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Home My WebLink AboutAUG 2000 - DEC 2002Resolutions for 2000 wV 00-01 Resolution finding compliance for annexation known as Wendy's annex 00-02 Resolution finding compliance for annexation known as the Neighbor's Annexation 00-03 Resolution designating the place for posting meetings of the Board of Trustee's 00-04 Resolution approving application for temporary use permit from Northern Colorado Water Conservancy District 00-05 Resolution approving regulations for development projects within the town 00-06 Resolution authorizing retro retirement pay and a "COLA" increase for the Year 2000 Budget 00-07 Resolution approving an application for a temporary use permit from the Northern Colorado Water Conservancy District 00-08 Resolution approving an application for a temporary use permit from the Northern Colorado Water Conservancy District 00-09 Resolution approving an application for a temporary use permit from the Northern Colorado Water Conservancy District 00-10 Resolution approving an application for a temporary use permit from the Northern Colorado Water Conservancy District 00-11 Resolution finding compliance for an annexation petition known as the Neighbor's Annexation 00-12 Resolution concerning a petition for annexation of property known as the Wendy's-Annexation 00-13 Resolution amending resolution no. 99-37 concerning the final subdivision plat and final development plan for Ridge Crest subdivision 00-14 Resolution concerning petitions for annexation of property known as the Shaw Annexation 00-15 Resolution supporting the Census 2000 effort 00-16 Resolution calling a special meeting of the Board of Trustees for the purpose of ordering and fixing a date for a recall election 00-17 Resolution approving an application for the renewal of temporary use permits from the Northern Colorado Water Conservancy District 00-18 Resolution approving an application for the renewal of temporary use permits from the Northern Colorado Water Conservancy District 00-19 Resolution delegating to the Town Clerk the authority and responsibility to appoint judges of election 00-20 Resolution approving an application for a temporary use permit from the Northern Colorado Water Conservancy District 00-21 Resolution approving an application for a temporary use permit from the Northern Colorado Water Conservancy District 00-22 Resolution approving an application for a temporary use permit from the Northern Colorado Water Conservancy District 00-23 Resolution approving a preliminary subdivision plat for Oak Meadows P.U.D. 00-24 Resolution approving a final subdivision plat and final development plan for Booth Farms, first filing 00-25 Resolution approving an application for a temporary use permit from the Northern Colorado Water Conservancy District 00-26 Resolution approving a final subdivision plat for Firestone Safeway, final development plan, and development plan for lots 4, 5, and 6, Firestone Safeway subdivision and shopping center 00-27 Resolution approving an application for a temporary use permit from the Northern Colorado Water Conservancy District 00-28 Resolution approving an application for a temporary use permit from the Northern Colorado Water Conservancy District 00-29 Resolution approving an application for a temporary use permit from the Northern Colorado Water Conservancy District 00-30 Resolution approving applications for temporary use permits from the Northern Colorado Water Conservancy District 00-31 Resolution authorizing the issuance of building permits for Del Rey Subdivision (area 4) and setting permit fees 00-32 Resolution authorizing the Board of Directors of the Fire and Police Pension Association to modify the pension benefits and the age and service requirements for pension benefits 00-33 Resolution approving a final development plan amendment for the Del Camino Junction Business Park P.U.D. 00-34 Resolution approving a final development plan for the Firestone Maintenance Facility 00-35 Resolution concerning two (2) annexation petitions known as the Brooks Farms Annexation 00-36 Resolution concerning an annexation petition known as the Mountain Shadows Annexation 00-37 Resolution concerning two (2) annexation petitions known as the Brooks Farms Annexation 00-38 Resolution expressing the support of the Town of Firestone for the Weld County Land Preservation Program 00-39 Resolution approving and adopting a revised form of development cost agreement and funds deposit agreement 00-40 Resolution approving a final development plan for an office building in Del Camino Junction Business Park P.U.D. 00-41 Resolution approving a final subdivision plat and final development plan for St. Vrain Ranch Subdivision, filing Ill. 00-42 Resolution concerning a petition for the annexation of property to the Town of Firestone, Colorado, known as the Mountain Shadows Annexation 00-43 Resolution approving and adopting amendments to the Firestone Development Regulations regarding the submittal of development applications 00-44 Resolution approving a