agenda - City of Lafayette

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Statement of Vision Lafayette’s panoramic view of the Rocky Mountains inspires our view into the future. We value our heritage, our unique neighborhoods, a vibrant economy and active 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.

December 6, 2016

AGENDA 5:00 PM CITY COUNCIL MEETING I.

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

II.

EXECUTIVE SESSIONS (60 MIN.) A. 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 an Erie Annexation B. According to C.R.S. 24-6-402(4)(f), to discuss personnel matters pertaining to the City Attorney’s performance evaluation C. 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 West side of Hwy 287 North

III.

WORKSHOP – Water System Storage Update (30 min.)

IV.

LIQUOR AUTHORITY – PUBLIC HEARINGS D. Resolution No. 2016-89 / Approving a Transfer of a 3.2% Beer Off-Premises Liquor License /

Hajuri and Bal LLC dba Centaur Food & Fuel to Puspa and Padam LLC dba Centaur Food & Fuel, 1208 Centaur Village Dr. Lafayette, CO 80026 (Noticed in Colorado Hometown Weekly

November 23, 2016)

E. Resolution No. 2016-90 / Granting a New Hotel and Restaurant Liquor License / Ras Kassa’s East Inc. dba Ras Kassa’s Ethiopian Restaurant, 802 S. Public Rd. Suites B & C, Lafayette, CO 80026 (Noticed in Colorado Hometown Weekly November 23, 2016) V.

PUBLIC HEARINGS F. Second Reading / Ordinance No. 37, Series 2016 / Adopting the 2015 Edition of the International Residential Code, International Mechanical Code, International Fuel Gas Code, International Plumbing Code and International Energy conservation Code, International Building Code, Property Maintenance Code and the International Existing Building Code (Noticed in the Colorado Hometown Weekly Nov. 9 and Nov. 23, 2016) G. First Reading / Ordinance No. 43, Series 2016 / Designating Structures at 200 W. Baseline Road as a Local Historic Landmark

VI.

PUBLIC INPUT (AFTER 6:30 PM) H. ITEMS FROM THE PUBLIC NOT ON THE AGENDA (The public may address any City business, including Consent Agenda items, for which a public hearing is not scheduled)

VII. REGULAR BUSINESS Ordinances I. Second Reading / Ordinance No. 34, Series 2016 / Amending Section 30-405 of the Code of Ordinances of the City of Lafayette Pertaining to Waiver of Fees and Exemption from Use Tax for New Mixed-Use (Apartment/Commercial) Facility J. Discussion and Second Reading / Ordinance No. 40, Series 2016 / 2016 Supplemental Budget Appropriation K. First Reading / Ordinance No. 44, Series 2016 / Authorizing the Grant of an Easement to Century Link for Underground Telecommunication Facilities L. First Reading / Ordinance No. 45, Series 2016 / Vacating Easements / Lafayette Tech Center Filing No. 3 / Clinica Family Health 1. Lafayette Tech Center Filing No. 3, Replat K / Minor Subdivision / Acceptance of Utility Easements M. First Reading / Ordinance No. 46, Series 2016 / Authorizing the Conveyance of Cityowned Solar Panel Parcel to Lafayette South Public Investors, LLC / Lafayette City Center Resolutions N. Resolution No. 2016-91 / Adopting 2017 Employee Classification & Compensation Schedule and Fire Fighters IAFF Local 4620 Agreement O. Resolution No. 2016-92 / Authorizing Intergovernmental Agreement with Boulder County / Roadway Design-Construction-Financing Agreement P. Resolution No. 2016-93 / Authorizing an Economic Development Agreement with Lafayette South Public Investors, LLC / Lafayette City Center

VIII.

CONSENT AGENDA Q. Minutes of Regular Council Meeting of November 15, 2016 R. Second Reading / Ordinance No. 27, Series 2016 / Comcast Franchise Renewal S. Second Reading / Ordinance No. 39, Series 2016 / Amending Municipal Code Chapter 25 Animals and Fowl and Chapter 26 Development and Zoning / Pertaining to Pot Bellied Pigs and Miniature Goats T. Second Reading / Ordinance No. 41, Series 2016 / Orange Zone Line Land Acquisition U. Second Reading / Ordinance No. 42, Series 2016 / Approval of Lease Agreement / Thomas Open Space Farm / Isabelle Farm, LLC V. Resolution No. 2016-94 / Service Fees / Residential Composting Collection W. Resolution No. 2016-95 / Street Closures / Oatmeal Festival X. Contracts for 2017 / Building Inspectors / Certified Construction Services and Code Consultants International Y. Lafayette City Center / Extension of Final Plan Approval to March 31, 2017 Z. Renewal / Pawn Brokers License / EZ Pawn Colorado Inc. AA. Thirteenth Interim Agreement with the Northern Colorado Water Conservancy District, Northern Integrated Supply Project Water Activity Enterprise, for Participation in the Northern Integrated Supply Project BB. Purchase Orders and Amendments

IX.

COUNCIL APPOINTMENTS - Senior Advisory Board

X.

STAFF REPORTS CC. City Attorney’s Report DD. City Administrator’s Report

XI.

COUNCIL REPORTS EE. Proposal for a Resolution Reaffirming Lafayette’s Commitment to Equal Protection and Services

XII.

ADJOURN

WATER MASTER PLAN UPDATE INTRODUCTION COUNCIL WORKSHOP DECEMBER 6, 2016

SECTIONS OF THE UTILITY • WATER RIGHTS, LEGAL AUTHORITY • FACILITIES TO DIVERT WATER • FACILITIES TO STORE WATER • PUMP STATION AND TRANSMISSION FROM STORAGE TO WATER TREATMENT PLANT • WATER TREATMENT PLANT • STORAGE TANKS • DISTRIBUTION SYSTEM

STORAGE • BASE LINE RESERVOIR • GOOSE HAVEN RESERVOIR • WANEKA RESERVOIR • COLORADO BIG THOMPSON SYSTEM • NORTHERN INTEGRATED SUPPLY PROJECT • WINDY GAP FIRMING PROJECT • GROSS RESERVOIR • SNOW

BASE LINE RESERVOIR IMPROVEMENTS

WANEKA LAKE

REPLACED OUTLET VALVE •

GOOSE HAVEN RESERVOIR COMPLEX

PARTICIPATION IN REGIONAL PROJECTS

GROSS RESERVOIR

LAFAYETTE’S INTEREST IN GROSS RESERVOIR • IGA WITH BOULDER AND DENVER (MARCH 2010) • IGA WITH BOULDER • 5000 AF OF ENVIRONMENTAL POOL • 3000 AF AS BASIS OF NEGOTIATIONS • ADVOCATES OF THE PROJECT

WINDY GAP FIRMING PROJECT

WINDY GAP FIRMING PROJECT PARTICIPATION • INCLUDED IN 2005 WHEN WE BOUGHT A UNIT FROM LEFT HAND WATER • PURSUED MORE SHARES • RECENTLY MADE OFFER TO PLATT RIVER POWER AUTHORITY (PRPA) • 1800 AF, BASED ON WHAT WE THOUGHT WE WOULD BUY

NORTHERN INTEGRATED SUPPLY PROJECT

NISP PARTICIPANT • CURRENTLY 1800 AF • 1000 AF MINIMUM • WE CAN MODIFY OUR PARTICIPATION ONCE WE KNOW AN ACTUAL COST PER AF

PROPOSED DEAL WITH PRPA • THEY NEEDED STORAGE BASED ON UPDATED POWER DEMAND • THEY HAD MORE DIRECT FLOW (WINDY GAP UNITS) THAN THEY COULD USE • WE HAD MORE STORAGE THAN DIRECT FLOW • PERFECT SCENARIO FOR TRADE • WE LOOKED AT PROPOSALS FROM EVERY DIRECTION, CAME UP WITH WHAT WE FELT WAS DEFENSIBLE AND FAIR • WILL BE LATER IN THE YEAR BEFORE WE KNOW IF WE ARE COMPETITIVE OR NOT • TIMING DICTATED PROPOSAL PRIOR TO COUNCIL APPROVAL, SO OUR PROPOSAL WAS SUBJECT TO YOUR APPROVAL

STAFF REPORT To: From: Date: Subject:

Gary Klaphake, City Administrator Susan Koster, City Clerk Susan Barker, Deputy City Clerk November 29, 2016 Hearing/ Resolution No. 2016-89 / Approving a Transfer of a 3.2% Beer OffPremises Liquor License / Hajuri and Bal LLC dba Centaur Food and Fuel to Puspa and Padam LLC dba Centaur Food and Fuel, 1208 Centaur Village Dr., Lafayette, CO

Recommendation: Council motion to approve Resolution No. 2016-89 / Approving a Transfer of a 3.2% Beer Off-Premises Liquor License / Hajuri and Bal LLC dba Centaur Food and Fuel to Puspa and Padam LLC dba Centaur Food and Fuel, 1208 Centaur Village Dr., Lafayette, CO Background: A complete 3.2% Beer Off-Premises Liquor License transfer application was received from Puspa and Padam LLC on October 17, 2016. A temporary permit was issued as of October 17, 2016 and is valid for 120 days. The applicant has a lease with A Mogul Property LLC until December 31, 2019. A diagram of the proposed licensed premise provides for the sale of liquor in the interior of the building. The sale of liquor for off-premises consumption is permitted at this location under Lafayette zoning regulations. Colorado Liquor Code permits the sale of 3.2% beer for off-premise consumption 7 days a week, between the hours of 5 am and midnight. The Lafayette Police Department conducted a preliminary background check on owner Padam Thapa. No disqualifying information was discovered. Criminal history investigations by CBI and FBI are pending and Resolution No. 2016-89 conditions approval of the license subject to final clearance. A transfer of a liquor license does not require a demonstration of the needs and desires of the neighborhood. The hearing for this application was noticed in the Colorado Hometown Weekly on November 23, 2016 and the premises were posted on November 21, 2016 in accordance with the 10-day posting requirement. Preliminary findings by the City Clerk support the approval of the transfer of the 3.2% Beer OffPremises license and staff recommends Liquor Authority approval. Fiscal Impact: Local Fees collected: $792.25 Attachments: Resolution No. 2016-89 License Application (application attachments are available for Council review in Clerk’s office

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

CITY OF LAFAYETTE RESOLUTION No. 2016-89 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO, GRANTING A TRANSFER OF A 3.2% BEER OFF-PREMISES LIQUOR LICENSE FROM HAJURI AND BAL LLC d/b/a CENTAUR FOOD AND FUEL TO PUSPA AND PADAM LLC d/b/a CENTAUR FOOD AND FUEL WHEREAS, the City has received an application for a transfer of a 3.2% Beer OffPremises Liquor License, on October 17, 2016, and said application was verified complete; and WHEREAS, the applicant has paid the required application and license fees; and WHEREAS, the Lafayette City Council, sitting as the Local Licensing Authority, considered the transfer application on December 6, 2016. NOW, THEREFORE, the City Council of the City of Lafayette finds as follows: 1. The applicant is entitled to possession of the premises for which application is made under a lease agreement between A Mogul Property LLC (landlord) and Puspa and Padam LLC (tenant), the term of which expires on December 31, 2019. 2. The applicant has filed a floor plan for the interior of the building. The Council approved said floor plan with no exceptions. 3. The sale of liquor for consumption off the premises is permitted at the location for which the license is sought under the applicable zoning ordinances of the City of Lafayette. 4. The party shown by the application as having a financial interest in the business for which the license is requested is Padam Thapa. 5. The application discloses that A Mogul Property LLC is the owner of the property. 6. The Lafayette Police Department has conducted a preliminary background check of Padam Thapa and found no disqualifying information. A criminal history investigation is underway at CBI and FBI to determine whether the applicant’s character and reputation are satisfactory to the Local Authority and therefore qualified to hold a liquor license.

NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Lafayette, Colorado, as follows:

Resolution 2016-89 Page 2 of 2

1.

The application of Puspa and Padam LLC d/b/a Centaur Food and Fuel is hereby approved subject to: A. Final criminal clearance from FBI and CBI, which will be reported to the City Clerk through the Police Department. B. Upon approval of the 3.2% Beer Off-Premises License by the State Licensing Authority, the City Clerk is hereby authorized to issue the license to the applicant.

2.

This Resolution shall be effective upon its approval by the City Council.

RESOLVED AND PASSED THIS 6th DAY OF DECEMBER, 2016.

CITY OF LAFAYETTE, COLORADO

______________________________ Christine Berg, Mayor ATTEST:

_________________________________ Susan Koster, CMC, City Clerk

APPROVED AS TO FORM:

_________________________________ David S. Williamson, City Attorney

STAFF REPORT To: From: Date: Subject:

Gary Klaphake, City Administrator Susan Koster, City Clerk Susan Barker, Deputy City Clerk November 29, 2016 Public Hearing/ Resolution No. 2016-90 / Granting a New Hotel & Restaurant Liquor License / Ras Kassa’s East Inc. dba Ras Kassa’s Ethiopian Restaurant / 802 S. Public Rd., Suite B & C, Lafayette, CO

Recommendation: Council motion to approve Resolution No. 2016-90 / Granting a New Hotel & Restaurant Liquor License / Ras Kassa’s East Inc. dba Ras Kassa’s Ethiopian Restaurant / 802 S. Public Rd., Suite B & C, Lafayette, CO Background: A complete Hotel & Restaurant Liquor License application was received from Ras Kassa’s Inc. on November 1, 2016. The applicant filed a concurrent review with the Colorado Liquor Enforcement Division, which will issue the state license upon receiving evidence of approval by the Local Authority. A diagram of the proposed licensed premise provides for liquor service in the interior of the building. Zoning regulations for this location have been met. The applicant is completing a tenant finish and the Fire Marshall and Building Official will conduct final inspections when work is complete. Resolution No. 2016-90 conditions the approval of the license on the applicant satisfactorily completing the tenant finish. Ras Kassa’s Inc. holds a lease on the premises from Pickren LLC, until September 30, 2026. The Lafayette Police Department conducted a preliminary background check on owner Tsehay Hailu. No disqualifying information was discovered. Criminal history investigations by CBI and FBI are pending and Resolution No. 2016-90 conditions approval of the license subject to final clearance. The owner conducted a Needs and Desires Survey of the surrounding neighborhood within a 1/2–mile radius established by the City Clerk. A summary of the survey by the applicant indicates that, of the 353 total door knocks, 141 eligible persons signed the petition, 8 declined, and 192 did not answer the door.

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

Ras Kassa’s East Inc. Hotel & Restaurant Liquor License Page 2 94 residents and 44 business owners/managers were in favor of the issuance of the license; 2 residents and 1 business owner were not in favor. The public hearing for this application was noticed in the Colorado Hometown Weekly on November 23, 2016 and the premises were posted on November 22, 2016 in accordance with the 10-day posting requirement. Preliminary findings by the City Clerk support the approval of the new license and staff recommends Liquor Authority approval. Fiscal Impact: Local Fees collected: $863.50 Attachments: Resolution No. 2016-90 License Application (application attachments are available for Council review in the City Clerk’s office) Petition Summary

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

CITY OF LAFAYETTE RESOLUTION No. 2016-90 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO, GRANTING A NEW HOTEL AND RESTAURANT LIQUOR LICENSE TO RAS KASSA’S EAST INC. dba RAS KASSA’S ETHIOPIAN RESTAURANT WHEREAS, the City has received an application for a new Hotel and Restaurant Liquor License, on November 1, 2016, and said application was verified complete; and WHEREAS, the applicant has paid the required application and license fees and filed for a concurrent review with the Colorado Liquor Enforcement Division; and WHEREAS, the Lafayette City Council, sitting as the Local Licensing Authority, considered the new application on December 6, 2016. NOW, THEREFORE, the City Council of the City of Lafayette finds as follows: 1. The applicant is entitled to possession of the premises for which application is made under a lease agreement between Pickren LLC (landlord) and Ras Kassa’s East Inc. (tenant), the term of which expires on September 2026. 2. The applicant has filed a floor plan of the interior area. The Council approved said floor plan without exceptions. 3. The sale of liquor for consumption on the premises is permitted at the location for which the license is sought under the applicable zoning ordinances of the City of Lafayette. 4. The party shown by the application as having a financial interest in the business for which the license is requested is Tsehay Hailu. 5. The Lafayette Police Department has conducted a preliminary background check of Tsehay Hailu and found no disqualifying information. A criminal history investigation is underway at CBI and FBI to determine whether the applicant’s character and reputation are satisfactory to the Local Authority and therefore qualified to hold a liquor license. NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Lafayette, Colorado, as follows: 1. The application from Ras Kass’s East Inc. dba Ras Kassa’s Ethiopian Restaurant is hereby approved subject to: A. Final criminal clearance from FBI and CBI, which will be reported to the City Clerk through the Police Department.

