amended agenda - City of Lafayette

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Feb 14, 2017 - (c) These Standards are intended to be of general application, and are ...... fee for parks and recreatio
Statement of Vision Lafayette’s panoramic view of the Rocky Mountains inspires our view into the future. We value our heritage, our unique neighborhoods, a vibrant economy and active lifestyles. We envision a future that mixes small-town livability with balanced growth and superior city services.

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

February 21, 2017

AMENDED AGENDA 6:30 PM CITY COUNCIL MEETING I.

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

II.

RETURN TO REGULAR SESSION

III.

COMCAST CABLE TV FRANCHISE / CUSTOMER SERVICE STANDARDS A. First Reading / Ordinance No. 10, Series 2017 / Enacting Chapter 33 of the Municipal Code Regarding Cable Television Customer Service Standards / City Clerk Susan Koster B. Customer Service Standards / Brandon Dittman, Kissinger and Fellman C. Customer Experience Improvements / Andy Davis, Comcast Director of Government Affairs

IV.

PUBLIC HEARINGS D. First Reading / Ordinance No. 04, Series 2017/ Amending Chapter 26 Development and Zoning of the Municipal Code Pertaining to the Public Land Dedication (PLD) Requirement E. Indian Peaks Subdivision Filing No. 2 Replat B 1. Final Plan/PUD

2. First Reading / Ordinance No. 05, Series 2017 / Rezoning of Indian Peaks Filing No. 2 3. Resolution 2017-12 / Growth Management Permit Allocation 4. First Reading / Ordinance No. 06, Series 2017 / Vacation of Emergency and Pedestrian Access Easement 5. Site Plan/Architectural Review F. Spring Creek Subdivision Filing No. 3 1. Final Plan / PUD Amendment 2. Resolution 2017-13 / Growth Permit Allocation 3. First Reading / Ordinance No. 07, Series 2017 / Vacation of a Portion of the Spring Creek Crossing Right-of-Way platted with the Spring Creek Filing No. 2 Subdivision. G. 9880 Baseline Road Annexation and Zoning 1. First Reading / Ordinance No. 08, Series 2017 / 9880 Baseline Road Annexation 2. First Reading / Ordinance No. 09, Series 2017 / Rezoning of 9880 Baseline Road from Boulder County Agriculture to City of Lafayette DR (Developing Resource) V.

PUBLIC INPUT (AFTER 6:30 PM)

VI.

CONSENT AGENDA H. Minutes of Regular Council Meeting of February 7, 2017 I. Second Reading / Ordinance No. 03, Series 2017 / Rezoning 811-813 Baseline Road from R2 (Single and Two-Family Residential) to R4/PUD (High Density Residential/Planned Unit Development) Zone District J. Resolution No. 2017-14 / Amending Lafayette Investment Policy K. Contract / Water Conservation Programs / Center for ReSource Conservation L. Contract / Orange Zone Pipeline Construction / T Lowell Construction M. Contract / Inspire Initiative Grant / Fiscal Agent / Great Outdoors Colorado (GOCO) N. Contract Renewal / Investment Management / Insight Investment O. Contract Renewal / 2017 City-Wide Street Rehabilitation / PLM Asphalt and Concrete, Inc. P. Contract Renewal / 2017 City-Wide Crack Fill Program / PLM Asphalt and Concrete, Inc. Q. Purchase Orders and Amendments

VII.

COUNCIL APPOINTMENTS R. Waste Reduction Advisory Committee S. Library Board T. Historic Preservation Board

VIII.

STAFF REPORTS U. City Attorney’s Report V. City Administrator’s Report

IX.

COUNCIL REPORTS

X.

ADJOURN TO EXECUTIVE SESSION According to C.R.S. 24-6-402(4)(b), to confer with an attorney for the City for the purposes of receiving legal advice on specific legal questions pertaining to North Highway 287

To: From: Date: Subject:

Gary Klaphake, City Administrator Susan Koster, City Clerk February 14, 2017 First Reading / Ordinance No. 10, Series 2017 / Enacting Chapter 33 of the Municipal Code Regarding Cable Television Customer Service

Recommendation: Motion to approve on first reading Ordinance No. 10, Series 2017 / Enacting Chapter 33 of the Municipal Code Regarding Cable Television Customer Service. Background: Council approved Ordinance No. 27, Series 2016 in November of last year, renewing the Comcast Cable Television Franchise. The attached Ordinance No. 10, 2017 adopts Cable Television Customer Service Standards which will become Exhibit A of the franchise agreement. These standards were created for member-jurisdictions by the Colorado Communications and Utilities Alliance (CCUA) to establish uniform standards of service for cable operators who serve customers in the metropolitan area. Lafayette is a member of CCUA in good standing. Staff engaged with Lafayette residents in a number of ways to involve them in the renewal process and to determine subscribers’ level of satisfaction with Comcast service. Information was posted on the City website, promoted on social media platforms, printed in the City newsletter, and enclosed with water bills. The City Clerk and a Comcast representative hosted an open house to gather public opinion and an on-line survey was conducted on the City Website. Of the thousands of Comcast Cable TV subscribers in Lafayette, 19 responded to the survey and none attended the open house. 47% of survey respondents rated their overall satisfaction with Comcast Cable TV as “very satisfied” or “mostly satisfied”. 53% indicated they are “mostly dissatisfied” or “very dissatisfied”. Issues of greatest concern to respondents were call-waiting time, available times for service, and timely resolution of problems. The top reasons for contacting Comcast were cable modem issues, service outages, billing, and changing levels of service. Attorney Brandon Dittman of Kissinger and Fellman will be present to answer questions about the Customer Service Standards. Comcast Director of Government Affairs Andy Davis will talk about changes Comcast has made to improve the customer experience. Fiscal Impact: None Attachment: Ordinance No. 10, Series 2017

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

ORDINANCE NO. 10, SERIES 2017 INTRODUCED BY: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO, ENACTING CHAPTER 33 OF THE CODE OF ORDINANCES OF LAFAYETTE REGARDING CABLE TELEVISION CUSTOMER SERVICE STANDARDS WHEREAS, the City Council wishes to enact requirements for the quality of service cable operators are expected to offer their customers that are consistent with the standards required of such operators throughout the metropolitan area. The standards are subject to change from time to time; and WHEREAS, the City Council encourages the cable operators to exceed these standards in their day-to-day operations and, as such, understands that cable operator may modify their operations in exceeding these standards; and WHEREAS, these standards incorporate the Customer Service Obligations published by the Federal Communications Commission and customer service standards of cable television service providers operating in Colorado, and are thus adopted, modified, created, and specially tailored to the community; and WHEREAS, these standards require cable operators, in certain circumstances, to post a security fund or letter of credit ensuring Customer Service. The security fund is to be used when the cable company fails to respond to a citizen complaint that the franchising authority determines is valid, and to provide a mechanism by which to impose remedies for noncompliance. It is the sincere hope and intention of the City Council that the security fund will never need to be drawn upon; however, the City Council believes that some enforcement measures are necessary.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO, AS FOLLOWS: Section 1. Chapter 33, Cable Television Customer Service Standards, of the Lafayette Code of Ordinances, is enacted to provide as follows: Chapter 33– Cable Television Customer Service Standards. Sec. 33-1. – Statement of policy. (a) The Cable Operator should resolve citizen complaints without delay and interference from the Franchising Authority. (b) Where a given complaint is not addressed by the Cable Operator to the citizen's satisfaction, the Franchising Authority should intervene. In addition, where a pattern of unremedied complaints or noncompliance with the Standards is identified, the Franchising Authority should

Ordinance No. 10-2017 Cable Television Customer Service Standards

prescribe a cure and establish a reasonable deadline for implementation of the cure. If the noncompliance is not cured within established deadlines, monetary sanctions should be imposed to encourage compliance and deter future non-compliance. (c) These Standards are intended to be of general application, and are expected to be met under normal operating conditions; however, the Cable Operator shall be relieved of any obligations hereunder if it is unable to perform due to a region-wide natural emergency or in the event of force majeure affecting a significant portion of the franchise area. The Cable Operator is free to exceed these Standards to the benefit of its Customers and such shall be considered performance for the purposes of these Standards. (d) These Standards supersede any contradictory or inconsistent provision in federal, state or local law in accordance with 47 U.S.C. § 552(a)(1) and (d)), provided, however, that any provision in federal, state or local law, or in any original franchise agreement or renewal agreement, that imposes a higher obligation or requirement than is imposed by these Standards, shall not be considered contradictory or inconsistent with these Standards. In the event of a conflict between these Standards and a Franchise Agreement, the Franchise Agreement shall control. (e) These Standards apply to the provision of any Cable Service, provided by a Cable Operator over a Cable System, within the City of Lafayette. Sec. 33-2. – Definitions. As used in this chapter, unless the context requires a different interpretation, the following words, phrases, and terms shall have the meanings given below. "Adoption" shall mean the process necessary to formally enact the Standards within the Franchising Authority's jurisdiction under applicable ordinances and laws. "Affiliate" shall mean any person or entity that is owned or controlled by, or under common ownership or control with, a Cable Operator, and provides any Cable Service or Other Service. “Applicable Law” means, with respect to these standards and any Cable Operator’s privacy policies, any statute, ordinance, judicial decision, executive order or regulation having the force and effect of law, that determines the legal standing of a case or issue. "Cable Operator" shall mean any person or group of persons (A) who provides Cable Service over a Cable System and directly or through one or more affiliates owns a significant interest in such cable system, or (B) who otherwise controls or is responsible for, through any arrangement, the management and operation of such a Cable System. “Cable Service” shall mean (A) the one-way transmission to subscribers of (i) video programming, or (ii) other programming service, and (B) subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service. For 2

Ordinance No. 10-2017 Cable Television Customer Service Standards

purposes of this definition, “video programming” is programming provided by, or generally considered comparable to programming provided by a television broadcast station. “Other programming service” is information that a Cable Operator makes available to all subscribers generally. “Cable System” shall mean a facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide Cable Service which includes video programming and which is provided to multiple subscribers within a community, but such term does not include (A) a facility that serves only to retransmit the televisions signals of one or more television broadcast stations, or (B) a facility that serves subscribers without using any public right of way. "City" shall mean the City of Lafayette, Colorado. "Colorado Communications and Utilities Alliance" or "CCUA" shall mean an association comprised primarily of local governmental subdivisions of the State of Colorado, or any successor entity. The CCUA may, on behalf of its members, be delegated the authority to review, investigate or otherwise take some related role in the administration and/or enforcement of any functions under these Standards. “Contractor” shall mean a person or entity that agrees by contract to furnish materials or perform services for another at a specified consideration. "Customer" shall mean any person who receives any Cable Service from a Cable Operator. "Customer Service Representative" (or "CSR") shall mean any person employed with or under contract or subcontract to a Cable Operator to assist, or provide service to, customers, whether by telephone, writing service or installation orders, answering customers' questions in person, receiving and processing payments, or performing any other customer service-related tasks. “Escalated complaint” shall mean a complaint that is referred to a Cable Operator by the Franchising Authority. "Franchising Authority" shall mean the City. "Necessary" shall mean required or indispensable. "Non-cable-related purpose" shall mean any purpose that is not necessary to render or conduct a legitimate business activity related to a Cable Service or Other Service provided by a Cable Operator to a Customer. Market research, telemarketing, and other marketing of services or products that are not related to a Cable Service or Other Service provided by a Cable Operator to a Customer shall be considered Non-cable-related purposes.

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“Normal business hours” shall mean those hours during which most similar businesses in the community are open to serve customers. In all cases, “normal business hours” must include at least some evening hours one night per week, and include some weekend hours. “Normal operating conditions” shall mean those service conditions which are within the control of a Cable Operator. Conditions which are not within the control of a Cable Operator include, but are not necessarily limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Conditions which are ordinarily within the control of a Cable Operator include, but are not necessarily limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods and maintenance or upgrade to the Cable System. “Other Service(s)” shall mean any wire or radio communications service provided using any of the facilities of a Cable Operator that are used in the provision of Cable Service. "Personally Identifiable Information" shall mean specific information about an identified Customer, including, but not be limited to, a Customer's (A) login information for the use of Cable Service and management of a Customer’s Cable Service account, (B) extent of viewing of video programming or Other Services, (C) shopping choices, (D) interests and opinions, (E) energy uses, (F) medical information, (G) banking data or information, or (H) any other personal or private information. "Personally Identifiable Information" shall not mean any aggregate information about Customers which does not identify particular persons, or information gathered by a Cable Operator necessary to install, repair or service equipment or Cable System facilities at a Customer’s premises. “Service interruption” or “interruption” shall mean the loss or substantial impairment of picture and/or sound on one or more cable television channels. “Service outage” or “outage” shall mean a loss or substantial impairment in reception on all channels. “Subcontractor” shall mean a person or entity that enters into a contract to perform part or all of the obligations of another's contract. “Writing” or “written” as the term applies to notification shall include electronic communications. Any terms not specifically defined in these Standards shall be given their ordinary meaning, or where otherwise defined in applicable federal law, such terms shall be interpreted consistent with those definitions.

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Sec. 33-3. – Customer Service. (a) Courtesy. Cable Operator employees, contractors and subcontractors shall be courteous, knowledgeable and helpful and shall provide effective and satisfactory service in all contacts with customers. (b) Accessibility. (1) A Cable Operator shall provide customer service centers/business offices (“Service Centers”) which are conveniently located, and which are open during Normal Business Hours. Service Centers shall be fully staffed with Customer Service Representatives offering the following services to Customers who come to the Service Center: bill payment, equipment exchange, processing of change of service requests, and response to Customer inquiries and request. (i) Unless otherwise requested by the City, a Cable Operator shall post a sign at each Service Center, visible from the outside of the Service Center, advising Customers of its hours of operation and of the telephone number at which to contact the Cable Operator if the Service Center is not open at the times posted. (ii) The Cable Operator shall use commercially reasonable efforts to implement and promote “self-help” tools and technology, in order to respond to the growing demand of Customers who wish to interact with the Cable Operator on the Customer’s own terms and timeline and at their own convenience, without having to travel to a Service Center. Without limitation, examples of self-help tools or technology may include selfinstallation kits to Customers upon request; pre-paid mailers for the return of equipment upon Customer request; an automated phone option for Customer bill payments; and equipment exchanges at a Customer’s residence in the event of damaged equipment. A Cable Operator shall provide free exchanges of faulty equipment at the customer's address if the equipment has not been damaged in any manner due to the fault or negligence of the customer. (2) A Cable Operator shall maintain local telephone access lines that shall be available twenty-four (24) hours a day, seven (7) days a week for service/repair requests and billing/service inquiries. (3) A Cable Operator shall have dispatchers and technicians on call twenty-four (24) hours a day, seven (7) days a week, including legal holidays. (4) If a customer service telephone call is answered with a recorded message providing the customer with various menu options to address the customer’s concern, the 5

Ordinance No. 10-2017 Cable Television Customer Service Standards

recorded message must provide the customer the option to connect to and speak with a CSR within sixty (60) seconds of the commencement of the recording. During Normal Business Hours, a Cable Operator shall retain sufficient customer service representatives and telephone line capacity to ensure that telephone calls to technical service/repair and billing/service inquiry lines are answered by a customer service representative within thirty (30) seconds or less from the time a customer chooses a menu option to speak directly with a CSR or chooses a menu option that pursuant to the automated voice message, leads to a direct connection with a CSR. Under normal operating conditions, this thirty (30) second telephone answer time requirement standard shall be met no less than ninety (90) percent of the time measured quarterly. (5) Under normal operating conditions, a customer shall not receive a busy signal more than three percent (3%) of the time. This standard shall be met ninety (90) percent or more of the time, measured quarterly. (c) Responsiveness. (1) Guaranteed Seven-Day Residential Installation (i) A Cable Operator shall complete all standard residential installations or modifications to service requested by customers within seven (7) business days after the order is placed, unless a later date for installation is requested. "Standard" residential installations are those located up to one hundred twenty five (125) feet from the existing distribution system. If the customer requests a nonstandard residential installation, or the Cable Operator determines that a nonstandard residential installation is required, the Cable Operator shall provide the customer in advance with a total installation cost estimate and an estimated date of completion. (ii) All underground cable drops to the home shall be buried at a depth of no less than twelve inches (12"), or such other depth as may be required by the Franchise Agreement or local code provisions, or if there are no applicable Franchise or code requirements, at such other depths as may be agreed to by the parties if other construction concerns preclude the twelve inch requirement , and within no more than one calendar week from the initial installation, or at a time mutually agreed upon between the Cable Operator and the customer. (2) Residential Installation and Service Appointments (i) The “appointment window” alternatives for specific installations, service calls, and/or other installation activities will be either a specific time, or at a maximum, a four (4) hour time block between the hours of 8:00 a.m. and 6:00 p.m., six (6) days per week. A Cable Operator may schedule service calls and other installation activities outside of the above days and hours for the express convenience of customers. For purposes of this subsection “appointment window” means the period of time in which the 6

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(ii)

(iii)

(iv)

representative of the Cable Operator must arrive at the customer’s location. A Cable Operator may not cancel an appointment with a customer after the close of business on the business day prior to the scheduled appointment, unless the customer’s issue has otherwise been resolved. If a Cable Operator is running late for an appointment with a customer and will not be able to keep the appointment as scheduled, the Cable Operator shall take reasonable efforts to contact the customer promptly, but in no event later than the end of the appointment window. The appointment will be rescheduled, as necessary at a time that is convenient to the customer, within Normal Business Hours or as may be otherwise agreed to between the customer and Cable Operator. A Cable Operator shall be deemed to have responded to a request for service under the provisions of this section when a technician arrives within the agreed upon time, and, if the customer is absent when the technician arrives, the technician leaves written notification of arrival and return time, and a copy of that notification is kept by the Cable Operator. In such circumstances, the Cable Operator shall contact the customer within forty-eight (48) hours.

