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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 .... ~·~ .... 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