Resolution 2016-90 Page 2 of 2

B. Upon completion of the tenant finish and receiving final approval from the City of Lafayette Building Department the City Clerk is hereby authorized to release the license to the applicant; and C. Upon approval of the Hotel and Restaurant Liquor License by the State Licensing Authority, the City Clerk is hereby authorized to issue the local license to the applicant. 2. This Resolution shall be effective upon its approval by the City Council. RESOLVED AND PASSED THIS 6th DAY OF DECEMBER, 2016.

CITY OF LAFAYETTE, COLORADO

______________________________ Christine Berg, Mayor ATTEST:

_________________________________ Susan Koster, CMC City Clerk

APPROVED AS TO FORM:

_________________________________ David S. Williamson, City Attorney

MEMO To:

Gary Klaphake, City Administrator

From:

Greg Thompson, Senior Planner

Date:

November 28, 2016

Subject:

First Reading / Ordinance No. 43, Series 2016 / 200 W. Baseline Road / 3rd Party Historic Landmark Nomination

Recommendation: Approval of Ordinance No. 43, Series 2016, designating 5 buildings and 1 sign at 200 W. Baseline Rd. a local historic landmark. Background: Vicky Uhland submitted a third-party landmark nomination application on September 9, 2016. The property owner is Mike Macinko, who does not give his consent for the application. On November 7, 2016, the Historic Preservation Board reviewed the landmark nomination and found 5 buildings and the sign located at 200 W. Baseline address the following: 1. Physical integrity criteria for designation (Lafayette Municipal Code Section 47-17(a)(1)a.2.), 2. Architectural, social/historic, and geographic criteria for designation, and cited Lafayette Municipal Code Sections 47-17(a)(2)a.6, a.7, b.2, and c.2, and 3. The board found the structures to have overwhelming historic importance to the entire community. Historic survey’s have been conducted on the property and are included as an attachment. Additionally, a link to the third-party nomination application, which includes Ms. Uhland’s research on the property, is provided as a link below. Physical Integrity – The 5 identified buildings and sign are character-defining which qualifies the property as an example of early automobile culture along the Lincoln Highway in Lafayette, and are in their original location. Architecture – The Historic Preservation Board found that Section 47-17(a)(2)a.6 and a.7 have been met. The five buildings and sign represent the history of Lafayette as a growing, changing, autocentric community. Social/History – Ms. Uhland’s research includes a statement of the purpose of nominating 200 W. Baseline as a local landmark, research history, and previous survey information. The Historic Preservation Board agreed that Section 47-17(a)(2)b.2 has been met. Geographic – The property is located along Baseline Rd./State Highway 7. These structures are an established and familiar natural setting or visual feature of the community. The Historic Preservation Board agreed that Section 47-17(a)(2)c.2 has been met. The Historic Preservation Board made a motion that the physical integrity and historical significance criteria via architecture, social/history, and geographic elements per Lafayette Municipal Code Section 47-17 have been met, and that the structures on the property are of overwhelming historical significance to the community.

Ordinance No. 43, Series 2016 has been prepared to designate 200 W. Baseline Rd. as a local historic landmark. Fiscal Impact: Staff is not aware of any fiscal impacts with regard to the designation of the five buildings and sign as a local landmark. Attachments: Ordinance No. 43, Series 2016 Lafayette Registration of Historic Places Nomination for 200 W. Baseline Property Owner’s Letter Not Granting Consent Historic Preservation Board Draft Minutes Relevant Code Sections Historic Preservation Board Staff Report

LURA letter Additional comments from 3rd party applicant

ORDINANCE NO. 43, SERIES 2016 INTRODUCED BY: __________ ____________________________________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO DESIGNATING STRUCTURES AT 200 W. BASELINE ROAD., LAFAYETTE, COLORADO, AS A LOCAL HISTORIC LANDMARK. WHEREAS, on September 9, 2016, Vicky Uhland submitted a third-party nomination (the “Application”), to the City of Lafayette Historic Preservation Board (the “Board”) to designate certain Structures on the property at 200 W. Baseline Road, (the “Property”) as a local historic landmark; and WHEREAS, the Board reviewed the application on November 7, 2016 and determined over the Property owner’s stated and explicit objection, that five (5) buildings on the Property, and a sign on the Property including: Building #1 the original dwelling on attached map, Building #2 office/manager’s residence, Building #3 lodging, Building #4 cabin #1, Building #5 cabin #2, and the Sign (“Structures”) eligible for historic landmark designation and specifically found the Structures were of overwhelming historic importance to the entire community under Chapter 47 of the Code of Ordinances of the City of Lafayette, Colorado; and WHEREAS, the Board has issued a local register of historic properties evaluation finding significance for the Structures, as such Structures are described herein, and has communicated the matter to the City Council for enactment of a designation ordinance pursuant to Chapter 47 of the Code of Ordinances of the City of Lafayette, Colorado; and WHEREAS, City Council conducted a public hearing on the nomination on December 6, 2016, in accordance with, and following notice requirement of, Section 47-7(d) of the Lafayette Code of Ordinances; and WHEREAS, Considering the information presented at the hearing before City Council, as well as the recommendation of the Board, the City Council makes the following findings that justify the designation of the Structures as a historic landmark: 1.

That the Structures meet the Physical Integrity criteria for designation: 1. Shows character, interest, or value as part of the development, heritage, or cultural characteristics of the community, region, state, or nation; 3. Is in its original location or has the same historic context after having been moved;

2.

That the Structures meet the Historical Significance criteria for designation, including Architectural, Social/Historic, and Geographic/Environmental elements: a) Architectural criteria 6. Represents the built environment of a group of people in an era of history; 7. Demonstrates a pattern or grouping of elements representing at least one (1) of the above criteria; b) Social/historic criteria 2. Exemplifies cultural, economic or social heritage of the community; c) Geographic/environmental criteria 1

2. Provides an established and familiar natural setting or visual feature of the community; 3.

The Structures have “overwhelming historical importance”, as that phrase is defined in Section 47-2 of the Lafayette Code of ordinances as the Structures: a) Possess such unusual or uncommon significance that any structure's potential demolition or major alteration would diminish the character and sense of place in the city; or b) Possess superior or outstanding examples of the architecture, social or geographic historic significance criteria outlined in the standards and criteria set forth in this chapter. The term "superior" shall mean excellence of its kind and the term "outstanding" shall mean marked by eminence and distinction.

WHEREAS, based upon the foregoing findings, the Structures should be designated as an historic landmark. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO, AS FOLLOWS: SECTION 1. That the above described Structures on the following described property are hereby designated as Historic Landmarks pursuant to the provisions of Chapter 47 of the Code of Ordinances of the City of Lafayette, Colorado: Lots 5, 6, 7, and 8, Blk 2, Highland Addition SECTION 2. This ordinance, when effective, shall be recorded with the Boulder County Clerk and Recorder. SECTION 3. If any article, section, paragraph, sentence, clause or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. SECTION 4. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof is hereby repealed to the extent of such inconsistency or conflict. SECTION 5. The repeal or modification of any provision of the Code of Ordinances of Lafayette, Colorado by this ordinance shall not release, extinguish, alter, modify or change in whole or in part any penalty, forfeiture or liability, either civil or criminal, which shall have been incurred under such provision. Each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions for enforcement of the penalty, forfeiture or liability, as well as for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered or made in such actions, suits, proceedings or prosecutions. SECTION 6. This ordinance is deemed necessary for the protection of the health, welfare and safety of the community. 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. 2

INTRODUCED, PASSED ON FIRST READING AND PUBLIC NOTICE ORDERED THIS______ DAY OF _______________, 2016. PASSED ON SECOND AND FINAL READING AND PUBLIC NOTICE ORDERED THIS ____ DAY OF ________________, 2016.

ATTEST:

CITY OF LAFAYETTE, COLORADO

Susan Koster City Clerk

Christine Berg, Mayor

APPROVED AS TO FORM:

David Williamson, City Attorney

3

ORDINANCE NO. 34, Series 2016 INTRODUCED BY: COUNCILOR ALEXANDRA LYNCH AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO, AMENDING SECTION 30-405 OF THE CODE OF ORDINANCES OF THE CITY OF LAFAYETTE PERTAINING TO WAIVER OF FEES AND EXEMPTION FROM USE TAX FOR NEW MIXED-USE (APARTMENT/COMMERCIAL) FACILITY

WHEREAS, Lafayette’s Code of Ordinances includes authorization for City Council to waive certain fees under certain circumstances that are otherwise required in conjunction with new commercial, manufacturing or affordable housing developments, as a means to encourage such development; and WHEREAS, there are “in-fill’ areas within the city that are appropriate for multi-family/mixed unit development, but which are difficult to develop as a result of various existing factors, such as undermining that renders the use of portions of the property unsuitable for structures; and WHEREAS, when appropriate, City Council believes that the waiver of certain fees would provide the necessary encouragement to accommodate such in-fill development; and WHEREAS, City Council wishes to amend section 30-405 of the Lafayette Code of Ordinance to expand the discretionary authority to offer the waiver of certain development fees to multifamily/mixed use projects if Council believes such would serve the interests of the City.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO, AS FOLLOWS: 1 Section 1. Section 30-405, “Waiver of fees and exemption from use tax for new manufacturing and commercial facilities,” of the Code of Ordinances of Lafayette, Colorado, is amended as follows: (a) The payment of any building permit fee, service expansion fee pursuant to Code sections 301 through 30-5, and plan check fee may be waived by the city council in whole or part, and an exemption from the city use tax established in Code sections 110-146 through 110-151 may be granted by the city council in whole or part and by ordinance, upon the following conditions: (1) That the city council finds that the project for which the fees are waived and/or a use tax exemption is provided is a "new manufacturing facility," "new commercial facility," or “new mixed-use (apartment/commercial) facility,” as such terms are defined herein; and (2) That the city council finds that the project is unique and/or necessary for the economic development of the city; and 1

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

Ordinance No. 34-2016 Ordinance Amending Waiver of Fees from Use Tax for New Manufacturing and Commercial Facilities Page |2

(3) That the city council finds that the location of the real property to be developed and the proposed development project is in the best interests of the citizens of the city; and (4) That the city council finds that benefits to the city, including but not limited to the creation of a significant number of new jobs and a significant increase in tax revenues, are likely to result from the construction and use of the project, and further, that such benefits to the city clearly outweigh any burden to the city that may result from the loss of fee and tax revenue due to the fee waiver and use tax exemption provided for herein. (b) Nothing herein shall be construed as providing any person or entity with any right to request, apply for or obtain any fee waiver or use tax exemption described herein, it being the intent of the city that this section is adopted solely for the purposes of authorizing the fee waivers and use tax exemption described herein and guiding the exercise of legislative discretion by the city council in considering the fee waivers and use tax exemption described herein. (c) For the purposes of this section and section 30-406 of this Code, the following definitions apply: (1) New manufacturing facility shall mean a new facility used to transform raw or finished materials by hand or machinery, and through human skill and knowledge, into something possessing a new nature and name, and adapted to a new use; (2) New commercial facility shall mean a new facility used as an establishment for the sale of goods or services for profit; and (3) New mixed-use (apartment/commercial) facility shall mean a new facility, which may include more than one structure, used for multi-family residential rental units, and which includes as a component of the project, facilities for the rental and sale of goods or services for profit. (4) New facility shall mean a facility not in existence in the city at the time of the fee waiver or use tax exemption and shall not be construed to mean an alteration, expansion or relocation of a manufacturing, or commercial facility or mixed-use (apartment/commercial) facility existing in the city at the time of the fee waiver or use tax exemption. Section 2. 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 3. 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 2

Ordinance No. 34-2016 Ordinance Amending Waiver of Fees from Use Tax for New Manufacturing and Commercial Facilities Page |3

judgment, decree or order which can or may be rendered, entered or made in such actions, suits, proceedings or prosecutions. Section 4. This ordinance is deemed necessary for the protection of the health, welfare and safety of the community. Section 5. Violations of this ordinance shall be punishable in accordance with Section 1-10 of the Municipal Code of the City of Lafayette, Colorado. 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 THE 4TH DAY OF OCTOBER, 2016. PASSED ON SECOND AND FINAL READING AND PUBLIC NOTICE ORDERED THE ________ DAY OF ______________________ 2016. CITY OF LAFAYETTE, COLORADO

____________________________________ Christine Berg, Mayor

ATTEST:

APPROVED AS TO FORM:

__________________________________ Susan Koster, CMC City Clerk

____________________________________ David S. Williamson, City Attorney

3

STAFF REPORT To: From: Date: Subject:

Gary Klaphake, City Administrator Steve McFarland, Finance Director November15, 2016 Supplemental Appropriation to 2016 Budget Ordinance 40, Series 2016

Overview: During a fiscal year, municipalities are often faced with challenges and/or opportunities that require an appropriation to various Funds within the current year’s budget. State budget law prohibits a municipality from exceeding initially appropriated expenditures, even if a new revenue source is identified. Thus, most municipalities amend a budget twice during a year: once with carry-forwards from the from the prior year, and once towards the end of the year when most of the year’s activities have materialized. Lafayette is no exception. Attached please find the proposed amendments to the 2016 Budget, along with explanations. Exhibit A Exhibit A is the attachment to the Budget Ordinance that explains the proposed changes to the 2016 Budget. For reference, Exhibit A lists the project revenues, expenses and fund balances for the various Funds in the 2016 Budget. The columns represent the various Ordinances and Resolutions that have been approved / requested since late 2015, to yield the “2016 Final Budget” column. The greyed expenditures in the “2016 Final Budget” column is the new requested expenditure appropriations for the 2016 Amended Budget. Bear in mind that the original 2016 Budget was created in September/October 2015, over a year ago, and revenue and expenditure changes are a normal course of events over that amount of time. The Budget modifications / appropriations listed below allow Lafayette to report a more accurate expenditure forecast in accordance with State Budget law, and allow solid protection of fund balance in each Fund through the remainder of 2016. Significant events that have occurred during 2016 resulting in proposed 2016 Budget changes: General Fund – While total estimated revenues have changed less than 0.5%, the change in the “mix” has a more profound affect in other Funds. Property, sales and marijuana taxes are having record years, while revenues from development projects and court fines are lagging. The lagging development 1290 S. Public Road  Lafayette, Colorado 80026 303-665-5588  cityoflafayette.com

revenues are a matter of timing – projects identified when the Budget was created in late 2015 have not yet begun. On the expense side, legal and accounting fees were higher than were forecasted. The largest expense increase involves a $325,000 increase to trash/disposal fees. Trash/disposal/compost fees and costs are a “wash” – a pass-through. When the budget was created, these revenues were accurately forecasted, but expenses were not. This is not a new expense – rather a move to correctly report existing trash-related expenses. Debt Service Fund – With the bond sale closing the week of this memo, it now becomes necessary to significantly restate the revenues and expenses in the Debt Service Fund. The new appropriation will recognize the monies coming into the Fund to pay off the 1998 and 2005 bonds. This will save taxpayers over $400,000 on the life of those bonds. The remainder of the bond sale appears in the Capital Fund. Fire & Ambulance Fund – The F&A Fund will exceed the original Budget in the areas of overtime (payroll) and final costs on equipment purchases. The additional expenses will be more than offset by a record year in property tax collections. POST Open Space Fund – The POST Fund is reporting a reduction in expenses to maintain a healthy fund balance. Transfers of $150,000 to the Capital Fund for future projects were eliminated for 2016. Conservation Trust Fund – Increased costs to the BBRC LED lighting project resulted in an overall increased level of expenditures. Capital Fund – The large increases in both revenues and expenditures reflect the portion of the bond sale dedicated to the $5,520,000 LaMont Does Water Park project. The net difference between the restated revenues and expenditures ($150,000 revenue shortfall) is the elimination of the 2016 transfer from the POST Open Space Fund. Water, Water Reclamation, Storm Water Funds – The lack of anticipated development fees in the General Fund were compensated by large increases in sales and property taxes. The “wet” funds do not have that kind of backup revenue, and each Fund is forced to restate revenues at a significantly lower level. Fortunately, the Water and Water Reclamation Funds have very healthy fund balances and can handle waiting until the future for anticipated development projects to occur. The Storm Water Fund is less fortunate. The combination of a low fund balance coming into 2016, coupled with low development fees and the Affinity project ($300,000) have necessitated a loan of $525,000 from the Water Fund. The Water Fund can comfortably afford providing the loan, which will be paid back over the next two years (2017-18). Employee Benefits Fund – The Employee Benefits Fund has not been increased on either the revenue or expenditure sides to reflect the recent increases in costs. This appropriation with allow for the needed update.