(3) Residential Service Interruptions (i) In the event of system outages resulting from Cable Operator equipment failure, the Cable Operator shall correct such failure within 2 hours after the 3rd customer call is received. (ii) All other service interruptions resulting from Cable Operator equipment failure shall be corrected by the Cable Operator by the end of the next calendar day. (iii) Records of Complaints. (A) A Cable Operator shall keep an accurate and comprehensive file of any complaints regarding the cable system or its operation of the cable system, in a manner consistent with the privacy rights of customers, and the Cable Operator's actions in response to those complaints. These files shall remain available for viewing by the Franchising Authority during normal business hours at the Cable Operator’s business office, and shall be retained by the Cable Operator for a period of at least three (3) years. (B) Upon written request a Cable Operator shall provide the Franchising Authority an executive summary quarterly, which shall include information concerning customer complaints referred by the Franchising Authority to the Grantee and any other requirements of a Franchise Agreement but no personally identifiable information. These summaries shall be provided within fifteen (15) days after the end of each quarter. Once a request is made, it need not be repeated and quarterly executive summaries shall be provided by the Cable 7

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Operator until notified in writing by the Franchising Authority that such summaries are no longer required. (C) Upon written request a summary of service requests, identifying the number and nature of the requests and their disposition, shall also be completed by the Cable Operator for each quarter and submitted to the Franchising Authority by the fifteenth (15th) day of the month after each calendar quarter. Once a request is made, it need not be repeated and quarterly summary of service requests shall be provided by the Cable Operator until notified in writing by the Franchising Authority that such summaries are no longer required. Complaints shall be broken out by the nature of the complaint and the type of Cable service subject to the complaint. (D) Records of Service Interruptions and Outages. A Cable Operator shall maintain records of all outages and reported service interruptions. Such records shall indicate the type of cable service interrupted, including the reasons for the interruptions. A log of all service interruptions shall be maintained and provided to the Franchising Authority quarterly, upon written request, within fifteen (15) days after the end of each quarter. Such records shall be submitted to the Franchising Authority with the records identified in Section 333(c)(3)(iii)(B) above if so requested in writing, and shall be retained by the Cable Operator for a period of three (3) years. (E) All service outages and interruptions for any cause beyond the control of the Cable Operator shall be corrected within thirty-six (36) hours, after the conditions beyond its control have been corrected. (4) TV Reception (i) A Cable Operator shall provide clear television reception that meets or exceeds technical standards established by the United States Federal Communications Commission (the "FCC"). A Cable Operator shall render efficient service, make repairs promptly, and interrupt service only for good cause and for the shortest time possible. Scheduled interruptions shall be preceded by notice and shall occur during periods of minimum use of the system, preferably between midnight and six a.m. (6:00 a.m.). (ii) If a customer experiences poor video or audio reception attributable to a Cable Operator's equipment, the Cable Operator shall: (A) Assess the problem within one (1) day of notification; (B) Communicate with the customer regarding the nature of the problem and the expected time for repair; (C) Complete the repair within two (2) days of assessing the problem unless circumstances exist that reasonably require additional time. (iii) If an appointment is necessary to address any video or audio reception problem, the customer may choose a block of time described in Section 33-3(c)(2)(i) At the customer's request, the Cable Operator shall repair the problem at a later time convenient to the customer, during Normal 8

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Business Hours or at such other time as may be agreed to by the customer and Cable Operator. A Cable Operator shall maintain periodic communications with a customer during the time period in which problem ascertainment and repair are ongoing, so that the customer is advised of the status of the Cable Operator’s efforts to address the problem. (5) Problem Resolution A Cable Operator's customer service representatives shall have the authority to provide credit for interrupted service, to waive fees, to schedule service appointments and to change billing cycles, where appropriate. Any difficulties that cannot be resolved by the customer service representative shall be referred to the appropriate supervisor who shall contact the customer within four (4) hours and resolve the problem within forty eight (48) hours or within such other time frame as is acceptable to the customer and the Cable Operator. (6) Billing, Credits, and Refunds (i) In addition to other options for payment of a customer’s service bill, a Cable Operator shall make available a telephone payment option where a customer without account irregularities can enter payment information through an automated system, without the necessity of speaking to a CSR. (ii) A Cable Operator shall allow at least thirty (30) days from the beginning date of the applicable service period for payment of a customer's service bill for that period. If a customer's service bill is not paid within that period of time the Cable Operator may apply an administrative fee to the customer's account. The administrative fee must reflect the average costs incurred by the Cable Operator in attempting to collect the past due payment in accordance with applicable law. If the customer's service bill is not paid within forty-five (45) days of the beginning date of the applicable service period, the Cable Operator may perform a "soft" disconnect of the customer's service. If a customer's service bill is not paid within fifty-two (52) days of the beginning date of the applicable service period, the Cable Operator may disconnect the customer's service, provided it has provided two (2) weeks’ notice to the customer that such disconnection may result. (iii) The Cable Operator shall issue a credit or refund to a customer within 30 days after determining the customer's entitlement to a credit or refund. (iv) Whenever the Cable Operator offers any promotional or specially priced service(s) its promotional materials shall clearly identify and explain the specific terms of the promotion, including but not limited to manner in which any payment credit will be applied. (7) Treatment of Property:

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To the extent that a Franchise Agreement does not contain the following procedures for treatment of property, Operator shall comply with the procedures set forth in this Section. (i) A Cable Operator shall keep tree trimming to a minimum; trees and shrubs or other landscaping that are damaged by a Cable Operator, any employee or agent of a Cable Operator during installation or construction shall be restored to their prior condition or replaced within seven (7) days, unless seasonal conditions require a longer time, in which case such restoration or replacement shall be made within seven (7) days after conditions permit. Trees and shrubs on private property shall not be removed without the prior permission of the owner or legal tenant of the property on which they are located. This provision shall be in addition to, and shall not supersede, any requirement in any franchise agreement. (ii) A Cable Operator shall, at its own cost and expense, and in a manner approved by the property owner and the Franchising Authority, restore any private property to as good condition as before the work causing such disturbance was initiated. A Cable Operator shall repair, replace or compensate a property owner for any damage resulting from the Cable Operator's installation, construction, service or repair activities. If compensation is requested by the customer for damage caused by any Cable Operator activity, the Cable Operator shall reimburse the property owner one hundred (100) percent of the actual cost of the damage. (iii) Except in the case of an emergency involving public safety or service interruption to a large number of customers, a Cable Operator shall give reasonable notice to property owners or legal tenants prior to entering upon private premises, and the notice shall specify the work to be performed; provided that in the case of construction operations such notice shall be delivered or provided at least twenty-four (24) hours prior to entry, unless such notice is waived by the customer. For purposes of this subsection, “reasonable notice” shall be considered: (A) For pedestal installation or similar major construction, seven (7) days. (B) For routine maintenance, such as adding or dropping service, tree trimming and the like, reasonable notice given the circumstances. Unless a Franchise Agreement has a different requirement, reasonable notice shall require, at a minimum, prior notice to a property owner or tenant, before entry is made onto that person’s property. (C) For emergency work a Cable Operator shall attempt to contact the property owner or legal tenant in person, and shall leave a door hanger notice in the event personal contact is not made. Door hangars must describe the issue and provide contact information where the property owner or tenant can receive more information about the emergency work. Nothing herein shall be construed as authorizing access or entry to private property, or any other property, where such right to access or entry is not otherwise provided by law. 10

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(iv)

Cable Operator personnel shall clean all areas surrounding any work site and ensure that all cable materials have been disposed of properly.

(d) Services for Customers with Disabilities. (1) For any customer with a disability, a Cable Operator shall deliver and pick up equipment at customers' homes at no charge unless the malfunction was caused by the actions of the customer. In the case of malfunctioning equipment, the technician shall provide replacement equipment, hook it up and ensure that it is working properly, and shall return the defective equipment to the Cable Operator. (2) A Cable Operator shall provide either TTY, TDD, TYY, VRS service or other similar service that are in compliance with the Americans With Disabilities Act and other applicable law, with trained operators who can provide every type of assistance rendered by the Cable Operator's customer service representatives for any hearing-impaired customer at no charge. (3) A Cable Operator shall provide free use of a remote control unit to mobilityimpaired (if disabled, in accordance with Section 33-3(d)(4)) customers. (4) Any customer with a disability may request the special services described above by providing a Cable Operator with a letter from the customer's physician stating the need, or by making the request to the Cable Operator's installer or service technician, where the need for the special services can be visually confirmed. (e) Cable Services Information. (1) At any time a customer or prospective customer may request, a Cable Operator shall provide the following information, in clear, concise written form, easily accessible and located on Cable Operator’s website (and in Spanish, when requested by the customer): (i) Products and services offered by the Cable Operator, including its channel lineup; (ii) The Cable Operator's complete range of service options and the prices for these services; (iii) The Cable Operator's billing, collection and disconnection policies; (iv) Privacy rights of customers; (v) All applicable complaint procedures, including complaint forms and the telephone numbers and mailing addresses of the Cable Operator, and the FCC; (vi) Use and availability of parental control/lock out device; (vii) Special services for customers with disabilities; (viii) Days, times of operation, and locations of the service centers; (2) At a Customer’s request, a Cable Operator shall make available either a complete copy of these Standards and any other applicable customer service standards, or a summary of 11

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these Standards, in a format to be approved by CCUA and the Franchising Authority, which shall include at a minimum, the URL address of a website containing these Standards in their entirety; provided however, that if the CCUA or Franchising Authority does not maintain a website with a complete copy of these Standards, a Cable Operator shall be under no obligation to do so; If acceptable to a customer, Cable Operator may fulfill customer requests for any of the information listed in this Section by making the requested information available electronically, such as on a website or by electronic mail. (3) Upon written request, a Cable Operator shall meet annually with the Franchising Authority to review the format of the Cable Operator’s bills to customers. Whenever the Cable Operator makes substantial changes to its billing format, it will contact the Franchising Authority at least thirty (30) days prior to the time such changes are to be effective, in order to inform the Franchising Authority of such changes. (4) Copies of notices provided to the customer in accordance with subsection 5 below shall be filed (by fax or email acceptable) concurrently with the Franchising Authority and the CCUA. (5) A Cable Operator shall provide customers with written notification of any change in rates for nondiscretionary cable services, and for service tier changes that result in a deletion of programming from a customer’s service tier, at least thirty (30) days before the effective date of change. For purposes of this section, “nondiscretionary” means the subscribed tier and any other Cable Services that a customer has subscribed to, at the time the change in rates are announced by the Cable Operator. (6) All officers, agents, and employees of the Cable Operator or its contractors or subcontractors who are in personal contact with customers and/or when working on public property, shall wear on their outer clothing identification cards bearing their name and photograph and identifying them as representatives of the Cable Operator. The Cable Operator shall account for all identification cards at all times. Every vehicle of the Cable Operator shall be clearly visually identified to the public as working for the Cable Operator. Whenever a Cable Operator work crew is in personal contact with customers or public employees, a supervisor must be able to communicate clearly with the customer or public employee. Every vehicle of a subcontractor or contractor shall be labeled with the name of the contractor and further identified as contracting or subcontracting for the Cable Operator. (7) Each CSR, technician or employee of the Cable Operator in each contact with a customer shall state the estimated cost of the service, repair, or installation orally prior to delivery of the service or before any work is performed, and shall provide the customer with an oral statement of the total charges before terminating the telephone call or before leaving the location at which the work was performed. A written estimate of the charges shall be provided to the customer before the actual work is performed. (f) Customer Privacy. 12

Ordinance No. 10-2017 Cable Television Customer Service Standards

(1) Cable Customer Privacy. In addition to complying with the requirements in this subsection, a Cable Operator shall fully comply with all obligations under 47 U.S.C. Section 551. (2)

Collection and Use of Personally Identifiable Information. (i) A Cable Operator shall not use the Cable System to collect, monitor or observe Personally Identifiable Information without the prior affirmative written or electronic consent of the Customer unless, and only to the extent that such information is: (A) used to detect unauthorized reception of cable communications, or (B) necessary to render a Cable Service or Other Service provided by the Cable Operator to the Customer and as otherwise authorized by applicable law. (ii) A Cable Operator shall take such actions as are necessary using thencurrent industry standard practices to prevent any Affiliate from using the facilities of the Cable Operator in any manner, including, but not limited to, sending data or other signals through such facilities, to the extent such use will permit an Affiliate unauthorized access to Personally Identifiable Information on equipment of a Customer (regardless of whether such equipment is owned or leased by the Customer or provided by a Cable Operator) or on any of the facilities of the Cable Operator that are used in the provision of Cable Service. This subsection shall not be interpreted to prohibit an Affiliate from obtaining access to Personally Identifiable Information to the extent otherwise permitted by this subsection. (iii) A Cable Operator shall take such actions as are necessary using thencurrent industry standard practices to prevent a person or entity (other than an Affiliate) from using the facilities of the Cable Operator in any manner, including, but not limited to, sending data or other signals through such facilities, to the extent such use will permit such person or entity unauthorized access to Personally Identifiable Information on equipment of a Customer (regardless of whether such equipment is owned or leased by the Customer or provided by a Cable Operator) or on any of the facilities of the Cable Operator that are used in the provision of Cable Service.

(3) Disclosure of Personally Identifiable Information. A Cable Operator shall not disclose Personally Identifiable Information without the prior affirmative written or electronic consent of the Customer, unless otherwise authorized by applicable law. (i) A minimum of thirty (30) days prior to making any disclosure of Personally Identifiable Information of any Customer for any Non-Cable related purpose as provided in this subsection, where such Customer has not previously been provided the notice and choice provided for in this section, the Cable Operator shall notify each Customer (that the Cable Operator intends to disclose information about) of the Customer's right to prohibit the disclosure of such information for Non-cable related purposes. The notice to Customers may 13

Ordinance No. 10-2017 Cable Television Customer Service Standards

reference the Customer to his or her options to state a preference for disclosure or non-disclosure of certain information, as provided in this section. (ii) A Cable Operator may disclose Personally Identifiable Information only to the extent that it is necessary to render, or conduct a legitimate business activity related to, a Cable Service or Other Service provided by the Cable Operator to the Customer. (iii) To the extent authorized by applicable law, a Cable Operator may disclose Personally Identifiable Information pursuant to a subpoena, court order, warrant or other valid legal process authorizing such disclosure. (4) Access to Information. Any Personally Identifiable Information collected and maintained by a Cable Operator shall be made available for Customer examination within thirty (30) days of receiving a request by a Customer to examine such information about himself or herself at the local offices of the Cable Operator or other convenient place within the City designated by the Cable Operator, or electronically, such as over a website. Upon a reasonable showing by the Customer that such Personally Identifiable Information is inaccurate, a Cable Operator shall correct such information. (5)

Privacy Notice to Customers (i) A Cable Operator shall annually mail or provide a separate, written or electronic copy of the privacy statement to Customers consistent with 47 U.S.C. Section 551(a)(1), and shall provide a Customer a copy of such statement at the time the Cable Operator enters into an agreement with the Customer to provide Cable Service. The written notice shall be in a clear and conspicuous format, which at a minimum, shall be in a comparable font size to other general information provided to Customers about their account as it appears on either paper or electronic Customer communications. (ii) In or accompanying the statement required by this subsection, a Cable Operator shall state substantially the following message regarding the disclosure of Customer information: "Unless a Customer affirmatively consents electronically or in writing to the disclosure of personally identifiable information, any disclosure of personally identifiable information for purposes other than to the extent necessary to render, or conduct a legitimate business activity related to, a Cable Service or Other Service, is limited to: (A) Disclosure pursuant to valid legal process authorized by applicable law. (B) Disclosure of the name and address of a Customer subscribing to any general programming tiers of service and other categories of Cable Services provided by the Cable Operator that do not directly or indirectly disclose: (I) A Customer's extent of viewing of a Cable Service or Other Service provided by the Cable Operator; (II) The extent of any other use by a Customer of a Cable Service; (III) The nature of any transactions made by a Customer over the Cable System; or (IV) The nature of programming or websites that a Customer subscribes to or views (i.e., a Cable Operator may only disclose the 14

Ordinance No. 10-2017 Cable Television Customer Service Standards

fact that a person subscribes to a general tier of service, or a package of channels with the same type of programming), provided that with respect to the nature of websites subscribed to or viewed, these are limited to websites accessed by a Customer in connection with programming available from their account for Cable Services.” The notice shall also inform the Customers of their right to prohibit the disclosure of their names and addresses in accordance with this section. If a Customer exercises his or her right to prohibit the disclosure of name and address as provided in this section, such prohibition against disclosure shall remain in effect, unless and until the Customer subsequently changes their disclosure preferences as described below. (6) Privacy Reporting Requirements. The Cable Operator shall include in its regular periodic reports to the Franchising Authority required by its Franchise Agreement information summarizing: (i) The type of Personally Identifiable Information that was actually collected or disclosed by Cable Operator during the reporting period; (ii) For each type of Personally Identifiable Information collected or disclosed, a statement from an authorized representative of the Cable Operator certifying that the Personally Identifiable Information collected or disclosed was: (A) collected or disclosed to the extent Necessary to render, or conduct a legitimate business activity related to, a Cable Service or Other Service provided by the Cable Operator; (B) used to the extent Necessary to detect unauthorized reception of cable communications: (C) disclosed pursuant to valid legal process authorized by applicable law; or (D) a disclosure of Personally Identifiable Information of particular subscribers, but only to the extent affirmatively consented to by such subscribers in writing or electronically, or as otherwise authorized by applicable law. (iii) The standard industrial classification (SIC) codes or comparable identifiers pertaining to any entities to whom such Personally Identifiable Information was disclosed, except that a Cable Operator need not provide the name of any court or governmental entity to which such disclosure was made pursuant to valid legal process authorized by applicable law; (iv) The general measures that have been taken to prevent the unauthorized access to Personally Identifiable Information by a person other than the Customer or the Cable Operator. A Cable Operator shall meet with Franchising Authority if requested to discuss technology used to prohibit unauthorized access to Personally Identifiable Information by any means. (7) Nothing in this section shall be construed to prevent the Franchising Authority from obtaining Personally Identifiable Information to the extent not prohibited by Section 631 of the Communications Act, 47 U.S.C. Section 551 and applicable laws. (8) Destruction of Personally Identifiable Information. A Cable Operator shall destroy any Personally Identifiable Information if the information is no longer necessary for the 15

Ordinance No. 10-2017 Cable Television Customer Service Standards

purpose for which it was collected and there are no pending requests or orders for access to such information under this section, pursuant to a court order or other valid legal process, or pursuant to applicable law. (9) Notice and Choice for Customers. The Cable Operator shall at all times make available to Customers one or more methods for Customers to use to prohibit or limit disclosures, or permit or release disclosures, as provided for in this section. These methods may include, for example, online website “preference center” features, automated toll-free telephone systems, live toll-free telephone interactions with customer service agents, in-person interactions with customer service personnel, regular mail methods such as a postage paid, self-addressed post card, an insert included with the Customer’s monthly bill for Cable Service, the privacy notice specified in this section, or such other comparable methods as may be provided by the Cable Operator. Website “preference center” features shall be easily identifiable and navigable by Customers, and shall be in a comparable size font as other billing information provided to Customers on a Cable Operator’s website. A Customer who provides the Cable Operator with permission to disclose Personally Identifiable Information through any of the methods offered by a Cable Operator shall be provided follow-up notice, no less than annually, of the Customer’s right to prohibit these disclosures and the options for the Customer to express his or her preference regarding disclosures. Such notice shall, at a minimum, be provided by an insert in the Cable Operator’s bill (or other direct mail piece) to the Customer or a notice or message printed on the Cable Operator’s bill to the Customer, and on the Cable Operator’s website when a Customer logs in to view his or her Cable Service account options. The form of such notice shall also be provided on an annual basis to the Franchising Authority. These methods of notification to Customers may also include other comparable methods as submitted by the Cable Operator and approved by the Franchising Authority in its reasonable discretion. (g) Safety. A Cable Operator shall install and locate its facilities, cable system, and equipment in compliance with all federal, state, local, and company safety standards, and in such manner as shall not unduly interfere with or endanger persons or property. Whenever a Cable Operator receives notice that an unsafe condition exists with respect to its equipment, the Cable Operator shall investigate such condition immediately, and shall take such measures as are necessary to remove or eliminate any unsafe condition. (h) Cancellation of New Services. In the event that a new customer requests installation of Cable Service and is unsatisfied with their initial Cable Service, and provided that the customer so notifies the Cable Operator of their dissatisfaction within 30 days of initial installation, then such customer can request disconnection of Cable Service within 30 days of initial installation, and the Cable Operator shall provide a credit to the customer’s account consistent with this Section. The customer will be required to return all equipment in good working order; provided such equipment is returned in such order, then the Cable Operator shall refund the monthly recurring fee for the new customer’s first 30 days of Cable Service and any charges paid for installation. This provision 16

Ordinance No. 10-2017 Cable Television Customer Service Standards

does not apply to existing customers who request upgrades to their Cable Service, to discretionary Cable Service such as PPV or movies purchased and viewed On Demand, or to customer moves and/or transfers of Cable Service. The service credit shall be provided in the next billing cycle. Sec. 33-4. – Complaint Procedure. (a) Complaints to a Cable Operator. (1) A Cable Operator shall establish written procedures for receiving, acting upon, and resolving customer complaints, and crediting customer accounts and shall have such procedures printed and disseminated at the Cable Operator's sole expense, consistent with the standards set forth in this Section. (2) Said written procedures shall prescribe a simple manner in which any customer may submit a complaint by telephone or in writing to a Cable Operator that it has violated any provision of these Customer Service Standards, any terms or conditions of the customer's contract with the Cable Operator, or reasonable business practices. If a representative of the Franchising Authority notifies the Cable Operator of a customer complaint that has not previously been made by the customer to the Cable Operator, the complaint shall be deemed to have been made by the customer as of the date of the Franchising Authority’s notice to the Cable Operator. (3) At the conclusion of the Cable Operator's investigation of a customer complaint, but in no more than ten (10) calendar days after receiving the complaint, the Cable Operator shall notify the customer of the results of its investigation and its proposed action or credit. (4) A Cable Operator shall also notify the customer of the customer's right to file a complaint with the Franchising Authority in the event the customer is dissatisfied with the Cable Operator's decision, and shall thoroughly explain the necessary procedures for filing such complaint with the Franchising Authority. (5) A Cable Operator shall immediately report all customer escalated complaints that it does not find valid to the Franchising Authority. (6) A Cable Operator's complaint procedures shall be filed with the Franchising Authority prior to implementation. (b) Complaints to the Franchising Authority. (1) Any customer who is dissatisfied with any proposed decision of the Cable Operator or who has not received a decision within the time period set forth below shall be entitled to have the complaint reviewed by the Franchising Authority. 17

