of Colorado; 9. MOUNTAIN VIEW FIRE PROTECTION DISTRICT, a political subdivision of the State of Colorado; and, 10. Colorado.
BOULDER COUNTY SHERIFF'S OFFICE, a public entity of the State of
11. TOWN OF WARD, a home rule municipality, incorporated and existing under the laws of the State of Colorado, hereinafter referred to as “Ward”, 12. TOWN OF JAMESTOWN, a home rule municipality, incorporated and existing under the laws of the State of Colorado, hereinafter referred to as “Jamestown”, 13. 2346175.7
TOWN OF NEDERLAND, a home rule municipality, incorporated and existing Page 1 of 20
under the laws of the State of Colorado, hereinafter referred to as “Nederland”, RECITALS WHEREAS, Article XIV, Section 18(2)(a) of the Constitution of the State of Colorado and Part 2, Article 1, Title 29, C.R.S., encourages and authorizes intergovernmental agreements; WHEREAS, Sections 29-1-203 and 29-1-203.5, C.R.S., authorize governments to cooperate and contract with one another to provide any function, service, or facility lawfully authorized to each, and to establish a separate political subdivision of the State to do so; WHEREAS, Section 29-22-103(3), C.R.S., encourages mutual aid agreements between governing bodies, designated emergency response authorities and private entities, for the purpose of enhancing the response to a Hazardous Materials Incident (defined below), including procedures for utilizing equipment, personnel and technical assistance; WHEREAS, Section 29-22-102, C.R.S., requires there to be a designated emergency response authority ("DERA") responsible for establishing the capacity to respond to a Hazardous Materials Incident within the jurisdiction of every town, city or county either through designation by the town, city or county or automatically through the default provisions of the statute; WHEREAS, it is recognized that a Hazardous Materials Incident may arise within the jurisdiction one or more of the Members that exceed its capabilities in terms of personnel, equipment, training and/or expertise; WHEREAS, the Members have agreed to share personnel, equipment, training and expertise necessary for an effective response to a Hazardous Materials Incident that may arise within the jurisdiction of one or more of the Members; and, WHEREAS, the Members wish to establish a separate political subdivision that will be responsible for providing and maintaining the Members' combined capability for effective response to a Hazardous Materials Incident. NOW THEREFORE, in consideration of the mutual covenants contained herein, the Members agree as follows: AGREEMENT ARTICLE 1 - ORGANIZATION AND PRINCIPAL PLACE OF BUSINESS 1.1
Organization. There is hereby established the "Boulder County Hazardous Materials Response Authority" ("Authority"), which shall constitute a separate political subdivision of the State pursuant to Sections 29-1-203 and 29-1-203.5, C.R.S., an "emergency response authority" pursuant to Section 29-22-103, C.R.S., and a "public entity" within the meaning of the Colorado Governmental Immunity Act, Section 24-10-101, C.R.S., et seq. The Authority is established in conformity with Section 29-1-203.5, C.R.S. and the provisions of that statute shall apply to the Authority.
2346175.7
Page 2 of 20
1.2.
Principal Place of Business. The Board will establish the Authority's principal place of business, which initially will be 225 Kimbark, Longmont, CO 80501. ARTICLE 2 -DEFINITIONS
As used in this Agreement, the following words and terms shall have the following meanings, except as specified otherwise: 2.1
"Annual Budget" means the fiscal plan adopted annually by the Board regarding anticipated revenues and expenditures, and the funding of or expenditure from the General Operating Fund, the Capital Improvement Fund and/or the Contingency Fund during the ensuing Fiscal Year.
2.2
"Annual Contribution" means funds contributed to the Authority by each Member, at a level determined by the Board as sufficient to fund the Authority's General Operating Fund, the Capital Improvement Fund and/or the Contingency Fund each Fiscal Year, to be calculated in accordance with Section 7.2.
2.3
"Board" means the Board of Directors for the Boulder County Hazardous Materials Response Authority, as established by this Agreement, or as may be adjusted from time to time by a Super Majority of the Board. All legislative power of the Authority is vested in the Board.
2.4
"Capital Improvement Fund" means a reserve fund established for the repair, replacement or purchase of Hazardous Materials Response Equipment.
2.5
"Contingency Fund" means a reserve fund of ten percent of the preceding Fiscal Year's actual expenditures from the General Operating Fund and the Contingency Fund (if any), which shall be used to defray the costs of unanticipated or unreimbursed operating expenses.
2.6
"Director" means a member of the Board.
2.7
"Effective Date" means September 1, 2017.
2.8
"Fiscal Year" means the fiscal year of the Authority, which is concurrent with the calendar year.
2.9
"General Operating Fund" means a fund into which all Annual Contributions, and all other revenues from any source, are deposited and from which all financial obligations and expenditures of the Authority are paid (except for the repair, replacement or purchase of Hazardous Materials Response Equipment that is paid for directly from the Capital Improvement Fund).
2346175.7
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2.10
"Hazardous Materials" means any Materials, material, waste, or mixture designated as a hazardous material, waste, or Materials according to 49 Code of Federal Regulations Part 172, as amended, or by Section 18-13-112(2)(b), C.R.S., or as designated pursuant to the federal "Comprehensive Environmental Response, Compensation and Liability Act of 1980".
2.11
"Hazardous Materials Incident" means any emergency circumstance involving the discharge of a Hazardous Materials which threatens immediate and irreparable harm to the environment or the health and safety of any individual other than individuals exposed to the risks associated with Hazardous Materials in the normal course of their employment. The term "Hazardous Materials Incident" includes "Bioterrorism" and "Disaster", as defined in Section 24-33.5-703, C.R.S.
