City Council Meeting Recap

November 16, 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 LIQUOR LICENSING AUTHORITY
Approved 7-0: Public Hearing / Resolution No. 2021-84 / Approval of a New Lodging & Entertainment Liquor License / Nissi’s Coffee House Inc. / 1455 Coal Creek Dr., Unit T – Hearing Noticed in the Colorado Hometown News on November 3, 2021
 
Approved 7-0: Public Hearing / Resolution No. 2021-85 / Approval of a New Distillery Pub Liquor License / Stem Ciders Public Road LLC / 103 S. Public Road – Hearing Noticed in the Colorado Hometown News on November 3, 2021
 
RETURN TO REGULAR SESSION
 
PRESENTATIONS
Third Quarter Financial Report
City revenues are in line with budgeted expectations. General Fund revenues from property, sales/use, and other taxes are ahead of 2020 by 10.9%, largely attributable to strong performances in the sales tax, building use tax, and motor vehicle tax categories. Charges for services, a diverse revenue category including building/planning, recreation, water park, and sidewalk repair fees, is 13.2% ahead of 2020. Detailed reports are available in the meeting packet.
 
LAND USE ITEMS
Approved 7-0: Public Hearing / First Reading / Ordinance No. 24, Series 2021 / Approving the Periodic Update of the City of Lafayette Comprehensive Plan – Hearing Noticed in the Colorado Hometown News on November 3, 2021
After a two-year public process and guidance from the community, Community Advisory Committee (CAC), and Planning Commission, the Legacy Lafayette Comprehensive Plan is being presented to City Council for review and adoption at first reading. The presentation reviewed public outreach, working draft refinements made since the prior review, and details outlining the Planning Commission’s recommended action and recommended conditions of approval. 
 
Items Pertaining to Silo Subdivision Filing No. 1, Replat A
The applicant (owners and developers) is requesting to realign some single family lots in Silo Filing No. 1. In re-aligning the lots, portions of other lots, outlots, public rights-of-way, sidewalks, and emergency vehicle access easements first must be vacated (removed) and subsequently reestablished in slightly different locations with the amended plat. No changes to the quantity of lots, outlots, or type of uses are being proposed with this application. All the lots affected by the proposed Replat A are vacant. The property is located west of the southwest intersection of Hwy 287 and Arapahoe Road.

Approved 7-0: Public Hearing and First Reading / Ordinance No. 29, Series 2021 / Conditionally Vacating Certain Rights-of-Way and Certain Easements in the Silo Subdivision Filing No. 1 Final Plat – Hearing Noticed in the Daily Camera on November 5, 2021
Approved 7-0: Resolution No. 2021-91 / Approving the Silo Subdivision Filing No. 1, Replat A Final Plat, With Conditions, and Authorizing the Execution of an Amendment to the Silo Subdivision Filing No. 1 Development Agreement

Approved 7-0: First Reading / Ordinance No. 30, Series 2021 / Approving a Ditch Lateral Easement Agreement between the City of Lafayette, Hearteye Village Land Company, LLC, and the Weems Neighborhood Metropolitan District

Approved 7-0: Resolution No. 2021-92 / Approving the Superseding Amendment to Ditch Crossing and Easement Relocation Agreement (Davidson High Line) pertaining to the Silo Subdivision Filing No. 1, Replat A Final Plat

Approved 7-0: Resolution No. 2021-93 / Approving the Superseding Amendment to Ditch Crossing and Easement Relocation Agreement (Ninemile) pertaining to the Silo Subdivision Filing No. 1, Replat A Final Plat
 
Items Pertaining to Sundar Subdivision Filing No. 1, Tract A
The property owner has submitted a Final Plat for review of the second phase of the Sundar Apartment project. Phase 1 was approved in December 2018 and, as part of the initial subdivision of the site, Tract A was platted as a future site for Phase 2. The property is located on the northwest corner of Hwy 287 and Dillon Road.

Approved 7-0: Resolution No. 2021-81 / Sundar Phase 2 Final Plat

Approved 7-0: Resolution No. 2021-82 / Sundar Phase 2 Site Plan and Architectural Review
 
REGULAR BUSINESS
Items Pertaining to Utility Rate Adjustments and Utility Billing and Payment Procedures
Over the past several years, periodic updates have been provided on efforts to better understand current and future water needs, the cost of reliably meeting those needs, and strategies to ensure that water utility enterprise revenues are sufficient to cover expenses. Past meeting links are included in Attachment B in the meeting packet. A key focus through the 2022 budget process has been on ensuring that revenues from monthly rates and fees assessed to water customers are keeping pace with anticipated costs of significant water supply projects that the City has committed to fund in the immediate future. 


This agenda item includes Council consideration to amend certain utility billing procedures and eliminate interest rates associated with delinquent water accounts; modify certain elements of the methodology used to calculate water utility charges; adopt updated fixed charges and usage charges for water customers; and update the stormwater utility fee schedule to remove increases schedule for 2022.
 
