HomeMy WebLinkAbout20110338 •
St. Vrain
SANITATION
DISTRICT
November 18, 2010
Board of County Commissioners
P.O. Box 758
915 10th Street
Greeley, Colorado 80631
Commissioners,
Please find attached the Service Plan Amendment for St. Vrain Sanitation District serving
southwest Weld County. We are in the midst of long term planning for our current and
future residents and will soon embark on the building of a 6 million gallon per day(mgd)
plant at our current site located off of Weld County Road 26 between Weld County Road
13 and 15.
• Our Board of Directors and staff are pleased to present this document to you for your
consideration and acceptance. We appreciate your time and effort and will be available
to answer questions and provide additional information. We look forward to hearing
from you regarding a date for the review before the Commissioners.
Thank you for your time and consideration.
Sincerely,
Eric E. Doering
District Manager
Cc: Richard Lyons,Attorney EXHIBIT
Board of Directors, SVSD
3
• 11307 Business Park Circle
Firestone,Colorado 80504
303.776.9570 Main 303.485.1968 Fax 2011-0338
www.stsan.com
•
St. Vrain
SANITATION
DI STRICT
November 22, 2010
The current SVSD 208 boundary includes approximately 120 square miles represented in
green in Exhibit 1 (Map 6). The area is in South West Weld County, Colorado, by
Township, Range and Section, West of the 6th Principal Meridian is as Follows:
TN3N, R68W, Sections - E1/2 of 19, 20, 21 (excluding East of the ditch), 24 (portions of
the South and East half), 25, 26, 27, 28, 29, 30 (portions of the East half), 32, 33, 34, 35,
36.
TN3N, R67W, Sections - 19, 20, 21, 25 (West of the South Platte River), 26, 27, 28, 29,
30, 31, 32, 33, 34, 35, 36 (West of the South Platte River).
TN2N, R68W, Sections— 1, 2, 3, 4, 5, 6 (portion of the East half), 7 (portions of the
south half), 8 (portion of entire Section), 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21,
22, 23, 24, 25, 26, 27, 28 (the East half and NW quarter), 29 (the North Half), 30 (the
• North Half), 33 (East half), 34, 35, 36.
TN2N, R67W, Sections— l(West of the South Platte River), 2, 3, 4, 5, 6, 7, 8, 9, 10, 11,
12(West of the South Platte River), 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27, 28,
29, 30, 31, 32, 33, 34.
TN2N, R66W, Sections— 18 and 19 (West of the South Platte River).
TN1N, R68W, Sections— 1, 2, 3, 10 (Portion of the East and South Half), 11, 12, 13, 14,
15, 16 (Portion of the East Half), 21 (portion of the NW quarter), 22 (portion of the north
half), 24.
TN IN, R67W, Sections—3, 4, 5, 6, 7, 8, 9, 10, 15, 16, 17, 18, 19, 20 (portion of the West
and North Half), 21 and 22 (North half's of each).
• 11307 Business Park Circle
Firestone,Colorado 80504
303.776.9570 Main 303.485.1968 Fax
wwwstsan.com
•
St. Vrain
SANITATION
DISTRICT
To: Board of County Commissioners
From: Eric Doering, District Manager
Re: Service Plan Amendments
Date: November 10,2010
Pursuant to the provisions of §32-1-207(2), C.R.S., the St. Vrain Sanitation District
petitions the Weld County Board of County Commissioners for approval of an
amendment to the District's previously approved and amended Service Plan to:
(a) allow for the expansion of its treatment facilities up to, and including, 15 mg/d
to meet the growing needs resulting from the inclusion of territories that formerly were
• within the now dissolved Weld County Tri-Area Sanitation District and the Dacono
Sanitation District, as well as to meet the projected development within the Firestone,
Frederick, and Dacono planning areas; and
(b) to amend the proposed service area of the SVSD to reflect municipal and
county development trends.
TREATMENT PLANT EXPANSION
The Board of Directors of St. Vrain Sanitation District (SVSD) has been working with
Frachetti Engineering, Denver, Colorado in development of an expansion of the SVSD's
current wastewater treatment plant from 3 million gallons a day (mg/d) to 6 mg/d. This
project has been discussed for several years and will begin in earnest during 2011 with
the letting of bid documents and the selection of a contractor to build the facility. The
entire project is anticipated to be an 18-24 month construction schedule.
SVSD is a growing district and has reached near capacity limits that trigger the state
health department mandated need to (1) begin planning for additional capacity; and (2)
begin building additional capacity. With the consolidations and growing customer base
these enhancements are critical to the long term needs of the SVSD.
11307 Business Park Circle
Firestone,Colorado 80504
• 303.776.9570 Main 303.485.1968 Fax
www.stsan.com
• The plant will be a deep oxidation ditch with independent aeration and mixing systems.
Two new 100 foot diameter clarifiers will be constructed within the current plant site. No
additional land outside the current approved plant site is needed for this expansion of
capacity. See attached Exhibit A.
Additionally, the current plant site is anticipated to be able to meet the demand for
additional expansions in the coming years to reach a maximum capacity of 15 mg/d. This
is the first phase of that expansion plan and will deal with the current demand of
approximately 2.5 mg/d and new capacity that will be needed in the coming 10 to 20
years.
Additionally, the plant will be producing a Class A biosolid that will not require land
application as currently done by the SVSD. This system, Autothermal ThermoPhilic
Aerobic Digestion (ATAD) will allow the SVSD to work with area landscapers,
communities and individuals to provide a finished product that can be applied to home or
commercial uses. The plant and biosolids system will use the existing plant site to
accomplish this expansion without any additional land needed.
The total project costs as of this date are in the range of$26-28 million. Through prudent
use of existing reserves and bonding done in late 2010, the SVSD is ready to move
forward on this project immediately after design is complete.
SVSD has a long history of providing sanitary sewer services to the southwest Weld
•
County region. This proactive effort of the Board of Directors ensures that future growth
demand will be able to be met in the region. SVSD will also continue to work with other
area communities and districts to provide a regional approach to sanitary sewer needs.
