HomeMy WebLinkAboutCity Council Agenda Packet 04/22/20136:45 p.m. Pre-Meeting
CITY COUNCIL MEETING
CITY OF WHEAT RIDGE, COLORADO
7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
April 22, 2013
7:00p.m.
Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat
Ridge . Call Heather Geyer, Administrative Services Director, at 303-235-2826 at least one week in advance of a
meeting if you are interested in participating and need inclusion assistance.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLLCALL OF MEMBERS
APPROVAL OF MINUTES OF AprilS, 2013
PROCLAMATIONS AND CEREMONIES
Essay Contest Winners (6th & 8th grade)
National Crime Victim's Rights Week
Day Without Hate
Mental Health Month -May, 2013
CITIZENS' RIGHT TO SPEAK
a. Citizens, who wish, may speak on any matter not on the Agenda for a maximum of 3
Minutes and sign the Public Comment Roster.
b . Citizens who wish to speak on Agenda Items, please sign the GENERAL AGENDA
ROSTER or appropriate PUBLIC HEARING ROSTER before the item is called to be
heard.
APPROVAL OF AGENDA
DECISIONS, RESOLUTIONS AND MOTIONS
.L Motion adopting the 2012-2013 Colorado Municipal League Policy Statement
2. Resolution 14-2013-authorizing Wheat Ridge's participation in the 2013 Metro
Mortgage Assistance Plus Program and delegating to the City and County of Denver the
authority of Wheat Ridge to take action and exercise power under a Delegation And
Participation Agreement on behalf of Wheat Ridge with respect to the program
CITY COUNCIL AGENDA: April 22 , 2013
DECISIONS, RESOLUTIONS AND MOTIONS con't
Page -2-
~ Resolution 15-2013-approving the Sex Offender Tracking and Registration System
(SOTAR) Intergovernmental Agreement with the Board of County Commissioners of the
County of Douglas , Colorado
4 . Resolution 16-2013-amending the Fiscal year 2012 Budget to reflect the approval of
increased available beginning fund balance in certain funds
~ Motion to appoint Deborah Bollig to the Cultural Comm ission , District IV, term ending
March 2 , 2014
CITY MANAGER'S MATTERS
CITY ATTORNEY'S MATTERS
ELECTED OFFICIALS' MATTERS
ADJOURN to Study Session
CITY OF WHEAT RIDGE, COLORADO
7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
April 8, 2013
Mayor DiTullio called the Regular City Council Meeting to order at 7:00 p .m .
ROLLCALL OF MEMBERS
Joyce Jay Mike Stites
Joseph DeMott George Pond
Davis Reinhart
Kristi Davis
Bud Starker
Tracy Langworthy
Also present: City Clerk, Janelle Shaver; City Treasurer, Larry Schulz; City Attorney,
Gerald Dahl; City Manager, Patrick Goff; Police Chief, Daniel Brennan; Public Works
Director, Tim Paranto; Senior Planner, Meredith Reckert; other staff, guests and
interested citizens.
APPROVAL OF MINUTES OF March 25, 2013
Motion by Councilmember Stites for approval of the Minutes of March 25, 2013;
seconded by Councilmember Starker and Reinhart; carried 8-0.
PROCLAMATIONS AND CEREMONIES
Mayor DiTullio read proclamations for the following:
Volunteer Appreciation Week
Police Chief Daniel Brennan received the recognition and spoke about the importance
of volunteers in the Police Department. Anyone interested in volunteering should
contact him.
Mayor's Day of Recognition for National Service
Kaitlin Fischer from AmeriCorps VISTA was present to receive the proclamation. She
helped with the recent Food and Film series, and reported that this spring some
AmeriCorps volunteers will be helping with upgrades at the Happiness Gardens and at
a local urban farm.
Arbor Day and Tree City USA
Devon Buckles from Urban Waters, along with Rick Murray and Margaret Paget from
the WR Parks & Recreation Department, were on hand to receive the proclamation.
Devon had flyers available for the Revive the Greenbelt project that will be planting
trees in the Greenbelt on April27. People are welcome to come help. -She
commended the City's continued efforts regarding trees by outlining the requirements
necessary to remain a Tree City. Illustrating the value of trees she noted a recent report
City Council Minutes April 8, 2013 Page 2
from the Forestry Service which calculates the economic benefit of the tree canopy in
the Metro area. It shows Wheat Ridge alone saving $12.5M due to trees. $10.2M of
that is in increased property values; $1.9M is saved in reduced storm water
management costs; and $447K is saved by WR residents in reduced cooling costs. -
She presented Mayor DiTullio with the City's 34th Tree City USA award .
CITIZENS' RIGHT TO SPEAK
Ted Heyd reported that 32 businesses and agencies have signed on to LiveWell's
support of the 38th Avenue Corridor Plan . It's good for business; it's healthy; and it
contributes to social vitality.
Jerry Nealon, a business owner on 38th Avenue, thanked the City for all the efforts on
38th Avenue . It's really coming along. -He reported the Leadership Committee is
having 7 events coming up this year in the corridor. The Leadership Committee also
hired a firm to create a website for the Ridge at 38 so businesses can stay linked and
remain updated on what's going on.
By unanimous consent an executive session was added to the end of the Agenda,
concerning the City's rights under its gas and electric franchise.
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
1.. Resolution 13-2013-Approving a Fifty-Three Lot Subdivision Plat with Right-Of-
Way Dedications for property zoned Planned Residential Development (PRO)
located at 11885 W. 38th Ave. (Case No. WZ-12-01/ Doud Overlook)
Mayor DiTullio opened the public hearing.
Councilmember Stites introduced agenda Item 1.
Mayor DiTullio swore in the speakers for the hearing.
Meredith Reckert, Senior Planner did the staff presentation. She entered into
the record the zoning ordinance, case file and packet materials, and the contents
of the digital presentation. Posting and notification requirements have been met.
Meredith began with a general review of the subdivision process and continued
with specifics for this subdivision.
The 15 acre property contains a house and out buildings that were built in 1946
and will be demolished as part of the development. The property was rezoned
from A-2 and R-1 to PRO in 2007. The 53 lots average about 4.5 units per acre,
City Council Minutes April 8, 2013 Page 3
with the larger lots being on the perimeter. The detention pond will be located at
the northeast corner of the subdivision. Application into the Westridge Sewer
District is pending. The Ute Ladies Tresses, an endangered orchid, are located
just north of the development. Parks and Recreation has recommended a fee in
lieu of parkland dedication. A Homeowners Association will be responsible for
maintenance of common elements including buffer areas on 38th Avenue, the
entrance median, the detention pond, and the gated, hard surface fire access on
38th . The Planning Commission has recommended approval with the 6
conditions listed in the motion. The Planning Commission also included a ih
condition to direct that the parkland fees be spent in the 381h Ave corridor from
Youngfield to Kipling . Staff is not including that condition in its recommendation.
Kent Carlson, the applicant, talked about some very minor changes that have
been done to the plat for safety reasons -primarily the secondary access on 38th
Avenue for the fire department.
Steve Laeriola, a neighbor of the development, has been going to meetings for
this for 5 years. He testified that all of the discussion has been about the trail. He
is concerned about the endangered species and wonders why there is no trail to
the greenbelt included in the plan. Another alternative is to have some pocket
parks within the development. There is no place for people to walk their dogs.
Greg Miller, a neighbor to the development, has also been to years of meetings
on this development. He thinks the developer should have to put a trail into the
greenbelt. It won't be a welcoming neighborhood if it's totally fenced off.
Meredith fielded questions and comments from council: Sidewalks will be on the
exterior lots only; no pocket park; the use of vertical curb on 38th and mountable
curb within the development; the developer is responsible for burying the utilities
in the development and on 38th Ave .; the City has never asked a developer to
include its own "park" in a development; staff believes the deep slope and the
Ladies Tresses make the addition of the trail impractical; a trail would have to be
ADA compliant; the Planning Commission's recommendation #7 was not brought
back to the Parks Board, but was deleted administratively; the tree lawns within
the development will provide places for dogs' necessities.
Mayor DiTullio closed the public hearing.
Motion by Councilmember Stites to approve Resolution No. 13-2013, a
resolution approving a fifty-three lot subdivision plat with right-of-way dedications
for property zoned Planned Residential Development (PRO) located at 11885 W .
38th Avenue , for the following reasons:
1. City Council has conducted a proper public hearing , meeting all public notice
requirements as required by Section 26-109 and 26-407 of the Code of Laws.
City Council Minutes April 8, 2013 Page4
2. The requested subdivision has been reviewed by the Planning Commission,
which has forwarded its recommendation.
3. The Subdivision plat has been found in compliance with Article IV of Chapter
26 of the Code of Laws.
With the following conditions:
1. Property addresses be added to Sheet 3 of the plat document prior to
recordation
2. The HOA covenants be provided for staff review prior to plat recordation
3. The developer continue working with Jefferson County Open Space and the
City regarding protection of the Ute Ladies' Tresses orchid populations and
procurement of the temporary and permanent easements in the open space
area
4 . Prior to plat recording, adequate assurance must be in place with Westridge
Sanitation District on their ability to serve the property
5. The property be assessed for fees in lieu of parkland dedication based on the
appraised value of the land after land entitlements have been approved . Said
fees to be paid prior to recordation of the subdivision plat
6. The developer enter into a City standard subdivision improvement agreement
with required security prior to recordation of the subdivision plat;
Seconded by Councilmember Reinhart; carried 8-0.
Council Bill No. 05-2013 -approving the rezoning of property located at 6700 W.
44th Avenue from Restricted Commercial (RC) to Mixed Use-Neighborhood (MU-
N) (Case No. WZ 13-01/Camaros Plus)
Mayor DiTullio opened the public hearing.
Councilmember Jay introduced agenda Item 2.
Clerk Shaver assigned Ordinance 1536.
Mayor DiTullio swore in the speakers for the hearing.
Lauren Mikulak, City Planner, entered into the record the case file, the zoning
ordinance, the Comprehensive Plan and contents of the digital presentation. All
appropriate posting and notification requirements have been met.
Lauren went through the digital presentation. Surrounding zoning that faces 44th
Avenue is commercial. Property to the south on Pierce and Otis is zoned R-2.
The property is currently zoned RC (Restricted Commercial) which does not
allow auto-related uses, but does allow outdoor storage with screening . The
requested MU-N zoning allows auto-related uses (with no outdoor storage) as
conditional uses only, and does not allow outdoor display . The applicant is
City Council Minutes April 8, 2013 Page 5
proposing to put his auto restoration business in the eastern portion of the
buildings. A small retail component will face 44th . No other changes in use are
planned . The Comprehensive Plan calls for mixed use in this area, niche
businesses and protection for nearby residents. This plan satisfies all of that.
Staff and the Planning Commission recommend approval of the zone change
because it will not adversely affect the public welfare and MU-N is compatible
with the surrounding area
Steve Pelletier, applicant and potential owner, said he has crews scheduled to
come in to clean up the trees , parking lot and fencing immediately upon taking
possession (April 1 0) -well before the Conditional Use Permit requires. He
thanked the City for its time; he looks forward to moving his business to Wheat
Ridge. The City has been very helpful compared to other cities he's worked with .
Steve Art, WR Economic Development Manager, reviewed the process that was
used to get this rezoning done quickly and commended staff for being so helpful.
Mr. Pelletier said he does not plan to enlarge the building footprint because this
space is already almost double what he had in Arvada. He has an industrial
zoned lot in Arvada he uses for outdoor storage, but it was too expensive to
move his business to that location in Arvada. His cars are high end products that
are sold at public auction. They will not be stored or displayed outside .
It was noted that the property is actually 2 lots, but re-platting is not required for a
change in use . That would only be necessary if the building footprint changed.
Additionally, the current zoning allows for more intense uses so the MU-N zone
actually offers more long-term protection for the neighborhood.
Mayor DiTull io closed the public hearing.
Motion by Councilmember Jay to approve move to approve Council Bill No. 05-
2013 an ordinance approving the rezoning of property located at 6700 W . 44~
Avenue from Restricted Commercial (RC) to Mixed Use-Neighborhood (MU-N),
on second reading and that it take effect 15 days after final publication , for the
following reasons:
1. City Council has conducted a proper public hearing meeting all public notice
requirements as required by Section 26-109 of the Code of Laws.
2 . The requested rezoning has been reviewed by the Planning Commission,
which has forwarded its recommendation .
3. The requested rezoning has been found to comply with the "criteria for
review" in Section 26-112.E of the Code of Laws
Seconded by Councilmember Davis; carried 8-0
City Council Minutes April 8, 2013 Page 6
~ Council Bill No . 07-2013-extending a Temporary Moratorium on the
submission, acceptance , processing , and approval of applications for a permit or
license for any Marijuana Establishment or Marijuana Club
Mayor DiTullio opened the public hearing .
Councilmember Stites introduced agenda Item 3.
This ordinance will provide the City staff with the time necessary to develop
appropriate policies.
Clerk Shaver assigned Ord inance 1537 .
