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Home My WebLink About20011914.tiff HEARING CERTIFICATION DOCKET NO. 2001-45 RE: REQUEST FOR APPROVAL OF AMENDMENT TO ST. VRAIN SANITATION DISTRICT SERVICE PLAN, INCLUDING A BOUNDARY CHANGE A public hearing was conducted on July 25, 2001, at 10:00 a.m., with the following present: Commissioner M. J. Geile, Chair Commissioner Glenn Vaad, Pro-Tern Commissioner William Jerke Commissioner David Long Commissioner Robert Masden Also present: Acting Clerk to the Board, Esther Gesick Assistant County Attorney, Lee Morrison Planning Department representative, Monica Mika The following business was transacted: I hereby certify that pursuant to a notice dated June 28, 2001, and duly published July 4, 11, and 18, 2001, in the Tri-Town Farmer and Miner, a public hearing was conducted to consider the request of St. Vrain Sanitation District for approval of an amendment to the St. Vrain Sanitation District Service Plan, including a boundary change. Bruce Barker, County Attorney, made this a matter of record and explained the amendment will include some areas, while excluding others, increase the capacity from 1.5 million gallons per day (mgd) to 4.5 mgd, and eliminate the requirement of a metropolitan district. Chair Geile advised the applicant's representative, Lee Lawson, that he has the option of continuing this matter to a date when the full board will be present. However, if he decides to proceed today, it will require three affirmative votes, or in the case of a tie vote, Commissioner Jerke will listen to the record and make the determining vote. Mr. Lawson indicated he would like to proceed today. Mr. Lawson stated Mark Peterson is the current manager, and he gave a brief summary of the previous district amendments and changes, as well as how the collection process works. He stated the District population has not yet reached 5,000, and several municipalities have annexed into the area which makes the Weld County portion significantly smaller. Mr. Lawson explained although the requirement for a metropolitan district has been removed,they now deal with the road impact fees, and he added the capacity needs to be expanded to meet the demands of the growing population in the area. He stated the plan proposes three cells,each with 1.5 mgd capacity for a total of 4.5 mgd throughout the entire district. Mr. Lawson stated if the District converts to an activated sludge process, a Special Review Permit will be required. He further stated they intend to keep the Area Wide Clean Water and Title 32 areas compatible. The areas to be excluded would be difficult to service and would require pumps, and the areas to be included will be easily serviced through gravity. In response to Commissioner Vaad, Mr. Lawson stated they have removed Section D of the application materials,and he added the Tri-Area is not a part of the natural drainage areas. Responding to Chair Geile, Mr. Lawson stated the Sanitation District does have an Intergovernmental Agreement with the Town of Mead, and explained some of the areas covered under the Agreement will still remain in the service boundary and plan. He 2001-1914 SD0006 e � fo1/ f HEARING CERTIFICATION - ST. VRAIN SANITATION DISTRICT PAGE 2 stated those areas will remain as part of the district for 15 years and then revert to the Town of Mead for services. Mr. Lawson further stated they have also been working on an Intergovernmental Agreement with the City of Dacono for the area located south of Highway 52 and the service area will be determined by the topography. He stated the Sherwood Property has petitioned for inclusion in the District, and indicated various issues will need to be addressed while considering an Intergovernmental Agreement with the City of Longmont. In response to Commissioner Vaad, Mr. Lawson referred to an oversized map, marked Exhibit M, and stated the yellow areas will be excluded, the pink areas are to be included, the grey indicates area in the service boundary, and the green indicates the actual area included in the Sanitation District. He stated the yellow area to the north is difficult to serve and if Mead does not provide service, the properties there will have to use septic. Responding to Commissioner Vaad, Mr. Barker stated the June 20, 2001, letter from the City of Longmont, marked Exhibit E, is somewhat confusing as to the capacity it feels is necessary. Mr. Lawson stated many of the questions from the City of Longmont are addressed in their Engineering Report, which was not included as part of the application. Responding further to Commissioner Vaad, Mr. Lawson stated the Sanitation District is permitted to discharge in to the St. Vrain River, as are many other service areas. In response to Chair Geile, Mr. Lawson stated they work with other sanitation districts to provide connectivity when reasonable. He reviewed the area to be served through an Intergovernmental Agreement with the Town of Mead, and adding this is an exclusion, so they will not be encroaching on areas of interest to Mead. Responding to comments from the City of Longmont, Mr. Lawson stated the area surrounding the Union Reservoir is difficult to service; however, it has not been annexed. Commissioner Vaad stated it is an unreasonable request to exclude that area out of the district because it would then receive no service at all. John Candy represented the owners of KNC RV and Zeek Partnership. He stated his clients own property located in the area to be excluded near the Town of Mead. He stated the Sanitation District does not