City of Arvada City Council Agenda APRIL 1, 2019 CITY COUNCIL CHAMBERS Regular Business

Transcription

1 City of Arvada City Council Agenda APRIL 1, 2019 CITY COUNCIL CHAMBERS Regular Business Councilmembers: Marc Williams, Mayor John Marriott, Mayor Pro Tem Bob Fifer, At large Nancy Ford, District 1 David Jones, District 4 Mark McGoff, District 2 Dot Miller, At large Staff Members Usually Present: Mark Deven, City Manager Lorie Gillis, Deputy City Manager Chris Daly, City Attorney Burt Knight, Director of Public Works Jim Sullivan, Director of Utilities Ryan Stachelski, Dir. of Community & Economic Development Bryan Archer, Director of Finance Rob Smetana, Manager of City Planning & Development Kristen Rush, City Clerk Info: THIRD FLOOR CONFERENCE ROOM EXECUTIVE SESSION 5:00 P.M. Specialized Details of Security Arrangements Pursuant to C.R.S (4)(d) CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 6:00 PM 1. Call to Order 6:00 PM 2. Moment of Reflection and Pledge of Allegiance Councilmember Fifer 3. Roll Call of Councilmembers 4. Approval of Minutes A. 5. March 18, 2019 City Council Meeting Recognitions and Communications A. Proclamation for National Child Abuse Prevention and Awareness Month presented by Councilmember McGoff B. Proclamation for Fair Housing Month presented by Councilmember Fifer C. Proclamation for National Crime Victims' Rights Week presented by Councilmember Ford 6. Public Comment on Issues not Scheduled on Agenda Three Minute Limit 7. New Business A. Consent Agenda

2 B R A Resolution Accepting Donations of Rifle Rated Ballistic Armor Equipment for Officers of the Arvada Police Department R A Resolution Authorizing an Amendment to the Jefferson Center Highlands Filing No. 1 Subdivider's/Development Agreement R A Resolution Authorizing the Release and Subordination of Jefferson County s Reversionary Interest as to Limited Areas on Certain Real Property Owned by the City of Arvada for Construction of Alkire Street and Associated Storm Drainage Improvements at Leyden Creek Ordinances (First Reading) CB An Ordinance Authorizing an Intergovernmental Agreement Between the City of Arvada, Colorado and Sabell Metropolitan District Nos. 1 & 2 (Public Hearing to be set for April 15, 2019 at 6:15 p.m.) CB An Ordinance Authorizing an Intergovernmental Agreement Between the City of Arvada, Colorado and Haskins Station Metropolitan District (Public Hearing to be set for April 15, 2019 at 6:15 p.m.) Other A Year End Financial Presentation B. Porch light Family Justice Center Introduction C. Appointments to Boards and Commissions Public Hearings 6:15 PM A. CB19 012, An Ordinance Authorizing an Additional Appropriation for Fiscal Year 2019 (Ordinance No. 4683) 10. Public Comment Five Minute Limit 11. Reports from City Council A. 12. Council Committee Reports Reports from City Manager A. Review of Future Workshops and Presentations 13. Reports from City Attorney 14. Adjournment

3 SUMMARY OF MINUTES OF THE MEETING OF THE ARVADA CITY COUNCIL HELD MARCH 18, Call to Order 6:00 p.m. Council Chambers 2. Moment of Reflection and Pledge of Allegiance 3. Roll Call of Councilmembers Those Present: Mayor Marc Williams, Mayor Pro Tem John Marriott, Councilmember Bob Fifer, Councilmember Nancy Ford, Councilmember David Jones, Councilmember, Councilmember Dot Miller. Councilmember Fifer moved to excuse Councilmember McGoff from the meeting. The following votes were cast on the Motion: Those voting Yes: Williams, Marriott, Fifer, Ford, Jones, Miller Those Absent: McGoff The Motion was Approved Also present were: Mark Deven, City Manager; Nora Steenson, Deputy City Attorney; Rachel Morris, Deputy City Attorney; Bryan Archer, Director of Finance; Burt Knight, Director of Public Works; Ryan Stachelski, Director of Community and Economic Development; Jim Sullivan, Director of Utilities; Ben Irwin, Communications Manager and Kristen Rush, City Clerk. 4. Approval of Minutes of the March 4, 2019, City Council Meeting The minutes stand approved. 5. A. Presentation of After Prom Checks presented by Councilmember Ford Councilmember Ford said that each year at this time City Council acknowledges the partnerships of school staff, parents, local businesses, Arvada School Resource Officers and others who join together to create a free, safe place for high school students to meet after prom. With elaborate decorations and creative themes the high schools are transformed into imaginative places for the students to gather. All night and into the early morning they can eat, play games, win prizes and safely party with friends at no cost. These After Prom parties provide a safe alternative to high-risk behaviors. Each school has a committee of parent volunteers who spend countless hours collecting donations, planning, preparing for and staffing these events. It is estimated that each school hosts nearly 500 students (impacting nearly 2,500 teens) at After Prom parties. Tonight we recognize the committee representatives from our local high schools that are committed to making these events a success on behalf of young people in Arvada and present each of the committees a cash donation.

4 City of Arvada March 18, 2019 Page 2 Arvada High School Arvada West High School Pomona High School Ralston Valley High School Standley Lake High School B. Proclamation for Parkinson's Awareness Month presented by Councilmember Jones Councilmember Jones said that Parkinson's disease is the second most common neurodegenerative disease in the United States. The symptoms vary from person to person and the exact cause is still unknown. As research continues, new technologies and treatments are being approved. In Arvada, Pedaling for Parkinson's hosts an indoor cycling class at the Apex Center; Parkinson's-specific exercise programs are offered at the Apex Center and the Duncan Family YMCA; and Homewatch CareGivers hosts the Arvada Parkinson's Support Group. Representatives from the Arvada Parkinson's community were present to accept the proclamation. C. Recognition of American Legion Post #161 Centennial Celebration presented by Councilmember Miller Councilmember Miller said that the American Legion is turning 100, and Post 161 in Arvada is planning to celebrate. The organization as a whole traces its roots to March 15-17, 1919, in Paris, France, in the aftermath of World War I. The American Legion was federally chartered on September 16, 1919, and quickly became an influential force at the national, state and local levels, dedicated to service to veterans, strong national defense, youth and patriotism. Post 161 was chartered on May 15, The post was named for two local heroes who gave their lives defending our nation during World War I. Corporal William Wallace Wilmore Jr, an Arvada resident, US Army, Company C, 354th Infantry Regiment, 89th Division, died in battle on the French front on September 13th, Private Benjamin A. Richter, a Wheat Ridge resident, was a member of Battery E, 341st Field Artillery was killed in action on September 15th, 1918 in France. Both were laid to rest in France. Wilmore-Richter Post 161 is proud to have donated the eagle statue outside City Hall. The post carries the colors to start the Harvest Festival Parade. It sponsors Legion baseball, an oratorical contest for high school students, and a Boy Scout troop. Once a month Post 161 hosts the Community Roundtable. Members of Arvada's Wilmore-Richter Post 161 are on hand to accept the certificate honoring the American Legion's centennial celebration. 6. Public Comment A. Allen Best and Cathy Casper, Arvada Residents, addressed council regarding the intersection at 57 th and Yukon B. Kristin Hill, Arvada Resident, addressed council regarding the Jefferson Parkway C. Nancy Wylie, Arvada Resident, addressed council regarding the Jefferson Parkway D. Nicholas Schweiker, Arvada Resident, addressed council regarding the Jefferson Parkway

5 City of Arvada March 18, 2019 Page 3 E. Jeff Stan Knee Chef Ski, Arvada Resident, addressed council regarding the Jefferson Parkway F. Scott Synder, Arvada Resident, addressed council regarding the Jefferson Parkway G. Don Figgins, Arvada Resident, addressed council regarding the Jefferson Parkway H. Brett Vernon, Arvada Resident, addressed council regarding the Jefferson Parkway I. Jeri Raabe, Arvada Resident, addressed council regarding the Jefferson Parkway J. Laura Norman, Arvada Resident, addressed council regarding the Jefferson Parkway K. Bobby Martinez, Arvada Resident, addressed council regarding the Jefferson Parkway L. Mike Raabe, Arvada Resident, addressed council regarding the Jefferson Parkway M. Wendy Federoff, Arvada Resident, addressed council regarding the Jefferson Parkway 7. New Business A. Consent Agenda 1. R A Resolution Authorizing an Agreement By and Between the City of Arvada and American West Construction, LLC, for 27" to 42" Raw Water Main Replacement, in an Amount Not to Exceed $1,362,530.00, Project No. CSB-19-WA R A Resolution Authorizing an Agreement by and between the City of Arvada and Supreme Roofing Done Right, LLC dba Supreme Roofing Systems for Roof Replacement on Arvada's Waste Water Treatment Facility in an Amount Not to Exceed $205, R A Resolution Authorizing an Agreement By and Between the City of Arvada and NV5, Inc., for Owner's Representative Services for the Parks Fleet Building Construction Project in an Amount Not To Exceed $181, Councilmember Ford moved that R19-029, A Resolution Authorizing an Agreement By and Between the City of Arvada and American West Construction, LLC, for 27" to 42" Raw Water Main Replacement, in an Amount Not to Exceed $1,362,530.00, Project No. CSB-19-WA-10; R19-030, A Resolution Authorizing an Agreement by and between the City of Arvada and Supreme Roofing Done Right, LLC dba Supreme Roofing Systems for Roof Replacement on Arvada's Waste Water Treatment Facility in an Amount Not to Exceed $205,208.00; R19-031, A Resolution Authorizing an Agreement By and Between the City of Arvada and NV5, Inc., for Owner's Representative Services for the Parks Fleet Building Construction Project in an Amount Not To Exceed $181,384.00, be approved. The following votes were cast on the Motion: Those voting Yes: Williams, Marriott, Fifer, Ford, Jones, Miller Those Absent: McGoff The Motion was Approved B. Resolutions 1. R A Resolution Authorizing an Intergovernmental Agreement for Public Improvements for the Candelas Medical Filing No. 1 Between the City of Arvada, Colorado and Jefferson Center Metropolitan District No. 1 Mark Deven, City Manager, reviewed this ordinance with council. Councilmember Fifer moved that R19-032, A Resolution Authorizing an

6 City of Arvada March 18, 2019 Page 4 Intergovernmental Agreement for Public Improvements for the Candelas Medical Filing No. 1 Between the City of Arvada, Colorado and Jefferson Center Metropolitan District No. 1, be approved. The following votes were cast on the Motion: Those voting Yes: Williams, Marriott, Fifer, Ford, Jones, Miller Those Absent: McGoff The Motion was Approved C. Ordinances (First Reading) 1. CB An Ordinance Authorizing an Additional Appropriation for Fiscal Year 2019 (Public Hearing to be set for April 1, 2019 at 6:15 pm) Mayor Pro Tem Marriott moved that CB19-012, be approved on first reading, ordered published in full, and a public hearing set for April 1, 2019 at 6:15 pm. The following votes were cast on the Motion: Those voting Yes: Williams, Marriott, Fifer, Ford, Jones, Miller Those Absent: McGoff The Motion was Approved 8. Public Hearings A. CB An Ordinance Adding Section 62-36, Pedestrian Hindering the Flow of Traffic, Section Pedestrian Use of Roadway Center Medians, and Section 62-37, Solicitation, to Chapter 62, Offenses, Repealing Other Sections of the Arvada City Code, and Establishing Penalties for Violations of the New Sections (Ordinance No. 4679) Mayor Williams opened the public hearing on CB Nora Steenson, Deputy City Attorney, reviewed this ordinance with council. No one wishing to speak for or against, the public hearing was closed. Councilmember Fifer moved that CB19-008, An Ordinance Adding Section 62-36, Pedestrian Hindering the Flow of Traffic, Section Pedestrian Use of Roadway Center Medians, and Section 62-37, Solicitation, to Chapter 62, Offenses, Repealing Other Sections of the Arvada City Code, and Establishing Penalties for Violations of the New Sections, be approved on final reading, numbered 4679 and ordered published by title only. The following votes were cast on the Motion: Those voting Yes: Williams, Marriott, Fifer, Ford, Jones, Miller Those Absent: McGoff The Motion was Approved B. CB An Ordinance Repealing and Reenacting Section 58-72, Presiding Judge, and Adding Section , Clerk of the Court, to Article III, Municipal Judges, of Chapter 58, Municipal Court, of the Arvada City Code (Ordinance No. 4680)

7 City of Arvada March 18, 2019 Page 5 Mayor Williams opened the public hearing on CB Mark Deven, City Manager, reviewed this ordinance with council. No one wishing to speak for or against, the public hearing was closed. Councilmember Ford moved that CB19-009, An Ordinance Repealing and Reenacting Section 58-72, Presiding Judge, and Adding Section , Clerk of the Court, to Article III, Municipal Judges, of Chapter 58, Municipal Court, of the Arvada City Code, be approved on final reading, numbered 4680 and ordered published by title only. The following votes were cast on the Motion: Those voting Yes: Williams, Marriott, Fifer, Ford, Jones, Miller Those Absent: McGoff The Motion was Approved C. CB An Ordinance Amending Section 30-4 of the Arvada City Code Pertaining to Council Districts (Ordinance No. 4681) Mark Deven, City Manager, reviewed this ordinance with council. No one wishing to speak for or against, the public hearing was closed. Councilmember Marriott moved that CB19-010, An Ordinance Amending Section 30-4 of the Arvada City Code Pertaining to Council Districts, be approved on final reading, numbered 4681 and ordered published by title only. The following votes were cast on the Motion: Those voting Yes: Williams, Marriott, Fifer, Ford, Jones, Miller Those Absent: McGoff The Motion was Approved D. Wendy's at Candelas Preliminary Development Plan, Candelas Parkway Mayor Williams opened the public hearings on Wendy s at Candelas Preliminary Development Plan. Rob Smetana, Planning Manager, stated that the posting logs and mailing affidavit have been received and are in order. Mayor Williams made them a part of the official record, along with the staff report. Mayor Williams swore those in wishing to speak. Sworn Testimony: Jonathan Power, Representing Applicant Greg Macik, Representing Applicant Jason Graber, Representing Applicant Mayor Williams closed the public comment portion of the public hearing.

8 City of Arvada March 18, 2019 Page 6 Councilmember Jones moved that Wendy's at Candelas Preliminary Development Plan, Candelas Parkway E. Mountain Gateway Industrial Preliminary Development Plan, generally located at Southwest corner of Robb Street and Ridge Road, be approved subject to the attached updated condition of approval. The following votes were cast on the Motion: Those voting Yes: Williams, Marriott, Fifer, Ford, Jones, Miller Those Absent: McGoff The Motion was Approved E. Mountain Gateway Industrial Preliminary Development Plan, generally located at Southwest corner of Robb Street and Ridge Road Mayor Williams opened the public hearings on Mountain Gateway Industrial Preliminary Development Plan. Rob Smetana, Planning Manager, stated that the posting logs and mailing affidavit have been received and are in order. Mayor Williams made them a part of the official record, along with the staff report. Mayor Williams swore those in wishing to speak. Sworn Testimony: Walter Cale, Representing Applicant Ken Harshman, Representing Applicant Kristina Manuel, Area Business Owner Joe Coco, Representing Applicant Mayor Williams closed the public comment portion of the public hearing. Mayor Pro Tem Marriott moved that Mountain Gateway Industrial Preliminary Development Plan, generally located at Southwest corner of Robb Street and Ridge Road, be continued to April 15, The following votes were cast on the Motion: Those voting Yes: Williams, Marriott, Fifer, Ford, Jones, Miller Those Absent: McGoff The Motion was Approved F. CB An Ordinance Rezoning Certain Land Within the City of Arvada, Village of Five Parks Flg. 6, from City of Arvada PUD-BP (Planned Unit Development-Business/Professional) to PUD-BPR (Planned Unit Development-Business/Professional/Residential), and Amending the Official Zoning Maps of the City of Arvada, Colorado, Generally Located at the Southeast Corner of W. 86th Parkway & Indiana Street (Ordinance No. 4682) G. Village of Five Parks Outline Development Plan Third Amendment, Generally Located at the Southeast Corner of W. 86th Parkway & Indiana Street

9 City of Arvada March 18, 2019 Page 7 H. Village of Five Parks Flg. 6 Preliminary Development Plan, Generally Located at the Southeast Corner of W. 86th Parkway & Indiana Street I. Village of Five Parks Flg. 6 Preliminary Plat, Generally Located at the Southeast Corner of W. 86th Parkway & Indiana Street Mayor Williams opened the public hearings on CB19-011, Village of Five Parks Outline Development Plan Third Amendment, Village of Five Parks Flg. 6 Preliminary Development Plan and Village of Five Parks Flg. 6 Preliminary Plat. Rob Smetana, Planning Manager, stated that the posting logs and mailing affidavit have been received and are in order. Mayor Williams made them a part of the official record, along with the staff report. Mayor Williams swore those in wishing to speak. Sworn Testimony: Joe Jehn, Representing Applicant Mayor Williams closed the public comment portion of the public hearing. Councilmember Jones moved that CB19-011, An Ordinance Rezoning Certain Land Within the City of Arvada, Village of Five Parks Flg. 6, from City of Arvada PUD-BP (Planned Unit Development-Business/Professional) to PUD-BPR (Planned Unit Development- Business/Professional/Residential), and Amending the Official Zoning Maps of the City of Arvada, Colorado, Generally Located at the Southeast Corner of W. 86th Parkway & Indiana Street, be approved on final reading, numbered 4682 and ordered published by title only. This motion is based on the findings of fact adopted by Planning Commission. The following votes were cast on the Motion: Those voting Yes: Williams, Marriott, Fifer, Ford, Jones, Miller Those Absent: McGoff The Motion was Approved Councilmember Jones moved Village of Five Parks Outline Development Plan Third Amendment, Generally Located at the Southeast Corner of W. 86th Parkway & Indiana Street, be approved. This motion is based on the findings of fact adopted by Planning Commission. The following votes were cast on the Motion: Those voting Yes: Williams, Marriott, Fifer, Ford, Jones, Miller Those Absent: McGoff The Motion was Approved Councilmember Jones moved that Village of Five Parks Flg. 6 Preliminary Development Plan, Generally Located at the Southeast Corner of W. 86th Parkway & Indiana Street, be approved subject to the attached updated conditions of approval. This motion is based on the findings of fact adopted by Planning Commission. The following votes were cast on the Motion: Those voting Yes: Williams, Marriott, Fifer, Ford, Jones, Miller Those Absent: McGoff