Mr. Dahl noted that this ordinance does not affect medical marijuana clubs .
There was no discussion .
Mayor DiTullio closed the public hearing .
Motion by Councilmember Stites to approve Council Bill No . 07-2013 , an
ordinance extending a temporary moratorium on the submission , acceptance ,
processing and approval of any application for a City permit or license to operate
a marijuana establishment or marijuana club, on second reading and that it take
effect 15 days after fina l publication ; seconded by Councilmember Pond ; carried
8-0
DECISIONS, RESOLUTIONS AND MOTIONS
4 . Motion to ratify the District Ill Mayoral appointment to Renewal Wheat Ridge ,
term to expire November 30 , 2014
Councilmember Pond introduced agenda Item 4 .
Mayor DiTullio announced his choice for appointment is Loretta DiTirro.
Motion by Councilmember Pond to ratify the District Ill Mayoral appointment of
Loretta DiTirro to Renewal Wheat Ridge , term to expire November 30, 2014 ;
seconded by Councilmember Stites ; carried 8-0.
CITY MANAGER'S MATTERS
Mr. Goff announced the City is hosting an E-waste recycling event on Saturday, April 27
at Anderson Park from 9 :00-1 :00 . Folks can bring in their unwanted electronics for a
small fee .-He also announced that a WR business , Brothers Redevelopment, is
sponsoring a free Paint-a-thon for up to 100 local seniors ' homes. To qualify a senior
must 60 years or older, live in or own their home , expect to be there for at least one
more year and have a limited income . Details are available at
www.brothersredevelopment.org or on the C ity webs ite . -Mayor DiTullio inqu ired
City Council Minutes April 8, 2013 Page 7
about the status of the request from Rocky Mountain Bottling to have glass recycling
bins around town. Mr. Goff said they 're working on it.
CITY ATTORNEY'S MATTERS
CITY CLERK'S MATTERS
ELECTED OFFICIALS' MATTERS
Tracy Langworthy invited the public to Large Marge 's this Thursday evening from 5 :30
-7 :00 pm for the next Liver Local event. It's on Kipling diagonal from the Rec Center.
They'll be having some specials .
Mike Stites reported the opening of a new business in town. The People's Market is at
29th and Depew and features products produced in Colorado . Check them out. Mike 's
positive thing will start tomorrow with the snow. Get your walks cleared and help your
neighbor with his .
Bud Starker also welcomed the People 's Market to 29th & Depew. The owner is Brook
White and they opened last Friday. They have great food stuffs and fresh bread .
Kristi Davis reported lots of calls about a sign on 38th Avenue last week. It was an
April Fool 's joke and if you saw the sign you will know what she's talking about.
George Pond thanked Steve Aeriola and Greg Miller from District Ill for coming in to
comment on the subdivision . Even though it didn't go the way they wanted he still
appreciates their participation . He also called attention to the hard work the Parks
Commission and the Planning Commission did related to this project. He hopes the
Parks staff will consider the Planning Commission recommendation to keep some of
those funds in District Ill along 38th Avenue .
Motion by Mr. Stites to go into Executive Session for a conference with the City
Attorney under Charter Section 5 .7(b)(1) and Section 24-6-402(4)(b), C.R.S .,
specifically: for legal advice concerning the City's rights under its gas and electric
franchise ; and to adjourn the Council meeting at the conclusion of the executive
session; seconded by Mr. Reinhart ; carried 8-0
The regular Council Meeting adjourned at 8:31 pm
APPROVED BY CITY COUNCIL ON April 22 , 2013 BY A VOTE OF __ to __
City Counci l Minutes April 8, 2013 Page 8
Davis Reinhart , Mayor pro tern
The preceding Minutes were prepared according to §4 7 of Robert 's Rules of Order, i.e .
they contain a record of what was done at the meeting , not what was said by the
members . Recordings and DVD 's of the meetings are available for listening or viewing
in the City Clerk's Office , as well as copies of Ordinances and Resolutions .
... \~~
... ~ .,. City of • JP'Wheat~ge
ITEMNO:_r _
DATE: April22, 2013
REQUEST FOR CITY COUNCIL ACTION
--~
TITLE: MOTION ADOPTING THE 2012-2013 COLORADO
MUNICIPAL LEAGUE POLICY STATEMENT
D PUBLIC HEARING
~ BIDS/MOTIONS
D RESOLUTIONS
QUASI-JUDICIAL:
D ORDINANCES FOR 1ST READING
0 ORDINANCES FOR 2N° READING
D YES
~r
ISSUE:
Adoption of the 2012-2013 Colorado Municipal League (CML) Policy Statement
PRIOR ACTION:
None
FINANCIAL IMPACT:
None
BACKGROUND:
The CML Policy Statement has evolved throughout the history of CML and guides the CML
Executive Board, committees, and advocacy team during the legislative session and throughout
the year. The CML Policy Committee, which is open to representation from each municipal
member, is charged with developing policy recommendations and proposing amendments to the
Policy Statement. Councilmember Reinhart represents the City on the Policy Committee and
Councilmember Starker is the alternate.
The Policy Statement consists of several major policy items, but is not all inclusive. When
legislation or policy issues are considered, the CML staff, Policy Committee, and Executive
Board look first to the Policy Statement to develop recommendations and formal positions. If a
Council Action Form
April 22, 2013
Page2
specific issue is not found within the Policy Statement, then the Policy Committee and the
Executive Board will consider and establish a CML position, if any.
Adoption of the CML Policy Statement by City Council will provide guidance to the City's
representatives on the Policy Committee when voting on policy issues at Policy Committee
meetings.
RECOMMENDATIONS:
Adopt the 2012-2013 Colorado Municipal League Policy Statement
RECOMMENDED MOTIONS:
"I move to adopt the 2012-2013 Colorado Municipal League Policy Statement."
Or
"I move to not adopt the 2012-2013 Colorado Municipal League Policy Statement for the
following reason(s) "
REPORT PREPARED BY:
Patrick Goff, City Manager
ATTACHMENTS:
1. 2012-2013 CML Policy Statement
About the CML policy statement
Colorado Municipal League
1144 Sherman Street
Denver, CO 80203
303-831-6411 I 866-578-0936
www. em/. org
CML supports cooperation among local, state, and federal officials to provide a strong partnership with Colorado's cities and
towns . CML employs a dedicated advocacy team, a reliable source of information about legislative issues and their impact on
Colorado's cities and towns and their residents.
The CML Policy Statement has evolved throughout the history of CML and guides the CML Executive Board, committees,
and advocacy team during the legislative session and throughout the year. The CML Policy Committee, which is open to
representation from each municipal member and CML section, is charged with developing policy recommendations and
proposing amendments to the Policy Statement. During the business meeting (held each year at the CMLAnnual
Conference), CML members consider any recommendations and adopt the Policy Statement for the next year.
The CML Policy Statement consists of several major policy items, but is not all inclusive. V\lhen legislation or policy issues are
considered, the CML staff, Policy Committee, and Executive Board look first to the Policy Statement to develop
recommendations and formal positions. If a specific issue is not found within the Policy Statement, then the Policy Committee
and the Executive Board will consider and establish a CML position, if any.
We welcome input and suggestions from members on CML policy and positions . We remain proud to be your source for
advocacy, information, and training.
If you have questions or comments about CML policies, please contact Kevin Bommer, legislative advocacy manager, at
kbommer@cml.org, 303-831-6411, or 866-578-8175.
Local control and municipal home rule
In order to consider local conditions and address local desires, community issues and needs should be addressed locally. State
and federal government interference can undermine home rule and local control. Therefore, the League :
o Urges state and federal officials to respect Colorado's tradition of local control and allow municipal officials to address local
problems without interference from the state and federal government.
o Urges congress and the executive branch to respect the roles and responsibilities of states and local governments and
similarly urges state officials to avoid preempting local authority.
o Supports state enabling legislation that provides municipalities with authority and flexibility to address local needs .
o Recognizes the desire of the citizens statewide and in many local communities, with adoption of a constitutional amendment
in 1902 and expanded amendments approved in 1912 and 1970, to establish municipal home rule and opposes state action
that attempts to weaken home rule authority and flexibility .
Intergovernmental cooperation
Citizens are best served when officials of federal, state and local government (including municipalities, counties, special
districts and school districts) respect the roles of each entity and work toward common solutions . Therefore, the League:
o Supports increased dialogue and cooperation among federal, state and local officials and the development of cooperative
intergovernmental solutions to common problems.
State and federal mandates
Programs and regulations mandated by the state or federal government stretch the financial resources of municipalities . These
costs , if not paid by the state or federal government, prevent municipalities from fulfilling local needs and priorities. Therefore ,
the League :
o Opposes unfunded state and federal mandates that impose financial burdens on municipalities and their citizens.
o Supports the requirement for the General Assembly and Congress to reimburse municipalities for the cost of state
mandates, and to make more clear this requirement in state fiscal notes prepared for the General Assembly and Congress .
State fiscal fair play
Municipal finances are closely interrelated with state finances and policies . State adherence to fiscal fair play policies will
greatly help municipalities and their citizens . Therefore , the League :
o Supports appropriate action to address the state and local financial crises caused by the interaction of various constitutional
amendments and the economy.
o Supports continued state sharing with municipalities of equitable portions of existing and future revenues derived from
traditional state-collected , municipally-shared sources .
• Urges the state to avoid or exercise restraint in relying on fees, charges and other cash funding of programs that affect
municipalities, especially in the areas of technical assistance , in programs where municipal participation is mandated by
state law, and in regulatory programs that affect municipalities.
• Opposes state-granted exemptions or other state actions that erode municipal sales, use , property and other revenues
unless the state provides adequate replacement revenues .
• Opposes disproportionate cuts in state programs that benefit municipalities.
• Opposes the state utilizing local funds or requiring local governments to collect state revenues in order to fund state
programs .
Sales and use taxes
The primary revenue sources for municipalities are local sales and use taxes . Statewide, municipalities generate more than $5
in these taxes to every $1 of property taxes. Sales and use taxes have enabled municipalities to fund public services and
improvements and keep municipal property taxes relatively low. Appropriate actions at federal, state and local levels should
preserve or enhance these local revenues . Therefore, the League :
• Supports retention of authority for all municipalities to set local tax rates and for home rule municipalities to collect their own
taxes and determine their own tax bases.
• Supports broadening the state sales and use tax base.
• Supports appropriate legislation or court action allowing state and local governments to require businesses to collect state
and local sales and use taxes on remote sales.
• Supports cooperative efforts among municipalities to standardize municipal sales and use tax practices and utilization of
technology for the convenience of taxpayers , the business community, and municipalities.
• Opposes further reductions in the state and local sales and use tax base .
• Opposes legislation that would preempt the authority of state and local governments to apply their sales and use taxes to
remote sales .
Miscellaneous finance issues
The League :
Capital financing
• Opposes any efforts to abolish or impair the effectiveness of the municipal bond interest exemption .
• Supports enhancement of municipalities' flexibility to finance public projects economically and efficiently.
Double taxation
• Supports state legislation and local practices that eliminate the financial inequities created by the imposition of taxes on
municipal residents for county services that are provided primarily or solely to residents in unincorporated areas.
Federal policies
• Supports distribution of federal funds to municipal governments with a minimum of red tape and without excessive diversion
at the federal and state levels .
• Supports establishment of advisory committees comprised of local government officials to ensure ongoing local input on
state assumption and administration of federal programs that affect local governments .
• Supports continued funding of the Community Development Block Grant program .
• Supports continued direct funding of federal housing programs.
• Supports funding the Energy Block Grant program .
• Supports repeal of the Davis-Bacon Act or revisions thereto , including raising the project exemption amount , to eliminate
wasteful red tape and enable state and local governments to stretch tax dollars for public works projects .
• Supports repeal or revisions in the application of the Fair Labor Standards Act to local governments to avoid the Act's costly
and burdensome impacts on local government operations.
• Encourages recognition of Colorado's unique economic , social and physical characteristics when federal action affects
programs or projects of local concern.
• Opposes the direct or indirect taxation of the activities and operations of municipal government.
• Opposes tax reform proposals that would exacerbate the federal deficit, increase the cost of municipal capital investment ,
interfere with traditional state and local tax systems or preempt the deductibility of state and local taxes.
• Opposes the denial of funds based upon a state 's or municipality's failure to meet requirements of an unrelated program or
because of factors beyond the control of the state or municipality.
• Opposes cuts in federal programs that disproportionately affect municipalities .
• Opposes imposition of federal standards upon local government operations and employees that do not apply equally to
federal and state government operations and employees .
• Opposes the sale of federal lands to finance federal programs without local input.
Consolidation of governments
The League supports voluntary consolidation of local government entities and services by mutual agreement.
Criminal justice
The League:
• Supports state-and community-based intervention, prevention and rehabilitation programs and state initiatives that respect
the key role of communities and local government officials .
• Supports ensuring that municipal governments retain flexibility in implementing federal and state criminal justice programs .
• Opposes state preemption of municipal authority to regulate firearms within municipalities .