We have appreciated and continue to seek the support of Weld County on prior approvals
of boundary changes and plant enhancements.
FINANCIAL VIABILITY
The SVSD has a history of sound conservative fiscal management. Following strong
growth in the Southwest Weld County area, specifically in the Carbon Valley region the
SVSD accumulated a strong fund balance, currently approximately 23 million dollars.
The SVSD has historically carried very little debt. In 2011 the SVSD will be retiring its
2000 series General Obligation bonds by making the final payment of approximately
$500,000. Additionally, through the dissolution and inclusion of Weld County Tri-Area
Sanitation District (WCTASD), the SVSD assumed the responsibility of administering a
loan from the Colorado Water Conservancy Board with a current principal balance of
approximately $1.8 million. The current annual installment of$130,259 is offset by a
drainage debt fee for those properties located in the former WCTASD service area.
These funds were borrowed by WCTASD to fund storm water drainage improvements in
the Frederick and Firestone areas. The result of these improvements was to remove a
• 2
• large area of residential and commercial properties from the flood plain. This loan has a
30 year amortization and will mature in 2034.
In October of 2010 the SVSD sold just over $16 million dollars in revenue bonds to aid
in funding the proposed wastewater treatment plant improvements. The total cost of
these improvements will require the use of these funds as well as being supplemented by
approximately $10 to 11 million dollars from current fund balance. It was determined to
finance a portion of the project with revenue bonds so that the SVSD could maintain its
strong cash position of approximately $13 million in fund balance (or roughly 1,500 days
of operations)on a going forward basis.
This strong and stable cash position enabled the SVSD to receive AA and AA- ratings
from Fitch and from Standard and Poors rating agencies respectively. The cash
management of the SVSD as well as the ratings received from the agencies resulted in an
all inclusive cost of financing interest rate of 3.63%.
The 2010 Bond series is based on a 25 year maturity basis and maturities are stepped up
through the end of the series to allow for growth to aid in the debt payments.
Additionally, the Board of Directors of the SVSD passed a resolution allowing for
structured increases in the service fees of the SVSD over the next seven years. The
increases will take our current $22 per month fee for residential customers to ultimately
$30 per month in 2017(see chart below). At the new levels of$30/month,the SVSD will
remain an affordable sanitary sewer fee compared to other area providers.
• This will be the first changes to the SVSD rate structure since 1999. These increases will
ultimately generate an additional $1 million in revenue annually not including any future
growth. Growth estimates anticipate that additional service connections to the SVSD
system may enable the SVSD to forego some of the rate increases.
Year Increase Monthly SFE
2011 $2.00 $24
2013 $2.00 $26
2015 $2.00 $28
2017 $2.00 $30
To ensure the SVSD's ability to make the debt service payments the SVSD has set up a
reserve account that will equal the previous years operating expenses. While this will
insure that debt payments will be made it also insures that the SVSD will continually
have available the resources it needs to operate on a day to day basis.
Attached as Exhibit B is a copy of the SVSD's latest audited financial report for
fiscal year 2009.
• 3
• UPDATED SERVICE AREA
SVSD has been serving the southwest Weld County region since the mid 1980's. Over
our 25 year history we have continued to provide quality service to a growing population
within our 208 boundary. Currently we serve approximately 9,000 customers/taps; our
service area boundary covers over 120 square miles (See Map 6) and our population is
23,070.
Attached are the maps of our service area from the original boundary(Map 1), early 90's
(Map 2) late 90's (Map 3), 2006 boundary (Map 4) and the map that consolidated the
previous Weld County Tri Area Sanitation District and Dacono Sanitation District (Map
5)on January 1, 2009 and May 1,2009 respectively.
With the proposed expansion of our service area (Map 7) we will have the ability to
serve potential new customers from Weld County Road 13 east to Weld County Road 19
and north to Weld County Road 40. We can potentially serve areas currently outlying the
towns of Milliken, Johnstown and Platteville as those communities expand and have need
for sanitary sewer. This is currently being prepared for discussion and decision by the
North Front Range Water Quality Planning Association. We are submitting this updated
plan for your review and approval as part of this service plan amendment and ask for
your favorable consideration.
In the future those customers from north of Colorado Highway 66 to South of Weld
County Road 8 and from the Platte River on the east to County Line Road at the
•
Weld/Boulder County line on the west will either be or have the possibility of being
served by the St. Vrain Sanitation SVSD.
Article 32 of the Colorado Revised Statutes guides the SVSD's Board's decision related
to inclusion of a customer into a service area or 208 boundaries. A landowner must
petition to be included in the St. Vrain Sanitation SVSD and, after proper application and
notice, a public hearing is held during a regular board meeting of the St. Vrain Sanitation
SVSD Board of Directors. The public is invited to comment and then the Board
determines the merits of the inclusion. (See Attached Inclusion Packet-ExhibitC)
Inclusion in itself does not automatically result in service to a resident(s). However,
inclusion results in eligibility for service. It is only after the proper infrastructure is in
place and a sewer main or trunk line is within 400 feet of a facility, can service be
considered. For many individual property owners inclusion is sought when a septic
system fails and infrastructure is located within 400 feet of the property. This is done in
consultation with the Weld County Public Health Department. Again, there may be a
cost to the property owner to pay for such connection from their home or place of
business to the SVSD system.
SVSD's sole purpose is to provide sanitary sewer service to our customers. As such we
are able to provide that one service at a fair and reasonable cost to our customers. The
• 4
• concentration of customers within a fairly defined and narrow area allows the SVSD to
keep its costs low and service high.
In the future we will have the ability to grow our customer base as new residential and
business continues to fill in the SVSD boundaries. This will be important when growth
does return to the area and the sanitary sewer needs will be available from a structurally
and financially strong SVSD like SVSD.