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

Summary To repeat a portion of the above, the Budget modifications / appropriations listed above allow Lafayette to report a more accurate expenditure forecast in accordance with State Budget law, and allow solid protection of fund balance in each Fund through the remainder of 2016. Attachment: 2016 City Budget Exhibits: Ordinance 40, Series 2016 Exhibit A

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

ORDINANCE NO. 40, SERIES 2016 INTRODUCED BY: COUNCILOR AN ORDINANCE PROVIDING FOR ADDITIONAL APPROPRIATION DURING FISCAL YEAR 2016 FOR UNANTICIPATED 2016 REVENUES AND EXPENDITURES REQUIRED OF THE CITY OF LAFAYETTE, COLORADO WHEREAS, the City Administrator has determined that certain anticipated revenues for fiscal year 2016 will exceed the anticipated revenues as reflected in the Budget Appropriation Ordinance No. 35, Series 2015, and WHEREAS, the additional revenue consists of unencumbered appropriation balances in various City accounts, and WHEREAS, the City Council may, by ordinance, pursuant to the provisions of Chapter 8, Section 5, of the City Charter, increase or transfer unencumbered appropriation balances from one account, department, fund or agency to another or reduce appropriations as may be necessary to achieve a balanced budget, and WHEREAS, Exhibit “A” attached hereto is a statement of proposed 2016 budget re-appropriations, and WHEREAS, the City Council of the City of Lafayette, Colorado, deems it in the best interest of the City to transfer the unencumbered appropriations to accounts, departments, funds or agencies , as fully set forth in Exhibit “A”. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO, THAT: The transfers of unencumbered appropriation balances set forth in Exhibit “A” are hereby approved and the City Administrator is ordered to affect the necessary transfers to comply with this ordinance, and update beginning budget balances to actual for a more accurate statement of budget status. INTRODUCED, PASSED ON FIRST READING AND PUBLIC NOTICE ORDERED THIS 15th DAY OF NOVEMBER, 2016. PASSED ON SECOND AND FINAL READING AND PUBLIC NOTICE ORDERED THIS 6th DAY OF DECEMBER, 2016. ATTEST:

CITY OF LAFAYETTE, COLORADO

________________________________ Susan Koster, CMC City Clerk

________________________________ Mayor

APPROVED AS TO FORM: ___________________________ David S. Williamson, City Attorney

STAFF REPORT To: From:

Gary Klaphake, City Administrator Bradley S. Dallam, P.E., Water Resources and CIP Manager Tammy Tucker, Acting Director of Recreation Date: November 28, 2016 Subject: First Reading / Ordinance No. 44, Series 2016 / Authorizing the Grant of an Easement to Century Link for Underground Telecommunication Facilities Recommendation: Approval of Ordinance that allows City to grant an easement to Century Link for a telecommunication cable within the Lamont Does Waterpark. Background: During construction the contractor encountered a 900 pair phone line within the excavation of the lazy river pool. Century Link has proposed to bore a new carrier pipe approximately 14 feet deep with a new cable within the carrier pipe. This will be below all pool facilities and safe from damage. From research it is believed that the line was installed 43 years ago. The proposed easement will be 5 feet in width. The City Attorney’s office has reviewed the conditions and believes an easement can be granted by Ordinance. Fiscal impact: The city will grant the easement to Century Link at no cost to the utility. Attachments: Ordinance No. 44, Series 2016

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

ORDINANCE NO. 44 , Series 2016 INTRODUCED BY: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO, AUTHORIZING THE GRANT OF AN EASEMENT TO CENTURY LINK FOR UNDERGROUND TELECOMMUNICATION FACILITIES

WHEREAS, the City of Lafayette (“City”) is the owner of property on South Boulder Road commonly known as LaMont Does Park; and WHEREAS, the City is currently in the process of constructing a significant recreation aquatics facility in the LaMont Does Park (the “Project”); and WHEREAS, during excavation activities for the Project, the City unearthed a telecommunications line consisting of an approximately 900 pair cable that is owned and utilized by CenturyLink in conjunction with the provision of telecommunications services to its customers in Lafayette; and WHEREAS, neither the City nor Century Link is aware of a written recorded easement associated with the location of the telecommunications line in LaMont Does Park, although Century Link asserts that the telecommunications line has been in existence for in excess of 40 years, which predates the City’s ownership of a portion of LaMont Does Park; and WHEREAS, it is necessary to relocate Century Link’s telecommunications line in order to move forward with the Project; and WHEREAS, Century Link has agreed that it will bear the cost of such relocation and will relinquish any claim that it may have to the City’s property at LaMont Does Park by reason of the existing telecommunications lines; and WHEREAS, City Council is willing to authorize an easement to Century Link under a portion of the LaMont Does property in an area that will not interfere with the Project or the City’s use of the park; and WHEREAS, Section 12.1 of the Charter allows the grant of utility easements in park property without reference to the electorate; and WHEREAS, City Council believes that the granting of such an easement under circumstances that will clarify the rights of both the City and Century Link will be in the best interests of the citizens of Lafayette and wishes to authorize such an easement. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO, AS FOLLOWS: Section 1. A grant of a five foot wide easement for underground telecommunications lines to Century Link under that portion of the City’s LaMont Does Park generally depicted in Exhibit A attached hereto, is authorized. A centerline legal description shall be generated based upon the actual “as-built” location of the new line, as approved by the City Engineer, with such legal

Ordinance No. 44-2016 – Century Link Utility Easement

description being utilized in the final easement document. The form of the easement shall be approved by the City Attorney’s Office and shall include provisions for relinquishment of any claimed easement rights Century Link may assert by reason of the location of its existing facilities in the LaMont Does Park. The Mayor is authorized to execute and acknowledge such easement on behalf of the City. 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. 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 THE _______ DAY OF ___________, 2016. PASSED ON SECOND AND FINAL READING AND PUBLIC NOTICE ORDERED THE ________ DAY OF ______________________ 2016. CITY OF LAFAYETTE, COLORADO ____________________________________ Christine Berg, Mayor ATTEST:

APPROVED AS TO FORM:

__________________________________ Susan Koster, CMC, City Clerk

____________________________________ David S. Williamson, City Attorney 2

To:

Gary Klaphake, City Administrator

From:

Paul Rayl, Planning Manager

Date:

November 30, 2016

Subject:

Lafayette Tech Center Filing No. 3, Replat K / Clinica Family Health 1. First Reading Ordinance 45, Series 2016 / Vacation of Utility Easements 2. Minor Subdivision / Acceptance of Easements

Recommendation: 1. Approval on First Reading of Ordinance No. 45, Series 2016 vacating utility easements subject to recording of the Lafayette Tech Center Filing No. 3, Replat K Minor Subdivision dedicating new easements to replace those being vacated. 2. Approval of the Lafayette Tech Center Filing No. 3, Replat K Minor Subdivision and acceptance of new utility easements subject to vacation of the private ingress/egress easement on Lot 9 and recording of the Minor Subdivision by January 31, 2017. Background: On August 16, 2016, the City Council approved the Site Plan/Architectural Review application for the new Clinica Family Health facility to be located in the Lafayette Tech Center adjacent to Public Road. The final step in the approval process in order to allow the project to move forward is the vacation of a utility easement and approval of a minor subdivision dedicating new easements to replace those being vacated. The Planning Commission recommended approval of the utility easement vacation and minor subdivision to the City Council at their June 29th meeting. Easement Vacation: The utility easements to be vacated are part of Lafayette Tech Center Filing No. 3. Section 26-14-20 (c) of the Municipal Code identifies the findings that are applicable to all vacation requests. Finding No. 2 of Section 26-14-20 (c) is applicable to this request in that the land to be vacated is no longer necessary for the public use and convenience as replacement easements will be dedicated with the recording of Lafayette Tech Center Filing No. 3, Replat K. Planning Commission found that the vacation request is in compliance with Section 26-14-20(c). Ordinance No. 45, Series 2016 vacating the utility easements has been created for City Council consideration. Staff recommends approval of Ordinance No. 45, Series 2016 subject to the recording of Lafayette Tech Center Filing No. 3, Replat K. Minor Subdivision: The approved Clinica site plan includes development on a single lot to be created with recording of this minor subdivision where 3 lots exist today. This minor subdivision will create the single lot to accommodate the Clinica development and also includes new easements to replace those proposed to be vacated. Currently there is a private ingress/egress easement providing access to the lots. The property owner will need to coordinate vacation of this private easement with the owner of Lots 7 and 8, Amended Final Plat Lafayette Tech Center Filing No. 3. Staff recommends approval of the minor subdivision by the City Council subject to the recommended condition, finding

that the minor subdivision meets the requirements of Section 26-17-7 of the Municipal Code and that the easement dedication is necessary for the development of the property. Fiscal Impact: None Attachments: Link to Planning Commission staff report dated June 21, 2016; Ordinance No. 45, Series 2016

Lafayette Tech Center Filing No. 3, Replat K

2|P a g e

Site Plan/Architectural Review/Minor Subdivision, Vacation, SUR

ORDINANCE NO. 45, SERIES 2016 INTRODUCED BY: AN ORDINANCE VACATING A PORTION OF A 30’ WIDE UTILITY EASEMENT, AND A 15’ WIDE UTILITY EASEMENT ON LOT 9 LAFAYETTE TECH CENTER FILING NO. 3 WHEREAS, On June 29, 2016, the Planning Commission recommended approval of a request to vacate 2 utility easements within Lafayette Tech Center Filing No. 3; and WHEREAS, the minor subdivision for Lafayette Tech Center Filing No. 3, Replat K included new utility easements to replace those proposed to be vacated; and WHEREAS, the utility easements to be vacated are no longer needed with approval of the site plan and dedication of new utility easements for development of the site, and that the approved building location would be directly on top of a portion of the utility easement; and WHEREAS, the utility easements in their current configuration will no longer be needed with the dedication of new utility easements as depicted on Lafayette Tech Center Filing No. 3, Replat K; NOW, THEREFORE, THE CITY OF LAFAYETTE ORDAINS: Section 1. The easements, as depicted and described in Exhibit A, shall be, and are hereby vacated, contingent upon: a) The acceptance of new utility easements by the City Council; and b) Recording of Lafayette Tech Center Filing No. 3, Replat K Section 2. The Council finds that the easements to be vacated are 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 satisfaction of every condition in Section 1 above, the City Clerk is directed to record a certified copy of this ordinance with the Boulder County Clerk and Recorder’s office, such recordation indicating the effectiveness of the vacation herein authorized. Section 5. 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. 45, Series 2016 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 _______________, 2016. 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 PUBLISHED: Colorado Hometown News

Exhibit A

City of Lafayette Ordinance No. 45, Series 2016 Page 3

30’ Utility Easement

City of Lafayette Ordinance No. 45, Series 2016 Page 4

TO:

STAFF REPORT Gary Klaphake, City Administrator

FROM:

Roger Caruso, Economic Development Specialist

DATE:

December 1, 2016

SUBJECT:

First Reading / Ordinance No. 46, Series 2016 / Authorizing the Conveyance of City-owned

Solar Panel Parcel to Lafayette South Public Investors, LLC / Lafayette City Center Recommendation: Approval of Ordinance No. 46, Series 2016 / Authorizing the Conveyance of City-owned Solar Panel Parcel to Lafayette South Public Investors, LLC / Lafayette City Center Background: Staff has been working with the property owner/developer of the City Center project, which is the vacant land located around city hall. The City Center project, as approved, includes approximately 18,856 s.f. of commercial space and approximately 214,401 s.f. of residential space. It includes first-floor commercial along Public Rd., a total of 8 buildings (with 196 apartments), 12 townhomes, and a pool house/club house. City Center received sketch plan approval from Planning Commission on February 24, 2015 in a 5-0 vote. Planning Commission subsequently heard the preliminary plan on August 26, 2015 and approved it in a 5-0 vote. Council appealed the Planning Commission’s preliminary plan decision and heard the plan on October 6, 2016. In a vote of 7-0, City Council approved the preliminary plan with no changes. City Council approved the final plan on April 19, 2016 in a 6-0 vote. The sketch, preliminary, and final plan anticipated the city hall lot and the City Center project lot would be reconfigured with .723 acres of the city hall lot being replatted into the City Center project lot. Ordinance No. 46, Series 2016 authorizes the conveyance of .723 acres of land as shown in Exhibit A of Ordinance No. 46, Series 2016. The future conveyance will allow City Center to install shared drive aisles and parking spaces, and to construct Building C out of the undermining area of Lot 1. Fiscal Impact: There are no budgetary impacts of the replatting. Attachments: Ordinance No. 46, Series 2016

ORDINANCE NO. 46, Series 2017 INTRODUCED BY: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO, CONDITIONALLY AUTHORIZING THE CONVEYANCE OF REAL PROPERTY TO LAFAYETTE SOUTH PUBLIC INVESTMENTS, LLC, IN CONJUNCTION WITH THE LAFAYETTE CITY CENTER PROJECT

WHEREAS, Lafayette is the owner of Lot 2, Block 2, Lafayette City Center Subdivision in Lafayette, Colorado, (“Existing Lot 2”) upon which City Hall, a photovoltaic solar array system, and parking facilities are located; and WHEREAS, on April 19, 2016, City Council conditionally approved the “Final Plan/PUD, Lafayette City Center Subdivision” (“Final Plan”), and an associated final subdivision plat (“Replat B”), which Final Plan contemplated the reconfiguration of Existing Lot 2, in conjunction with a proposed multi-family and commercial development project known as “Lafayette City Center”; and WHEREAS, the Final Plan, if implemented and recorded, will result in reconfiguring the parcel upon which City Hall is located, with the parcel being designated as Lot 1 of Replat B; and WHEREAS, in order to implement the Final Plan and the Lafayette City Center project, it will be necessary for the City to convey that portion of Existing Lot 2 that is not within Lot 1 of Replat B; and WHEREAS, City Council wishes to authorize the conveyance of that portion of existing Lot 2 that is not within Lot 1 of Replat B, subject to approval of an agreement between the City and Lafayette South Public Investments, LLC, addressing the terms and conditions of such conveyance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO, AS FOLLOWS: Section 1. Upon (i) approval and execution of an agreement between the City and Lafayette South Public Investments, LLC, which agreement may be approved by City Council resolution; and (ii) the recordation of Replat B, the conveyance of that portion of Existing Lot 2 that is owned by the City of Lafayette and not within the boundaries of Lot 1 of Replat B, as depicted and described in Exhibit A attached hereto, is approved and authorized. The Mayor and City Administrator are authorized to execute all documents as are necessary to carry out such conveyance upon fulfillment of conditions as above stated. 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

Ordinance No. 46-2016 – Conveyance regarding Lafayette City Center Project

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. 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 THE _______ DAY OF ___________, 2016. 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

2

STAFF REPORT To: Honorable Mayor Berg and City Council From: Gary Klaphake, City Administrator Date: November 30, 2016 Subject: Resolution No. 2016-91 /2017 Employee Classification and Compensation Schedule and Fire Fighters IAFF Local 4620 Agreement Recommendation: Council Motion approving Resolution No. 2016-91 to 1. Approve City of Lafayette 2017 Pay Plan as described below. 2. Approve a three year contract by and between the City of Lafayette and IAFF Local 4620 (Union) for 2017, 2018 and 2019.

Background: The City of Lafayette's 2017 Budget includes a Pay Plan of a 3.5% increase for all employees based on a performance review rating of "Acceptable" or better. An additional 2.5% was budgeted to address pay inequities and compression of certain positions. In addition, funds were budgeted to adjust salaries of employees of the Fire Dept. based on our comparable Cities and Districts, excluding the Fire Chief, Battalion Chiefs and clerical personnel. While negotiating with the Union we determined that the full time Fire Dept. salaries were low as compared to our comparable cities. Thus the need for comprehensive market adjustments. In the past we have done similar individualized market adjustments for other departments. The new Fire Union agreement/IAFF Local 4620 calls for an 8% adjustment in 2017, 2% in 2018 and 2% in 2019. Fiscal Impact: 2016 Full time employee base $11,808,662. 2016 Part time employee base $1,955,520. 2017 Proposed Full time employee base $12,553,144., up 6.30% or $744,482. 2017 Proposed Part time employee base $2,105,431., up 7.67% or $149,911. largely due to increase in minimum wage. 2017 Fire contract increase costs of $127,315 are included in the 2017 full time base stated above. 2017 Benefit costs are stable except Health Insurance which is projected to increase 14.8%. Attachment: Resolution No. 2016-91 Contract by and between City of Lafayette and IAFF Local 4620

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

CITY OF LAFAYETTE RESOLUTION NO. 2016-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO, APPROVING THE CITY OF LAFAYETTE 2017 PAY PLAN AND A THREE-YEAR COLLECTIVE BARGAINING AGREEMENT WITH THE CITY’S FIREFIGHTERS WHEREAS, the City of Lafayette’s 2017 Budget includes provisions for a 3.5% increase in the pay of the City’s employees, as well as 2.5% to address pay inequities and compression of certain positions; and WHEREAS, pursuant to Ordinance No. 25, Series 2016, the City Administrator has negotiated a “Collective Bargaining Agreement” with International Association of Firefighters, Local 4620, which, among other things, addresses compensation of the City’s firefighters; and WHEREAS, the City Administrator has presented to City Council the “City of Lafayette 2017 Employee Classification and Compensation Schedule,” which, in concert with the Collective Bargaining Agreement, addresses pay for the City’s employees for calendar year 2017; and WHEREAS, City Council wishes to approve and authorize the City of Lafayette 2017 Employee Classification and Compensation Schedule, as well as the Collective Bargaining Agreement between the International Association of Firefighters, Local 4620, and the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lafayette, Colorado, as follows: The “2017 Employee Classification and Compensation Schedule” as presented to the City Council by the City Administrator, and the “Collective Bargaining Agreement Between the International Association of Firefighters, Local 4620,” are approved. The Mayor and the City Administrator are authorized to execute the Collective Bargaining Agreement on behalf of the City. RESOLVED AND PASSED THIS 6TH DAY OF DECEMBER, 2016.