Economic development
The League:
• Encourages the state to provide adequate funds and staff for a strong , multifaceted program to promote the economic
vitality of Colorado . This program should encourage the diversification and expansion of local economies, including support
for existing business, creation of new jobs and promotion of tourism . The program should be closely coordinated with local
governments and the state should never promote a specific economic development project against the wishes of the
community or communities most directly affected by the project.
• Encourages the federal government to support state and local government activities promoting economic development.
• Encourages a comprehensive effort among state and local governments and the private sector to establish an effective
tourism promotion program.
Education:
The League believes an effective education system supplies our municipalities with an educated and well-trained community
and workforce who will both allow existing businesses to expand and attract new business investment. The most effective
programs are those partnerships among our educational institutions , local stakeholders , and local governments. Due to its
importance to our communities , the League supports education as a communitywide value . Specifically, the League :
• Supports state and local policies and initiatives that encourage greater early learning, K-12, higher education , workforce
training opportunities, and lifelong learning opportunities .
• Supports access to information and resources that help parents and caregivers give students the greatest chances to learn
and grow in safe and healthy ways .
• Supports state initiatives that enhance creative and innovative partnership opportunities with businesses and educational
institutions , including shared facilities, school resource officers , and enhanced programming .
• Supports funding of education in the state in a balanced manner which takes into consideration the needs of all sectors of
the economy and yet not at the expense of municipal revenues .
Electric and natural gas services
The League :
• Opposes federal restrictions that would dictate territorial service areas or restrict the ability of municipally owned utilities to
service customers within their municipalities , including newly annexed areas .
• Opposes federal legislation requiring states to implement retail competition .
• Opposes federal or state restructuring of the electric or natural gas industry if such restructuring restricts municipal authority
to regulate the use of rights-of-way and to franchise and tax utilities and services , interferes with services provided by
municipally owned utilities , fails to protect interests of all consumer classes or sacrifices environmental and social objectives
protected under existing regulatory policies.
• Opposes efforts to prevent municipalities from extending utility services to newly annexed areas .
Emergency services
The League :
• Supports local control of local emergency services and involvement of the state as a resource to local government in the
areas of information , coordination and training .
• Supports state funds for those state agencies that serve as a resource to local emergency services .
• Supports a voluntary uniform statewide fire incidence reporting program .
• Supports close cooperation at all levels of government and increased federal funding to assist local government homeland
security and first responder responsibilities .
Energy
Energy planning
The League recognizes several compelling reasons for developing a comprehensive energy policy. Energy conservation saves
dollars . Energy conservation and renewable energy production creates jobs and supports local economic development efforts .
Energy conservation reduces our nation 's dependence upon foreign oil and improves our energy security. Municipalities are in
a position to lead by example . Municipalities are able to provide education and access to information that advocates the
economic and environmental benefits of increased energy efficiency. Therefore , the League :
• Supports the development of a balanced , long-term statewide energy plan with an overall goal of reducing greenhouse gas
emissions through a mix of non-renewable fossil fuels , renewable energy sources , and energy efficiency and conservation
programs .
o Supports the creation and expansion of statewide goals that provide targets and incentives for the implementation of
renewable energy strategies and that also recognize the unique concerns of municipal electric and gas systems .
o Supports municipal efforts to assess energy efficiency opportunities in their own operations and in their communities as a
whole ; setting energy efficiency targets ; and creating local action plans .
o Supports retrofitting municipal facilities with energy efficient technologies ; policies that enhance municipal energy
conservation; and programs that promote the generation of alternative energy sources .
o Supports working with appropriate state and local agencies to educate municipalities on the use of energy efficient building
codes.
Natural resource production
Municipalities are directly and indirectly affected by the impacts of energy extraction activity and understand the boom and bust
nature of it. The League also acknowledges the importance of the extraction industry to the state's economy. Therefore , the
League :
o Supports enhanced local input and mitigation powers of municipalities in addressing the environmental and economic
impacts of energy extraction .
o Supports the State Oil and Gas Conservation Commission involving substantively local governments affected by energy
extraction , including a recognition of local health and environmental impacts .
o Supports a continued dialogue with local governments regarding the collection and distribution of severance tax and federal
mineral lease revenues .
o Supports raising the severance tax rate and removing severance tax exemptions in order to generate additional revenue for
local governments .
o Supports DOLA's continuing=administration of the Energy Impact Loan and Grant program to assure greater transparency
and accountability of the funds .
o Supports the development of a permanent trust fund using a portion of existing and/or any new revenues from severance
taxes and/or federal mineral lease revenues so long as such revenues in a trust fund can be made available to
municipalities and counties impacted by energy extraction .
o Opposes any reduction in the existing revenue streams of severance tax and federal mineral lease revenue to counties and
municipalities.
o Supports financial and technical assistance to local governments affected by the development of coal , oil shale , and other
natural resources to permit planning for, and provision of, municipal services and facilities .
o Opposes the appropriation of energy impact and mineral lease funds , historically set aside for local governments , to finance
state programs and administrative costs of state government.
Environment
In addressing environmental concerns , the League :
o Supports relief for municipalities from the burden of Superfund (CERCLA) requirements and application of a reasonable
municipal settlement policy by the Environmental Protection Agency.
o Supports federal and state programs that encourage cleanup and reuse of "brownfield " property.
o Supports full federal funding for cleanup of contaminated federally owned or managed sites , such as Rocky Flats.
o Opposes increases in the proportion of municipal cash funding support for state environmental programs .
o Opposes state preemption of local government authority to adopt environmental ordinances .
Housing
The availability and affordability of decent housing is an important concern to Colorado 's municipalities. Therefore, the League :
o Supports an adequate supply of good housing , regardless of income level, and continued public-and private-sector support
for such an effort.
o Supports increased financial assistance from the federal government for housing needs of low-and moderate-income
families .
o Supports state financial support for the Division of Housing's loan and grant program for low-and moderate-income
housing .
o Supports the continued efforts of the Colorado Housing Finance Authority to work with municipalities on the Authority 's
various housing loan programs .
o Supports the preservation , revitalization and redevelopment of existing neighborhoods.
o Supports public and private financial assistance programs to address the needs of the homeless .
o Supports programs that involve municipalities in addressing foreclosures .
o Supports the creation of an adequately financed statewide housing trust fund.
Human rights
The League supports programs that protect the rights and dignity of the individual and encourages programs that address such
issues as employment , housing , health care , substance abuse and equal opportunity.
Initiative reform
The League supports efforts to reform the state 's initiative and referendum procedures .
Lottery
The League supports preserving all lottery proceeds for park , recreation , open space and wildlife purposes pursuant to the
Great Outdoors Colorado program adopted by Colorado voters .
Municipal court operations
The League :
• Opposes imposition of state surcharges on municipal court fines for the purpose of fund ing state programs .
• Opposes limitations on the authority of munic ipalities to enforce their own ordinances in municipal courts .
Municipal development and land use
The League supports local control and determination of local land use issues . In general , the League supports state laws and
policies that encourage new residential , commercial and industrial development to occur within existing municipalities and that
discourage the sprawl of urban , suburban or exurban development into rural and unincorporated areas of the state . In addition,
the League specifically :
• Supports prohibition of the incorporation of new cities and towns adjacent to, or within the service areas of, existing munici-
palities .
• Supports increased municipal and , within unincorporated areas , county controls over the formation of special districts,
placing additional limitations on the powers exercised by such districts and , where practicable , providing for the dissolution
or phas ing out of special districts .
• Supports appropriate efforts to permit application and enforcement of municipal ordinances , such as building codes , fire
codes, subdivision regulations and zoning ordinances , to buildings and improvements proposed to be constructed by
government entities .
• Supports municipal discretion concerning the imposition of development fees and requirements .
• Supports the clear authority of municipalities to collect an impact fee for schools .
• Supports financial and technical assistance to municipal governments in the areas of planning and land use .
• Supports municipalities, when appropriate , in utilizing sub-local governments (neighborhood , nonprofit, and civic
organizations and homeowners' associations) in developing and implementing solutions to specific localized issues .
• Encourages measures that promote intergovernmental cooperation on land use issues .
• Encourages coordination of land use and transportation planning .
• Encourages municipalities when using tax increment financing to promote communication and intergovernmental
cooperation with affected local governments .
• Generally opposes efforts to restrict municipal authority to annex territory.
• Opposes delegation of municipal land use authority to state agencies or preemption of municipal land use controls .
• Opposes federal or state restrictions , beyond those constitutional restrictions that have been defined by recent Supreme
Court decisions, on the ability of federal , state or local governments to regulate private property or to exercise the power of
condemnation for the benefit of public health, safety and welfare .
• Opposes unreasonable restrictions on urban renewal authorities .
Police, fire, and other pension and employee benefits
The League:
• Supports continuation of state matching funds to assist in retiring unfunded liabilities that accrued under the old police and
fire pension plans.
• Supports equitable levels of state funding for volunteer firefighters' pensions .
• Opposes mandates that increase the cost of or create inequities among municipal employee pension , workers '
compensation or other employee benefits .
• Opposes mandated Social Security or Medicare coverage for public employees , mandated benefit levels or funding
standards for municipal employee pension plans , or other unreasonable burdens or restrictions in connection with the
administration of municipal employee benefit plans .
• Opposes mandated so-called "Police Officers Bill of Rights " interfering with the management and budget prerogatives of
local governments .
Postal service
The League supports legislation and administrative action by the United States Postal Service requiring use of mailing
addresses and ZIP codes that reflect the corporate boundaries of cities and towns in order to eliminate confusion among
citizens and businesses and to re inforce community identities .
Privatization
The League supports the use of private-sector businesses to provide public services when determined by municipal officials to
be in the public interest.
Public employment
The League opposes efforts to interfere with a municipality's ability to determine the terms and conditions of municipal
employment.
Public liability
Because of the financial burdens caused by the increasing number of lawsuits against municipalities and their officers and
employees , the deterrent that litigation presents to continued service by public officials and the need to assure that municipal
liability does not impair the provision of necessary services to the public , the League :
• Supports the availability of public liability insurance at reasonable costs and the ability of municipalities to reduce such costs
through self-insurance or other reasonable means .
• Supports reasonable federal limitations on and reduction in the liability for monetary damages payable by public entities and
public employees in suits brought under federal laws .
• Supports limitations on the liability of municipalities and their officers and employees .
• Opposes efforts to expand the liability of public entities and public employees.
Purchasing
The League supports the authority of municipal officials to determine local purchasing and contracting procedures .
Telecommunications
The League :
• Supports the retention of municipal regulatory authority over cable television systems .
• Supports affordable access by all municipalities to state-of-the-art telecommunication and information services .
• Opposes federal or state restrictions on local control of municipal rights-of-way or on the authority of local governments to
develop or acquire their own telecommunications infrastructure .
• Opposes federal or state restrictions on municipal franchising , regulatory and taxing authority over telecommunications
systems .
Transportation
The League:
• Supports increased funds to finance pressing surface transportation needs as long as an equitable portion of new revenues
is returned to cities and towns .
• Supports state Department of Transportation assumption of street lighting and general maintenance costs on state highways
within municipalities.
• Supports limitations on "off-the-top" diversions from the Highway Users Tax Fund .
• Supports preservation of the constitutional requirement that highway user revenues be used for the construction ,
maintenance, and supervision of the public highways of the state, comprising all modes including facilities for air, transit ,
bicycle , and pedestrian travel.
• Supports greater flexibility and increased revenues for multi-modal transportation systems .
• Supports clarification that federal railroad laws do not preempt local governmental authority to protect the safety and
environment of citizens .
• Supports preservation of the federal funding guarantees for transportation and allocation of all federal transportation taxes
and funds for their intended transportation purposes .
• Supports efforts to improve air transportation throughout Colorado .
• Supports close cooperation among Colorado Department of Transportation , counties , municipalities and interested
stakeholders in improving Colorado's multi-modal transportation system .
• Encourages a balanced state transportation policy that addresses the need to maintain and expand roadway, bicycle ,
pedestrian, transit, carpool/vanpool and demand management options to improve-Colorado's transportation system .
Water
In addressing statewide water concerns, the League :
• Supports water policies that protect Colorado water resources .
• Supports the constitutional doctrine of prior appropriation and the constitutional priority given to domestic water use.
• Supports the inventorying and protection by municipalities of their water rights .
• Supports appropriate water conservation efforts and sustainable water resource management practices by all users.
• Supports efforts to increase knowledge of water-related issues of concern around the state to municipalities.
• Supports participation in statewide discussions of water use and distribution .
• Supports appropriate coordination of municipal water use with other uses including agriculture, mineral resource
development, energy development, recreation and open space .
• Supports federal and state financial aid programs assisting municipalities, including recognition of the special needs of
smaller municipalities, with the construction and improvement of water systems to protect water quality and to comply with
federal and state mandates .
• Supports continued federal and state funding for wastewater treatment and drinking water facilities to reduce local costs and
expedite construction of necessary treatment and collection facilities .
• Supports stakeholder input and involvement in developing laws and regulations related to water and wastewater issues.