Ordinance No. 10-2017 Cable Television Customer Service Standards

(2) The customer may initiate the review either by calling the Franchising Authority or by filing a written complaint together with the Cable Operator's written decision, if any, with the Franchising Authority. (3) The customer shall make such filing and notification within twenty (20) days of receipt of the Cable Operator's decision or, if no decision has been provided, within thirty (30) days after filing the original complaint with the Cable Operator. (4) If the Franchising Authority decides that further evidence is warranted, the Franchising Authority shall require the Cable Operator and the customer to submit, within ten (10) days of notice thereof, a written statement of the facts and arguments in support of their respective positions. (5) The Cable Operator and the customer shall produce any additional evidence, including any reports from the Cable Operator, which the Franchising Authority may deem necessary to an understanding and determination of the complaint. (6) The Franchising Authority shall issue a determination within fifteen (15) days of receiving the customer complaint, or after examining the materials submitted, setting forth its basis for the determination. (7) The Franchising Authority may extend these time limits for reasonable cause and may intercede and attempt to negotiate an informal resolution. (c) Security Fund or Letter of Credit. A Cable operator shall comply with any Franchise Agreement regarding Letters of Credit. If a Franchise Agreement is silent on Letter of Credit the following shall apply: (1) Within thirty (30) days of the written notification to a Cable Operator by the Franchising Authority that an alleged Franchise violation exists, a Cable Operator shall deposit with an escrow agent approved by the Franchising Authority fifty thousand dollars ($50,000) or, in the sole discretion of the Franchising Authority, such lesser amount as the Franchising Authority deems reasonable to protect subscribers within its jurisdiction. Alternatively, at the Cable Operator’s discretion, it may provide to the Franchising Authority an irrevocable letter of credit in the same amount. A letter of credit or cash deposit, with the approval of the Franchising Authority, may be posted jointly for more than one member of the CCUA, and may be administered, and drawn upon, jointly by the CCUA or drawn upon individually by each member; provided however that if such letter of credit or cash deposit is provided to CCUA on behalf of more than one of its members, the letter of credit or cash deposit may, in the sole discretion of CCUA and its effected members, be required in an amount not to exceed one hundred thousand dollars ($100,000). The escrowed funds or letter of credit shall constitute the "Security Fund" for ensuring compliance with these Standards for the 18

Ordinance No. 10-2017 Cable Television Customer Service Standards

benefit of the Franchising Authority. The escrowed funds or letter of credit shall be maintained by a Cable Operator at the amount initially required, even if amounts are withdrawn pursuant to any provision of these Standards, until any claims related to the alleged Franchise violation(s) are paid in full. (2) The Franchising Authority may require the Cable Operator to increase the amount of the Security Fund, if it finds that new risk factors exist which necessitate such an increase. (3) The Security Fund shall serve as security for the payment of any penalties, fees, charges or credits as provided for herein and for the performance by a Cable Operator of all its obligations under these Customer Service Standards. (4) The rights reserved to the Franchising Authority with respect to the Security Fund are in addition to all other rights of the Franchising Authority, whether reserved by any applicable franchise agreement or authorized by law, and no action, proceeding or exercise of a right with respect to same shall in any way affect, or diminish, any other right the Franchising Authority may otherwise have. (d) Verification of Compliance. A Cable Operator shall establish its compliance with any or all of the standards required through annual reports that demonstrate said compliance, or as requested by the Franchising Authority. (e) Procedure for Remedying Violations. (1) If the Franchising Authority has reason to believe that a Cable Operator has failed to comply with any of these Standards, or has failed to perform in a timely manner, the Franchising Authority may pursue the procedures in its Franchise Agreement to address violations of these Standards in a like manner as other franchise violations are considered. (2) Following the procedures set forth in any Franchise Agreement governing the manner to address alleged Franchise violations, if the Franchising Authority determines in its sole discretion that the noncompliance has been substantiated, in addition to any remedies that may be provided in the Franchise Agreement, the Franchising Authority may: (i) Impose assessments of up to one thousand dollars ($1,000.00) per day, to be withdrawn from the Security Fund in addition to any franchise fee until the non-compliance is remedied; and/or (ii) Order such rebates and credits to affected customers as in its sole discretion it deems reasonable and appropriate for degraded or unsatisfactory services that constituted noncompliance with these Standards; and/or (iii) Reverse any decision of the Cable Operator in the matter and/or 19

Ordinance No. 10-2017 Cable Television Customer Service Standards

(iv) Grant a specific solution as determined by the Franchising Authority; and/or (v) Except for in emergency situations, withhold licenses and permits for work by the Cable Operator or its subcontractors in accordance with applicable law. Sec 33-5. – Miscellaneous (a) Severability. Should any section, subsection, paragraph, term, or provision of these Standards be determined to be illegal, invalid, or unconstitutional by any court or agency of competent jurisdiction with regard thereto, such determination shall have no effect on the validity of any other section, subsection, paragraph, term, or provision of these Standards, each of the latter of which shall remain in full force and effect. (b) Non-Waiver. Failure to enforce any provision of these Standards shall not operate as a waiver of the obligations or responsibilities of a Cable Operator under said provision, or any other provision of these Standards.

Section 2. If any article, section, paragraph, sentence, clause or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 3. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof is hereby repealed to the extent of such inconsistency or conflict. Section 4. The repeal or modification of any provision of the Code of Ordinances of Lafayette, Colorado by this ordinance shall not release, extinguish, alter, modify or change in whole or in part any penalty, forfeiture or liability, either civil or criminal, which shall have been incurred under such provision. Each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions for enforcement of the penalty, forfeiture or liability, as well as for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered or made in such actions, suits, proceedings or prosecutions. Section 5. This ordinance is deemed necessary for the protection of the health, welfare and safety of the community.

20

Ordinance No. 10-2017 Cable Television Customer Service Standards

Section 6. 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 AND PUBLIC NOTICE ORDERED THE 21ST DAY OF FEBRUARY 2017. PASSED ON SECOND AND FINAL READING AND PUBLIC NOTICE ORDERED THE ________ DAY OF ______________________ 2017. CITY OF LAFAYETTE, COLORADO ____________________________________ Christine Berg, Mayor ATTEST:

APPROVED AS TO FORM:

__________________________________ Susan Koster, CMC, City Clerk

____________________________________ David S. Williamson, City Attorney

21

MEMO To:

Gary Klaphake, City Administrator

From:

Greg Thompson, Senior Planner

Date:

February 15, 2017

Subject:

First Reading / Ordinance No. 4, Series 2017 / An ordinance of the City of Lafayette amending section 26-19 of the code of ordinances of Lafayette, Colorado pertaining to public land dedication requirements.

Recommendation: Approval of: 1. First Reading / Ordinance No. 4, Series 2017 / An ordinance of the City of Lafayette amending section 26-19 of the code of ordinances of Lafayette, Colorado pertaining to public land dedication requirements. Background: When someone wishes to subdivide property, a variety of fees are charged, examples include dedication of raw water to insure there is water to provide for the eventual users of the property, storm water fees to address those issues, and a public arts fee among others. Public Land Dedication fees are designed to approximate the cost to acquire land sufficient to meet park needs for the ensuing year. (Sec. 26-19-22(c)) Section 26-19-19 of the Lafayette Municipal Code provides information on Public Land Dedication by stating: Every annexation, subdivision or residential or commercial development shall require the dedication of certain sites for parks and recreation use, and may require reservation of sites for school and other public purposes. Land dedicated may include the one hundred year floodplain, national and state historical or natural features, and proposed public areas set aside in state, regional, county or city comprehensive plans. Land dedicated shall not include sites for technical, private or public schools sites, public agencies, sites for service organizations which are not open to the general public, and sites unsuitable for public use due to steep slopes, rock formations, adverse topography, utility easements, or other features which may be harmful to the health and safety of the public. These requirements shall not apply in cases where dedication arrangements were made and approved by the city council at the time of annexation or previous subdivision of the property. In addition to the Public Land Dedication requirements at the time of subdivision as noted above, there is a separate Parks and Recreation Fee that is charged at time of building permit. The Code discusses this fee at section 30-9 of the municipal code: Any contractor applying for a building permit in accordance with the applicable ordinances and codes of the city, shall, as a condition to obtaining such building permit, pay to the city a fee for parks and recreation acquisition and development as set by resolution of city council, which payment shall be made at the time of issuance of a building permit or at a later time

pursuant to Article XIV of this chapter. Where any dwelling unit is razed and subsequently rebuilt, the amount owing for the parks and recreation acquisition and development fee may be discounted in an amount set by resolution of city council for each dwelling unit razed. The Lafayette Municipal Code currently requires the following for Public Land Dedication. The Cash in Lieu option is set by resolution as a fee: Residential – 12% of the site Commercial/Industrial – 6% of the site Cash in Lieu - $2 per square foot The current proposal would adjust the amount of Public Land Dedication to: Residential – 15% of the site Commercial/Industrial – 12% of the site Cash in Lieu – market value During the review of this Code section, LOSAC and parks staff offered some code changes that seem superfluous if a market value approach is used. Comprehensive Plan: A variety of Comprehensive Plan policies relate to this proposal to increase the PLD percentage, including: Policy B.2.4 - On a regular basis, conduct a review of all development related fees to ensure that new development pays its fair share, and to ensure that the application of the various fees are not unduly burdening development or redevelopment. Policy H.3.5 - Periodically review the Development and Zoning Code in order to set the appropriate amount of the City's public land dedication requirement for new development. Staff Comment: These policies relate to the action at hand, which is to review the PLD requirements and adjust them as appropriate. The proposed change complies with these Comprehensive Plan Policies. Policy H.1.2 - Ensure proposed development plans maximize park services through land dedication requirements and that new park, open space and trail sites are located appropriately.

Policy H.1.4 – Provide adequate park, open space, trail and outdoor recreation acreage to accommodate future recreation needs based on population growth. Policy H.1.7 - Create a citywide trails system that provides access to existing and future regional trail systems and that supports the Multi-modal Transportation Plan Map (referenced in Policy G.2.13) which aims to link parks and open space areas, civic amenities, and other public activity centers such as schools and the library, where possible. Policy H.1.8 - Evaluate appropriately spaced rest stop improvements such as benches and shade structures on public trails. Policy H.1.12 - Add signage along existing trails to improve wayfinding on the City’s trail system.

PLD Code Amendment Page 2 of 3

Policy H.1.13 - Review requirements for public land dedication to allow partial credit, rather than prohibition, for lands consisting of steep slopes, rock formations, utility easements or other adverse features. Staff Comment: These six policies address improvements that are needed to the existing and future parks and trails system in Lafayette. Providing additional funding to implement these policies complies with the intent of the Comprehensive Plan policies listed. Planning Commission: The Planning Commission met on January 25, 2017 where they recommended approval of the proposed code changes. Fiscal Impact: Additional funds would be raised for parks and recreation projects from those developments that have not already gone through the land use process to some degree where the Public Land Dedication was already identified. Attachment: Ordinance No. 4, Series 2017

PLD Code Amendment Page 3 of 3

ORDINANCE NO. 4, SERIES 2017 INTRODUCED BY: AN ORDINANCE OF THE CITY OF LAFAYETTE, COLORADO AMENDING SECTION 26-19 OF THE CODE OF ORDINANCES OF LAFAYETTE, COLORADO, PERTAINING TO PUBLIC LAND DEDICATION REQUIREMENTS.

WHEREAS, Section 26-19-19 of the Lafayette Code of Ordinance requires the dedication of land for public park and recreation use in the case of annexation, subdivision, and residential or commercial development (“Public Land Dedication Requirement” or “PLD”); and WHEREAS, the Planning Commission held a public hearing on proposed amendments to the Public Land Dedication Requirements on January 25, 2017, and, after studying the current and proposed requirements, recommended increasing the amount of the requirements as well as the method of calculating the fee-in-lieu of dedication; and WHEREAS, a public hearing concerning this ordinance and the proposed changes to the Public Land Dedication Requirements was held before the City Council on February 21, 2017; and WHEREAS, Council finds that a number of Comprehensive Plan Policies support increasing the PLD requirement, including Policies B.2.4, H.3.5, H.1.2, H.1.4, H.1.7, H.1.8, H.1.12, and H.1.13 ; and WHEREAS, based on the information provided to Council at the public hearing on this ordinance, Council finds that the current PLD Requirements do not yield sufficient public land as is necessary to serve the associated increased demands by reason of such development; and that the modifications in the PLD Requirements of this ordinance do not result in an unfair or undue burden on future development or otherwise increase the dedication requirements beyond that as is necessitated by reason of development. NOW, THEREFORE, THE CITY OF LAFAYETTE, COLORADO ORDAINS: SECTION 1. That Section 26-19-20 of Chapter 26, Development and Zoning, of the Code of Ordinances of the City of Lafayette, Colorado is hereby amended to read as follows 1: SECTION 26-19-20. Method and amount of land dedicated. 1

Additions to the current text of the Code are indicated by underlining, and deletions are indicated by strikethrough.

City of Lafayette Ordinance XX, Series 2017 Page 2 of 3

(a) The subdivider/developer of residential property shall convey to the city, by means of a final plat dedication or deed land to be used for public recreation at locations designated by the city in the following manner: The subdivider shall dedicate twelve (12)fifteen (15) percent of the total land area to the city, except in cases where satisfactory dedication arrangements were made and approved by the city council at the time of annexation and/or prior subdivision. (b) In the case of commercial and industrial development, the subdivider or developer shall dedicate and convey to the city by means of final plat dedication or deed, at locations designated by the city, six (6)twelve (12) percent of the total gross lot area to be used as public recreation. (c) A minimum of eighty (80) percent of land dedicated shall lend itself to utilization for public recreation purposes which include, but are not limited to, the following: playfields, tennis courts, and picnic sites. SECTION 2. That Section 26-19-22 of Chapter 26, Development and Zoning, of the Code of Ordinances of the City of Lafayette, Colorado is hereby amended to read as follows 2: SECTION 26-19-22. Cash payment in lieu of dedication. (a) At the option ofIf the city council, in its sole discretion, determines that there is insufficient, suitable land available within the subdivision to meet the dedication requirement of section 26-19-19 of this chapter, the subdivider or developer may shall be required before final approval of the subdivision, to pay to the city a payment in cash, or a transfer of other suitable property, in lieu of land dedication requirements. The amount ofSuch cash payment shall be in as determined by this Sectionan amount equal to the fair market value of the property that was to be dedicated pursuant to section 26-19-20 of this chapter. If the city council determines to accept other property instead of, or as a partial payment toward the cash payment required hereunder, the council shall determine the fair market value of the other property shall be used as the basis of the satisfaction of the requirement. (b) A payment in lieu of land dedication shall be made prior to final approval of the subdivision, and such payment shall be used for the acquisition of land and for the improvement of parks, playgrounds and recreation areas in the city, which may benefit the residents of the city in general, as well as those of the proposed subdivision. (c) The land dedication fee which may be accepted in lieu of land dedication shall be established by resolution. These fees shall approximate the cost to acquire land sufficient to meet park needs for the ensuing year.

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 2

Additions to the current text of the Code are indicated by underlining, and deletions are indicated by strikethrough.

City of Lafayette Ordinance XX, Series 2017 Page 3 of 3

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. This ordinance shall become effective upon the latter of the 10th day following enactment, or the day following final publication of the ordinance. INTRODUCED, PASSED ON FIRST READING AND PUBLIC NOTICE ORDERED THE _____ DAY OF _________________, 2017. PASSED ON SECOND AND FINAL READING AND PUBLIC NOTICE ORDERED THIS _____ DAY OF ________________, 2017.

ATTEST

CITY OF LAFAYETTE, COLORADO

________________________________ Susan Koster, CMC, City Clerk

Christine Berg, Mayor

APPROVED AS TO FORM:

David S. Williamson, City Attorney

To: From: Date: Subject:

Gary Klaphake, City Administrator Jon Hoffman, Planner February 15, 2017 Indian Peaks Subdivision Filing No. 2 Replat B 1. Final Plan/PUD; 2. First Reading / Ordinance No. 05, Series 2017 / Rezoning of Indian Peaks Filing No. 2 Replat B from R1/PUD (Medium Density Residential/Planned Unit Development) to R2/PUD (Single and Two-Family Residential/Planned Unit Development); 3. Resolution 2017-12 / Growth Management Permit Allocation; 4. First Reading / Ordinance No. 06, Series 2017 / Vacation of Emergency and Pedestrian Access Easement; 5. Site Plan/Architectural Review Recommendation: Approval of; 1. Final Plan/PUD subject to recording Plat within 30 days of City Council approval; 2. First Reading / Ordinance No. 05, Series 2017 / Rezoning of Indian Peaks Filing No. 2 Replat B from R1/PUD (Medium Density Residential/Planned Unit Development) to R2/PUD (Single and Two-Family Residential/Planned Unit Development); 3. Resolution 2017-12 / Growth Management Permit Allocation; 4. First Reading / Ordinance No. 06, Series 2017 / Vacation of Emergency and Pedestrian Access Easement; 5. Indian Peaks Subdivision Filing No. 2 Replat B Site Plan/Architectural Review subject to the seven (7) conditions of approval as recommended by the Planning Commission. Background: On October 26, 2016 Planning Commission approved Indian Peaks Filing No. 2 Replat B Preliminary Plan/PUD, recommended approved for the Site Plan/Architectural review subject to seven (7) conditions of approval, recommended approval of the vacation of the emergency and pedestrian access easement, recommended approval for the Growth Permit Allocation, and recommended approval of the rezoning of the property from R1/PUD (Medium Density Residential/Planned Unit Development) to R2/PUD (Single and Two-Family Residential/Planned Unit Development). Final Plan/PUD: The final plan/PUD includes development of a 10-lot paired single-family residential development on approximately 3.55 acres of land located on the north side of Baseline Road between Highway 287 and 95th Street. The 10-lot paired single-family homes on the 3.55 acres are a gross density of 2.82 dwelling units per acre. The plan also includes a proposed new public street connection to Baseline Road which would align with Gold Hill Drive to the south and a pedestrian connection to Indian Peaks Trail on the north edge of property. On September 6, 2016 City Council accepted cash in lieu fee of $5,000 to meet the visitability requirements. The purpose of the final plan is to provide a review of the legal documents that will become a part of the City

and County records. Staff has reviewed the Indian Peaks Filing No. 2 Replat B final plat and PUD and recommends approval. Rezoning: The applicant is requesting to rezone the property from R1/PUD (Medium Density Residential/Planned Unit Development) to R2/PUD (Single and Two-Family Residential/Planned Unit Development). The Comprehensive Plan Land Use designation for the subject property is Medium Density Residential which is appropriate for residential development up to six (6) dwelling units per acre. Indian Peaks Filing No. 2 Replat B proposed gross density of 2.82 dwelling units per acre is within the Medium Density Residential land use designation and is appropriate for R1 or R2 zoning. The proposed R2 zoning allows for certain specific uses, including paired homes or duplexes that are not permitted in the R1 zoning district. The property is located on the north side of Baseline Road which serves as a main vehicular thoroughfare of Lafayette. There are singlefamily, duplexes, and townhouses along Baseline Road through the City. Growth Management Permit Allocation: The final plan also includes a proposed building permit allocation of 10 residential dwelling permits in 2017. Staff recommends approval of Resolution 2017-12 finding that the permits are available in 2017 to accommodate this request. Vacation of Emergency and Pedestrian Easement: The Planning Commission recommended the vacation of the Emergency and Pedestrian Access Easement finding that the existing easement would be located between private rear yards on either side of the trail, the emergency access and pedestrian connection was no longer needed at this location, and the easement would hinder this development. Site Plan/Architectural Review: Planning Commission recommend approval to the site plan and architectural review subject to the seven (7) conditions of approval citing that the scale is appropriate to the site and function of the project; the home design will provide variation of detail and form; the landscape treatment of exterior spaces enhances the quality of the project and exterior lighting will not shine directly on adjacent properties; and that the size and design of the paired homes will create comparable massing of size in respect to the large homes within the Indian Peaks Subdivision. Fiscal Impact: Normal fees and charges will apply where applicable. Attachments: 1. Planning Commission Staff Report dated October 20, 2016 2. First Reading / Ordinance No. 05, Series 2017/ Rezoning of Indian Peaks Filing No. 2 Replat B from R1/PUD (Medium Density Residential/Planned Unit Development) to R2/PUD (Single and Two-Family Residential/Planned Unit Development); 3. Resolution 2017-12 / Growth Permit Allocation 4. First Reading / Ordinance No. 06, Series 2017 / Vacation of Emergency and Pedestrian Access Easement 5. PC Notice of Decision – Preliminary Plan / PUD 6. Indian Peaks Filing No. 2 Replat B Final Plans