recission agreement between the Town of Firestone and the New Coal Ridge Ditch Company 00-45 Resolution approving a lease agreement between the Town of Firestone and Tri-Area Ambulance District 00-46 Resolution approving a final development plan amendment for the Saddleback Golf Club 00-47 Resolution concerning two (2) annexation petitions known as the Brooks Farms Annexation 00-48 Resolution setting forth the circumstances under which the Town Hall can be used for purposes other than Town Board meetings 00-49 Resolution confirming the continued commitment to the completion and implementation of the St. Vrain Valley open lands and trails master plan 00-50 Resolution approving a special use permit for HS Resources, Inc. to locate oil & gas wells within the Town of Firestone 00-51 Resolution concerning an annexation petition known as the Neighbors Annexation 00-52 Resolution approving a minor subdivision plat for the Dollaghan P.U.D., Phase III 00-53 Resolution approving a special use permit for HS Resources, Inc. to locate gas well within the Town of Firestone 00-54 Resolution approving a final subdivision plat and development plan for St. Vrain Ranch subdivision, filing V 00-55 Resolution approving a preliminary subdivision plat, final plat, and final development plan for Firestone Villas subdivision 00-56 Resolution concerning two (2) annexation petitions filed with the Town of Firestone known as the Brooks Farms Annexation 00-57 Resolution approving a final development plan amendment for Phillips 66, located within the Ram Land Annexation property 00-58 Resolution approving a preliminary subdivision plat for the Overlook at Firestone' 00-59 Resolution concerning a petition for the annexation of property to the Town of Firestone, Colorado, known as the Neighbors annexation 00-60 Resolution repealing resolution no. 00-43 regarding the submittal of development applications 00-61 Resolution to adopt budget 00-62 Resolution to set mill levies 00-63 Resolution establishing salaries of officers and appointees of the Town of Firestone 00-64nfe-�-esolu�trsn �rc�,cn '�lmof Svl�l�utston �or`fhe 00-65 Resolution accepting the dedication of a 27-acre tract of land within the phase III of the Dollaghan P.U.D. 00-66 Resolution approving final subdivision plats and development plans for Monarch Estates subdivision, first and second filings 00-67 �r _ :� fi4.e— 45olur ion c,,ff rovrn a y� mor suloA vision k `�� ►� C-x� n+ ISCAers fY1 or S�lr tut�ioc� 00-68 Resolution calling a special election 00-69 Resolution regarding the setting of a title for a proposed ballot issue initiated by petition Resolutions for 2001 Res. # Description Date Adopted 01-01 Designating Posting Places for Public Hearings 1/11/2001 01-02 Include all of Firestone in 80520 zip code 1/11/2001 01-03 Patina Oil & Gas Special Use Permits 1/25/2001 01-04 Safeway Fueling Facility, FDP 1/25/2001 01-05 Brooks Farms Annexation 1/25/2001 01-06 Annexation Ballot Question Vote 1/25/2001 01-07 Advisory Ballot Questions Vote 1/25/2001 01-08 Del Camino Junction Business Park Minor Plat 2/8/2001 01-09 Appoint Election Judges 2/22/2001 01-10 Northern CO Water Cons. Dist. Renewal of Tempos 2/22/2001 01-11 l3cx4t� Mum-, ilUA - F P(c,t 4 Fi�P 01-12 Baata Oil Inc. Special Use Permit 3/8/2001 01-13 Urging to vote against Ballot Question 1 3/8/2001 01-14 Oak Meadows PUD Filing 2, Final Plat, & FDP 3/22/2001 01-15 Water Rates and Charges 3/22/2001 01-16 Town Credit Card Use Policy 4/12/2001 01-17 Electronic Communications Policies & Procedures 4/26/2001 01-18 Overlook, Final Plat & Amended FDP 5/10/2001 01-19 Patina Oil & Gas Special Use Permits 5/24/2001 01-20 Mountain Shadows, Preliminary Plat & PDP 5/24/2001 01-21 Best Western Inns & Suites Hotel, FDP 6/14/2001 01-22 H.S. Resources, Inc. Special Use Permit 6/25/2001 01-23 Firestone Trail Annexation 6/25/2001 01-24 Special Election 7/12/2001 01-25 Waste Collection Service Charge 7/12/2001 01-26 Brooks Farms Minor Plat 7/26/2001 01-27 St Vrain Ranch Preliminary & Final Plans & Plats 7/26/2001 01-28 Weld Co Clerk & Recorder Intergovernmental Agree 8/9/2001 01-29 Maintaining Records of Executive Sessions 8/9/2001 01-30 Del Camino East Metro Dist 8/23/2001 01-31 Second Amended Development Regs. 8/23/2001 Resolutions for 2001 Res. # Description Date Adopted 01-32 Vogl Annexation 9/13/2001 01-33 Patina Oil & Gas Special Use Permits 9/27/2001 01-34 Sagebrush, Preliminary Plat & PDP 01-35 Monarch Estates, Amended Final Plat & FDP 01-36 C.R.S. 29-1-204.2 Creation of SW Weld Drainage E 01-37 Vogl Annexation 01-38 St Vrain Valley School Dist. Bond Issue 01-39 Eagle Crest PUD Community Center, FDP 01-40 Police Dept. Policy & Procedure 01-41 Adopting the Budget 01-42 Set Mill Levies 01-43 Manufactured Home Installation Inspection Progran 9/27/2001 10/11 /2001 10/11 /2001 10/25/2001 10/25/2001 11 /29/2001 11 /29/2001 12/13/2001 12/13/2001 12/20/2001 INDEX OF FIRESTONE RESOLUTIONS 2002 Res. # Description Date Adopted 00-02 Setting Salaries for 2002 01/10/02 02-01 Designated Posting Places 01/10102 02-02 High Plains at