With the addition of our new plant, currently in its final design phase we are doubling our
treatment capacity and will be able to meet the needs of current and future customers in a
seamless way. We are including in our design opportunities to minimize odors and the
ability to provide Class A biosolids for distribution to our residents and businesses. This
will lessen the impact on landfills and the need to land apply the biosolids as has been the
practice in the past.
With additional state and federal mandates related to treatment process this will be of
great advantage to SVSD to have a state of the art and expanding wastewater treatment
plant for the coming 20 years and beyond.
In 2005, SVSD developed a Utility Plan and updated that plan in 2010. This is the plan
that guides our decisions and needs as we serve our customers and continue to expand
our efforts. Our current permit for the plant is now in place and will be updated upon
completion of our plant expansion in 18-24 months.
• SVSD has been at the forefront of regional partnerships as exhibited by the consolidation
of the former Tri Area Sanitation District and Dacono Sanitation District and our current
agreement with the East I-25 Sanitation District to provide service assistance to their new
district serving areas north of Highway 66 and east of Interstate 25. We continue to work
with Mead on providing service to a portion of their community as well as the Town of
Erie,both in the area of the Interstate 25 corridor.
Through our coordination with North Front Range Water Quality Planning Association
(NFRWQPA) we have been approved each time we have expanded our service area. We
appreciate the ongoing and continued support of Weld County through their
representatives (Commissioners Geile, Mattson,Rademacher and Conway)to support our
efforts in the past as we have sought to serve development, residents and commercial
ventures in our boundaries. As you are aware, Weld County plays an important role in
our Utility Plan document and the changes previously made to our 208 boundary.
The efforts toward consolidation of small districts into a larger regional provider are
proving to be extremely helpful to communities, small districts and the rate payers.
Ultimately, discussion among a variety of stakeholders will be necessary to see how best
to provide these sanitary sewer needs as our region continues to grow.
• 5
• STATUTORY CRITERIA
For service plan modifications, §32-1-207(2), C.R.S., states that this petition should be
processed in substantially the same manner as is provided for initial service plan
approvals under §32-1-202 through 204, C.R.S. It is submitted that these Service Plan
Amendments meet the applicable statutory criteria set forth in §32-1-203, C.R.S., as
follows:
1. There continues to be sufficient existing and projected need for organized
sanitary sewer service in the areas both currently serviced and to be serviced by the
SVSD;
2. The existing sanitary sewer service in the area to be served by the SVSD is
inadequate for present and projected needs because no such service exists in such
areas;
3. The SVSD is capable of providing economical and sufficient service to the
area within its existing and proposed boundaries;
4. The SVSD has and will have the financial ability to discharge the revenue
bond obligation indebtedness on a reasonable basis and not requiring excessive new
rates and fees;
5. Adequate service is not, and will not be, available to the area to be included
in the proposed Service Area either through the County or other existing municipal
• or quasi-municipal corporations, including existing special districts, within a
reasonable time and on a comparable basis;
6. The facility and service standards of the SVSD are compatible with the
facility and service standards of the County and each municipality which is an
interested party under Section 32-1-204(1), C.R.S.;
7. The amendment is in substantial compliance the County's Master Plan
adopted pursuant to Section 30-28-106, C.R.S.;
8. The amendment is in compliance with the duly adopted County, regional or
state long-range water quality management plans for the area;
9. The continuation of the SVSD and these amendments to the Service Plan are
in the best interests of the areas that are currently being served and also that which
is proposed to be served; and
10. The continuation of the SVSD and these amendments to the Service Plan
are in the best interests of the residents of the SVSD and of the future residents of
the area proposed to be served.
Accordingly,the SVSD requests that the Board of County Commissioners approve these
amendments to the SVSD's Service Plan to: (a) allow for the treatment plant expansion;
and (b)allow for the expansion of the SVSD's potential service area.
• 6
•
St. Vralll
SANITATION
DISTltICF
To: Weld County Commissioners
From: Eric Doering,District Manager
Re: Plant Expansion 2010-2011
Date: October 28,2010
The Board of Directors of St. Vrain Sanitation District(SVSD)has been working with
Frachetti Engineering,Denver, Colorado in development of an expansion of our current
plant from 3 million gallon a day (mgd)to 6 mgd. This project has been discussed for
several years and will begin in earnest during 2011 with the letting of bid documents and
• the selection of a contractor to build the facility. The entire project is anticipated to be an
18-24 month construction schedule.
St. Vrain Sanitation District is a growing district and has reached near capacity limits that
trigger the state mandated need to 1) begin planning for additional capacity and 2)begin
building additional capacity. With the consolidations and growing customer base these
enhancements are critical to the long term needs of the District.
The plant will be a deep oxidation ditch with independent aeration and mixing systems.
And two new 100 foot diameter clarifiers will be constructed. The current plant site is
anticipated to be able to meet the demand for additional expansions in the coming years
to reach a maximum capacity of 15 mgd. This is the first phase of that expansion plan
and will deal with the current demand of approximately 2.5 mgd and new capacity that
will be needed in the coming 10 to 20 years.
Additionally,the plant will be producing a Class A biosolid that will not require land
application as currently done by the District. This system,Autothermal ThermoPhilic
Aerobic Digestion(ATAD)will allow the District to work with area landscapers,
communities and individuals to provide a finished product that can be applied to home or
commercial uses. The plant and biosolids system will use the existing plant site to
accomplish this expansion without any additional land needed.
• 11307 Business Park Circle
Firestone,Colorado 80504
303.776.9570 Main 303.485.1968 Fax
www.stsan.com
• The total project costs as of this date are in the range of$26-28 million. Through prudent
use of existing reserves and bonding done in late 2010,the District is ready to move
forward on this project immediately after design is complete.
SVSD has a long history of providing sanitary sewer services to the southwest Weld
County region. This proactive effort of the Board of Directors ensures that future growth
demand will be able to be met in the region. SVSD will also continue to work with other
area communities and districts to provide a regional approach to sanitary sewer needs.