2.12
"Hazardous Materials Response Equipment" means equipment that has been specifically designed and outfitted for use in a Hazardous Materials Incident, including mobile equipment, such as vans and other vehicles; personal protective equipment; and, detection/monitoring devices.
2.13
"Hazardous Materials Response Team" means those personnel specifically trained and equipped, pursuant to this Agreement, to respond to, and then remove, contain and mitigate, a Hazardous Materials Incident. These personnel may be deployed as a single team or as multiple teams, depending upon the operational criteria determined through the governance process established below.
2.14
"Majority" means one more than half the Directors present at a regular, special or emergency meeting where a quorum of Directors are present in-person, telephonically or by any other media by which each Director can hear and be heard by the other Directors and the audience.
2.15
"Quorum" means more than one-half the number of Directors serving on the Board at the time of the regular, special or emergency meeting, whether participating in-person, telephonically or by any other media by which each Director can hear and be heard by the other Directors and the audience. A vacant Director position will not be counted for purposes of determining if a quorum is present. A Director who abstains from a vote will still be counted for purposes of determining if a quorum is present.
2.16
"Responsible Party" means the person, business, agency, firm, corporation, or other such organization by any other name that is deemed financially responsible for a Hazardous Materials Incident under Colorado or Federal law and includes the "person or persons who have care, custody, and control" as described in Section 29-22-104, C.R.S., as may be amended.
2.17
"Service Area" means, all areas where the signatory agencies are the DERA, as may be adjusted from time to time by a Super Majority of the Board.
2346175.7
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2.18
"Super Majority" means at least sixty-six percent (66%) of the Directors at the time of a regular or special meeting where a quorum of Directors are present in-person, telephonically or by any other media by which each Director can hear and be heard by the other Directors and the audience. ARTICLE 3 – PURPOSE, DESIGNATIONS, FUNCTIONS AND SERVICES
3.1
Purpose. The purpose of the Authority is to provide the Service Area with the organized administration and operation of a Hazardous Materials response program ("Program"). The Authority's primary focus will be to promote the safety of the public within the Service Area and to promote the safety of the Members' personnel.
3.2
Designation. Each Member shall designate a DERA as required by Section 29-22-102, C.R.S., as may be amended. The Authority cannot be the DERA designated by the individual Members pursuant to Section 29-22-102, C.R.S., as may be amended. The individual DERAs shall retain all responsibilities under Section 29-22-102, C.R.S., as may be amended.
3.3
Functions and Services. The Authority, through its Board, shall have the following powers, and shall perform the following functions and services: 3.3.1
Establish, administer and operate the Program. The Program shall be provided in addition to, and not in place of, any already existing Hazardous Materials equipment and personnel within a Member's jurisdiction.
3.3.2
Acquire, lease, operate, maintain, repair, replace or sell real and personal property, systems, equipment and other materials necessary to facilitate the administration and operation of the Program, including all real and personal property transferred or leased to it by Members.
3.3.3
Acquire, lease, operate, maintain, repair, replace or sell Hazardous Materials Response Equipment.
3.3.4
Train and deploy personnel to maintain and operate the Hazardous Materials Response Equipment throughout the Service Area.
3.3.5
Maintain and follow the Incident Command System as provided for by the National Incident Management System.
3.3.6
Enter into mutual aid or similar agreements with any governing body, emergency response authority or private entity, whether for-profit or non-profit, as anticipated by Section 29-22-102, C.R.S., as may be amended.
3.3.7
Establish a Hazardous Materials Response Team for the purposes of training, education, coordination, and rapid deployment of qualified personnel in the event of a Hazardous Materials Incident. All team members shall at all times remain employees or volunteers of their respective participating Members, and under no
2346175.7
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circumstance shall any personnel of the Hazardous Materials Response Team be deemed to be an employee or volunteer of the Authority. 3.3.8
Collect and disburse all funds related to administering and operating the Program and establish such banking accounts and relationships necessary for this purpose.
3.3.9
Maintain separate asset inventory schedules for all real or personal property transferred from a Member or acquired by the Authority, whether through purchase, donation, grant or otherwise.
3.3.10 Determine the level of service to be provided to the citizens and property within the Service Area. 3.3.11 Enter into, make and perform contracts of every kind as authorized by law with other local governmental entities, the State of Colorado or any political subdivision thereof, the United States, or any political subdivision thereof, and any individual, firm, association, partnership, corporation, or any other organization of any kind. 3.3.12 Employ personnel and hire agents, including, but not limited to, accountants, auditors, attorneys, and consultants as it deems appropriate. 3.3.13 Receive contributions, gifts, donations, bequests, or grants of any type or nature, including but not limited to cash, real or personal property, equipment, or services. 3.3.14 Adopt policies and procedures with respect to the exercise of its powers and carrying out of its purposes. 3.3.15 Obtain and maintain general liability and management liability insurance coverage, and such other insurance as it deems appropriate or as may be required by law. 3.3.16 Exercise any other powers that are necessary for the Authority to perform the functions and services set forth in this Agreement, or implied or inherent to the powers granted the Authority by this Agreement or by law. 3.3.17 Provide such other services or functions reasonably related to the administration and operation of the Authority, and implementation of the Program, as may be authorized by law to the Members, and as determined by the Board to be in the best interest of the Members, and the citizens and property within the Service Area. ARTICLE 4 – MEMBERSHIP
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4.1
4.2
Member Assets. Upon Board approval, a Member may retain, transfer or lease to the Authority Hazardous Materials Response Equipment, or other equipment that would assist in the Authority's administration and/or operation, under the following terms: 4.1.1
Member Retained Equipment. A Member may retain ownership of any Hazardous Materials Response Equipment it owns or acquires as part of its operations ("Retained Equipment"). The Member shall maintain general liability and property insurance on the Retained Equipment. With the Member’s consent, the Retained Equipment may be used as a resource to the Authority to assist in the Authority's administration and/or operation. The Authority will reimburse the Member for all reasonable repair and maintenance costs associated with the Retained Equipment provided that the Retained Equipment is available for use by the Authority.