Booth Farms, Filing 1, Final Plat Approval 05/09/02 02-03 Administrator Agreement/Trudy L. Peterson 01/24/02 02-04 IGA for Creation of Southwest Weld Drainage Authority 02/14/02 02-05 Assessment Approval at 441 McClure Avenue 02/14/02 02-06 Almo Annexation/ Finding Substantial Compliance 02/14/02 02-07 Farnsworth Annexation/Finding Substantial Compliance 02/14/02 02-08 Timing of Transfers of Raw Water to the Town 02/14/02 02-09 Amendment to the Firestone Development Regulations for 02/28/02 Certain Utility Uses Associated with Town -Designated Activities of State Interest 02-09A Water Rates and Charges for the Town of Firestone 03/14/02 02-10 Town Clerk to Appoint Election Judges 03/14/02 02-11 Almo Annexation/Eligible for Annexation 03/28/02 02-12 Farnsworth Annexation/Eligible for Annexation 03/28/02 02-13 Dedication of Conservation Easement Approval & Authorization 04111/02 02-14 Firestone & Tri Area Ambulance District Lease Agreement 04/11102 02-15 Designating Appointment to the Southwest Weld Drainage 04/25/02 Authority Board of Directors 02-16 Carbon Valley Recreation District Bond Issue Support 05102/02 02-17 Grant Contract Between Firestone & State of Colorado 06/09/02 Dept of Local Affairs for Partial Funding of Improvements to Firestone Boulevard (WCR 24) 02-18 Patina Oil & Gas Corporation Special Use Permit 05/23/02 02-19 Fire & Police Pension Association Statewide Defined Benefit 05123102 Plan Amendments 02-20 AT&T Comcast Corporation Franchise and Transfer of Control 05/23/02 02-21 Personnel Policies Amendments 06113/02 02-22 Appointment of Alternate to the Southwest Weld Drainage 06/13/02 Authority Board of Directors 02-23 TST Agreements for Consulting Engineers for Construction 06/13/02 Management and Const. Staking Services for Firestone Boulevard Improvements District 02-24 Building Permit Fees Establishment 06/13/02 02-25 Building Inspection Services Between CIA & Firestone 06/13/02 02-26 Mountain Shadows Filing 1 and 2 Final Approval for Subdivision 06/27/02 and Development Plans 02-27 TST, Inc. Consulting Engineer Agreement Approval 06/27/02 02-28 Saddleback Preliminary Plat and Preliminary Development Plan 07/26/02 Approval 08/22/00 14:31 FAX 3032981627 GRIFFITHS TANOUE & LIGHT -+ FIRESTONE lih 003 RESOLUTION NO.00-- 4�^ A RESOLUTION CONCERNING A PETITION FOR THE ANNEXATION OF PROPERTY TO THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE MOUNTAIN SHADOWS ANNEXATION TO THE TOWN OF FIRESTONE, AND FINDING THE AREA PROPOSED TO BE ANNEXED ELIGIBLE FOR ANNEXATION. WHEREAS, a petition for annexation of property described in Exhibit A attached hereto, to be known as the Mountain Shadows Annexation to the Town of Firestone, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to state law, the Town Board has held a hearing and desires to adopt by Resolution its findings in regard to the petition and eligibility for annexation. NOW, THEREFORE, BE 1T RESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Town Board finds and concludes that: 1. It is desirable and necessary that the territory described in Exhibit A attached hereto and incorporated herein be annexed to the Town of Firestone. 2. The requirements of Sections 31-12-104 and 31-12-105, C.R.S., as amended, exist or have been met, including; a. Not less than one -sixth of the perimeter of the area proposed to be annexed is contiguous with the Town of Firestone. b. A community of interest exists between the area proposed to be annexed and the Town of Firestone. C. The area proposed to be annexed is urban or will be urbanized in the near future. d. The area proposed to be annexed is integrated with or is capable of being integrated with the Town of Firestone. e. No land within the boundary of, the territory proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, has been divided into separate parts or parcels without the written consent of the 08/22/00 14:31 FAX 3032981627 GRIFFITHS TANOUE & LIGHT � FIRESTONE Q004 landowner or landowners thereof, unless such tracts or parcels were separated by a dedicated street, road, or other public way. £ No land within the boundary of the area proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, comprising twenty acres or more, and which, together with the buildings and improvements situated thereon, has an assessed value in excess of two hundred thousand dollars ($200,000.00) for ad valorem tax purposes for the year next preceding the annexation, has been included within the area proposed to be annexed without the written consent of the landowners. g. No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality. h. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district, i. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the Town of Firestone more than three miles in any direction from any point of the boundary of the Town of Firestone in any one year. The territory proposed to be annexed is comprised of 122.2 acres, more or less. k. A plan is in place, pursuant to Section 31-12-105(1)(e), C.R.S. 1. Any portion of a platted street or alley to be annexed will result in the entire width of the street or alley having been included within and made a part of the Town of Firestone and reasonable access will not be denied to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the Town of Firestone but is not bounded on both sides by the Town of Firestone. 