10 City of Arvada March 18, 2019 Page 8 The Motion was Approved Councilmember Jones moved that Village of Five Parks Flg. 6 Preliminary Plat, Generally Located at the Southeast Corner of W. 86th Parkway & Indiana Street. This motion is based on the findings of fact adopted by Planning Commission. 9. Public Comment - none The following votes were cast on the Motion: Those voting Yes: Williams, Marriott, Fifer, Ford, Jones, Miller Those Absent: McGoff The Motion was Approved 10. City Council Reports - A. Councilmember Ford invited everyone to her Meet and Greet on Wednesday, March 20 from 6:30 to 8:30 at Trinity Presbyterian Church. B. Councilmember Fifer complimented Nicholas Schweiker on his public comment tonight. 11. City Manager Reports Mark Deven, City Manager, reviewed the upcoming workshop schedule with council. 12. City Attorney Reports A. Mayor Williams congratulated the city attorney s office for their work on the Rule 106 action and said that we received a favorable court decision last week and that it was a reaffirmation that the advice given from the city attorney s office in terms of how we proceeded in that hearing was the correct advice. Following their guidance the district court agreed with the procedurals steps that were taken in that hearing. 13. Adjournment at 8:45 p.m. Marc Williams, Mayor SEAL: Kristen R. Rush, City Clerk

11 REPORT TO CITY COUNCIL AGENDA ITEM 5.A. TO: THE HONORABLE CITY COUNCIL DATE: April 1, 2019 SUBJECT: Proclamation for National Child Abuse Prevention and Awareness Month - presented by Councilmember McGoff Report in Brief The City of Arvada is proud to partner with Ralston House child advocacy center in recognizing April as Child Abuse Prevention Month on behalf of the many children who were interviewed at Ralston House in 2018, as well as the children and teens who are suspected of being sexually or physically abused. These children and their families directly benefit from the family-friendly care provided at Ralston House in 2018 and beyond. Ralston House provides comprehensive services to child victims and their families as they begin the healing process after traumatic experiences. During the month of April, our community joins with those who have suffered abuse by planting pinwheel gardens of hope. The fundraising goal for 2019 is $60,000 which will be raised from large community gardens and from selling individual pinwheels. As our streets and neighborhoods become planted with pinwheels, we encourage all Arvada citizens to join in renewing our commitment to preventing child abuse and learning what we can do to promote the safety and well-being of children. Tara Roesener, Development Officer for Ralston House, is present to accept the Proclamation. Prepared by: Janet Newman, Administrative Specialist Reviewed by: Sherie Farstveet, Law Office Administrator 3/12/2019 Approved by: Rachel Morris, Deputy City Attorney 3/13/2019 Chris Daly, City Attorney 3/19/2019 Nora Steenson, Senior Assistant City Attorney 3/19/2019 Lorie Gillis, Deputy City Manager 3/20/2019 Mark Deven, City Manager 3/20/2019 Enclosure, exhibits & attachments required to support the report

12 WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, although every child deserves to grow up in a nurturing environment, free from harm and fear, all children do not receive appropriate care; in fact, too many children become victims at the hands of abusive perpetrators; and Arvada has dedicated individuals and organizations who work daily to counter the problem of child abuse and to help parents obtain the assistance they need; and our community is stronger when all citizens become aware of child abuse prevention and become involved in supporting parents to raise their children in a safe and nurturing environment; and effective child abuse prevention programs, such as Ralston House, succeed because of partnerships among families, social service agencies, schools, religious and civic organizations, law enforcement agencies and the business community; and the City of Arvada collaborates with the Ralston House to provide services which address child abuse prevention, including the Pinwheels for Prevention campaign every April; and all citizens, community agencies, faith organizations and businesses will work to increase their efforts to support families; NOW, THEREFORE, BE IT PROCLAIMED that the Mayor and the Arvada City Council hereby designate the month of April 2019 as CHILD ABUSE PREVENTION MONTH. We encourage all Arvada citizens to join in renewing our commitment to preventing child abuse through awareness and action. Every responsible person will agree that even one abused child is too many. Dated this 1st day of April, 2019 Marc Williams, Mayor John Marriott, Mayor Pro Tem Bob Fifer, Councilmember Nancy Ford, Councilmember David Jones, Councilmember Mark McGoff, Councilmember Dot Miller, Councilmember

13 REPORT TO CITY COUNCIL AGENDA ITEM 5.B. TO: THE HONORABLE CITY COUNCIL DATE: April 1, 2019 SUBJECT: Proclamation for Fair Housing Month - presented by Councilmember Fifer Report in Brief Every April, HUD celebrates National Fair Housing Month and commemorates the anniversary of the passage of Title VIII of the Civil Rights Act of 1968 (the Fair Housing Act). The Fair Housing Act requires that housing providers offer equal access to housing, regardless of race, color, national origin, sex, religion, familial status, or disability. In April 2019, communities and various entities celebrate the 51st anniversary of the passage of the Fair Housing Act. Residents of this country will be reminded that all housing consumers have the right to be free from illegal housing discrimination and be able to select and live in housing of their choice. Fair Housing Month is a perfect time to recognize our commitment in fostering open and diverse communities of opportunity. During April, HUD has indicated there are fair housing events throughout the region. These events recognize that equal opportunity and cultural diversity strengthen communities and are synonymous with sustainability. In addition, this year the City recognizes the Denver Metro Fair Housing Center for their work to promote fair housing choice and to eliminate barriers to housing opportunities for all. In recognition of these efforts, it is appropriate for the City to issue and distribute a proclamation declaring the month of April as National Fair Housing Month in Arvada. Prepared by: Janet Newman, Administrative Specialist Reviewed by: Sherie Farstveet, Law Office Administrator 3/12/2019 Approved by: Rachel Morris, Deputy City Attorney 3/13/2019 Chris Daly, City Attorney 3/19/2019 Nora Steenson, Senior Assistant City Attorney 3/19/2019 Lorie Gillis, Deputy City Manager 3/20/2019 Mark Deven, City Manager 3/20/2019 Enclosure, exhibits & attachments required to support the report

14 WHEREAS, the year 2019 marks the 51st anniversary of the passage of the Federal Fair Housing Act: Title VIII of the Civil Rights Act, as amended; and WHEREAS, the Civil Rights Act of 1968 guarantees that housing throughout the City of Arvada and the United States of America should be made available to all citizens without regard to race, color, religion, national origin, gender, age, sexual orientation, familial status, gender or disability; and WHEREAS, illegal barriers to equal opportunity in housing, no matter how subtle, diminish the rights of all and only with the cooperation, commitment, and support of the City of Arvada can barriers to the enjoyment of housing choice be removed; and WHEREAS, the City of Arvada shares the vision for equal housing opportunities of all residents in the city and hereby joins in the national celebration for Fair Housing Month; and WHEREAS, the City of Arvada recognizes the Denver Metro Fair Housing Center for their work to promote fair housing choice and to eliminate barriers to housing opportunities for all. NOW, THEREFORE, BE IT PROCLAIMED by the Mayor and City Council of the City of Arvada, Colorado, that the month of April 2019 is designated Fair Housing Month. Dated this 1st day of April, 2019 Marc Williams, Mayor John Marriott, Mayor Pro Tem Bob Fifer, Councilmember Nancy Ford, Councilmember David Jones, Councilmember Mark McGoff, Councilmember Dot Miller, Councilmember

15 REPORT TO CITY COUNCIL AGENDA ITEM 5.C. TO: THE HONORABLE CITY COUNCIL DATE: April 1, 2019 SUBJECT: Proclamation for National Crime Victims' Rights Week - presented by Councilmember Ford Report in Brief The week of April 7 through April 13, 2019, will be recognized as National Crime Victims' Rights Week. This week is an opportunity to acknowledge and strive to bring justice to victims of crime throughout the nation. This year s theme is to expand the circle and to reach all victims, emphasizing the importance of inclusion in victim services. The theme of expanding the circle hopes to address how the crime victim s field can better ensure that every crime victim has access to services and support, and how professionals, organizations and communities can work in tandem to reach all victims. A Board member for Victim Outreach Inc. is present to accept this Proclamation. Prepared by: Aaron Jacks, Assistant City Attorney Approved by: Mark Deven, City Manager 3/20/2019 Enclosure, exhibits & attachments required to support the report

16 WHEREAS, WHEREAS, WHEREAS, Americans are the victims of more than 20 million crimes each year, affecting individuals and communities; and providing victims with knowledge of their rights and available services further strengthens their ability to recover by restoring a sense of self-empowerment; and a trauma-informed response to victims promotes healing and fosters strength in survivors and unaddressed trauma from victimization weakens the resilience of victims and their communities, impeding their ability to withstand future trauma; and WHEREAS, victims who feel understood and supported are more likely to disclose their victimization, seek services, and participate in the justice process; and WHEREAS, WHEREAS, WHEREAS, a multidisciplinary response involving collaboration among victim service professionals, criminal justice officials, legal professionals, medical and mental health providers and community leaders is essential to reach and serve all victims especially those who are marginalized, have disabilities or live in remote locations; and National Crime Victims Rights Week, April 7-13, 2019, provides an opportunity to recommit to ensuring that all victims of crime especially those who are challenging to reach or serve are afforded their rights and receive a trauma-informed response; and the City of Arvada is hereby dedicated to strengthening victims and survivors in the aftermath of crime, building resilience in our communities and our victim responders, and working for justice for all victims and survivors. NOW, THEREFORE, BE IT PROCLAIMED by the Mayor and members of the City Council that April 7-13, 2019, is NATIONAL CRIME VICTIMS RIGHTS WEEK in Arvada, Colorado. Dated this 1st day of April, 2019 Marc Williams, Mayor John Marriott, Mayor Pro Tem Bob Fifer, Councilmember Nancy Ford, Councilmember David Jones, Councilmember Mark McGoff, Councilmember Dot Miller, Councilmember

17 REPORT TO CITY COUNCIL AGENDA ITEM 7.A. TO: THE HONORABLE CITY COUNCIL DATE: April 1, 2019 SUBJECT: Consent Agenda Report in Brief 7.A.1. R A Resolution Accepting Donations of Rifle-Rated Ballistic Armor Equipment for Officers of the Arvada Police Department 7.A.2. R A Resolution Authorizing an Amendment to the Jefferson Center Highlands Filing No. 1 Subdivider's/Development Agreement 7.A.3. R A Resolution Authorizing the Release and Subordination of Jefferson County s Reversionary Interest as to Limited Areas on Certain Real Property Owned by the City of Arvada for Construction of Alkire Street and Associated Storm Drainage Improvements at Leyden Creek Suggested Motion: Moved by: I move that the Consent Item(s), Number(s) R be (Removed from the Consent Agenda and Heard Upon Item ) (Referred to a Workshop) (Postponed Indefinitely). YES NO ABSENT That All/Remaining Consent Items be (Approved) (Rejected). YES NO ABSENT Prepared by: Bruce Roome, Records Management Coordinator Enclosure, exhibits & attachments required to support the report

18 REPORT TO CITY COUNCIL RESOLUTION AGENDA ITEM 7.A.1. TO: THE HONORABLE CITY COUNCIL DATE: April 1, 2019 SUBJECT: R A Resolution Accepting Donations of Rifle-Rated Ballistic Armor Equipment for Officers of the Arvada Police Department Report in Brief Arvada City Charter Section 13.6 provides that the City Council may accept donations of property on behalf of the City. Shield 616, a 501(c)(3) non-profit organization, supports law enforcement and fire protection agencies across the country by donating equipment kits consisting of rifle-rated body armor, helmet, and a gunshot wound first aid kit. Shield 616 has donated 26 such equipment kits to the APD since January 1, 2018, including a donation of 20 kits on February 26, Staff recommends that the City Council approve R19-033, A Resolution Accepting Donations of Rifle-Rated Ballistic Armor Equipment for Officers of the Arvada Police Department. Financial Impact The donation has no financial impact on the City. Background APD officers face potential threats from armed suspects on a daily basis. Uniformed APD officers are required to wear soft body armor while on duty. While soft body armor affords an officer protection against handgun ammunition, it will not stop rifle ammunition. Rifle-rated body armor is available, but it is very heavy and impractical for an officer to wear as part of a regular uniform. The APD provides high quality soft body armor for its officers, but issuing additional rifle-rated body armor is prohibitively expensive. Shield 616 provides donations of rifle-rated armor equipment to police and fire departments so that police officers and firefighters may perform their duties with extra protection when needed. Shield 616 provides its armor kits at no charge to the agency. To date, the organization has provided kits to approximately 2500 police officers and first responders in 18 states. Discussion Shield 616 has donated 26 equipment kits to the APD since January Shield 616 allows its donors to request kits to go to specific officers, but most donations are provided to the agency generally. Three of Shield 616's APD donations were directed to specific officers. The APD has determined the distribution of the other 23 kits across different shifts and sector assignments to increase the likelihood that APD officers will have additional armor available in the event of an incident involving a suspect armed with a rifle. Public Contact

19 SUBJECT: R A Resolution Accepting Donations of Rifle-Rated Ballistic Armor Equipment for Officers of the Arvada Police Department PAGE: 2 ITEM: 7.A.1. Posting of the City Council agenda. Commission Recommendation N/A Strategic Alignment Accepting this donation aligns with the Safe Community Priority Area within the City Council Strategic Plan. The armor donated by Shield 616 provides APD officers with additional specialized protection as they go about their duties. APD officers are thus better prepared to protect the community. Alternative Courses of Action N/A Recommendation for Action Staff recommends that the City Council approve R19-033, A Resolution Accepting Donations of Rifle-Rated Ballistic Armor Equipment for Officers of the Arvada Police Department. Suggested Motion: I move that R19-033, A Resolution Accepting Donations of Rifle-Rated Ballistic Armor Equipment for Officers of the Arvada Police Department, be (approved) (rejected). Prepared by: Aaron Jacks, Assistant City Attorney Approved by: Link Strate, Chief of Police 3/14/2019 Sherie Farstveet, Law Office Administrator 3/14/2019 Nora Steenson, Senior Assistant City Attorney 3/20/2019 Rachel Morris, Deputy City Attorney 3/20/2019 Lorie Gillis, Deputy City Manager 3/21/2019 Mark Deven, City Manager 3/21/2019 Enclosure, exhibits & attachments required to support the report

20 RESOLUTION NO. R A RESOLUTION ACCEPTING DONATIONS OF RIFLE-RATED BALLISTIC ARMOR EQUIPMENT FOR OFFICERS OF THE ARVADA POLICE DEPARTMENT WHEREAS, the Arvada Police Department investigates crime and apprehends criminals; and WHEREAS, Arvada police officers face threats including violent criminals that may be armed with rifles that can penetrate standard body armor; and WHEREAS, Shield 616, a 501(c)(3) charitable organization which supports law enforcement and fire protection agencies across the country with donations of protective equipment, has donated 26 packages of rifle-rated ballistic armor, helmets, and gunshot first aid kits to the Arvada Police Department from January 1, 2018 to February 26, 2019; and WHEREAS, Section 13.6 of the Arvada City Charter provides that the City Council may receive such donations on behalf of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ARVADA, COLORADO: Section 1. The City Council hereby accepts Shield 616 s generous donation on behalf of the City. Section 2. This resolution shall be effective upon its approval by the City Council. APPROVED AND ADOPTED this 1st day of April, ATTEST: Marc Williams, Mayor City Clerk APPROVED AS TO FORM: Christopher K. Daly, City Attorney By:

21 REPORT TO CITY COUNCIL RESOLUTION AGENDA ITEM 7.A.2. TO: THE HONORABLE CITY COUNCIL DATE: April 1, 2019 SUBJECT: R A Resolution Authorizing an Amendment to the Jefferson Center Highlands Filing No. 1 Subdivider's/Development Agreement Report in Brief Jefferson Center Highlands subdivision was created in 1997 by Howard Lacy. As part of that development a development agreement was created that, in part, required a residential fire sprinkler system within each home. Staff have been working with home owners within the development agreement area who wish to have this provision removed from the development agreement. Staff has reviewed the request with various departments, including Building, Planning, Legal, City Managers Office, and the Coal Creek Fire District. At the property owner's request, staff is comfortable allowing the development agreement to be amended, removing the fire sprinkler regulation from the development agreement. All property owners within Filing 1 have also agreed to the amendment. Staff recommends approval of R19-034, A Resolution Authorizing an Amendment to the Jefferson Center Highlands Filing No. 1 Subdivider's/Development Agreement. Financial Impact N/A Background Jefferson Center Highlands was created in 1997 by Howard Lacy. As part of that development a development agreement was created that, in part, required a residential fire sprinkler system within each home. This area developed slowly over the past 20 years, and not all houses that were built during this time installed a fire sprinkler system, although some did. Residents who are in the development process would like the City to remove this provision from the development agreement. The City team has spoken with the Coal Creek Fire District, and they are amenable to following the local jurisdictions lead on the issue. Canyon Pines does NOT have a fire sprinkler system requirement within their development agreement. In 2011, City Council directed that the City modify its version of the International Residential Code (IRC) to NOT require fire sprinkler systems in single family homes and reaffirmed that decision when they approved the 2015 version of the IRC. Based on the residents request, and to be consistent with the application of this requirement throughout the City, the City team is comfortable with amending the development agreement to remove the fire sprinkler requirement. Discussion Within the Jefferson Center Highlands Subdivision there are three Filing areas with three separate but similar development agreements that currently require residential fire sprinklers. Filing 1 and Filing 2 were approved by City Council in 1997 and 1999 respectively. Filing 3 was approved in 2005 administratively. There have been formal requests from the property owners in both Filing 1 and Filing 3 for amendments. All property owners within the filing area and the City need to agree to the amendment. All of the property owners within Filing 1 have agreed to the amendment and the recommended action will amend