ORDINANCE NO. 05, Series 2017 INTRODUCED BY: COUNCILOR AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAFAYETTE REZONING TRACT 1, INDIAN PEAKS FILING NO. 2 FROM R1/PUD (MEDIUM DENSITY RESIDENTIAL/PLANNED UNIT DEVELOPMENT) TO R2/PUD (SINGLE AND TWOFAMILY RESIDENTIAL/PLANNED UNIT DEVELOPMENT) ZONE DISTRICT WHEREAS, the City Council of the City of Lafayette, Colorado finds that a proper application for rezoning certain land within the Indian Peaks Subdivision Filing No. 2 Replat B as more fully described and depicted on Exhibit A, (the “Property”) has been submitted by the applicant to the City; and WHEREAS, the Planning Commission, after a Public Hearing on October 16, 2016 and careful consideration of all relevant facts, has recommended approval of the requested rezoning to the City Council; and WHEREAS, the City Council has held a public hearing concerning the rezoning request in conformance with the Lafayette Code of Ordinance; and WHEREAS, the City Council of the City of Lafayette finds that due to changed or changing conditions in the area of the land for which rezoning is requested, and to conform to the Comprehensive Plan, it is in the public interest and reasonably necessary to rezone the subject property to R2/PUD (Single and Two-Family Residential/Planned Unit Development); and WHEREAS, the City Council of the City of Lafayette finds and declares that all officers, boards, and the City Council have complied with all applicable provisions of the City Charter, City Ordinances and State Statues. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO: SECTION 1. That the land described and depicted on Exhibit A, shall be rezoned from R1/PUD (Medium Density Residential/Planned Unit Development) to R2/PUD (Single and TwoFamily Residential/Planned Unit Development). SECTION 2. That the City Council certifies a change in the Zoning Map zoning the property described herein to City of Lafayette R2/PUD (Single and Two-Family Residential/Planned Unit Development). SECTION 3. That the City Council directs that a certified copy of this Ordinance be filed with the City Clerk and further, that the City Clerk index, file and make the Ordinance available to the public. SECTION 4. If any article, section, paragraph, sentence, clause or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or

constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. SECTION 5. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof is hereby repealed to the extent of such inconsistency or conflict. SECTION 6. The repeal or modification of any provision of the Code of Ordinances of Lafayette, Colorado by this ordinance shall not release, extinguish, alter, modify or change in whole or in part any penalty, forfeiture or liability, either civil or criminal, which shall have been incurred under such provision. Each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions for enforcement of the penalty, forfeiture or liability, as well as for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered or made in such actions, suits, proceedings or prosecutions. SECTION 7. This ordinance is deemed necessary for the protection of the health, welfare and safety of the community. SECTION 8. This ordinance shall become effective upon the latter of the 10th day following enactment, or the day following final publication of the ordinance.

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

ATTEST:

CITY OF LAFAYETTE, COLORADO

Susan Koster, City Clerk CMC

Christine Berg, Mayor

APPROVED AS TO FORM:

____________________________ David S. Williamson, City Attorney

City of Lafayette Ordinance No. 05, Series 2017 Page 2

EXHIBIT A

City of Lafayette Ordinance No. 05, Series 2017 Page 3

CITY OF LAFAYETTE RESOLUTION NO. 2017-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO DETERMINING EXEMPT OR NONEXEMPT STATUS UNDER GROWTH MANAGEMENT FOR INDIAN PEAKS SUBDIVISION FILING NO. 2 REPLAT B WHEREAS, the people of the City of Lafayette, Colorado amended Section 6.10 of the City of Lafayette home Rule Charter in the November 6, 2012 election to provide that the total number of new dwelling units permitted between January 1, 2013, and January 1, 2019, shall not exceed one thousand two hundred (1,200), but exempting those developments that were assigned a priority classification and building permit allocation prior to November 6, 2012, as well as those properties that were eligible to be categorized as “otherwise entitled to priority” by reason of commitments made by the City that existed prior to May 23, 1995; and WHEREAS, City Council adopted Ordinance No. 11-2013 on May 21, 2013, codifying the criteria to be used in allocating new non-exempt dwelling unit permits under Section 6.10 of the Charter; and WHEREAS, Section 30-272(d)(1) of the Lafayette Code of Ordinances states “If such total allocation requirements can be fulfilled, the Planning Director will assign to the development in conjunction with the preliminary plan approval a proposed development’s annual allocation and schedule for dwelling unit building permits in sufficient numbers to achieve the proposed build-out of the development. The proposed development annual allocation and schedule shall be subject to approval by City Council in conjunction with the development’s final plan; and WHEREAS, an application for a Preliminary Plan and PUD for Indian Peaks Filing No. 2 Replat B was approved by the Lafayette Planning Commission on June 29, 2016, which included a request for ten (10) dwelling units; and WHEREAS, the Lafayette Planning Commission recommended approval of the Site Plan Architectural Review Plan with a condition that the subdivision have an allocation of: ten (10) dwelling units; and WHEREAS, the Lafayette City Council approved Site Plan Architectural Review for Indian Peaks Subdivision Filing No. 2 Replat B on February 21, 2017. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO, AS FOLLOWS: 1.

The City Council hereby determines Indian Peaks Subdivision Filing No. 2 Replat B, which includes ten (10) dwelling units, does not meet the definition of Exempt per by Section 30-270 of the Lafayette Code or Ordinances, and is hereby determined to be Non-Exempt.

2.

The City Council hereby assigns an allocation for Indian Peaks Subdivision Filing No. 2 Replat B, of: ten (10) dwelling unit in 2017 and any unused of the ten (10)

Resolution 2017-12 Page 2 of 2 permits annually thereafter. 3.

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

PASSED and RESOLVED the 21st day of February, 2017. CITY OF LAFAYETTE, COLORADO

Christine Berg, Mayor ATTEST:

APPROVED AS TO FORM:

Susan Barker, CMC City Clerk

Dave Williamson, City Attorney

2

Resolution 2017-12 Page 2 of 2

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

No. of Dwelling Units 2

Trails at Coal Creek

317

Jerado Minor Subdivision Lot 2

1

Coal Creek Village Filing No. 12 10

Village Cove

5

811 Baseline Apartments Minor Subdivision / P.U.D.

35

Spring Creek Filing No. 3

4

Indian Peaks Filing No. 2 10 Replat B

3

Permit Allocation Year No. Permits 2014 2 Annually, 2 thereafter 2015 26 2016 96 2017 96 2018 96 Annually, 50 thereafter 2015 1 Annually, 1 thereafter until build out 2016 12 Annually, 12 thereafter until build out 2017 5 Annually, thereafter until build out 5 2017 35 Annually, thereafter until build out 2017 4 Annually, thereafter until build out 2017 10 Annually, thereafter until build out

ORDINANCE NO. 06, SERIES 2017 INTRODUCED BY: AN ORDINANCE VACATING THE EMERGENCY ACCESS AND PEDESTRIAN ACCESS EASEMENT ON INDIAN PEAKS SUBDIVISION FILING 2 REPLAT B. WHEREAS, on October 16, 2016 the Planning Commission recommended approval of the Indian Peaks Filing No. 2 Replat B including recommendation to vacate the emergency and pedestrian access easement located along the north edge of Tract I Indian Peaks Filing No 2, decribed in Exhibit A; and WHEREAS, on February 21, 2017 City Council approved Indian Peaks Subdivision Filing 2 Replat B; and WHEREAS, the existing emergency and pedestain access easement are requested to be vacated in order to accommodate the proposed development lots; and NOW, THEREFORE, THE CITY OF LAFAYETTE ORDAINS: Section 1. The emergency and pedestrian access easement located along the north edge of Indian Peaks Subdivision Filing No 2 Replat B, dedicated to the City by reason of the approval and recordation of the Indian Peaks Filing 2, as described in the attached Exhibit A, shall be vacated upon the fulfillment of the following condition: a) The recording of Indian Peaks Subdivision Filing 2 Replat B Plat and PUD. Section 2. The Council finds that the emergency and pedestrain access easements to be vacated are no longer necessary for the public use and convenience. Section 3. This ordinance shall become effective upon the latter of the 10th day following enactment, or the day following final publication of the ordinance. Section 4. The City Clerk is hereby instructed to record this ordinance concurrently with or prior to the recording of Indian Peaks Subdivision Filing 2 Replat B Plat and PUD with the Boulder County Clerk and Recorder. Section 5. If any article, section, paragraph, sentence, clause or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 6. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof is hereby repealed to the extent of such inconsistency or conflict.

City of Lafayette Ordinance No 06, Series 2017 Page 2

Section 7. The repeal or modification of any provision of the Code of Ordinances of Lafayette, Colorado by this ordinance shall not release, extinguish, alter, modify or change in whole or in part any penalty, forfeiture or liability, either civil or criminal, which shall have been incurred under such provision. Each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions for enforcement of the penalty, forfeiture or liability, as well as for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered or made in such actions, suits, proceedings or prosecutions. Section 8. This ordinance is deemed necessary for the protection of the health, welfare and safety of the community. Section 9. This ordinance shall become effective upon the latter of the 10th day following enactment, or the day following final publication of the ordinance.

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

ATTEST:

CITY OF LAFAYETTE, COLORADO

Susan Koster, CMC, City Clerk

Christine Berg, Mayor

APPROVED AS TO FORM:

David S. Williamson, City Attorney

City of Lafayette Ordinance No 06, Series 2017 Page 3 EXHIBIT A – Page 1 of 2

City of Lafayette Ordinance No 06, Series 2017 Page 4 EXHIBIT A – Page 2 of 2

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

Date: 10-16-16 File Number: PP-8-16, PUD-13-16 Z-7-16, VA-7-16, AR-28-16

Project Name: Indian Peaks Filing No. 2 Replat B Preliminary Plan/PUD Review Project Summary: The Preliminary Plan/PUD Review of a 10-lot paired single-family residential development on approximately 3.55 acres of land located on the north side of Baseline Road between Highway 287 and 95th Street. The plan also includes: 1.22 acres of private open area, existing and proposed public sidewalks, private trails, and connections to an existing park in Indian Peaks Filing No. 2. The application include a request to rezone the property from R1 (Medium Density Residential) to R2 (Single and Two-family Residential) to allow for the paired home product. Applicant/Owner: McStain Neighborhoods/Peregrine Park LLC Site Location: north of and adjacent to Baseline Road between U.S. Highway 287 and 95th Street Action Taken: Planning Commission approved the Preliminary Plan/PUD for Indian Peaks Filing No. 2 Replat B subject to the conditions of approval listed below. Planning Commission recommended approval of the Rezoning for Indian Peaks Filing No. 2 Replat B subject to the conditions of approval listed below. Planning Commission recommended approval of the Site Plan/Architectural Review for Indian Peaks Filing No. 2 Replat B subject to the conditions of approval listed below. Planning Commission recommended approval of the Vacation of the Public Right-of-Way Easement with no conditions. Planning Commission Vote: Preliminary Plan/PUD: 6 in favor, 1 opposed Rezoning: Unanimous Site Plan/Architectural Review: 6 in favor, 1 opposed Easement Vacation: 4 in favor, 3 opposed Appeal Process: City Council can appeal the Planning Commission decision regarding the Preliminary Plan/PUD no later than their November 15, 2016 meeting. Applicant or citizens can appeal within 14 days or by 5:00 p.m., November 9, 2016. The Planning Commission decisions regarding the Rezoning, Site Plan/Architectural Review and Easement Vacation are recommendations to City Council and staff will forward the applications on to the City Council for decisions. Conditions of Approval: A. Preliminary Plan/PUD Amendment 1. Street A shall be dedicated to the City as a public street, the applicant will work with staff on the extent of street maintenance required by the Home Owners Association; 2. With Final Plan submittal that Street A shall be renamed to something similar to the typical Indian Peaks street names.

1290 S. Public Rd.  Lafayette, Colorado 80026  (303) 665-5588 Fax (303) 665-2153

Indian Peaks Filing No. 2 Replat B Preliminary Plan/PUD Review Notice of Decision Page 2 of 2

B. Rezoning 1. Approval of the rezoning from R1/PUD to R2/PUD shall be subject to approval of the preliminary plan/PUD. C. Site Plan / Architectural Review 1. A RTD approved bus stop shelter with trash receptacle shall be installed at the existing stop along Baseline Road adjacent to the subdivision and maintained by the Home Owners Association; 2. The landscape plan shall be amended to include street trees along both sides of Street A at a rate of 1 tree per 40 feet as required by Code; 3. Three (3) evergreen trees shall be planted on the northeast corner of Outlot B; 4. The paired homes shall alternate color schemes so that homes next to each other will not have the same color scheme; 5. Staff recommends that final lighting fixtures shall be approved by staff with the Final Plan. 6. No structures except fences be permitted within the 30 foot Ditch Easement; 7. Should the Emergency and Pedestrian Access Easement not be vacated, all fencing for the development shall be split rail in design to retain the open space feel and intent of the trail. ***************************************************************** Distribution: x File x City Attorney x Applicant x Building Official x City Council x Plans Analyst x Planning Commission x Public Works 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)

34

33

T1N.R69W T1S.R69W 3 4

300 East Mineral Ave., Suite 1 Littleton, Colorado 80122 Phone: (303) 713-1898 Fax: (303) 713-1897 www.aztecconsultants.com

AzTec Consultants, inc.

LOT 7

LOT 8

LOT 10 LOT 9

LOT 3

LOT 2

LOT 6

LOT 4

LOT 5

OUTLOT B

LOT 1

OUTLOT A

MONUMENT SYMBOL LEGEND

300 East Mineral Ave., Suite 1 Littleton, Colorado 80122 Phone: (303) 713-1898 Fax: (303) 713-1897 www.aztecconsultants.com

AzTec Consultants, inc.

To: From: Date: Subject:

Gary Klaphake, City Administrator Jon Hoffman, Planner February 15, 2017 Spring Creek Subdivision Filing No. 3 1. Final Plan/PUD Amendment 2. Resolution 2017-13 / Growth Management Permit Allocation 3. First Reading / Ordinance No. 07, Series 2017 / Vacation of a Portion of the Spring Creek Crossing Right-of-Way platted with the Spring Creek Subdivision Filing No. 2. Recommendation: Approval of 1. Spring Creek Filing No. 3 Final Plan/PUD Amendment; 2. Resolution 2017-13, setting a Growth Management Permit Allocation for Spring Creek Subdivision Filing No. 3; 3. First Reading / Ordinance 07, Series 2017 / Vacation of a Portion of the Spring Creek Crossing Right-of-Way platted with the Spring Creek Subdivision Filing No. 2. Background: On June 28, 2016 Planning Commission approved Spring Creek Filing No. 3 Preliminary Plan/PUD Amendment, recommended approval of the Right-of-Way Vacation (vacation of a portion of Spring Creek Crossing), and recommended approval of Growth Management Permit Allocation. Final Plan/PUD Amendment: The final plan/PUD amendment includes a reconfiguration of Spring Creek Subdivision Filing No. 2 Lots 65-70 from six (6) lots into ten (10) lots ranging in size from 0.5 acres (21,787 square feet) to 1.1 acres (52,330 square feet) in size. The reconfiguration of the lots, size of lots, and the addition of the landscape buffer along Arapahoe Road addressed previous issues outlined by Planning Commission with a previous submittal. The purpose of the final plan is to provide a review of the legal documents that will become a part of the City and County records. Staff has reviewed the Spring Creek plat and PUD amendment and recommends approval. The applicant has proposed the following amendments to the Spring Creek PUD: • Increase the total number of lots from 70 to 74; • Increase the subdivision density from 0.89 dwelling units/acre to 0.92 dwelling units/acre. Growth Management Permit Allocation: The final plan also includes a proposed building permit allocation of 4 residential dwelling permits in 2017. Staff recommends approval of Resolution 2017-13 finding that the permits are available in 2017 to accommodate this request. Right of Way Vacation: The application includes a request to vacate a portion of the Spring Creek Crossing right-of-way within the Spring Creek Subdivision. Spring Creek Crossing was constructed with the public improvements associated with Spring Creek Filing No. 2. The easternmost portion

of Spring Creek Crossing at the end of the cul-de-sac is no longer needed with the proposed configuration of the new lots with Spring Creek Filing No. 3. Fiscal Impact: Normal fees and charges will apply where applicable. Attachments: 1. Planning Commission Staff Report dated June 21, 2016 2. Resolution 2017-13 / Growth Permit Allocation 3. Ordinance No. 07, Series 2017 / Right-of-Way Vacation 4. Planning Commission Notice of Decision dated June 28, 2016 5. Spring Creek Subdivision Filing No. 3 Final Plans

CITY OF LAFAYETTE RESOLUTION NO. 2017-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO DETERMINING EXEMPT OR NONEXEMPT STATUS UNDER GROWTH MANAGEMENT FOR SPRING CREEK SUBDIVISION FILING NO. 3 WHEREAS, the people of the City of Lafayette, Colorado amended Section 6.10 of the City of Lafayette home Rule Charter in the November 6, 2012 election to provide that the total number of new dwelling units permitted between January 1, 2013, and January 1, 2019, shall not exceed one thousand two hundred (1,200), but exempting those developments that were assigned a priority classification and building permit allocation prior to November 6, 2012, as well as those properties that were eligible to be categorized as “otherwise entitled to priority” by reason of commitments made by the City that existed prior to May 23, 1995; and WHEREAS, City Council adopted Ordinance No. 11-2013 on May 21, 2013, codifying the criteria to be used in allocating new non-exempt dwelling unit permits under Section 6.10 of the Charter; and WHEREAS, Section 30-272(d)(1) of the Lafayette Code of Ordinances states “If such total allocation requirements can be fulfilled, the Planning Director will assign to the development in conjunction with the preliminary plan approval a proposed development’s annual allocation and schedule for dwelling unit building permits in sufficient numbers to achieve the proposed build-out of the development. The proposed development annual allocation and schedule shall be subject to approval by City Council in conjunction with the development’s final plan; and WHEREAS, an application for a Preliminary PUD Plan for Spring Creek Filing No. 3 was approved by the Lafayette Planning Commission on June 28, 2016, which included a request for four (4) dwelling units; and WHEREAS, the Lafayette Planning Commission recommended approval of the Site Plan Architectural Review Plan with a condition that the subdivision have an allocation of: four (4) dwelling units; and WHEREAS, the Lafayette City Council approved Site Plan Architectural Review for Spring Creek Subdivision Filing No. 3 on February 21, 2017. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO, AS FOLLOWS: 1.

The City Council hereby determines Spring Creek Subdivision Filing No. 3, which includes four (4) dwelling units, does not meet the definition of Exempt per by Section 30-270 of the Lafayette Code or Ordinances, and is hereby determined to be Non-Exempt.

2.

The City Council hereby assigns an allocation for Spring Creek Subdivision Filing No. 3, of: four (4) dwelling unit in 2017 and any unused of the four (4)

Resolution 2017-13 Page 2 of 2 permits annually thereafter. 3.