3. Four copies of an annexation map of the area proposed to be annexed have been submitted to the Town Board and are on file with the Town. 4. Upon the annexation ordinance becoming effective, all land within the area proposed to be annexed will become subject to all ordinances, resolutions, rules, and regulations of the Town of Firestone, except that general property taxes of the Town of Firestone, if applicable, shall become effective as of the January 1 next ensuing. 2 08/22/00 14:32 FAX'3032981627 GRIFFITHS TANOUE & LIGHT 4 FIRESTONE Q 005 5. No election for annexation of the area proposed to be annexed has been held in the preceding twelve months, and no election is required under Section 31-12-107(2) or -112, C.R.S. d. No additional terms and conditions are to be imposed other than those set forth in the annexation petition or otherwise agreed to by all owners. 7. The landowners of one hundred percent (100%) of the areas proposed to be annexed signed the petition requesting annexation, in compliance with Article II, Section 30 of the Colorado Constitution and Section 31-12-107(1), C.R.S. Section 2. The Town Board concludes that all statutory requirements have been met, that the proposed annexation is proper under the laws of the State of Colorado and the area proposed to be annexed is eligible for annexation to the Town. The Town Board, acting in its legislative capacity and pursuant to authority granted to it by state law, may adopt one or more ordinances annexing the subject property to the Town of Firestone. �h INTRODUCED, READ, and ADOPTED this �'� day of , 2000. �Sz ENE Rick Patterson k�Qk'pW N Mayor ATTEST: Cheri Andersen Town Clerk 08/22/00 14:32 FAX 3032981627 GRIFFITHS TANOUE & LIGHT a FIRESTONE 006 EXHIBIT A - LEGAL DESCRIPTION: A parcel of land located in the Southeast Quarter (SE1/4) of Section One (1), Township Two North (T.2N.), Range Sixty-eight West (R.68W.) and the Southwest Quarter (SW1/4) of Section Six (6), Township Two North (T.2N.), Range Sixty-seven West (R.67W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado and being more particularly described as follows: BEGINNING at the East Quarter Corner (El/4) of said Section 1 and assuming the East line of said SE1/4 to bear South 00122'35" West with all bearings here in relative thereto: THENCE South 89°37'25" East a distance of 30.00 feet to the Easterly right-of-way of Weld County Road 13; THENCE South 00122'35" West along said right-of-way a distance of 776.77-feet; THENCE North 87°20'47" West a distance of 60.05 feet to the Westerly right-of-way of said Weld County Road 13; THENCE South 00°22'35" West along said right-of-way a distance of 1949.96 feet to the Northerly right-of-way of Weld County Road 24; THENCE North 89°48'48" West along said right-of-way a distance of 1288.33 feet to the West line of the Southeast Quarter of said SE 1 /4; THENCE North 00°25'58" East along said line a distance of 133492 feet to the Southeast Sixteenth Corner of said Section 1; THENCE South 89°39'01" West along the South line of the Northwest Quarter of said SETA a distance of 1316.84 feet to the Center South Sixteenth Corner of said Section 1; THENCE North 00°30' 11" East along the West line of Northwest Quarter of said SETA a distance of 1352.56 feet the Center Quarter (Cl/4) of said Section 1; THENCE North 89°07'02" East along the North line of said SE1/4 a distance of 2631.39 feet to the POINT OF BEGINNING. Said parcel contains 122.228 acres more or less. 8I21 R00015:23:53PM[sj 1]F:OFF]CE/Firestone/Annexation/MountainShadows2nd,res 4 RESOLUTION NO. A RESOLUTION APPROVING AND ADOPTING AMENDMENTS TO THE FIRESTONE DEVELOPMENT REGULATIONS REGARDING THE SUBMITTAL OF DEVELOPMENT APPLICATIONS. WHEREAS, state law authorizes the Town to adopt regulations concerning the annexation, zoning and subdivision of land, and authorizes the Town to allow planned unit developments; and WHEREAS, pursuant to such authorities, the Town has adopted subdivision, zoning and planned unit development regulations as codified in titles 16 and 17 of the Firestone Municipal Code and in the Firestone Development Regulations, as amended; and WHEREAS, proposed statewide Initiative 256, which is entitled "Citizen Management of Growth" and which may be placed on the November 7, 2000, statewide ballot, would limit the circumstances under which the Town could approve new development to (1) land within "Committed Areas"; (2) land shown on "Growth Area Maps" prepared by the Town and approved by the voters; or (3) development permitted under one of several exceptions set forth in Section 9 of Initiative 256; and WHEREAS, Initiative 256 includes within its definition of "Committed Area" any area of land which has been committed to development in that the land meets one or