22 SUBJECT: R A Resolution Authorizing an Amendment to the Jefferson Center Highlands Filing No. 1 Subdivider's/Development Agreement PAGE: 2 ITEM: 7.A.2. the Filing 1 Subdivider's/Development Agreement to remove the residential fire sprinkler requirement. Community and Economic Development team members are working with the Filing 3 property owners and will process an amendment to the Subdivider's/Development Agreement separately as that document was approved administratively as described herein. There has been no formal request from property owners in Filing 2 to amend their development agreement; therefore, an amendment is not required at this time. Public Contact Posting of City Council agenda. Commission Recommendation N/A Strategic Alignment The proposed action aligns with the Growth and Economic Development Priority Area of the City Council Strategic Plan. Alternative Courses of Action N/A Recommendation for Action Staff recommends approval of R19-034, A Resolution Authorizing an Amendment to the Jefferson Center Highlands Filing No. 1 Subdivider's/Development Agreement. Suggested Motion: I move that R19-034, A Resolution Authorizing an Amendment to the Jefferson Center Highlands Filing No. 1 Subdivider's/Development Agreement, be (approved) (denied). Prepared by: Joan Brown, Administrative Supervisor Reviewed by: Carolina Rodriguez, Legal Administrative Specialist 3/11/2019 Sherie Farstveet, Law Office Administrator 3/11/2019 Approved by: Ryan Stachelski, Director of Community and Economic Development 3/7/2019 Julie Richards, Senior Assistant City Attorney 3/12/2019

23 SUBJECT: R A Resolution Authorizing an Amendment to the Jefferson Center Highlands Filing No. 1 Subdivider's/Development Agreement PAGE: 3 ITEM: 7.A.2. Lori Graham, Senior Assistant City Attorney 3/14/2019 Chris Daly, City Attorney 3/19/2019 Nora Steenson, Senior Assistant City Attorney 3/19/2019 Lorie Gillis, Deputy City Manager 3/20/2019 Mark Deven, City Manager 3/20/2019 Enclosure, exhibits & attachments required to support the report

24 3/20/2019 R JEFFERSON CENTER HIGHLANDS FILING NO. 1 - Google Docs RESOLUTION NO. R A RESOLUTION AUTHORIZING AN AMENDMENT TO THE JEFFERSON CENTER HIGHLANDS FILING NO. 1 SUBDIVIDER S/DEVELOPMENT AGREEMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ARVADA, COLORADO: Section 1. The Mayor or Mayor Pro Tem is authorized to sign and the City Clerk to attest, in form approved by the City Attorney, an Amendment to the Subdivider s/development Agreement, which is in substantially the same form as that attached hereto. Section 2. This resolution shall be effective upon its approval by the City Council. APPROVED AND ADOPTED this 1st day of April, Marc Williams, Mayor ATTEST: City Clerk APPROVED AS TO FORM: Christopher K. Daly, City Attorney By: 1/1

25 AMENDMENT TO JEFFERSON CENTER HIGHLANDS FILING NO.1 SUBDIVIDER S/DEVLEOPMENT AGREEMENT This AMENDMENT TO SUBDIVIDER S/DEVELOPMENT AGREEMENT (the Agreement ) is executed, 2019 by and between Kelly Anderson, Tod Anderson, David Simms, Loretta Simms, the Christopher M. Biety Trust, the Monnie M. Biety Trust (hereinafter the Owners ) and the City of Arvada (hereinafter Arvada ), a political subdivision of the State of Colorado, with reference to the following: RECITALS WHEREAS, the City of Arvada, a political subdivision of the State of Colorado, and Howard W. Lacy, the original owner/developer of the property described in Exhibit A hereto and referenced herein as Jefferson Center Highlands Filing No. 1 Minor Plat or the Property entered into a certain SUBDIVIDER S/DEVELOPMENT AGREEMENT, dated December 18, 1996 and recorded at Reception No. F in the real property records of Jefferson County, Colorado (hereinafter the Original Development Agreement ). WHEREAS, the Owners are the successors-in-interest to the Original Development Agreement and to the Property, which is the subject matter of the Original Development Agreement. WHEREAS, the Owners and Arvada wish to amend the Original Development Agreement to omit Paragraph 18 in its entirety. NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Arvada and Owners agree to delete the entirety of Paragraph 18 from the Original Development Agreement. Except to the extent expressly amended hereby, the Original Development Agreement shall remain in full force and effect without impairment or modification. The provisions of the Original Development Agreement and this Amendment may not be amended or altered except by a written instrument duly executed by each of the parties hereto. Each of the parties shall execute such other and further documents and do such further acts as may be reasonably required to effectuate the intent of the parties and carry out the terms of this Amendment. Executed as of the day and year first above written. Page 1 of 3

26 CITY OF ARVADA, a Colorado municipal corporation ATTEST: City Clerk Marc Williams, Mayor 8101 Ralston Road Arvada, CO APPROVED AS TO FORM: Christopher K. Daly, City Attorney By: Kelly Anderson, Owner Tod Anderson, Owner STATE OF COLORADO COUNTY OF JEFFERSON Before me, the undersigned authority, personally appeared and, who acknowledged the execution of the foregoing instrument on the day of, He/she/they is/are personally known to me or produced as identification. NOTARY PUBLIC, State of Colorado Printed Name of Notary Commission Expires Page 2 of 3

27 David Simms, Owner Loretta Simms, Owner STATE OF COLORADO COUNTY OF JEFFERSON Before me, the undersigned authority, personally appeared and, who acknowledged the execution of the foregoing instrument on the day of, He/she/they is/are personally known to me or produced as identification. NOTARY PUBLIC, State of Colorado Printed Name of Notary Commission Expires Christopher M. Biety On behalf of Christopher M. Biety Trust, Owner Monnie M. Biety On behalf of Monnie M. Biety Trust, Owner STATE OF COLORADO COUNTY OF JEFFERSON Before me, the undersigned authority, personally appeared and, who acknowledged the execution of the foregoing instrument on the day of, He/she/they is/are personally known to me or produced as identification. NOTARY PUBLIC, State of Colorado Printed Name of Notary Commission Expires Page 3 of 3

28 RECEPTION NO. F036<^ E10 RECORDED IN JEFFERSON COUNTY, COLORADO PG: /30/97 13:52:08 JEFFERSON CENTER HIGHLANDS FILING NO. 1 SUBDIVIDER'S/DEVELOPMENT AGREEMENT M THIS SUBDIVIDER'S/DEVELOPMENT AGREEMENT is entered into and made between n Howard W. Lacy, hereinafter referred to as "Owner/Developer," whose address is West Highway 72, Arvada, Colorado, 80007, and the City of Arvada, a Colorado municipal corporation whose address is 8101 Ralston Road, Arvada, Colorado, 80002, hereinafter referred to as the "City." This Subdivider's/Development Agreement ("Agreement") shall be effective following execution by the Owner/Developer and immediately upon approval by the City Council of the City of Arvada as evidenced by the signature of the City's Mayor or Mayor Pro Tem. t-i RECITALS: WHEREAS, The Owner/Developer is owner of the following described property located in the City of Arvada, County of Jefferson, State of Colorado: Attached Exhibit A. hereinafter referred to as "Jefferson Center Highlands Filing No. 1 Minor Plat." WHEREAS, the Owner/Developer is planning development of Jefferson Center Highlands Filing No. 1 and the development will require installation of utility connections. WHEREAS, the Owner/Developer has submitted to the City a proposed Minor Plat for Jefferson Center Highlands Filing No. 1 entitled "Jefferson Center Highlands Filing No. 1 Minor Plat" and this Minor Plat is subject to City review and approval. The Jefferson Center Highlands Filing No. 1 Minor Plat, as approved by the City, shall be recorded at the Owner/Developer's expense with the Clerk and Recorder for Jefferson County, Colorado, following City review and approval. The Jefferson Center Highlands Filing No. 1 Minor Plat, as recorded, is incorporated into this Agreement. The Owner/Developer has also submitted to the City a Final Development Plan which is a public record on file and available for review at the City of Arvada, City Hall, Planning Department, 8101 Ralston Road, Arvada, Colorado. The Final Development Plan is incorporated into this Agreement for purposes of illustration and interpretation of the terms and conditions of the Agreement. WHEREAS, there is an existing Jefferson Center Subdivider's Agreement between Jefferson Center Associates (JCA) and the City for the Jefferson Center Comprehensive Development Plan area, and this Agreement is in addition to that agreement and is specific for the Jefferson Center Highlands Filing No. 1 within the Jefferson Center Comprehensive Development Plan area. NOW, THEREFORE, in consideration of the mutual promises, covenants, and agreements of the parties, the approval by the City of Arvada of the Minor Plat and Final Development Plan of Jefferson Center Highlands Filing No. 1, the dedication of certain land to the City for utility and emergency access easement purposes, and other good and valuable considerations, the sufficiency and adequacy of which are hereby acknowledged by the Page 1 of 7

29 parties, the parties hereto agree as follows: 1. PLAT. The Owner/Developer upon final approval of the Minor Plat of Jefferson Center Highlands Filing No. 1, shall immediately deliver the original mylar of said Jefferson Center Highlands Filing No. 1 Minor Plat to the City Clerk of the City of Arvada, along with $21.00 for the first plat sheet, and $10.00 for each subsequent plat sheet. 2. RECORDATION OF PLAT. Following approval of the Jefferson Center Highlands Filing No. 1 Minor Plat, the City shall immediately record the Minor Plat at the Owner/Developer's cost and expense with the Clerk and Recorder of Jefferson County, Colorado. P- 3. LAND DEDICATION/FEE-IN-LIEU. Section of the City Code excludes any PUD-NC sub-district from the 6% land dedication requirement, when the density is one unit per acre or lesser density. Therefore, no land dedication or fee-in-lieu is due for this development. 4. PARK DEVELOPMENT FEE. Section of the City Code excludes any PUD-NC zoned property from the $300 park development fee per dwelling unit, when the density is one unit per acre or lesser density. Therefore, there are no park development fees due for this development. 5. PUBLIC UTILITY FEES. The Owner/Developer shall pay all installation charges for lighting, electric and/or jgas required by United Power Company in-this development. 6. SUBDIVISION MONUMENTATION. In accordance with the applicable Colorado Revised Statutes, as amended, and in accordance with the Jefferson Center Subdivider's Agreement, the Owner/Developer shall establish all subdivision monumentation and have the monumentation approved by the Engineering Department prior to issuance of any certificate of occupancy. 7. CONTRACTOR LICENSING. Before proceeding with any of the work contemplated herein, the Owner/Developer shall ensure that all contractors and/or subcontractors employed by the Owner/Developer shall be licensed by the City before the contractor and/or subcontractor may commence work on any improvements within Jefferson Center Highlands Filing No DELAYS. The parties have executed this contract such that completion of the improvements shall be subject to strikes, accidents, acts of God, weather conditions which justify a delay construction in light of standard practices in the building profession, inability to secure labor, fire regulations or restrictions imposed by any government or governmental agency, or other delay resulting from events which are beyond the control of the delaying party and which are agreed to by the parties as justifying delay. 9. ROAD MAINTENANCE. The Owner/Developer shall take am steps necessary to limit and prevent the accumulation of, and to remove accumulated mud, sediment, dirt, trash, and other debris that is "tracked," blown, or otherwise carried onto public property or off-site onto private property during development. Such obligation shall continue until all units and Page 2 of 7

30 improvements within Jefferson Center Highlands Filing No. 1 Minor Plat are completed. If the Owner/Developer fails to remedy any conditions caused or generated by the development as contemplated by this paragraph within twenty-four hours of oral or written notice by the City, the Owner/Developer agrees to pay to the City any costs incurred by the City in remedying such conditions. Payment of such costs shall be made prior to the City's issuance of additional building permits or certificates of occupancy for all or any part of the development and the Owner/Developer understands and agrees that the City may revoke existing building permits until such time as costs incurred pursuant to this paragraph are paid in full. Nothing herein shall obligate the City to remedy such conditions or shall limit the City in its selection of the method or manner of remedy, including but not limited to contracting with an individual or company to remedy such conditions PUBLIC DEDICATION. The City may request, and the Owner/Developer shall provide at the Owner/Developer's cost, documentary evidence satisfactory to the City that any public rights-of-way, easements, or other property dedicated, conveyed, acquired, devised, or granted to the City is free and clear of encumbrances which, in the sole opinion of the City, defeat, limit, or impede the City's ability use of the public property as intended. 11. PAYMENT OF FEES AND CHARGES. The Owner/Developer agrees to comply with all pertinent ordinances, rules and regulations of the City and shall pay all fees and other charges in a timely manner as required by the City, including but not limited to building permits, inspection fees, tap fees, drainage fees, imposed by the City by ordinance, rule, resolution, motion, or by the terms and conditions of this Agreement. 12. COUNTY CONSTRUCTION/ACCESS PERMITS. The Owner/Developer shall meet the requirements of the Jefferson County Public Works Department regarding construction/ access permits to Jefferson County roads. 13. WATER TAPS. Individual water taps must be obtained prior to the issuance of a building permit. 14. CITY INDEMNIFICATION ON WATER. The Owner/Developer agrees to indemnify and hold the City harmless from any and all claims or losses of any nature whatsoever resulting from or related to the issue of the availability or provision of water to the property or any part thereof. A note shall be added to the Jefferson Center Highlands Filing No. 1 Minor Plat stating that: "All lots created hereby are within the Blue Mountain Water District, an independent special district. The City has no present plans to, or infrastructure with which to, provide water to the property platted hereby." 15. PROHIBITION OF WELL DRILLING. Wells and well drilling are prohibited within this development. There shall be no reference to wells or well drilling in the Final Development Plan, Covenants and Development and Operational Standards. 16. SEPTIC SYSTEMS. The Owner/Developer shall meet the requirements of and obtain approval from the Jefferson County Health Department for individual septic systems prior to the issuance of a building permit. The Owner/Developer shall use a sewage disposal method acceptable to Metro Wastewater Reclamation District ("Metro") or, in the alternative accomplish the exclusion of the property from the service area of Metro prior to the issuance Page 3 of 7

31 of a certificate of occupancy. The Owner/Developer understands and agrees that the City assumes no responsibility in the event Metro Wastewater Reclamation District fails to authorize the septic use on the property and that the Owner/Developer agrees to proceed at his sole and exclusive risk with respect to the property. In the event Metro consents to the use of individual septic systems on the property and the property is not excluded from Metro's service area, the Owner/Developer shall pay Metro, Jefferson Center Metropolitan District No. 1, and City of Arvada sewer tap fees, prior to the issuance of a certificate of occupancy on the property, and further, shall remit upon demand by Metro, or the City on Metro's behalf, any annual sewer charges as may be asserted by Metro, and shall connect to the public sewer when it is available within 200 feet of the Owner/Developer's property boundary. i 17. CITY INDEMNIFICATION ON ACCESS. The Owner/Developer agrees to indemnify and hold harmless the City from any and all claims or losses of any nature whatsoever resulting from, or related to, the issue of access to and from the property and residential lots platted thereon from and to Westridge Road and/or Blue Mountain Drive. 18. FIRE SPRINKLER SYSTEMS. The Owner/Developer agrees that all homes shall be provided with a residential fire sprinkler system. 19. DEVELOPMENT STANDARDS. The Owner/Developer agrees to develop in accordance with the approved Final Development Plan. Development standards shall include, but shall not be limited to the following: Development shall occur within the designated building envelopes which represent areas that are less than 30% slope. B. For all lots, driveways shall be less than 10% slope. The provision of Section of the Zoning Ordinance requiring: "Residential dwellings on ridgelines shall be sited so that buildings are offset to ensure that the maximum building height of the structure is not more than 15 feet above any such ridgeline" shall be waived, provided that prior to the issuance of a building permit, the Owner/Developer shows that existing on-lot vegetation is maintained to provide a continuous screen or backdrop for the dwelling. 20. FUTURE EASEMENT AREA. The Owner/Developer agrees that the area on the Minor Plat noted as 'THE FUTURE EASEMENT AREA TO BE GRANTED BY SEPARATE DOCUMENT' shall be so granted prior to the issuance of a building permit for each lot. 21. COVENANTS. The Owner/Developer shall record the approved covenants and shall provide a copy to the City Planning Department prior to the City recording the Jefferson Center Highlands Filing No. 1 Minor Plat. 22. EROSION. CONTROL. The Owner/Developer shall comply with applicable provisions of the Arvada City Code entitled "Soil Erosion and Sediment Control," Chapter 15, Article IV, sections through and including Page 4 of 7

32 23. WAIVER. A waiver by any party to this Agreement of the breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either party. 24. BINDING EFFECT. The parties hereto agree that this Subdivider's/Development Agreement, by its terms, shall be binding upon the successors, heirs, legal representatives, and assigns thereof and shall constitute covenants running with the described property. 25. NO THIRD PARTY BENEFICIARIES. It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the City and Owner/Developer, and nothing contained in this Agreement shall give or allow any such claim or right of action by any other third person on such Agreement. It is the express intention of the City and Owner/Developer that any person other than the City or Owner/Developer receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. 26. GOVERNING LAW AND ENFORCEMENT. This Agreement shall be governed by the laws of the State of Colorado. The parties agree and acknowledge that this Agreement may be enforced at law or in equity. In addition to any other available remedies, it is understood and agreed that the City may withhold any requested permits or certificates, including but not limited to building permits and certificates of occupancy, for any lot within the Jefferson Center Highlands Filing No. 1 development in the event of a breach of this Agreement by the Owner/Developer. 27. PARAGRAPH CAPTIONS. The captions of the paragraphs are set forth only for the convenience and reference of the parties and are not intended in any way to define, limit or describe the scope or intent of this Agreement. 28. SEVERABILITY. Invalidation of any of the provisions of this Agreement or any paragraph sentence, clause, phrase, or word herein or the application thereof in any given circumstance shall not affect the validity of any other provision of this Agreement. 29. RECORDATION OF AGREEMENT. This Agreement shall be recorded by the City with the Clerk and Recorder's Office of Jefferson County. 30. INCORPORATION OF EXHIBITS. Unless otherwise stated in this Agreement, exhibits referenced in this Agreement shall be incorporated into this Agreement for all purposes. 31. NOTICES. Any notice required or permitted by this Agreement shall be in writing and shall be deemed to have been sufficiently given for all purposes if sent by certified mail or registered mail, postage and fees prepaid, addressed to the party to whom such notice is to be given at the address set forth on the signature page below, or at such other address as has been previously furnished in writing, to the other party or parties. Such notice shall be deemed to have been given when deposited in the United States Mail. Page 5 of 7

