City Council Meeting Recap

August 17, 2021

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City Council has resumed in-person meetings. View ways to participate remotely and in person at lafayetteco.gov/CityCouncil  

OPENING OF REGULARLY SCHEDULED MEETING
 
PUBLIC INPUT
 
ADJOURN TO LAFAYETTE LIQUOR LICENSING AUTHORITY
 
LIQUOR AUTHORITY PUBLIC HEARINGS
Approved 7-0: Public Hearing / Resolution No. 2021-52 / Approval of a New Lodging and Entertainment Liquor License / Ravenwood Company d/b/a Cannon Mine Coffee / 210 S. Public Rd.
 
Approved 7-0: Public Hearing / Resolution No. 2021-53 / Approval of a New Lodging and Entertainment Liquor License to Rock Creek Curling, LLC d/b/a Rock Creek Curling / 1405 Overlook Dr.
 
RETURN TO REGULAR BUSINESS
 
PRESENTATIONS
COVID-19 Recovery and Sustainment Update
Boulder County’s positivity rate is 3.9% over the past seven days; 80% of residents have received one vaccination dose. BCPH public health order requires masking in schools/youth programs, and strongly recommends 2+ wear masks in indoor public settings.
 
Status of City facilities
Recreation Center: Open Monday-Sunday
Library: Tuesday - Sunday
Collective: Tuesday – Sunday
City Hall: Re-opening to the public on Aug. 23; Mon-Thursday 9am-2pm.
 
Draft Comprehensive Plan Overview
A working draft of the Legacy Lafayette Comprehensive Plan has been prepared and is ready for review. The meeting presentation included a high-level overview of the document and feedback from the Planning Commission and Community Advisory Committee (CAC) joint workshop held on July 28, 2021. The Comprehensive Plan is a high-level guiding document that will influence operational, regulatory, programmatic, and land-use decisions of the City over the next 20 years. Next steps include a public review event on Sept. 2, an online public review beginning in September, a draft presentation to Planning Commission in October, and a final draft presentation to City Council in November. www.legacylafayette.org
 
Approved 7-0: 2020 Annual Financial Report
The 2020 Comprehensive Annual Financial Report is an independently audited document that reports the City’s financial activities in their entirety. Information is reported in major sections, including management’s discussion and analysis (MD&A), the government-wide financial statements, notes to the financial statements, statistics, and compliance. The statistics section reports financial trends, revenue and debt capacity, demographics, and operating information. The audit and review process went smoothly, and the City’s financial reporting systems were found to be in excellent order. For the fourth consecutive year, there were no cited issues. The 2020 Annual Financial Report can be found on the City website.
 
Second Quarter 2021 Financial Report
The Finance Department began presenting quarterly financial information to City Council in 2021. The purpose of the quarterly presentations is to provide increased transparency of the City’s financial activities and communicate revenue and expenditure trends on a regular basis. General Fund revenues from property, sales/use, and other taxes are ahead of first quarter 2020 by 15.8%, largely attributed to the shutdown during this same time in 2020. Charges for services, a diverse revenue category including building/planning, recreation, water park, and sidewalk repair fees, is 12.2% ahead of 2020.
City expenditures are under budget. General Fund expenditures are 14% under budget through June and are 0.50% below 2020 expenditures.
 
REGULAR BUSINESS
Approved 7-0: First Reading / Ordinance No. 16, Series 2021 / Business Licensing
The City currently does not issue general business licenses but does issue sales tax licenses to retailers. Consequently, there is not an accurate way to track or measure business activity in Lafayette for businesses that do not normally collect sales tax. This information gap became evident during the 2020 COVID-19 crisis when it was difficult to identify and reach out to all eligible Lafayette businesses with the City’s small business grant efforts. Further, there is not an effective way to ensure that all businesses remit use tax to the City if it is due. A combined general business and sales/use tax license for all businesses will alleviate these issues. Staff will implement the educational/communication phase of the program, with a full implementation target date of January 1, 2022.
 
Charter Amendment Ballot Question Items
Approved 7-0: Second Reading / Ordinance No. 13, Series 2021 / Amendments to the Home Rule Charter Pertaining to Gender Neutral References
The full language of this ballot measure will be available at lafayetteco.gov/2021Ballot.
 
Approved 7-0: Second Reading / Ordinance No. 14, Series 2021 / Amendments to the Home Rule Charter Pertaining to Removal of Archaic Language
The full language of this ballot measure will be available at lafayetteco.gov/2021Ballot.
 
Approved 7-0: Second Reading / Ordinance No. 15, Series 2021 / Amendment to the Home Rule Charter to Shorten Residency Qualification for City Councilors to One Year
The full language of this ballot measure will be available at lafayetteco.gov/2021Ballot.
 
Ballot Issue Items
Approved 7-0: Resolution No. 2021-54 / Public Safety Sales and Use Tax Ballot Issue
The full language of this ballot measure will be available at lafayetteco.gov/2021Ballot.
 
Approved 7-0: Resolution No. 2021-55 / Mental Health and Human Services Sales and Use Tax Ballot Issue
The full language of this ballot measure will be available at lafayetteco.gov/2021Ballot.
 