more of three criteria; and WHEREAS, one of such criteria is that a valid development application as to such land, the approval of which would result in development that will be served by central water and sewer services, has been submitted to the appropriate local government as of the date on which the 2000 general election ballot was certified by the Colorado Secretary of State; and WHEREAS, Section 9(2) of proposed statewide Initiative 256 also states that no development or subdivision of land shall be approved for land not included in a Committed Area or an approved Growth Area, except that a local government may approve or allow, in accordance with its land use rules and regulations, development or subdivision of land consistent with a valid development application which has been filed as of the date on which the 2000 general election ballot was certified by the Colorado Secretary of State; and WHEREAS, proposed statewide Initiative 256 defines the term "valid development application" to mean an application that substantively meets all of the rules for submission applicable to a proposal and that has been accepted as timely and complete by the local government regulating the use of land covered by the application; and WHEREAS, the meaning of such provisions, and the application of proposed statewide Initiative 256 to the Town, is uncertain at this time; and WHEREAS, the Town has received inquiries regarding what constitutes a valid development application under Town rules and regulations for purposes of proposed statewide Initiative 256; and WHEREAS, pursuant to the above -cited authorities and sections 16.04.050 and 17.04.020 of the Firestone Municipal Code, the Board of Trustees desires to adopt amendments to the Firestone Development Regulation to identify when an application is timely and complete, and may therefore be a valid development application for purposes of proposed statewide Initiative 256; and WHEREAS, the Board of Trustees finds that such amendments will serve to clarify the meaning of the phrase "valid development application" as used in Initiative 256 and applied to the Town of Firestone in the event such Initiative is approved by the electorate, subject to any subsequent judicial interpretation of such phrase; and WHEREAS, the Board of Trustees further finds that the adoption of such amendments at this time will assist in the Town's implementation of Initiative 256 should the same be approved by the electorate, and will further assist the Town in implementation of the Firestone Comprehensive Plan and related land use plans, policies and agreements. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 2.d of the Firestone Development Regulations, entitled "Development Application Process", is hereby amended by the addition of new Section 2.11 to read as follows: 2.11 Application Submittal. 2.11.1 An application under the provisions of these Regulations shall be considered a valid and complete application if the applicant has held with Town Staff any required pre -application conference; has submitted to the E Town a completed Development Application and Development Fact Sheet, in the form set forth in Exhibit F, and an executed Cost Agreement and Funds Deposit Agreement, in the form set forth in Exhibit E, bearing authorized signatures and the dates thereof, and has made payment to the Town of all initial deposits or fees required for such application. 2.11.2 Prior to any further processing of such valid and complete application, the Town may require submission of additional documents and information as provided in these Regulations and other applicable enactments governing the land use action requested in the application. Further, prior to any granting by the Town of approval of such application, the applicant or its successor is required to comply fully with the Town's comprehensive plan, intergovernmental agreements, subdivision ordinance, zoning ordinance, development regulations, development standards including but not limited to street standards, utility standards, and landscaping standards,. building code, fire code, and other applicable enactments. Nothing herein shall be construed as exempting the applicant or its successor from such full compliance, or as limiting in any way the discretion of the Planning Commission or Town Board of Trustees, or other governmental bodies having jurisdiction, to review and approve, disapprove, or approve with conditions any and all development -related submittals made by the applicant or its successor. 2.11.3. A valid and complete development application shall not constitute a "site specific development plan" as said term is defined in the statutes of the State and the ordinances of the Town, and neither the submission nor approval of such an application shall grant the applicant any vested property right within the meaning of the constitution and statutes of the State, the ordinances of the Town, or principles of common law. No such vested property right shall be created except by the submittal and approval of a site specific development plan pursuant to the ordinances of the Town. 2.11.4. The Town Administrator is authorized (but not required) to provide to any applicant upon request written confirmation that an application is valid and complete under the requirements of Section 2.11.1. 