33 DATED THIS DAY OF DiL&UnloJLh 19^. CITY OF ART municipal-eom< rati, a Colorado :'>/ i! 'Q t?, "T' ' obert Gv Ffie, Mayor 8101 Ralston Road Arvada, Colorado ^A' /T" ' V S ATTEST: APR] D AS TO FO City Clerk fzftz. City Attorney d/2 OWNER/DEVELOPER By: HewarawTLacy West Highway 72 Arvada, Colorado STATE OF COLORADO ) ) ss. COUNTY OF JEFFERSON ) Acknowledged before me this dav 1 99, by Howard W. Lacy. My Commission Expires: /f~5~<n Notary/^, ^ (l t " T"' 1 ^ r, C'j f /Q Page 6 of 7

34 'f* Y EXHIBIT A A parcel of lend located in the NW 1/4 of Section 50, T. 2 S., R. 70 V/., and a porcel of land located in the NEl/4 of Section 25, 7. 2 S., R. 71 W. both of the 6th P.M., City of Arvadc, County of Jefferson, State of Colorado being described os follows: 1 Commencing at the- NW corner of said Section 30,. soid point also being the NE corner of said Section 25 end considering the North line of the. said NW 1/4 Section 30 to beer S 8S*45'47" E and oil bearings contained herein relative thereto: Thence S 89'45'47" E along the North line of the said NW 1/4, feet to the TRUE POINT OF BEGINNING: Thence continuing aiong the said North line S 8S'4-5'47" E, feet; Thence leavino the soid North!ine,v" S 4r0S'14" W, feet; Thence S 48 28'48" W, feet; Thence S 25, 20'49" W, feet; Thence S 44*55'00" W, "O feet; Thence N OO'OO'OO" W, feet; Tnence 'N 25'44, 0S" E, O feet to the TRUE POINT OF BEGINNING. Ccntcining 2.25 acres 33 more or less. o "O Commencing at the NE corner of said Section 25, soid point ciso being the NW corner, of said Section 30; Tnence S S7'07'05' r W along the North line of the said NE 1/4 Section 25, feet to the TRUE POINT OF BEGINNING; Tnence leovino the said North line at S 2o27'35" W, feet; Thence S 4V44*01" W, feet; Tnence N 7T14'38" W, feet;-thence N 70*27"} 1" W, feet; Thence N 42* 12' 13" V/, feet; Tnence N 28'04'42" V/, feet; Thence N 60'18'27' W, feet;.thence S 39*40') 2" V/, feet; Thence N 59*56, 54" W, ' feet;_tnence N 63*10'16" W, feet; Thence S Tt^'Ol" W feet; Thence S 70'59'2S" W, feet; Thence N 2S'14'08' f V/, feet; Thence N 12*12'42', V/, feet; Tnence N OO'So'SO" W, feet; Thence N 05'J6'45''- E, feet to a point on the' said North line of the NE 1/4 Section 25; Thence N 87*07, 05" E along the said North line, feet to the TRUE POINT OF BEGINNING. Containing acres more or less.. AND Contcining a total area of ceres more or less. Page 7 of 7

35 REPORT TO CITY COUNCIL RESOLUTION AGENDA ITEM 7.A.3. TO: THE HONORABLE CITY COUNCIL DATE: April 1, 2019 SUBJECT: R A Resolution Authorizing the Release and Subordination of Jefferson County s Reversionary Interest as to Limited Areas on Certain Real Property Owned by the City of Arvada for Construction of Alkire Street and Associated Storm Drainage Improvements at Leyden Creek Report in Brief Arvada Team Members have been working with Jefferson County Open Space (JCOS) regarding the City s encroachment on Jeffco Open Space along Alkire Street at Leyden Creek. The encroachment is a result of the widening of Alkire Street and installation of associated drainage improvements to control the overtopping of the road during major storm events. Because there is a reverter clause on this property, JCOS has determined that the total cost for the release and subordination to be $3,000. The area to be released is 29,628 square feet and the area to be subordinated is 18,519 square feet. Arvada Team Members recommend that the City Council approve R A Resolution Authorizing the Release and Subordination of Jefferson County s Reversionary Interest as to Limited Areas on Certain Real Property Owned by the City of Arvada for Construction of Alkire Street and Associated Storm Drainage Improvements at Leyden Creek. Financial Impact Financial Impact: $3,000. This is a one-time request for reimbursement to Jefferson County Open Space Type: CIP Fund: Project (Leyden Creek Crossing at Alkire) Background The City-owned, deed-restricted land was acquired in 2000 using JCOS funds. The deed restriction includes reversionary interest should the property not be used exclusively for public open space, park, or recreational purposes in perpetuity. Arvada Team Members are working with JCOS to review legal exhibits and all items necessary to move forward with termination of a portion of reversionary interest proposed herein. Without reversionary interest termination, and upon occurrence of non-public open space, park, or recreational use, the entire property could automatically revert back to JCOS ownership. Discussion Jefferson County determines the process to release reversionary interest as follows: 1. The City of Arvada must approve the proposal to release reversionary interest through resolution. 2. Jefferson County Open Space Advisory Board will hear the proposal and make recommendation to the Jefferson County Board of County Commissioners. 3. Jefferson County Board of County Commissioners will act on the proposal through resolution.

36 SUBJECT: R A Resolution Authorizing the Release and Subordination of Jefferson County s Reversionary Interest as to Limited Areas on Certain Real Property Owned by the City of Arvada for Construction of Alkire Street and Associated Storm Drainage Improvements at Leyden Creek PAGE: 2 ITEM: 7.A.3. In this proposal, reverter release is contingent on the City compensating JCOS the equivalent or greater than fair market value of the property, per JCOS policy. The City land will remain in City ownership. At recordation, a portion of City property will become public right-of-way along Alkire Street. Public Contact Posting of the City Council agenda. JCOS will receive a copy of the Agenda Item for their Board meeting in March Commission Recommendation N/A Strategic Alignment Approval of this resolution authorizing release of reversionary interest aligns with the Infrastructure Priority Area within the City Council Strategic Plan, by addressing capacity issues with the City's stormwater drainage and roadway system. Alternative Courses of Action N/A Recommendation for Action Arvada Team Members recommend that the City Council approve R A Resolution Authorizing the Release and Subordination of Jefferson County s Reversionary Interest as to Limited Areas on Certain Real Property Owned by the City of Arvada for Construction of Alkire Street and Associated Storm Draiange Improvements at Leyden Creek. Suggested Motion: I move that R19-035, A Resolution Authorizing the Release and Subordination of Jefferson County s Reversionary Interest as to Limited Areas on Certain Real Property Owned by the City of Arvada for Construction of Alkire Street and Associated Storm Drainage Improvements at Leyden Creek, be (approved) (rejected). Prepared by: William Jennings, Senior Civil Engineer Reviewed by: Karen Custer, Administrative Assistant 3/11/2019 Sherie Farstveet, Law Office Administrator 3/11/2019

37 SUBJECT: R A Resolution Authorizing the Release and Subordination of Jefferson County s Reversionary Interest as to Limited Areas on Certain Real Property Owned by the City of Arvada for Construction of Alkire Street and Associated Storm Drainage Improvements at Leyden Creek PAGE: 3 ITEM: 7.A.3. Approved by: Matt Knight, City Engineer 3/10/2019 Burt Knight, Director of Public Works 3/11/2019 Bryan Archer, Director of Finance 3/11/2019 Emily Grogg, Assistant City Attorney 3/12/2019 Rachel Morris, Deputy City Attorney 3/18/2019 Chris Daly, City Attorney 3/19/2019 Nora Steenson, Senior Assistant City Attorney 3/19/2019 Lorie Gillis, Deputy City Manager 3/20/2019 Mark Deven, City Manager 3/20/2019 Enclosure, exhibits & attachments required to support the report

38 3/20/2019 R Release and Subordination of Reversionary Interest Alkire Street and Associated Drainage Improvements - Google Docs RESOLUTION R A RESOLUTION AUTHORIZING THE RELEASE AND SUBORDINATION OF JEFFERSON COUNTY'S REVERSIONARY INTEREST AS TO LIMITED AREAS ON CERTAIN REAL PROPERTY OWNED BY THE CITY OF ARVADA FOR CONSTRUCTION OF ALKIRE STREET AND ASSOCIATED DRAINAGE IMPROVEMENTS AT LEYDEN CREEK WHEREAS, that certain Commissioners Deed, granted by the Jefferson County Board of Commissioners and recorded at Reception No on February 15, 1980, in the records of the Jefferson County Clerk and Recorder's Office, was conveyed from the County to the City of Arvada ( Arvada ), through the use of Jefferson County Open Space funds with a reversionary interest restricting the use of such property to open space and park purposes (hereinafter the Reversionary Interest); and WHEREAS, Arvada has identified a parcel of land owned by Arvada, more fully described in Exhibit A (Alkire Street right-of-way), attached hereto, consisting of 29,628 square feet of land to be released for a public right-of-way and subordinate 18,519 square feet of land for the storm drainage, construction, and guardrail area, more fully described in Exhibits B, C and D, attached hereto; and WHEREAS, Arvada supports the release and subordination of its Reversionary Interest as to such designated portions of the parcel of land as described in the above Exhibits; and WHEREAS, Arvada shall be responsible for payment of all application fees and payment of the fair market value of these improvements to Jefferson County Open Space in exchange for the release and subordination of the Reversionary Interests, such fees totaling $3, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ARVADA, COLORADO: Section 1. The Arvada City Council hereby authorizes, subject to the payment of such fees as deemed necessary and appropriate, the County release the parcel of land as described in Exhibit A from the Reversionary interest and subordinate its Reversionary Interest in the parcels of land as described in Exhibits B, C, and D for the construction of a public right-of-way. Section 2. This resolution shall be effective upon its approval by City Council. 1/2

39 3/20/2019 R Release and Subordination of Reversionary Interest Alkire Street and Associated Drainage Improvements - Google Docs APPROVED AND ADOPTED this 1st day of April, Marc Williams, Mayor ATTEST: City Clerk APPROVED AS TO FORM: Christopher K. Daly, City Attorney By: 2/2

40 C A M E O E S T A T E S N89 24'40"E 40.00' U N P L A T T E D N00 35'20"W ' EXHIBIT A ALKIRE STREET RIGHT-OF-WAY LEYDEN CREEK IMPROVEMENTS AT ALKIRE STREET ALKIRE STREET PROPOSED 40' RIGHT-OF-WAY S00 35'20"E ' RIGHT-OF-WAY DESCRIPTION A Tract of land for the purpose of public road Right-of-Way, lying and situated in the Northeast Quarter of Section 31, Township 2 South, Range 69 West of the Sixth Principal Meridian, in the City of Arvada, Jefferson County, Colorado, said Tract more particularly described as follows: BEGINNING at the East quarter-corner of said Section 31 monumented by a 2-1/2" aluminum cap marked "PLS 5112", from which the Northwest corner of said Section 31, monumented by a 3-1/4 inch aluminum cap marked "ADG ENGINEERING PLS 23516" bears North 00 35' 20" West a ground distance of feet, as determined by Global Positioning System observations referenced to the Colorado State Plane Coordinate System, Central Zone (NAD83), and all bearings herein are relative thereto; Thence South 89 43' 40" West feet on the South line of said Northeast Quarter; Thence North 00 35' 20" West feet, parallel with and feet West of (as measured perpendicular to) the East line of said Northeast Quarter, to the South line of CAMEO ESTATES, a subdivision of land in said city, county and state; Thence North 89 24' 40" East feet on said South line to said East line; Thence South 00 35' 20" East feet on said East line to the POINT OF BEGINNING, said Tract containing 29,628 Square feet or acres. This map does not represent a monumented land survey. It is only a graphic depiction of the accompanying description. On behalf of Olsson Associates, POINT OF BEGINNING S89 43'40"W 40.00' Mark A. Gabert Professional Land Surveyor Colorado Registration Number: DATE: 09/20/2018 DRAWN BY: DMW CHECKED BY: DD SHEET 1 OF 1 DRAWING: V_ESM-Prcl7-ROW_63772.dwg EXHIBIT A ALKIRE STREET RIGHT-OF-WAY Parcel 7 LEYDEN CREEK IMPROVEMENTS AT ALKIRE STREET PATH: F:\2016\ \ \40-Design\Survey\SRVY\Sheets\V_ESM-Prcl7-ROW_63772.dwg 1525 Raleigh Street, Suite 400 Denver, CO TEL FAX R

41 EXHIBIT B LEYDEN CREEK IMPROVEMENTS AT ALKIRE STREET C A M E O N29 43'29"W 65.44' E S T A T E S POINT OF BEGINNING STORM DRAINAGE AREA S60 16'31"W 52.24' U N P L A T T E D 45.27' S00 35'20"E S52 33'45"W ALKIRE STREET 4.58' 30' WEST R/W N89 24'40"E ' STORM DRAINAGE AREA DESCRIPTION A Tract of land for the purpose of a Storm Drainage Area lying and situated in the Northeast Quarter of Section 31, Township 2 South, Range 69 West of the Sixth Principal Meridian, in the City of Arvada, Jefferson County, Colorado, said Tract more particularly described as follows: Commencing at the East quarter-corner of said Section 31 monumented by a 2-1/2" aluminum cap marked "PLS 5112", from which the Northwest corner of said Section 31, monumented by a 3-1/4 inch aluminum cap marked "ADG ENGINEERING PLS 23516", bears North 00 35' 20" West a ground distance of feet, as determined by Global Positioning System observations referenced to the Colorado State Plane Coordinate System, Central Zone (NAD83), and all bearings herein are relative thereto; thence North 00 35' 20" West feet on the East line of said Northeast Quarter to the Southeast corner of CAMEO ESTATES, a subdivision of land in said city county and state; thence South 89 24' 40" West feet on the South line of said CAMEO ESTATES to the POINT OF BEGINNING; Thence South 00 35' 20" East 4.58 feet; Thence South 52 33' 45" West feet; Thence South 60 16' 31" West feet; Thence North 29 43' 29" West feet to said South line of CAMEO ESTATES; Thence North 89 24' 40" East feet on said South line to the POINT OF BEGINNING, said Tract containing 3,596 square feet or acres. POINT OF COMMENCEME On behalf of Olsson Associates, This map does not represent a monumented land survey. It is only a graphic depiction of the accompanying description. DATE: 09/20/2018 DRAWN BY: DMW CHECKED BY: DD SHEET 1 OF 1 DRAWING: V-EXH-TEMP-ESMT_63772.dwg EXHIBIT B STORM DRAINAGE AREA Parcel 7 LEYDEN CREEK IMPROVEMENTS AT ALKIRE STREET PATH: F:\2016\ \ \40-Design\Survey\SRVY\Sheets\V_ESM-Prcl7-STRM_63772.dwg 1525 Raleigh Street, Suite 400 Denver, CO Mark A. Gabert Professional Land Surveyor Colorado Registration Number: TEL FAX R

42 EXHIBIT D GUARDRAIL AREA LEYDEN CREEK IMPROVEMENTS AT ALKIRE STREET NE. CORNER, SECTION 31-T2S-R69W J 3-1/4" ALUMINUM CAP (ADG ENGINffRING / 2000 / PLS 23516) ltj 1--. n:: ltl l-- rv1 0, 5 3 CA E: 5.,-A I,.: CJ). RE:C- I S. LJNE, 1 SE. COR., CAMEO ESTA TE I i:o CAMEO ESTATES \? 89'24'4Q"W : --:...il0.00' -. ;1; N52 33"45.. E -...L S00'35;0 -;; E i "I s a' l'i POINTOF I N13 12"43.. E 25.31" GUARDRAIL AREA N31 47"17""W 14.14" 0 BEGINNING. C'II It) 00 ai QC-, 0 S89 33"53""W 2.89" GUARDRAIL AREA DESCRIPTION A Tract of land for the purpose of a Guardrail Area lying and situated in the Northeast Quarter of Section 31, Township 2 South, Range 69 West of the Sixth Principal Meridian, in the City of Arvada, Jefferson County, Colorado, said Tract more particularly described as follows: Commencing at the East quarter-corner of said Section 31 monumented by a 2-1/2" aluminum cap marked "PLS 5112", from which the Northwest corner of said Section 31, monumented by a 3-1/4 inch aluminum cap marked "ADG ENGINEERING I PLS 23516", bears North 00 35' 20" West a ground distance of feet, as determined by Global Positioning System observations referenced to the Colorado State Plane Coordinate System, Central Zone (NAD83), and all bearings herein are relative thereto; thence North 00 35' 20" West feet on the East line of said Northeast Quarter to the Southeast corner of CAMEO ESTATES, a subdivision of land in said city county and state; thence South 89 24' 40" West feet on the South line of said CAMEO ESTATES; thence South 00 35' 20" East 4.58 feet to the POINT OF BEGINNING; Thence continuing South 00 35' 20" East feet; Thence South 89 33' 53" West 2.89 feet; Thence North 31 47' 17" West feet; Thence North 13 12' 43" East feet; Thence North 52 33' 45" East 5.22 feet to the POINT OF BEGINNING, said Tract containing 263 square feet or Acres PARCEL ID NUMBER: OWNER: CITY OF ARVADA REC ALKIRE ST POINT OF COMMENCEMENT E. QUARTER-CORNER, SEC. 31-T2S-R69W 2-1/2" ALUMINUM CAP (1995 / PLS 5112) a SCALE: 1"=30' DATE: 09/20/2018 DRAWN BY: DMW CHECKED BY: DD SHEET 1 OF 1 DRAWING: V-ESM-Prcl7-GDRL_63772.dwg This map does not represent a monumented land survey. It is only a graphic depiction of the accompanying description. EXHIBIT A GUARDRAIL AREA Parcel 7 LEYDEN CREEK AT ALKIRE STREET IMPROVEMENTS PATH: F:12016\ \ \40-Design\Survey\SRVY\Sheets\V_ESM-Prcl7-GDRL_63772.dwg Professional Land Surveyor Colorado Registration Number: 3856 O\oLSSON 1525 Raleigh Street, Suite 400 Denver, CO ASSOCIATES TEL FAX

43

44 REPORT TO CITY COUNCIL ORDINANCE FIRST READING AGENDA ITEM 7.B.1. TO: THE HONORABLE CITY COUNCIL DATE: April 1, 2019 SUBJECT: CB An Ordinance Authorizing an Intergovernmental Agreement Between the City of Arvada, Colorado and Sabell Metropolitan District Nos. 1 & 2 (Public Hearing to be set for April 15, 2019 at 6:15 p.m.) Report in Brief The approval of a proposed residential Metropolitan District Service Plan is a significant action given that future residents of the District will be required to pay the obligations of District debt as part of the real property taxes on such home on an annual basis. The document that obligates the District to comply with the approved Service Plan is an intergovernmental Agreement between the City and the District. Staff recommends that the City Council approve CB19-013, An Ordinance Authorizing an Intergovernmental Agreement Between the City of Arvada, Colorado and Sabell Metropolitan Districts Nos. 1 and 2 on first reading, order it published in full, and a public hearing set for April 15, 2019, at 6:15 p.m. Financial Impact The City will collect $1,174, from the District to fund the infrastructure improvements noted in the Intergovernmental Agreement with the City of Wheat Ridge for improvements near 52nd and Ward Road. Background On September 17, 2018, City Council held a public hearing and approved Resolution R which approved the Service Plan for the Sabell Metropolitan District. The Service Plan included a number of significant District obligations including but not limited to the funding of Regional Improvements located near 52nd and Ward Road in the monetary amount of $1,174, Section 91-11(11) of the Arvada City Code requires the District to enter into a written agreement with the City that binds the District to the terms and conditions of the approved Service Plan. Therefore, the proposed Intergovernmental Agreement will satisfy this legal requirement. Discussion City Council action that approves this proposed Intergovernmental Agreement is consistent with the requirements of Section 91-11(11) of the Arvada City Code. The City and future residents of this development will benefit from the infrastructure improvements constructed and maintained. In addition, the City Manager will utilize the monetary contribution noted to fund the obligations associated with the Intergovernmental Agreement with the City of Wheat Ridge for improvements near 52nd and Ward Road.