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

PASSED and RESOLVED the 21st day of February, 2017. CITY OF LAFAYETTE, COLORADO

Christine Berg, Mayor ATTEST:

APPROVED AS TO FORM:

Susan Barker, CMC City Clerk

Dave Williamson, City Attorney

2

Resolution 2017-13 Page 2 of 2

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

No. of Dwelling Units 2

Trails at Coal Creek

317

Jerado Minor Subdivision Lot 2

1

Coal Creek Village Filing No. 12 10

Village Cove

5

811 Baseline Apartments Minor Subdivision / P.U.D.

35

Spring Creek Filing No. 3

4

3

Permit Allocation Year No. Permits 2014 2 Annually, 2 thereafter 2015 26 2016 96 2017 96 2018 96 Annually, 50 thereafter 2015 1 Annually, 1 thereafter until build out 2016 12 Annually, 12 thereafter until build out 2017 5 Annually, thereafter until build out 5 2017 35 Annually, thereafter until build out 2017 4 Annually, thereafter until build out

ORDINANCE NO. 07, SERIES 2017 INTRODUCED BY: AN ORDINANCE CONDITIONALLY VACATING A PORTION OF SPRING CREEK CROSSING RIGHT-OF-WAY WITHIN SPRING CREEK FILING NO. 2 SUBDIVISION. WHEREAS, On January 27, 2016, the Planning Commission held a public hearing on a request to vacate a portion of Spring Creek Crossing right-of-way (ROW) within the Spring Creek Filing No. 2 Subdivision and recommended approval of the aforementioned application, subject to approval of the Spring Creek Filing No. 3 PUD Preliminary Plan; and WHEREAS, the Planning Commission approved the Spring Creek Filing No. 3 PUD Preliminary Plan on January 27, 2016; and WHEREAS, the easternmost portion of Spring Creek Crossing ROW at the end of the cul-de-sac, as described in the attached Exhibit A, is no longer needed with the proposed configuration of the new lots with the dedication of new ROW as depicted in the Spring Creek Filing No. 3 Preliminary Plan; NOW, THEREFORE, THE CITY OF LAFAYETTE ORDAINS: Section 1. The easternmost portion of Spring Creek Crossing ROW, dedicated to the City by reason of the approval and recordation of the Spring Creek Filing No. 2 Subdivision Final Plat, as described in attached Exhibit A, shall be vacated upon fulfillment of the following conditions, which must be completed no later than June 1, 2017: a. The acceptance of new ROW by the City Council in conjunction with the approval of the proposed Spring Creek Filing No. 3 Final Plan and PUD. b. Recordation of the Spring Creek Filing No. 3 Final Plan and PUD. Section 2. The Council finds that, upon satisfaction of the condition set out in Section 1 above, (i) no land adjoining ROW to be vacated will be left without an established public road connecting said land with another established public road, and (ii) the ROW to be vacated is no longer necessary for the public use and convenience. Section 3. That the City Council directs that a certified copy of this Ordinance be filed with the City Clerk and further, that the City Clerk index, file and make the Ordinance available to the public. Section 4. Upon satisfacation with the condition set out in Section 1 above, which may be fulfilled by contemporaneous recording of the affected documents, the City Clerk is directed to record a certified copy of this ordinance with the Boulder County Clerk and Recorder’s office, such recordation indicating the effectiveness of the vacation herein authorized. Section 5. In the event that the condition of vacation set out in Section 1 above in not satisfied on or before June 1, 2017 this ordinance, and the ROW vacation that is the subject thereof, shall be void ab initio and of no effect.

City of Lafayette Ordinance No. 07, Series 2017 Page 2 Section 6. If any article, section, paragraph, sentence, clause or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 7. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof is hereby repealed to the extent of such inconsistency or conflict. Section 8. The repeal or modification of any provision of the Code of Ordinances of Lafayette, Colorado by this ordinance shall not release, extinguish, alter, modify or change in whole or in part any penalty, forfeiture or liability, either civil or criminal, which shall have been incurred under such provision. Each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions for enforcement of the penalty, forfeiture or liability, as well as for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered or made in such actions, suits, proceedings or prosecutions. Section 9. This ordinance is deemed necessary for the protection of the health, welfare and safety of the community. Section 10. This ordinance shall become effective upon the latter of the 10th day following enactment, or the day following final publication of the ordinance.

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

ATTEST:

CITY OF LAFAYETTE, COLORADO

Susan Koster, CMC, City Clerk

Christine Berg, Mayor

APPROVED AS TO FORM:

David S. Williamson, City Attorney

City of Lafayette Ordinance No. 07, Series 2017 Page 3 EXHIBIT A – Page 1 of 2

City of Lafayette Ordinance No. 07, Series 2017 Page 4 EXHIBIT A – Page 2 of 2

Planning & Building Department Planning Commission Notice Of Decision Type of Project: Preliminary Plan/PUD Review & Vacation

Date: June 28 2016 File Number: PP-5-16, PUD-9-16, & VA-5-16

Project Name: Spring Creek Subdivision Filing No. 3 Preliminary Plan/PUD Amendment and Vacation of Right-of-Way Project Summary: Preliminary Plan/PUD Amendment to replat 6 lots in Spring Creek Filing No. 2 east of Bullhead Gulch into 10 lots ranging in size from 21.787 square feet (0.5 acres) to 52,330 square feet (1.201 acres). The preliminary plan includes the platting of an extension of Spring Creek Crossing to accommodate the new lots. A right-of-way vacation request has been submitted to vacate the end of the cul-de-sac that is no longer needed for access with the new street configuration. Applicant/Owner: Michael Markel (applicant), Estate of Kirk Hendricks (owner), GEM Holding LLC (owner) Site Location: north side of Arapahoe Road approximately 1 mile west of U.S. Highway 287 Action Taken: Planning Commission approved the Spring Creek Filing No. 3 Preliminary Plan/PUD Amendment subject to the conditions of approval listed below. Planning Commission recommended approval of the vacation of that portion of Spring Creek Crossing right-of-way subject to the conditions of approval listed below. Planning Commission Vote: 5 in favor, 2 absent for both applications Appeal Process: City Council can appeal no later than their July 19, 2016 meeting. Applicant or citizens can appeal within 14 days or by 5:00 p.m., July 12, 2016. The Planning Commission decision regarding the vacation is a recommendation to City Council and this item will be forwarded to the City Council for a decision at final plan. Preliminary Plan/PUD Conditions of Approval: 1. The following amendments are approved for the Spring Creek Subdivision PUD and shall be listed on the plans: a. An increase in the total number of single-family lots from 70 to 74. b. An increase in the overall gross density of the subdivision from 0.89 to 0.92 dwelling units per acre. 2. The subdivision developer shall install a shelter with trash and bicycle racks per the RTD specifications subject to review and approval by CDOT. The bus stop improvements shall be maintained by the HOA or the applicant until such time as RTD takes over maintenance. 3. The applicant shall work with Xcel to ensure the appropriate easements are provided prior to submittal of the final plan. 4. 5 evergreen trees shall be planted in Outlot B. 5. The final plan shall include a visibility plan clearly indicating the location of the 2 lots that are subject to the regulations and that those visitable lots be geographically dispersed throughout the site. 6. The applicant shall hire a qualified professional to conduct a Wildlife Assessment to ensure construction activities can be timed to not interfere with mating or migratory patterns. 1290 S. Public Rd.  Lafayette, Colorado 80026  (303) 665-5588 Fax (303) 665-2153

Spring Creek Subdivision Filing No. 3 Preliminary Plan/PUD Amendment & Vacation Notice of Decision Page 2 of 2

7. The building permit allocation for the Spring Creek Subdivision Filing No. 3 shall be as follows: Year Annual Allocation 2017 4 Every year thereafter until buildout: 4 8. With the final plan submittal, the applicant shall submit amended HOA documents to include Outlot D and maintenance of the RTD shelter if applicable. 9. The plat shall be amended as follows prior to submittal of the Final Plan for City Council consideration: a. Outlot D is to be dedicated to the HOA and include an easement over Outlot D for drainage purposes that would be available to the City if needed; b. Correction of all grammatical and clerical errors. Vacation of Right-of-Way Conditions of Approval: 1. Approval of the vacation of a portion of the Spring Creek right-of-way is subject to approval and recording of the Spring Creek PUD Amendment No. 1 and Filing No.3 final plat. 2. The applicant shall amend the vacation application to include an exhibit of that portion of the utility easement proposed to be vacated. ***************************************************************** Distribution: x File x City Attorney Building Official x Applicant Plans Analyst x City Council x Planning Commission x Public Works 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)

To:

STAFF REPORT Gary Klaphake, City Administrator

From:

Jon Hoffman, Planner

Date:

February 15, 2017

Subject:

9880 Baseline Road Annexation and Zoning 1. First Reading / Ordinance No.08, Series 2017 / 9880 Baseline Road Annexation 2. First Reading / Ordinance No. 09, Series 2017 / Rezoning of 9880 Baseline Road from Boulder County Agriculture to City of Lafayette DR (Developing Resource) Recommendation: Approval of: 1. Ordinance No. 08, Series 2017, annexing 3.78 acre property known as the 9880 Baseline Road property into the City of Lafayette; and 2. Ordinance No. 09, Series 2017 rezoning the 9880 Baseline Road property from Boulder County Agriculture to City of Lafayette DR (Developing Resource) Background: The applicant has submitted a request for annexation and zoning approval for a 3.78 acre property located on the south side of Baseline Road approximately 1 mile west of Highway 287. On January 24, 2017 the Planning Commission held a public hearing and voted to recommend approval of the annexation, rezoning of the property from 9880 Baseline Road from Boulder County Agriculture to City of Lafayette DR (Developing Resource), and the sketch plan for a 14-lot residential development. On January 3, 2017 the City Council adopted Resolution No. 2017-04 finding the subject property as eligible for annexation and in conformance to the applicable laws of the State of Colorado. Annexation: The subject property proposed to be annexed is approximately 3.78 acres in size and is entirely contiguous with City of Lafayette limits. The Planning Commission found that the annexation complied with the requirements of State law, and complied with many of the policies of the Comprehensive Plan, including: Policy B.1.1: Prohibit annexations outside of the Urban Growth Boundary indicated on the Land Use Plan. Policy B.2.1: Ensure that adequate utility, drainage, transportation infrastructure; community services; and, community facilities are available to appropriately serve any proposed development or redevelopment. If such facilities and services are not available or determined to be inadequate, the applicants of the proposed development or redevelopment should dedicate proportional funding to expand these elements. Policy C.1.1:Ensure that proposed development and redevelopment projects conform to the Land Use Map's designations.

Policy C.3.8: Require applicant proposing development to meet with residents in adjacent neighborhoods regarding the development proposal. This will allow applicants to identify concerns expressed by existing residents and propose strategies that the applicants could pursue to address the concerns. PolicyD.1.1: Ensure that both the scale and appearance of proposed development and redevelopment responds appropriately to adjacent development and provides a compatible transition to existing neighborhood. Policy E.1.1: Encourage residential development that supports the spectrum of housing needs in the community, including seniors, first time house buyers and entry-level to mid-level employees through the provision of a variety of housing types, prices, styles and sizes. The Planning Commission found that the annexation complies with several Comprehensive Plan goals and policies, the criteria for annexation have been met, and the annexation is in the best interest of the City and therefore recommends approval of the annexation. Ordinance No. 08, Series 2017 has been created for your review. Zoning: Zoning generally accompanies each annexation and must be granted within 90 days of annexation. The Lafayette zoning district that most typically accompanies annexation is Developing Resource (DR). A DR zoning only allows historical uses to occur and does not grant any developable rights to the property. Rezoning the property to a zoning district that allows development typically occurs concurrently with a preliminary and final plan review and approval. The Comprehensive Plan Land Use Plan Map designates the property as Medium Density Residential which matches the Land Use designation of the surrounding property. At the Planning Commission public hearing on January 24, 2017, the Planning Commission considered the request for a zoning designation of Developing Resource (DR) zoning. Ordinance No. 09, Series 2017 has been created for your review. Staff recommends approval of Ordinance No. 09, Series 2017 zoning the 9880 Baseline Road property to Developing Resource (DR) zone district. Fiscal Impact: Normal fees and charges apply. Attachments: 1. 2. 3. 4.

Ordinance No. 08, Series 2017 Ordinance No. 09, Series 2017 Planning Commission Notice of Decision, dated January 24, 2017 Link to Planning Commission Staff Report, dated January 18, 2017

ORDINANCE NO. 08, SERIES 2017 INTRODUCED BY: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO APPROVING THE ANNEXATION OF APPROXIMATELY 3.78 ACRES OF CONTIGUOUS UNINCORPORATED TERRITORY IN BOULDER COUNTY LOCATED ON THE SOUTH SIDE OF BASELINE ROAD APPROXIMATELY 1 MILE WEST OF HIGHWAY 287, KNOWN AS THE 9880 BASELINE ROAD ANNEXATION. WHEREAS, pursuant to the laws of the State of Colorado, there was presented to and filed with the City of Lafayette, Colorado by 100% of the property owners a written petition for annexation to and by the City of Lafayette, Colorado of property described herein (Subject Property), being contiguous unincorporated territory situated, lying and being in the County of Boulder, State of Colorado; and WHEREAS, the City of Lafayette, Colorado has satisfied itself concerning the eligibility for annexation of that Subject Property, described below in Section 1, and concerning the conformance of the proposed annexation to the applicable laws of the State of Colorado; and WHEREAS, the City Council of the City of Lafayette, Colorado following such public hearing, adopted Resolution No. 2017-04 on January 3, 2017 finding eligibility for annexation of the Subject Property, and concerning the conformance of the proposed annexation to the applicable laws of the State of Colorado; and WHEREAS, the Planning Commission, after a public hearing on January 24, 2017 and careful consideration of all relevant facts, has recommended approval of the annexation to the City Council; and WHEREAS, City Council wishes to approve the annexation petition. NOW, THEREFORE, THE CITY OF LAFAYETTE ORDAINS AS FOLLOWS: SECTION 1. That the annexation by and to the City of Lafayette, Colorado, of that Subject Property described herein and represented in Exhibit A, situated, lying and being in the County of Boulder, State of Colorado, meets all requirements of law and the annexation of said property is hereby approved and made effective.

9880 Baseline Road Ordinance No. 08 Series 2017 Page 2

Legal Description

9880 Baseline Road Ordinance No. 08 Series 2017 Page 3

SECTION 2. That pursuant to state law, zoning of the above-described Subject Property shall be initiated and completed within ninety (90) days from the effective date of annexation. SECTION 3. That one copy of the annexation map with the original of this ordinance shall be filed in the Office of the City Clerk; that two certified copies of this annexation ordinance and map of the area annexed containing a legal description of such area shall be filed for recording with the County Clerk and Recorder of the County of Boulder, State of Colorado and the County Clerk and Recorder shall file one certified copy of such annexation ordinance and map with the Division of Local Government of the Department of Local Affairs. SECTION 4. If any article, section, paragraph, sentence, clause or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. SECTION 5. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof is hereby repealed to the extent of such inconsistency or conflict. SECTION 6. The repeal or modification of any provision of the Code of Ordinances of Lafayette, Colorado by this ordinance shall not release, extinguish, alter, modify or change in whole or in part any penalty, forfeiture or liability, either civil or criminal, which shall have been incurred under such provision. Each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions for enforcement of the penalty, forfeiture or liability, as well as for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered or made in such actions, suits, proceedings or prosecutions. SECTION 7. This ordinance is deemed necessary for the protection of the health, welfare and safety of the community. SECTION 8. This ordinance shall become effective upon the latter of the 10th day following enactment, or the day following final publication of the ordinance.

9880 Baseline Road Ordinance No. 08 Series 2017 Page 4

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

ATTEST: COLORADO

CITY OF LAFAYETTE,

Susan Koster, CMC, City Clerk

Christine Berg, Mayor

APPROVED AS TO FORM:

David S. Williamson, City Attorney

__________________________

9880 Baseline Road Ordinance No. 08 Series 2017 Page 5

EXHIBIT A 9880 BASELINE ROAD ANNEXATION

ORDINANCE NO. 09, Series 2017 INTRODUCED BY: COUNCILOR AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAFFAYETTE, COLORADO ZONING CERTAIN LAND, FULLY DESCRIBED HEREIN, KNOWN AS THE 9880 BASELINE ROAD ANNEXATION TO CITY OF LAFAYETTE DEVELOPING RESOURCE (DR) ZONE DISTRICT WHEREAS, the City Council of the City of Lafayette, Colorado finds that a proper application for zoning certain land fully described and depicted on Exhibit A, has been submitted by the applicant to the City; and WHEREAS, the Subject Property was recently annexed into the City, and was previously zoned “Agricultural” under Boulder County zoning regulations; and WHEREAS, the Planning Commission, after a Public Hearing on January 24, 2017 and careful consideration of all relevant facts, has recommended approval of the zoning to the City Council, subject to the City Council approving the annexation; and WHEREAS, the City Council has held a public hearing concerning the zoning request in conformance with the Lafayette Code of Ordinance; and WHEREAS, the City Council of the City of Lafayette finds that due to changed or changing conditions in the area of the land for which zoning is requested, in particular the annexation of the subject property, it is in the public interest and reasonably necessary to zone the subject property to City of Lafayette DR (Developing Resource) zoning district; and WHEREAS, the City Council of the City of Lafayette finds and declares that all officers, boards, and the City Council have complied withal applicable provisions of the City Charter, City Ordinances and State Statues. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO: SECTION 1. That the land described and depicted on Exhibit A, shall be zoned City of Lafayette DR (Developing Resource) Zoning District: SECTION 2. That the City Council certifies a change in the Zoning Map zoning the property described herein to City of Lafayette Developing Resource (DR). SECTION 3. That the City Council directs that a certified copy of this Ordinance be filed with the City Clerk and further, that the City Clerk index, file and make the Ordinance available to the public. SECTION 4. That this zoning ordinance shall be effective on the sixtieth (60th) day following the date of final approval by the City Council of the annexation, Ordinance 08, Series 2017, in accordance with and pursuant to the provisions of Lafayette Charter Section 6.11.

9880 Baseline Road Ordinance No. 09, Series 2017 Page 2

SECTION 5. If any article, section, paragraph, sentence, clause or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. SECTION 6. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof is hereby repealed to the extent of such inconsistency or conflict. SECTION 7. The repeal or modification of any provision of the Code of Ordinances of Lafayette, Colorado by this ordinance shall not release, extinguish, alter, modify or change in whole or in part any penalty, forfeiture or liability, either civil or criminal, which shall have been incurred under such provision. Each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions for enforcement of the penalty, forfeiture or liability, as well as for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered or made in such actions, suits, proceedings or prosecutions. SECTION 8. This ordinance is deemed necessary for the protection of the health, welfare and safety of the community.

INTRODUCED, PASSED ON FIRST READING AND PUBLIC NOTICE ORDERED THIS______ DAY OF _______________, 2017. PASSED ON SECOND AND FINAL READING AND PUBLIC NOTICE ORDERED THIS _____ DAY OF _______________, 2017. ATTEST:

CITY OF LAFAYETTE, COLORADO

Susan Koster, CMC, City Clerk

Christine Berg, Mayor

APPROVED AS TO FORM:

David S. Williamson, City Attorney

9880 Baseline Road Ordinance No. 09, Series 2017 Page 3

EXHIBIT A Page 1 of 2

Legal Description

9880 Baseline Road Ordinance No. 09, Series 2017 Page 4

Planning & Building Department Planning Commission Notice Of Decision Type of Project: Annexation & Rezoning

Date: 1-24-17 File Number: A-1-17, Z-1-17

Project Name: 9880 Baseline Road Annexation & Rezoning Project Summary: Request to Annex and Rezone 3.78 acre county enclave property located at 9880 W. Baseline Road and is surrounded by the Indian Peaks residential development. The property is currently part of unincorporated Boulder County and is requesting to rezone from Boulder County Agriculture to DR (Developing Resource). Applicant/Owner: PR Homes, Inc. Site Location: 9880 Baseline Road – south side of Baseline road, approximately 1 mile west of U.S. Highway 287 Action Taken: Planning Commission recommended the City Council approve the request for annexation of 9880 Baseline Road subject to the conditions of approval listed below. Planning Commission recommended the City Council approve the request for rezoning the property from Boulder County Agricultural to DR (Developing Resource) zoning district subject to the conditions of approval listed below. Planning Commission Vote: The Planning Commission voted unanimously in favor of the 9880 Baseline Road Annexation and Rezoning applications. Appeal Process: The Planning Commission decisions regarding the Annexation and Rezoning are recommendations to City Council and staff will forward the applications on to the City Council for decisions. Annexation Conditions of Approval: 1. The applicant shall work with the Public Works Department to annex the subject property into the Northern Colorado Water Conservancy District prior to the submittal of any proposed development plans. 2. The applicant shall submit evidence of deannexation from the Louisville fire protection district concurrently with any application to plat the property. Zoning Conditions of Approval: 1. The rezoning to DR (Developing Resource District) is subject to the approval of the annexation. ***************************************************************** Distribution: x File x City Attorney x Building Official x Applicant x Plans Analyst x City Council x Public Works x Planning Commission Crime Prevention Technician Other ____________________ ***************************************************************** Enclosed are two copies of the Notice of Decision. Please return one signed copy to the City in the enclosed envelope and keep the other copy for your records. I accept the decision as described above. Signed:

_____________________________ (Owner)

1290 S. Public Rd.  Lafayette, Colorado 80026  (303) 665-5588 Fax (303) 665-2153

RECORD OF PROCEEDINGS CITY OF LAFAYETTE

CITY COUNCIL MEETING February 7, 2017 Call to Order The February 7, 2017 City Council Meeting began at 6:00 p.m. in the Council Chamber at Lafayette City Hall, 1290 S. Public Road, Lafayette, Colorado. Roll Call Those in attendance included Mayor Pro Tem Gustavo Reyna; and Councilors Brad Wiesley, Alexandra Lynch, Chelsea Behanna, Merrily Mazza, and Stephanie Walton. A motion was made by Councilor Mazza and seconded by Councilor Walton to excuse Mayor Christine Berg. The motion passed unanimously. Also present were Acting City Administrator Steve McFarland, Police Chief Rick Bashor, City Clerk Susan Koster, Fire Marshall Norm Kellett, Acting Planning Manager Paul Rayl, Public Works Director Doug Short, Assistant City Administrator Roger Caruso, and City Attorney Dave Williamson. Adjourn to Executive Session At 6:03 p.m. a motion was made by Councilor Mazza and seconded by Stephanie Walton to recess to Executive Session according to C.R.S. 24-6-402(4)(e), for determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators pertaining to a property / Lafayette Urban Renewal Project on Public Road. The motion passed unanimously. Return to Regular Session Mayor Pro Tem Reyna said the executive session concluded at 6:36 p.m. The participants in the session were Mayor Pro Tem Reyna; and Councilors Wiesley, Lynch, Behanna, Mazza, and Walton. Also in attendance were Acting City Administrator McFarland, Assistant City Administrator Caruso and City Attorney Williamson. Mayor Pro Tem Reyna asked if any person who participated in the executive session believed that any substantial discussion of any matters not included in the motion to go into the executive session occurred during the executive session, or that any improper action occurred during the executive session in violation in the Open Meeting Law. No one answered in the affirmative. Legislative Update Colorado State Senator Matt Jones and House Representative Mike Foote talked about issues that are being considered at the 2017 Legislative Session. Liquor Authority City Clerk Koster presented an application for a new Tavern Liquor License from Proper Grounds Coffee Roasters d/b/a/ Proper at 400 W. South Boulder Road, #1100. Ms. Koster said staff recommends Authority approval of the application.