4.1.2
Title Transfer. Subject to Board approval, a Member may transfer to the Authority legal title to Hazardous Materials Response Equipment, or other equipment that would assist in the Authority's administration and/or operation ("Transferred Equipment"). The Member shall execute the necessary documents to transfer full legal title to the Authority. The Member will provide any supporting documentation contained in the Member's regularly maintained business records relating to the Transferred Equipment including, but not limited to, purchase contracts, maintenance records, inspection reports, and/or title history. Once title is transferred to the Authority, the Member shall have no further interest, right or title to the Transferred Equipment other than the rights as set forth in Article 8 upon termination of this Agreement.
4.1.3
Leased Equipment. Subject to Board approval, a Member may, for a nominal fee, lease to the Authority Hazardous Materials Response Equipment, or other equipment that would assist in the Authority's administration and/or operation ("Leased Equipment"). The Member shall execute the necessary documents to create a binding agreement that includes lease terms that have been mutually agreed on by the Member and the Board ("Lease"). The Member shall maintain general liability and property insurance on the Leased Equipment. The Board, in its sole discretion, may obtain any insurance it deems necessary to insure the Leased Equipment. Upon termination of this Agreement pursuant to Article 8, the Lease shall immediately terminate and the Leased Equipment shall revert back to the Member.
Involuntary Termination of Member. The Board may terminate a Member upon the occurrence of either the Member's breach of this Agreement ("Breach") or the Member's failure to pay in full at the required time its Annual Contribution ("Failure to Pay"). The procedure for such termination shall be as follows: 4.2.1
2346175.7
Super Majority Vote. Termination shall require a Super Majority vote of the Board at a regular or special meeting during which the accused Member shall have
Page 7 of 20
the opportunity to present relevant evidence in its defense as determined by the Board.
4.3
4.2.2
Opportunity to Cure. If the Board votes to terminate a Member as set forth above, the Member shall have thirty calendar days to cure a Breach, or ten calendar days to cure a Failure to Pay, as applicable.
4.2.3
Economic Hardship. The Members to this Agreement recognize that there may be circumstances that would cause a Member to be unable to meet the full extent of its financial obligations as set forth in this Agreement for reasons including, but not limited to, a material decrease in revenues ("Economic Hardship"). A Member's failing to pay at the required time its full Annual Contribution due to Economic Hardship shall not constitute a Failure to Pay shall if the Member (a) appropriates as much of its Annual Contribution each Fiscal Year as reasonably practicable and (b) develops a three year financial action plan to resume meeting its full Annual Contribution, which will be reviewed and approved by the Board. If a Member experiencing Economic Hardship fails to satisfy the requirements set forth in subparagraphs (a) and (b) above, and to resume meeting its full Annual Contribution by the end of the three year financial action plan, it shall constitute a Failure to Pay.
4.2.4
Final Termination Vote. At a regular or special meeting, the Board shall determine whether the accused Member cured the violation within the applicable cure period. The Board may review such evidence as it determines is reasonable and necessary and shall thereafter vote on the matter. Whether the accused Member successfully cured the violation shall be determined by a Majority vote. If this meeting is to evaluate the cure of a Breach, this meeting shall be held not less than thirty days nor more than sixty days after a Super Majority vote to terminate a Member. If the meeting is to evaluate the cure of a Failure to Pay, this meeting shall be held not less than ten days nor more than thirty days after a Super Majority vote to terminate a Member. If the Board determines that the accused Member did not cure the violation, the accused Member's participation in the Authority shall immediately terminate.
4.2.5
Effect of Termination. (a)
Upon termination, the Member shall have no further interest, right or title in or to any assets or equity of the Authority.
(b)
Termination of one or more Members shall not cause termination of this Agreement.
Consolidation by Members. Consolidation by a Member with another Member or nonMember to form a single legal entity will neither terminate this Agreement nor constitute a withdrawal by the consolidating Member or Members. All rights and obligations of such consolidating Member or Members will inure to the newly created single legal
2346175.7
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entity, except that no consolidation by a Member will increase any non-consolidating Member's share of the Annual Contributions required under this Agreement without the written consent of such non-consolidating Member. 4.4
Withdrawal of Members. A Member may withdraw from this Agreement at the end of any calendar year by written notice authorized by the governing body of such Member that is given to the Board and every other Member no later than January 15th of that calendar year. Upon withdrawal, a Member will have no further interest, right, or title in or to any assets or equity of the Authority, unless there is a specific written agreement to the contrary approved by the governing body of the withdrawing Member and a Super Majority vote of the Board. Withdrawal by any Member or combination of Members will not cause termination of this Agreement. A Member's non-appropriation of funds pursuant Section 7.5, will constitute a withdrawal pursuant to this Section 4.4; provided however, that the three hundred fifty (350) calendar days prior notice period will not apply and, instead, the Member will be deemed withdrawn as of January 1 of the Fiscal Year for which funds are not appropriated. A non-appropriating Member must notify every other Member as soon as reasonably practical when it is certain that its governing body will fail to appropriate the funds necessary for the Member to meet its financial obligations for the ensuing year. ARTICLE 5 – GOVERNANCE
5.1
Appointment of Board of Directors. The Board shall consist of five Directors (exclusive of any Member that withdraws or is involuntarily terminated) to be selected by the following individual Members or groups of Members ("Individual/Group Board Designating Member"): 5.1.1
Longmont shall designate one Director.