45 SUBJECT: CB An Ordinance Authorizing an Intergovernmental Agreement Between the City of Arvada, Colorado and Sabell Metropolitan District Nos. 1 & 2 (Public Hearing to be set for April 15, 2019 at 6:15 p.m.) PAGE: 2 ITEM: 7.B.1. Public Contact Posting of the City Council agenda. Commission Recommendation N/A Strategic Alignment This proposed action aligns with both Growth and Economic Development and Infrastructure Strategic Priority Areas. Alternative Courses of Action N/A Recommendation for Action Staff recommends that the City Council approve CB19-013, An Ordinance Authorizing an Intergovernmental Agreement Between the City of Arvada, Colorado and Sabell Metropolitan District Nos. 1 and 2. Suggested Motion: I move that CB19-013, An Ordinance Authorizing an Intergovernmental Agreement Between the City of Arvada, Colorado and Sabell Metropolitan District Nos. 1 & 2, be (approved on first reading, ordered published in full, and a public hearing set for April 15, 2019, at 6:15 p.m.) (rejected). Prepared by: Sherie Farstveet, Law Office Administrator Approved by: Chris Daly, City Attorney 3/14/2019 Rachel Morris, Deputy City Attorney 3/18/2019 Lorie Gillis, Deputy City Manager 3/18/2019 Mark Deven, City Manager 3/20/2019 Enclosure, exhibits & attachments required to support the report

46 3/20/2019 CB Sabell Metropolitan Districts 1 and 2 - Google Docs COUNCIL BILL NO ORDINANCE NO. AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ARVADA, COLORADO AND SABELL METROPOLITAN DISTRICT NOS. 1 & 2 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ARVADA, COLORADO: Section 1. The Mayor, or the Mayor Pro-tem is authorized to sign, and the City Clerk to attest, in substantially the same form as approved by the City Attorney, an Intergovernmental Agreement Between the City of Arvada, Colorado and Sabell Metropolitan District Nos. 1 & 2. Section 2. This ordinance shall be effective five days after publication following final passage. INTRODUCED, READ AND ORDERED PUBLISHED this 1st day of April, PASSED, ADOPTED AND APPROVED this day of, ATTEST: City Clerk Marc Williams, Mayor APPROVED AS TO FORM: Christopher K. Daly, City Attorney Publication dates: April 4, /1

47 INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ARVADA, COLORADO AND SABELL METROPOLITAN DISTRICT NOS. 1 & 2 THIS AGREEMENT is made and entered into as of the day of, 2019, by and between the CITY OF ARVADA, a home-rule municipal corporation of the State of Colorado ( City ) and SABELL METROPOLITAN DISTRICT NOS. 1 & 2, quasi-municipal corporations and political subdivisions of the State of Colorado (collectively, the Districts ). The City and the District are collectively referred to as the Parties. RECITALS WHEREAS, the Districts were organized to provide those services and to exercise powers more specifically set forth in the Districts Service Plan approved by the City on September 17, 2018 ( Service Plan ); and WHEREAS, the Service Plan makes reference to the execution of an intergovernmental agreement between the City and the Districts, as required by the Arvada City Code; and WHEREAS, the City and the Districts have determined it to be in the best interests of their respective taxpayers, residents and property owners to enter into this intergovernmental agreement ( Agreement ). NOW THEREFORE, in consideration of the covenants and mutual agreements herein contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows: COVENANTS AND AGREEMENTS 1. Operations and Maintenance. The Districts shall dedicate the Public Improvements, as defined in the Service Plan, to the City or other appropriate jurisdiction or owners association in a manner consistent with the approved development plans and other rules and regulations of the City and applicable provisions of the City Code. The Districts shall be authorized to operate and maintain any part or all of the Public Improvements which are not dedicated to the City or other appropriate jurisdiction, including park and recreation improvements, without the consent of the City, in accordance with the approved development plans. 2. Fire Protection. The Districts shall not be authorized to plan for, design, acquire, construct, install, relocate, redevelop, finance, operate or maintain fire protection facilities or services without a modification of this Agreement by the Parties. The authority to plan for, design, acquire, construct, install, relocate, redevelop or finance fire hydrants and related improvements installed as part of the water system shall not be limited by this provision. 3. Television Relay and Translation. The Districts shall not be authorized to plan for, design, acquire, construct, install, relocate, redevelop, finance, operate or maintain television relay and translation facilities and services without a modification of this Agreement by the Parties, except for the installation of conduit as a part of a street construction project. 1

48 4. Telecommunication Facilities. The Districts agree that no telecommunication facilities owned, operated or otherwise allowed by the District shall affect the ability of the City to expand its public safety telecommunication facilities or impair existing telecommunication facilities. 5. Construction Standards Limitation. The Districts will use reasonable efforts to insure that the Public Improvements are designed and constructed in accordance with the standards and specifications of the City and of other governmental entities having proper jurisdiction. The Districts will obtain the City s approval of civil engineering plans and will obtain applicable permits for construction and installation of Public Improvements prior to performing such work. 6. Zoning and Land Use Requirements. The Districts agree that their activities shall be subject to all of the City s applicable zoning, subdivision, building code and other land use requirements. 7. Issuance of Privately Placed Debt. Prior to the issuance of any privately placed Debt, the issuing District shall obtain the certification of an External Financial Advisor substantially as follows: We are [I am] an External Financial Advisor within the meaning of the District s Service Plan. We [I] certify that (1) the net effective interest rate (calculated as defined in Section (12), C.R.S.) to be borne by [insert the designation of the Debt] does not exceed a reasonable current [tax-exempt] [taxable] interest rate, using criteria deemed appropriate by us [me] and based upon our [my] analysis of comparable high yield securities; and (2) the structure of [insert designation of the Debt], including maturities and early redemption provisions, is reasonable considering the financial circumstances of the District. 8. Overlap Limitation. The Districts shall not consent to the organization of any other district organized under the Special District Act within the Service Area which will overlap the boundaries of the Districts unless the aggregate mill levy for payment of Debt of such proposed districts will not at any time exceed the Maximum Debt Mill Levy of the Districts. 9. Initial Debt. On or before the effective date of approval by the City of an Approved Conceptual Site Plan and approval and execution of this Agreement, the Districts shall not: (a) issue any Debt; nor (b) impose a mill levy for the payment of Debt by direct imposition or by transfer of funds from the operating fund to the Debt service funds; nor (c) impose and collect any Fees used for the purpose of repayment of Debt. 10. Total Debt Issuance. The Districts shall not issue Debt in excess of Thirty Million Dollars ($30,000,000). 11. Bond Counsel Opinion. Prior to the issuance of any bond issue, the issuing 2

49 District shall provide a copy of an opinion of a bond counsel acceptable to the City stating that the bond issue satisfies Chapter 91 of the City Code of the City of Arvada, the approved service plan for the Districts, and the requirements of state law. 12. Fee Limitation. The Districts may impose and collect Fees as a source of revenue for repayment of debt, capital costs, and/or for operations and maintenance. No Fee related to repayment of debt shall be authorized to be imposed upon or collected from Taxable Property owned or occupied by an End User subsequent to the issuance of a Certificate of Occupancy for said Taxable Property. Notwithstanding any of the foregoing, the restrictions in this definition shall not apply to any Fee imposed upon or collected from Taxable Property for the purpose of funding operation and maintenance costs of the Districts. 13. Public Improvement Fee Limitation. The Districts shall not impose, collect, receive, spend or pledge to any Debt any fee, assessment, tax or charge which is collected by a retailer in the Districts on the sale of goods or services by such retailer and which is measured by the sales price of such goods or services, without a modification of this Agreement by the Parties. 14. Sales and Use Tax. The Districts shall not exercise their City sales and use tax exemption. 15. Monies from Other Governmental Sources. The Districts agree not to apply for or accept Conservation Trust Funds, Great Outdoors Colorado Trust Funds, or other funds available from or through governmental or non-profit entities that the City is eligible to apply for without administrative approval from the City. This Section shall not apply to specific ownership taxes which shall be distributed to and a revenue source for the Districts without any limitation. 16. Consolidation. The Districts shall not file a request with any Court to consolidate with another Title 32 district without prior written approval of the City Council as evidenced by a resolution after a public hearing thereon. 17. Bankruptcy. All of the limitations contained in the Service Plan, including, but not limited to, those pertaining to the Maximum Debt Mill Levy, Maximum Debt Mill Levy Imposition Term and the Fees have been established under the authority of the City to approve a Service Plan with conditions pursuant to Section , C.R.S. It is expressly intended that such limitations: (a) Shall not by subject to set-aside for any reason or by any court of competent jurisdiction, absent a Service Plan Amendment; and (b) Are, together with all other requirements of Colorado law, included in the political or governmental powers reserved to the State under the U.S. Bankruptcy Code (11 U.S.C.) Section 903, and are also included in the regulatory or electoral approved necessary under applicable nonbankruptcy law as required for confirmation of a Chapter 9 Bankruptcy Plan under Bankruptcy Code Section 943 (b)(6). Any Debt, issued with a pledge or which results in a pledge, that exceeds the Maximum Debt Mill Levy and the Maximum Debt Mill Levy Imposition Term, shall be deemed a material 3

50 modification of the Service Plan pursuant to Section , C.R.S. and shall not be an authorized issuance of Debt unless and until such material modification has been approved by the City as part of a Service Plan amendment. The City shall be entitled to all remedies available at law to enjoin such actions of the Districts. 18. Dissolution. Upon an independent determination of the City Council that the purposes for which a Districts were created have been accomplished, the Districts agree to file petitions in the appropriate District Court for dissolution, pursuant to the applicable State statutes. In no event shall dissolution occur until (i) the Districts have provided for the payment or discharge of all of its outstanding indebtedness and other financial obligations as required pursuant to State statutes, and (ii) the Districts have provided for the operation and maintenance of all Public Improvements owned or operated by the Districts. 19. Disclosure. The Districts will use reasonable efforts to assure that all developers of property located within the Districts provide written notice to all initial purchasers of property within the Districts that discloses the Maximum Debt Mill Levy, as well as a general description of the Districts authority to impose and collect rates, fees, toll, and charges or other revenues (the Disclosure Information ). The Districts shall file the form of notice with the City Manager and Community Development director prior to the initial issuance of debt by the District imposing the mill levy that is subject to the Maximum Debt Mill Levy, and shall record the notice of disclosure with Jefferson County at the time the subdivision plat is recorded, or provide the City with a copy of the recorded notice of disclosure if the subdivision plat has already been filed. The Districts will use reasonable efforts to assure that the Disclosure Information, at least equal in size and font to all other pertinent information, is displayed at all sales offices. 20. Service Plan Amendment Requirement. Actions of the Districts which violates the limitations set forth in V.A.1-20 or VI.B-G of the Service Plan shall be deemed to be material modifications to the Service Plan and the City shall be entitled to all remedies available under State and local law to enjoin such actions of the Districts. 21. Maximum Debt Mill Levy. The Maximum Debt Mill Levy shall be the maximum mill levy the Districts are permitted to impose upon the Taxable Property within the Districts for payment of Debt, and shall be determined as follows: (a) If the total amount of aggregate District Debt exceeds fifty percent (50%) of the District s assessed valuation, the Maximum Debt Mill Levy shall be fifty (50) mills; provided that if the method of calculating assessed valuation or any constitutionally mandated tax credit, cut or abatement is changed by law; the mill levy limitation applicable to such Debt may be increased or decreased to reflect such changes, such increases or decreases to be determined by the Board in good faith (such determination to be binding and final) so that to the extent possible, the actual tax revenues generated by the mill levy, as adjusted for changes occurring after January 1, 2017, are neither diminished nor enhanced as a result of such changes. For purposes of the foregoing, a change in the ratio of actual valuation shall be deemed to be a change in the method of calculating assessed valuation. 4

51 (b) If the total amount of aggregate District Debt is equal to or less than fifty percent (50%) of the District s assessed valuation, either on the date of issuance or at any time thereafter, the mill levy to be imposed to repay such portion of Debt shall not be subject to the Maximum Debt Mill Levy and, as a result, the mill levy may be such amount as is necessary to pay the Debt service on such Debt, without limitation of rate. (c) For purposes of the foregoing, once Debt has been determined to be within Section VI.C.2 of the Service Plan, so that the District is entitled to pledge to its payment an unlimited ad valorem mill levy, the District may provide that such Debt shall remain secured by such unlimited mill levy, notwithstanding any subsequent change in the District s Debt to assessed ratio. All Debt issued by the District must be issued in compliance with the requirements of Section , C.R.S. and all other requirements of State law. To the extent that the Districts are composed of or subsequently organized into one or more subdistricts as permitted under Section , C.R.S., the term Districts as used herein shall be deemed to refer to the Districts and to each such subdistrict separately, so that each of the subdistricts shall be treated as a separate, independent district for purposes of the application of this definition. 22. Maximum Debt Mill Levy Imposition Term. The Districts shall not impose a levy for repayment of any and all Debt (or use the proceeds of any mill levy for repayment of Debt) on any single property developed which exceeds forty (40) years after the year of the initial imposition of such mill levy unless a majority of the Board of Directors of the District are residents of the District and have voted in favor of a refunding of a part or all of the Debt and such refunding will result in a net present value savings as set forth in Section , C.R.S.; et seq. 23. Regionally Significant Improvements. The Districts agrees to fund up to $1,174, ( Regional Contribution ), towards regionally significant improvements located at 52 nd Avenue and Ward Road ( Regional Improvements ). The Regional Contribution shall be paid from bond proceeds and shall be due to the City when the Districts issue Debt. The City agrees that it shall use the Regional Contribution to fund Regional Improvements that shall be owned, operated and maintained by a public entity, as more fully set forth in a separate intergovernmental agreement to be entered into between the Parties. 24. Notices. All notices, demands, requests or other communications to be sent by one Party to the other hereunder or required by law shall be in writing and shall be deemed to have been validly given or served by delivery of same in person to the address or by courier service, or by depositing same in the United States mail, postage prepaid, addressed as follows: To the District: Sabell Metropolitan District Nos. 1 & 2 White Bear Ankele Tanaka & Waldron, Attorneys at Law 2154 E. Commons Ave, Suite 2000 Centennial, Colorado Attn: Kristin Bowers Tompkins, Esq. Phone: (303) Fax: (303)

52 To the City: City of Arvada 8101 Ralston Road P.O. Box 8101 Arvada, CO Attn: Christopher K. Daly, Esq. Phone: (720) Fax: (720) All notices, demands, requests or other communications shall be effective upon such personal delivery or one (1) business day after being deposited with United Parcel Service or other nationally recognized overnight air courier service or three (3) business days after deposit in the United States mail. By giving the other party hereto at least ten (10) days written notice thereof in accordance with the provisions hereof, each of the Parties shall have the right from time to time to change its address. 25. Amendment. This Agreement may be amended, modified, changed or terminated in whole or in part by a written agreement duly authorized and executed by the Parties hereto and without amendment to the Service Plan. 26. Assignment. Neither Party hereto shall assign any of its rights nor delegate any of its duties hereunder to any person or entity without having first obtained the prior written consent of the other Party, which consent will not be unreasonably withheld. Any purported assignment or delegation in violation of the provisions hereof shall be void and ineffectual. 27. Default/Remedies. Upon the occurrence of any event of breach or default by either party, the non-defaulting party shall provide written notice to the other party. The defaulting party shall immediately proceed to cure or remedy such breach or default, and in any event, such breach or default shall be cured within 15 days after receipt of the notice. Following the cure period in the event of a breach or default of this Agreement by either Party, the nondefaulting Party shall be entitled to exercise all remedies available by law or in equity, specifically including suits for specific performance and/or monetary damages. In the event of any proceeding to enforce the terms, covenants or conditions hereof, the prevailing Party in such proceeding shall be entitled to obtain as part of its judgment or award its reasonable attorneys fees. 28. Governing Law. This agreement shall be governed and construed under the laws of the State of Colorado. 29. Inurement. Each of the terms, covenants and conditions hereof shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns. 30. Parties Interested Herein. Nothing expressed or implied in this Agreement is intended or shall be construed to confer upon, or to give to, any person other than the Districts and the City any right, remedy, or claim under or by reason of this Agreement or any covenants, terms, conditions, or provisions thereof, and all the covenants, terms, conditions and provisions 6

