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Home My WebLink About20072624.tiff HEARING CERTIFICATION RE: CONSIDER CONSOLIDATED SERVICE PLAN FOR PROPOSED WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NOS. 1, 2, AND 3 A public hearing was conducted on August 29, 2007, at 9:00 a.m., with the following present: Commissioner David E. Long, Chair- EXCUSED Commissioner William H. Jerke, Pro-Tem Commissioner William F. Garcia Commissioner Robert D. Masden - EXCUSED Commissioner Douglas Rademacher Also present: Acting Clerk to the Board, Elizabeth Strong County Attorney, Bruce Barker Director of Finance and Administration, Donald D. Warden Planning Department representative, Kim Ogle The following business was transacted: I hereby certify that pursuant to a notice dated July 6, 2007, a public hearing was conducted on August 8, 2007, at which time the matter was continued to allow adequate time for proper publication. Pursuant to a notice dated August 1, 2007,and duly published August 8, 2007, in the Fort Lupton Press,a public hearing was conducted on August 29,2007,to consider the proposed Consolidated Service Plan for the Waterfront at Foster Lake Metropolitan District Nos. 1,2,and 3. Bruce Barker, County Attorney, made this a matter of record. Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and entered the favorable recommendation of the Planning Commission into the record as written. He stated the applicant has shown compliance with the Weld County Code. Chair Pro-Tem Jerke stated since there are only three commissioners the applicant may not wish to present the matter today. Mr. Barker advised the applicant that they have the option of continuing this matter to a date when the full Board will be present. However, if they decide to proceed today, it will require three affirmative votes, or the matter will be deemed denied. Norman (Rick) Kron, Meritas Law Firms Worldwide, stated it has been discussed, and the applicants would like to proceed at this time. Mr.Kron stated the staff report presented by Mr.Ogle was comprehensive of the general project plan. He stated the one major question which needs resolved is the possibility of annexation to the Town of Mead. He explained discussions will continue with the Town of Mead,and there is a meeting scheduled with the Mayor;however approval of the District is a separate issue from the annexation issue. He further explained the District is being proposed in orderto finance and operate public improvements needed by the development,and the development will need these improvements whether it is annexed or not. He stated if approved today,the next steps will be to create and distribute a petition for signatures,another round of public notice,and another hearing before the District Court. He stated,if approved,an election will be held in November,and lastly the District Courtwould provide an orderto create the District. In response to Commissioner Rademacher, Mr. Kron stated the development is not an enclave; it is not surrounded on the south. Responding to Commissioner Rademacher, Linda Sweetman-King, 2007-2624 SD0132 OAP: PLC (4- N- 1V-a7 HEARING CERTIFICATION - CONSOLIDATED SERVICE PLAN FOR PROPOSED WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NOS. 1, 2, AND 3 PAGE 2 TerraVision, stated there was confusion earlier since the Colorado Oil and Gas Conservation Commission thought of this as a land use matter and not a Metropolitan District issue. Ms. Sweetman-King, stated the applicants have entered into a Letter of Understanding with Kerr-McGee,and paid the Company in order to be able to perform directional drilling. She stated she is currently working on surface use and pipe relocation agreements with Kerr-McGee,as well. In response to Commissioner Rademacher, Ms. Sweetman-King stated both the Saint Vrain Sanitation District and the Longs Peak Water District have approved Resolutions for the overlapping Districts;however the development cannot technically enter into the Intergovernmental Agreement until formed as a Metropolitan District. Mr. Kron stated the Resolution has not technically been approved for the overlapping Districts by Longs Peak;however,it will be done at the next meeting. In response to Mr. Barker, Ms. Sweetman-King stated the next meeting will occur within 30 days. In response to Commissioner Rademacher, Mr. Barker stated it should not be a problem since Longs Peak has agreed to the agreement in principle, and the agreement only needs signed. In response to Chair Pro-Tem Jerke, Mr. Barker stated the Resolution should sufficiently cover this matter,since it specifies in provision#4-A that agreements with Longs Peak and Saint Vrain must be completed. Mr. Barker stated he would like to hear financial testimony so it is on the record. Michael Lund,Piper Jaffrey,stated he prepared the financial models,which were included with the Service Plan,and he believes the models are consistent with other districts of this size. Mr. Barker stated the Service Plan, as written, complies with the County procedures and policies. No public testimony was offered concerning this matter. Commissioner Garcia moved to approve the Proposed Consolidated Service Plan for Waterfront at Foster Lake Metropolitan District Nos.1,2,and 3,based on the recommendations of the Planning staff and the Planning Commission. The motion was seconded by Commissioner Rademacher, and it carried unanimously. There being no further discussion, the hearing was completed at 10:10 a.m. 2007-2624 SD0132 HEARING CERTIFICATION - CONSOLIDATED SERVICE PLAN FOR PROPOSED WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NOS. 1, 2, AND 3 PAGE 3 This Certification was approved on the 5 th day of September, 2007. �fq E es. APPROVED: I WW wir+ ' :OARD OF COUNTY COMMISSIONERS Nnr 1 g, ( � t♦; ELD COUNTY, COLORADO wcFzarl it / '. fir• 1 XCUSED ATTEST: ��r i'f*' s�i � `I David E. Long, Chair Weld County Clerk to the Bo'% i.„ ilsoror I IOLA (1171C, Willis H e e, Pro-Tem BY: De y Cler to the Board illiam F. Garcia TAPE #2007-26 EXCUSED Robert D. Masden 0 ouglas ademacher 2007-2624 SD0132 EXHIBIT INVENTORY CONTROL SHEET SPECIAL DISTRICT, SD0132 - WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICTS NOS. 1, 2, AND 3 Exhibit Submitted By Exhibit Description A. Planning Staff Inventory of Items Submitted B. Planning Commission Resolution of Recommendation C. Planning Commission Summary of Hearing (Minutes 07/17/2007) D. Clerk to the Board Notice of Hearing (Filed under Legals), (generated by Grimshaw& Harring, P.C.) E. Applicant Draft Election Questions for Districts Nos. 1, 2, and 3, dated 07/25/2007 F. Clerk to the Board E-mail correspondence with Applicant re: Legal Notification, dated 07/27/2007 G. Clerk to the Board E-mail correspondence with Applicant re: Legal Notification, dated 08/01/2007 H. Clerk to the Board E-mail from Applicant re: Request for Continuance and Draft Resolution, dated 08/01/2007 Clerk to the Board E-mail from County Attorney re: Draft Resolution, dated 08/09/2007 J. Applicant Draft IGA Agreement with St. Vrain Sanitation District K. Applicant Draft IGA Agreement with Longs Peak Water District L. Applicant Resolution from St. Vrain Sanitation District M. N MERITAS LAW FIRMS WORLDWIDE a NORMAN F. (RICK) KRON ATTORNEY AT LAW P. Q _ GRIMSHAW&HARRING,P.C. 1700 LINCOLN STREET,SUITE 3800 DIRECT DIAL DENVER,COLORADO 80203-4538 (303)839-3704 TELEPHONE(303)839-3800 FAX(303)839-3838 E-MAIL:RIC.KKRONCC.RIMSHAWHARRINILCOM Hello