5.1.2
Boulder shall designate one Director.
5.1.3
Mountain View Fire Protection District shall designate one Director.
5.1.4
Boulder County Sheriff's Office and Boulder County shall designate one Director.
5.1.5
Lafayette, Louisville Fire Protection District and Rocky Mountain Fire Protection District shall collectively designate one Director by joint agreement.
Directors may be appointed to serve consecutive terms on the Board. 5.2
Alternate Directors. Each Individual/Group Board Designating Member will appoint an alternative representative to serve as the Director when the Director is absent or unable to perform his/her Director duties ("Alternate Director"). When used in this Agreement, the terms "Director" or "Directors" shall mean the Director or, in his/her absence, the Alternate Director of each Individual/Group Board Designating Member.
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5.3
Appointment. The Director and Alternate Director will serve at the pleasure of the governing body of the Individual/Group Board Designating Member and either or both may be replaced at any time and for any reason by the governing body of the Individual/Group Board Designating Member. An Alternate Director will act and vote only in the absence of the Director.
5.4
Additional Board Seats. The Board may create additional Board seats by the affirmative vote of a Super Majority at a properly noticed regular or special meeting at which a quorum is present. The Board seats shall be odd in number and shall not exceed thirteen (13) total seats.
5.5
Vacancies. A vacancy occurring on the Board, whether such vacancy be the result of resignation, death, removal or disability, will be filled in the same manner as appointment of a Director as hereinabove provided within thirty (30) days of the vacancy.
5.6
Compensation. Directors will not receive compensation for their services. The Board may provide for reimbursement to the Directors of their actual and reasonable expenses incurred on behalf of the Authority.
5.7
Board Action. Final actions or decisions of the Board (including ratification or rescission of action taken by the Board at an emergency meeting) may be taken or made only at regular or special meetings of the Board, called upon notice as required herein, at which a quorum is present. Except as set forth below or as otherwise provided in this Agreement, final actions or decisions of the Board shall be made by the affirmative vote of a Majority at a properly-noticed regular or special meeting at which a quorum is present.
5.8
Meetings. 5.8.1 All Meetings Public. All regular, special and emergency meetings of the Board will be open to the public and subject to the Colorado Sunshine Law, Part 4 of Article 6 of Title 24 of the Colorado Revised Statutes ("Sunshine Law"). 5.8.2 Regular Meetings. Regular meetings shall be held a minimum of quarterly. A schedule of regular meetings of the Board may be set by resolution of the Board, which resolution will identify the dates, times, and location(s) of said regular meetings to be held within the boundaries of Boulder County, Colorado. Following adoption of said resolution scheduling regular meetings of the Board, no additional notice to the Directors will be required. Regular meetings of the Board will be posted in accordance with the Sunshine Law. Directors may participate in any regular meeting in-person, telephonically or by any other media by which each Director can hear and be heard by the other Directors and the audience. 5.8.3 Special Meetings. Special meetings of the Board may be called by any two (2) or more Directors, so long as the Directors calling the special meeting include at
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least one Director representing a Member providing fire services and at least one Director representing a Member providing law enforcement services. Thereupon it will be the duty of the Board Secretary to cause notice of such meeting to be given as hereinafter provided. Work/study sessions will constitute a special meeting. Special meetings of the Board will be held at the time and place fixed by the Directors calling the meeting. Special meetings of the Board will be posted in accordance with the provisions of the Sunshine Law. Directors may participate in any special meeting in-person, telephonically or by any other media by which each Director can hear and be heard by the other Directors and the audience. 5.8.4
Notice of Special Meeting. Written notice of any special meeting of the Board shall be delivered to each Director not less than 72 hours before the date and time fixed for such meeting. Notice may be delivered in person, by facsimile or by electronic mail at the direction of the Board Secretary, or upon the Board Secretary's default, by the Directors calling the meeting.
5.8.5 Waiver of Notice. Whenever any notice is required to be given to any Director under the provisions of law or this Agreement, a waiver thereof in writing by such Director, whether before or after the time stated therein, will be equivalent to the giving of such notice. Attendance of a Director at any meeting of the Board will constitute a waiver by such Director of notice of such meeting, except when such Director attends such meeting for the express purpose of objecting to the transaction of any business because the meeting is not lawfully convened. 5.8.6 Emergency Meetings. A quorum of the Board may call an emergency meeting at any time and without 72 hours prior notice in the event of an emergency that requires the immediate action of the Board in order for the Authority to carry out its services and related functions. The Board Secretary, or upon the Board Secretary's default, the Directors calling the emergency meeting, shall cause notice of the emergency meeting to be given immediately to all Directors and Members. Notice may be given in-person, by facsimile or by electronic mail at the direction of the Board Secretary, or upon the Board Secretary's default, by the Directors calling the emergency meeting. To the extent practicable, public notice of an emergency meeting will be posted in the same locations as for regular meetings. At the emergency meeting, the Board by affirmative vote of a Majority of the Directors present, may take any action within the express or implied powers of the Authority to carry out its services and related functions; provided, however, any action taken at an emergency meeting will be effective only until the first to occur of: (a) the next regular meeting, or (b) the next special meeting of the Board at which the emergency issue is on the public notice of such meeting. At such subsequent meeting, the Board may ratify any emergency action taken. If any emergency action taken is not ratified, it shall be deemed rescinded. Emergency meetings of the Board shall be open to the public.