53 in this Agreement by and on behalf of the Districts and the City shall be for the sole and exclusive benefit of the Districts and the City. 31. Severability. If any covenant, term, condition, or provision under this Agreement shall, for any reason, be held to be invalid or unenforceable, the invalidity or unenforceability of such covenant, term, condition, or provision shall not affect any other provisions contained herein, the intention being that such provisions are severable. 32. Annual Report. The Districts shall submit an annual report to the City in every year following the year in which the Order and Decree creating the Districts has been issued until the year following the dissolution of the Districts. Such annual report shall be submitted no later than August 1 of each year and shall include information as provided by City Code. 33. No Liability of City. The City has no obligation whatsoever to construct any improvements that the Districts are required to construct, or pay any debt or liability of the Districts including any bonds. 34. Paragraph Headings. Paragraph headings are inserted for convenience of reference only. 35. Defined Terms. Capitalized terms used herein and not otherwise defined shall have the meanings ascribed to them in the Service Plan. [Signature page follows.] 7

54 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year first set forth above. SABELL METROPOLITAN DISTRICT NOS. 1 & 2, a quasi-municipal corporation and political subdivision of the State of Colorado By: President ATTEST: By: Its: APPROVED AS TO FORM: WHITE BEAR ANKELE TANAKA & WALDRON Attorneys at Law General Counsel to the Districts CITY OF ARVADA ATTEST: City Clerk Marc Williams, Mayor 8

55 APPROVED AS TO FORM: Christopher K. Daly, City Attorney 9

56 REPORT TO CITY COUNCIL ORDINANCE FIRST READING AGENDA ITEM 7.B.2. TO: THE HONORABLE CITY COUNCIL DATE: April 1, 2019 SUBJECT: CB An Ordinance Authorizing an Intergovernmental Agreement Between the City of Arvada, Colorado and Haskins Station Metropolitan District (Public Hearing to be set for April 15, 2019 at 6:15 p.m.) Report in Brief The approval of a proposed residential Metropolitan District Service Plan is a significant action given that future residents of the District will be required to pay the obligations of District debt as part of the real property taxes on such home on an annual basis. The document that obligates the District to comply with the approved Service Plan is an intergovernmental Agreement between the City and the District. Staff recommends that the City Council approve CB19-014, An Ordinance Authorizing an Intergovernmental Agreement Between the City of Arvada, Colorado and Haskins Station Metropolitan District on first reading, order it published in full, and a public hearing set for April 15, 2019, at 6:15 p.m. Financial Impact The City will collect $2,255, from the District to fund the infrastructure improvements noted in the Intergovernmental Agreement with the City of Wheat Ridge for improvements near 52nd and Ward Road. Background On September 17, 2018, City Council held a public hearing and approved Resolution R which approved the Service Plan for the Haskins Station Metropolitan District. The Service Plan included a number of significant District obligations including but not limited to the funding of Regional Improvements located near 52nd and Ward Road in the monetary amount of $2,255, Section 91-11(11) of the Arvada City Code requires the District to enter into a written agreement with the City that binds the District to the terms and conditions of the approved Service Plan. Therefore, the proposed Intergovernmental Agreement will satisfy this legal requirement. Discussion City Council action that approves this proposed Intergovernmental Agreement is consistent with the requirements of Section 91-11(11) of the Arvada City Code. The City and future residents of this development will benefit from the infrastructure improvements constructed and maintained. In addition, the City Manager will utilize the monetary contribution noted to fund the obligations associated with the Intergovernmental Agreement with the City of Wheat Ridge for improvements near 52nd and Ward Road.

57 SUBJECT: CB An Ordinance Authorizing an Intergovernmental Agreement Between the City of Arvada, Colorado and Haskins Station Metropolitan District (Public Hearing to be set for April 15, 2019 at 6:15 p.m.) PAGE: 2 ITEM: 7.B.2. Public Contact Posting of the City Council agenda. Commission Recommendation N/A Strategic Alignment This proposed action aligns with both Growth and Economic Development and Infrastructure Strategic Priority Areas. Alternative Courses of Action N/A Recommendation for Action Staff recommends that the City Council approve CB19-014, An Ordinance Authorizing an Intergovernmental Agreement Between the City of Arvada, Colorado and Haskins Station Metropolitan District. Suggested Motion: I move that CB19-014, An Ordinance Authorizing an Intergovernmental Agreement Between the City of Arvada, Colorado and Haskins Station Metropolitan District, be (approved on first reading, ordered published in full, and a public hearing set for April 15, 2019, at 6:15 p.m.) (rejected). Prepared by: Sherie Farstveet, Law Office Administrator Reviewed by: Approved by: Chris Daly, City Attorney 3/14/2019 Rachel Morris, Deputy City Attorney 3/18/2019 Lorie Gillis, Deputy City Manager 3/19/2019 Mark Deven, City Manager 3/20/2019 Enclosure, exhibits & attachments required to support the report

58 3/20/2019 CB Haskins Station Metropolitan District - Google Docs COUNCIL BILL NO ORDINANCE NO. AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ARVADA, COLORADO AND HASKINS STATION METROPOLITAN DISTRICT BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ARVADA, COLORADO: Section 1. The Mayor, or the Mayor Pro-tem is authorized to sign, and the City Clerk to attest, in substantially the same form as approved by the City Attorney, an Intergovernmental Agreement Between the City of Arvada, Colorado and Haskins Station Metropolitan District. Section 2. This ordinance shall be effective five days after publication following final passage. INTRODUCED, READ AND ORDERED PUBLISHED this 1st day of April, PASSED, ADOPTED AND APPROVED this day of, ATTEST: City Clerk Marc Williams, Mayor APPROVED AS TO FORM: Christopher K. Daly, City Attorney Publication dates: April 4, /1

59 INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ARVADA, COLORADO AND HASKINS STATION METROPOLITAN DISTRICT THIS AGREEMENT is made and entered into as of the 13 th day of February, 2019, by and between the CITY OF ARVADA, a home-rule municipal corporation of the State of Colorado ( City ) and HASKINS STATION METROPOLITAN DISTRICT, a quasi-municipal corporation and political subdivision of the State of Colorado (the District ). The City and the District are collectively referred to as the Parties. RECITALS WHEREAS, the District was organized to provide those services and to exercise powers more specifically set forth in the District s Service Plan approved by the City on September 17, 2018 ( Service Plan ); and WHEREAS, the Service Plan makes reference to the execution of an intergovernmental agreement between the City and the District, as required by the Arvada City Code; and WHEREAS, the City and the District have determined it to be in the best interests of their respective taxpayers, residents and property owners to enter into this intergovernmental agreement ( Agreement ). NOW THEREFORE, in consideration of the covenants and mutual agreements herein contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows: COVENANTS AND AGREEMENTS 1. Operations and Maintenance. The District shall dedicate the Public Improvements, as defined in the Service Plan, to the City or other appropriate jurisdiction or owners association in a manner consistent with the approved development plans and other rules and regulations of the City and applicable provisions of the City Code. The District shall be authorized to operate and maintain any part or all of the Public Improvements which are not dedicated to the City or other appropriate jurisdiction, including park and recreation improvements, without the consent of the City, in accordance with the approved development plans. 2. Fire Protection. The District shall not be authorized to plan for, design, acquire, construct, install, relocate, redevelop, finance, operate or maintain fire protection facilities or services without a modification of this Agreement by the Parties. The authority to plan for, design, acquire, construct, install, relocate, redevelop or finance fire hydrants and related improvements installed as part of the water system shall not be limited by this provision. 3. Television Relay and Translation. The District shall not be authorized to plan for, design, acquire, construct, install, relocate, redevelop, finance, operate or maintain television relay and translation facilities and services without a modification of this Agreement by the Parties, except for the installation of conduit as a part of a street construction project :

60 4. Telecommunication Facilities. The District agrees that no telecommunication facilities owned, operated or otherwise allowed by the District shall affect the ability of the City to expand its public safety telecommunication facilities or impair existing telecommunication facilities. 5. Construction Standards Limitation. The District will use reasonable efforts to insure that the Public Improvements are designed and constructed in accordance with the standards and specifications of the City and of other governmental entities having proper jurisdiction. The District will obtain the City s approval of civil engineering plans and will obtain applicable permits for construction and installation of Public Improvements prior to performing such work. 6. Zoning and Land Use Requirements. The District agrees that its activities shall be subject to all of the City s applicable zoning, subdivision, building code and other land use requirements. 7. Issuance of Privately Placed Debt. Prior to the issuance of any privately placed Debt, the District shall obtain the certification of an External Financial Advisor substantially as follows: We are [I am] an External Financial Advisor within the meaning of the District s Service Plan. We [I] certify that (1) the net effective interest rate (calculated as defined in Section (12), C.R.S.) to be borne by [insert the designation of the Debt] does not exceed a reasonable current [tax-exempt] [taxable] interest rate, using criteria deemed appropriate by us [me] and based upon our [my] analysis of comparable high yield securities; and (2) the structure of [insert designation of the Debt], including maturities and early redemption provisions, is reasonable considering the financial circumstances of the District. 8. Overlap Limitation. The District shall not consent to the organization of any other district organized under the Special District Act within the Service Area which will overlap the boundaries of the District unless the aggregate mill levy for payment of Debt of such proposed districts will not at any time exceed the Maximum Debt Mill Levy of the District. 9. Initial Debt. On or before the effective date of approval by the City of an Approved Conceptual Site Plan and approval and execution of this Agreement, the District shall not: (a) issue any Debt; nor (b) impose a mill levy for the payment of Debt by direct imposition or by transfer of funds from the operating fund to the Debt service funds; nor (c) impose and collect any Fees used for the purpose of repayment of Debt. 10. Total Debt Issuance. The District shall not issue Debt in excess of Thirty-Six Million Dollars ($36,000,000) :

61 11. Bond Counsel Opinion. Prior to the issuance of any bond issue, the District shall provide a copy of an opinion of a bond counsel acceptable to the City stating that the bond issue satisfies Chapter 91 of the City Code of the City of Arvada, the approved service plan for the District, and the requirements of state law. 12. Fee Limitation. The District may impose and collect Fees as a source of revenue for repayment of debt, capital costs, and/or for operations and maintenance. No Fee related to repayment of debt shall be authorized to be imposed upon or collected from Taxable Property owned or occupied by an End User subsequent to the issuance of a Certificate of Occupancy for said Taxable Property. Notwithstanding any of the foregoing, the restrictions in this definition shall not apply to any Fee imposed upon or collected from Taxable Property for the purpose of funding operation and maintenance costs of the Districts. 13. Public Improvement Fee Limitation. The District shall not impose, collect, receive, spend or pledge to any Debt any fee, assessment, tax or charge which is collected by a retailer in the District on the sale of goods or services by such retailer and which is measured by the sales price of such goods or services, without a modification of this Agreement by the Parties. 14. Sales and Use Tax. The District shall not exercise their City sales and use tax exemption. 15. Monies from Other Governmental Sources. The District agree not to apply for or accept Conservation Trust Funds, Great Outdoors Colorado Trust Funds, or other funds available from or through governmental or non-profit entities that the City is eligible to apply for without administrative approval from the City. This Section shall not apply to specific ownership taxes which shall be distributed to and a revenue source for the District without any limitation. 16. Consolidation. The District shall not file a request with any Court to consolidate with another Title 32 district without prior written approval of the City Council as evidenced by a resolution after a public hearing thereon. 17. Bankruptcy. All of the limitations contained in the Service Plan, including, but not limited to, those pertaining to the Maximum Debt Mill Levy, Maximum Debt Mill Levy Imposition Term and the Fees have been established under the authority of the City to approve a Service Plan with conditions pursuant to Section , C.R.S. It is expressly intended that such limitations: (a) Shall not by subject to set-aside for any reason or by any court of competent jurisdiction, absent a Service Plan Amendment; and (b) Are, together with all other requirements of Colorado law, included in the political or governmental powers reserved to the State under the U.S. Bankruptcy Code (11 U.S.C.) Section 903, and are also included in the regulatory or electoral approved necessary under applicable nonbankruptcy law as required for confirmation of a Chapter 9 Bankruptcy Plan under Bankruptcy Code Section 943 (b)(6). Any Debt, issued with a pledge or which results in a pledge, that exceeds the Maximum Debt Mill Levy and the Maximum Debt Mill Levy Imposition Term, shall be deemed a material :

62 modification of the Service Plan pursuant to Section , C.R.S. and shall not be an authorized issuance of Debt unless and until such material modification has been approved by the City as part of a Service Plan amendment. The City shall be entitled to all remedies available at law to enjoin such actions of the District. 18. Dissolution. Upon an independent determination of the City Council that the purposes for which a District was created have been accomplished, the District agrees to file petitions in the appropriate District Court for dissolution, pursuant to the applicable State statutes. In no event shall dissolution occur until (i) the District has provided for the payment or discharge of all of its outstanding indebtedness and other financial obligations as required pursuant to State statutes, and (ii) the District has provided for the operation and maintenance of all Public Improvements owned or operated by the District. 19. Disclosure. The District will use reasonable efforts to assure that all developers of property located within the District provide written notice to all initial purchasers of property within the Districts that discloses the Maximum Debt Mill Levy, as well as a general description of the District s authority to impose and collect rates, fees, toll, and charges or other revenues (the Disclosure Information ). The District shall file the form of notice with the City Manager and Community Development director prior to the initial issuance of debt by the District imposing the mill levy that is subject to the Maximum Debt Mill Levy, and shall record the notice of disclosure with Jefferson County at the time the subdivision plat is recorded, or provide the City with a copy of the recorded notice of disclosure if the subdivision plat has already been filed. The District will use reasonable efforts to assure that the Disclosure Information, at least equal in size and font to all other pertinent information, is displayed at all sales offices. 20. Service Plan Amendment Requirement. Actions of the District which violates the limitations set forth in V.A.1-20 or VI.B-G of the Service Plan shall be deemed to be material modifications to the Service Plan and the City shall be entitled to all remedies available under State and local law to enjoin such actions of the District. 21. Maximum Debt Mill Levy. The Maximum Debt Mill Levy shall be the maximum mill levy the District is permitted to impose upon the Taxable Property within the District for payment of Debt, and shall be determined as follows: (a) If the total amount of aggregate District Debt exceeds fifty percent (50%) of the District s assessed valuation, the Maximum Debt Mill Levy shall be fifty (50) mills; provided that if the method of calculating assessed valuation or any constitutionally mandated tax credit, cut or abatement is changed by law; the mill levy limitation applicable to such Debt may be increased or decreased to reflect such changes, such increases or decreases to be determined by the Board in good faith (such determination to be binding and final) so that to the extent possible, the actual tax revenues generated by the mill levy, as adjusted for changes occurring after January 1, 2017, are neither diminished nor enhanced as a result of such changes. For purposes of the foregoing, a change in the ratio of actual valuation shall be deemed to be a change in the method of calculating assessed valuation :

63 (b) If the total amount of aggregate District Debt is equal to or less than fifty percent (50%) of the District s assessed valuation, either on the date of issuance or at any time thereafter, the mill levy to be imposed to repay such portion of Debt shall not be subject to the Maximum Debt Mill Levy and, as a result, the mill levy may be such amount as is necessary to pay the Debt service on such Debt, without limitation of rate. (c) For purposes of the foregoing, once Debt has been determined to be within Section VI.C.2 of the Service Plan, so that the District is entitled to pledge to its payment an unlimited ad valorem mill levy, the District may provide that such Debt shall remain secured by such unlimited mill levy, notwithstanding any subsequent change in the District s Debt to assessed ratio. All Debt issued by the District must be issued in compliance with the requirements of Section , C.R.S. and all other requirements of State law. To the extent that the District is composed of or subsequently organized into one or more subdistricts as permitted under Section , C.R.S., the term District as used herein shall be deemed to refer to the District and to each such subdistrict separately, so that each of the subdistricts shall be treated as a separate, independent district for purposes of the application of this definition. 22. Maximum Debt Mill Levy Imposition Term. A District shall not impose a levy for repayment of any and all Debt (or use the proceeds of any mill levy for repayment of Debt) on any single property developed which exceeds forty (40) years after the year of the initial imposition of such mill levy unless a majority of the Board of Directors of the District are residents of the District and have voted in favor of a refunding of a part or all of the Debt and such refunding will result in a net present value savings as set forth in Section , C.R.S.; et seq. 23. Regionally Significant Improvements. The District agrees to fund up to $2,255, ( Regional Contribution ), towards regionally significant improvements located at 52 nd Avenue and Ward Road ( Regional Improvements ). The Regional Contribution shall be paid from bond proceeds and shall be due to the City when the District issues Debt. The City agrees that it shall use the Regional Contribution to fund Regional Improvements that shall be owned, operated and maintained by a public entity, as more fully set forth in a separate intergovernmental agreement to be entered into between the Parties. 24. Notices. All notices, demands, requests or other communications to be sent by one Party to the other hereunder or required by law shall be in writing and shall be deemed to have been validly given or served by delivery of same in person to the address or by courier service, or by depositing same in the United States mail, postage prepaid, addressed as follows: To the District: Haskins Station Metropolitan District White Bear Ankele Tanaka & Waldron, Attorneys at Law 2154 E. Commons Ave, Suite 2000 Centennial, Colorado Attn: Kristin Bowers Tompkins, Esq. Phone: (303) Fax: (303) :