CITY OF LAFAYETTE, COLORADO ATTEST: _______________________ Susan Koster, CMC, City Clerk

APPROVED AS TO FORM:

__________________________________ David S. Williamson, City Attorney

_________________________________ Christine Berg, Mayor

STAFF REPORT To: From: Date: Subject:

Gary Klaphake, City Administrator Doug Short, Public Works Director November 18, 2016 Resolution No. 2016-92 / Authorizing Intergovernmental Agreement with Boulder County / Roadway Design Construction-Financing Agreement

Recommendation: Approval of Resolution No. 2016-92 and commitment to fund South Boulder Road Improvements in Fiscal Years 2018 and 2019. Background: At the August 2nd Council meeting Resolution No. 2016-54 was passed unanimously supporting the joint Boulder County/Lafayette Transportation Alternative Program (TAP) grant application for the South Boulder Road Multimodal Corridor Improvement Project (Project). We had previously received a Transportation Improvement Program (TIP) grant in 2014 for $999,000 for the ten foot wide multi-use path along the Project. The TAP application was for $1.6M for the rest of the multimodal portion of the project: bike lanes, additional sidewalks, pedestrian crossings and connection to the BNSF trail. We were again fortunate that we were awarded the TAP grant from CDOT but at a $1.2M level instead of the requested $1.6M. Boulder County Transportation staff and I developed an IGA that outlines how we will cost share on the construction of this estimated $7.4M Project. The $400,000 short fall will be valued engineered out of the project on components that can be easily added later plus increase financial participation by Boulder County and Lafayette. With the approval of this IGA, Lafayette is committing to fund the Project in the following amounts: • FY2017 $180,000 for Final Design (This is in the 2017 budget) • FY2018 $470,000 for additional ROW acquisition. • FY2019 $2.5M for construction/construction management costs The FY 2018 and 2019 cost are the best estimates we can provide at this time and may be adjusted. Fiscal impact: Budget impact is shown above and 2017 funds have been requested in 2017 budget. Attachments: Resolution No. 2016-92 and the Boulder County/Lafayette IGA.

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

CITY OF LAFAYETTE RESOLUTION NO. 2016-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO, APPROVING THE AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF LAFAYETTE AND COUNTY OF BOULDER REGARDING ROADWAY DESIGN AND CONSTRUCTION/FINANCING AGREEMENT BOULDER COUNTY TRANSPORTATION CAPITAL IMPROVEMENT PLAN WHEREAS, on October 30, 2012, the City of Lafayette (“City”) entered into an intergovernmental agreement with Boulder County to develop the South Boulder Road/120th Street Master Plan (“Master Plan”), which included three projects: widening of South Boulder Road from LaMont Does Park to the eastern edge of 120th Street, replacement of the 120th Street Bridge at Coal Creek, and the widening of 120th Avenue to the northern edges of Vista Business Park; and WHEREAS, the parties amended the agreement three times as to its scope of work and financing; and WHEREAS, the parties now desire to make substantive changes to the agreement regarding the scope of work and the parties’ financial obligations and duties; and WHEREAS, the parties, therefore, desire to terminate the original agreement, and all of its subsequent amendments, in their entirety and enter into a new agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lafayette, Colorado as follows: 1. The Intergovernmental Agreement between the City of Lafayette and the County of Boulder Regarding Roadway Design and Construction/Financing Agreement Boulder County Transportation Capital Improvement Plan is approved in substantially the same form as the copy attached hereto and made a part of this resolution and the Mayor is authorized to execute the Agreement on behalf of the City. 2. The prior Intergovernmental Agreement between the City of Lafayette and the County of Boulder Regarding Roadway Design and Construction/Financing Agreement Boulder County Transportation Capital Improvement Plan and the three amendments thereof are repealed in their entirety. RESOLVED AND PASSED THIS 6TH DAY OF DECEMBER, 2016. CITY OF LAFAYETTE, COLORADO ATTEST: _______________________ Susan Koster, CMC City Clerk

_________________________________ Christine Berg, Mayor APPROVED AS TO FORM: __________________________________ David S. Williamson, City Attorney

DocuSign Envelope ID: 5B1999E0-4FA3-4D68-9904-0D19A584DB74

INTERGOVERNMENTAL AGREEMENT Roadway Design and Construction/Financing Agreement Boulder County Transportation Capital Improvement Plan This Intergovernmental Agreement by and between the City of Lafayette, a Colorado home rule municipal corporation (hereinafter referred to as the “City”) and the County of Boulder, a body politic and corporate of the State of Colorado (hereinafter referred to as the “County”), (collectively the "Parties") is made to be effective on the ____ day of _______________, 2016. WITNESSETH: WHEREAS, the functions described in this Agreement are lawfully authorized to each of the Parties which perform such functions hereunder, as provided in article 20 of title 29; part 1 of article 28 of title 30; §31-12-101, et seq.; parts 2 and 3 of article 23 of title 31; C.R.S., as amended; and WHEREAS, §29-1-201, et seq., C.R.S., as amended, authorizes the Parties to cooperate and contract with one another with respect to functions lawfully authorized to each of the Parties and the people of the State of Colorado have encouraged such cooperation and contracting through the adoption of Colorado Constitution, Article XIV, §18 (2); and WHEREAS, the Parties have each followed the procedure required for each to enter into this Agreement; and WHEREAS, the 0.10% County-wide sales tax approved by the voters of Boulder County on November 4, 2007 provided for the design and construction of the widening of South Boulder Road including the replacement of the 120th Street Bridge at Coal Creek, hereinafter referred to as the “South Boulder Road Improvements”; and WHEREAS, the City of Lafayette has requested and the Board of County Commissioners approved the addition of the 111th Street Improvements to the list of eligible projects for the 2007 Countywide Sales Tax; and WHEREAS, the County requested and was granted the addition of the replacement of the 120th Street Bridge at Coal Creek, herein referred to as the “Bridge Replacement”, to the Urban Drainage and Flood Control (UDFCD) Capital Improvement program for 2013 through 2015; and WHEREAS, the City and the County have entered into a previous IGA and approved three subsequent amendments to the IGA regarding the Boulder County Transportation Improvement Plan. NOW THEREFORE, in consideration of the above and the mutual covenants and commitments made herein, the Parties agree as follows:

DocuSign Envelope ID: 5B1999E0-4FA3-4D68-9904-0D19A584DB74

A.

PROJECT SCOPE, DESCRIPTION AND RESPONSIBILITIES. 1. The City and the County agree that this Intergovernmental Agreement supersedes the prior Boulder County Transportation Capital Improvement Plan intergovernmental agreement and all amendments thereto, which are hereby terminated in their entirety. 2. Boulder County agrees to reimburse the City for 50 percent of construction costs exclusive of any grants or funding partnerships, up to $250,000, for the 111th Street improvements. The City shall incur all expenses with the County reimbursing 50 percent upon project completion on or before December 31, 2020. 3. The City, in partnership with the County and other stakeholders, will develop a “South Boulder Road / 120th Street Master Plan” to encompass three projects: 1) the widening of South Boulder Road from LaMont Does Park to the eastern edge of 120th Street, including intersection improvements; 2) the replacement of the 120th Street Bridge at Coal Creek; and 3) the widening of 120th from Emma Street to the northern edge of Vista Business Park. 4. Cost of the Master Plan will be split between the City and County 50/50 up to a total cost of $260,000. The City shall incur all expenses with the County funding 50 percent of costs up to $130,000, no later than December 31, 2016. 5. Once the Master Plan is complete, the City and the County agree to pursue final design and construction of one or more segments of the master plan recommendations. 6. The County agrees to contract with a consultant for the Final Design of the South Boulder Road widening project and to invoice the City for one-half of design costs not to exceed $360,000. The County will send the first invoice in January 2017 and subsequent invoices on a monthly basis until the final design is complete. 7. The City agrees to pay all invoices within 30 days of receipt and to review all design drawings, submit comments, and attend design update meetings as needed. 8. The City will contract separately for any and all right-of-way acquisition needs for the project and will acquire the needed right-of-way at its sole expense. 9. The City will request bids for construction of the South Boulder Road widening project, inspect and manage the project, handle all contracting and reimbursement requests to the state and federal agencies and invoice the County for its previously agreed upon one-half contribution of any non-reimbursed amount not to exceed $2.5 million. Construction is anticipated to begin on or before July 1, 2019 and be completed by December 31, 2021. 10. The City, with the County’s cooperation and consent, will annex the remaining rightof-way of 120th Street from West Emma Street to Coal Creek.

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DocuSign Envelope ID: 5B1999E0-4FA3-4D68-9904-0D19A584DB74

11. The City agrees to retain ownership and maintenance of any improvements to come out of this agreement. B.

ENTIRE AGREEMENT; AMENDMENTS. This Agreement contains the entire agreement between the Parties. It may be amended only by written agreement approved by both parties.

C.

SEVERABILITY. If any portion of this Agreement is held by a court in a final, non-appealable decision to be invalid or unenforceable as to any Party, the entire Agreement shall be terminated, it being the understanding and intent of the Parties that every portion of the Agreement is essential to and not severable from the remainder.

D.

NO JOINT VENTURE OR PARTNERSHIP. Nothing contained in this Agreement is intended to create a partnership or joint venture between the City and the County with respect to construction of the Bridge Replacement, and any implication to the contrary is hereby expressly disavowed. It is understood and agreed that this Agreement does not provide for the joint exercise by the parties of any activity, function or service, nor does it create a joint enterprise, nor does it authorize any party hereto to act as an agent of the other party hereto for any purpose whatsoever.

E.

NO THIRD-PARTY BENEFICIARIES. The parties, in their corporate and representative governmental capacities, are the only entities intended to be the beneficiaries of the Plan, and no other person or entity is so intended.

F.

ENFORCEMENT. Any one or more of the Parties may enforce this Agreement by any legal or equitable means including specific performance, declaratory and injunctive relief. No other person or entity shall have any right to enforce the provisions of this Agreement.

G.

GOVERNING LAW AND VENUE. The laws of the State of Colorado shall govern this Agreement and venue shall lie in the County of Boulder.

H.

PARTY REPRESENTATIVES; NOTICE. Referrals made under the terms of this Agreement shall be sent to the Parties' representatives listed below. Any required notices or referrals shall be in writing and shall be hand delivered or sent by facsimile transmission or United States mail, postage prepaid, to the addresses of the parties herein set forth. All notices by hand delivery shall be effective upon receipt. All facsimile transmissions shall be effective upon transmission receipt. All notices by mail shall be considered effective seventy-two (72) hours after deposit in the United States mail with the proper address as set forth below.

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DocuSign Envelope ID: 5B1999E0-4FA3-4D68-9904-0D19A584DB74

ENTITY: County of Boulder

REPRESENTATIVE: George Gerstle Director, Transportation Department P.O. Box 471 Boulder, CO 80306

City of Lafayette

Douglas Short, PE Director of Public Works 1290 S. Public Road Lafayette, CO 80026

Name or address changes for representatives shall be made in writing, mailed to the other representatives at the then current address. I.

HEADINGS. The paragraph headings in this Agreement shall not be used in the construction or interpretation hereof as they have no substantive effect and are for convenience only.

J.

PAYMENT SUBJECT TO APPROPRIATION. The provisions of paragraph A.1. of this Agreement notwithstanding, financial obligations of both the City and the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and/or otherwise made available. The Parties shall notify each other immediately of any action taken by their respective legislative bodies or manager or administrator concerning this proposal in future year appropriations, and shall notify the other of amounts appropriated or otherwise made available for the Improvements within 30 days of the start of the fiscal year for which such amounts are appropriated or otherwise available.

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DocuSign Envelope ID: 5B1999E0-4FA3-4D68-9904-0D19A584DB74

IN WITNESS WHEREOF, the parties have entered into this Agreement, to be effective on the date provided above. CITY OF LAFAYETTE

By:______________________________ Christine Berg, Mayor ATTEST: _________________________________ Susan Koster, City Clerk, CMC

Date:_____________________________

APPROVED AS TO FORM: _________________________________ David S. Williamson, City Attorney

[SEAL]

Date:_____________________________

BOARD OF COUNTY COMMISSIONERS COUNTY OF BOULDER, COLORADO

By:__________________________________ Elise Jones, Chair ATTEST: __________________________________ Clerk to the Board

G:\PROJECTS\South Boulder Rd at 120th Street\FUNDING AGREEMENTS\BOCC IGA Memo_Amendment 4_20160719.docx

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STAFF REPORT TO:

Gary Klaphake, City Administrator

FROM:

Roger Caruso, Economic Development Specialist

DATE:

December 1, 2016

SUBJECT:

Resolution No. 2016-93/Authorizing an Economic Development Agreement with Lafayette South Public Investors, LLC / Lafayette City Center

Recommendation: Approval of Resolution No. 2016-93 / Authorizing an Economic Development Agreement with Lafayette South Public Investors, LLC / Lafayette City Center Background: On October 4, 2016, City Council reviewed and approved Ordinance No. 34, Series 2016 on first reading. City Council asked the second reading of this ordinance be held until the anticipated economic development package could be presented concurrently. Ordinance No. 34, Series 2016 is a code amendment which would allow City Council the ability to enter into an economic development agreement for new mixed-use (apartment/commercial) projects. Specifically, the code will allow payment of any building permit fee, service expansion fee, and/or plan check fee, to be waived by City Council in whole or in part, upon four findings: 1) that the project is a new manufacturing or commercial facility; 2) that the project is unique or necessary for the economic development of the City; 3) that the location of the real property and the development project is in the best interests of the citizens of the City; or 4) that there are benefits to the City, including but not limited to a significant amount of new jobs, or significant increase in taxes, that will result from the project. As additional background information, City Center received sketch plan approval from Planning Commission on February 24, 2015 in a 5-0 vote. Planning Commission subsequently heard the preliminary plan on August 26, 2015 and approved it in a 5-0 vote. Council appealed the Planning Commission’s preliminary plan decision and heard the case on October 6, 2016. In a vote of 7-0, City Council approved the preliminary plan. City Council approved the final plan on April 19, 2016 in a 6-0 vote. Staff has been working with the property owner/developer of the City Center project, which is the vacant land around city hall. City Center has development issues which include a large undevelopable area due to subsidence (prior underground mining), the required relocation of the City’s solar panels to facilitate development at City Center, miscellaneous required public improvements, and the substantial and escalating construction costs. Staff has been in negotiations with the developers on an incentive package of waiving fees and rebating use tax collections to overcome these obstacles. After reviewing the developer’s financial information, staff finds the project has difficulty overcoming serious impediments to the site developing including both physical land concerns (subsidence) and financial issues in the broader multi-family construction market. The financial issues relate to continued escalating construction costs, land purchase costs, rent rates the market can support, and a retraction in the loan environment for multi-family construction projects in the Metro Denver area market. ) -