We have appreciated and continue to seek the support of Weld County on prior approvals
of boundary changes and plant enhancements.
Cc: Richard Lyons,Legal Counsel for St. Vrain Sanitation District
•
• 11307 Business Park Circle
Firestone,Colorado 80504
303.776.9570 303.485.1968 Fax
www.sisan.com
St. Vrain
SANITATION
DISTRICT
Date: 10/25/2010
To: Weld County Commissioners
From: Jon Peterson, Account Manager
Re.: Financial Outlook
St. Vrain Sanitation District(SVSD) has a history of sound conservative fiscal
management. Following strong growth in the Southwest Weld County area, specifically
in the Carbon Valley region the District accumulated a strong fund balance, currently
approximately 23 million dollars.
The District has historically carried very little debt. In 2011 the District will be retiring
their 2000 series GO bonds by making the final payment of approximately $500,000.
Additionally,through the dissolution and inclusion of Weld County Tri-Area Sanitation
• District(WCTASD),the District assumed the responsibility of administering a loan from
the Colorado Water Conservancy Board with a current principal balance of
approximately$1.8 million. The current annual installment of$130,259 is offset by a
drainage debt fee for those properties located in the former WCTASD service area.
These funds were borrowed by WCTASD to fund storm water drainage improvements in
the Frederick and Firestone areas. The result of these improvements was to remove a
large area of residential and commercial properties from the flood plain. This loan has a
30 year amortization and will mature in 2034.
In October of 2010 the District sold just over$16 million dollars in revenue bonds to aide
in funding wastewater treatment plant improvements. The total cost of these
improvements will require the use of these funds as well as being supplemented by
approximately $10 to 11 million dollars from current fund balance. It was determined to
finance a portion of the project with revenue bonds so that the District could maintain its
strong cash position of approximately$13 million in fund balance (or roughly 1,500 days
of operations) on a going forward basis. This cash position enabled the District to receive
AA and AA- ratings from Fitch and Standard and Poors rating agencies respectively.
The cash management of the District as well as the ratings received from the agencies
resulted in an all in cost for the financing of 3.63%.
• 11307 Business Park Circle
Firestone,Colorado 80504
303.776.9570 Main 303.485.1968 Fax
www.stsan.com
• The Bond series is based on a 25 year basis and maturities are stepped up through the end
of the series to allow for growth to aid in the debt payments. Additionally, the Board of
Directors of the District passed a resolution allowing for structured increases in the
service fees of the District over the next seven years. The increases will take our current
$22 per month fee for residential customers to ultimately$30 per month in 2017 (see
chart below). At the new levels of$30 the District will remain an affordable sanitary
sewer fee compared to other area providers. This will be the first changes to the District
rate structure since 1999. These increases will ultimately generate an additional $1
million in revenue annually not including any future growth. Growth estimates anticipate
that additional service connections to the District system may enable the District to
forego some of the rate increases.
Year Increase Monthly SFE
2011 $2.00 $24
2013 $2.00 $26
2015 $2.00 $28
2017 $2.00 $30
To ensure the District's ability to make the debt service payments the District has set up a
reserve account that will equal the previous years operating expenses. While this will
insure that debt payments will be made it also insures that the District will continually
have available the resources it needs to operate on a day to day basis.
•
Cc: Richard Lyons, Legal Counsel for St. Vrain Sanitation District
• 11307 Business Park Circle
Firestone,Colorado 80504
303.776.9570 303.485.1968 Fax
www.stsan.coin
St. Vrain
SANITATION
DISTRICT
To: Board of Commissioners
From: Eric Doering, District Manager
Re: Updated Service Area
Date: October 28, 2010
St. Vrain Sanitation District(SVSD)has been serving the southwest Weld County region
since the mid 1980's. Over our 25 year history we have continued to provide quality
service to a growing population within our 208 boundary. Currently we serve
approximately 9,000 customers/taps;our service area boundary covers over 120 square
miles(See Map 6) and our population is 23,070.
• Attached are the maps of our service area from the original boundary(Map 1), early 90's
(Map 2) late 90's(Map 3),2006 boundary(Map 4)and the map that consolidated the
previous Weld County Tri Area Sanitation District and Dacono Sanitation District(Map
5) on January 1,2009 and May 1, 2009 respectively.
With a pending expansion of our service area(Map 7)we will have the ability to serve
potential new customers from Weld County Road 13 east to Weld County Road 19 and
north to Weld County Road 40. We can potentially serve areas currently outlying the
towns of Milliken, Johnstown and Platteville as those communities expand and have need
for sanitary sewer. This is currently being prepared for discussion and decision by the
North Front Range Water Quality Planning Association. We are submitting this updated
plan for your review and approval as part of this service plan amendment and ask for
your favorable consideration.
In the future those customers from north of Colorado Highway 66 to South of Weld
County Road 8 and from the Platte River on the east to County Line Road at the
Weld/Boulder County line on the west will either be or have the possibility of being
served by the St. Vrain Sanitation District.
11307 Business Park Circle
• Firestone,Colorado 80504
303.776.9570 Main 303.485.1968 Fax
www.stsan.com
• State Statute Article 32 guides the decision related to be included as a customer in a
service area or 208 boundaries. A landowner or resident must petition to be included in
the St. Vrain Sanitation District and after proper application and notice a public hearing is
held during a regular board meeting of the St. Vrain Sanitation District board of directors.
The public is invited to comment and then the board determines the merits of the
inclusion. (See Attached Inclusion Packet-Exhibit A)
Inclusion in itself does not result in service to a resident(s). It is only after the proper
infrastructure is in place and a main or trunk line is within 400 feet of a facility, can
service be considered. For many property owners it is when a septic system fails and
infrastructure is located within 400 feet would SVSD be able to provide service. This is
done in consultation with the Weld County Public Health Department. Again,there may
be a cost to the property owner to pay for such connection from their home or place of
business to the SVSD system.
