take me to the last update - (11/13 noon)
Rocket Skate’s YMCA location temporarily closed--no current e.t.a. for re-open, but it will happen eventually
Please call if you need anything and I will make arrangements
Wednesday - October 29th
Rocket Skate has suspended YMCA operations due to a change in the interpretation of the City of Lafayette code governing temporary businesses and its application to Rocket Skate. Previously, the City Planning Department determined that I was operating a mobile business. Today the city code compliance office decided that Rocket Skate is instead a "temporary business" and must immediately cease business operations on Dagny Way or face significant fines.
I have written to the City of Lafayette council in the hopes that they can rectify this situation especially considering that Rocket Skate was never a “temporary” business until an interpretation of an ordinance made it so. I would implore you to contact them with your support of Rocket Skate at by emailing council@cityoflafayette.com or by phone - City Council Phone Directory
I will update this page with the situation anytime there is news. I do hope to return to the YMCA, but will look into other options to rve-open if I must. If you need gear or services please do contact me and we can make arrangements. I appreciate your business and support in the past as well as through this difficult time.
Scott Noble - owner
Thursday 10/30 9:45 a.m.
Thanks for the numerous emails of support, please keep them coming. There have a lot of questions as well. Sparing everyone the boring details was apparently a mistake. Here they are:
Rocket Skate, has operated for the last 26 months with what I understood was the full blessing of the City of Lafayette. Before embarking on my business venture, I contacted the City of Lafayette. They informed me that I might only be able to work 120 days a year at the YMCA under a Temporary Outdoor Business permit per section 26-14-15.1 of the city code and referred me to the Planning Department for clarification. who informed me that this statute did not apply to a mobile business—the only requirements for my business, in her opinion, were a sales tax license and a solicitor’s license. The police department concurred with that assessment, informing me that as long as I was legally parked these two items were all I needed.
Based upon this information, I cashed in my retirement savings account and invested the proceeds to start Rocket Skate. After several months I moved from Broomfield to Lafayette in order to better serve my customers. On Friday, I received an email from the planning department informing me that I must cease and desist Rocket Skate at once as my business does indeed fall under the temporary business statutes. After explaining my previous conversations with planning they decided to allowed me to continue to operate while they further investigated the statute’s applications to my business. Today the planning department decided that I must file for the 120-day permit under Section 26-14-15.1 and operate only in an assigned portion of the YMCA parking lot or I will be fined for each day I work. This creates a number of issues:
- The YMCA expressed that I could not work in their lot previously as it might cause conflicts with their non-profit status and it causes concerns about additional liability.
- While the YMCA may be more open to this suggestion now, working only 120 days a year is impossible. I currently work 6 days a week, taking approximately three weeks off a year.
- The Planning Department has stated they won’t likely issue a permit for this year since I’ve already exceeded 120 days in the vicinity of the YMCA.
I’ve looked into the alternative of renting a retail location near the YMCA, but the going rates are ridiculously overpriced even if I could get the square footage reduced to fit my needs. Moving further from the YMCA would not benefit my business either with my model as an at-rink pro shop.
I don’t know what the intent of the temporary outdoor business statute originally was. It took the planning department 3 days to decide if it was applicable to my situation and this reversed an early contrary interpretation. These facts seem to indicate that it needs a little clarification. To me it seems to apply more closely to Christmas tree vendors and other seasonal businesses especially given the need for a location sketch, indicating some permanence. My business arrives, parks, opens for a few hours of business and then returns home with me. It is completely self contained inside my vehicle, not locked up and left in a corner of a parking lot as this code implies.
Ice Cream Trucks and Taco Wagons are currently exempt from any sort of additional licensing or permits in the City of Lafayette (outside Sales Tax and Board of Health permits). The difference, according to the code enforcement specialist, is that I park for a scheduled 2 to 6 hours to wait for customers instead of stopping my vehicle only when customers appear. It seems ludicrous to encourage automotive emissions in the environmentally conscious city of Lafayette. However, this is the fine line they have chosen to split in classifying me as a temporary business.
October 30, noon
City Councilor Frank Phillips sent the following response to my email:
Dear Mr. Noble,
Thanks for your email! I have asked the city administrator to look into this matter. Based on what you have said it would seem we need to take a closer look at how the ordinances, or their interpretation, got you into this problem. I would suggest you come to the next council meeting, Monday November 3rd at city hall, and address council directly during the Public Comments section of the meeting. The regular meeting starts at 6:30, with Public Comments right after the opening, so I would recommend being there no later than 6:30.