• Supports reasonable and practical application of air and water pollution control laws by federal and state administrative
officials and encourages restraint in modifying legislation and regulations that have a fiscal impact on municipalities .
Particularly in the area of water quality, enforcement should be correlated with the availability of funds necessary to achieve
stated goals.
• Supports adequate state regulation and enforcement of drilling and mining sites, production facilities and waste product
storage and disposal facilities; supports practices to assure citizen safety, environmental protection and the protection of
domestic water sources ; and opposes state preemption of local land use and watershed regulations .
• Encourages on-going communication by federal land managers with affected municipalities regarding the leasing of federal
lands that might impact local land use and environmental policies including, but not limited to, local watershed ordinances.
Youth
The League :
• Supports municipal and other efforts to address youth issues and needs.
• Recognizes the influence that parents in partnership with nonprofit and
religious organizations, local businesses and other governmental
jurisdictions have on the development of youth.
• Encourages utilization by public schools in cooperation with local
governments of League-published or other civics curriculum to educate
students in state and local government.
The Colorado Municipal League
CML was founded in 1923 to provide technical assistance and advocacy
on behalf of our municipal membership . There are 265 cities and towns
that are members of the League. The CML Policy Committee is responsible
for developing policy recommendations and recommended positions on
legislation. Every municipal member has the option to have a representative
on the CML Policy Committee . A 19-member Executive Board governs the
operations of the organization . The League has 24 sections (i.e., planning
officials, police chiefs, city managers) and 14 regional districts that provide
input and technical expertise in development of League policy.
Executive Board Officers
President Aden Hogan, Jr., Evans city manager
Vice President Marc Williams, Arvada councilmember
SecretaryfTreasurer Charles Bayley, Bennett mayor pro tern
Immediate Past President Diana Allen, Lakewood councilmember
Joe Baker, Dacono mayor pro tern
William Bell , Montrose city manager
William Buck, Mt. Crested Butte mayor
Carol Dodge, Northglenn councilmember
Joe Gierlach, Nederland mayor
Sarah Levison, Longmont councilmember
Jan Martin, Colorado Springs president pro tern
Nancy McNally, Westminster mayor
Deborah Ortega, Denver councilmember-at-large
Christina Rinderle, Durango mayor
Dave Sturges, Glenwood Springs councilmember
Jim Taylor, Littleton councilmember
Don Van Wormer, Monte Vista city manager
Karen Weitkunat , Fort Collins mayor
Jim White, Minturn town manager
Colorado Municipal Facts
Number of incorporated municipalities:
Population (2010 estimates)
State :
Municipal :
Municipal as percent of state :
Range in municipal population :
271
5,050 ,870
3,699 ,120
73 .2%
Lakeside : 8 Denver: 605 ,722
Municipalities with CML membership: 265
Structure of Colorado municipal governments
Structure
Home Rule
Statutory
Territorial Charter
#
100
170
1
Population
3,443 ,242
254,842
1,036
Number of municipalities with city/town
manager or administrator:
Municipal elected officials
Mayors , councilmembers , trustees:
%of Pop .
93 .08%
6.89%
0.03%
171
Percent of elected officials who are women :
1,763
29 .9%
Sources of municipal tax revenue (2008)
Total tax revenue : $2 ,223 ,395 ,480
Property taxes : $314,718 ,519
Sales/use taxes : $1 ,655 ,953 ,588
Total taxes as % of total revenue
Property tax (2010)
14 .2%
74 .5%
63.8%
Assessed Valuations
State :
Municipal :
Municipal as percent of state :
$92 .79 billion
$47 .28 billion
51%
Sales tax (2009)
Total municipalities levying a local sales tax :
Municipalities with self-collected sales tax :
Low : 1%
Municipal elections (1993-spring 2012)
Ballot Issues Passed Fajled
TABOR Revenue and
Spending Changes
Municipal Tax/Tax Rate
454
367
Municipal Debt/Obligation 256
Term-Limits 111
69
302
122
79
218
64
High : 5%
%Passed
87%
55%
68%
58%
Prepared by the Colorado Mun icipal League, May 2012
... \~~
... ~ .,. City of • :prWheatRL._dge
ITEM NO:~
DATE: April22, 2013
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 14-2013 -A RESOLUTION AUTHORIZING
WHEAT RIDGE'S PARTICIPATION IN THE 2013 METRO
MORTGAGE ASSISTANCE PLUS PROGRAM AND
DELEGATING TO THE CITY AND COUNTY OF DENVER
THE AUTHORITY OF WHEAT RIDGE TO TAKE ACTION
AND EXERCISE POWER UNDER A DELEGATION AND
PARTICIPATION AGREEMENT ON BEHALF OF WHEAT
RIDGE WITH RESPECT TO THE PROGRAM
0 PUBLIC HEARING
D BIDS/MOTIONS
~RESOLUTIONS
City Manager
ISSUE:
D ORDINANCES FOR 1 STREADING
0 ORDINANCES FOR 2N° READING
~ YES D NO
Authorization of a Delegation and Participation Agreement with the City and County of Denver to
participate in the 2013 Metro Mortgage Assistance (MMA) Plus Program. MMA Plus provides
down payment and closing cost assistance paired with competitive, fixed-rate , 30-year VA and
FHA home loans to qualified low and moderate income purchasers.
PRIOR ACTION:
Participation in the 2013 Metro Mortgage Assistance Plus Program was discussed briefly with
City Council at the April 1, 2013 study session . However, Council requested more information on
the Program before taking action. Included in this CAF and attached is additional information
about the Program which should address those questions asked by Council.
Council Action Form
April 22 , 2013
Page2
FINANCIAL IMPACT:
Wheat Ridge's participation in the Program shall not be construed as creating or constituting a
general obligation or multiple fiscal year direct or indirect indebtedness or other financial
obligation whatsoever of Wheat Ridge nor a mandatory payment obligation of Wheat Ridge in any
fiscal year.
BACKGRO UN D:
The City & County of Denver (Denver) is taking advantage of a new opportunity to provide down
payment and closing cost assistance paired with competitive, fixed-rate , 30-year VA and FHA
loans. Denver has asked that the Metro Mayors Caucus (MMC) solicit interest from other
communities to extend the program's benefits to residents of other Denver metro area jurisdictions.
At this time , any home in Denver, Littleton , Edgewater or Dacono can be purchased through this
program . Additional MMC jurisdictions are expected to join the program throughout the year.
MMC and Denver have previously partnered to lower the cost of homeownership . From 1997-
2007 , MMC worked with Denver to pool $211M in Private Activity Bonding authority to issue
Single Family Mortgage Revenue Bonds (SFMRBs). Through the Metro Mortgage Assistance
program (MMA), down-payment and closing cost assistance grants (DP A) and below-market rate,
30-year fixed loans were offered to income qualified , first-time homebuyers. Unfortunately, when
adjustable rate mortgages became popular, these fixed-rate loans became less competitive. With
the ARM-fueled collapse of the subprime market, even good programs like MMA were
suspended. Now the national housing market is rebounding and the Denver metro area is seeing
steadily increasing housing prices and declining for sale and rental inventories. Maintaining a
stock ofhousing affordable to purchasers at many income levels is a critical part of maintaining
the region's competitive advantage . Program's like the new MMA Plus help reduce the up-front
costs ofhomeownership for qualified low and moderate income purchasers.
As in the prior bond programs , there is no cost or liability for an MMC jurisdiction to participate.
To participate, the jurisdiction must execute the attached two-page "Delegation and Participation
Agreement" with Denver, allowing MMA Plus mortgage loans with DPA to be made in that
jurisdiction. Upon receipt of an executed Participation Agreement the jurisdiction will be added to
the eligible loan area for the duration of the program , unless the jurisdiction should withdraw
prior. Unlike previous bond-funded programs , there is not a specific opt-in deadline for
participation and the program is not funded through the proceeds of tax-exempt SFMRBs. Rather,
the FHA and VA mortgage loans are originated by the participating lender, purchased by servicer
US Bank, and then pooled into Government National Mortgage Association (GNMA) Certificates .
These GNMAs in turn are sold by US Bank to Denver and then by Denver to Raymond James &
Associates. Raymond James , Denver's single family investment banker since 2006 , has committed
to purchase the GNMAs pursuant to a GNMA Purchase Agreement with Denver.
REC OMMEND ATION:
Staff recommends that City Council execute the Delegation and Participation Agreement with the
City and County of Denver to participate in the 2013 Metro Mortgage Assistance Plus Program.
Council Action Form
April 22, 2013
Page 3
Additional MMA Plus program information has been attached which should address any questions
you may have about the program.
RECOMMENDED MOTION:
"I move to approve Resolution No. 14-2013, a resolution authorizing Wheat Ridge's
participation in the 2013 Metro Mortgage Assistance Plus Program and delegating to the City
and County of Denver the authority of Wheat Ridge to take action and exercise power under a
Delegation and Participation Agreement on behalf of Wheat Ridge with respect to the
Program."
Or,
"I move to table indefinitely Resolution No. 14-2013, a resolution authorizing Wheat Ridge's
participation in the 2013 Metro Mortgage Assistance Plus Program for the following reason(s)
"
REPORT PREPARED/REVIEWED BY:
Patrick Goff, City Manager
ATTACHMENTS:
1. Resolution No. 14-2013
2. City ofDenver & MMC Participating Jurisdictions 2013 MMA Program
3. City of Denver MMA Plus PowerPoint Slides
4. MMA Plus Frequently Asked Questions
TITLE:
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION N0.14
Series of 2013
A RESOLUTION AUTHORIZING WHEAT RIDGE'S PARTICIPATION IN
THE 2013 METRO MORTGAGE ASSISTANCE PLUS PROGRAM AND
DELEGATING TO THE CITY AND COUNTY OF DENVER THE
AUTHORITY OF WHEAT RIDGE TO TAKE ACTION AND EXERCISE
POWER UNDER A DELEGATION AND PARTICIPATION AGREEMENT
ON BEHALF OF WHEAT RIDGE WITH RESPECT TO THE PROGRAM
WHEREAS, the State of Colorado (the "State") Constitution Article XIV, Section
18(2)(a) provides that nothing in the Constitution shall prohibit any of the State's political
subdivisions from cooperating with one another to provide any service lawfully authorized to
each of the cooperating units; and
WHEREAS, Denver is authorized pursuant to its Charter to promote the financing of
residential facilities for low and middle income persons or families or facilities intended for
use as the sole place of residence by the owners or intended occupants and to promote the
health, safety and general welfare of the people of Denver; and
WHEREAS, Denver has sponsored its 2013 Metro Mortgage Assistance Plus Program
to provide competitive fixed rate 30-year mortgage loans which will be coupled with down
payment and closing cost assistance grants in connection with financing mortgage loans for
residential facilities, intended for use as the sole place of residence by the owners thereof, for
low-and middle-income families (the "Program"); and
WHEREAS, Denver has invited Wheat Ridge to participate in the Program; and
WHEREAS, Wheat Ridge has the full legal authority to participate in the Program
pursuant to this Resolution adopted by the Wheat Ridge Council authorizing Wheat Ridge's
participation in the Program pursuant to this Delegation and Participation Agreement
(collectively the "Act") EXHIBIT A; and
WHEREAS, Wheat Ridge desires to delegate to Denver the authority of Wheat Ridge
to take action and exercise power under the Act on behalf of Wheat Ridge with respect to the
Program within Wheat Ridge's boundaries;
NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that:
Section 1. Wheat Ridge hereby delegates to Denver the authority of Wheat Ridge to
take action and exercise power under the Act on behalf of Wheat Ridge with respect to the
Program within Wheat Ridge's boundaries.
Section 2. The participation of Wheat Ridge in the Program, and all undertakings,
obligations, duties and rights of Wheat Ridge and Denver under the Delegation and
Participation Agreement, are contingent upon the implementation of the Program.
Section 3. In the event that the Program is not implemented by Denver or the
Program is discontinued by Denver, the Delegation and Participation Agreement, and all
duties, obligations and rights of Denver and Wheat Ridge hereunder, shall terminate. If the
Attachment 1
Program is not implemented or is terminated , Wheat Ridge agrees to hold Denver harmless
for any costs or any other liabilities incurred by Wheat Ridge with respect to the adoption and
approval of the Delegation and Participation Agreement or any other Wheat Ridge actions
related thereto .
Section 4. Wheat Ridge 's participation in the Program pursuant to the Delegation and
Participation Agreement shall not be construed as creating or constituting a general
obligation or multiple fiscal year direct or indirect indebtedness or other financial obligation
whatsoever of Wheat Ridge nor a mandatory payment obligation of Wheat Ridge in any fiscal
year during which the Delegation and Participation Agreement shall be in effect.
DONE AND RESOLVED this 22nd day of April, 2013.