Approved 7-0: First Reading / Ordinance No. 27, Series 2021 / Amending Sections 120-61 and Section 120-63 of the Lafayette Code of Ordinances Regarding Utilities and Solid Waste Billing and Payment Procedures
Approved 7-0: First Reading / Ordinance No. 28, Series 2021 / Amending Sections 120-57 and 120-58 of the Lafayette Code of Ordinances Regarding the Schedule for Water Service Charges

Approved 7-0: Resolution No. 2021-86 / Adjusting Water Service Rates and Charges Pursuant to Sections 120-57 and 120-58 of the Lafayette Code of Ordinances, Commencing January 1, 2022

Approved 7-0: Resolution No. 2021-87 / Adjusting Storm Water Utility Fees Pursuant to Sections 104-18(1) and 104-20 of the Lafayette Code of Ordinances, Commencing January 1, 2022
 
Approved 7-0: Resolution No. 2021-89 / Approving a Multi-Year License Agreement with Thorne Nature Center
Thorne Nature Experience is interested in relocating its main headquarters and learning center to a commercial lot on Old Laramie Trail in Lafayette. Thorne plans to build a new nature center and main offices include a facility that will be immediately adjacent to Coal Creek Open Space. As part of the vision for their future facility, they are requesting a license agreement with the City which would allow them to utilize the Coal Creek Open Space for outdoor education programming. Coal Creek Open Space (adjacent to Thorne’s future development) provides a natural environment whereby Thorne could conduct outdoor education programming for their school age client base.


Motion approved 7-0: Consideration of Mayhoffer Management Plan
The 165-acre Mayhoffer Farm property is a key part of the urban buffer separating the cities of Lafayette and Louisville and was identified as a high-priority acquisition in the 1990s. The farm was acquired jointly by Boulder County, the City of Lafayette, and the City of Louisville in 2017. The CU Masters of the Environment (MENV) Program selected the RFP for the Mayhoffer Farm Management Plan as a capstone project in early 2021. The CU Student Team has worked with staff from the three partner agencies over the past seven months to develop a management plan for the Mayhoffer Farm Open Space property. The goal for this meeting is to obtain feedback on the plan and a recommendation for approval.
 
Items Pertaining to the 2021 Sales Tax Ballot Issues
The City Council referred two ballot measures to the voters on November 2, 2021, that, if approved, would result in sales and use tax increases for the purposes of addressing certain public safety services, and mental health and human services. Preliminary election returns show that the measures are likely to be approved by voters (pending certification). The ordinances each create a special fund to house the revenue and restrict the revenues to those uses designated by the City Council in the Resolutions No. 2021-54 and No. 2021-55, which referred the measures to the voters.  
 
Motion approved 7-0: First Reading / Ordinance No. 25, Series 2021 / Implementing New Sales Tax Increase for Public Safety

Motion approved 7-0: First Reading / Ordinance No. 26, Series 2021 / Implementing New Sales Tax Increase for Mental Health and Human Services
 
PROCLAMATIONS
Proclamation / Shop Small Saturday
Shop Small is a national event encouraging consumers to shop locally. Each year, on the Saturday after Thanksgiving, millions of individuals, businesses, and communities embrace the Shop Small Saturday concept nationwide. The City’s website, www.lafayetteco.gov/ShopSmall, features a list of participating Lafayette businesses who will be providing special offers on Nov. to celebrate Small Business Saturday.
 
Approved 7-0: CONSENT AGENDA

• Approval of the November 1, 2021, City Council Meeting Minutes
• Second Reading / Ordinance No. 23, Series 2021 / 2021 Budget Supplemental
• Resolution No. 2021-88 / Intergovernmental Agreement with Mile High Flood District /Capital Improvement Program Funding
• Resolution No. 2021-90 / Agreement with the Flatirons Library Consortium for Shared Library Services
• Motion / Consideration of Volunteer Firefighter Pension Plan Change
• Contract / ZTL Partners, LLC / Clubhouse Siding Replacement
• Contract / GreenONE Industries, Inc. / Whitetail Park Drainage Improvements
• Contract / Mojos Inc. / Janitorial Service

 
STAFF REPORTS
City Attorney’s Report

• There is an opportunity for the City to join in EPA rulemaking related to oil and gas. More information will be brought before Council at an upcoming meeting.

 
COUNCIL REPORTS
Councilor Barnes

• Re-joining the Front Range Library Consortium is very positive.   
• The Library Board is taking up discussions on how to develop a recommendation for the Miller naming project.

Councilor Behanna

• Received a nice complimentary email about Naturalist Martin Ogle and his work with the Waneka Lake amenities. He is effectively connecting with many community groups.

Councilor Briggs

•  Waste Reduction Advisory Committee is deciding how to spend the last of their funding.

Councilor Mangat

• Public Art Committee is looking at applications for new Art on the Street sculptures.
• The Lafayette Youth Advisory Commission is so enthusiastic, involved, and productive. So cool to see this in our youth.

Mayor Pro Tem Walton

• The Open Space Committee discussed the underpass at Horizon. Looked at $200k and $800k options. Moving forward with the $200k option to reconstruct an at-grade crossing. Mile High Flood District had brought up a potential project in that area to address the flood plain area earlier this year. 
• Expanding on kudos to Martin Ogle – his passion combined with our new Natural Resources Coordinator is bringing great benefits.
• The Outdoor Classroom improvements are wrapping up and will be beneficial.
• Went to the Water Symposium Fall Retreat. It was very awesome. Frank Kinder would be a great resource for water messaging. Lots of opportunities for grants and HOA audits. Perhaps he could do a Council presentation.
• Represented Lafayette at the Human Services Alliance meeting. Looked at business supports during COVID. Asked us to keep in mind labor market and rising wages. Non-profits are struggling to compete and are concerned about providing services. Discussed OSHA vaccine requirements – what businesses are impacted and how can we support them? Can we open testing sites?

 Councilor Wong

• Human Rights Commission is holding a December retreat to plan for 2022.
• Santa Cop is taking cash and toy donations through Dec. 3 info at www.lafayetteco.gov/Police
• Friday at 4:00 is ribbon cutting ceremony for the new curling facility.

ADJOURN TO EXECUTIVE SESSION
Pursuant to Colorado Revised Statutes section 24-6-402(4)(f)(I) to discuss personnel matters pertaining to the City Administrator’s performance evaluation