Thanks,
Frank Phillips
I am, of course, planning to attend the meeting and would appreciate the support of anyone who would be so kind as to come. Here is information on the meeting (if you click on the agenda page you will see that it is indeed on the first Monday and not Tuesday this month) http://www.cityoflafayette.com/Page.asp?NavID=250
10/31 - 12:30
I received the following email from Councilor Shatz, who has obviously been spending some time investigating my current dilemma:
Scott -
I have had some time to review City correspondence in your case and to check the code. Based on the stir this has created, I have no doubt the council will want to discuss this at some point on Monday, but I have not heard whether it will be an official item or not. In any event, I have some preliminary thoughts to share.
I am not entirely clear why the options given to you were specific to temporary, as opposed to permanent, outdoor sales and display, which was a theme in all the protests we have received. In my read of the code, however, the difference between a permanent outdoor permit and a temporary outdoor permit is simply what you call it and whether hours or some other schedule is established. Since it appears that you have been given the option to apply for this permit, I am wondering if there is any reason that you are electing not to pursue it? It may be that this entire matter could be resolved through the existing permit process.
As far as I am aware, to address a concern you expressed to staff, your site plan could be annotated or drawn in such a way as to allow appropriate flexibility for different parking spots from day to day. Our staff is generally known to help applicants, so this might be worth trying.
Though I believe legislation may be possible in this case or to cover this general topic in our code, your feedback on what does or does not work about the options you were presented would be helpful to understand.
Thanks - Alex
A permanent outdoor sales and display permit is definitely is something that needs consideration. Previously it wasn’t presented as a possibility. This once again requires permission from the YMCA in order to park and operate as well as a minor change to zoning. I am certainly going to actively pursue this. However, permission to park in the YMCA lot is far from a forgone conclusion.
This was my reply to Councilor Shatz:
Councilor Shatz,
Thanks for your attention in this matter as well as your insightful response. I just left a message with Phillip Patterson in hopes of finding out a little more about the Permanent Outdoor Sales option which sounds like a possible solution. However, the real question is the YMCA's willingness to participate in this possibility.
As a mobile business (as opposed to either the temporary or even permanent outdoor business) I've never parked in the YMCA parking lot. The original city assessment was that I could legally work from Dagny Way . Per city code 26-14-14, it is legal for a motor-home to park up to 72 hours on public right of way (my longest shift is 6 hours). The YMCA previously expressed concerns with both their non-profit status and liability if I were to park in their lot, currently they have expressed concern about complications with their pool expansion permits. Parking there, whether temporarily or as a permanent business, is not a foregone conclusion. I will however pursue this as I am open to any solution to my current dilemma.
Thanks again and warmest regards,
Scott
Fingers crossed, it looks like we might be making headway. Also, thanks again for all the support. I heard that there were 70 emails to the council in the first 12 hours after I announced the closure of Rocket Skate. You are all appreciated.
November 1- 11:00 a.m.
I spoke with Phillip Patterson at the planning department late yesterday afternoon. He informed me that he would not issue a Permanent Outdoor Sales license without the expressed consent of the city council. The verbiage in this section of the code is essentially as unclear as that surrounding the Temporary business statutes and his interpretation is that a permanent outdoor sales facility must be owned and/or operated by the same party that owns the land.
This option is far from a lock even in the event that the council approves it. While the YMCA has expressed that they would like me to remain at the rink, it has always been clear that I needed to park off their property. Although they seem open to reconsidering this stance, the YMCA’s pool expansion could be affected as the Permanent Outdoor Sales permit essentially changes the zoning for the portion of the YMCA parking lot taking away essential parking spaces. There are other questions of additional insurance requirements with the YMCA, their ability to fairly allow me to work on their property without inviting a caravan of other businesses and numerous other questions that need to be answered.
November 2 - 3:00 p.m.
I received a call from Councilor Jay Ruggeri* today. He seemed optimistic that the council could get something done. However, it sounded like a permanent resolution could take several months to enact. The good news is that he believes the council could ensure the 120-day temporary permit while a permanent solution is found. This would expedite passing one of the major roadblocks—the other being the YMCA’s cooperation in the matter by allowing the use of their parking lot.
Councilor Alex Schatz also emailed me to inform me that a discussion of the codes in question are on the agenda for the council meeting. Monday night should bring some sort of clarification to the situation. Of course there is the possibility that it will bring with it yet more questions. A large Rocket Skate contingent would certainly help with the council’s sense of urgency in the situation. The meeting is at 6:30 p.m. in City Hall, 1290 S. Public Road.
November 3 - 7:30 p.m.