3 2.11.5. Nothing in this section 2.11 shall be construed to limit or impair the ability of the Town Board to determine, by resolution and on a case -by -case basis whether a proposed subdivision or development of land is pursuant to or consistent with a valid development application, as that phrase is used in Initiative 256, "The Citizen Management of Growth", and may be approved by the Town under Section 3 or Section 9(2) of Initiative 256 or both such sections. Further, nothing herein shall be construed to limit or impair the ability of the Town Board to designate its "Committed Areas" within the time frame set forth in Initiative 256, which areas may include, but may not be limited to, areas other than those for which an application has been recognized as valid and complete pursuant to this Section 2.11. Section 2. Exhibit F of the Firestone Development Regulations is hereby replaced with that form of Exhibit F attached hereto and incorporated herein by reference. Section 3. All persons filing development applications with the Town are hereby notified that the Town's ability to establish the meaning of the term "valid development application" as used in Initiative 256 may be limited by law and may be rejected or overturned by a court of competent jurisdiction, and/or by implementing state legislation or a local initiated or referred measure, and for that reason, no applicant should make any expenditure or otherwise rely upon the provisions of this Resolution to his or her detriment, and any such applicant should consult with competent private legal counsel with regard to his or her rights and obligations under Initiative 256. Section 4. Nothing herein is intended to or shall be construed to impair the initiative and referendum powers reserved to the municipal electors. Section 5. If any portion of this Resolution is held to be invalid for any reason, such decision shall not affect the validity of the remaining portions of such Resolution. The Town Board hereby declares that it would have approved and adopted such Resolution and each part thereof irrespective of the fact that any one part be declared invalid. IN RODUC D, READ, and ADOPTED this �i.�}� day of 2000. 4 TOWN OF FIRESTONE, COLORADO 10, Rick Patterson Mayor Attest: 1 L Cheri Andersen Town Clerk 08240/1735(sjl)F:\Users\Sam\WPDocs\Fireston\Res\lnitiative256Resolution Page 1 of 2 Town of Firestone Development Application File # In order to begin the Firestone development review process, an applicant must attend a required pre -application conference; must submit to the Town Clerk a completed Development Application and Development Fact Sheet and an executed Cost Agreement and Funds Deposit Agreement; and must pay to the Town al I initial deposits or fees required for the application. These materials maybe submitted atorafter the pre -application conference. The application shall not be deemed a valid and complete development application unless and until the above items are received by the Town Clerk. Once these forms are received by the Town Clerk, with all information requested on the forms filled in, and the applicable deposits or fees have been paid, the application shall be considered a valid and complete application which will be assigned a case number and docketed for further processing. Thereafter, the applicant shall provide for further processing the information and documents listed in the specific submittal requirements for the type of development(s) identified on the Development Application. Please complete only those items that are related to your specific type of application. Indicate each type of application request filed. Attach additional sheets or information as necessary. Submitthis application with all accompanying materials to Firestone Town Clerk, 151 Grant Avenue, Firestone, Colorado 80520. Name of Applicant Phone Address Name of Property Owner Phone Address Legal Description Applicant's Representative Phone Name of Subdivision Location Existing Zoning Existing Land Use Proposed Zoning Proposed Land Use Page 2. of 2 Indicate the type of application being submitted. Check all boxes that apply. Please refer to the Firestone Development Regulations regarding the additional documents and information, and the number of copies, which must be submitted for further processing of each application. ❑ Annexation ❑ Rezoning 0 Outline Development Plan ❑ Preliminary Plat ❑ Final Development Plan ❑ Final Plat ❑ Minor Subdivision o Standard Zoning Development Plan ❑ Preliminary Development Plan ❑ Other Prior to any further processing ofa valid and complete application, the Town may require submission of additional documents and information as provided in the Firestone Development Regulations and other applicable enactments governing the land use action