Lafayette City Council Meeting February 7, 2017 Page 2

The Mayor Pro Tem opened the public hearing at 7:19 p.m. and asked if there were interested parties present who wished to participate. No one came forward. He invited owner Cody Osborn to the podium. Mr. Osborn answered questions posed by the Authority. City Attorney Williamson had no issues with the application. Liquor Pros circulated a needs and desires petition within a ½-mile radius of the premises. Liquor Pros representative Eva Garretson summarized the survey and concluded that results indicate support from nearby business owners and residents. A motion was made by Councilor Mazza and seconded by Councilor Lynch to approve Resolution No. 2017-08 / Granting a new Tavern Liquor License to Proper Grounds Coffee Roasters d/b/a/ Proper at 400 W. South Boulder Road, #1100, Lafayette, Colorado. The motion passed unanimously. Public Input The following individuals spoke in favor of the Climate Bill of Rights: John Olvas (Holman, New Mexico) Lesley Pager (Boulder) Laurel Butterworth (Lafayette) Ilyse Streim ( Lafayette) Sarah Plazas (Lafayette) Rebecca Arnold (Lafayette) Marge Theeman (Boulder County) Sara Avery (Lafayette) Stephanie Small (Lafayette) Martha McPherson (Boulder) Julie Afflerbaugh ( Boulder County) Eryka Thorly (Nederland) Kristin McLean (Lafayette) John Bollinger (Lafayette) Jeremi Plazas (Lafayette) Barbara Parnell (Lafayette) Unity Ferrazza (Wheat Ridge) Heather Szott (Lafayette)

Karla Scornancco (Lafayette) Sarah Butterworth (Lafayette) Rebecca Abraxas (Lafayette) AnnMarie Cleary (Broomfield) Suzanne Cabral (Thornton) Cliff Willmeng (Lafayette) Norah Murray (Lafayette) Libby Comeaux (Denver) Ashley Wallace (Lafayette)

Grant Swift (Lafayette) asked Council to put a question on November’s ballot asking to make the Legacy Tax permanent. Karen Norback (Lafayette) made suggestions for Council goal-setting. Public Hearing – 811 Baseline Apartments Subdivision Acting Planning Manager Paul Rayl presented the first reading of Ordinance No. 03, Series 2017 / Rezoning 811-813 E. Baseline Road from R2 (Single and Two-Family Residential) to R4/PUD (High Density Residential/Planned Unit Development). Mayor Pro Tem Reyna opened a public hearing at 9:12 pm. The following people spoke in opposition to the development: Steve Harrop (Lafayette) Sarah Trimmer (Lafayette) Karen Norback (Lafayette) Rebecca Schwendler (Lafayette)

Grant Swift (Lafayette) Vicki Uhland (Lafayette)

Mayor Pro Tem Reyna closed the public hearing at 9:32 p.m. Applicant Graham Bailhache was available for Council questions and comments.

Lafayette City Council Meeting February 7, 2017 Page 3

A motion was made by Councilor Walton and seconded by Councilor Behanna to approve on first reading Ordinance No. 03, 2017 as presented. The motion passed 4 to 1 with Mayor Pro Tem Reyna voting no. A motion was made by Councilor Walton and seconded by Councilor Lynch to approve the Final Plan/PUD for this location. The motion passed 4 to 1 with Mayor Pro Tem Reyna voting no. A motion was made by Councilor Walton and seconded by Councilor Lynch to approve Resolution No. 2017-09 / Growth Management Permit Allocation. The motion passed 4 to 1 with Mayor Pro Tem Reyna voting no. A motion was made by Councilor Walton and seconded by Councilor Lynch to approve the Site Plan & Architectural Review. The motion passed 3 to 2 with Mayor Pro Tem Reyna and Councilor Behanna voting no. A motion was made by Councilor Behanna and seconded by Councilor Walton to excuse Councilor Mazza who left the meeting at 9:50 p.m. The motion passed unanimously. Consent Agenda Mayor Pro Tem Reyna read the Consent Agenda: D. Minutes of Regular Council Meeting of January 17, 2017 E. Resolution No. 2017-10 / Intergovernmental Agreement with the City of Louisville / Cost Sharing of Quiet Zone Project Design Services F. Resolution No. 2017-11 / Authorizing Intergovernmental Agreement for use of SOTAR Software System / Douglas County G. Contract / Consultant Grant Writer / Ruth Barreto H. Contract / Channel 8 – High Definition Broadcast Upgrade / Burst, Inc. I. Addendum to Contract / Bio-solids Hauling / VERIS Environmental J. Agreement / Baseline Road Utility Crossing / Burlington Northern – Santa Fe K. 2017 Budget Amendments / Utilities L. Purchase Orders and Amendments A motion was made by Councilor Wiesley and seconded by Councilor Lynch to approve the Consent Agenda. The motion passed unanimously. Council Appointments A motion was made by Councilor Wiesley and seconded by Councilor Lynch to appoint Joan Potterfield as Alternate 1 on the Senior Advisory Board for a term of 3 years. The motion passed unanimously.

Lafayette City Council Meeting

February 7, 2017 Page 4 A motion was made by Councilor Lynch and seconded by Councilor Walton to appoint the following individuals to Membership positions on Human Rights Commission: Celina Essekawu, Zoya Elhassan, Elizabeth Lichtenstein, Noe Lopez, Jason Meyer, Kristin Wagner and Denice Walker for 3-year terms and to appoint Katie Pribyl Dobbins and Abby Boyd as Alternate Members for 3-year terms. The motion passed unanimously. Adjourn The meeting was adjourned at 10:25 p.m.

CITY OF LAFAYETTE, COLORADO

ATTEST

___________________________________ Mayor Pro Tem Gustavo Reyna

__________________________________ Susan Koster, City Clerk

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

To: From: Date: Subject:

Gary Klaphake, City Administrator Steve McFarland, Finance Director February 21st, 2017 Resolution No. 2017-14 / Amending Lafayette Investment Policy / Insight Investment

Recommendation: Staff recommends approval of Resolution No. 2017-14, which amends the current Investment Policy. Background

Best practices call for an annual review of the Investment Policy. While completing the review, the following changes were noted/recommended for adoption. These changes are of a compliance nature, and do not represent any material change in the City’s investment strategy or composition of the portfolio. The following updates are recommended: • •



• •

Page 4, Corporate Bonds: To reflect the language in state statute, a sentence has been added stipulating that subordinated debt shall not be purchased. Page 8, Local Government Investment Pools: In the fall of 2016 the SEC revised the 2a7 guidelines that govern money market funds. Local government investment pools are not regulated by the SEC and are not required to adhere to the new 2a7 guidelines. As such, reference to those guidelines has been removed. Page 6: Three references specifying settlement date have been added to improve clarity for compliance purposes. By recognizing settlement date as the point of compliance testing, it is possible to reinvest a corporate bond prior to maturity, so long as the allocation meets the diversification and maturity limits as of the settlement date. Annex II: Colorado State Statute 24-75-601.1 has been updated to the 2016 version. Glossary: References to instrumentality securities are included in the definition of FHLB, FFCB, FHLMC and FNMA securities to tie back to the authorized securities section which references Federal Instrumentality Securities.

Attachment: Resolution No. 2017-14, Investment Policy Fiscal Impact: There is no material fiscal impact.

CITY OF LAFAYETTE RESOLUTION NO. 2017-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO, AMENDING THE CITY OF LAFAYETTE, COLORADO, INVESTMENT POLICY WHEREAS, on November 5, 2012, City Council passed Resolution No. 2012-53, which revised the City’s Investment Policy in compliance with State statutes governing investment of public funds as a result of modifications at the State level; and WHEREAS, the City wishes to update its alignment with current statutory guidelines regarding the investment of public funds, and WHEREAS, language has been added describing the City’s investment objectives of safety, liquidity and yield, and WHEREAS, as a result of the current financial environment, it is necessary to further modify the City’s Investment Policy to reflect current practices; and WHEREAS, the City's policies shall remain in compliance with all applicable federal and state laws, rules and regulations and the City's Charter and Code; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lafayette, Colorado as follows: Section 1. The City of Lafayette, Colorado, Investment Policy is adopted and made a part of this resolution with the Mayor being authorized to execute the original copy of the policy on behalf of the City. Section 2. Any and all previous City of Lafayette Investment Policies adopted by City Council through any means are hereby repealed in their entirety. RESOLVED AND PASSED THIS 21st DAY OF FEBRUARY, 2017. CITY OF LAFAYETTE, COLORADO ATTEST:

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

_____________________________ David S. Williamson, City Attorney

________________________________ Christine Berg, Mayor

City of Lafayette Investment Policy Resolution No. 2017-14

C ity of L afayette, C olorado Inves tment P olic y INT R ODUC T ION The City of Lafayette, Colorado (the “City”) was incorporated in 1889 and became a home rule city in 1958. Under the Home Rule Charter, a City Council was established, composed of seven members elected at large. The following investment policy addresses the methods, procedures and practices which must be exercised to ensure effective and judicious fiscal and investment management of the City’s funds. This investment policy replaces any previous investment policy or investment procedures of the City. The investment guidelines outlined in this investment policy have been written to comply with various regulatory requirements under which the City operates. This investment policy is endorsed and adopted by City Council and is effective as of_____________________, 2017. S C OP E This investment policy shall apply to the investment management of all financial assets and funds under control of the City except for investments relating to the Exempla General Improvement District being held by Wells Fargo Bank, NA. The investment transactions/activities covered by this investment policy are accounted for in the City’s annual financial report and include the following fund types: General, Special Revenue, Debt Service, Capital Projects, Enterprise, Internal Service and Permanent. INV E S T ME NT OB J E C T IV E S The City’s funds shall be invested in accordance with all applicable City policies, Colorado statutes, and Federal regulations, and in a manner designed to accomplish the following objectives, which are listed in priority order: • • • •

Preservation of capital and protection of investment principal. Maintenance of sufficient liquidity to meet anticipated cash flows. Attainment of a market value rate of return. Diversification to avoid incurring unreasonable market risks.

Safety of principal is the foremost objective of the investment program. Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. The objective will be to mitigate credit risk and interest rate risk.

1

City of Lafayette Investment Policy Resolution No. 2017-14 a. Credit Risk. The City will minimize credit risk, the risk of loss due to the failure of the security issuer or backer, by: • • •

Limiting investments to the safest types of securities Pre-qualifying the financial institutions, broker/dealers, intermediaries, and advisers with which the City will do business Diversifying the investment portfolio so that potential losses on individual securities will be minimized.

b. Interest Rate Risk. The City will minimize the risk that the market value of securities in the portfolio will fall due to changes in general interest rates, by: • •

Structuring the investment portfolio so that securities mature to meet cash requirements for ongoing operations, thereby avoiding the need to sell securities on the open market prior to maturity. Investing operating funds primarily in shorter-term securities.

Liquidity. The investment portfolio shall remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. This is accomplished by structuring the portfolio so that securities mature concurrent with cash needs to meet anticipated demands (static liquidity). Furthermore, since all possible cash demands cannot be anticipated, the portfolio should consist largely of securities with active secondary or resale markets (dynamic liquidity). A portion of the portfolio also may be placed in money market funds or local government investment pools which offer same-day liquidity for short-term funds. Yield. The investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the investment risk constraints and liquidity needs. Return on investment is of secondary importance compared to the safety and liquidity objectives described above. The core of investments are limited to relatively low risk securities in anticipation of earning a fair return relative to the risk being assumed. DE L E G AT ION OF AUT HOR IT Y Under Sections 4.6 and 8.8 of the City of Lafayette’s Home Rule Charter, the City Treasurer/Finance Director (hereinafter referred to as the Finance Director) has the responsibility of administering this investment policy and conducting investment transactions. Other members of the City’s finance staff may be appointed to assist the Finance Director in the cash management, treasury or investment functions and the Finance Director will submit those staff members’ names in writing to the City Administrator for approval. Approved persons are listed in Annex I of this investment policy. The City Council, through the City’s external auditors, will periodically review the compliance of the cash, treasury, and investment management practices with this investment policy. The Finance Director shall establish written administrative procedures for the operation of the City’s investment program consistent with this investment policy. The Finance Director will be responsible for ensuring that sufficient liquidity exists to maintain the City’s operations in the event of adverse market conditions or claims. 2

City of Lafayette Investment Policy Resolution No. 2017-14

The Finance Director may engage the support services of outside professionals, subject to approval of City Council, so long as it can be demonstrated that these services produce a net financial advantage and necessary financial protection of the City’s resources. Such services may include engagement of financial advisors in conjunction with debt issuance, portfolio management support, special legal representation, third party custodial services, and appraisal of independent rating services. P R UDE NC E AND INDE MNIF IC AT ION The standard of prudence, as defined by the Colorado Revised Statutes ("CRS."), to be used for managing the City’s assets is the "prudent investor" standard applicable to a fiduciary, which states that a prudent investor "shall exercise the judgment and care, under circumstances then prevailing, which men of prudence, discretion, and intelligence exercise in the management of the property of another, not in regard to speculation but in regard to the permanent disposition of funds, considering the probable income as well as the probable safety of capital." (CRS. 15-1-304, Standard for Investments.) The City’s overall investment program shall be designed and managed with a degree of professionalism that is worthy of the public trust. The City recognizes that no investment is totally without risk and that its investment activities are a matter of public record. Accordingly, the City recognizes that occasional measured losses may occur in a diversified portfolio and shall be considered within the context of the overall portfolio’s return, provided that adequate diversification has been implemented and that the sale of a security is in the best long-term interest of the City. The Finance Director and other authorized persons acting in accordance with written procedures and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from expectations are reported to the City Administrator in a timely fashion. E T HIC S AND C ONF L IC T S OF INT E R E S T City employees involved in the investment process shall adhere to the City of Lafayette’s Code of Ethics as described in Chapter 42 of the Code of Ordinances by not engaging in personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. Employees and investment officials shall disclose to the City Administrator any material financial interest in financial institutions that conduct business with the City, and they shall further disclose any significant personal financial/investment positions that could be related to the performance of the City’s portfolio. Employees and officers shall subordinate their personal investment transactions to those of the City particularly with regard to the timing of purchases and sales.

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City of Lafayette Investment Policy Resolution No. 2017-14 E L IG IB L E INV E S T ME NT S AND T R ANS AC T IONS All investments will be made in accordance with the applicable state statute(s) referenced in Annex II of this investment policy. Any amendment of such statutes will be incorporated into this Policy immediately upon their enactment. This investment policy further restricts the investment of City funds to the following types of securities and transactions: 1. U.S. Treasury Obligations: Treasury bills, Treasury notes, Treasury bonds and Treasury STRIPS with maturities not exceeding five years from the date of trade settlement. 2. Federal Instrumentality Securities: Debentures, discount notes, global securities, callable securities, step-up securities and stripped principal or coupons with maturities not exceeding five years from the date of trade settlement. Subordinated debt shall not be purchased 3. Prime Commercial Paper issued by U.S. companies and denominated in U.S. currency with an original maturity of 270 days or less that is rated at least A-1 or the equivalent by at least two Nationally Recognized Statistical Rating Organizations (NRSROs) at the time of purchase. Combined exposure to commercial paper, bankers acceptances and corporate bonds shall not exceed 50 percent of the portfolio, with no more than 5 percent held in any one issuer. 4. Eligible Bankers Acceptances with an original maximum maturity not exceeding 90 days, issued by FDIC insured domestic banks or branches of foreign banks domiciled in the U.S. and operating under U.S. banking laws with a minimum of $250 million combined capital and surplus. Banker’s Acceptances shall be rated A-1 or the equivalent at the time of purchase by at least two NRSROs. Combined exposure to commercial paper, bankers acceptances and corporate bonds shall not exceed 50 percent of the portfolio, with no more than 5 percent held in any one issuer. 5. Corporate Debt: Bonds issued by any corporation or bank organized and operating within the United States with maturities not exceeding three years from the date of trade settlement. The debt must be rated at least AA- or the equivalent at the time of purchase by two NRSROs. Subordinated debt shall not be purchased. Combined exposure to commercial paper, bankers acceptances and corporate bonds shall not exceed 50 percent of the portfolio, with no more than 5 percent held in any one issuer. 6. Municipal Debt: General obligations and revenue obligations of state or local governments with a maturity not exceeding five years from the date of trade settlement. General obligations and revenue obligations of this state or any political subdivision of this state must be rated at the time of purchase at least A- or the equivalent by at least two NRSROs. General obligations and revenue obligations of any other state or political subdivision of any other state must be rated at the time of purchase at least AA- or the equivalent by at least two NRSROs. No more than 20%

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City of Lafayette Investment Policy Resolution No. 2017-14 of the City’s portfolio may be invested in municipal debt, with no more than 5% of the portfolio held in any one issuer. 7. Repurchase Agreements with a defined termination date of 180 days or less collateralized by U.S. Treasury or instrumentality securities listed in items 1 and 2 above with a maturity not exceeding 10 years. For the purpose of this section, the term “collateral” shall mean purchased securities under the terms of the City’s approved Master Repurchase Agreement. The purchased securities shall have a minimum market value including accrued interest of 102 percent of the dollar value of the transaction. Collateral shall be held in the City’s custodial bank as safekeeping agent, and the market value of the collateral securities shall be markedto-the-market daily. Repurchase Agreements shall be entered into only with broker/dealers who have executed a Master Repurchase Agreement with the City and who are recognized as Primary Dealers by the Federal Reserve Bank of New York. 8. Local Government Investment Pools authorized under CRS 24-75-702 that: 1) are "no-load" (i.e., no commission or fees shall be charged on purchases or sales of shares); 2) have a constant net asset value of $1.00 per share; 3) limit assets of the fund to those authorized by state statute; and 4) have a rating of AAAm or the equivalent. 9. Non-negotiable Certificates of Deposit with a maturity not exceeding five years in any state bank, national bank, or state or federal savings bank located in Colorado that is a member of the Federal Deposit Insurance Corporation and is a state approved depository per CRS 24-75-603. Certificates of deposit that exceed FDIC insurance limits shall be collateralized as required by the Public Deposit Protection Act (CRS 11-10.5-101 et. seq.) or the Savings and Loan Association Public Deposit Protection Act. (CRS 11-47-101 et. seq.) In addition, banks issuing certificates of deposit shall meet the credit criteria set forth in the section of this investment policy, “Selection Of Banks As Depositories And as Providers Of General Banking Services.” 10. Money Market Mutual Funds registered under the Investment Company Act of 1940 that: 1) are "no-load" (no commission or fee shall be charged on purchases or sales of shares); 2) have a constant net asset value per share of $1.00; 3) limit assets of the fund to those securities authorized in this investment policy; 4) have a maximum stated maturity and weighted average maturity in accordance with Federal Securities Regulation 2a-7; and 5) are rated AAAm or the equivalent. It is the intent of the City that the foregoing list of authorized securities be strictly interpreted. Any deviation from this list must be pre-approved by City Council. Securities that have been downgraded below minimum ratings described herein may be sold or held at the City’s discretion. The portfolio will be brought back into compliance with Investment Policy guidelines as soon as is practical.