Jerry DiTullio, Mayor
ATTEST :
Janelle Shaver, City Clerk
2
EXHIBIT A
DELEGATION AND PARTICIPATION AGREEMENT
This DELEGATION AND PARTICIPATION AGREEMENT, dated as of April 8, 2013
(this "Delegation and Participation Agreement"), is by and between the City of Wheat Ridge, a
legally and regularly created, established, organized and existing political subdivision under the
Constitution and statutes of the State of Colorado ("Wheat Ridge") and the CITY AND
COUNTY OF DENVER, COLORADO, a legally and regularly created, established, organized
and existing political subdivision under the Constitution and statutes of the State of Colorado
("Denver");
RECITALS:
WHEREAS, the State of Colorado (the "State") Constitution Article XIV, Section
18(2)(a) provides that nothing in the Constitution shall prohibit any of the State's political
subdivisions from cooperating with one another to provide any service lawfully authorized to
each of the cooperating units; and
WHEREAS, Denver is authorized pursuant to its Charter to promote the financing of
residential facilities for low and middle income persons or families or facilities intended for use
as the sole place of residence by the owners or intended occupants and to promote the health,
safety and general welfare of the people of Denver; and
WHEREAS, Denver has sponsored its 2013 Metro Mortgage Assistance Plus Program to
provide competitive fixed rate 30-year mortgage loans which will be coupled with down
payment and closing cost assistance grants in connection with financing mortgage loans for
residential facilities, intended for use as the sole place of residence by the owners thereof, for
low-and middle-income families (the "Program"); and
WHEREAS, Denver has invited Wheat Ridge to participate in the Program; and
WHEREAS, Wheat Ridge has the full legal authority to participate in the Program
pursuant to the Resolution adopted by the Wheat Ridge Council authorizing Wheat Ridge's
participation in the Program pursuant to this Delegation and Participation Agreement
(collectively the "Act"); and
WHEREAS, Wheat Ridge desires to delegate to Denver the authority of Wheat Ridge to
take action and exercise power under the Act on behalf of Wheat Ridge with respect to the
Program within Wheat Ridge's boundaries;
NOW THEREFORE, in consideration of the mutual covenants and undertakings set forth
herein, Wheat Ridge and Denver hereby agree as follows:
4850-5814-5298 . I
Section 1. Wheat Ridge hereby delegates to Denver the authority of Wheat Ridge to take
action and exercise power under the Act on behalf of Wheat Ridge with respect to the Program
within Wheat Ridge's boundaries.
Section 2. Denver hereby accepts the delegation of authority from Wheat Ridge pursuant
to Section 1 hereof and agrees to abide by each of the terms and conditions of this Delegation
and Participation Agreement in connection with the use of such delegation. Denver agrees to
make the Program available to Wheat Ridge for the origination of home mortgages within Wheat
Ridge's boundaries.
Section 3. The participation of Wheat Ridge in the Program , and all undertakings ,
obligations, duties and rights of Wheat Ridge and Denver under this Delegation and Participation
Agreement, are contingent upon the implementation of the Program.
Section 4. In the event that the Program is not implemented by Denver or the Program is
discontinued by Denver, this Delegation and Participation Agreement, and all duties , obligations
and rights of Denver and Wheat Ridge hereunder, shall terminate. If the Program is not
implemented or is terminated , Wheat Ridge agrees to hold Denver harmless for any costs or any
other liabilities incurred by Wheat Ridge with respect to the adoption and approval of this
Delegation and Participation Agreement or any other Wheat Ridge actions related thereto.
Section 5. Wheat Ridge 's participation in the Program pursuant to this Delegation and
Participation Agreement shall not be construed as creating or constituting a general obligation or
multiple fiscal year direct or indirect indebtedness or other financial obligation whatsoever of
Wheat Ridge nor a mandatory payment obligation of Wheat Ridge in any fiscal year during
which this Delegation and Participation Agreement shall be in effect.
[Signatures on the following pages]
IN WITNESS WHEREOF, Wheat Ridge and Denver have caused this Delegation and
Participation Agreement to be executed and be effective as of 2013.
[SEAL]
Attest:
By __________________________ __
Name ________________________ __
Title --------------------------
CITY OF WHEAT RIDGE
By ____________________________ __
Name Title ---------------------------
CITY AND COUNTY OF DENVER,
COLORADO
By ____________________________ _
Manager of Finance
[Signature Page to Delegation and Participation Agreement]
4850-58 14 -5298 .1
City of Denver
& Metro Mayors Caucus Participating Jurisdictions
2013 Metro Mortgage Assistance Program
It
DENVER.
THE MILE HIGH CITY
Program Benefit: The 2013 City and County of Denver Metro Mortgage Assistance Program will provide a
competitive 30-year fixed-rate mortgage down payment assistance (DPA) grant equal to 4% of the
mortgage amount to qualifying low and moderate income homebuyer families throughout the City and
County of Denver, and in certain surrounding communities that choose to participate from the 40-
jurisdiction ·Metro Mayors Caucus (MMC).
Program Mortgage Rate: Will be slightly above market rate (e .g., as of 12/28/12 anticipated to be 3.5%).
The program mortgage rate will change periodically to stay competitive with the market.
Program DPA: Each homebuyer family will receive a non-repayable DPA grant for down payment and
closing costs equal to 4% of the initial principal balance of the mortgage loan. This is funded by the City of
Denver at mortgage loan closing. The net DPA is 3%, taking into account the 1% origination fee. Lender
income is 2%, coming from the 1% origination fee at loan closing and 1% SRP (0 .50% for VA loans) upon
sale of the loan to the Servicer.
Program Size: $15,000,000 revolving .
Program Period: Denver anticipates an initial two-year program term, though it would be extendable by
the City thereafter, for "continuous origination."
Eligible Mortgagors: The normal tax-exempt bond or MCC program requirements (income & purchase
price limit, and first-time homebuyer requirement) will not apply. In addition, the homebuyers will not be
subject to "Recapture Tax ." Denver has set the following requirements for eligible homebuyers:
1) No First-time Homebuyer Requirement
2) Maximum Credit Qualifying Income: $91,100 (2 or fewer)/$103,000 (3 or more)
3) Maximum Home Purchase Price: None
Eligible loans: FHA, VA, all 30-year, fixed rate & poolable into GNMA Certificates, minimum 640 FICO
score, maximum 45 debt-to-income (DTI) ratio. All homebuyers must receive homebuyer education from a
HUD-approved counseling agency. Loans must be "underwriter certified" within 15 days of loan
reservation, closed within 45 days, and purchased by the Servicer within 70 days . Refinances are not
permitted, except for loans currently serviced by US Bank .
Eligible loan Area: Mortgage loans under the program may be made to qualifying borrowers throughout
the City and County of Denver, and in the participating MMC jurisdictions.
Participating lenders: Must be approved by Denver and the Servicer, sign a Participating Lender
Agreement with the Servicer, sign a Lender Agreement with the Denver, pay an annual fee to Denver of
$1000, and receive webinar training from Administrator eHousing and the Servicer.
Please go to www.denvergov.org/oed and click on Housing Assistance and then Metro Mortgage
Assistance Program tab for current participating lenders.
To Become a Participating Lender: Please contact Stacy Houston with Raymond James at:
stacy.houston@raymondjames .com.
Attachment 2 3/01/13
DENVER.
THI MtU HIGH CITY
2013 DENVER
Metro Mortgage
Assistance
"METRO MORTGAGE ASSISTANCE PLUS"
PROGRAM
Down Payment Assistance of 4o/o
(3°/o + 1 o/o Origination)
of the total mortgage amount -
in exchange for a slightly higher mortgage interest ratel
Attachment ....
C") .. c
G»
E .c u
CG .. c
HISTORICALLY DENVER HAS OFFERED:
SINGLE FAMILY MORTGAGE REVENUE BOND PROGRAMS
Single Family Mortgage Revenue Bonds are tax-exempt bonds
that state and local governments issue to help fund below-market-
interest-rate mortgages for first-time qualifying homebuyers.
Eligible borrowers have low to moderate incomes below 115
percent of median family income.
Since 1997, Denver has assisted in the origination of 1,331
loans totaling $178,648,679.*
Denver's Last Bond Program from 2006-2007
Average Loan Amount: $158,983
Average Purchase Price: $166,428
Average Income: $47,614
Average Household Size: 1. 77
Targeted Area Loans: 38
(*Only 2.8% of these loans are delinquent either with a payment 30 days past due through foreclosure.)
2
PROGRAM SUMMARY
Program Basics:
);o> Net 3% Down Payment Assistance "Grant" and up to 1% Origination Fees
to qualifying low & moderate income homebuyers.
);o> Mortgage rates to buyers are slightly above market (currently about 0.25o/o -
0.40°/o above market today) to fund the down payment assistance and closing
costs. Loan interest rates fluctuate to stay competitive with current market.
);o> Eligible loans must be 30 year fixed rate FHA and VA, and are then pooled
into GNMA Certificates.
);o> $15 Million Revolving Program: Participating lenders may reserve and close
loans at any time. As soon as GNMA Certificates are pooled and sold, the
capacity of the Program is restored by such amount.
);o> Denver funds Down Payment Assistance, and is reimbursed upon sale of
GNMA Certificates.
);o> Two year program, with annual extensions thereafter.
3
PROGRAM DETAILS
Home Buyer Requirements:
~ Purchases only. No refinances .
~ No First-time homebuyer requirement.
~ Must be located in Denver -expandable to the Metro Mayors
Caucus jurisdictions upon execution of an IGA with an MCC city.
~ Loan must be underwriter certified by a participating and approved
lender
~ Maximum qualifying income:
• $91, 1 00* (2 or fewer in household)
• $103,000 (3 or more)
~ Minimum 640 FICO credit score, with monthly recurring debt
payments not exceeding 45°/o of monthly income (45% debt-to-income).
~ Homebuyer education required from HUD approved agencies (Free
4 hour course or $50 on-line).
~ No maximum purchase price.
*H.U.D. identified AMFI (Area Median Family Income) util ized by and comparable to CHFA and Denver's MCC Program
4
RATIONALE FOR NEW PROGRAM
)> Need for Down Payment Assistance: The lack of down payment assistance for prospective qualified home
buyers is a key impediment to families purchasing their first home. This program will help low and moderate
income homebuyers .
)> HUD Guidelines: HUD dictates that only an instrumentality of Government, a Housing Finance Agency, or an
approved not-for-profit organization can provide down-payment assistance on government insured loans.
)> A Market Driven Program: This proposed down payment assistance program takes advantage of efficient
existing private sector products and services rather than indirect government funding.
)> Market Changes: A traditional Mortgage Revenue Bond Program is not practical in the current market as the
interest rate on mortgages funded by tax-exempt housing bonds approximates or exceeds traditional private
sector mortgage rates -therefore there is no demand for mortgages funded from tax-exempt housing bonds.
)> Flexibility of the Program: Mortgages originated under the program are not subject to restrictions of the
Internal Revenue Service for Tax Exempt Bond Programs.
)> Synergy with the MCC Program: Buyers can utilize both the down payment assistance provided through
MMA Plus, and the MCC program (which provides tax credits), assuming they qualify.
)> Home Ownership: Research supports the view that homeownership brings substantial social benefits .
Homeownership boosts the educational performance of children, induces higher participation in civic and
volunteering activity, improves health care outcomes , lowers crime rates and lessens welfare dependency.-
often attributed to the pride of ownership and the sense of belonging in a community 1 .
)> Promotes "Sustainable" Home Ownership : The program encourages quality homebuyers (min . 640 credit
scores with max . 45 debt to income) with full documentation to purchase a new home . Program requires
participants to undergo homeownership counseling through a HUD-certified provider.