Staff recommends an economic development package which would waive/rebate up to a total of $1,030,000 for the Building Permit Fee, City Use Tax, and Plan Check fee. The total building permit cost is approximately $4,792,715.37. Waiving $1,030,000 would have the City collecting $3,762,715.37. Of this total, two (2) third-party fees exist: County Use Tax of $220,591.86, and NISP of $286,648.89. City staff recommends the economic development package include a 20-year, 5% loan of the building permit cost, minus the County Use Tax and NISP fee which must be paid when the building permit is issued. The total loan amount would be approximately $3,255,474.62. The total interest collected if the loan matures is approximately $1,900,851. The loan would be a second deed-of-trust. If the developers, Michael Bosma and Robert Hass divest themselves in the project in the first five years to less than 25%, the $1,030,000 incentive must be repaid in full. In addition, if they divest in the project to less than 25% the second deed-of-trust must be repaid. Staff conducts an ‘incentive payback calculation’ for all proposed incentives, to determine if and when an incentive would be ‘paid-back’ through increased collection of sales or property taxes. Staff determined that the B-1/LURA sales tax district generated $1.64/s.f. in 2015. Using this, staff computed the sales tax that could be generated by the on-site commercial at $18,011.14 in year one, with a yearly 3% climber. The property tax collection is anticipated to be $55,346.88 in year one, with a 3% climber. Lastly, staff determined the average multi-family housing size at 2.46 people. The total City Center population is estimated to be 500 persons. Assuming each person spends $100/week in the Lafayette economy, staff anticipates this will bring in $91,000 in year one in additional sales tax. Staff has repeatedly heard concerns from Lafayette businesses, including Pinocchio’s, Black Diamond Restaurant and Taphouse, The Community, and others that additional residents are needed to support their businesses. Staff estimates the ‘incentive payback’ to be just over 5.5 years. Staff negotiated with the developer on a ‘shared community space.’ The developer responded by designing a 2,000 s.f. multi-use indoor space that has flexibility to be used as a gathering location for residents and can be reserved for use by community residents and city staff members. The exterior will be surrounded with glass windows and the proposed location within the project makes the space accessible by a short walk across the street from the current municipal building. The room can be reserved and set up to accommodate a wide variety of community outreach events, host special meetings, or simply used as overflow meeting space. Lastly, the economic development agreement anticipates a conveyance of .723 acres of land to the City Center project, and the City relocating the solar panels. The land to be conveyed does have value, but the City Center project will be improving shared access drives and installing a round-about between city hall and City Center so staff considers the conveyance a wash with the improvements the City will be able to utilize. The solar panel relocation is budgeted in Capital Improvements. Fiscal Impact: The total economic development fee waivers/rebates will be up to $1,030,000, staff considers the land conveyance a trade, and the solar panel relocation cost is budgeted in capital improvements. If the second deed-of-trust- matures the City anticipates collecting an additional $1,900,851. Attachments: Economic Development Agreement

CITY OF LAFAYETTE RESOLUTION NO. 2016-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO, CONDITIONALLY APPROVING AN ECONOMIC DEVELOPMENT AND REAL PROPERTY EXCHANGE AGREEMENT PERTAINING TO THE LAFAYETTE CITY CENTER MIXED USE PROJECT WHEREAS, on April 19, 2016, City Council conditionally approved the “Final Plan/PUD, Lafayette City Center Subdivision” (“Final Plan”), and an associated final subdivision plat (“Replat B”), which Final Plan contemplated the reconfiguration of Lot 2, Block 2, Lafayette City Center Subdivision, upon which City Hall is located, in conjunction with a proposed multi-family and commercial development project known as “Lafayette City Center”; and WHEREAS, the Lafayette City Center project will result in the development of vacant real property that is difficult to develop because of undermining by historic coal mines that exist under a portion of the property; and WHEREAS, it is necessary and advisable to provide economic incentives to attract the project to this location in the City; and WHEREAS, Lafayette City Council has determined that it is in the best interests of Lafayette and the community to help accommodate in the realization of the project within the City to serve the needs of consumers, provide additional employment opportunities and to maintain and enhance revenues for the City; and WHEREAS, implementation of the Lafayette City Center project will require an exchange of real property interests between the developer and the City of Lafayette in conjunction with the project; and WHEREAS, City Council wishes to authorize the execution of an “Economic Development and Real Property Exchange Agreement” with Lafayette South Public Investments, LLC, in order to accommodate the completion of the project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lafayette, Colorado, as follows: Upon the enactment and effective Development and Real Property Exchange Investments, LLC, is approved in the form Administrator are authorized to execute the Ordinance No. 34, Series 2016.

date of Ordinance No. 34, Series 2016, the Economic Agreement between the City and Lafayette South Public substantially as attached hereto. The Mayor and the City agreement on behalf of the City upon the effective date of

RESOLVED AND PASSED THIS 6TH DAY OF DECEMBER, 2016. CITY OF LAFAYETTE, COLORADO ATTEST:

_________________________________ Christine Berg, Mayor

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

__________________________________ David S. Williamson, City Attorney

ECONOMIC DEVELOPMENT AND REAL PROPERTY EXCHANGE AGREEMENT This Agreement is effective this ___ day of ___________________, 2016, by and between Lafayette South Public Investments LLC, a Colorado limited liability company, (“Owner”), and the City of Lafayette, Colorado, a Colorado home rule municipality, (“Lafayette”).

RECITALS A. Owner owns or has contracted to acquire fee title to Lots 1 and 3, of Block 2, and Tract B, of the Lafayette City Center Subdivision in Lafayette, Colorado. B. Lafayette is the owner of Lot 2, of Block 2, Lafayette City Center Subdivision in Lafayette Colorado (hereinafter “Existing Lot 2”). C. Owner wishes to reconfigure Lots 1, 2 and 3, Block 2, and Tract B, of the Lafayette City Center Subdivision in Lafayette, Colorado, into new lots to be platted as “Lafayette City Center Subdivision Replat B” (“Replat B”) and then develop said property with a multifamily and commercial development called “Lafayette City Center.” D. Owner, with the consent of Lafayette, has applied for approval of a final plan/PUD entitled “Final Plan/PUD, Lafayette City Center” (“Final Plan”), and an associated final subdivision plat (i.e., Replat B), with respect to its proposed development, which Final Plan and Replat B were conditionally approved by the Lafayette City Council on April 19, 2016. E. The parties, with Lafayette acting in its proprietary capacity, wish to agree as to the manner by which implementation of the Final Plan and Replat B will proceed, including provisions for ownership of the lots in Replat B that will result after recording of the Final Plan and Replat B. F. Following recording of Replat B and the final Plan, and the recording of certain other documents as set forth in this Agreement, Lafayette will retain ownership of Lot 1 of Replat B (which is a portion of Existing Lot 2), and Owner will be the fee simple owner of Lots 2 and 3 of Replat B.

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G. Owner proposes to construct and operate on Lots 2 and 3 of Replat B a mixed unit development consisting of 208 multifamily residential units and approximately 16,640 square feet of commercial space consistent with the Final Plan (the “Project”). H. The Project is likely to create employment opportunities within the City, and it is anticipated that the Project will increase the Lafayette’s sales tax and real property tax base. I. The Project will likely contribute to economic success of the surrounding commercial areas. J. The Project will result in the development of vacant land that is difficult to develop because of undermining by historic coal mines that exists under a portion of the property. K. It is necessary and advisable to provide economic incentives to attract the Project to this location in the City. L. The City Administrator has reviewed the economic incentive application and finds that the economic benefit to Lafayette by virtue of development of the Project in the City is demonstrated and that the proposal is eligible for economic incentives based upon the following: 1. The proposal shows that there is potential incremental revenue to Lafayette that is not now being received; 2. The Project will result in new employment opportunities in Lafayette; 3. The Project will increase the property tax base within the City; and 4. The Project will increase Lafayette’s sales tax base. M. Since 1998 economic development has been a high priority for Lafayette. N. The Lafayette City Council has determined that it is in the best interests of Lafayette and the community to help accommodate the realization of the Project within the City to serve the needs of consumers, provide additional employment opportunities, and to maintain and enhance tax revenues for the City. O. This Economic Development Agreement is consistent with Lafayette’s guidelines for economic development incentives. It is in the best interests of the public and Lafayette. P. City Council finds that entering into this Agreement will serve to provide public benefit to, and advance the public interest and welfare of Lafayette and its citizens, by securing the location of this Project within Lafayette. 2

Q. The Lafayette City Council finds the potential economic and tax benefits to Lafayette and its residents and potential employment opportunities for Lafayette residents is sufficient consideration to enter into this Agreement upon the terms and conditions hereinafter.

AGREEMENT I.

Warranties of Parties.

The parties hereby represent, warrant, and covenant to each other as follows: OWNER A.

Owner is a limited liability company duly organized, validly existing and in good

standing under the laws of the State of Colorado and authorized to do business in the State of Colorado; has the legal capacity and the authority to enter into and perform its obligations under this Agreement and the documents to be executed and delivered hereto; and the execution of this Agreement, and such documents and the performance and observance of their terms, conditions, and obligations has been duly and validly authorized to by all necessary action on its part to make this Agreement, such documents and such performance and observance valid and binding upon Owner. B.

Owner has the necessary legal ability to execute and perform the Agreement and

has the necessary financial capability to redevelop and construct the improvements contemplated by the Project. Owner has acquired, or will acquire, fee title to, and shall construct and develop, or cause to be constructed and redeveloped, public and private improvements on and for Replat B as necessary to complete the “Project” as described herein, all in compliance with applicable laws, ordinances, the Lafayette Code of Ordinances, regulations and approvals of the City. Owner will operate the Project as described herein for not less than five years after the issuance of the last building permit pulled for construction of either Buildings A, B, C or D (as designated in the Final 3

Plan) of the Project (the “Incentive Period”); provided, however, that the foregoing shall not be construed as a restraint on alienation of the Project, or any portion thereof. Except for a Permitted Transfer to a Permitted Transferee (as defined below), if the Project or a portion thereof, is sold or conveyed prior to the expiration of the Incentive Period, then the incentives actually realized by the Owner up to the aggregate sum of the Maximum Use Tax Incentive Amount and the Maximum Fee Waiver Incentive Amount set forth in Part II E. and F of this Agreement (such amount of the Maximum Use Tax Incentive Amount Maximum Fee Waiver Incentive Amount actually realized by Owner shall be referred to as the “Incentive Amount”), shall be reimbursed by Owner to Lafayette. Without reimbursement of the Incentive Amount as set forth above, Owner may assign all or part of its rights and obligations under this Agreement (a “Permitted Transfer”) to the following types of entities (a “Permitted Transferee”) without consent of Lafayette: i. an Affiliate of Owner; ii. any corporation, limited partnership, limited liability partnership, limited liability company or other business entity in which or with which Owner, or its corporate successors or assigns, is merged or consolidated, in accordance with applicable statutory provisions governing merger and consolidation of business entities, so long as Owner’s rights and obligations hereunder are assumed by the entity surviving such merger or created by such consolidation, and so long as Michael Bosma and Robert Haas, collectively, retain a beneficial ownership interest in the proposed Transferee of greater than 25% in the aggregate.

As used herein, “Affiliate” shall mean, with regard to Owner, any person or entity which, directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with the Owner or Owner’s manager and Michael Bosma and Robert Haas, collectively, retain a beneficial ownership interest in the proposed affiliate of greater than 25% in the aggregate. C.

Owner has designed and anticipates incorporating into the Project an approximate 4

2000 SF multi-use indoor space that has the flexibility to be used for a multitude of community activities and benefits. Owner envisions this space being used daily as a gathering location for not only the residents of the Lafayette City Center, but also a place that can, subject to availability, be reserved or used by community residents, and city staff members for City functions at nominal or no cost to the City. Owner envisions this space may be a location where local art can be displayed, classes can be taught, banquets or events can be held, or simply act as an inviting and warm location for clubs to meet. It will be conveniently located on the first floor of Building C adjacent to the traffic circle in the heart of the Project. The exterior will have glass windows so as to be visible and allow for the maximum amount of natural light. The room can be reserved and set up to accommodate a wide variety of community outreach events, host special meetings, or simply used as overflow meeting space. D.

Owner acknowledges and agrees that, in compliance with the City’s

comprehensive plan, it shall be required to, and shall comply with, high standards of architectural designs and site plans for construction and remodeling of all improvements constituting the Project. E.

Owner will comply with all City of Lafayette codes, ordinances, resolutions and

regulations, and pay all taxes, fees and expenses due to the City, except as otherwise provided for by this Agreement. LAFAYETTE A.

Lafayette is a home rule Colorado Municipal Corporation and has the power to

enter into and take all actions required to authorize this Agreement, and to carry out its obligations hereunder. B.

Lafayette acknowledges that the Project, and related public and private

improvements, serves a valid public purpose and will be of substantial benefit to the health, safety and welfare of its citizens. II.

Incentives Granted. 5

Owner represents that the extraordinary costs of remodeling, developing and establishing the Project to accommodate a successful venture will exceed $37,000,000. To defray part of such extraordinary costs to develop the Project, Lafayette shall, subject to and in accordance with the following provisions, and subject to the maximum incentive amounts described below, waive certain building permit related fees for the Owner, rebate to the Owner an amount equal to a portion of the use taxes generated by the Project and, subject to the terms and conditions of Part III of this Agreement, exchange of certain property with Owner for use in the Project, all as provided for below: A.

Building Permit Fee Waivers: Subject to the Maximum Fee Waiver Incentive

Amount, the City shall waive City of Lafayette building permit fees and plan check fees for building permits issued for the Project in 2017 through 2019, except that such waiver shall only be available for building permits issued for Buildings A, B, C and D (as those buildings are designated in the Final Plan) in calendar year 2017, subject to delays caused by the removal or non-removal of the Solar PV Facility (defined below). B.

Use Tax Reimbursement: Subject to the Maximum Use Tax Incentive Amount,

the City shall reimburse Owner an amount equal to the City of Lafayette use taxes paid by the Owner and received by the City in calendar year 2017 through 2019 in connection with the building permits for the Project on account of the construction materials incorporated into the Project, except that such reimbursement shall only be available for use taxes paid in connection with building permits issued for Buildings A, B, C and D (as those buildings are designated in the Final Plan) in calendar year 2017, subject to delays caused by the removal or non-removal of the Solar PV Facility (defined below). C.

Fee Deferrals: Payment of the following City of Lafayette fees, which are

otherwise payable at the time of the issuance of a building permit, shall be deferred and shall, at the election of Owner: (1) at the time of, and as a condition of, the issuance of a certificate of occupancy for that particular portion of the Project, be converted to an indenture, to be paid and reimbursed by Owner subject to the terms and conditions of this Section II.C., or (2) be payable 6

in whole or in part at the time of, and as a condition of, the issuance of a certificate of occupancy for that portion of the Project: Water Tap Fee, Water Meter Fee, Water Reclamation Tap Fee, and Water Rights Dedication requirements (including fees paid in lieu thereof). Windy Gap/Northern Integrated Supply Project Supplemental Water fees will not be deferred. a. At the time that Owner submits for the issuance of a building permit for all or a portion of the Project, Lafayette and Owner shall make a determination of the Water Tap Fee, Water Meter Fee, Water Reclamation Tap Fee and Water Rights Dedication requirements (including fees paid in lieu thereof) attributable to the portion of the Project so submitted (collectively, the “Deferment Fees”). The maximum amount of the aggregate of the Deferment Fees for the entire Project shall be $3,500,000.00 (the “Maximum Deferment Amount”). b. The foregoing Deferment Fees in the amount as determined under subsection (a) above for that portion of the Project so submitted shall be deferred from the date of application for such building permit, until such date as the issuance of a certificate of occupancy for such portion of the Project is sought by Owner. If Owner does not elect to make payment under (2) of this section above (in part or in whole), then Owner shall upon and as a condition of the first such issuance of a certificate of occupancy for that portion of the Project so applied for, execute and deliver an indenture for the repayment of the balance of the applicable Deferment Fees, in the form attached hereto as Exhibit [ - ] (the “Indenture”). c. The Deferment Fees shall not be advanced to Owner in cash, but shall be credited to Owner’s account. Upon determination of the Deferment Fees as set forth above, such amount shall be credited to Owner’s account, provided that the aggregate outstanding balance of all such credits shall not exceed the Maximum Deferment Amount at any time during the Deferment Period (as defined below).