St.Vrain Sanitation District's sole purpose is to provide sanitary sewer service to our
customers. As such we are able to provide that one service at a fair and reasonable cost
to our customers. The concentration of customers within a fairly defined and narrow area
allows the District to keep its costs low and service high.
In the future we will have the ability to grow our customer base as new residential and
business continues to fill in the District boundaries. This will be important when growth
does return to the area and the sanitary sewer needs will be available from a structurally
and financially strong district like SVSD.
With the addition of our new plant, currently in its final design phase we are doubling our
treatment capacity and will be able to meet the needs of current and future customers in a
seamless way. We are including in our design opportunities to minimize odors and the
ability to provide Class A biosolids for distribution to our residents and businesses. This
will lessen the impact on landfills and the need to land apply the biosolids as has been the
practice in the past.
With additional state and federal mandates related to treatment process this will be of
great advantage to SVSD to have a state of the art and expanding wastewater treatment
plant for the coming 20 years and beyond.
In 2005 St. Vrain Sanitation District developed a Utility Plan and updated that plan in
2010. This is the plan that guides our decisions and needs as we serve our customers and
continue to expand our efforts. Our current permit for the plant is now in place and will
be updated upon completion of our plant expansion in 18-24 months. Please see next
memo on Plant expansion.
• 11307 Business Park Circle
Firestone,Colorado 80504
303.776.9570 303.485.1968 Fax
www.stsan.com
• SVSD has been at the forefront of regional partnerships as exhibited by the consolidation
of the former Tri Area and Dacono Sanitation District and our current agreement with the
East I-25 Sanitation District to provide service assistance to their new district serving
areas north of Highway 66 and east of Interstate 25. We continue to work with Mead on
providing service to a portion of their community as well as the Town of Erie, both in the
area of the Interstate 25 corridor.
Through our coordination with North Front Range Water Quality Planning Association
(NFRWQPA)we have been approved each time we have expanded our service area. We
appreciate the ongoing and continued support of Weld County through their
representatives(Commission members Geile, Mattson, Rademacher and Conway)to
support our efforts in the past as we have sought to serve development, residents and
commercial ventures in our boundaries. As you are aware Weld County plays an
important role in our Utility Plan document and the changes previously made to our 208
boundary.
The efforts toward consolidation of small Districts into a larger regional provider are
proving to be extremely helpful to communities,small Districts and the rate payers.
Ultimately, discussion among a variety of stakeholders will be necessary to see how best
to provide these sanitary sewer needs as our region continues to grow.
Cc: Richard Lyons, Legal Counsel for St. Vrain Sanitation District
41
• 11307 Business Park Circle
Firestone,Colorado 80504
303.776.9570 303.485.1968 Fax
www.stsan.com
Status (Exhibit A)
Review new Petition for Inclusion/Hearing date set
Inclusion Hearing&Inclusion signing
•
St.Vrain Sanitation District
Petition for Inclusion
Checklist
Date
Property Owner/Applicant Development(if applicable)
Address Major Crossroads
Legal Description
Acreage Present Zoning
Current Assessed Value Present Land Usage
Number of Units Single Family Multi-Family Commercial/Industrial
Other(Description)
Name and Distance to Closest District Sewer Line
Within 208 Boundary Yes/No Distance from Treatment Plant Capacity Study Fee Required Yes/No
Treatment/Pretreatment Issues
Comments
Assessed valuation upon completion of development plan
•
DATE
Certificate of Good Standings received &reviewed by
Corporate Resolution received&reviewed by
Copy of Deed&Map of property received& reviewed by
Completed Petition received and reviewed by
Inclusion Fee received by Amount
Petition sent to Dick Lyons
Hearing Date scheduled for
Staff recommendation
After review,staff has determined that inclusion of said properly does/does not serve the best interests of
the District and motion to include should be()Approved O Denied.
Board action
Following discussion,the board has concluded that the motion to include should be
O Approved ()Denied.
Comments
Sent for Recording -
Final recorded Order of Inclusion received
District maps adjusted accordingly
(Note: County Assessor's Office must be supplied updated boundary maps-Jan 15)
•
&VA
St. Vrain
• SANITATION
DISTRICT
Property Owner:
Development (If applicable)
Date:
RE: Petition for Inclusion
Pursuant to your request,a Petition for Inclusion into the St.Vrain Sanitation District is enclosed. Please complete
this form,including your notarized signature and attach the following:
1. Check for Fees
Residential Taxable Fee=(A x B x C)/ 1000=D
DxE=FandFxl0=G
A-Fair Market Value of Land A=
B-Current Residential Assessment Rate B=
C-Current Mill Levy C
D-Cost per acre D=
E-#of acres E_
F-Tax for one year F=
G-An incentive fee that is calculated on the past 10 years G=
of taxes that would have been paid to the District.
• Nonresidential Taxable Fee=(A x B x C)/ 1000=D
DxE=FandFx10=G
A-Fair Market Value of Land A=
B-Current nonresidential Assessment Rate B=
C-Current Mill Levy C=
D-Cost per acre D
E-#of acres E_
F-Tax for one year F=
G-An incentive fee that is calculated on the past 10 years G=
of taxes that would have been paid to the District.
Base Fee=A+(B x$20)
A- Administration Fee ($1,200.00) A= $ 1,200.00
B- #of acres x$20 B=$
Base Fee+Taxable Fee=Inclusion Fee
Base Fee$ +Taxable Fee$ = $
TOTAL OF FEES DUE WITH THIS PETITION $
Should engineering and administrative time exceed above value,additional charges may be levied.
*Valid for 60 days from form date.
• 1
• 2. Signed copy of the Inclusion Agreement(attached).
3. Completed Questionnaire(blank attached).
4. Copy of the Deed whereby you acquired Title of said property
5. Map of property(1:1000 scale or larger)or AutoCAD compatible copy of map file.
6. Copies of the Certificate of Good Standings&Corporation or Limited Partnership Resolutions.
Your attention to detail in completing this petition thoroughly will result in prompt processing by the District.