1Social Benefits of Homeownership and Stable Housing , NATIONAL ASSOCIATION OF REAL TORS, Research Division , April 2012 5
Assumed Mortgage Loan Amount
(FHA, 30-year fixed ... minimum 3.5%
borrower contribution):
Estimated Mortgage Loan Rate:
Net Down Payment Assistance (DPA}
Grant Amount:
Monthly P&l Payment:
Annual Federal Income Tax Credit:
$2,000/year max
First-Time Homebuyer Requirement:
Income Limits:
Purchase Price Limits:
Homebuyer Education Requirement:
COMPARISON WITH MARKET RATE LOAN
(SAMPLE)
Denver Denver '12 MMA Plus Program
'12 MMA Plus Program Loan Loan w/Denver '12 MCC (30%
credit)
$150,000 $150,000
3.75% 3.75%
$4,500 $4,500
(3% of mortgage amount) {3% of mortgage amount)
$695/month $695/month
$140/month
(drops effective P&l to
$555/month)
No Yes
$91 ,100 -1-2 person $79,300 -1-2 person non -
$103 ,000 -3+ person target
$91 ,100-3+ person non -target
$95,100-1-2 person target
$111,000-3+ person target
None $370,252 -non -target
$452 ,531 -target
Yes Yes
-·· -------- --------
Sample
Market Rate Loan
$150,000
3.50%
$0
$674/month
No
None
None
No
6
Current Rate:
Down Payment Assistance (DPA)
Amount:
DPA Type:
Available Loan Types:
First-Time Homebuyer Re_q_uirement:
Income Limits (Denver):
Purchase Price Limits (Denver):
Homebuyer Education Requirement:
Minimum Homebuyer Contribution:
Minimum Mid Credit Score:
COMPARISON WITH CHFA PROGRAMS
SAMPLE RATES
Proposed Denver
'12 MMA Plus Program CHFA SmartStep Plus
3.75% (estimate) 3.75%
4% of mortgage amount Up to 3% of mortgage amount
(3% net with 1% origination fee) (2% net with 1% origination fee)
Non-repayable grant 30-year fully amortizing 2"d
mortgage at pt mortgage rate
FHA and VA FHA, VA, USOA -RD
No Yes
$91,100-1-2 person $79,300 -1-2 person non -
$103,000-3+ person target
$91,100-3+ person non -target
$95,100-1-2 person target
$111,000-3+ person target
None $375,000-non-target
$417,000-target
Yes Yes
No $1,000 (may come from gift
funds}
640 620
CHFA HomeOpener Plus
4.0%
Up to 3% of mortgage amount
(2% net with 1% origination fee)
30-year fully amortizing 2"d
mortgage at pt mortgage rate
FHA, VA, USDA-RD
No
$91 ,100-1-2 person
$103,000-3+ person
None
Yes
$1,000 (may come from gift
funds)
620
7
Taxable
e Asst Plus Proaram
Applies for
loan at participating
... Mortgage Lender (1)
Home\ -
Buyer \
(eHousing approves compliance
& lists loan)
Our program provides DPA
~
US Bank (Servicer) purchases
loan from mortgage lenders
and pools loan with other
mortgage loans into GNMA
Certificates and transfers to
Custodian on announced sale
date
~
Program Advisor (Raymond
James) buys GNMA Certificates
on specified date through
Custodian (US Bank Corp. Trust)
and then sells them in the market
place
... ,.
Tax Credit
MCC Proaram
Qualified Homebuyer
may also apply for a
tax credit of up to
$2,000 per year
+
Utilize a mortgage
interest tax
deduction (2)
(1) Unlike traditional single farr
mortgage revenue bonds, tl
mortgages generated will h
interest rates of .25% -.40~
greater than market to cover
program costs.
(2) A homebuyer paying $5,000 ir
mortgage interest utilizes $1 ,5
(30%) as a tax credit and has
mortgage interest deduction o
$3,500 .
8
00
FINANCING TEAM
);;> Program Sponsor/Issuer -City and County of Denver (Finance & OED), 1n
cooperation with participating Metro Mayors Caucus jurisdictions
);;> The City's Program Counsel-Kutak Rock, LLP
);;> The City's Financial Advisor -First Southwest Company
);;> Program Advisor/GNMA Purchaser-Raymond James
);;> Servicer-US Bank Home Mortgage
);;> Online Loan Reservation Administrator -eHousingP/us
);;> Custodian-US Bank Trust Services
9
Metro Mortgage Assistance Plus
Metro Mortgage
Assistance Plus
>>> What is this program?
This is a special grant program for low and moderate income individuals and families
that seek to bring the dream of home ownership within reach. We know that lacking the
funds for a down payment is often a barrier to home ownership. As you apply for a 30-
year fixed rate mortgage, we help with down payment and closing cost assistance of up
to 4% of your loan!
>>>Do I have to pay back this down payment grant in the future?
No! This is your incentive to take the exciting step to apply and qualify for a home
mortgage.
>>> How do I find out whether I qualify?
Your lender will help you explore your specific income, debt and credit factors. Unlike
previous mortgage a;;sistance programs you may have heard of, there is no
requirement that you be a first-time buyer.
Your income needs to be less than $91,100 for households of two or fewer persons
(and less than $103,000 for three or more).
>>> Do I still need to meet other guidelines?
Yes, as with a regular mortgage, you do need to meet the loan guidelines.
This program asks that you have a minimum FICO score of 640 (660 for manufactured
homes) and a maximum debt-to-income ratio of 45, and we also require that you
complete HUD-approved homebuyer education. And even though a significant portion
of your down payment will be supported by this grant, you do need to bring 0.5% (one-
half of one percent of the total mortgage) to the closing on your own.
Attachment 4
For example, a house you might purchase for $160,000 might require 4% as the down
payment plus closing costs, or $6,400. This program would grant you $5,600 of that
amount, but you would need to contribute $800.
>>> Where do I get this free homebuyer counseling--the education that you
require?
There are a number of nonprofit organizations that provide this service, including:
www .coloradohousingassistance .org
www.delnortendc.org
www. nedenverhousing .org
www .brothersredevelopment.org
In addition, any HUD approved housing counseling agency is acceptable . For a
complete list of agencies, visit http://www .hud .gov/offices/hsg /sfh /hcc/hcs.cfm .
>>>What sorts of homes or properties can I purchase?
Single-family, detached house
Condominium or town home
Duplex
Manufactured homes
You must occupy the home as your primary residence . We do not have a limit on the
property price beyond what your lender believes you can qualify for. Note: This program
does not include refinancing of properties you already own.
>>> Where should the home I buy be located?
At this time , any home in Denver, Littleton, Edgewater or Dacono can be purchased
through this program. Additional Metro Mayors Caucus jurisdictions are expected to join
the program throughout the year.
>>> Who are the mortgage lenders?
We're pleased that 12 lenders have offered to work on this program because they know
that it represents a small but significant boost to increasing home ownership-which in
turn builds the overall strength and vitality of neighborhoods. They are:
America's Mortgage, 303-996-2400
Air Academy Federal Credit Union , 800-223-1983
Commerce Mortgage, 303-770-2686
Citywide Home Loans, 303-996-7000
Cornerstone Home Lending, 970-797-3717
Ent Federal Credit Union, 800-525-9623
Guild Mortgage
Peoples Mortgage, 303-302-3125, 303-224-3442
Real Estate Mortgage Network (REMN), 720-644-3117
Rocky Mountain Mortgage Specialists, Inc., 303-773-6106
Summit Mortgage Corporation, 303-779-0591, 720-200-9480
Universal Lending Corporation, 303-758-4969
V.I.P. Mortgage, 303-302-2285, 303-695-7818
WR Starkey Mortgage, 720-489-0712, 303-757-0300, 303-671-8733
>>> Can I use a different lender?
Your fastest and most convenient choice would be from the participating lenders listed
above. If you are working with another lender who would like to participate, they would
need to apply and meet certain requirements. Ask them to contact Stacy Houston with
Raymond James, stacy.houston@raymondjames.com.
>>> How long will this opportunity last?
We expect this revolving pool of $15 million in funding to be available for about two
years, through about December 2014. It is a first-come, first-served basis.
>>> How do I get started?
Choose a participating lender, tell them that you're interested in the "Metro Mortgage
Assistance Plus Program," and begin the process today to become the metro area's
newest homeowner!
~ . ~
.... ~ ~ .,. City of •
JP'"Wheat_Ri_dge
ITEM NO:~
DATE: April 22, 2013
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 15-2013 - A RESOLUTION APPROVING
THE SEX OFFENDER TRACKING AND REGISTRATION
SYSTEM (SOTAR) INTERGOVERNMENTAL AGREEMENT
WITH THE BOARD OF COUNTY COMMISSIONERS OF
THE COUNTY OF DOUGLAS, COLORADO
D PUBLIC HEARING
D BIDS/MOTIONS
[8] RESOLUTIONS
QUASI-JUDICIAL:
ISSUE:
D ORDINANCES FOR 1ST READING
0 ORDINANCES FOR 2N° READING
D YES [8] NO ~
Douglas County, Colorado Sheriffs Department (DCSO) has developed a software system to
manage and exchange information regarding sex offenders , which is accessed through a web-
based interactive software program called the Sex Offender Tracking and Registration System,
or SOT AR ™ ("SOT AR"). DCSO is making this system available to other law enforcement
agencies. There are 35 organizations, to include county, municipal and federal law enforcement
agencies, who are participating in the SOT AR program.
The purpose of SOT AR is to provide the public with information about sex offenders. The
Wheat Ridge Police staff believes that community education is paramount to success as a public
safety provider and views SOT AR to be an integral part of the education effort.
PRIOR ACTION:
There has been no prior action taken by the City Council.
FINANCIAL IMPACT:
At this time , there is no service fee for the City's use of SOT AR. This is dependent upon the
Council Action Form
April 22, 2013
Page2
availability of yearly funding by Douglas County for this purpose. There may come a time when
Douglas County does not receive or have the anticipated funding , and a user fee may have to be
negotiated. It is unknown what those fees may be, and when they may be required.
BACKGROUND:
The purpose of SOT AR is to provide the public with infonnation about sex offenders. SOT AR
provides a number of advantages to law enforcement. They include a database , tracking of
registration dates, tracking of house checks, production of a public registry, an investigative tool,
and the ability to share files with other SOT AR users.
The database keeps a detailed file on each sex offender, to include current and historical data
such as photos, registrations, criminal history, house checks, vehicles, addresses, victim
information!M.O., associates , contact information, protection orders, and probation or parole
supervision information .
The investigative tool includes the ability to search files in all jurisdictions, mapping functions
and photo lineups, and makes these files available 24/7.
SOTAR also provides website searches and e-mail notifications to our community. The website
searches include the name, age, convictions, physical description, address and vehicles
associated with the offender. Citizens are offered the opportunity to received email notifications
when an offender moves into their neighborhood. Limited mapping functions are also available .
There are 35 Colorado law enforcement organizations , to include county, municipal and federal
law enforcement agencies , participating in this program. This includes the larger law
enforcement agencies in Jefferson County.
RECOMMENDATIONS:
Police Department staff recommends that the City enter into this IGA with the Board of County
Commissioners of the County of Douglas, Colorado.
RECOMMENDED MOTION:
"I move to approve Resolution No. 15-2013 , a resolution to approve the Sex Offender Tracking
and Registration System (SOT AR) Intergovernmental Agreement with the Board of County
Commissioners ofthe County of Douglas, Colorado.
Or,
"I move to postpone indefinitely Resolution No. 15-2013, a resolution to approve the Sex
Offender Tracking and Registration System (SOT AR) Intergovernmental Agreement with the
Board of County Commissioners ofthe County of Douglas, Colorado for the following reason(s)
"
Council Action Form
April 22, 2013
Page 3
REPORT PREPARED/REVIEWED BY:
Joseph Cassa, Support Services Division Chief
Daniel Brennan, Chief of Police
ATTACHMENTS:
1. Resolution No. 15-2013
2. SOT AR Intergovernmental Agreement with the Board of County Commissioners
of the County of Douglas , Colorado
3 . Staff Report of 4/9/2013
TITLE:
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 15
Series of 2013
A RESOLUTION APPROVING THE SEX OFFENDER TRACKING AND
REGISTRATION SYSTEM (SOT AR) INTERGOVERNMENTAL
AGREEMENT WITH THE BOARD OF COUNTY COMMISSIONERS OF
THE COUNTY OF DOUGLAS, COLORADO
WHEREAS, the City of Wheat Ridge, Colorado (the "City"), acting through its City
Council ("Council") is a home rule municipality with statutory and constitutional authority to
enact ordinances and enter into agreements for protection of the public health, safety and
welfare; and
WHEREAS, the Douglas County, Colorado Sheriff's Department has developed a
system to manage and exchange information regarding sex offenders which is accessed
through a web-based interactive software program called the Sex Offender Tracking and
Registration System ( SO TAR ™); and
WHEREAS, the purpose of SOTAR is to provide the public with information about sex
offenders and the Wheat Ridge Police Department believes that community education is
paramount to the success as a public safety provider and view SOTAR to be an integral part
of the education effort; and
WHEREAS, SOT AR provides a number of advantages to the Wheat Ridge Police
Department to include a detailed database, tracking of registration dates , tracking of house
checks, productions of a public registry, investigative tools and the sharing of files with other
SOTAR users; and
WHEREAS, in accordance with Section 14.2 of the City's Home Rule Charter, the City
Council wishes to approve an intergovernmental agreement with the County, providing for
access to and use of SOTAR, by this resolution.
NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that:
The Intergovernmental Agreement between the City and the Board of County Commissioners
of the County of Douglas, Colorado, for the use of the Sex Offender Tracking and
Registration System ( SO TAR ™), attached hereto and incorporated herein by reference, is
hereby approved. The Mayor and City Clerk are authorized to execute the same. This
Resolution shall be effective immediately.
DONE AND RESOLVED this 22nd day of April, 2013.
Jerry DiTullio, Mayor
ATIEST:
Janelle Shaver, City Clerk
Attachment 1
INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF DOUGLAS AND
THIS AGREEMENT made this day of 2013 by and between
the Board of County Commissioners of the County of Douglas, State of Colorado ("DOUGLAS
COUNTY"), and the City of Wheat Ridge, Colorado, ("USER"), hereinafter referred to jointly as
the Parties ("PARTIES"); and
WHEREAS, pursuant to the provisions of Article XN, Section 18(2)( a) of the Colorado
Constitution, and section 29-1-203, C.R.S., there is established a means whereby governmental
units may cooperate or contract with one another to make the most efficient and effective use of
their powers and responsibilities; and
WHEREAS, DOUGLAS COUNTY has developed a system to manage and exchange
information regarding sex offenders which is accessed through a web-based interactive software
program called the Sex Offender Tracking and Registration system or SOT ARTM ("SOT AR").