have the Statutory authority to exclude the area because there would be no other service alternatives. He stated the St.Vrain Sanitation District initially welcomed their property into the service boundary, being fully aware that a lift station would be required to service the property. He stated his clients built a collection system with the understanding that services would one day be provided and now they are being excluded resulting in a large financial loss. Mr. Candy stated his clients property is under development and the plat was approved allowing the use of septic systems; however, they would like to remain in the district and use the sanitation service in the future. In response to Commissioner Vaad, Mr. Candy stated his clients property is not included under the Intergovernmental Agreement between the Town of Mead and the St. Vrain Sanitation District,and now they are attempting to exclude them from the district because service to their site will require a lift station. He stated it is very unlikely the site will be annexed by Mead, as the Town cannot provide services. There being no further comments, Chair Geile closed public testimony. Monica Mika, Department of Planning Services,requested the Board clarify whether it agrees with excluding the properties requested by the City of Longmont, as well as those cited by Mr. Barker. Mr. Lawson stated the properties represented by Mr. Candy have never been a part of the Sanitation District, although they are located within the service area. He stated the Town of Mead will need to extend a sewer main from Weld County Road 32 to Weld County Road 34, and will need to bore under 1-25; however, they will one day service the area when sufficient funds are available to make the upgrade to the system. In response to Chair Geile, Mr. Lawson stated he anticipates agreements will be in place prior to attending the meeting of the North Front Range 2001-1914 SD0006 HEARING CERTIFICATION - ST. VRAIN SANITATION DISTRICT PAGE 3 Water Quality Board. He added the District is also considering serving the areas adjacent to the pink areas shown for inclusion, and explained the boundary lines are generalized rather than absolute. Mr. Barker explained a boundary change will not require approval of a new Service Plan by the Board; however, corrected maps will be provided. In response to Commissioner Vaad, Mr. Barker stated he does not believe the property owners have the right to force service from the Sanitation District. Commissioner Vaad commented the dispute over service to the KNC RV and Zeek properties may result in court litigation. Mr. Barker added not every area of Weld County is included in a service area, and sanitation services are not a property right. (Switched to Tape #2001-32.) Following discussion, Commissioner Vaad moved to approve the request of St. Vrain Sanitation District for approval of an amendment to the St. Vrain Sanitation District Service Plan, including a boundary change, based on the recommendations of the Planning staff and the Planning Commission. The motion was seconded by Commissioner Masden. Commissioner Vaad stated there is not enough information at this time to address the issues proposed by the City of Longmont;therefore,the legal description cited in the Draft Resolution should not be altered at this time. Chair Geile agreed and stated there should be negotiations between the St.Vrain Sanitation District and the City of Longmont before any formal action is taken. The motion carried unanimously. This Certification was approved on the 30th day of July 2001. APPROVED: BOARD OF COUNTY COMMISSIONERS %)._�® WELD CO TY, COLORADO ATTEST: "mil ' � 1'� � 261.e../ M. J. '%�el�ile, Chair Weld County Clerk to t1 - . a� � �� !e Glenn Vaad, Pro-T BY: . Deputy Clerk to the �� N \ I' EXCUSED Will S TAPE #2001-31 cji vid E. DOCKET#2001-45 ,11�, Robert D. Masden 2001-1914 SD0006 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 25TH DAY OF JULY, 2001: DOCKET#2001-42 - BRIAN AND KATHY WILLIAMSON DOCKET#2001-50- HALL-IRWIN CORPORATION, C/O ROCKY MOUNTAIN CONSULTANTS DOCKET#2001-45- ST. VRAIN SANITATION DISTRICT PLEASE legibly write or print your name and complete address and the DOCKET# (as listed above)or the name of the applicant of the hearing you are attending. NAME AND ADDRESS(Please include City and Zip Code)DOCKET#OF HEARING ATTENDING 1:49,i Att. ilzearntal 7157 l*AO)I d1 fLi�i)044. ,�o591/ 749/-`/Z /4►ev Ttr .son} 136 (nfetvAt l�a»y�[sri+ C[©✓torn Zobl-41S et 1 Au1Sn l �36 Co (.E#ua /sl 5�KA'^f 8050/ ZcYJ/ -y� MJ d��2 &5 DEcrA LAPP c N�a/�uT I P�na0 I i -so Cas`e� 3c9at (4 A ,e LIWPL. a / coo sG. •� h,vr 'a c, 88D c5dc/a6p/� f/ J c4aePK, On ire Y3j 0141. Mu. Tr /3/3 ✓u 6Z-a e " /ur &i.:/d jM /Aril° /�-• `D, zoo/- EXHIBIT INVENTORY CONTROL SHEET Case -ST. VRAIN SANITATION DISTRICT Exhibit Submitted By Exhibit Description A. Planning Staff Inventory of Item Submitted B. Planning Commission Resolution of Recommendation C. Planning Commission Summary of Hearing (Minutes 06/19/2001) D. Clerk to the Board Notice of Hearing E. City of Longmont Comments (06/20/2001) F. North Front Range Water Quality Water Quality Association Letter of Support (06/18/2001) G. CDOT Referral (06/14/2001) H. School District RE-1 Referral (06/13/2001) I. Planning Staff Letter of Notice (06/28/2001) J. Applicant Letter re: Stormwater Management K. Planning Staff Referral from Town of Mead (07/16/2001) L. Planning Staff Overhead - St. Vrain Sanitation District Title 32 Service Area Map M. Applicant Oversized Map of District Changes N. O. P. Q. R. S. T. U. V. Hello