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5.8.7 Procedural Rules Governing Meetings. The Board shall develop procedural rules for conducting regular and special meetings, provided that such rules will include the following: (a) the reading of the text of minutes, financial statements or proposed Resolutions into the record is not required; and (b) the Chairperson may make a motion and may vote on a motion. In the absence of an established procedural rule, the Board will, to the extent practicable, follow the latest edition of Robert's Rules of Order. 5.8.8
5.9
Location of Meetings. All regular, special meetings or emergency meetings shall be held within the Service Area.
Officers. The officers of the Authority will be a President, Vice-President, and Secretary. All officers shall be Board members. 5.9.1
Election and Term of Office. The term of office for all officers will be two Fiscal Years; provided, however, that the first President elected after the Effective Date shall serve an initial term of three Fiscal Years. The initial officer of each position also will serve for the remainder of the Fiscal Year in which he/she was elected. Thereafter, at its last regular or special meeting during a Fiscal Year in which an officer's term is expiring, the Board, by Majority vote, will elect a new officer to that position. Vacancies occurring in any officer position may be filled by Majority vote at any regular or special meeting of the Board at the time the vacancy occurs.
5.9.2
Removal. Any officer elected by the Board may be removed by the Board, with or without cause, at any time by Majority vote at any regular or special meeting of the Board at which a quorum is present.
5.9.3
Duties and Authority of Officers.
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(a)
President. Except as otherwise directed by a Majority of the Board, the President will execute all legal instruments of the Authority and will represent the Board at any meeting, event, or other activity at which a Board representative is permitted, requested, or required to be in attendance. The President will perform such additional duties and have such additional authority as directed by a Majority of the Board from time to time. The President will serve as the Chairperson and preside at all Board meetings.
(b)
Vice-President. Except as otherwise directed by the Board, the VicePresident will perform the duties, and have the authority of, the President in the President's absence or inability or refusal to perform his/her duties. The Vice-President will perform such additional duties and have such additional authority as directed by a Majority of the Board from time to time so long as such duties are not inconsistent with the duties and authority of the President. The Vice-President will serve as the Chairperson at any Board
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meeting where the President is absent or is unable or refuses to serve as the Chairperson. (c)
5.9.4
Secretary. The Secretary will (i) maintain the official records of the Authority, including this Agreement, policies, procedures and protocols established by the Board, minutes of Board meetings, and a register of the names and addresses of the Members, Directors, Alternate Directors and officers; and (ii) issue meeting notices, attest documents as necessary or appropriate, and prepare the minutes of all Board meetings. The Secretary will perform such additional duties and have such additional authority as directed by a Majority of the Board from time to time.
Bonds of Officers, Employees and Agents. The officers, employee or agent of the Authority charged with the responsibility for the custody of any of its funds or property shall give a bond in such sum and with such surety, if any, as the Board will determine. The Board, in its discretion, also may require any other officer, employee or agent of the Authority to give a bond in such amount and with such surety as will be determined. The cost of such bond will be an expense of the Authority.
5.10 Governmental Immunity. Every Director, officer, and employee of the Authority, while performing his/her duties and functions on behalf of the Authority, whether such duties and functions have been expressly assigned or are reasonably implied based on his/her expressly assigned duties and functions, will constitute a public employee for the purposes of the Colorado Governmental Immunity Act, including but not limited to C.R.S. § 24-10-110, as may be amended. 5.11 Execution of Contracts. Except as otherwise provided by law, the President with approval of the Board may authorize any Director, officer, employee, or agent to enter into any contract, or execute and deliver any instrument in the name and on behalf of the Authority. 5.12 Assets Held In Trust. All assets of the Authority will be held in trust for the purposes stated in this Agreement, including payment of liabilities of the Authority. ARTICLE 6 - COMMITTEES 6.1
Advisory Committee: There is hereby established an advisory committee that will be responsible for advising the Board on all operational matters, standard operating procedures, equipment requirements, and other matters related to the operations of the Hazardous Materials Response Team ("Advisory Committee"). 6.1.1
The Majority of the Board shall determine the size of the Advisory Committee and shall select the individuals that will serve on the Advisory Committee.
6.1.2
The Advisory Committee shall establish the rules and procedures for its
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governance. 6.1.3
The Advisory Committee shall meet at least quarterly.
6.1.4
The Advisory Committee shall develop and recommend to the Board the criteria for membership on the Hazardous Materials Response Team.
6.1.5
The Advisory Committee will review on an as-needed basis the policies, procedures, protocols, and operations of the Authority. The Advisory Committee will report to the Board in writing any perceived performance deficiencies and any recommendations for improvement.
6.1.6
The Advisory Committee will perform such other duties as may be assigned by the Board from time to time. ARTICLE 7 - FISCAL ADMINISTRATION
The Authority will be subject to the Local Government Budget Law of Colorado, Part 1 of Article 1, Title 29 of the Colorado Revised Statutes, as may be amended. The provisions of Article 10.5 of Title 11, C.R.S., as may be amended, will apply to all monies of the Authority. 7.1
Initial and Annual Budget and Contributions. 7.1.1
Initial Budget. The initial budget for the Authority, which will take effect on the Effective Date and will continue through December 31 of the Fiscal Year immediately following the Effective Date, is attached to this Agreement as Exhibit _A___ ("Initial Budget"). Each Member shall pay its share of the Initial Budget, as set forth therein, within forty-five calendar days of the Effective Date.