Items Related to Cash-in-Lieu Water Rights Dedication
Approved 7-0: Resolution No. 2021-56 / Cash-in-Lieu Rate
This resolution adjusts the cash-in-lieu of water rights dedication (CIL) amount from $18,900 per acre-foot (AF) to $85,700 per AF (the current market value of Colorado-Big Thompson water). Resolution No. 2021-57 repeals the existing preference resolution and restores the City’s process for assessing whether to accept CIL of a water dedication on a case-by-case basis. At City Council’s request, Resolution No. 2021-56 now includes recitals expressing Council’s desire to encourage the development of new affordable housing units in Lafayette through potential rebates, incentives, or other means that would help offset the cost of water dedications (or CIL, if allowed by the City) that a developer must provide to serve new affordable housing. The provision of any such assistance would continue to be at the sole discretion of Council. Council has given staff direction to provide an annual water report to assist with transparency.
 
Approved 7-0: Resolution No. 2021-57 / Terminate Cash-in-Lieu Preference
This resolution terminates Resolution No. 2014-52, which previously implemented a preference for accepting cash-in-lieu of water rights dedications in accordance with Section 120-94(c) of the Code. While Resolution No. 2014-52 expires automatically on December 31, 2021, this action terminates Resolution No. 2014-52 immediately upon adoption by City Council. 
 
CONSENT AGENDA
Approved the consent agenda 7-0.
 
STAFF REPORTS
City Attorney’s Report
Now that ballot titles are set, the following activities are allowed under the Fair Campaign Practices Act:

• Lafayette's city council, boards, and commissions may take a position on ballot issues and pass a resolution urging electors to vote for or against an issue, and the City may distribute such resolutions through the same channels usually used to distribute information about other council, board, and commission proceedings;
• City officials and city employees may speak out and campaign on ballot issues on their own personal time and using their personal resources;
• City councilors may spend up to $50 of City funds on phone calls, letters, or other activities incidental to expressing their opinion on any issue;
• City employees may respond to unsolicited questions or requests for information about a ballot issue;
• The City may develop and distribute a factual summary on ballot issues, which must include arguments for and against an issue, but cannot contain opinions or conclusions for or against the issue;

The following activities are not allowed:

• Except as noted above, the City cannot use or expend City funds or supplies to support or oppose a ballot issue, and the City cannot produce information for distribution that is designed to influence voters on an issue;
• City employees cannot work on a campaign during their working hours or use any City facility, equipment, or supplies for campaign work;
• No City funds, property, or vehicles can be used to advertise a position for or against a ballot issue;
• The City cannot grant an employee paid time off to work on a campaign.

 
COUNCIL APPOINTMENTS
Appointments to the Lafayette Youth Advisory Commission
Council passed a motion recommending 1) the appointment of Camila Cosentino, Lorenzo Harrison, Josie Hayes, Zoya Khan, Adam Musaev, and Anjana Radha; 2) the re-appointment of Theo Belin, Isabella Brady, Josie Briggs, Suntali Donahue, Cullen Ferron, Gianna Guido, Matthew Hinojosa, Sophie Inslee, Emaan Khan, Andrea Lasiri-Montiel, Wyatt Lunz, Lassie Moore, Fiona Muller, Liam Muller, Amy Resendiz-Salazar, Mia Reta and Isaiah Williams; and 3) the re-appointment of Morgan Kirk as an alternate member.
 
Appointments to the Public Art Committee
Council passed a motion to reappoint Josie Knapp and to move alternate Edie Johansen into a full member position. PAC will continue to recruit for two alternate positions.
 
Appointments to the Lafayette Urban Renewal Authority
Council passed a motion to appoint Marlene Martin, Faith Rodgers, and Maria Redondo.
 
COUNCIL REPORTS
Mayor Harkins

• Still hoping State COVID funding can be distributed more quickly.
  

Councilor Barnes

• Shout out for the City Stroll last weekend. Next event is Sept. 18. www.lafayetteco.gov/CityStroll
• Daughters of American Resolution inquired about projects with Historic Preservation to address the Centennial Farm, tribute to WWII veterans, and recognizing native peoples.
• Look at Open Street mapping to help residents discover other Lafayette resources.

 
Councilor Behanna

• Read a letter from LESAC to Council regarding climate legislation bill. Council indicated interest to consider.
• NW Parkway Authority meeting – traffic is just over 2013 figures and numbers are down 40%. Revenues are similar to 2011.
• The Lafayette Post Office’s 36^th anniversary was August 16 and customer service clerk Bernadette has been working there since day one.

 
Councilor Briggs

• WRAC will be attending a retreat soon. One topic of discussion will be to help events have zero waste status.

Councilor Mangat

• Vaccination clinic this Saturday at LaMont Does Park. Free food and school supplies. Info at https://www.lafayetteco.gov/CivicAlerts.aspx?AID=5974 

Councilor Wong

• Human Rights Commission is coming to Council’s next workshop to discuss the Miller name.
• Peach Festival is this weekend on Waneka Parkway.

 
Mayor Pro Tem Walton

• DRCOG is working on the next TIP cycle.