Return to:
St.Vrain Sanitation District,11307 Business Park Circle,Firestone,CO. 80504
Upon receipt of all the information requested above,this petition will be brought before the St.Vrain Sanitation
District Board for review. Petitions are heard quarterly(Jan/Apr/Jul/Oct)by the Board of Directors. Petitions
must be turned into District office 60 days prior to the hearing date.
For your information,Weld County levies property tax in behalf of the District to address District debt and
operations. The mill levy changes each year,but is moving in a downward trend. Please inquire as to specifics.
Sincerely,
ST.STRAIN SANITATION
District Manager
•
• 11307 Business Park Circle Firestone,CO 80504
Phone:(303)776-9570 Fax:(303)-485-1968
2
STATE OF COLORADO ) BEFORE THE BOARD OF DIRECTORS OF
• COUNTY WELD )ss ST.VRAIN SANITATION DISTRICT
PETITION FOR INCLUSION
1. is/are the fee owner(s)
of one hundred percent of the following-described real property which is capable of being served by the St.
Vrain Sanitation District.
2. The legal description of the property sought to be included under this Petition is as follows:
(Description,or refer to Exhibit)
A COPY OF THE DEED WHEREBY I/WE ACQUIRED TITLE IS ATTACHED HERETO.
IF APPROPRIATE ATTACH SKETCH OF PROPERTY.
3. The above-described property is: [Check One]
o Presently included in
District;or
o Not presently included in any district.
This Petition is accompanied by an initial deposit in the amount of$ for the costs of
• inclusion proceedings incurred by the St.Vrain Sanitation District.
4. The undersigned assent to the inclusion of the above-described property into the St.Vrain Sanitation District
and pray that the Board of Directors of said District grant this Petition after public notice and hearing as
provided by law.
Owner
Address
Owner
Address
The foregoing instrument was acknowledged before me this day of ,200_
by
Witness my hand and official seal.
My commission expires:
Notary Public
• 3
INCLUSION AGREEMENT
• 1. PARTIES.The parties to this Agreement are the ST.VRAIN SANITATION DISTRICT("District")and
("Owner").
2. RECITALS AND PURPOSE.District is a governmental entity formed pursuant to Section 32-1-101 et seq,
C.R.S.,and has established boundaries for various purposes including taxation.District was formed for the
purpose of constructing and operating sanitary sewer facilities in the Del Camino area. Owner owns property
which was not originally included within the District's boundaries and now desires to have the property
included into the District.The purpose of this Agreement is to set forth the terms and conditions of the
inclusion.
3. PROPERTY DESCRIPTION. The property forming the basis of this Agreement is described on Exhibit A
which is attached and incorporated herein by reference.This Agreement is applicable only to the property
described on Exhibit A and is not transferable to other commonly owned property or property which is the
subject of other inclusion proceedings.
4. INCLUSION PROCEEDINGS. Owner has filed a petition for inclusion pursuant to Section 32-1-401,C.R.S.
After notice and public hearing,the petition was granted by District's Board of Directors
,20 subject to certain conditions, including the execution of this Agreement within
sixty days of the approval of the petition.Upon execution by both parties,a motion for entry of an order of
inclusion pursuant to Section 32-1-401(1)(c),C.R.S.,will be filed with the Clerk of the Weld County District
• Court.
5. AGREEMENT AND ACKNOWLEDGMENT.The parties hereby agree and acknowledge as follows:
5.1 Inclusion into the District is final upon entry of the Court Order of Inclusion.
5.2 Pursuant to Section 4.5 of the District's Rules and Regulations,should this inclusion be completed
and recorded after May 1 but prior to December 31,and thereby be exempt from taxation for the
year of inclusion,the Owner shall pay an Inclusion Fee equivalent of the amount of taxes the
District would have received from the property for the then current year based upon the date of the
District's order of inclusion.This Inclusion Fee shall be billed by the District and paid at the same
time and under the same conditions as that years property tax.(i.e.paid the following year, one-
half February 28 and one-half July 31, or full amount April 30).
5.3 Owner acknowledges that inclusion does not guarantee sewer service to the property.Service is
contingent upon compliance with the District's Rules and Regulations,receipt of which Owner
hereby acknowledges,and upon District's available capacity.Owner must separately apply for and
purchase taps.
•
4
5.4 Owner acknowledges that in the event the property is serviced and owner leases the property,in
•
whole or in part,to a third party the property remains ultimately liable for all fees,assessments,
penalties,charges,as well as tax levies,regardless of the terms of the lease or rental agreement.
Pursuant to Section 32-1-1001(1)(j),C.R.S.,until paid,all such amounts owed constitute a lien on
and against the property served,said lien being superior to all other interests including first deeds
of trust.
5.5 Owner acknowledges that upon inclusion,the property becomes subject to all subsequent taxes
and charges of the District and shall be liable for its proportionate share of existing bonded
indebtedness represented by annual tax levy.In the event of future exclusion from the District,the
property shall remain obligated to the same extent as all other property remaining within the
District,but only for that proportion of the outstanding indebtedness,and interest thereon,existing
on the effective date of the exclusion order.
6. DONATION OF EASEMENTS. Owner agrees to donate to the District such easements as may reasonably be
required by the District.The District's engineer shall consult with Owner as to probable locations and
dimensions of anticipated easements. Owner agrees to execute any and all additional documents or
instruments necessary to officiate the purpose of the Agreement.
7. INTEGRATION AND AMENDMENT,This Agreement represents the entire agreement between the parties
and there are no oral or collateral agreements or understandings.This Agreement may be amended only by an
instrument in writing signed by the parties).If any provision of this Agreement is held invalid or
unenforceable,no other provision shall be affected by such holding,and all of the remaining provisions of
• this Agreement shall continue in full force and effect.
8. BINDING EFFECT.This Agreement shall inure to the benefit of,and be binding upon,the parties,and their
respective legal representatives, successors,and assigns;provided,however,that nothing in this paragraph
shall be construed to permit the assignment of this Agreement except as otherwise specifically authorized
herein.