DOUGLAS COUNTY has exclusive rights of ownership in the SOT AR™ system including, but
not limited to , SOT ARTM, the name, the software, all source code contributed by Douglas County,
the structure of any data repositories created to support SOT ARTM, and all associated
documentation (collectively, "SYSTEM").
WHEREAS, USER desires to obtain access to the SYSTEM.
WHEREAS, DOUGLAS COUNTY agrees to provide USER access to the SOTAR™
application on a basis commonly known as "software as a service" whereby USER has access to ,
but does not receive a copy of, SOTAR™and obtains no right, title or interest whatsoever in or to
the SYSTEM.
NOW, THEREFORE, in consideration of the mutual covenants and promises contained
herein and the recitals as set forth above, the PARTIES hereby agree as follows:
1. TERM OF AGREEMENT AND TERMINATION. The effective date ofthis IGA
shall be the date of signing by DOUGLAS COUNTY and USER, whichever is the
last to sign. This AGREEMENT shall remain in full force and effect from the
effective date until either PARTY elects to terminate this AGREEMENT upon 30
days' prior written notice to the other PARTY.
2. SERVICES. DOUGLAS COUNTY will provide USER non-exclusive, limited
access to SOT AR for only the following activities: view the portion of SOTAR™
available to law enforcement personnel (which includes access to all data input by
jurisdictions that participate in SOTAR™), view the portion ofSOTAR™available to
the general public and, subject to Section 7 below, access SOTAR™so that USER can
input data regarding sex offenders residing in its jurisdiction (all of the above
collectively are "SERVICES"). DOUGLAS COUNTY may suspend or terminate the
SERVICES in the event USER fails to comply with any of the terms and conditions
1
Attachment 2
of this AGREEMENT and may pursue all other remedies that DOUGLAS COUNTY
has available to it against USER. USER shall not be entitled to a credit or refund in
the event this AGREEMENT is terminated pursuant to this Section 2 .
3. USAGE. USER agrees that its access to and use ofthe portion ofSOTAR™available
to law enforcement, access to the data repository underlying SOT ARn•, and all
associated documentation will be limited to the law enforcement personnel employed
by USER and the Local Administrators designated by USER. USER shall not,
directly or indirectly, disclose , copy, distribute or publish to any third party any
information from SOTARTM except for information obtained from the portion of
SOTAR™available to the general public. USER may inform the general public that
SOTAR™exists and how to access the portion ofSOTARTM available to the general
public. The general public will only be able to view the portion of SOT AR™ available
to the general public. USER shall not violate any federal , state or local statutes ,
charter provisions , ordinances , rules , regulations , or standards that apply to the
storing, handling and disclosure of information regarding any person listed in the
SYSTEM.
4 . SERVICE FEE. The parties expressly recognize and agree that DOUGLAS
COUNTY provides the SERVICES at a significant expense to DOUGLAS
COUNTY, and that DOUGLAS County's ability to provide these SERVICES free of
charge is dependent upon the av ailability o f certain funds. The parties further
recognize and agree that , in the event that said funds become unavailable for this
purpose, DOUGLAS COUNTY is under no obligation to provide the SERVICES free
of charge, but may negotiate the provision of said SERVICES on a fee basis . The
Services are provided to the USER for no fee. The COUNTY may impose a new or
increased fee at any time after 120 days' prior written notice to USER. In the event
USER does not object to the new or increased fee , the fee shall be deemed
incorporated into this Agreement in accordance with Article X Sec 20 of the
Colorado Constitution (TABOR).
5. DEPLOYMENT AND OPERATION. DOUGLAS COUNTY shall provide the
SYSTEM in its "AS IS " condition. DOUGLAS COUNTY is not obligated to pro v ide
customizations specific to USER for the SYSTEM. DOUGLAS COUNTY shall use
reasonable efforts to maintain the servers and infrastructure necessary to run the
SYSTEM. Provided , however, inaccessibility of the SYSTEM related to high traffic
volume shall not be a breach of this AGREEMENT. USER shall call 303-814-7040
(or such other number USER is notified to call) for any issues in accessing SOT AR or
the proper function of the SYSTEM. DOUGLAS COUNTY may modify (add , delete
or change) the functions and format of the SYSTEM at any time and in any way
without any advance notice to USER. DOUGLAS COUNTY may discontinue the
SYSTEM altogether at any time upon 30 days' prior written notice, in which event
USER shall be entitled to a pro-rated credit of the service fee , if applicable, that
USER paid for the year in which the discontinuance occurs. The credit may be
applied to any amounts USER owes to DOUGLAS COUNTY.
2
6. LOCAL ADMINISTRATORS. USER will designate a maximum ofthree (3) Local
Administrators within USER'S jurisdiction and provide DOUGLAS COUNTY with
their contact information, and notify DOUGLAS COUNTY promptly if they are
removed or replaced. DOUGLAS COUNTY will provide and maintain a contact
number and email address, through which only USER'S designated Local
Administrator(s) may communicate to DOUGLAS COUNTY any issues or concerns
with SYSTEM availability or performance. DOUGLAS COUNTY will communicate
via the contact information for the Local Administrators it has on file regarding the
SYSTEM including, but not limited to, any planned system maintenance or outages
or known system defects.
7. USER ACCESS AND MAINTENANCE; LICENSE. As a condition of granting
USER access to the SYSTEM, USER shall input data on all existing and new sex
offenders in USER'S jurisdiction and manage existing data in the data repository
underlying SOTAR™. DOUGLAS COUNTY will provide the Local Administrator(s)
with a secure login ID and password, limited system documentation and instructions
for acceptable use. USER'S Local Administrators shall be responsible for
provisioning, de-provisioning, maintaining and supporting system operators in
USER'S jurisdiction. Only the Local Administrator for that jurisdiction shall have
access to the user management feature for the USER'S jurisdiction. USER
understands and agrees that USER shall be solely liable for any errors, omissions or
claims arising out of or related to the data USER input into the data repository
underlying the SOTAR™application. USER understands and agrees that all data input
by USER will be viewable by all other LEA users of the SYSTEM.
8. USE OF USER INFORMATION. DOUGLAS COUNTY and all users from all
other jurisdictions that have access to the SOT AR ™ application shall have the
unlimited, perpetual, irrevocable, fully paid up right to use the data contributed by
USER provided such use complies with this AGREEMENT. Neither DOUGLAS
COUNTY nor any other jurisdiction shall have any obligation at any time to
segregate or stop using the information USER contributes to the data repository
underlying SOT AR™.
9. NO REVERSE ENGINEERING. USER shall not reverse engineer, decompile,
decrypt, or otherwise derive the design, internal logic, structure or inner workings
(including algorithms and source code) of any software, products, models or
prototypes related to the SYSTEM. USER shall not copy any part of the SYSTEM for
any reason, including that information input by USER or related to USER'S
jurisdiction.
10. NO THIRD PARTY USE OR ACCESS. USER shall not sell or in any manner,
directly or indirectly, give any access to SOT AR™, the data repository underlying
SOTARTM, documentation, or derivative works to any third party, including but not
limited to , any governmental agency in USER'S jurisdiction, any other government
agency, or any for profit or non-profit entity. All inquiries from third parties
regarding access to the SYSTEM must be directed to DOUGLAS COUNTY.
3
11. EXCLUSIVE OWNERSHIP. It is expressly understood and agreed by USER that
the SYSTEM is protected by copyright and other intellectual property laws and that
DOUGLAS COUNTY is the sole owner of all right, title and interest in and to the
SYSTEM, and that through this AGREEMENT, DOUGLAS COUNTY is conveying
only the limited access rights expressly contained in this AGREEMENT, but
DOUGLAS COUNTY is not conveying to USER any right, title or interest in or to
the SYSTEM or derivative works.
12. DISCLAIMER OF WARRANTY. The SYSTEM is provided by DOUGLAS
COUNTY on an "AS IS , WHERE IS" basis, with no warranties whatsoever except as
expressly set forth in this AGREEMENT. DOUGLAS COUNTY hereby disclaims
all other warranties, express or implied, including the implied warranties of
merchantability, fitness for a particular purpose, title, non-infringement of intellectual
property rights and course of dealing. DOUGLAS COUNTY makes no warranties or
representations regarding applicability of the SYSTEM to USER or compatibility of
the SYSTEM with the infrastructure used by USER. DOUGLAS COUNTY makes no
warranties as to the accuracy of the information contained in the data repository.
Without limiting the generality of the foregoing, DOUGLAS COIUNTY has no
obligation to indemnify or defend USER against any claims arising out of or related
to the use of the SYSTEM including, but not limited to, infringement of intellectual
property rights.
13. LIMITATIONS ON LIABILITY. In no event will DOUGLAS COUNTY be liable
for any direct, indirect, incidental, special, consequential or punitive damages arising
out of or related to this AGREEMENT regardless of the form of action, whether in
contract, tort (including, but not limited to, negligence), strict product liability or
otherwise even if DOUGLAS COUNTY is advised in advance of the possibility of
the damages in question and even if such damages were foreseeable and even if
USER'S remedies fail of their essential purpose.
14. NOTICE. Any notice required by this AGREEMENT shall be given, in writing. Any
such notice shall be deemed given (a) on the date of delivery, if personally delivered (if
a signed receipt is obtained); (b) by electronic transmission , provided electronic or other
written confirmation of delivery is obtained; or (c) on the third business day following
mailing by registered or certified mail, return receipt requested, provided proper
postage was prepaid and the mail was addressed to the address set forth immediately
below or such new address that is given to the other PARTY in accordance with this
Section 14.
1. To USER
City of Wheat Ridge, Colorado
Attn: Daniel Brennan, Chief of Police
Email Address: dbrennan@ci.wheatridge.co.us
Address: 7500 West 291h Avenue
Wheat Ridge, CO 80034
4
n . To DOUGLAS COUNTY:
Douglas County Government
Attn: Lori Orr
4000 Justice Way
Castle Rock, CO 80 109
15. APPLICABLE LAW. The PARTIES agree to comply with applicable federal , state
and local statutes , charter provisions, ordinances, rules, regulations and standards as
are in effect at the time this AGREEMENT is executed and as they may change from
time to time. Any disputes arising under this AGREEMENT shall be brought
exclusively in Douglas County District Court in the State of Colorado. USER hereby
knowingly and voluntarily waives any objection to Douglas County, Colorado as an
inconvenient forum and hereby consents to the exercise of personal jurisdiction by the
Douglas County District Court in the State of Colorado. The PARTIES may mutually
agree to informal resolution of disputes . Prior to filing litigation, the PARTIES shall
discuss participation in alternative dispute resolution, which may include pre-suit
mediation or settlement conferences.
16. NON-WAIVER. The PARTIES shall not be excused from complying with any
provisions of this AGREEMENT by the failure or delay of any PARTY to insist upon
or seek compliance with such provisions.
17. SEVERABILITY. Should any provision(s) of this AGREEMENT be determined to
be illegal or unenforceable, such provision shall be modified to make it legal and
enforceable to the fullest extent of the law . In the event modification would not make
the provision legal and enforceable, such provision shall be deleted from this
AGREEMENT and all remaining provisions of this AGREEMENT shall remain fully
enforceable. Provided , however, with respect to the deleted provision, the PARTIES
shall forthwith enter into good faith negotiations and proceed with due diligence to
draft a term that will achieve the original intent of the PAR TIES hereunder.
18. AMENDMENT. This AGREEMENT may be amended, modified , or changed, in
whole or in part, only by written AGREEMENT executed by the PARTIES hereto.
19. ASSIGNABILITY; SUBLICENSING. USER shall not assign or sublicense its
rights or delegate its duties under this AGREEMENT without the prior written
consent ofDOUGLAS COUNTY.
20. HEADINGS FOR CONVENIENCE. Headings and titles contained herein are
intended for the convenience and reference of the PARTIES only and are not
intended to combine, limit, or describe the scope or intent of any provision of this
AGREEMENT.
21 . GOVERNMENTAL IMMUNITY . The PARTIES hereto understand and agree that
the PAR TIES and their commissioners, officials, officers , directors , agents and
employees , are relying on, and do not waive or intend to waive by any provisions of
this AGREEMENT, the monetary limitations or any other rights , immunities and
5
protections provided by the Colorado Governmental Immunity Act , 55 24-10-101 to
120 , C.R.S., or otherwise available to the PARTIES.
22. OPEN RECORDS. The PAR TIES expressly agree that if any request is made that
subjects the subject matter of this AGREEMENT to disclosure pursuant to the
Colorado Open Records Act, Section 24-72-201 , C.R.S. et. seq ., then the data will be
disclosed in printed , hardcopy form , and not in digital form , so long as the law allows
this discretion. In the event it must be disclosed in digital form , the recipient shall
sign a non-disclosure and non-use agreement related to the SYSTEM (which will be
supplied by DOUGLAS COUNTY) prior to obtaining the digital information.