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d. The obligation to repay and reimburse Lafayette for the Deferment Fees credited to Owner shall be evidenced by the “Indenture” and shall be secured by a second position deed of trust granted by Owner against the Project (“Deed of Trust”), in the form attached to this Agreement as Exhibit [ - ]. In no event shall the aggregate amount of the principal secured by the prior deeds of trust, mortgages or other security interests granted in the Project exceed eighty percent (80%) of the lesser of: (i) Total Project Costs (as defined below); or (ii) Forty-Five Million Dollars ($45,000,000.00) (the foregoing calculation shall be referred to hereafter as the “Equity Requirement”). “Total Project Costs” shall include all hard and soft costs related to the acquisition, financing and development of the Project, including costs associated with the design, permitting and construction of the Project, including all Deferment Fees, municipal and other governmental fees and assessments; architectural, engineering, design and planning related expenses, expense incurred in obtaining development approvals, and hard and soft construction costs for all improvements (public and private) required for the Project. Notwithstanding the Owner’s covenant to grant Lafayette the Deed of Trust in second position junior to the prior deeds of trust, mortgages or other security interests granted in the Project, so long as the Equity Requirement remains satisfied, Lafayette agrees that Owner shall be permitted to grant security interests to third-party lenders for such loans, lines of credit, letters of credit, or other advances required in order to secure completion ofPublic and Private Improvements as defined in the “Lafayette Center Replat B Development Agreement” to be executed in conjunction with the final subdivision plat, including posting of letters of credits or performance bonds for completion of such public and private improvements required in connection with the Project, and Lafayette agrees that it will execute and deliver reasonable subordination agreements (agreeing to subordinate Lafayette’s Deed of Trust to such third-party lender’s security interests). The Deed of Trust shall be 8

executed and delivered by Owner at the time Owner executes and delivers the Indenture. Credits to the Owner’s account of the Deferment Fees shall bear interest under the Indenture at five percent (5%) per annum until such Deferment Fee is repaid in full (the “Interest Rate”). The Deferment Fees up to the Maximum Deferment Amount shall be amortized over 20 years at the Interest Rate, with principal and interest payable in quarterly payments over the 20 year term, with the then-outstanding principal and interest due and payable thereon payable at the expiry of such term or upon a Transfer (as defined in the Deed of Trust), excluding any Permitted Transfers (as defined in this Agreement) and subject to Owner’s rights to request partial releases as set forth below. The repayment of the Deferment Fee then accrued and credited to Owner shall commence on the earlier to occur of: (i) issuance of a final certificate of occupancy for Buildings A, B, C and D, or (ii) three (3) years after issuance of the first building permit for Buildings A, B, C or D, and the credit of the first applicable Deferment Fee. The period from the date hereof until the earlier date to occur of (i) or (ii) above shall be referred to as the “Deferment Period”. e. Lafayette shall, and is hereby authorized by Owner to, endorse on Schedule 1 attached to the Indenture, appropriate notations evidencing the date and the credited amount of the Deferment Fees made by the Lafayette, the Interest Rate, the then current balance of all Deferment Fees so credited, the date and amount of each payment of principal and interest (if any). The entries on Schedule 1 shall be binding upon the Owner absent error or negligence on the part of Lafayette. f. Lafayette acknowledges that Owner may from time-to-time request amendment of the legal description of the Project (or portions thereof), and may from time-to-time pay-down the credited amount of the Deferment Fees and interest accrued thereon. Lafayette and Owner agree to reasonably cooperate in connection with such amendments and modifications as may be necessary to be made to the Deed of Trust, and 9

Owner shall have a right to request a partial release of the Deed of Trust upon repayment of the credited Deferment Fees and accrued interest in connection with that portion of the Project sought to be released by Owner. Upon the repayment of the entire amount of the Deferment Fees credited to Owner, and all accrued interest thereon, Lafayette shall cause the Deed of Trust to be released. D.

Sources of Incentive Payment: Lafayette’s payment of obligations under this

Agreement shall be limited solely to the fees and use taxes collected by Lafayette in connection with building permits issued as part of the Project. Nothing herein shall be construed to require the City to make any payments to Owner in excess of such amounts. E.

Maximum Fee Waiver Incentive Amount: The total, aggregate amount of fee

waivers that accrue to the Owner under this Agreement, shall not exceed $246,171.00, which is the “Maximum Fee Waiver Incentive Amount.” At such time as the value of the fee waivers equal $246,171.00, the Owner shall not be entitled to any further fee waivers under this Agreement. F.

Maximum Use Tax Incentive Amount: The total, aggregate amount of use tax

reimbursement that accrues to the Owner under this Agreement shall not exceed $783,829.00, which is the “Maximum Use Tax Incentive Amount.” At such time as the value of the use tax reimbursements equal $783,829.00, the Owner shall not be entitled to any further use tax reimbursement under this Agreement. G.

Incentive Personal to Owner. The right to all incentives, including fee waivers,

rebates, reimbursement payments and exchange of property shall be personal to Owner, except as otherwise provided herein, (including without limitation, the provisions of Part I.C. of this Agreement) and shall not be appurtenant to any real property. III.

Real Property Exchange. A. Within thirty (30) days of the fulfillment of all conditions as described in Part VI below, the parties shall conduct a simultaneous, comprehensive real estate closing (“Closing”) at which the following shall occur, with recordations occurring in the sequence as indicated: 10

i)

Lafayette will execute and deliver to Owner a special warranty deed conveying fee title of that portion of “Existing Lot 2” that is not within Lot 1 of Replat B, free and clear of liens and encumbrances, except those of record as of the effective date of this Agreement and those that are included as a part of the Final Plan and Replat B Subdivision Plat.

ii)

Owner will execute and cause the recordation of the approved Final Plan and subdivision plat for Lafayette City Center Replat B, including execution and recordation of the associated development agreement for said subdivision.

iii)

Owner will grant and execute and deliver, to Lafayette, in its capacity of fee owner of Lot 1, Replat B, a good and sufficient, non-exclusive easement, and all associated documents, for the purpose of allowing vehicular and pedestrian access to Lot 1 of Replat B, over and across all “private access easements” as depicted on Replat B Final Plat, which access easement shall be appurtenant to Lot 1 of Replat B.

iv)

Owner will grant, and execute and deliver, to Lafayette, in its capacity as fee owner of Lot 1 of Replat B, or to such assignee as Lafayette directs:

(1) A good and sufficient exclusive permanent easement, and all associated documents, for the purpose of maintaining, operating, and removing the Solar Photovoltaic System and Facility as and where currently located on Existing Lot 2 (the “Solar PV Facility”), which shall be subject to termination as described in Part IV. below; provided, however, that the Owner shall have and does hereby reserve the right to grant other easements, licenses and rights in, through, over and under the subject area, so long as such other rights and uses do not interfere with the rights of Lafayette under its easement; and (2) If Lafayette cannot locate the Solar PV Facility (in whole or in part) on Lot 1 of Replat B, then at such time as may be determined by Lafayette, Owner agrees to grant and deliver a permanent, exclusive easement for the relocation, installation, maintenance and operation of the Solar PV Facility on such portions of Lot 2 of Replat B as may be mutually agreeable to Owner and Lafayette; provided, however, that the Owner shall have and does hereby reserve the right to grant other easements, licenses and rights in, through, over and under the subject area, so long as such other rights and uses do not interfere with the rights of Lafayette under its easement. The location of such permanent, exclusive Solar PV Facility easement will be determined by the parties 11

pursuant to Part IV of this agreement and shall be appurtenant to Lot 1 of Replat B, subject to Owner’s foregoing reservations. The cost of the maintenance and operation, removal, relocation and installation of the Solar PV Facility shall be Lafayette’s sole obligation.

v)

Owner will grant, and execute and deliver, to Lafayette, in its capacity as fee owner of Lot 1 of Replat B, a good and sufficient non-exclusive easement, and all associated documents, allowing the fee owner of Lot 1 of Replat B the use of up to 20 parking spaces in the parking lot that is to be located on Lot 2 of Replat B, pursuant to the Final Plan. The location of such parking spaces and the easement therefore shall be mutually agreeable to Owner and Lafayette.

vi)

Owner will grant, and execute and deliver, to Lafayette, in its capacity as fee owner of Lot 1 of Replat B, a good and sufficient access easement, and all associated documents, that will allow Lafayette to continue to use the existing vehicular access to its structure on Lot 1 of Replat B from South Public Road and South Boulder Road until such time as the permanent access to such lot is completed by Owner, as shown in the Final Plan; and a good and sufficient exclusive, permanent easement, and all associated documents, for parking and parking improvements over that portion of Existing Lot 2 that is conveyed to Owner pursuant to this agreement. At such time as the permanent easement in III.A.v) above is granted, the parking lot improvements are constructed and available thereon and the new access to Lot 1, Replat B is completed, the parking and access easement contemplated in this sub-paragraph shall be released and quitclaimed to Owner

vii)

Owner shall quit claim and remise to Lafayette any claim of right, title and interest in and to Lot 1 of Replat B, and shall execute and deliver to Lafayette for recordation a quit claim deed conveying title of Lot 1 of Replat B to Lafayette, free and clear of liens and encumbrances caused by, through or under Owner, except those that are included as a part of the Final Plan and Final Plat.

viii)

Owner shall execute and deliver a standard form of promissory note in the amount of $123,614.00, and a deed of trust to be recorded against the Lot 2, Replat B at Closing. The note shall not require principal or interest payments during its term, and the note 12

shall be due and payable in full on the date that is 5 years after the Closing date, but only if the Project is not commenced and the parking improvements associated with the parking easement contemplated in III.A.v) above are not completed within such 5year period. Upon completion of the parking improvements associated with the parking easement contemplated in III.A.v) above, the note and deed of trust shall be cancelled and released. Lafayette agrees that it will execute and deliver reasonable subordination agreements (agreeing to subordinate the deed of trust contemplated in this paragraph to Owner’s lender’s security interests in the Project.

B.

Title Provisions and Title Insurance. 1. Portion of Existing Lot 2. Owner may, at its own expense, obtain a commitment

for that portion of Existing Lot 2 being conveyed to Owner by Lafayette. Lafayette shall be provided with a copy of any title commitment. If Owner is not satisfied with the condition of title, Owner may terminate this Agreement by providing written notice to the Lafayette no later than the 7th day following execution of the Agreement by all parties. In the event that the Owner elects to cause a policy to issue on such commitment, Lafayette will cooperate in fulfilling the title requirements, but shall not be required to expend funds therefore. 2. Easements to Lafayette. (a)

All easements to be granted to Lafayette shall be granted free and clear of liens

and encumbrances, except those as depicted on the Final Plat for Replat B. (b)

Owner shall order and cause the delivery to Lafayette within three (3) days of the

execution of this Agreement by all parties, a title commitment for the easements to be granted to Lafayette, as described above, for a 2006 ALTA extended coverage owner's policy of title insurance (the "Title Commitment") from a title company acceptable by Lafayette (the "Title Company"), in the amount of $123,614.00. Lafayette will have the right, on or before the date that is seven (7) days after delivery of the Title Commitment (the "Initial Title Deadline"), to object to any defects in title reflected on the Title Commitment (the "Initial Title Matters"). If Lafayette objects to any Initial Title Matters on or before the Initial Title Deadline, sub-section (d) of this section III.B.2. will govern. Any such exceptions to, or matters affecting, title to which Lafayette does not object by notice given on or before the Initial Title Deadline will be 13

deemed accepted by Lafayette, Lafayette will have no further right to object thereto, and will be the "Permitted Exceptions." The Permitted Exceptions shall not include: (i) any delinquent taxes or assessments, (ii) all monetary liens agreed to or permitted by OWNER without Lafayette's written consent, (iii) any standard printed exception concerning parties in possession, and (iv) any title exception or requirement concerning the legal status of Owner or its authority to grant such easements. Owner will cause any delinquent taxes or assessments and any monetary liens or encumbrances that could extinguish the rights of Lafayette under the easement contemplated hereunder to be paid or otherwise removed of record prior to Closing. (c)

If, subsequent to the Initial Title Deadline and prior to Closing, Lafayette notifies

Owner of the existence of any new title matter shown on an update of the Title Commitment that Lafayette did not cause or consent to and is not otherwise contemplated by sub-section (b) above (a "Subsequent Defect"), then subsection (d) of this section III.B.2. will govern. (d)

Except for the delinquent taxes or assessments or monetary liens or encumbrances

described in subsection (b) of this section, or any additional exception to title caused by Owner, Owner will have no obligation to cure or attempt to cure any Initial Title Matter or Subsequent Defect to which Lafayette objects under this section (each being referred to as a "Title Objection"). (1)

If Owner, in its sole discretion, elects to attempt to cure any Title

Objection, then Owner must notify Lafayette of such election within five (5) days after delivery of Lafayette's notice of the applicable Title Objection(s) (the "Cure Notice Deadline"). If Owner so notifies Lafayette of its election to attempt to cure a Title Objection, then Owner will use its best efforts to cure the Title Objection prior to Closing, provided that Owner need not expend more money to effect any such cure than any limit set forth in Owner's notice to Lafayette concerning Owner's election to cure such Title Objection. If Owner has not cured any Title Objection that Owner elected to cure, as provided above, prior to Closing, then Lafayette may either waive such objection and proceed to close (in which case the matter constituting the basis of the Title Objection will be deemed a Permitted Exception), or Lafayette may terminate this Contract by notice to Owner , in which case both parties will be relieved from any further liability hereunder, except for those obligations that expressly survive any termination hereof. 14

(2)

If Owner notifies Lafayette, on or before the Cure Notice Deadline, that

Owner elects not to cure any of the Title Objections described in Lafayette 's notice of objections, or if Owner does not notify Lafayette on or before the Cure Notice Deadline as to Owner 's election regarding any Title Objection set forth in a notice of objections from Lafayette, then Lafayette will have a period of five (5) days after the Cure Notice Deadline during which to elect to either waive its objection to such Title Objection or terminate this Contract by notice to Owner . If Lafayette does not deliver its notice of termination within such five (5) day period, then Lafayette will be deemed to have waived its objection to all such Title Objections that Owner did not elect to attempt to cure (in which case each such matter constituting the basis of a Title Objection will be deemed to be a Permitted Exception). If Lafayette delivers its notice of termination to Owner within such five (5) day period, then both parties will be relieved from any further liability hereunder, except for those obligations that expressly survive any termination hereof. (e)

At the Closing, Owner shall pay the premium for and cause the Title Company to

issue to Lafayette an extended coverage owner's policy of title insurance for the easements conveyed to Lafayette, or its assignee, pursuant to this agreement. In the event Lafayette desires any endorsements to the policy, Lafayette shall pay the cost of such endorsements. C.

Warranties.

The parties warrant that they will not, from the day of this agreement until Closing, take any action, or allow any action, that would encumber title to the property interests to be conveyed pursuant to this Agreement; provided, however that Owner may seek and obtain financing for the construction of the Project and secure such financing with a security interested granted in the Project. In the event that any matters are discovered prior to Closing that would adversely impact the merchantability of title, this agreement may be terminated by the party to receive title to the impacted parcel by written notice to the other party, in additional to any other remedies that may be available.

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D. Closings/Taxes. Any Closings contemplated by this agreement shall take place in Boulder County, Colorado at such time and place as the Parties may agree. The parties shall be responsible for their respective closing costs, unless otherwise provided for in this agreement. Real property taxes, if any, for the year of closing shall be pro-rated, based upon the most recent assessment information. Physical possession of the Property shall transfer as of the time of Closing.

IV.

RELOCATION OF SOLAR PV FACILITY

A portion of Existing Lot 2 that is to be conveyed to Owner pursuant to the terms of this Agreement is currently encumbered with the Solar PV Facility pursuant to a “Solar Power Service Agreement” between Lafayette and a third party (“Solar PV Facility Agreement”), and an easement for such Solar PV Facility, as evidenced in the instrument attached to that certain Ordinance No. 16, Series 2011, recorded at Reception No. 03152993 in the real property records of Boulder County (the “Existing Easement”). The Solar PV Facility provides electrical power in conjunction with the City Hall Building that is located on Lot 1 of Replat B. The terms of the Solar PV Facility Agreement allow Lafayette to terminate the agreement and Existing Easement, purchase the Solar PV Facility and operate the PV Facility itself, or to retain the Solar PV Facility Agreement, but relocate the Solar PV Facility (including the underlying easement) to a new location that is suitable to accomplish the purpose for which the Solar PV Facility exists upon not less than 180-days notice to relocate. This Part IV. will address the details associated with the termination and/or relocation of the Solar PV Facility and accommodate the construction of the Private Improvements, as defined in the “Lafayette Center Subdivision, Replat B Development Agreement”, that will be located in the area currently occupied by the Solar PV Facility. A. If Lafayette elects not to terminate the Solar PV Facility Agreement, and instead elects to send notice to relocate the Solar PV Facility, then the Solar PV Facility may remain in its current location for up to 230 days following delivery of a written notice from Owner to Lafayette indicating that it will require the relocation of the Solar PV Facility. Lafayette acknowledges that Owner may deliver such notice concurrent 16

with the Closing. Unless the parties otherwise agree the underlying easement for the Solar PV Facility will remain in place until the 231st day after such relocation notice is provided. B. If Lafayette elects to terminate the Solar PV Facility Agreement (in lieu of retaining the Solar PV Facility Agreement and sending relocation notice), then the Solar PV Facility may remain in its current location for a reasonable period of time following notice from Owner to allow the City to relocate the Solar PV Facility as set forth in sub-paragraph D below. Following such notice from the Owner, Lafayette shall commence and thereafter diligently pursue such removal and relocation, and the parties agree to coordinate and cooperate in such removal and relocation in order to permit for the orderly development of the Project. C. Lafayette covenants and agrees that it will make a decision whether to terminate the Solar PV Facility Agreement and relocate the Solar PV Facility to operate itself, or whether to retain the Solar PV Facility Agreement and send a notice of relocation prior to the Closing, and shall take appropriate action promptly thereafter (sending notice to terminate or notice to relocate, as the case may be). D. The parties agree to cooperate together to obtain a release of the Existing Easement as it may affect their respective properties, upon the relocation of the Solar PV Facility. E. Regardless of whether or not the Solar PV Facility Agreement is terminated, the relocation of the Solar PV Facility will be accomplished in a manner such that the electrical power generated by reason of the Solar PV Facility will be equivalent to the power that is currently generated by the Solar PV Facility. With respect to such relocation: 1. Lafayette agrees that so much of the Solar PV Facility shall be relocated to the parking lot area immediately south of the City Hall Building on Lot 1 of Replat B as may be, in Lafayette’s sole discretion, reasonable to accomplish and accommodate any parking in that area, as well as effective use for Solar PV Panels. The parties anticipate that the Solar PV panels will be installed such that they are located as car ports above parking stalls so as not to decrease the number of parking stalls available. 2. To the extent that the parking lot area south of the City Hall Building is not sufficient to accommodate the entirety of the Solar PV Facility, which the Parties 17

anticipate, the balance of the Solar PV Facility shall be relocated to a suitable location in the parking lot that serves the structures being constructed on Lot 2, Replat B, in the general location as depicted on Exhibit ___ attached hereto. Owner will execute and deliver to Lafayette a permanent easement, free and clear of underlying liens and encumbrances, that will allow for the location of that portion of the Solar PV Facility that is to be relocated onto Lot 2, Replat B, including utility easements as are necessary to provide connections between the Solar PV Facility panels and Lot 1, Replat B.