requested in the application. Further, prior to any granting by the Town of approval of such application, the applicant or its successor is required to comply fully with the Town's comprehensive plan, intergovernmental agreements, subdivision ordinance, zoning ordinance, development regulations, development standards including but not limited to street standards, utility standards, and landscaping standards, building code, fire code, and other applicable enactments. A valid and complete application shall not constitute a "site specific development plan" as that term is defined in state law or Town ordinances, and neitherthe submission nor approval of such an application shall grant the applicant any vested property right within the meaning of the Constitution and statutes of the State, the ordinances of the Town, or principles of common law. No such vested property right shall be created except by the submittal and approval of a site specific development plan pursuant to the ordinances of the Town (See Chapter 17.42 of the Town Code regarding applications for statutory vested property rights). Applicant Signature Date RESOLUTION NO. (y) —�� SERIES 2000 A RESOLUTION APPROVING A RECISSION AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND THE NEW COAL RIDGE DITCH COMPANY. WHEREAS, The New Coal Ridge Ditch Company ("Ditch Company") is the owner of a pipeline and easement originally known as the "Sullivan Ditch" which traverses a portion of the property and lots located within the corporate limits of the Town; and WHEREAS, the easement was shown on a map of the Town recorded in 1907, but was not shown on the Town Replat recorded in 1974; and WHEREAS, on April 12, 1984, the Town and Ditch Company therefore entered into an Agreement concerning the administration of the easement and the issuance of building permits for the Town lots affected thereby, which Agreement is recorded in the Office of the Weld County Clerk and Recorder in Book 1027 as Reception No. 01963170 (the "1984 Agreement"); and WHEREAS, the Sullivan Ditch is no longer in use and the Ditch Company desires to abandon and release its easement for the Sullivan Ditch in the Town limits; and WHEREAS, the Town and Ditch Company each recognize that it is in its best interests to rescind the 1984 Agreement, and a new agreement has been proposed for such purpose. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The proposed Agreement between the Town of Firestone and The New Coal Ridge Ditch Company to rescind the 1984 Agreement is hereby approved in essentially the same form as the copy of such Agreement accompanying this Resolution. Section 2. The Mayor is authorized to execute the Agreement on behalf of the Board of Trustees of the Town of Firestone, except that the Mayor is hereby granted the authority to negotiate and approve such revisions to said Agreement as the Mayor determines are necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Agreement are not altered. INTRODUCED, READ, and ADOPTED this (�) day of , 2000. TOWN OF FIRESTONE, COLORADO Rick Patterson Mayor Cheri Andersen Town Clerk = WD116:25AKtjf.M1CFYu-t.. t-U)d&-. RESOLUTION NO. 00 - 4I S A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND TRI-AREA AMBULANCE DISTRICT WHEREAS, the Town desires to lease to Tri-Area Ambulance District the old Town Hall located at 150 Buchanan Avenue in Firestone, and an agreement has been proposed for such purpose. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The proposed Lease Agreement between the Town of Firestone and the Tri- Area Ambulance District for lease of the old Town Hall property at 150 Buchanan Avenue in Firestone is hereby approved in essentially the same form as the copy of such Lease Agreement accompanying this Resolution. Section 2. The Mayor is authorized to execute the Lease Agreement, except that the Mayor is hereby granted the authority to negotiate and approve such revisions to said Lease Agreement as the Mayor determines are necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Lease Agreement are not altered. INTRODUCED, READ, and ADOPTED this -%*h day of �"M6, 2000. ONE Ali; yAN r�j`oil ¢�; 0 ; °o Attest: � '� �y Z �{! .0 S o- G PiV la & p Co�N` Cheri Andersen Town Clerk 08310011623[sj]]F:1Uscrs\Saml W PDocs\Fireston\THall 1. res TOWN OF FIRESTONE, COLORADO Rick Patterson Mayor Ag06/00 15:00 FAX 3032981627 GRIFFITHS TANOIJF. & LIGHT DAVF. LINDSAY U002/013 RESOLUTION NO. 00-q(0 A RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN AMENDMENT FOR THE SADDLEBACK GOLF CLUB, TO AUTHORIZE A GOLF COURSE CLUBHOUSE AND RELATED FACILITIES, AND APPROVING A PROPOSED OUTLINE DEVELOPMENT PLAN FOR A PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT OVER PORTIONS OF THE SADDLEBACK GOLF CLUB PROPERTY, FOR RESIDENTIAL DEVELOPMENT. WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a Final Development Plan amendment for the Saddleback Golf Club, to authorize a golf course clubhouse and related facilities, and a request for approval of a proposed Outline Development Plan for a Planned Unit Development