DATED: ,20_
OWNER
DATED: ,20 ST.VRAIN SANITATION DISTRICT
BY:
• 5
St. Vrain Sanitation District
Inclusion Questionnaire
• (Attachment to Petition for Inclusion)
1. Name: Date:
Address: Name of Development(if applicable):
Phone Number:
2. Proposed Inclusion Property Description(Legal Description):
3. Acreage: 4. Present Zoning: 5. Present Land Usage
6. Current Assessed Value:
7. Development Plans on Proposed Inclusion, if any: (Attach Proposed Development Plan)
8. Number of Units: Single Family Multi-Family
• Commercial/Industrial Other(Description)
9. Schedule of Development
SFE's(taps)anticipated: Note: One SEE(single family equivalent)=270 gallons per day
2009: 2010: 2011:
2012: 2013: 2014:
2015: 2016: 2017:
Comments:
10. Assessed valuation upon completion of development plan:
This data will be used for the analysis of growth,planning, and sewer system capacity within the St. Vrain
Sanitation District.
• 6
IV-
St. Vrain
• SANITATION
DISTRICT
Property Owner:
Development(If applicable):
Date:
RE: Petition for Future Inclusion
Pursuant to your request,a Petition for Inclusion into the St.Vrain Sanitation District is enclosed. Please complete
this form, including your notarized signature and attach the following:
1. Check for Fees
Residential Taxable Fee=(A x B x C)/ 1000=D
DxE=F andFx10=G
A-Fair Market Value of Land A=
B-Current Residential Assessment Rate B=
C-3.918Mi1I Levy when inclusion formula was created O=
D-Cost per acre D=
E-#of acres E_
F-Tax for one year F=
G-An incentive fee that is calculated on the past 10 years G=
of taxes that would have been paid to the District.
• Nonresidential Taxable Fee=(A x B x C)/ 1000=D
DxE=FandFx10=G
A-Fair Market Value of Land A=
B-Current nonresidential Assessment Rate B=
C-3.918Mill Levy when inclusion formula was created C=
D-Cost per acre D=
E-#of acres E_
F-Tax for one year F=
G-An incentive fee that is calculated on the past 10 years G=
of taxes that would have been paid to the District.
Base Fee-A+(B x$20)=Base Fee
A- Administration Fee ($1200.00) A=
B- #of acres x$20 B=
Base Fee+Taxable Fee=Inclusion Fee
Base Fee +Taxable Fee =
TOTAL OF FEES DUE WITH THIS PETITION $
Should engineering and administrative time exceed above value, additional charges may be levied.
*Valid for 60 days from form date.
• 1
2. Completed Questionnaire(blank attached).
• 3. Copy of the Deed whereby you acquired Title of said property.
4. Map of property(1:1000 scale or larger)or AutoCAD compatible copy of map file.
5. Copies of the Certificate of Good Standings&Corporation or Limited Partnership Resolutions.
Your attention to detail in completing this petition thoroughly will result in prompt processing by the District.
Return to: St.Vrain Sanitation District,11307 Business Park Circle,Firestone,CO.80504
•
11307 Business Park Circle Firestone,CO 80504
• Phone: (303)776-9570 Fax:(303)-485-1968
2
St. Vrain Sanitation District
Inclusion Questionnaire
•
(Attachment to Petition for Future Inclusion)
1. Name: Date:
Address: Name of Development:
Phone Number:
2. Property Description(Legal Description):
3. Acreage: 4.Present Zoning: 5. Present Land Usage:
6. Current Assessed Value:
7. Number of Units Single Family Multi-Family
Commercial/Industrial Other(Description)
•
Comments:
8. Assessed valuation upon completion of development plan:
• 3
EXHIBIT B
STATE OF COLORADO ) BEFORE 1HP.BOARD OF DIRECTORS OF
•cOUNTY WELD )ss ST.VRAIN SANITATION DISTRICT
PETITION FOR FUTURE INCLUSION
1. is/are the fee owners(s)
of one hundred percent of the following-described real property which is capable of being served by the St.
Vrain Sanitation District(herein,"District")
2. The legal description of the property sought to be included under this Petition is as follows:
(insert legal description,or refer to Exhibit)
3. The above-described property is not presently included in any Sanitation District.
4. This Petition is accompanied by an initial payment in the amount of$ for the
inclusion fee as established by the St.Vrain Sanitation District.
5. The undersigned acknowledges that until the termination of the Intergovernmental Agreement between the
District and the Town of Mead(dated:August 27,2001),such property will be serviced indirectly by the
District providing sanitary sewer service to the Town of Mead,but upon the termination of such
Intergovernmental Agreement,service will be provided directly by the District upon final inclusion of the
property into the District.
• 6. The undersigned,as owners of the property(and on behalf of the owner's successors and assigns)assent to
the inclusion of the above-described property into the District upon termination of that certain
Intergovernmental Agreement between the District and the Town of Mead,and request that the Board of
Directors of said District grant this Petition for Delayed Inclusion after public notice and hearing as provided
by law.
Owner
Address
Owner
Address
The foregoing instrument was acknowledged before me this day of ,20
by
Witness my hand and official seal.
My commission expires:
• Notary Public
4
Richard N. Lyons, II Lyons Gaddis Kahn & Hall
Jeffrey J. Kahn Eve I. Canfield
John W. Gaddis A Professional Corporation C Attorneys and Counselors Scott E. Holwick
Bradley A. Hall Matthew Machado
�teven P.Jeffers Madoline Wallace-Gross
Anton V. Dworak Chad A. Kupper
Adele L. Reester
Daniel F. Bernard Catherine A.Tallerico
Senior Counsel Special Counsel
September 21, 2010 Weld County Planning Department
GREELEY OFFICE
Bruce Barker
Weld County Attorney SEP 2 2?ntn
P. O. y, CORECEIVED
Greeley, O 8O632
Re: St. Vrain Sanitation District
Dear Bruce:
Please consider this letter as a request for the Board of County Commissioners to reconsider its
decision to require the St. Vrain Sanitation District to proceed through the formal service plan
amendment process that is required by state statutes for "material modifications" to previously
adopted service plans.