7.1.2
Annual Budget. The Annual Budget for the next Fiscal Year will be adopted by a Majority of the Board on or before July 1 of each Fiscal Year. The Annual Budget shall set forth the projected revenues needed for, and the projected expenditures from, the General Operating Fund, the Capital Improvement Fund, and the Contingency Fund for the next Fiscal Year.
7.1.3
Capital Improvement Fund. Each Fiscal Year, the Board will determine the total amount of revenue that must be deposited in the Capital Improvement Fund, taking into consideration the need to repair, replace, or purchase Hazardous Materials Response Equipment. The contribution to the Capital Improvement Fund from each Member may vary depending upon the total amount of revenue received in the preceding Fiscal Year.
7.1.4
Contingency Fund. Each Fiscal Year, the Board will determine the total amount of revenue that must be deposited in the Contingency Fund, which shall be at least ten percent of the preceding Fiscal Year's actual expenditures from the General Operating Fund and the Contingency Fund. Any surplus funds generated from the
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yearly operation of the Authority may be used to fund the Contingency Fund. Contingency Fund monies may be used to defray the costs of unanticipated or unreimbursed operating expenses or for other reasons as determined by the Board. 7.2
Contributions. 7.2.1
Calculation of Contributions. Each Member's Annual Contribution shall be determined by calculating an individual Member's total population included within its jurisdictional boundaries in proportion to the total population within the Service Area. Population of a Member, and the total population within the Service Area, shall be determined by the United States Census Bureau, Population Estimates Program. Each Member shall be responsible for paying its proportionate percentage share as determined by the Board.
7.2.2
Payment of Contributions. Each Member's Annual Contribution shall be paid in full within ninety (90) days of January 1 of each Fiscal Year or on such other schedule as may be determined by the Board.
7.3
Late Payments. Any undisputed payment required under this Agreement that is not paid when due will accrue compound interest in the amount of one percent (1%) per month until paid.
7.4
Annual Audit. The Authority's revenues and expenditures shall be subject to an annual audit in accordance with Colorado law, which will be performed by a certified public accountant.
7.5
Non-Appropriation. All direct and indirect financial obligations of a Member under this Agreement are subject to the annual appropriation of funds by its governing body. No provision of this Agreement will be construed or interpreted: (a) to directly or indirectly obligate a Member to make any payment in any Fiscal Year in excess of amounts appropriated by such Member for such Fiscal Year; or (b) as creating a debt or multiple fiscal year direct or indirect debt or other financial obligation whatsoever of a Member within the meaning of Article X, Section 20 of the Colorado Constitution or any other constitutional or statutory limitation or provision.
7.6
General Financial Matters. 7.6.1
Negotiable Instruments. All checks, drafts, or other orders for payment of money will be issued in the name of the Authority, and in such manner as, from time to time, will be determined by the Board.
7.6.2
Financial Obligations and Debt Not That of Members. All financial obligations of the Authority will not be the debts, liabilities, or obligations of the Members, unless provided by written consent of the governing body of each of the Members in compliance with law.
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7.6.3
Financial Support. The Authority may receive financial support from any source, including public or private donations, gifts, or grants.
7.6.4
Compliance with State Laws Related to Deposit and Investment of Authority Funds. Under the general oversight of the Board, the Board will ensure all funds of the Authority placed in bank deposit accounts, including checking, savings, bank money-market, and certificate of deposit (CD) accounts, comply with the requirements of the Public Deposit Protection Act, Colorado Revised Statutes, §11-10.5-101, et. seq., as may be amended. The Board will establish the investment policies of the Authority funds, which policies will comply with the federal and state constitutional and statutory laws governing the investment of public funds, including but not limited Colorado Revised Statutes, § 24-75-601, et seq., as may be amended. Under the general oversight of the Treasurer, all investments of Authority funds shall comply with the investment policies established by the Board.
7.6.5
Records Subject to Inspection. All of the Authority's financial records will be available for inspection by any Member upon reasonable notice during normal business hours.
.
ARTICLE 8 - TERM, TERMINATION AND DISTRIBUTION 8.1
Term, Termination, and Distribution. 8.1.1
Term. The term of this Agreement shall be unlimited, and shall continue until terminated as provided herein.
8.1.2
Termination. This Agreement may be terminated at any time by written agreement of all Members, or all Members except one, who are a Member to this Agreement at the time of such termination.
8.1.3
Distribution or Transfer of Assets Upon Termination. If this Agreement is terminated pursuant to Section 8.1.2, the Board by unanimous affirmative vote of all, or one less than all, of the Directors serving on the Board at the time of termination, will determine whether all of the Authority's tangible and intangible property and assets ("Assets") are distributed to the Members or transferred to a successor entity(ies).
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(a)
Transfer to Successor Entity(ies). If the Assets are to be transferred to a successor entity(ies), the Assets will be transferred in such manner as is determined by unanimous affirmative vote of all, or one less than all, of the Directors serving on the Board at the time of termination, subject to any outstanding liens, mortgages, or other pledges of such Assets.