F. Lafayette will be responsible for the costs and expenses of relocating the Solar PV Facility.

G. Upon completion of the relocation of the Solar PV Facility, or upon Lafayette’s determination that it will not use the Solar PV Facility to serve its City Hall building, the easement for the Solar PV Facility contemplated in III.A.iv)(1) above shall be released and quitclaimed to Owner.

H. Nothing in this Agreement shall be construed to require Lafayette to relocate the Solar PV Facility if Lafayette determines that it no longer wishes to use the Solar PV Facility to serve its City Hall building. V.

PRIVATE IMPROVEMENTS SERVING LOT 1, REPLAT B.

(1) The Private Improvements to be constructed and maintained by the Owner, pursuant to the “Lafayette Center Subdivision Replat B Development Agreement” are, in part, intended to serve and be for the benefit of, Lot 1, Replat B. As partial consideration for the conveyance of the real property by Lafayette to the Owner pursuant to this Agreement, the parties agree that the owners of Lot 1, Replat B shall not be responsible for either the installation, construction or maintenance of such Private Improvements, but, rather, such Private Improvements shall be required to be constructed and installed by the Owner, and maintained by either the Owner, or an owner’s association that is established for the purpose of operating and maintaining such Private Improvements.

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Lot 1, Replat B, shall not be obligated to financially contribute to such installation, construction, or maintenance expenses, either by way of regular dues, or special assessments. (2) The Project and Existing Lot 2 are currently subject to the Declaration of Covenants, Conditions and Restrictions for Lafayette City Center recorded on March 30, 1998 in the records of the Boulder County Clerk and Recorder at Reception No. 1785231, including any and all amendments and supplements thereto (the “Declaration”), which are governed by the City Center Business Owners Association, Inc. (the “Association”). To the extent that Lot 1 of Replat B remains subject to the Declaration, Owner agrees to take all actions necessary to ensure that so long as Lafayette owns Lot 1 of Replat B, the same shall not be subject to any regular dues or regular assessments assessed by the Association under the Declaration.

VI.

CONDITIONS AND CONTINGENCIES

This Agreement, including Closing as contemplated herein, and Lafayette’s obligations with respect to “Incentives Granted,” is conditioned upon fulfillment of all of the following:

A.

Enactment of an ordinance by the Lafayette City Council authorizing a conveyance of

that portion of Existing Lot 2 to be conveyed to Owner; and B.

Owner securing fee title to the entire width of the vacated Cambro Lane that is within the

boundaries of Replat B (which instruments evidencing the same shall be delivered into escrow pending the Closing and recordation of the final plan and Replat B subdivision plat) ; and C.

Recordation of the final plan and Replat B subdivision plat, including fulfillment of all

matters as are required to record such final plan and subdivision plat. In the event that these conditions are not satisfied by April 30,2017, this agreement shall terminate.

VII.

MISCELLANEOUS

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A.

Police Powers Reserved. Nothing contained in this agreement shall require the

Lafayette City Council to exercise its police power in any particular manner or fashion, and the exercise of such police power is specifically reserved to the Lafayette City Council. B.

Subject to Appropriations. The fiscal obligations of Lafayette hereunder shall not

constitute an indebtedness of Lafayette within the meaning of any constitutional or statutory limitation or provision. The Agreement shall not directly or indirectly obligate Lafayette to make any monetary payment beyond those appropriated for any fiscal year in which the agreement shall be in effect. The decision as to whether to appropriate such amounts shall be at the sole discretion of the Lafayette City Council. The failure to appropriate funds or have funds available shall not be a breach of this Agreement. C.

Default and Remedies. If a party is not in default hereunder and the other party

fails or refuses to consummate this Agreement for reasons other than a permitted termination, the party that is not in default may elect one of the following remedies: 1. Terminate this Agreement; or 2. Enforce this Agreement by specific performance, or an action for damages including attorney fees, or, to the extent permitted by law, for both specific performance and damages; the parties agreeing and acknowledging that sole resort to monetary damages or other legal remedies would not adequately compensate the non-defaulting for breach of this Agreement, the subject matter hereof being unique and a proper subject for equitable relief. D.

Effect of Development Agreement/Amendments to Agreement. This written

Agreement, along with the “Development Agreement” between the parties required by the Lafayette Code of Ordinances in conjunction with the Final Plan and the Replat B Subdivision Plat, constitute the entire Agreement of the parties. The Development Agreement and this Agreement shall be interpreted in a manner consistent with each other. No representations, promises, terms, conditions or obligations regarding the subject matter of this Agreement, other than those expressly set forth herein, shall be of any force and effect. No modification, change or alteration of these Agreements shall be of any force or effect, unless in writing, signed by both parties. E.

Survival of Terms. Except for such of the terms, conditions, covenants and

agreements hereof which are, by their very nature, fully and completely performed upon the 20

Closing and transfer of the deed or deeds to be delivered hereunder, all of the terms, conditions, covenants and agreements herein set forth and contained shall survive such Closing and shall continue thereafter to be binding upon and inure to the benefit of the parties hereto, their heirs, beneficiaries, personal representatives, assigns and successors in interest to title to the Property. F.

Further Acts. Owner and Lafayette agree to perform or cause to be performed on

or after the date of Closing such further acts as may be reasonably necessary to consummate the transaction contemplated hereby. G.

No Commission. Neither party shall be responsible for any real estate

commissions incurred by reason of this real estate transaction by the other party. H.

Notices. All notices, demands, requests and other communications required or

permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, and regardless whether actually received or not, three days after deposit in the United States Mail, first class, postage prepaid, registered or certified addressed as follows: Lafayette South Public Investment, LLC: ___________________ ___________________ ___________________ ___________________ Lafayette: City Administrator City of Lafayette 1290 South Public Road Lafayette, CO 80026 Either party may change its address by notice as aforesaid. I.

Successors-in-Interest. This Agreement, including without limitation all

representations, warranties and indemnifications shall be binding upon and inure to the benefit of the parties hereto, their heirs, beneficiaries, personal representatives, successors and assignees. J.

Counterparts. This Agreement may be executed in counterparts, and upon full

execution thereof, such copies taken together shall be deemed to be a full and complete Agreement between the parties.

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K.

Venue and Governing Law. Venue for any and all legal actions regarding this

Agreement shall lie in the District Court in and for the County of Boulder, State of Colorado, and this transaction shall be governed by the laws of the State of Colorado. L.

Invalid Provisions. If any provision of this Agreement is held to be illegal,

invalid or unenforceable under present or future laws, such provisions shall be fully severable; this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreement; and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance from this Agreement. Furthermore, in lieu of such illegal, invalid or unenforceable provision, there shall be added automatically as a part of this Agreement a legal, valid, and enforceable provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible.

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IN WITNESS WHEREOF, the parties hereto have signed and executed this Agreement the day first written above. CITY OF LAFAYETTE, COLORADO

ATTEST: By:

By:

Susan Koster, CMC, City Clerk Christine Berg, Mayor APPROVED AS TO FORM: By: David S. Williamson, City Attorney

LAFAYETTE SOUTH INVESTMENT, LLC.

PUBLIC

By:_______________________________ Name: ______________________________ Title: _______________________________

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Exhibit [ - ] Indenture [attach]

Exhibit [ - ] Deed of Trust [attach]

RECORD OF PROCEEDINGS CITY OF LAFAYETTE

CITY COUNCIL MEETING November 15, 2016 Call to Order The November 15, 2016, City Council Meeting began at 5:38 p.m. in the Council Chamber at Lafayette City Hall, 1290 S. Public Road, Lafayette, Colorado. Roll Call Those in attendance included Mayor Christine Berg and Mayor Pro Tem Gustavo Reyna; and Councilors Brad Wiesley, Alexandra Lynch, Chelsea Behanna, Merrily Mazza, and Stephanie Walton. Also present were City Administrator Gary Klaphake, Fire Chief Dave Friedel, Deputy City Clerk Susan Barker, Parks, Recreation and Open Space Director Monte Stevenson, Acting Planning Manager Paul Rayl, Water Resources and CIP Manager Brad Dallam, and City Attorney Dave Williamson. Adjourn to Executive Session At 5:40 p.m. a motion was made by Councilor Merrily Mazza and seconded by Councilor Brad Wiesley 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 Mayhoffer and according to C.R.S. 24-6402(4)(e), for determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators pertaining to Affordable Housing. The motion passed unanimously. Return to Regular Session Mayor Berg said the executive session concluded at 6:38 p.m. The participants in the session were Mayor Berg and Mayor Pro Tem Reyna; and Councilors Wiesley, Lynch, Behanna, Mazza, and Walton. Also in attendance were City Administrator Klaphake, and City Attorney Williamson. Mayor Berg 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. Public Hearing – Ordinance No. 27, Series 2016 / Comcast Franchise Renewal Ordinance No. 27, Series 2016 approves a cable franchise agreement with Comcast of Colorado I, LLC. Attorney Brandon Dittman from Kissinger and Fellman presented the Franchise agreement and highlighted the deal points. He recommended approval of the franchise agreement and was available for Council questions. Mayor Berg opened a public hearing at 7:46 pm. She asked if anyone wished to speak. Seeing no one, she closed the public hearing.

Lafayette City Council Meeting November 15, 2016 Page 2

A motion was made by Councilor Mazza and seconded by Councilor Lynch to approve Ordinance No. 27, Series 2016 / Comcast Franchise Renewal as presented on first reading. The motion passed unanimously. Public Hearing – Ordinance No. 39, Series 2016 / Amending Municipal Code Chapter 25 Animals and Fowl and Chapter 26 Development and Zoning / Pertaining to Pot Bellied Pigs and Miniature Goats Acting Planning Manager Paul Rayl presented the ordinance. He said the ordinance allows for miniature goats and miniature pot bellied pigs in the residential and school zoning districts. Mayor Berg opened a public hearing at 6:50 pm. She asked if anyone wished to speak. The following people spoke in favor of the ordinance: Scott Boyd, Lisa Russell, Chris Fisher, and Abbey Boyd. The Mayor closed the public hearing at 6:53 pm. A motion was made by Councilor Mazza and seconded by Mayor Pro Tem Reyna to approve Ordinance No. 39, Series 2016 / Amending Municipal Code Chapter 25 Animals and Fowl and Chapter 26 Development and Zoning / Pertaining to Pot Bellied Pigs and Miniature Goats as presented on first reading. The motion passed unanimously. Public Input Bill Howland spoke of his concern with water and drainage issues regarding the Weems and Domenico properties. Joshua Kennedy encouraged Old Town residents to participate in a Christmas Light Challenge Suzannah Long requested information on what action the City had taken to encourage HOA’s to purchase plants/plantings that had not been treated with neonicotinoids. Ordinances 2016 Supplemental Budget City Administrator Klaphake presented the first reading of Ordinance No. 40, Series 2016 / Supplemental Budget Appropriation. He said that Finance Director McFarland will be available for discussion and questions at the December 6, 2016 meeting. A motion was made by Councilor Wiesley and seconded by Councilor Walton to approve Ordinance No. 40, Series 2016 / 2016 Supplemental Budget Appropriation as presented on first reading. The motion passed unanimously. Orange Zone Line Land Acquisition Water Resources and CIP Manager Brad Dallam presented Ordinance No. 41, Series 2016 / Orange Zone Line Land Acquisition. He said this ordinance is necessary to acquire the property easements needed in order to construct the Orange Zone Waterline. A motion was made by Councilor Lynch and seconded by Councilor Mazza to approve Ordinance No. 41, Series 2016 / Orange Zone Line Land Acquisition as presented. The motion passed unanimously.

Lafayette City Council Meeting November 15, 2016 Page 3

Lease Agreement / Thomas Open Space Farm Parks, Recreation and Open Space Director Monte Stevenson presented Ordinance No. 42, Series 2016. This ordinance approves the renewal of a 3-year lease agreement with Isabelle Farm, LLC. A motion was made by Councilor Lynch and seconded by Councilor Walton to approve Ordinance No. 42, Series 2016 / / Approval of Lease Agreement / Thomas Open Space Farm / Isabelle Farm, LLC as presented. The motion passed unanimously. Resolution No. 2016-88 / Supporting a Safe Routes to School Grant Application from CDOT Mr. Klaphake stated this grant application was to develop a trail along Drainageway No. 4 in the Sanchez Elementary neighborhood. A motion was made by Mayor Pro Tem Reyna and seconded by Councilor Wiesley to approve Resolution No. 2016-88 / Supporting a Safe Routes to School Grant Application from CDOT as presented. The motion passed unanimously. Proclamation / Designating November 26, 2016 as Small Business Saturday Councilor Behanna read a proclamation designating November 26, 2016 as Small Business Saturday. A motion was made by Councilor Behanna and seconded by Councilor Wiesley to adopt the proclamation as read. The motion passed unanimously. Consent Agenda Mayor Berg read the Consent Agenda: I. Minutes of Regular Council Meeting of November 1, 2016 J. Second Reading / Ordinance No. 38, Series 2016 / Repealing and reenacting Article VII of Chapter 5 of the Lafayette Code of Ordinances, Dissolving the Latino Advisory Board and Establishing and Providing for a Diversity and Inclusiveness Advisory Board K. Contract / Silver Creek Park Design / Munding Design, LLC L. Contract / Open Space Education and Outreach Services / Entrepreneurial Earth, LLC M. Lot 4E, Cabrini Gardens Replat E, / Sherwin Williams / Site Plan Architectural Review N. Purchase Orders and Amendments Items J and M were removed from the agenda for further discussion. A motion was made by Councilor Wiesley and seconded by Councilor Mazza to approve the remainder of the Consent Agenda. The motion passed unanimously. Item J A motion was made by Councilor Lynch and seconded by Mayor Pro Tem Reyna to change the name of the board from Diversity and Inclusiveness Advisory Board to the Human Rights Commission. The motion passed unanimously.

Lafayette City Council Meeting November 15, 2016 Page 4

Item M A motion was made by Councilor Behanna and seconded by Councilor Wiesley to approve Item M / Lot 4E, Cabrini Gardens Replat E,/ Sherwin Williams / Site Plan Architectural Review. The motion passed unanimously. City Administrator’s Report Mr. Klaphake met with some of the business owners on East Simpson Street in Old Town. He said he will be meeting next week with staff to address snow plowing issues that include plowing a couple of blocks on East Simpson, intersections on Public Road, and addressing the notice requirement within the municipal code. Adjourn The meeting was adjourned at 8:15 p.m.