By way of history, the District was formed in 1985 to provide sanitary sewer service to the Del
Camino and southwestern portions of Weld County along the 1-25 corridor to provide for the public
•
health and general welfare of the inhabitants of that area and of southwestern Weld County. The
original plant was sized to gradually increase up to a capacity of 1.5 million gallons per day (mg/d).
In 2OOO, the District sought permission through special use review to increase its plant capacity to
3.0 mg/d.
By letter dated November 6, 2OOO, your letter to the District's then president stated that the District
would have to comply with various land use permitting requirements but that no service plan
amendment would be needed to increase the plant's capacity to 3.0 mg/d, but that permission
would be needed for the District to operate at a level greater than 1.5 mg/d. In that letter, you
referenced not only the BOCC's approval but also the approvals of the various communities in the
area.
In 2OOO, there were two other sanitation districts along the 1-25 corridor: the Weld County Tri-Area
Sanitation District in Frederick, and the Dacono Sanitation District. In 2OO8, both districts dissolved
and their respective former territories were included into the St. Vrain Sanitation District after a
series of public hearings and an election on the issues. These inclusions immediately doubled St.
Vrain Sanitation District's customer base. The Tri-Area treatment plant was decommissioned and
closed in 2O1O. Thus, St. Vrain's treatment plant's flow nearly doubled upon connection of the new
trunk lines into the Frederick/Dacono area.
Pursuant to state health requirements, whenever a treatment plant reaches 8O% of capacity, the
operating entity must commence planning for expansion. When treatment reaches 9O% of capacity,
the entity must be ready to proceed with construction. Currently, the District's treatment plant is at
86% capacity.
• 515 Kimbark Street • Second Floor • P.O. Box 978 • Longmont, CO 80502-0978
Phone: 303-776-9900 • Fax: 303-776-9100 www.lgkhlaw.com
Lyons Gaddis Kahn & Hall
A Professional Corporation �� Attorneys and Counselors
Bruce Barker
• September 21, 2010
Page 2
The District's proposed plant expansion will consist of the installation of state of the art oxidation
ditches (deep ditches in a racetrack configuration which moves water through the ditches by paddle
drums and utilizing pressurized oxygen). This new technology allows for more efficient
biodegradation in a smaller footprint.
The proposed plant expansion will occur within the existing plant's established and permitted site.
Thus no new special use permit is required as determined by Mr. Jiricek. In addition, Mr. Jiricek's
staff has determined that no revision to the flood plain map is required.
The plant expansion is consistent with the District's Master Utility Plan which was submitted and
approved by Weld County in May, 2010 in conjunction with the statutorily required site application
permitting process.
Thus, all land use requirements are met without the need for service plan amendment. The only
action needed would be the approval of the treatment capacity for regional planning purposes.
However, with the dissolution and inclusion of the neighboring districts, this regional planning
process has already occurred through the voters' approval of dissolution/inclusion with the consent
of the affected municipalities.
If a formal service plan amendment process is required, Section 32-1-207, C.R.S., explains that the
process for such amendment is the same as that required for initial service plan approval. Thus, it
• would entail a public hearing before the Planning Commission to be held within 30 days of submittal,
and another public hearing before the BOCC. This latter hearing requires the District to mail a letter
notice to each property owner in the District informing them of the date/time/place and purpose of
the hearing. (Section 32-1-204(1.5),C.R.S.) The District estimates that the cost and expense of
mailing, plus the costs of newspaper publications for the two meetings, would be around
$10,000.00, not including the County's filing fee of$250. In addition, the District would be required
to incur the costs of its consultants preparing for and attending these hearings to explain the
capacity issues. All together, these costs and expenses could exceed $15,000.00.
On behalf of the District, we request that the BOCC allow the statutory alternative of notice and
objection. Section 32-1-207(2), C.R.S., explains that service plan amendment is required "only with
regard to changes of a basic or essential nature" and then gives examples such as adding additional
services not provided for in the service plan (e.g., a fire district adding ambulance service, or a
sanitation district adding storm water drainage services), or decreasing the level of services that
were previously authorized, or a decrease in the financial ability of that district to discharge its
indebtedness, etc.
Section 32-1-207(2), C.R.S., then unequivocally states that "approval for modification shall not be
required for changes necessary only for the execution of the original service plan."
Because the District's authorized mission is to provide sanitary sewer services in southwest Weld
County, it is our position that this increase in capacity of the plant due to growth and the
incorporation of the Tri-Town areas is a change that falls squarely within that statutory language of
being a change necessary only for the execution of the original service plan.
•
Lyons Gaddis Kahn 6. Hall
A Professional Corporation '� Attorneys and Counselors
Bruce Barker
• September 21, 2010
Page 3
However, if the County believes that this could be a material modification of the approved service
plan, Section 32-1-207(3)(b), C.R.S., provides that the District may publish notice of its intended
action (plant expansion) to undertake such activity. Any interested party, any municipality within the
District, or the County may seek to enjoin such activity within 45 days of publication of the notice of
such intended action. This section also requires the District to specifically give notice to the County
and to the Weld County District Court. After 45 days, if no action is filed to enjoin such activity, then
the activity is deemed to not be a material modification.
Thus, the District would request that the BOCC reconsider the requirement to proceed through
service plan amendment process simply to change the plant capacity number "for the record" and
instead allow the District to publish the required notice of intended action to see if any objector
comes forward.
Please give me a call if you have any questions on this request or the proposed procedure.
Very truly yours,
LY GADD K & HALL, PC
By 6
• Richard N ns, II
rivons@Ig law.com
cc:St. Vrain Sanitation District
Trevor Jiricek
•
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