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City of Lafayette Investment Policy Resolution No. 2017-14 INV E S T ME NT DIV E R S IF IC AT ION It is the intent of the City to diversify the investments within the portfolio to avoid incurring unreasonable risks inherent in over-investing in specific instruments, individual financial institutions or maturities. The asset allocation in the portfolio should, however, be flexible depending upon the outlook for the economy, the securities market, and the City’s anticipated cash flow needs. •

Combined exposure to U.S. Treasury and Federal Instrumentality securities shall not be less than 50 percent of the portfolio.



Combined exposure to commercial paper, bankers acceptances and corporate bonds shall not exceed 50 percent of the portfolio, with no more than 5 percent held in any one issuer as of settlement date.



Exposure to municipal debt shall not exceed 20 percent of the portfolio, with no more than 5 percent held in any one issuer as of settlement date. INV E S T ME NT MAT UR IT Y AND L IQUIDIT Y

Investments shall be limited to maturities not exceeding five years from the date of settlement unless otherwise approved in writing by City Council for special circumstances (e.g. the reinvestment of bond proceeds). In addition, the weighted average final maturity of the total portfolio shall at no time exceed three years. C OMP E T IT IV E T R ANS AC T IONS Each investment transaction shall be competitively transacted with broker/dealers who have been authorized by the City. Whenever possible, at least three broker/dealers shall be contacted for each transaction and their bid and offering prices shall be recorded. If the City is offered a security for which there is no other readily available competitive offering, quotations for comparable or alternative securities will be documented. When purchasing original issue instrumentality securities, no competitive offerings will be required as all dealers in the selling group offer those securities at the same original issue price. S E L E C T ION OF B R OK E R /DE AL E R S The Finance Director shall maintain a list of authorized broker/dealers approved for investment purposes, and it shall be the policy of the City to purchase securities only from those authorized firms. To be eligible, a firm must meet at least one of the following criteria:

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City of Lafayette Investment Policy Resolution No. 2017-14 1. 2. 3.

Be recognized as a Primary Dealer by the Federal Reserve Bank of New York, Report voluntarily to Federal Reserve Bank of New York, Qualify under Securities and Exchange Commission (SEC) Rule 15c3-1 (Uniform Net Capital Rule).

The City may engage the services of an investment advisory firm to assist in the management of the portfolio and the investment advisor my utilize the firm’s list of approved broker/dealers. Such broker/dealers shall comply with the selection criteria above and the list of approved firms shall be provided to the City on an annual basis or upon request. In the event that an investment advisor is not engaged by the City, broker/dealers will be selected by the Finance Director on the basis of their expertise in public cash management and their ability to provide service to the City’s account. Each broker/dealer authorized by the Finance Director shall be required to submit and annually update a City approved Broker/Dealer Information Request form which includes the firm's most recent financial statements. Additionally, in the event that an external investment advisor is not used in the process of recommending a particular transaction in the City’s portfolio, authorized broker/dealers shall certify in writing that they have received a copy of this investment policy. The City may purchase commercial paper from direct issuers even though they are not on the approved broker/dealer list as long as they meet the criteria outlined in item 3 in the Section, “Eligible Investments and Transactions.” S E L E C T ION OF B ANK S AS DE P OS IT OR IE S AND AS P R OV IDE R S OF G E NE R AL B ANK ING S E R V IC E S The Finance Director shall maintain a list of authorized banks and savings banks that are approved to provide depository and other banking services for the City. To be eligible for authorization, a bank shall qualify as a depository of public funds in Colorado as defined in CRS 24-75-603 and be a member of the Federal Deposit Insurance CorporationBanks or savings and loans failing to meet the minimum criteria, or in the judgment of the Finance Director no longer offering adequate safety to the City, shall be removed from the City’s list of authorized banks. A list of approved banks is included in Annex III of this investment policy. S AF E K E E P ING AND C US T ODY The Finance Director shall approve one or more financial institutions to provide safekeeping and custodial services for the City. A City approved Safekeeping Agreement shall be executed with each custodian bank prior to utilizing that bank's safekeeping services. To be eligible for designation as the City’s safekeeping and custodian bank, a financial institution shall qualify as a depository of public funds in Colorado as defined in CRS 24-75-603 and be a member of the Federal Deposit Insurance Corporation.

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City of Lafayette Investment Policy Resolution No. 2017-14 Custodian banks will be selected on the basis of their ability to provide service to the City’s account and the competitive pricing of their safekeeping related services. Custodian banks shall be selected through the City’s procurement process. A list of approved custodian banks is included in Annex III of this investment policy. The purchase and sale of securities and repurchase agreement transactions shall be settled on a delivery versus payment basis. Ownership of all securities shall be perfected in the name of the City. Sufficient evidence to title shall be consistent with modern investment, banking and commercial practices. All investment securities purchased by the City will be delivered by book entry and will be held in third-party safekeeping by the City approved custodian bank, its correspondent bank or the Depository Trust Company (DTC). The City’s custodian shall furnish the City monthly reports of holdings of custodied securities as well as a report of monthly safekeeping activity. P E R F OR MANC E B E NC HMAR K S The City of Lafayette shall use as a goal a dynamic benchmark rate of return for the City’s investment portfolio that corresponds to the yield for the current U.S. Treasury security that matches the weighted average maturity of the portfolio. . The Finance Director shall present to City Council, at least annually, a review of the portfolio’s adherence to appropriate risk levels and a comparison between the portfolio’s total return and the established investment objectives and goals. R E P OR T ING Accounting and reporting on the City’s investment portfolio shall conform to Generally Accepted Accounting Principles (GAAP) and the Governmental Accounting Standards Board (GASB) recommended practices. On a monthly basis, an investment report shall be prepared and submitted to the Finance Director listing the investments held by the City, the current market valuation of the investments and performance results. The report shall include a summary of investment earnings during the period. Reports prepared by outside advisors shall be sent to the City’s Finance Director.

PROVISIONS FOR ARBITRAGE The City periodically issues debt obligations that are subject to arbitrage rebate requirements and yield restriction requirements. Because of this, the requirements for the investment of debt proceeds may extend beyond those outlined in this investment policy. Therefore, the Finance Director, upon advice from bond counsel and financial advisors may, when investing debt proceeds, depart from the provisions of this investment policy if necessary to conform to federal arbitrage regulations. In all cases, however, investments will be in compliance with the Colorado Revised Statutes cited in Annex II of this investment policy. 8

City of Lafayette Investment Policy Resolution No. 2017-14 P OL IC Y R E V IS IONS This investment policy shall be reviewed annually by the Finance Director and may as necessary be amended by City Council. The data contained in the annexes to this investment policy may be updated by the Finance Director as necessary, provided the updates do not materially alter the policy as to its intent or substance. Prepared by:

Steve McFarland, Finance Director

Approved as to legal form:

___________________________________ Dave Williamson, City Attorney

Approved:

_____________________________________ Mayor of City Council

Date: ____________________, 2017

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City of Lafayette Investment Policy Resolution No. 2017-14 Annex I Authorized Personnel The following persons are authorized to transact investment business and wire funds for investment purposes on behalf of the City of Lafayette:

Steve McFarland, Finance Director Cheryl Thompson, Accounting Manager

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City of Lafayette Investment Policy Resolution No. 2017-14 Annex II Applicable Statutes The following Colorado Revised Statutes, section of the Home Rule Charter of the City of Lafayette and the Chapter of the Code of Ordinances of the City of Lafayette are applicable to the investment operations of the City of Lafayette: CRS 11-10.5-101, et seq., Public Deposit Protection Act; CRS 11-47-101, et seq., Savings and Loan Association Public Deposit Protection Act; CRS 24-75-601, et. seq., Funds-Legal Investments; CRS 24-75-603, et seq., Depositories; CRS 24-75-701, et seq., Investment Funds-Local Government Pooling; City of Lafayette Home Rule Charter, Section 8.8; City of Lafayette Code of Ordinances, Chapter 42, Code of Ethics.

C.R.S. 24-75-601.1

COLORADO REVISED STATUTES *** This document reflects changes current through all laws passed at the Second Regular Session of the Seventieth General Assembly of the State of Colorado (2016) *** TITLE 24. GOVERNMENT - STATE STATE FUNDS ARTICLE 75.STATE FUNDS PART 6. FUNDS - LEGAL INVESTMENTS C.R.S. 24-75-601.1 (2016) 24-75-601.1. Legal investments of public funds

(1) It is lawful to invest public funds in any of the following securities: (a) Any security issued by, fully guaranteed by, or for which the full credit of the United States treasury is pledged for payment and, notwithstanding paragraph (a) of subsection (1.3) of this section, inflation indexed securities issued by the United States treasury. The period from the date of settlement of this type of security to its maturity date shall be no more than five years unless the governing body of the public entity authorizes investment for a period in excess of five years. (b) (I) Any security issued by, fully guaranteed by, or for which the full credit of the following is pledged for payment: The federal farm credit bank, the federal land bank, a federal home loan bank, the federal home loan mortgage corporation, the federal national mortgage association, the export-import bank, the Tennessee valley authority, 11

City of Lafayette Investment Policy Resolution No. 2017-14 the government national mortgage association, the world bank, or an entity or organization that is not listed in this paragraph (b) but that is created by, or the creation of which is authorized by, legislation enacted by the United States congress and that is subject to control by the federal government that is at least as extensive as that which governs an entity or organization listed in this paragraph (b). The period from the date of settlement of this type of security to its maturity date shall be no more than five years unless the governing body of the public entity authorizes investment for a period in excess of five years. (II) No subordinated security may be purchased pursuant to this paragraph (b). (c) (Deleted by amendment, L. 2006, p. 552, § 3, effective August 7, 2006.) (d) (I) Any security that is a general obligation of any state of the United States, the District of Columbia, or any territorial possession of the United States or of any political subdivision, institution, department, agency, instrumentality, or authority of any of such governmental entities. (II) No security may be purchased pursuant to this paragraph (d) unless: (A) At the time of purchase, the security carries at least two credit ratings at or above "A" or its equivalent from nationally recognized statistical rating organizations if it is a general obligation of this state or of any political subdivision, institution, department, agency, instrumentality, or authority of this state or carries at least two credit ratings at or above "AA" or its equivalent from such organizations if it is a general obligation of any other governmental entity listed in subparagraph (I) of this paragraph (d); (B) (Deleted by amendment, L. 2006, p. 552, § 3, effective August 7, 2006.) (C) The period from the date of settlement of this type of security to its maturity date or date of optional redemption that has been exercised as of the date the security is purchased is no more than five years unless the governing body of the public entity authorizes investment for a period in excess of five years. (e) (I) Any security that is a revenue obligation of any state of the United States, the District of Columbia, or any territorial possession of the United States or of any political subdivision, institution, department, agency, instrumentality, or authority of any of such governmental entities. (II) No security may be purchased pursuant to this paragraph (e) unless, at the time of purchase, the security carries at least two credit ratings at or above "A" or its equivalent from nationally recognized statistical rating organizations if it is a revenue obligation of this state or of any political subdivision, institution, department, agency, instrumentality, or authority of this state or carries at least two credit ratings at or above "AA" or its equivalent from such organizations if it is a revenue obligation of any other governmental entity listed in subparagraph (I) of this paragraph (e). (III) The period from the date of settlement of this type of security to its maturity date or date of optional redemption that has been exercised as of the date the security is purchased shall be no more than five years. 12

City of Lafayette Investment Policy Resolution No. 2017-14

(f) and (g) (Deleted by amendment, L. 2006, p. 552, § 3, effective August 7, 2006.) (h) Any security of the investing public entity or any certificate of participation or other security evidencing rights in payments to be made by the investing public entity under a lease, lease-purchase agreement, or similar arrangement; (h.5) Any certificate of participation or other security evidencing rights in payments to be made by a school district under a lease, lease-purchase agreement, or similar arrangement if the security, at the time of purchase, carries at least two credit ratings from nationally recognized statistical rating organizations and is rated at or above "A" or its equivalent by all such organizations that have provided a rating; (i) Any interest in any local government investment pool organized pursuant to part 7 of this article; (j) The purchase of any repurchase agreement concerning any securities referred to in paragraph (a) or (b) of this subsection (1) that can otherwise be purchased under this section if all of the conditions of subparagraphs (I) to (VI) of this paragraph (j) are met: (I) The securities subject to the repurchase agreement must be marketable. (II) The title to or a perfected security interest in such securities along with any necessary transfer documents must be transferred to the investing public entity or to a custodian acting on behalf of the investing public entity. (III) Such securities must be actually delivered versus payment to the public entity's custodian or to a third-party custodian or third-party trustee for safekeeping on behalf of the public entity. (IV) The collateral securities of the repurchase agreement must be collateralized at no less than one hundred two percent and marked to market no less frequently than weekly. (V) The securities subject to the repurchase agreement may have a maturity in excess of five years. (VI) The period from the date of settlement of a repurchase agreement to its maturity date shall be no more than five years unless the governing body of the public entity authorizes investment for a period in excess of five years. (j.5) Any reverse repurchase agreement concerning any securities referred to in paragraph (a) or (b) of this subsection (1) that can otherwise be purchased under this section if all of the conditions of subparagraphs (I) to (VII) of this paragraph (j.5) are met: (I) Any necessary transfer documents must be transferred to the investing public entity. (II) Cash must be received by the investing public entity or a custodian acting on behalf of the investing public entity in a deliver versus payment settlement. 13

City of Lafayette Investment Policy Resolution No. 2017-14

(III) The cash received from a reverse repurchase agreement must be collateralized at no more than one hundred and five percent and marked to market no less frequently than weekly. (IV) The repurchase agreement is not greater than ninety days in maturity from the date of settlement unless the governing body of the public entity authorizes investment for a period in excess of ninety days. (V) The counter-party meets the credit conditions of an issuer that would qualify under paragraph (m) of this subsection (1). (VI) The value of all securities reversed under this paragraph (j.5) does not exceed eighty percent of the total deposits and investments of the public entity. (VII) No securities are purchased with the proceeds of the reverse repurchase agreement that are greater in maturity than the term of the reverse repurchase agreement. (j.7) A securities lending agreement in which the public entity lends securities in exchange for securities authorized for investment in this section, if all of the following conditions are met: (I) Any necessary transfer documents must be transferred to the investing public entity. (II) Securities must be received by the investing public entity or a custodian acting on behalf of the investing public entity in a simultaneous settlement. (III) The securities received in the securities lending agreement must be no less than one hundred two percent of the value of the securities lent and marked to market no less frequently than weekly. (IV) The counter-party meets the conditions of an issuer specified in paragraph (m) of this subsection (1). (V) In the case of a local government, the securities lending agreement shall be approved and designated by written resolution adopted by a majority vote of the governing body of the local government, which resolutions shall be recorded in its minutes. (k) Any money market fund that is registered as an investment company under the federal "Investment Company Act of 1940", as amended, if, at the time the investing public entity invests in such fund: (I) The investment policies of the fund include seeking to maintain a constant share price; (II) No sales or load fee is added to the purchase price or deducted from the redemption price of the investments in the fund and no fee may be charged unless the governing body of the public entity authorizes such a fee at the time of the initial purchase; 14

City of Lafayette Investment Policy Resolution No. 2017-14

(III) The investments of the fund consist only of securities with a maximum remaining maturity as specified in rule 2a-7 under the federal "Investment Company Act of 1940", as amended, or any successor regulation under such act regulating money market funds, so long as such rule 2a-7 is not amended to, or such successor regulation does not, increase the maximum remaining maturity of such securities to a period that is greater than three years, and if the fund has assets of one billion dollars or more, or has the highest current credit rating from one or more nationally recognized statistical rating organizations. (IV) The dollar-weighted average portfolio maturity of the fund meets the requirements specified in rule 2a-7 under the federal "Investment Company Act of 1940", as amended, or any successor regulation under such act regulating money market funds, so long as such rule 2a-7 is not amended to increase the dollar-weighted average portfolio maturity of a fund to a period greater than one hundred eighty days. (l) (I) Any guaranteed investment contract, guaranteed interest contract, annuity contract, or funding agreement if, at the time the contract or agreement is entered into, the long-term credit rating, financial obligations rating, claims paying ability rating, or financial strength rating of the party, or of the guarantor of the party, with whom the public entity enters the contract or agreement is, at the time of issuance, rated in one of the two highest rating categories by two or more nationally recognized statistical rating organizations. (II) (Deleted by amendment, L. 2004, p. 950, 7, effective May 21, 2004.) (III) (A) Except as provided in sub-subparagraph (B) of this subparagraph (III), the contracts or agreements purchased under this paragraph (l) shall not have a maturity period greater than three years. (B) Contracts or agreements with a maturity period greater than three years shall only be purchased with proceeds of the sale of securities of a public entity and proceeds of certificates of participation or other securities evidencing rights in payments to be made by a public entity under a lease, lease-purchase agreement, or other similar arrangement or if purchased by revenues pledged to the payment of such securities or certificates; except that no contract or agreement may be purchased pursuant to this paragraph (l) with the proceeds of any of the foregoing that are held in an escrow or otherwise for the purpose of refunding bonds or other obligations of a public entity. (m) (I) Any corporate or bank security that is denominated in United States dollars, that matures within three years from the date of settlement, that at the time of purchase carries at least two credit ratings from any of the nationally recognized statistical ratings organizations, and that is not rated below: (A) "A1, P1, or F1" or their equivalents by either rating used to fulfill the requirements of this subparagraph (I) if the security is a money market instrument such as commercial paper or bankers' acceptance; or (B) "AA- or Aa3" or their equivalents by either rating used to fulfill the requirements of this subparagraph (I) if the security is any other kind of security. 15

City of Lafayette Investment Policy Resolution No. 2017-14

(II) At no time shall the book value of a public entity's investment in notes evidencing a debt pursuant to this paragraph (m) exceed the following: (A) Fifty percent of the book value of the public entity's investment portfolio unless the governing body of the public entity authorizes a greater percent of such book value; or (B) Five percent of the book value of the public entity's investment portfolio if the notes are issued by a single corporation or bank unless the governing body of the public entity authorizes a greater percent of such book value. (III) No subordinated security may be purchased pursuant to this paragraph (m). No security issued by a corporation or bank that is not organized and operated within the United States may be purchased pursuant to this paragraph (m) unless the governing body of the public entity authorizes investment in such securities. (n) (Deleted by amendment, L. 2006, p. 552, § 3, effective August 7, 2006.) (1.3) (a) Except as provided in paragraph (a) of subsection (1) of this section and except as provided in paragraph (b) of this subsection (1.3), public funds shall not be invested in any security on which the coupon rate is not fixed, or a schedule of specific fixed coupon rates is not established, from the time the security is settled until its maturity date, other than shares in qualified money market mutual funds, unless the coupon rate is: (I) Established by reference to the rate on a United States treasury security with a maturity of one year or less or to the United States dollar London interbank offer rate of one year or less maturity, or to the cost of funds index or the prime rate as published by the federal reserve; and (II) Expressed as a positive value of the referenced index plus or minus a fixed number of basis points. (b) A municipal index may be used for the investment of bond or note accounts from issues with coupons linked to the same index. (c) For purposes of this section, "maturity date" means the last possible date, barring default, that principal can be repaid to the purchaser. (1.5) Any firm that sells any financial instrument that fails to comply with the provisions of this section to any public entity in the state of Colorado shall, upon demand of the public entity through the state treasurer, repurchase such instruments for the greater of the original purchase principal amount or the original face value, plus any and all accrued interest, within one business day of the demand. (2) Investments made pursuant to this section shall be made in conformance with the standard set forth in section 15-1-304, C.R.S. (2.3) Public entities shall adopt criteria designating eligible broker-dealers for the purchase of term securities, except for bond proceed investments, under this section. 16