64 To the City: City of Arvada 8101 Ralston Road P.O. Box 8101 Arvada, CO Attn: Christopher K. Daly, Esq. Phone: (720) Fax: (720) All notices, demands, requests or other communications shall be effective upon such personal delivery or one (1) business day after being deposited with United Parcel Service or other nationally recognized overnight air courier service or three (3) business days after deposit in the United States mail. By giving the other party hereto at least ten (10) days written notice thereof in accordance with the provisions hereof, each of the Parties shall have the right from time to time to change its address. 25. Amendment. This Agreement may be amended, modified, changed or terminated in whole or in part by a written agreement duly authorized and executed by the Parties hereto and without amendment to the Service Plan. 26. Assignment. Neither Party hereto shall assign any of its rights nor delegate any of its duties hereunder to any person or entity without having first obtained the prior written consent of the other Party, which consent will not be unreasonably withheld. Any purported assignment or delegation in violation of the provisions hereof shall be void and ineffectual. 27. Default/Remedies. Upon the occurrence of any event of breach or default by either party, the non-defaulting party shall provide written notice to the other party. The defaulting party shall immediately proceed to cure or remedy such breach or default, and in any event, such breach or default shall be cured within 15 days after receipt of the notice. Following the cure period in the event of a breach or default of this Agreement by either Party, the non-defaulting Party shall be entitled to exercise all remedies available by law or in equity, specifically including suits for specific performance and/or monetary damages. In the event of any proceeding to enforce the terms, covenants or conditions hereof, the prevailing Party in such proceeding shall be entitled to obtain as part of its judgment or award its reasonable attorneys fees. 28. Subject to Annual Appropriation and Budget. No provision of this Agreement shall be construed or interpreted as a delegation of governmental powers by the District, or as creating a multiple-fiscal year direct or indirect debt or other financial obligation whatsoever of the District or statutory debt limitation, including, without limitation, Article X, Section 20 or Article XI, Section 6 of the Constitution of the State of Colorado. The performance of the District s obligations pursuant to this Agreement requiring budgeting and appropriation of funds are subject to annual budgeting and appropriations. 29. Governing Law. This agreement shall be governed and construed under the laws of the State of Colorado :

65 30. Inurement. Each of the terms, covenants and conditions hereof shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns. 31. Parties Interested Herein. Nothing expressed or implied in this Agreement is intended or shall be construed to confer upon, or to give to, any person other than the District and the City any right, remedy, or claim under or by reason of this Agreement or any covenants, terms, conditions, or provisions thereof, and all the covenants, terms, conditions and provisions in this Agreement by and on behalf of the District and the City shall be for the sole and exclusive benefit of the District and the City. 32. Severability. If any covenant, term, condition, or provision under this Agreement shall, for any reason, be held to be invalid or unenforceable, the invalidity or unenforceability of such covenant, term, condition, or provision shall not affect any other provisions contained herein, the intention being that such provisions are severable. 33. Annual Report. The District shall submit an annual report to the City in every year following the year in which the Order and Decree creating the District has been issued until the year following the dissolution of the District. Such annual report shall be submitted no later than August 1 of each year and shall include information as provided by City Code. 34. No Liability of City. The City has no obligation whatsoever to construct any improvements that the District is required to construct, or pay any debt or liability of the District including any bonds. only. 35. Paragraph Headings. Paragraph headings are inserted for convenience of reference 36. Defined Terms. Capitalized terms used herein and not otherwise defined shall have the meanings ascribed to them in the Service Plan. [Signature page follows.] :

66

67 CITY OF ARVADA Name: Title: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney :

68 REPORT TO CITY COUNCIL AGENDA ITEM 8.A. TO: THE HONORABLE CITY COUNCIL DATE: April 1, 2019 SUBJECT: 2018 Year-End Financial Presentation Report in Brief The City Council will receive, in advance of the presentation, a copy of the 2018 Year-End Financial Report. This financial report is an unaudited overview of the major funds and how their revenues and expenditures performed in comparison to budget and the prior year. The presentation will concentrate on the General Fund with additional data provided on the Parks, Police Tax Increments, Water, Wastewater, Stormwater, Golf, Food and Insurance Funds. There will also be an overview of the investment portfolio and the current investment market. As set out by City Charter, at a minimum, staff is required to update City Council on a quarterly basis on the actual revenue and expenditures compared to the budget. Any concerns need to be identified and addressed. This presentation helps to meet this requirement and supports Organizational and Service Effectiveness. Prepared by: Bryan Archer, Director of Finance Reviewed by: Arlene Martinez, Executive Assistant 3/15/2019 Sherie Farstveet, Law Office Administrator 3/15/2019 Approved by: Bryan Archer, Director of Finance 3/15/2019 Kimberly Burnham, Senior Assistant City Attorney 3/15/2019 Rachel Morris, Deputy City Attorney 3/18/2019 Chris Daly, City Attorney 3/19/2019 Nora Steenson, Senior Assistant City Attorney 3/19/2019 Lorie Gillis, Deputy City Manager 3/20/2019 Mark Deven, City Manager 3/20/2019 Enclosure, exhibits & attachments required to support the report

69 City Council April 1, 2019

70 Revenues ended positive, but some concerns Expenditures in line with budgets Limited one-time funds

71 Spent $11,890,812 on patching, milling, overlay and concrete on lane miles of roads Processed 40,587 sales tax returns from 6,664 businesses that produced $51,651,504 in General Fund Sales Tax Revenue Issued 648 total building permits (417 single-family detached. 87 Duplex and 144 Multi-Family) producing $7,391,867 in Building Revenue

72 Police Department made 4,245 Criminal Arrests in 2018 across the four sectors up from 3,524 in City of Arvada unemployment ticked up to 3.5% but still under the national level of 3.9% and in line with the state level of 3.5%. 14 of 15 Funds meet or exceed Council s established Fund Balance Goal

73

74

75 GENERAL FUND Property Tax Sales Tax Building Revenues Auto Use Tax Interest Revenue Personnel Expenditures Other Expenditures YEAR TO DATE POSITIVE NEGATIVE POSITIVE MONITOR POSITIVE POSITIVE POSITIVE PERFORMANCE - ACTUALS VS. BUDGET

76 SALES TAX Overall Fast Food Restaurants Fast-Casual Restaurants Restaurant/Lounges Liquor Stores Public Utilities/Cable TV Telephone Equipment/Service Retail/Hardware Grocery Chain Stores Furniture/Appliance/Flooring Auto Care/Leasing YEAR TO DATE NEGATIVE NEGATIVE POSITIVE POSITIVE POSITIVE MONITOR NEGATIVE NEGATIVE POSITIVE NEGATIVE NEGATIVE 1.3% GROWTH PERFORMANCE - ACTUALS VS. BUDGET

77 PERCENTAGE CHANGE - YEAR OVER YEAR

78 -6.2% reduction

79

80 FUND REVENUES EXPENDITURES YEAR TO DATE Parks POSITIVE POSITIVE POSITIVE Tax Increment Funds MONITOR POSITIVE POSITIVE Community Development POSITIVE POSITIVE POSITIVE Arvada Housing POSITIVE POSITIVE MONITOR Capital Projects POSITIVE POSITIVE MONITOR Water MONITOR POSITIVE POSITIVE Wastewater MONITOR POSITIVE POSITIVE Stormwater POSITIVE POSITIVE POSITIVE Golf POSITIVE POSITIVE WARNING Hospitality MONITOR POSITIVE POSITIVE Risk Management POSITIVE POSITIVE POSITIVE PERFORMANCE - ACTUALS VS. BUDGET

81 PORTFOLIO CHANGES CONSOLIDATED PORTFOLIO ALLOCATION CREDIT QUALITY (S&P RATING) AA+ 82.6% AAA 10.9% A-1 0.5% AA- 4.5% AA 1.5% PORTFOLIO PERFORMANCE

82 Revenue slowing down, especially sales tax 3F passed! Design and right-ofway work has commenced for 72 nd underpass and Ralston Road PCI rating presentation next week

83

84 REPORT TO CITY COUNCIL AGENDA ITEM 8.B. TO: THE HONORABLE CITY COUNCIL DATE: April 1, 2019 SUBJECT: Porch-light Family Justice Center Introduction Report in Brief The District Attorney s Office is bringing a Family Justice Center to the First Judicial District, which serves Jefferson and Gilpin counties. More than 75 partner agencies will work together to provide coordinated services for victims of violence. Violence can include physical abuse, emotional abuse, harassment, threats, strangulation, murder, elder and at-risk adult abuse, human trafficking, property damage, and child abuse. One of the greatest challenges faced by victims in the aftermath of crime is trying to find a new state of normal. They are often overwhelmed and confused. While many services are currently available for victims in our community, access to those services may require traveling to different offices or searching many websites. Victims may need to travel to multiples places to find the services they need. Issues with child care and transportation to these appointments may result in victims making a decision not to seek out the help they need. Often victims return to their abusers for financial support, housing, and child care. The Family Justice Center will make it easier for victims to seek help, reduce the number of times a victim has to tell their story, and will improve accessibility of services and resources, said Family Justice Center Director and prosecutor Candace Cooledge. The Family Justice Center is the gateway to a network of services designed to reduce family violence in our counties. As we reduce the occurrence of family violence, we also enhance public safety, help reduce violent crime and homicide rates, unite communities in support of crime victims, save tax dollars, and increase effectiveness of timely services. Once open, the PorchLight Family Justice Center (FJC) will provide comprehensive legal,emotional and critical supportive services for survivors of domestic violence, sexual assault, child, at-risk adult abuse and human trafficking. The center will be centrally located in Jefferson County. The FJC will be a safe, caring environment that provides one-stop services and support. Key local government agencies, law enforcement, community, social and legal service providers, and District Attorney's Offices will be located on-site at the FJC to make it easier for victims and survivors to get help. We desire to offer our community a kind-hearted, victim-centered home where victims, survivors and their children come first as they work through the healing process. Both Ms. Cooledge and Jefferson County District Attorney's Office representative Ray Fleer will present information to the Council and answer questions. Prepared by: Kelly Newman, Financial Business Analyst

85 SUBJECT: Porch-light Family Justice Center Introduction PAGE: 2 ITEM: 8.B. Reviewed by: Carolina Rodriguez, Legal Administrative Specialist 3/5/2019 Sherie Farstveet, Law Office Administrator 3/5/2019 Approved by: Aaron Jacks, Assistant City Attorney 2/26/2019 Link Strate, Chief of Police 2/27/2019 Nora Steenson, Senior Assistant City Attorney 3/6/2019 Rachel Morris, Deputy City Attorney 3/6/2019 Chris Daly, City Attorney 3/6/2019 Lorie Gillis, Deputy City Manager 3/11/2019 Mark Deven, City Manager 3/19/2019 Enclosure, exhibits & attachments required to support the report

86 REPORT TO CITY COUNCIL AGENDA ITEM 8.C. TO: THE HONORABLE CITY COUNCIL DATE: April 1, 2019 SUBJECT: Appointments to Boards and Commissions Report in Brief City Council will make appointments and reappointments to various boards and commissions as set out below: Arvada Arts and Culture Commission I move to Appoint Judy Gardner and Rachel Kuroiwa to the Arvada Arts and Culture Commission for 4-year terms ending April 30, 2023; Louis Colaiannia and Emily King for partial terms ending April 30, Arvada Festivals Commission I move to Appoint Dale Coffman, Bridgit Coffman,Amanda McCoo, Matt Pilger, and Kay Palmer to the Arvada Festivals Commission for full 3-year terms ending April 30, 2022; Shilpi Talwar and Charles Schick to the Arvada Festivals Commission for unexpired terms ending April 30, 2020; Jeremy Belter to the Arvada Festivals Commission for an unexpired term ending April 30, 2021; and to Reappoint Jennifer Kemps and Nina Piccinini to the Arvada Festivals Commission for full 3-year terms ending April 30, Arvada Liquor Licensing Authority I move to Reappoint Daniel Daly and Veronica Kaiser, to the Arvada Liquor Licensing Authority for 3-year terms ending April 30, Arvada Urban Renewal Authority - Motion by Mayor Williams: I move to Appoint Tim Steinhaus to the Arvada Urban Renewal Authority for a 5-year term ending April 30, Motion by : I move to ratify Mayor Williams appointment of Tim Steinhaus to the Arvada Urban Renewal Authority for a 5-year term ending April 30, Board of Adjustment I move to Appoint Meredith Kapushion to the Board of Adjustment for a 3-year term ending April 30, 2022; and to Reappoint Alan Albrandt and Barbara Coffman to the Board of Adjustment for 3-year terms ending April 30, Arvada Retirement Plan Board I move to Reappoint Robert Leigh to the Arvada Retirement Board for a 4-year term ending April 30, Design Review Advisory Committee I move to Reappoint Matthew Prythero as the At-large representative to the Design Review Advisory Committee for 5-year term ending April 30, 2024; and Scott Spears as the Olde Town Business Owner to the Design Review Advisory Committee for a 5-year term ending April 30, 2024.

87 SUBJECT: Appointments to Boards and Commissions PAGE: 2 ITEM: 8.C. Golf Advisory Committee - I move to Appoint Aaron Lopez, Larry Vogt, and Hank Braaksma to the Golf Advisory Committee for 3-year terms ending April 30, Human Services Advisory Committee I move to Appoint Catherine Gaskins to the Human Services Advisory Committee for a 3-year term ending April 30, 2022; and to Reappoint Vicki Pyne to the Human Services Advisory Committee for a 3-year term ending April 30, Olde Town Business Improvement District Board I move to Appoint************* to the Olde Town Business Improvement District Board for a 3-year term ending April 30, 2022; and to Reappoint Deborah Pearson and Karen Wood for a 3-year term ending April 30, Park Advisory Committee I move to Appoint Michael McMahon, Jason Andersen, and Brian Tucker to the Park Advisory Committee for 3-year terms ending April 30, 2022; and Alicia Todd to the Park Advisory Committee for and unexpired term ending April 30, 2020; and to Reappoint Justin Holstein, Julie Jordan, and Erin Newton to the Park Advisory Committee for 3-year terms ending April 30, Sustainability Advisory Committee I move to Appoint Iris Horowitz to the Sustainability Advisory Committee for a 3-year term ending April 30, 2022; Mindy Mohr to the Sustainability Advisory Committee for an unexpired term ending April 30, 2020; Keith Emery to the Sustainability Advisory Committee for an unexpired term ending April 30, 2021; and to Reappoint Melissa Bauer, Tara Kent, and Randall Moorman to the Sustainability Advisory Committee for 3-year terms ending April 30, Transportation Advisory Committee I move to Appoint Matthew Thornton and Matthew Barkley to the Transportation Advisory Committee for 3-year terms ending April 30, 2022; and to Reappoint Dan Cupit and Andrea Duran-Carpenter to the Transportation Advisory Committee for 3-year terms ending April 30, Financial Impact N/A Background In response to public notices requesting interested citizens to apply for City Council appointed Boards, Commission and Committees, 101 Arvada citizens submitted applications. The Council conducted an assessment process to identify 27 residents as the most highly qualified citizens for additional consideration. Discussion On February 25, Council members interviewed 39 citizens to fill 27 vacancies on sis Boards, Commissions and Committees. The list of appointment actions as described herein will complete the appointment process. Public Contact Posting of the City Council agenda. Commission Recommendation N/A

88 SUBJECT: Appointments to Boards and Commissions PAGE: 3 ITEM: 8.C. Strategic Alignment This action aligns with the City Council Strategic Plan Priority Area of Organization and Service Effectiveness. Alternative Courses of Action N/A Recommendation for Action N/A Suggested Motion: N/A Prepared by: Kristen Rush, City Clerk Reviewed by: Sherie Farstveet, Law Office Administrator 3/12/2019 Approved by: Rachel Morris, Deputy City Attorney 3/13/2019 Chris Daly, City Attorney 3/19/2019 Nora Steenson, Senior Assistant City Attorney 3/19/2019 Lorie Gillis, Deputy City Manager 3/20/2019 Mark Deven, City Manager 3/20/2019 Enclosure, exhibits & attachments required to support the report

89 REPORT TO CITY COUNCIL PUBLIC HEARING AGENDA ITEM 9.A. TO: THE HONORABLE CITY COUNCIL DATE: April 1, 2019 SUBJECT: CB19-012, An Ordinance Authorizing an Additional Appropriation for Fiscal Year 2019 (Ordinance No. 4683) Report in Brief The appropriation for the expenditure of funds from the 2018 budget lapsed on December 31, At the end of 2018, there were several projects/programs that had been approved, although not yet completed. In order to complete these projects, funds that were designated for these projects will now need to be carried over from the 2018 budget to the 2019 budget. These items total $14,774,093. Additionally, during the budget process, City staff identified a group of one-time items that, if we had additional funds at the end of 2018, would be presented for approval. These items total $2,375,000 for the General Fund. Finally, there are several items that need to be added to the 2019 budget. These items total $90,848,253. The majority of this increase is related to the proceeds of the sales and use tax bonds that will be used for the Ralston Road and 72nd Avenue underpass projects. Staff recommends that City Council approve CB19-012, An Ordinance Authorizing an Additional Appropriation for Fiscal Year 2019 on final reading, number it 4683 and order it published by title only. Financial Impact The overall increase in the 2019 appropriation is $107,997,346, consisting of $14,774,093 of carry over items, $2,375,000 in one-time items and $90,848,253 in new budget items. Sufficient revenues exist to cover each of the carry over or new budget items. These budget items, if approved, will be incorporated into the new year financial plan. Background The appropriation for the expenditure of funds from the 2018 budget lapsed on December 31, At the end of 2018, there were several projects/programs that had been approved, although not yet completed. In order to complete these projects, funds that were designated for these projects will now need to be carried over from the 2018 budget to the 2019 budget. These items total $14,774,093. Additionally, during the budget process, City staff identified a group of one-time items that, if we had additional funds at the end of 2018, would be presented for approval. These items total $2,375,000 for the General Fund. Finally, there are several items that need to be added to the 2019 budget. These items total $90,848,253. The majority of this increase is related to the proceeds of the sales and use tax bonds that will be used for the Ralston Road and 72nd Avenue underpass projects.