(b)
Transfer to Members. If the Assets are to be distributed to the Members, they will be distributed pro rata to each Member as follows: Page 16 of 20
(i)
All monies remaining in the General Operating Fund will be distributed to each Member based on the percentage that its last Annual Contribution bears to the total amount of that General Operating Fund.
(ii)
With respect to the Transferred Equipment, each Member will be paid for the depreciated value of any equipment it transferred to the Authority out of the Capital Improvement Fund. If there are insufficient funds in the Capital Improvement Fund to pay each Member for the depreciated value of the Transferred Equipment, then the Member will receive a prorated portion of the monies in the Capital Improvement Fund based on the percentage that the depreciated value of its equipment bears to the total of all depreciated Transferred Equipment by the Members. If there are any monies remaining in the Capital Improvement Fund after each Member has been reimbursed for the depreciated value of the Transferred Equipment, each Member will receive a prorated portion of those monies based on the percentage that its last Annual Contribution bears to the total amount of that General Operating Fund.
(iii) With respect to equipment purchased by the Authority with monies from the Capital Improvement Fund, the Board may, in its discretion, choose to allow Members to purchase the equipment from the Authority at a reasonable depreciated value or to auction or otherwise dispose of the equipment, with the proceeds distributed to the Members pro rata based on the percentage that each Member's last Annual Contribution bears to the total amount of that General Operating Fund. (iv) All Leased Equipment will revert back to the Member owner with no penalty to the Authority. (v)
By Super Majority vote of all Directors serving on the Board at the time of termination, the Board may provide for an alternate disposition of the Authority's Assets between and among the Members.
ARTICLE 9 – RESPONSIBLE PARTY PAYMENT 9.1
Reimbursement from Responsible Party. 9.1.1
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DERA Responsibility. It is the responsibility of the DERA for the Member of the jurisdiction where the Hazardous Materials Incident occurred to pursue reimbursement from the Responsible Party for all costs associated with the response to that incident pursuant to Section § 29-22-104, C.R.S. If the DERA for that Member fails to pursue reimbursement within a reasonable period of time, the Page 17 of 20
Authority may pursue reimbursement on its behalf and that of all other Members and its participants, or may assign the right to pursue reimbursement to another Member participant in the response to the Hazardous Materials Incident as approved by the Board. 9.1.2
Time and Materials Billing. All time and material costs incurred in responding to a Hazardous Materials Incident, including, but not limited to, salary, fuel, special laboratory testing, packaging, shipping, and equipment replacement, incurred by the Authority, shall be billed to the Member of the jurisdiction where the Hazardous Materials Incident occurred. The Authority shall support the DERA of the Member in pursuing reimbursement for the response to a Hazardous Materials Incident, pursuant to Section § 29-22-104, C.R.S., by producing such documentation and providing testimony, reports and other information as required.
9.1.3
Time Limits for Billing. The Authority shall bill the DERA for the costs incurred in responding to a Hazardous Materials Incident within a reasonable time within the same Fiscal Year. The DERA may only be billed in a different Fiscal Year if approved by the Board. If the DERA is a current Member of the Authority and has pursued good faith efforts to receive payment from all Responsible Parties, then that DERA would be responsible for payment to the Authority within a reasonable period of time only to the extent that it received payment from all Responsible Parties. ARTICLE 10 - MISCELLANEOUS
10.1 Notices. Except for notice of a special or emergency meeting sent by United States mail, facsimile or electronic mail in accordance with this Agreement, any notice, demand or request required by or relating to this Agreement shall be in writing and shall be given by personal delivery, by facsimile, or sent by registered or certified mail, postage prepaid, to each Member at the address set forth on the signature page(s) attached hereto, unless a Member has provided another address to the Authority. 10.2 No Third Member Beneficiaries. Nothing in this Agreement shall be deemed to create any third party benefits or beneficiaries, or create a right or cause of action for the enforcement of its terms, in any entity or person not a Member to this Agreement. 10.3 Amendments. This Agreement may be amended only by a written document approved by formal authority of the governing bodies of all of the Members at the time of the amendment; provided, however, that such amendment will not affect other obligations outstanding of the Authority unless provision for full payment of such obligations, by escrow or otherwise, has been made pursuant to such obligations. Course of conduct, no matter how long, shall not constitute an amendment to this Agreement. 10.4 No Assignment. This Agreement may not be assigned by any Member.
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10.5 Severability. In the event that any of the terms, covenants or conditions of this Agreement, or their application, shall be held invalid as to any person, corporation or circumstances of any court having competent jurisdiction, the remainder of this Agreement and the application in effect of its terms, covenants or conditions to such persons, corporations or circumstances shall not be affected thereby. 10.6 Governmental Immunity. This Agreement is not intended, and shall not be construed, as a waiver of the limitations on damages or any of the privileges, immunities, or defenses provided to, or enjoyed by, the Members, and their past and present directors, officers, council members, employees and volunteers, under federal or state constitutional, statutory or common law, including but not limited to the Colorado Governmental Immunity Act, Section § 24-10-101, C.R.S., et seq, as may be amended. 10.7 Preexisting Claims. This Agreement is not intended to, nor should it be construed to, modify preexisting legal obligations including service contracts, or to waive any claims or legal rights which may arise as a result of a Hazardous Materials Incident, including but not limited to claims for reimbursement from a Responsible Party for a Hazardous Materials Incident or from any emergency response funds created under state or federal law. 10.8 Governing Law, Jurisdiction and Venue. Colorado law governs this Agreement. Jurisdiction and venue shall lie exclusively in the District Court for Boulder County. 10.9 Waiver of Breach. A Member's waiver of another Member's breach of any term or provision of this Agreement will not operate or be construed as a waiver of any subsequent breach by any Member. 10.10Dispute Resolution. Any dispute or claim arising under or relating to this Agreement shall be submitted first to the Board for possible resolution. If the Board is unable to resolve the dispute or claim, or if one or more of the Members to the dispute or claim are not satisfied with the Board's proposed resolution, the dispute or claim shall be submitted to mediation. The Members to the dispute or claim shall share equally the cost of the mediation, provided that each Member shall pay its own attorneys' fees, costs and expenses incurred in preparing for and participating in the mediation. If the Members are unable to resolve their dispute or claim through mediation, any Member to the dispute or claim may bring a civil action in the District Court for Boulder County. Each Member waives its right to a jury trial. The Court shall make a determination as to the prevailing Member. 10.11Workers Compensation Insurance. Nothing in this Agreement is intended to create a Member employment or volunteer relationship with the Authority. As a result, the Members agree that that the Member and its individual agents, employees, and volunteers are not covered by any workers' compensation insurance through the Authority.