City Council Meeting
Well, I've proven my skills as an orator are inferior to my skills as a writer tonight. It’s no easy task going before the city council unknowing of the rules of engagement and etiquette in their arena. I was vastly outmatched. The bad news is, as far as I can tell, that there is no way that the council will allow Rocket Skate to return to operations in exactly the same manner as previously. They have an overwhelming fear that someone will fall on their head and sue the city for allowing Rocket Skate to park on the public street. Apparently they don't realize how hard hockey player's heads are.
The good news is that the possibility of operating as a Permanent Outdoor business does appear to be settled in my favor. While Rocket Skate apparently will not be considered a mobile business, the council was able to sway the city planner to allow my application for a Permanent Outdoor Business permit. There are still some issues to iron out and it will take approximately 14-days for Rocket Skate to re-open, once the issues are resolved.
Here are the new hurdles. First, I must obtain official permission from the YMCA to operate on their lot. Second, the YMCA requires an increase in my liability insurance limits with them named on the policy. Lastly, I need to submit and have approved the Permanent Outdoor Business permit. Perhaps the biggest of these challenges will be the increase in liability insurance from my current $500,000 to $1 million. I spent 2 hours on the phone today with no luck even getting a quote for that amount.
Hopefully I will have an update on the insurance situation tomorrow. Thanks again to the many of you who emailed the council (they guessed that there were 133 emails at last count). A hearty thanks to those of you who attended the council meeting. I truly appreciate the incredible amount of support.
November 4 – 4:00 p.m.
I submitted an application for a Temporary Outdoor Sales Permit with the City Planning Department today. Once approved, this will allow Rocket Skate to operate through the end of the year. The main goals are to get back in business as soon as possible and to determine the final plan of action with the YMCA for a more permanent solution. This is a nice way to accomplish the first goal while allowing some time to complete the second. If all goes smoothly Rocket Skate could be back in operation by Wednesday, November 12 th. However, the application process can take up to 14 days which would push the re-opening back to November 19 th.
The insurance situation, a major quotient of the long-term factor, appears to be shaping up as well. I have had an acceptable estimate from a local broker and expect a formal quote sometime tomorrow. The YMCA seems amenable to the possibility of the Permanent Outdoor Sales permit for their parking lot. We have only to come to a formal agreement in order to seal the deal.
November 10 – 3:00 p.m.
The city approved my temporary sales permit, which will allow me to work through the end of the year. The plan is to upgrade to the slightly more difficult Permanent Outdoor Sales Permit at the start of next year. So this is the first of two items that I need to get back to work . . . and honestly, the one that I thought might take the longest.
The next issue is to satisfy the YMCA’s insurance needs as the city requires me to work on their lot going forward. As easy as this sounds, it is the most difficult issue I’ve faced so far. I spoke to two insurance agents last Tuesday who flat told me they couldn’t offer me coverage I need. I’m now awaiting quotes from three insurance brokers (one of whom I thought was going to have me going today). While this still isn’t impossible, it’s looking less likely. Hopefully, I will be open Tuesday at the latest.
November 10 – 5:30 p.m.
Well, no dice on insurance today—fingers crossed for tomorrow.
November 11 – 4:15 p.m.
Can you believe that much of the insurance industry apparently takes Veteran’s Day off? I’m as grateful as anyone for those who served to keep us free, but it isn’t a holiday that I’d expect to be widely observed with a day off. The bottom line for today is that I still don’t have an answer on the insurance issue. The broker I’m working with assured me he would go on the warpath if he didn’t have something for me by noon.
I’m hoping for a Wednesday reopening. I’m not entirely sure that I’m optimistic for Wednesday, but I am hoping. Happy Veteran’s Day, and if you served, thanks.
November 12— 3:00 p.m.
Well, as one hurdle is crossed another arises. It looks like the insurance issue might be resolved for tomorrow. However, another issue came up with my ability to work on the YMCA parking lot. I will have more answers (or possibly more questions to answer) tomorrow afternoon. For now, I am still in limbo. Check back tomorrow afternoon for an update.
November 13 – noon
Well, it appears to be a good thing that the insurance guys are so dang slow. There is a clause in the YMCA land title that prohibits any retail business from being set up on the parking lot. So, despite City of Lafayette approval, it's illegal for me to work there. This means that had I obtained insurance Tuesday, I would have spent thousands of dollars to be in business for about two days. (It’s painful enough that I spent thousands to be in business for 2 years). That’s the bad news.
The good news is that the YMCA is open to taking things a step further to help me out. We are currently working on an agreement that would allow me to set up shop inside the YMCA. There aren’t any details to share yet, but it could work out very nicely. A decision on this possibility will be made at the YMCA executive board meeting on Thursday, November 20 th. It may be some time before a space is created for Rocket Skate, but there have been some temporary solutions offered to that as well. I will update everyone as this plan evolves.
Thanks, as always for your prayers and thoughts.