23 . THIRD PARTY BENEFICIARIES. DOUGLAS COUNTY does not intend by the
Agreement to assume any contractual obligations to anyone other than the USER, and
the USER does not intend by the AGREEMENT to assume any contractual obligation
to anyone other than DOUGLAS COUNTY. DOUGLAS COUNTY and USER do
not intend that there be any third-party beneficiary to this AGREEMENT.
24. SURVIVAL: Where the context of this AGREEMENT reasonably requires such an
interpretation, the pro v isions of this AGREEMENT shall survive termination.
25. EXECUTION. This AGREEMENT may be executed in counterparts.
THEREFORE, IN WITNESS WHEREOF, the PARTIES hereto have executed this
AGREEMENT, to become effective as of the latest date of signature below.
THE BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF DOUGLAS , COLORADO,
----------------Date: _______ _
David A. Weaver
Sheriff
APPROVED AS TO LEGAL FORM :
________________ .Date: _______ _
Kelly Dunnaway,
Deputy County Attorney
CITY OF WHEAT RIDGE
-------------Date: ____ _
Jerry DiTullio , Mayor
6
ATTEST:
Janelle Shaver, City Clerk
.... ~·~ .... ~ "' City of • .. ~Wheat&_dge ~OLICE DEPARTMENT
TO:
THROUGH:
FROM:
DATE:
SUBJECT:
Memorandum
Mayor DiTullio and City Council
Patrick Goff, City Manager
Daniel Brennan, Chief of Police
Joseph Cassa, Division Chief
Support Services Division
April 9 , 2013
Staff Report: Sex Offender Tracking and Registration system: SOT AR
Douglas County, Colorado Sheriffs Department (DCSO) has developed a software system to
manage and exchange information regarding sex offenders, which is accessed through a web-
based interactive software program called the Sex Offender Tracking and Registration System or
SOT AR ™ ("SOT AR"). DCSO is making this system available to other law enforcement
agencies. There are thirty-five organizations , to include county, municipal and federal law
enforcement agencies , who are participating in the SOT AR program. These agencies include:
The Douglas , Arapahoe, Boulder, Eagle, Elbert, Garfield , Gilpin , Jefferson , La Plata, Moffat,
Park, and San Miguel County Sheriffs Offices; Arvada, Aurora , Blackhawk, Broomfield , Canon
City, Castle Rock , Craig, Delta, Denver, Eagle, Elizabeth , Federal Heights , Fort Lupton , Golden ,
Greenwood Village, Littleton, Lone Tree, Longmont, Minturn, Parker, Platteville, and Vail
Police Departments ; and the United States Marshal Service have teamed up to create a resource
site of registered sex offenders living in their jurisdictions that fit the criteria of C.R.S. 16-22-
110.
The purpose of SOT AR is to provide the public with information about sex offenders. The
Wheat Ridge Police Department believes that community education is paramount to our success
as a public safety provider, and view SOTAR to be an integral part ofthe education effort.
SOT AR provides a number of advantages to law enforcement. They include: a database ,
tracking of registration dates , tracking of house checks , production of a public registry,
investigative tool and ability to share files with other SOTAR users .
The database keeps a detailed file on each sex offender, to include current and historical data
such as photos, registrations , criminal history, house checks, vehicles, addresses, victim
information/M.O., associates , contact information, protection orders, and probation or parole
supervision information. The investigative tool includes the ability to search files in all
jurisdictions, mapping functions , photo lineups and makes these files available 24/7.
SOT AR also pro vides website searches and e-mail notifications to our community. The website
searches include the name, age , convictions , physical description , address and vehicles
associated with the offender. Email notifications provide citizens with the opportunity to
received email notifications when an offender moves into their neighborhood . Limited mapping
functions are also available.
Attachment 3
Staff Report: Sex Offender Tracking and Registration System: SOT AR
April9, 2013
Page2
The impact upon the City IT Department is expected to be minimal. To set up SOT AR to be
available to the Police Department, it is estimated that it will take one hour of IT staff time. The
system will require the Police Department to export our sex offender data onto the SOT AR
website. It is unknown as to the amount oftime required to complete this task. From a daily
perspective, all of the setup and maintenance will be done by a Police Department civilian staff
member, and the IT Department will be out of the loop .
Training will take 15 to 20 minutes per person , and will be done in roll call trainings and team
meetings throughout the Police Department, and will be conducted by Police Department staff.
At this time , there is no service fee for our use of SOT AR. This is dependent upon the
availability of yearly funding by Douglas County for this purpose. There may come a time when
Douglas County does not receive , or have the anticipated funding , and a user fee may have to be
negotiated . It is unknown what those fees may be, and when they may be required .
The attached Intergovernmental Agreement (IGA) has been reviewed and approved by the
Douglas County Attorney's Office and our City Attorney 's Office. Staff recommends that the
City enter into this IGA with the Board of County Commissioners of the County of Douglas,
Colorado.
~ ~ '.(
.... ~ ~ City of •
JP"Wheat:Ri___dge
ITEMNO: Li
DATE: April22 , 2013
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 16-2013 - A RESOLUTION AMENDING
THE FISCAL YEAR 2012 BUDGET TO REFLECT THE
APPROVAL OF INCREASED AVAILABLE BEGINNING
FUND BALANCE IN CERTAIN FUNDS
D PUBLIC HEARING
D BIDS/MOTIONS
[gi RESOLUTIONS
QUASI-JUDICIAL:
ISSUE:
D ORDINANCES FOR 1ST READING
D ORDINANCES FOR 2ND READING
D YES
As staff prepares to close the 2012 fiscal year in preparation for the annual audit , the enclosed
resolution allows for the adjustment of beginning fund balance, as a result of increased revenue in
the following three funds 1) General Fund, 2) Open Space Fund and 3) Municipal Court Fund.
State budget law requires that final budgeted expenditures do not exceed final budgeted revenues.
PRIOR ACTION:
None
FINANCIAL IMPACT:
The 2012 Budget will be amended to recognize the increased available beginning fund balance in
the following funds:
General Fund $ 1 ,860,567
Open Space Fund $ 509 ,758
Municipal Court Fund $ 51,705
Total : $ 2 ,422 ,030
V:\Forms\CAFtemp late
Council Action Form
April22 , 2013
Page2
BACKGROUND:
Swanhorst & Company LLC, the City's independent auditor recommended that staff provide
Council with Exhibit A and request approval on the increased available beginning fund balance for
the General Fund , Open Space Fund and Municipal Court Fund.
RECOMMENDATIONS:
Staff recommends approval. This change does not impact 2012 expenditures or the 2013 budget
approved by Council.
RECOMMENDED MOTION:
"I move to approve Resolution No. 16-2013 -a resolution amending the Fiscal Year 2012 Budget
to reflect the approval of increased available beginning fund balance in certain funds."
Or,
"I move to postpone indefinitely Resolution No. 16-2013 , a resolution amending the Fiscal Year
2012 Budget to reflect the approval of increased available beginning fund balance in certain funds
for the following reason(s) "
REPORT PREPARED AND REVIEWED BY:
Heather Geyer, Administrative Services Director
Patrick Goff, City Manager
ATTACHMENTS:
1. Resolution No. 16-2013
TITLE:
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 16
Series of 2013
A RESOLUTION AMENDING THE FISCAL YEAR 2012 BUDGET
TO REFLECT THE APPROVAL OF INCREASED AVAILABLE
BEGINNING FUND BALANCE IN CERTAIN FUNDS
WHEREAS, City Council approved there-encumbrance of $1,301,803.33 for
the re-appropriation andre-encumbrance of 2011 Fiscal Year Encumbered funds via
Resolution No. 14-2012 on February 27, 2012; and
WHEREAS, approval of Resolution No. 14-2012 increased the expenditures
and revenues amounts in the 2012 Fiscal Year Budget.
WHEREAS, as part of preparing to close the 2012 Fiscal Year, certain funds
as shown in Exhibit A, have more available fund balance than what was adopted by
City Council during the annual budget process:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Wheat Ridge, Colorado, as follows:
A. The City of Wheat Ridge Fiscal Year 2012 Budget be amended accordingly to
recognize the year-end increased available fund balance budget in the
following funds:
General Fund
Open Space Fund
Municipal Court Fund
Total
$ 1,860,567
$ 509,758
$ 51,705
$ 2,422,030
DONE AND RESOLVED this 22th day of April2013.
Jerry DiTullio, Mayor
ATTEST:
Janelle Shaver, City Clerk
Exhibit A: 2012 Year End Available Fund Balance Schedule for Certain Funds
Key:
Original Adopted
Final Amended
Actual Actual
General Fund
Original Final
Beginning Fund Balance $8,770,912.00 $8,770,912.00
Total Revenues $35,658,021.00 $9,335,517.00
Total Available Funds $35,658,021.00 $35,839,563.00
Expenditures $28,987,109.00 $27,792,526.61
Ending Fund Balance $6,670,912.00 $8,047,036.39
O~en S~ace Fund
Original Final
Beginning Fund Balance $359,539.00 $359,539.00
Total Revenues $893,000.00 $367,539.00
Total Available Funds $1,252,539.00 $1,252,539.00
Expenditures $1,076,782.00 $1,616,659.08
Ending Fund Balance $175,757.00 -$364,120.08
Actual
$10,631,479.44
$11,174,257.29
$36,972,910.42
$25,272,386.55
$11,700,523.87
Actual
$869,296.64
$876,359.94
$1,924,414.24
$1,028,514.46
$895,899.78
Munici~al Court Fund
Original Final Actual
Beginning Fund Balance $27,123.00 $27,123.00 $78,827.81
Total Revenues $31,750.00 $27,873.00 $79,239.37
Total Available Funds $58,873.00 $58,873.00 $104,314.05
Expenditures $57,000.00 $77,300.00 $38,438.02
Ending Fund Balance $1,873.00 -$18,427.00 $65,876.03
.... ~·~
.... J r-City of •
JP'WheatRi_dge
ITEMNO: .5,
DATE: April22 , 2013
REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO APPOINT DEBORAH BOLLIG TO THE
CULTURAL COMMISSION, DISTRICT IV, TERM ENDING
MARCH 2, 2014
0 PUBLIC HEARING
~ BIDS/MOTIONS
0 RESOLUTIONS
D ORDINANCES FOR 1ST READING
0 ORDINANCES FOR 2ND READING
QUASI-JUDICIAL: D YES
ty Clerk
ISSUE:
There currently is a vacancy in District IV on the Cultural Commission. Council Members
DeMott and Langworthy request that Deborah Bollig be appointed to the Cultural Commission ,
term ending March 2 , 2014.
FINANCIAL IMPACT:
None
BACKGROUND:
The District IV Representative resigned in 2012 . There has been a vacancy since this time. The
City Clerk's Office received an application from Deborah Bollig, 4786 Flower Street, seeking to
fill this position.
RECOMMENDATIONS:
Council Members DeMott and Langworthy recommend appointing Deborah Bollig to the
Cultural Commission.
RECOMMENDED MOTION:
"I move to appoint Deborah Bollig to the Cultural Commission , term to expire March 2 , 2014."
Council Action Form
April 22, 2014
Page 2
Or,
"I move to deny the appointment of Deborah Bollig to the Cultural Commission for the
following reason(s) "
REPORT PREPARED BY:
Bruce Roome, Deputy City Clerk
ATTACHMENTS:
1. Deborah Bollig Application
Board & Commission Application
City of Wheat Ridge
PLEASE APPLY ONLY FOR .ONE BOARD OR COMMISSION
APPLICATION FOR APPOINTMENT TO THE: L ~ \ -\-u...~ 0.... \ c_ 0\ ("'C'> \ 'S. 'S:. I 0 '("\
(BOARD/COMMISSION/COMMITTEE)
DATE: 3 \ ·~~ \ \3 DISTRICT \ \J _....;.__.;..._ ___ _
\
HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDGE: \ /7-
DO YOU HAVE EXPERIENCE IN THIS AREA?__:_t-J~v~--------
HAVE YOU' EVER SERVED, OR ARE YOU CURRENTLY ON A
BOARD/COMMISSION/COMMI'TIEE AND IF SO, WHlCH ONE? HOW LONG? I\1J
ARE THERE ANY CONFLICTS WHICH WOULD INTERFERE WITH REGULAR
AITENDANCE OR DUTIES? _ ___..~O-==-------------
SIGNATUR~~ 'b, ~
PLEASE PRINT OR TYPE NAME:\-2 e \, o <""'-1, "':) "§§>o ~
ADDRESS: '-\] ~l. ~ \~e, ~ ·
HOME PHONE: . ~ r ~0 d-~l-'S l t.\Y'
BUSJNESS PHONE:. ___ N=-+-l ~A~·-------------
E-MAIL ADDRESS: 6 = \o \o <> \\ '~ Q_ (n s <'I · C 0'"""
APPLICATION WILL BE KEPT ON FILE FOR ONE YEAR
Attachment 1