90 SUBJECT: CB19-012, An Ordinance Authorizing an Additional Appropriation for Fiscal Year 2019 (Ordinance No. 4683) PAGE: 2 ITEM: 9.A. See the attachment for a summary of these items by fund. CARRYOVERS GENERAL FUND City Manager's Office In 2018, money was set aside for the Visioning project. This project was not completed in 2018 and $107,875 is being requested to carry over into Community and Economic Development In 2018, money was set aside for changes to the Land Development Code. This project was not completed in 2018 and $109,920 is being requested to carry over into Human Resources In 2018, money was set aside for consulting fees for a City-wide total compensation philosophy update. The RFP was completed; however, the majority of the work will be done in Therefore $75,700 is being requested to carry over into Innovation and Technology Management The ITM department is asking to carry over $56,000 into 2019 for temporary wages to complete the computer replacement project that was started in Public Safety The Public Safety department is requesting to carry over $100,000 for overtime for the field training officers for the new recruiting class for The records scanning project is taking longer than anticipated and $40,000 is being requested to carry over into 2019 to complete this project. There was a delay in the 2018 order of ammunition. The ammunition will be received in 2019; therefore, a carryover of $19,500 is being requested. There was $37,000 set aside in 2018 for equipment for the Whisper Creek Community Station. This equipment will not be received until Therefore a carryover is being requested for the equipment. Temporary wages of $50,000 is being requested to carry over into 2019 for summer help for code enforcement. Public Works Funds were set aside in 2018 for an ADA compliance project, security project and purchase of equipment. These projects were not completed in 2018 and Public Works is asking to carry over $148,560 for the ADA compliance study, $631,952 for the security project and $88,651 for equipment for a total of $869,163 into STREET MAINTENANCE FUND In 2018, there was $293,149 that was left in the street maintenance budget that staff is requesting to carry over into There was also street degradation and 50/50 sidewalk reimbursement of $128,348, which can be added to the street maintenance budget for a total request of $421,497. TAX INCREMENT.21 FUND Funds were set aside in 2018 for a repair to the Lake Arbor Community Station building. This repair will be completed in

91 SUBJECT: CB19-012, An Ordinance Authorizing an Additional Appropriation for Fiscal Year 2019 (Ordinance No. 4683) PAGE: 3 ITEM: 9.A. 2019; therefore, $171,000 is being requested to carry over into Leadership training for the commanders was secured in 2018, but will not occur until $16,000 is being requested to carry over into 2019 for the training. Family Justice Center training for the investigators will not be completed until 2019; therefore, $3,000 is being requested to carry over into TAX INCREMENT.25 FUND Family Justice Center training for the investigators will not be completed until 2019; therefore, $3,650 is being requested to carry over into There was a delay in the 2018 order of ammunition. The ammunition will be received in 2019; therefore, a carryover of $23,725 is being requested. There was $8,100 set aside in 2018 for supplies for the Whisper Creek Community Station. These supplies will not be ordered until 2019; therefore, a carryover is being requested for the supplies. WATER FUND The Water fund is asking to carry over $6,707,180 into 2019 for various capital improvement projects that are still in process. These projects relate to work that is being done for the Leyden storage project, Water Treatment plant repairs and security upgrades, Highway 93 water tank and pipeline improvements, water system headworks and the Ralston Water Treatment plant pump station. WASTEWATER FUND The Wastewater fund is asking to carry over $3,890,781 into 2019 for various projects that are still in process. The projects that are currently in process are the sewer system extensions, Ralston line repairs, Ward Road sewer pipeline, Ralston pipeline replacement and sewer system replacement. STORMWATER FUND The Stormwater fund is asking to carry over $912,986 into 2019 for various projects that are still in process. These projects relate to work being done at the Youngfield basin, Hyatt Lake basin, Leyden Creek crossing at Alkire, Ralston Creek at Croke crossing and the Urban Drainage and Flood Control joint master plan study. INSURANCE FUND Insurance reimbursements were received in 2018 for the replacement of several City building roofs, but not all roofs have been repaired. A carryover of $179,446 is being requested to complete these repairs in COMPUTER FUND The ITM department started the workstation replacement project in There are still workstations that will be replaced in A carryover of $143,500 is being requested to complete these repairs in VEHICLE FUND The Vehicle fund is requesting to carry over $835,070 into 2019 for 21 police vehicles and a tractor that were ordered in 2018 but will not be received until ONE-TIME GENERAL FUND

92 SUBJECT: CB19-012, An Ordinance Authorizing an Additional Appropriation for Fiscal Year 2019 (Ordinance No. 4683) PAGE: 4 ITEM: 9.A. A number of one-time requests were presented during the budget process as items that staff would like to fund if there were savings in the General Fund budget at the end of The table below shows these items in descending order. Staff proposes to fund all of these items in 2018 as part of this budget ordinance. One-time requests Amount JPPHA funding $ 2,000,000 Traffic review study 150,000 Health and human services funding 75,000 MARC Core move (PD Hardware & Software) 50,000 Visitor's center funding 50,000 Trash consulting 50,000 Total $ 2,375,000 NEW REQUESTS GENERAL FUND A increase of $85,000 in the appropriation to the General Fund is requested for a transfer to the CIP for the fiber conduit project. This represents a contribution from Jefferson County that was incorrectly posted to the General Fund in An increase of $235,000 is needed for salaries and benefits for the Deputy City Manager position. This will be partially offset by a $85,000 reimbursement from JPPHA. An increase of $156,000 is needed for salaries and benefits for the Manager of Development Engineering approved to start in An increase of $37,000 for a temporary position in Community and Economic Development. An increase of $27,100 is needed for a transfer to the Vehicle Fund for a vehicle for the new municipal inspector added in The vehicle was not requested during the budget. Funds will be transferred to the Vehicle Fund. An increase of $15,000 is needed for post service fee expenses in municipal court. This is offset with the post service fee that is collected with each ticket. An increase of $1,100,000 is needed for a transfer to the Capital Improvements Project Fund. This transfer represents the additional HUTF monies that were received through State legislation in 2018 that will be used for traffic projects. PARKS FUND An increase of $34,000 is needed for a new vehicle for the Parks Maintenance position that was approved for The new vehicle was accidentally missed in the 2019 budget. Funds will be transferred to the Vehicle Fund. TAX INCREMENT.21 FUND An increase of $150,000 is needed for the parking lot at the Lake Arbor community station. TAX INCREMENT.25 FUND An increase of $250,000 is needed for the remodel of fire station 7 to be used for police storage.

93 SUBJECT: CB19-012, An Ordinance Authorizing an Additional Appropriation for Fiscal Year 2019 (Ordinance No. 4683) PAGE: 5 ITEM: 9.A. GRANTS FUND The appropriation for a transfer from the Grants fund to the CIP of $550,000 is requested for the Parks Maintenance building that was approved by council as part of the 2019 CIP. SPECIAL ASSESSMENTS FUND The appropriation for a transfer from the Special Assessments fund to the CIP of $300,000 is requested for the Parks Maintenance building that was approved by council as part of the 2019 CIP. BUILDING FUND The appropriation for a transfer from the Building fund to the CIP of $350,000 is requested for the Parks Maintenance building that was approved by council as part of the 2019 CIP. CAPITAL IMPROVEMENT PROJECTS FUND Each year as part of new construction, Park tap fees are collected with water taps. These fees are accumulated throughout the year and then transferred to the CIP to fund new park construction. The amount collected in 2018 was $273,453. Staff requests to appropriate these funds in 2019 for future Park taps. Each year as part of new construction, Park Development fees are collected. These fees are accumulated throughout the year in the CIP to fund new park construction. The amount collected in 2018 was $161,984. Staff requests to appropriate these funds in 2019 for future Park expansion. Each year as part of new construction, Lands Dedicated fees are collected. These fees are accumulated throughout the year in the CIP to fund new park construction. The amount collected in 2018 was $504,783. Staff requests to appropriate these funds in 2019 for future Park expansion. The Water fund provides revenue to the CIP fund for irrigation improvements. In the early 1990's, a 3 cents per thousand gallons calculation was determined which is collected by the Water fund. The amount collected in 2018 was $167,833 and will be transferred to the CIP fund. Staff requests to appropriate these funds in 2019 for irrigation system projects as detailed in the adopted CIP. An increase of $1,200,000 in the appropriation in the CIP fund for the park maintenance building is requested which represents a transfer from the Special Assessments fund of $300,000, a transfer from the Grants fund of $550,000 and a transfer from the Building fund of $350,000. An increase to the appropriation in the CIP fund of $340,000 is requested. Contributions from Jefferson County and AFPD for the fiber conduit project will fund the increase. An increase of $1,100,000 in the appropriation in the CIP fund is requested for additional traffic projects to be funded with the additional HUTF funds received through State legislation in VEHICLE FUND An increase of $61,100 is needed for the purchase of vehicles for the Parks Maintenance and Municipal Inspector positions. The purchase of the vehicles is funded by a transfer from the General Fund and Parks Fund. CONSTRUCTION FUND An increase of $79,650,000 is needed for the expenses related to the two projects approved in 2018 and funded with the proceeds from the Series 2019 Sales and Use Tax Bonds.

94 SUBJECT: CB19-012, An Ordinance Authorizing an Additional Appropriation for Fiscal Year 2019 (Ordinance No. 4683) PAGE: 6 ITEM: 9.A. DEBT SERVICE FUND An increase of $4,100,000 is needed for the debt service payment for the Series 2019 Sales and Use Tax bonds. Discussion The recommended action will authorize the expenditure of resources that aligns to the City Council's direction and the direction of Arvada citizens as expressed through the approval of Ballot Measure 3F last November. A total of $14,774,093 of the requests as described herein are funded as carryover of unexpended resources approved as part of the 2018 operating and capital budget. The one-time requests totaling $2,375,000 are funded by a combination of under expended 2018 appropriations and additional 2018 revenue over budgeted estimates. Finally, a total of $90,848,253 is funded by new revenues such as grants or additional resources received from the State, the bond proceeds authorized by voter approval of Ballot Measure 3F and reserves within various funds assumed within our fully balanced Ten-Year financial models. If approved by the City Council, total appropriations for 2019 will increase to $343,259,891 as presented in the Carryover Summary attachment included with this agenda item. Public Contact Posting of the City Council agenda. Commission Recommendation N/A Strategic Alignment The proposed action aligns with the Organizational and Service Effectiveness Priority Area within the City Council Strategic Plan by authorizing resources that will be administered by the Finance Department in accordance with all applicable City Code and financial policies. Other Priority Areas that will be served through the recommended action include Safe Community, Infrastructure, Community and Economic Development and Vibrant Community and Neighborhoods. Alternative Courses of Action N/A Recommendation for Action Staff recommends that the City Council approve CB19-012, An Ordinance Authorizing an Additional Appropriation for Fiscal Year 2019 on final reading, number it 4683 and order it published by title only. Suggested Motion: I move that CB19-012, An Ordinance Authorizing an Additional Appropriation for Fiscal Year 2019, be (approved on final reading, numbered 4683 and ordered published by title only) (rejected). Prepared by: Janet Newman, Administrative Specialist

95 SUBJECT: CB19-012, An Ordinance Authorizing an Additional Appropriation for Fiscal Year 2019 (Ordinance No. 4683) PAGE: 7 ITEM: 9.A. Approved by: Lisa Yagi, Assistant Finance Director 3/13/2019 Arlene Martinez, Executive Assistant 3/13/2019 Bryan Archer, Director of Finance 3/13/2019 Carolina Rodriguez, Legal Administrative Specialist 3/14/2019 Sherie Farstveet, Law Office Administrator 3/14/2019 Kimberly Burnham, Senior Assistant City Attorney 3/14/2019 Rachel Morris, Deputy City Attorney 3/18/2019 Lorie Gillis, Deputy City Manager 3/18/2019 Mark Deven, City Manager 3/19/2019 Enclosure, exhibits & attachments required to support the report

96 3/20/2019 Ordinance 4683 Authorizing Additional Appropriation for Google Docs COUNCIL BILL NO ORDINANCE NO AN ORDINANCE AUTHORIZING AN ADDITIONAL APPROPRIATION FOR FISCAL YEAR 2019 WHEREAS, the City Council of the City of Arvada adopted Ordinance No (Council Bill No ), which authorized the annual appropriation for Fiscal Year 2019; and WHEREAS, Section 10.8(a) of the Arvada Home Rule Charter provides that City Council may make additional appropriations by Ordinance during the fiscal year for unanticipated expenditures required of the City; and WHEREAS, the City Council of the City of Arvada finds that an additional appropriation is necessary in order for the City to meet unanticipated expenditures; and WHEREAS, the City Council of the City of Arvada further finds that such additional expenses do not exceed the amount by which actual and anticipated revenues for Fiscal Year 2019 are exceeding the revenues as anticipated in the budget for NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ARVADA, COLORADO: Section 1. The following sums of money as may be needed or deemed necessary to defray the expenses and liabilities of the City of Arvada are hereby appropriated for Fiscal Year General Fund $102,876,479 Grants Fund $1,013,909 Street Maintenance Fund $10,134,736 Community Development Fund $1,663,653 Housing Authority Fund Parks Fund Police Seizure Police Tax Increment Fund.21 Police Tax Increment Fund.25 Economic Development Debt Service COP Debt Service Fund Capital Projects Fund Construction Fund $4,054,620 $9,952,980 $28,560 $5,212,716 $6,848,397 $831,651 $4,100,000 $2,135,829 $14,100,800 $79,650, /2

97 3/20/2019 Ordinance 4683 Authorizing Additional Appropriation for Google Docs Special Assessments Water Fund Wastewater Fund Golf Course Fund Stormwater Fund Food Service Fund Insurance Fund Computer Replacement Fund Print Shop Vehicle Fund Building Fund Total Appropriation $300,000 $52,276,657 $19,193,991 $6, $6,802,983 $1, $2,422,696 $3,548,846 $341,053 $6,990, ,579 $343,259,891 Section 2. This Ordinance shall take effect five days after publication following final passage. INTRODUCED, READ, AND ORDERED PUBLISHED this 18th day of March, PASSED, ADOPTED AND APPROVED this 1st day of April, Marc Williams, Mayor ATTEST: City Clerk APPROVED AS TO FORM: Christopher K. Daly, City Attorney By: Publication Dates: March 21, 2019 April 4, /2

98 Fund Original Budget Carry over One-time New Requests Revised Budget General Fund $ 97,388,221 $ 1,458,158 $ 2,375,000 $ 1,655,100 $ 102,876,479 Grants Fund 463, ,000 1,013,909 Street Maintenance Fund 9,713, ,497 10,134,736 Community Development 1,663,653 1,663,653 Arvada Housing 4,054,620 4,054,620 Parks Fund 9,918,980 34,000 9,952,980 Police Seizure Fund 28,560 28,560 Police Tax Increment.21 4,872, , ,000 5,212,716 Police Tax Increment.25 6,562,922 35, ,000 6,848,397 Economic Development 831, ,651 Debt Service - 4,100,000 4,100,000 COP Debt Service 2,135,829 2,135,829 Capital Projects Fund 10,352,747 3,748,053 14,100,800 Construction Fund - 79,650,000 79,650,000 Special Assessments - 300, ,000 Water Fund 45,569,477 6,707,180 52,276,657 Wastewater Fund 15,303,210 3,890,781 19,193,991 Golf Course Fund 6,513,260 6,513,260 Stormwater Fund 5,889, ,986 6,802,983 Food Service Fund 1,686,979 1,686,979 Insurance Fund 2,243, ,446 2,422,696 Computers 3,405, ,500 3,548,846 Print Shop 341, ,053 Vehicles 6,094, ,070 61,100 6,990,517 Buildings 228, , ,579 Total $ 235,262,545 $ 14,774,093 $ 2,375,000 $ 90,848,253 $ 343,259,891

99

100 2018 Carry-over Items Projects, programs approved but not completed in One-time Items Priorities identified during the budget process that did not have a funding source 2019 New Requests Items identified at previous City Council meetings that need formal appropriation

101 FUND AMOUNT General $ 1,458,158 Street Maintenance 421,497 Tax Increment ,000 Tax Increment.25 35,475 Water 6,707,180 Wastewater 3,890,781 Stormwater 912,986 Insurance 179,446 Computers 143,500 Vehicles 835,070 TOTAL $ 14,774,093

102 GENERAL FUND AMOUNT Security $ 631,952 Projects 382,495 ADA 148,560 Operations 295,151 Total $1,458,158 PROJECTS ADA Compliance Study Land Development Code Update Security Updates Equipment Purchases Computer Replacement Project Purchase of Police Vehicles ALL OTHER FUNDS AMOUNT Capital Items $11,681,947 Street Maintenance 421,497 Equipment 233,921 Operations 978,570 Total $13,315,935 CAPITAL PROJECTS Youngfield Basin Hyatt Lake Basin Leyden Creek Crossing NW Water System Improvements Sewer System Extension Ward Road Sewer

103 GENERAL FUND AMOUNT JPPHA $2,000,000 Traffic review study 150,000 Health & Human Services 75,000 MARC Core move 50,000 Visitor s center 50,000 Waste consultant 50,000 Total $2,375,000

104 FUND AMOUNT General Fund $ 1,655,100 Grants Fund 550,000 Parks Fund 34,000 Tax Increment ,000 Tax Increment ,000 Debt Service 4,100,000 Capital Projects Fund 3,748,053 Construction Fund 79,650,000 Special Assessments 300,000 Vehicles 61,100 Buildings 350,000 TOTAL $ 90,848,253

105 ALL OTHER FUNDS AMOUNT Capital Projects $ 86,183,053 Vehicle purchases 122,200 Debt Service 4,100,000 Operations 443,000 Total $ 90,848,253 CAPITAL PROJECTS Parks Maintenance Building 72 nd Ave UPRR underpass 72 nd and Indiana Ralston Road

106 REVENUES AMOUNT Sales & General Use Tax $ (1,216,000 ) HUTF one time allocation 1,100,000 Building Revenues 2,722,000 All other (franchise, interest, grants) 310,000 Total Revenues $ 2,916,000 EXPENDITURES AMOUNT Total Expenditure Savings $ 2,806,500 Carryover (1,458,158) Total Expenditures $ 1,348,342 Total Savings $ 4,264,342 Proposed One-Time Use $ 2,375,000 Proposed New Budget Requests 1,655,100 Remaining to Fund Balance $ 234,242

107