City of Lafayette Investment Policy Resolution No. 2017-14

(2.5) (a) If a public entity invests public moneys through an investment firm offering for sale corporate stocks, bonds, notes, debentures, or a mutual fund that contains corporate securities, the investment firm shall disclose, in any research or other disclosure documents provided in support of the securities being offered, to the public entity whether the investment firm has an agreement with a for-profit corporation that is not a government-sponsored enterprise, whose securities are being offered for sale to the public entity and because of such agreement the investment firm: (I) Had received compensation for investment banking services within the most recent twelve months; or (II) May receive compensation for investment banking services within the next three consecutive months. (b) For the purposes of this subsection (2.5), "investment firm" means a bank, brokerage firm, or other financial services firm conducting business within this state, or any agent thereof. (3) Nothing in this section is intended to limit: (a) The power of any public entity to invest any public funds in any security or other investment permitted to such public entities under any other valid law of the state; or (b) The power of any home rule city, city and county, town, or county to invest any public funds in any security or other investment permitted under the charter or ordinance of such home rule city, city and county, town, or county; or (c) The authority of the state board of regents to invest any funds available to the board in any security or other investment otherwise provided by law. (3.5) (Deleted by amendment, L. 2006, p. 552, § 3, effective August 7, 2006.) (4) Nothing in this section is intended to apply to public funds held or invested as part of any pension plan, full or supplemental retirement plan, or deferred compensation plan. HISTORY: Source: L. 89: Entire section added, p. 1102, § 2, effective July 1.L. 91: (4) amended, p. 1917, § 39, effective June 1.L. 93: (1)(k)(II), IP(1)(k)(III), and (1)(k)(III)(C) amended and (1)(k)(IV) added, p. 1260, § 7, effective June 6.L. 94: (1)(k)(III) amended and (1)(m) added, p. 449, § 1, effective March 29.L. 95: IP(1)(j), (1)(k)(III), (1)(k)(III)(C), and (1)(k)(III)(D) amended and (1.3) and (1.5) added, p. 772, § 1, effective May 24.L. 2000: (1)(n) added, p. 182, § 2, effective August 2; (3.5) added, p. 811, § 1, effective August 2.L. 2002: (1)(d)(II) and (3.5) amended, pp. 258, 259, § § 2, 3, effective April 12.L. 2003: (1)(l)(I) amended, p. 623, § 40, effective July 1; (2.5) added, p. 674, § 3, effective August 6.L. 2004: (1)(j)(I) and (1)(l) amended, p. 950, § 7, effective May 21.L. 2006: Entire section amended, p. 552, § 3, effective August 7.L. 2009: (1)(h.5) added, (SB 09-256), ch. 294, p. 1569, § 36, effective May 21.L. 2012: (1)(b)(II) and (1)(m)(I) amended and (1)(m)(III) added, (HB 12-1005), ch. 6, p. 19, § 1, effective March 7.L. 2014: (1)(d)(II)(A), (1)(d)(II)(C), (1)(e)(II), (1)(e)(III), (1)(h.5), (1)(k)(III), and (1)(l)(I) amended, (HB 14-1103), ch. 81, p. 322, § 1, effective March 27. 17

City of Lafayette Investment Policy Resolution No. 2017-14

Cross references: For the legislative declaration contained in the 2002 act amending subsections (1)(d)(II) and (3.5), see section 1 of chapter 94, Session Laws of Colorado 2002. ANNOTATION This section is not preempted by federal law. It is not preempted by 15 U.S.C. § 77r of the National Securities Markets Improvement Act because it does not impose any broad registration or qualification requirements or other merit-based conditions on the offering or sale of covered securities within the state, nor does it achieve a similar objective by totally prohibiting the sale of such securities within the state for failure to fulfill a meritbased condition. Griffin v. Capital Sec. of Am., 298 P.3d 970 (Colo. App. 2010), rev'd on other grounds, 2012 CO 39, 278 P.3d 342. It is not preempted by the Federal Home Loan Mortgage Corporation Act, as the act contains an express allowance for state laws such as the one contained in this section. The state's enforcement of this section by holding violators liable does not create a conflict. Griffin v. Capital Sec. of Am., 298 P.3d 970 (Colo. App. 2010), rev'd on other grounds, 2012 CO 39, 278 P.3d 342. When a public entity purchases unlawful securities under this section, disgorgement is not an available remedy against the seller. While the legislature expressly provided a damages remedy, an equitable remedy, and a regulatory remedy, it did not provide a disgorgement remedy under a theory of common law restitution. Under these circumstances, the addition of disgorgement would impermissibly alter the extensive and detailed remedial scheme adopted by the legislature. Capital Sec. of Am. v. Griffin, 2012 CO 39, 278 P.3d 342.

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City of Lafayette Investment Policy Resolution No. 2017-14

Annex III Approved Depositories and Custodian Banks The following depositories have been approved by the City of Lafayette:

JPMorgan Chase Bank, NA U.S. Bank NA Wells Fargo Bank, NA Home State Bank Great Western Bank UMB Bank

The following custodian bank has been approved by the City of Lafayette: Wells Fargo Institutional Retirement and Trust Guaranty Bank and Trust Company UMB Bank

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City of Lafayette Investment Policy Resolution No. 2017-14

GLOSSARY OF TERMS Banker's Acceptance A banker’s acceptance (BA) is defined as a time draft drawn on and accepted by a bank to pay a specified amount of money on a specified date. The draft is a primary and unconditional liability of the accepting bank. Bankers’ acceptances typically are created for international trade transactions. Commercial Paper Commercial paper (CP) is defined as a short-term unsecured promissory note issued for a specified dollar amount with a maturity that can be tailored to meet an investor’s needs. Notes have maximum maturities of 270 days, with the majority of CP being issued in the 30-50 day range. Most CP is sold at a discount from face value although some can be interest bearing. Federal Home Loan Banks (FHLB) The FHLB consists of twelve regional banks, which are owned by private member institutions. They function as a credit reserve facilitating extension of credit through member-owners to provide access to housing and to improve the quality of communities. These federal instrumentality securities do not carry direct U.S. government guarantees. Federal Farm Credit Bank (FFCB) The FFCB is a network of cooperatively owned lending institutions that provide credit services to farmers and farm-affiliated businesses. The Farm Credit Banks collectively issue consolidated system-wide discount notes, debentures and medium term notes. These federal instrumentality securities do not carry direct U.S. government guarantees. Federal Home Loan Mortgage Corporation (FHLMC or Freddie Mac) FHLMC is a government-chartered corporation established in 1970 to help maintain the availability of mortgage credit for residential housing. FHLMC buys qualified mortgage loans from the financial institutions that originate them, securitizes the loans, and distributes the securities through the dealer community. FHLMC also issues discount notes, debentures and medium term notes that finance the purchase of the mortgages. These federal instrumentality securities do not carry direct U.S. government guarantees. Federal National Mortgage Association (FNMA or Fannie Mae) FNMA (Fannie Mae) is a congressionally chartered corporation, chartered in 1938. FNMA purchases conventional mortgages, pools them and sells them as mortgagebacked securities to investors on the open market. FNMA sells debentures, discount notes and medium term notes to investors to finance their purchase of conventional mortgages. These federal instrumentality securities do not carry direct U.S. government guarantees.

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City of Lafayette Investment Policy Resolution No. 2017-14 Money Market Mutual Funds (MMMFs) MMMFs are an open-ended mutual fund, which invests only in money market investment instruments. MMMFs are sponsored by private companies and are regulated by and must be registered with the SEC. These funds fall under Investment Company Act of 1940 and they must comply with Rule 2a-7, which governs the credit quality, diversification practices, and maturities of portfolio securities. Repurchase Agreement (repo) A repurchase agreement (repo or RP) is a simultaneous transaction whereby an investor purchases securities (collateral) from a bank or a dealer for cash and the bank or dealer contractually agrees to repurchase the collateral security at the same price (plus interest) at a mutually agreed-upon future date. When the repurchase agreement is executed, the parties agree to a specified interest rate, or repo rate. U.S. Treasury Securities (Treasuries) Treasuries are marketable (negotiable) securities that are issued by the U.S. Treasury and carry the full faith and credit of the U.S. government. They are issued in three types–bills, notes, and bonds. Treasury bills have maturities less than one year, do not have a coupon and are purchased at a discount to par value. Treasury notes and bonds have coupons that pay semi-annual interest and have original maturities of two years or greater. U.S. Treasury STRIPS (Separately Traded Registered Interest and Principal Securities) STRIPS are issued by the Treasury as zero-coupon securities and represent the principal or interest payments from selected Treasury notes and bonds. They carry the full faith and credit of the U.S. government.

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STAFF REPORT To: From: Date: Subject:

Gary Klaphake, City Administrator Douglas Short, P.E., Public Works Director Jenny Conlon, Administrative Specialist February, 14, 2017 Contract / Water Conservation Programs / Center for ReSource Conservation

Recommendation: Approval of a contract with the Center of ReSource Conservation (CRC) for turf irrigation and indoor audits, Garden in a Box, Waterwise Landscape Seminars and Toilet upgrade Program and Turf Replacement Program for a cost not to exceed $66,890 Background: This will be the 14th year the City of Lafayette has offered no cost turf irrigation and indoor audits for Lafayette water customers. During the summer season of 2004 through 2016, CRC performed 1,095 residential audits, 23 HOA common area audits and 4 commercial property audits in Lafayette. 277 residents have participated in the indoor audits. Each property owner is given a report that details the problem areas that need correction or attention and specific details on how to improve water efficiency. The CRC performs a “turn-key” program for the City that has no impact to staff or resources of Lafayette, except for historical water consumption data for each audit. The CRC handles the training of the audit staff, audit scheduling and reporting to the individual property owners and to the City. Various cities across the Front Range participate in this program, including Erie, Superior, Boulder, and Longmont in Boulder County. The City also contracts with CRC to produce two waterwise landscape seminars. These seminars will focus on outdoor water conservation by educating the public about xeriscape landscaping. These seminars will be held in conjunction with seminars being sponsored by other Boulder County cities in a week long educational seminar series in April. Garden in a Box (GIAB) is a WaterWise plant sale to help facilitate the implementation of water-wise landscaping through the sale of low-cost, professionally designed xeric gardens that include planting and maintenance instruction as well as a plant by number design layout. In 2013-2016, 509 Lafayette residents purchased GIAB. In 2016, the City introduced the Turf Replacement Program, offering residents a way to replace their existing turf with either a GIAB 200 sq ft garden or permeable hardscape for $1/sq ft. CRC handles customer service, scheduling, reporting and monitoring of the program. 25 residents participated in this program in 2016. Toilet Upgrade program offers residents a chance to replace household toilets 1.6 gallons per flush (gpf) or higher with 0.8 gpf toilet for a low cost. CRC will install the new toilet and recycle the old toilet. 125 toilets were replaced in 2016 with a waiting list for 2017.

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

Fiscal impact: Funds for this program are budgeted in Water Administration 41-401-8890 Misc. Services, and 41-401-882002 Water Rebate Program $66,890. • • • • • •

WaterWise Seminar Series: $1,845 Slow the Flow Irrigation Audit Program: $19,695 Slow the Flow Indoor Audit Program: $4,275 GIAB Program: $5,800 Turf Replacement Program: $13,400 Toilet Upgrade Program: $21,875 (41-401-882002)

Attachments: None.

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

STAFF REPORT To: From: Date: Subject:

Gary Klaphake, City Administrator Doug Short, Public Works Director Bradley S. Dallam, P.E., Water Resources and CIP Manager February 17, 2017 Contract / T. Lowell Construction / Orange Zone Pipeline, Phase 1

Recommendation: Award of Contract for the construction of the Orange Zone Pipeline, Phase 1 to T. Lowell Construction in the amount of $540,000. Background: Merrick and Company has been under contract to design and prepare contract documents for the construction of the Orange Zone Line. City has gone through permitting and the initial phase of easement acquisition. The project was broken up into phases so we could connect into the tank during low demand time of year and cross through the golf course during off peak season. The next phase will connect the line from 95th Street (at about the Golf Course maintenance shop) to approximately the Water Plant, minus the work of this phase. Plans and specifications were prepared, a public bid opening was held at 9:00 AM in the Council Chambers on Feb 16, 2017. Results are as follows: T Lowell Construction Concrete Works of Colorado EZ Excavating, Inc. Brannan Construction Northern Colorado Construction Colorado Civil Infrastructure, Inc.

$540,000.00 $826,625.00 $895,805.00 $612,219.00 $623,320.00 $749,455.00

T Lowell was the low bidder, and is a reputable contractor that has performed high-quality work for the City in the past and has worked with our consulting engineer on many projects recently. Merrick and Company and staff recommend the project be awarded to T. Lowell Construction. Fiscal impact: Account 41-701-9410 (Water Fund; Capital Outlay; Water Lines) has $2,503,000 budget for the completion of this project, this phase will be financed out of that fund. Attachments: None

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

To: From: Date: Subject:

Gary Klaphake, City Administrator Steve McFarland, Finance Director February 21st, 2017 Contract / Inspire Initiative Grant / Fiscal Agent / Great Outdoors Colorado (GOCO)

Recommendation: Motion to enter into a contract with Great Outdoors Colorado (GOCO) to act as fiscal agent for the Nature Kids/Jovenes de la Naturaleza (NKJN) Lafayette Project Background The Great Outdoors Colorado Trust Fund (GOCO) dedicates a portion of State lottery proceeds to be invested in Colorado’s parks, wildlife, open space and recreational resources. In 2015. GOCO created a program under which qualified entities could apply for grants to connect communities to the outdoors. For the NKJN Project, the City is acting as the Fiscal Agent and is teaming with GOCO and Thorne Nature Experience. The project includes the Sanchez Elementary School Yard and Sanchez Connector Trail, as well as other facilities, signage, access, and youth programs. The Project will be implemented over a 5-year period (201721). This project was first brought before Council as a Staff Memo / Resolution (2016-78), which was approved on October 4, 2016. At that time, Council approved the City to act as the applicant (Fiscal Agent). The application was successful. GOCO has approved $2,800,000 for the project, with a partner cash match ($574,447) and a partner in-kind match ($1,214,971), bringing the total project to $4,589,419. The City portion of the cash and in-kind matches were discussed in the October 4, 2016 Memo. In addition, project collaborators/partners were identified, the most prominent of which is the Boulder Valley School District. Staff will modify the 2017 Budget (Open Space Fund(s)) in accordance with the October 4, 2016 Memo/Resolution, and will bring the modifications back for official approval with the amended 2017 Budget later in the year. City counsel has deemed the attached contract as “acceptable”.

Attachment: Grant Agreement, GOCO – Nature Kids/Jovenes de la Naturaleza Fiscal Impact: No impact to act as Fiscal Agent

To: From: Date: Subject:

Gary Klaphake, City Administrator Steve McFarland, Finance Director February 21st, 2017 Contract Renewal / Investment Management / Insight Investment

Recommendation: Staff recommends renewing Insight Investment’s contract with the City the period March 1, 2017 – February 28, 2018. Background

Insight Investment (formerly Cutwater) has provided the City with investment advisory services since 2006. The City’s portfolio has is currently ~$68,000,000 (source: January 2017 statement) and is comprised of cash, commercial paper, corporate bonds, government agencies and government bonds. The fee structure shall remain unchanged for the renewal period and is as follows: 0.10 of 1% of the first $25,000,000 0.07 of 1% of the remaining ~$43,000,000 This equates to ~$55,000/year. Attachment: Investment Advisory Agreement amendment/renewal, signed by Insight Investment Fiscal Impact: see above – fees are allocated across Funds in proportion to invested balances

STAFF REPORT To: From: Date: Subject:

Gary Klaphake, City Administrator Doug Short, Public Works Director Aaron Asquith, P.E., City Engineer Bradley S. Dallam, P.E., CIP Manager February 15, 2017 Renew of Contracts / 2017 City Wide Street Rehabilitation and 2017 City Wide Crack Fill Program / PLM Asphalt and Concrete, Inc.

Recommendation: Concurrent approval of the Renewal of contracts with PLM Asphalt and Concrete Inc., one for the 2017 City Wide Street Rehabilitation in the amount of $600,000.00 and additionally the 2017 City Wide Crack Fill Program in the amount of $162,000 Background: Last year Staff and the City Attorney’s office prepared a contract for the repair and paving of streets, that contract included a 5 year renewal clause. PLM Asphalt and Concrete, Inc. was awarded and executed the contract. The City Attorneys office has prepared an addendum to renew the contract as envisioned in the original bid, Staff is recommending approval of that addendum to renew the Street Rehabilitation Contract. Similarly Contract Documents were prepared for the Street Crack Filing Project. PLM Asphalt and Concrete, Inc. was also awarded and executed that contract. The City Attorneys office has also prepared an addendum to renew that contract as envisioned in the original bid. Staff is recommending approval of the addendum to renew the City Wide Crack Fill contract. PLM provided high quality work at aggressive pricing on both projects with price increases within industry standards. Fiscal impact: Budget Number 34-301-9321 (Capital Projects, Public Works, Street Improvement) has a 2017 budget of $1,500,000. The cost of these projects will go against that fund Attachments: None

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

Expenditures for Approval February 21th, 2017 Facilities Maintenance Burt Fleet Services Inc 2017 Chevy Silverado 2500HD Double Cab

$ 31,937.00

Public Works WL Contractors Inc 2017 Traffic Signal Maintenance

$ 28,000.00

STAFF REPORT To: From: Date: Subject:

Gary Klaphake, City Administrator Doug Short, Public Works Director February 14, 2017 Council Appointments- Waste Reduction Advisory Committee (WRAC)

Recommendation: Approval of two new Board members and switching of existing Board member to an Alternate position. Background: Last summer WRAC lost three Board members due to fulfilled term, resignation and moving out of Lafayette. In August, Kathy Wertz asked to be moved to Board member position from her Alternate position to help with making quorum. During the last few months, we have extensively advertised for new Board members and have received several good applications. The WRAC Board at their February 2nd meeting voted unanimously to recommend appointment to the Board Becky O’Brien and Jonathan Hanst for a four-year term beginning In March. Both candidates have extensive background both professionally and personally in the zero waste/recycling area and will be an asset to WRAC. At the same time Ms. Wertz would like to go back to her position as an Alternate to the WRAC Board. The third Board position will be filled next month when one of the candidates meets the one year residence requirement and will be passed in front of Council for your blessing and approval. Fiscal impact: None Attachments: None

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

Staff Report To: From: Date: Subject:

Gary Klaphake, City Administrator Melissa Hisel, Library Director February 9, 2017 Library Board Appointments

Recommendation: The library board recommends the appointment of new members; Susan Curtis and Alyson Miller-Greenfield for terms of three years. The library board recommends Jody Tracy as an alternate member. Background: Eight people applied for two regular and one alternate position on the Library Board. The board reviewed applications at their January meeting and tasked Interim Chair Missy Durfey and Courtney Messenbaugh with interviewing and making final selections. Six candidates were interviewed on February 6th 2017. The candidates meet the residency and voter registration requirements; the board recommends the following appointments: Regular Members: Susan Curtis Alyson Miller-Greenfield

(March 2017-March 2020) (March 2017-March 2020)

Alternate Member Jody Tracy

(March 2017-March 2020)

Fiscal Impact: None Attachments: None

STAFF REPORT TO: FROM: DATE: SUBJECT:

Gary Klaphake, city Administrator Greg Thompson, Senior Planner February 10, 2017 Historic Preservation Board Appointment

Recommendation: Motion to approve the appointment of Celia Fitch as Alternate on the Historic Preservation Board Background: On February 7, 2017, the Historic Preservation Board voted to recommend to Council the appointment of applicant Celia Fitch for the open position of Alternate to fill a term that ends September, 2019. The other Alternate position remains open, and a full position will be opening next week. Fiscal Impact: None Attachments: None