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10.12Execution. This Agreement may be executed in several counterparts, and by facsimile or electronic pdf, each of which will be an original, and all of which together will constitute one in the same instrument. 10.13Statutory Amendments. All statutory references in this Agreement shall include any subsequent statutory amendments or reenactments. 10.14Independent Counsel. Each of the undersigned Members acknowledges that this Agreement was prepared by legal counsel representing the Louisville Fire Protection District. Further, each of the undersigned recognizes that such legal counsel was acting solely on behalf of the Louisville Fire Protection District and not on behalf of any other Members, individually or collectively. Each of the undersigned represents and warrants that he, she or it has been advised by the Louisville Fire Protection District to seek independent legal counsel and that he, she or it has had the opportunity to do so. Each of the undersigned agrees that the statements, representations and warranties made in this paragraph may be relied upon by the Louisville Fire Protection District (and by its attorneys) and its successors in interest. IN WITNESS WHEREOF, the Members have caused to be executed this Intergovernmental Agreement Establishing the Boulder County Hazardous Materials Response Authority.
[SIGNATURE PAGES IMMEDIATELY FOLLOW]
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BOULDER COUNTY, a political subdivision of the State of Colorado
By: ATTEST:
By:
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CITY OF BOULDER, a home rule municipality, incorporated and existing under the laws of the State of Colorado
By: ATTEST:
By:
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CITY OF LONGMONT, a home rule municipality, incorporated and existing under the laws of the State of Colorado
By: ATTEST:
By:
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CITY OF LAFAYETTE, a home rule municipality, incorporated and existing under the laws of the State of Colorado
By:
Christine Berg, Mayor
ATTEST:
By: Susan Koster, CMC, City Clerk APPROVED AS TO FORM: _______________________________ By David S. Williamson, City Attorney
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CITY OF LOUISVILLE, a home rule municipality, incorporated and existing under the laws of the State of Colorado
By: ATTEST:
By:
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LOUISVILLE FIRE PROTECTION DISTRICT, a political subdivision of the State of Colorado
By: ATTEST:
By:
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LYONS FIRE PROTECTION DISTRICT, a political subdivision of the State of Colorado
By: ATTEST:
By:
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ROCKY MOUNTAIN FIRE PROTECTION DISTRICT, a political subdivision of the State of Colorado
By: ATTEST:
By:
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MOUNTAIN VIEW FIRE PROTECTION DISTRICT, a political subdivision of the State of Colorado
By: ATTEST:
By:
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BOULDER COUNTY SHERRIFF'S OFFICE, a public entity of the State of Colorado
By: ATTEST:
By:
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TOWN OF WARD, a home rule municipality, incorporated and existing under the laws of the State of Colorado
By: ATTEST:
By:
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TOWN OF JAMESTOWN, a home rule municipality, incorporated and existing under the laws of the State of Colorado
By: ATTEST:
By:
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TOWN OF NEDERLAND, a home rule municipality, incorporated and existing under the laws of the State of Colorado
By: ATTEST:
By:
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Expenditures for Approval July 5, 2017
None at this time
To: From: Date: Subject:
Gary Klaphake, City Administrator Paul Rayl, Planning Manager June 16, 2017 Planning Commission Appointments / Doug Godfrey and Anthony Viers
Recommendation: Approval of appointment of Doug Godfrey and Anthony Viers to the Planning Commission for four (4) year terms ending June 30, 2021. Background: The Planning Commission interview committee (Councilors Mazza, Lynch and Behanna) interviewed six (6) applicants for the two available seats on the Planning Commission. The committee recommends the appointment of Doug Godfrey and Anthony Viers to the Planning Commission for four years terms ending on June 30, 2021. Fiscal Impact: There are no budgetary impacts associated with these appointments Attachments: None
To: From: Date: Subject:
Gary Klaphake, City Administrator Jon Hoffman, Planner June 28, 2017 Zoning Board of Adjustments Appointment / Steve Reynolds
Recommendation: Approval of appointment of Steve Reynolds to the Zoning Board of Adjustments for four (4) year terms ending June 30, 2021. Background: The Planning Commission interview committee (Councilors Mazza, Lynch and Behanna) interviewed the applicant for the seat on the Zoning Board of Adjustments. The committee recommends the appointment of Steve Reynolds to the Zoning Board of Adjustments for four years terms ending on June 30, 2021. Fiscal Impact: There are no budgetary impacts associated with these appointments Attachments: None