CITY OF LAFAYETTE, COLORADO

ATTEST

___________________________________ Christine Berg, Mayor

__________________________________ Susan Barker, City Clerk

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

STAFF REPORT To: From: Date: Subject:

Gary Klaphake, City Administrator Doug Short, Public Works Director November 9, 2016 Resolution No. 2016-94 / Service Fees / Residential Composting Collection

Recommendation: Approval of Resolution No. 2016-94 amending fees & charges for Residential Composting Collection. Background: The agreement with our current hauler (Republic Services) allows for an annual rate change based on the Denver-Boulder-Greeley All Urban Consumer Price Index (Index) for the most recent twelve month period. Refuse Collection Fees change on October 1st of each year and Organics Collection Fees change on February 1st of each year. The Index is published on a semi-annual basis on January 1st and July 1st of each year. The most recent twelve-month period for the compost collection fee change is July 1, 2015 to July 1, 2016, as the six month period from July 2016 to January 2017 will not be published in time for the February 1st deadline. The change in the Index for these twelve months is 3.0%. This change compensates the hauler for increases in costs associated with labor, equipment operation, fuel, etc. The monthly rates for the following compost cart size will be:

32-Gallon Compost Cart 64-Gallon Compost Cart 96-Gallon Compost Cart

Old Rates

New Rates

$ 4.49 $ 7.87 $ 11.24

$ 4.63 $ 8.10 $ 11.58

Fiscal Impact: None. These rate changes are a pass-through to the consumer and the City does not collect any revenue on these rates. Attachments: Resolution No. 2016-94

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

RESOLUTION NO: 2016-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAFAYETTE AMENDING EXHIBIT A OF THE CITY OF LAFAYETTE FEE SCHEDULE REGARDING RESIDENTIAL REFUSE COLLECTION SERVICE FEES WHEREAS, Section 5-4 of the Code of Ordinances of Lafayette ("Code of Ordinances") provides that City Council shall establish fees for the purpose of defraying the City's costs of providing municipal services; and WHEREAS, Chapter 100 of the Code of Ordinances provides that City Council shall by resolution, establish collection fees for the City's contractual residential refuse, recycling and organics collections program; and WHEREAS, City Council previously established fees for such services in reliance upon the Public Works Department recommendation that to defray the City's costs the fees for refuse and organic collection services be based upon the size of the container and that a flat rate be established for recycling collection service as all recyclables are collected in the same size container; and WHEREAS, the City’s current Residential Refuse Recycling & Organics Collection Services Agreement allows the contractor to impose an annual price increase based on the Denver/Boulder/Greeley Consumer Price Index for All Urban Consumers (CPI-U), most recent 12 month period available, which is effective October 1st for refuse services and February 1st for organics services; and WHEREAS, City Council finds that the proposed refuse service collection fees as based upon the CPI-U data provided by the Public Works Department are reasonably related to the City’s costs and expenses incurred in providing residential refuse services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO, as follows: Exhibit “A” of the City of Lafayette Fee schedule is amended, effective February 1st, 2017, as follows:

Organics Collection Service Fees Size Container 32 Gallon 64 Gallon 96 Gallon

$ $ $

Monthly Organics Rate 4.63 8.10 11.58

Resolution No. 2016-94 City of Lafayette Page 2

RESOLVED AND PASSED THIS 6th DAY OF DECEMBER, 2016

CITY OF LAFAYETTE, COLORADO

_________________________________ Christine A. Berg, Mayor ATTEST:

_______________________ Susan Koster, CMC City Clerk

APPROVED AS TO FORM:

__________________________________ David S. Williamson, City Attorney

STAFF REPORT TO:

Gary Klaphake, City Administrator

FROM:

Paul Rayl, Planning Manager

DATE:

November 30, 2016

SUBJECT:

Resolution No. 2016-95 / Oatmeal Festival Street Closure

Recommendation: Approval of Resolution No. 2016-95 authorizing the closure of streets for the Oatmeal Festival. Background: On January 14, 2017, Lafayette Community Events will sponsor the 21st annual Oatmeal Festival, which includes a 5K run/walk event. In order to allow the run/walk event to occur certain streets will need to be closed off to vehicular traffic. The event begins at 9:30 AM at the intersection of Geneseo Street and Harrison Avenue, and ends around 11:00 AM at the intersection of Cleveland Street and So. Public Road. Staff recommends that Council approve the following street closures from 5:30 AM until 11:30 AM for the Oatmeal Festival: • • • • • • •

Harrison Avenue from just south of Baseline Road to Simpson Street; Geneseo Street for one block between Harrison Avenue and Gough Avenue; Simpson Street from Harrison Avenue to Bermont Avenue; Bermont Avenue from Simpson Street to Emma Street; Emma Street from Bermont Avenue to Caria Drive; Miller Avenue for one block between Simpson Street and Cleveland Street; West Cleveland Street from Miller Avenue to So. Public Road

Fiscal Impact: None. Attachments:

Resolution No. 2016-95 Map of Oatmeal 5K run/walk

CITY OF LAFAYETTE RESOLUTION NO. 2016-95

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAFAYETTE AUTHORIZING TEMPORARY STREET CLOSURES FOR THE 21st ANNUAL LAFAYETTE OATMEAL FESTIVAL WHEREAS, the Lafayette Oatmeal Festival is in its 21st year; and WHEREAS, the Lafayette Oatmeal Festival is a popular family event focusing on healthy lifestyles; and WHEREAS, the Lafayette Oatmeal Festival includes a certified 5K walk/run called the Quicker Quaker; and WHEREAS, thousands of people attend the Lafayette Oatmeal Festival event each year. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lafayette, Colorado, as follows: The following street closures are effective from 5:30 a.m. to 11:30 a.m. on January 14, 2017: 1. Harrison Avenue from just south of Baseline Road to Simpson Street; 2. Geneseo Street for one block between Harrison Avenue and Gough Avenue; 3. Simpson Street from Harrison Avenue to Bermont Avenue; 4. Bermont Avenue from Simpson Street to Emma Street; 5. Emma Street from Bermont Avenue to Caria Drive; 6. Miller Avenue for one block between Simpson Street and Cleveland Street; 7. West Cleveland Street from Miller Avenue to So. Public Road RESOLVED AND PASSED THIS 6th DAY OF DECEMBER, 2016. CITY OF LAFAYETTE, COLORADO

_________________________________ Christine Berg, Mayor ATTEST:

_______________________ Susan Koster, CMC City Clerk

APPROVED AS TO FORM: __________________________________ David S. Williamson, City Attorney

To: From: Date: Subject:

Gary Klaphake, City Administrator Ron Kauffman, Building Official November 29, 2016 Contracts for 2017 / Building Inspectors / Certified Construction Services and Code Consultants International

Recommendation: Approval of the building inspection contracts with Certified Construction Services and Code Consultants International Background: The Building Division is projected to perform over 5,000 inspections by year end 2016. In order to provide timely and quality inspections to the public as the inspection demand continues to increase, staff proposes to contract with both Certified Construction Services and Code Consultants International. For over sixteen years the City has maintained a contractual relationship with Greg Cullison, Certified Construction Services, for the performance of electrical and building inspections. Mr. Cullison is a master electrician and is certified by the International Code Council in building, plumbing and mechanical inspections. Greg performs all electrical inspections for the City and other inspections as necessary. Greg has been very reliable, and the City has invested significant time with him, achieving a service attitude consistent with customer service goals, and a very high degree of code compliance. This contractual relationship allows flexibility in extending services to citizens during non-conventional hours. The contract will pay $27.00 per non-electrical inspection, and $31.00 for electrical inspections. The differential between inspection types reflects the more technical nature of the electrical inspections and is consistent with the industry. Staff has contracted with Code Consultants International for the past twelve months. Staff would use Code Consultants International to provide additional staff support to meet the demand as necessary and will schedule inspections to ensure that we maximize productivity. The contract rate will be $75.00 per hour with a 2-hour minimum. The Building Division will continue to provide the majority of the inspections in an ongoing effort to keep expenditures to a minimum. Fiscal Impact: This contract is accounted for in the Planning & Building Department’s Professional Services budget (account #01-160-8150). Attachments: None.

To:

Gary Klaphake, City Administrator

From:

Paul Rayl, Planning Manager

Date:

October 12, 2016

Subject:

Lafayette City Center Subdivision / Extension of Final Plan approval for 90 days to March 31, 2017

Recommendation: Approval of an extension of Final Plan approval for Lafayette City Center for 90 days subject to recording the Final Plan by March 31, 2017. Background: On April 19, 2016, the City Council approved the Final Plan/PUD for the Lafayette City Center Subdivision subject to recording of the final plan by December 31, 2016. For several reasons including on-going negotiations with the City regarding provisions of the Economic Development Agreement and an Ordinance for conveyance of the City owned solar panel parcel for the development, the property owner has requested a 90-day extension of the Final Plan/PUD approval. The City Council will also be considering a resolution approving the aforementioned Economic Development Agreement and Ordinance to convey the solar panel parcel at the December 6th meeting. This ordinance will require 2 readings before it can be enacted and would delay recording of the Final Plan/PUD beyond December 31, 2016. In order to ensure adequate timing for consideration and enactment of the aforementioned ordinance staff recommends approval of the 90-day extension for the Final Plan subject to recording of the Final Plan/PUD by March 31, 2017. Fiscal Impact: None Attachments: City Council Notice of Decision Dated April 19, 2016 Link to City Council Staff Report Dated April 13, 2016, Item G, Page 31

Planning & Building Department City Council Notice of Decision Type of Project: Final Plan/PUD/Site Plan/Architectural Review

Date:4-19-16 File Number: SUB-1-16, PUD-9-15, AR-13-15

Project Name: Lafayette City Center Final Plan/PUD , Site Plan/Architectural Review and Vacation Project Summary: Lafayette City Center Subdivision Replat B Final Plan/PUD, Resolution No. 2016-32, Growth Management Permit Allocation, and Site Plan/Architectural Review. This subdivision plan includes a mixed used development with 208 multi-family residential units and 18,885 square feet of commercial space. The permit allocation is for 208 permits in 2016, any unused permits carried over annually thereafter until buildout. Applicant/Owner: Rubicon Development / Lafayette South LLC Site Location: Between City Center Circle and Merlin Drive on the north side of South Boulder Road Action Taken: 1. City Council approved Lafayette City Center Subdivision Replat B Final Plan/PUD subject to the conditions of approval listed below. 2. City Council approved Resolution No. 2016-32, setting a Growth Management Permit Allocation for Lafayette City Center. 3. City Council approved the Lafayette City Center Subdivision Replat B Site Plan/Architectural Review subject to the condition of approval listed below. 4. City Council approved First Reading of Ordinance No. 15, Series 2016, Vacation of Access and Utility Easements subject to the condition of approved listed below. Final Plan/PUD Conditions of Approval: 1. Execution of an agreement with the City, and the enactment of an associated ordinance, pertaining to, and authorizing the conveyance to the Developer of that portion of the current City Hall lot that is not within Lot 2 of the proposed subdivision. 2. Recording the final plan/PUD by December 31, 2016. 3. Amending the dedication statement to remove access easement from the dedication language. 4. Adding a note to the plat, which states the access easements are private for the benefit of the lot owners. 5. Delete Note No. 7 on the final plat in its entirety. Site Plan/Architectural Review Conditions of Approval: 1. The same conditions as the 8-26-15 Planning Commission decision. Vacation of Access and Utility Easements Condition of Approval: 1. Approval and recording the Lafayette City Center Subdivision Replat B. ***************************************************************** Distribution: x File x City Attorney x Applicant x Building Official City Council x Plans Analyst Planning Commission x Public Works Crime Prevention Technician Other ____________________

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

Lafayette City Center Subdivision Replat B Final Plan/PUD Notice Of Decision Page 2

***************************************************************** 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)

STAFF REPORT To: From:

Gary Klaphake, City Administrator Susan Koster, CMC, City Clerk Susan Barker, CMC, Deputy City Clerk Date: November 28, 2016 Subject: Renewal of Pawn Shop License / EZ Pawn Colorado Inc. dba EZ Pawn Store #40110 / 406 South Public Road Recommendation: Council motion to approve the renewal of the Pawn Shop License / EZ Pawn Colorado

Inc. dba EZ Pawn Store #40110 / 406 South Public Road, Lafayette, CO 80026

Background: A complete application was received on November 22, 2016. The renewal date is December 31, 2016. The Finance Department reports that the establishment is current on their sales tax filing, utility payments and pawn fees. Please refer to the Police Department memo which notes the number of pawn slips and transaction fees and the listing of police reports filed. Staff recommends approval of the EZ Pawn renewal. Fiscal Impact: Usual fees paid Attachments: Police Memo Application for Renewal (complete application available in the Clerk’s office)

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

STAFF REPORT To: From: Date: Subject:

Gary Klaphake, City Administrator Douglas Short, P.E., Public Works Director Bradley S. Dallam, P.E., Water Resource and Capital Improvement Manager November 28, 2016 Thirteenth Interim Agreement / Northern Colorado Water Conservancy District, Northern Integrated Supply Project Water Activity Enterprise, for Participation in the Northern Integrated Supply Project

Recommendation: Approval of the Thirteenth Interim Agreement with the Northern Integrated Supply Project (NISP) Water Activity Enterprise of the Northern Colorado Water Conservancy District for continued participation in NISP project, this agreement call for a payment of $180,000.00 Background: Northern Colorado Water Conservancy District (NCWCD) has set up an enterprise for the participants of the Northern Integrated Supply Project (NISP). This enterprise oversees the permitting, design and construction of the NISP. This interim agreement includes the continued permitting costs and support as well that the initial phase of engineering and geotechnical investigation, which they have defined as Phases 3a and 4 in the agreement. Our participation in NISP is to meet our alternate water requirement associated with our inclusion into the NCWCD and will help meet the firm yield of our water rights portfolio at build out. Fiscal impact: The Water Fund has a line item for Capital Improvements, Water Rights (41-701-9420) that have $158,000.00 budgeted for NISP asseements for 2017. Attachments: None

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

Expenditures for Approval December 6, 2016 Fire Fire & Police Pension Association 2016 Volunteer Firefighter Pension Contribution

$ 119,164.00

STAFF REPORT TO: City Council CC: Gary Klaphake, City Administrator FROM: Tammy Tucker, Recreation Superintendent DATE: November 29, 2016 SUBJECT: Senior Advisory Board Appointments Recommendation: Council motion to appoint Cornelia Layton to complete a vacant Senior Advisory Board position; and to appoint Bob Magin and Carren Williams to new 3 year terms. Background: Carl Miller resigned his position on the Senior Advisory Board prior to the November 10, 2016 meeting. The Board unanimously voted to appoint Alternate Member Cornelia Layton to the Board to fill the remainder of his term, ending December 2017. Current members, Bob Magin and Carren Williams are serving terms that end December 31, 2016. The Board also voted to appoint Bob Magin and Carren Williams to new three year terms, beginning January 2017. Fiscal Impact: None Attachments: None

CITY OF LAFAYETTE RESOLUTION NO. 2016-96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO, REAFFIRMING LAFAYETTE’S COMMITMENT TO BUILD A DIVERSE, INCLUSIVE AND JUST COMMUNITY ENSURING EQUAL PROTECTION AND SERVICES FOR ALL RESIDENTS WHEREAS, the Lafayette City Council is committed to fostering and ensuring equity, social justice, and freedom from persecution, and is committed to protect the human rights of all persons regardless of race, class, gender, ethnic heritage, religious belief, LGBTQ identification, ability or immigration status; and WHEREAS, Immigrants are a vital part of the Lafayette community, and make significant contributions to the arts, culture, business and education in our City; and WHEREAS, the Lafayette community works to build a diverse and inclusive community that does not tolerate any act of racism, oppression, intimidation, harassment or racial profiling toward another individual; and WHEREAS, Lafayette authorities are committed to upholding the law and providing equal protection and quality service to all members of our community, regardless of their immigration status; and WHEREAS, Law enforcement needs the trust and confidence of the community to be successful, and the threat of deportation without criminal offense undermines the willingness of the immigrant community to share information with law enforcement that is crucial to public safety and their own personal safety; and WHEREAS, A growing number of cities in the country have reaffirmed their obligation to further the interests of American citizens by urgently implementing a humanitarian immigration policy that keeps families together and respects the right of all workers to support their families. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF LAFAYETTE: 1. That the City of Lafayette affirms the basic human rights and dignity of every human being; and be it further resolved 2. That the City Council of Lafayette affirms our continued support for the civil rights of our immigrant population; and the distinction and separation between local law enforcement authority and federal immigration authority; and be it further resolved 3. To foster an environment with policies that promote meaningful cultural, economic, community, and civic participation by immigrants, ensuring that Lafayette is a 1

welcoming and inclusive place for people of all backgrounds and identities; and be it further resolved 4. To reaffirm that local funds and resources are not used to enforce federal immigration laws, and local authorities have actively committed not to seek out and persecute individuals within the city limits because of their documented status; and be it further resolved 5. Unless otherwise required by law, or by court order, Council directs the implementation of a citywide policy whereby no city authority or employee shall inquire into the immigration status of any person, or engage in activities designed to ascertain the immigration status of any person; and be it further resolved 6. To reject the use of the word “illegal” to describe human beings and the use of the word “aliens” to describe immigrants and hereby adopts the language “undocumented” when referring to those who do not have federally recognized resident status and “immigrant” to refer to those who have migrated here from another country. RESOLVED AND PASSED THIS 6TH DAY OF DECEMBER, 2016 CITY OF LAFAYETTE: ____________________________ Christine Berg, Mayor ATTEST: _____________________________ Susan Koster, CMC City Clerk APPROVED AS TO FORM: __________________________________ David S. Williamson, City Attorney

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