Overlay District over portions of the Saddleback Golf Club property, for residential development; and WHEREAS, all materials related to the proposed Final Development Plan amendment and proposed Outline Development Plan have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the proposed Final Development Plan amendment and proposed Outline Development Plan, and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed Final Development Plan amendment and proposed Outline Development Plan, and has held a properly noticed public hearing on the applications; and WHEREAS, the Board of Trustees finds that the proposed Final Development Plan amendment and proposed Outline Development Plan should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section ]. The Board of Trustees does hereby approve the proposed Final Development Plan amendment for the Saddleback Golf Club, to authorize a golf course clubhouse and related facilities, and the proposed Outline Development Plan for a Planned Unit Development Overlay District over portions of the Saddleback Golf Club property, for residential development, subject to the conditions set forth on Exhibit A, attached hereto and incorporated herein by reference. Oi,/06/00 15:01 FAX 3032981627 GRIFFITHS TANUUE & LIGHT N DAVE LINDSAY Q 003/013 INTRODUCED, READ, and ADOPTED this 1+h day of e , 2000. lt' •' OW ry '`�, L ATTEST: S� A 4.' Cheri Andersen Town Clerk 2 Rick Patterson Mayor t EXHIBIT A Saddleback Golf Course Community PUD Overlay Saddleback Golf Course FDP` Amendment Conditions of Approval Residential ODP Text 1. Add headings to the table in Section M. 2. Add further clarification on residential product types that may be available for the various density ranges. 3. In Section N, identify minimum single family lot sizes or product types if more than one type of housing product is going to be available. 4. If Parks and Open Space are going to be specified by a specific acreage, further textual or mapping information as to the location of those areas needs to be provided. 5. Delete the reference to the 50-foot height limit for single family residential only areas. Residential uses will be subject to a height limit of 38 feet. 6. Section Q should consider the event that early development may also occur in Parcel B. 7. The phasing and initial development responsibility of Road 15 needs to be addressed. 8. Section C needs to be changed to include Vern and Karen Hamilton as owners as evidenced by the title commitment submitted. 9. Note that Road 13 to the west of the site is not in the Town of Firestone. 10. The text refers to a 9.6% proposed public land dedication. The current Town criteria require 10% so a variance would be required at the time of FDP. References shall be changed to 10% or a note added stating that the 9.6% is proposed and that any reduction below 10% requires separate Town Board approval at the time of platting. 11. Section L states that the proposed collector street accessing Road 20 will be designed with "tighter" curves (assumed to mean less than Town criteria allows) to discourage cut -through traffic and reduce traffic speeds. This statement needs to be removed from the ODP entirely. 12. Section L only discusses circulation in the northern residential area. There needs to be some discussion regarding access to and circulation within the Parcel B and C areas as well. 3 1 3. Individual legal descriptions for the R-A, R-B, and R-C PUD overlay districts need to be provided. 14. The title commitment included with the submittal only includes Parcel A (the northern parcel). Commitments for the other two parcels are necessary to verify ownership. 15. A traffic study was included with the submittal. Additional detail will need to be added as the site proceeds further into the development process. 16. In Area I of Parcel A, the minimum lot size shall be 6050 square feet; the minimum lot size for all other single-family lots shall be 6600 square feet. 17. ODP Text must be placed on 24" x 36" text sheet. 18. Change "lots" to "units" in the text. 19. Prohibit apartment uses on Parcel B; however, this prohibition shall not prevent the location of senior citizen assisted living and/or senior housing units upon Parcel B. Residential ODP Map 20. Remove references to Union Pacific Railroad. 21. Remove the ownership names under Parcel B and on the Golf Course area. Use a single name for the golf course. 22. Add typical roadway sections for Road 20 and the planned Road 15 to the map sheets, so that planned right-of-way is clearly defined relative to the property boundary. 23. Identify by a dashed line the minimum building setback lines from Road 20 and the planned Road 15 as specified in the Uniform Baseline Standards. 24. The references to WCR 13 need to be changed. This is not a Firestone street so the street name (Colorado Boulevard) probably does not apply. 25. The land uses on the west side of Road 13 are not correct. The southern portion is adjacent to Frederick open space (Milivak Lake) and the northern portion is adjacent to the Missing Links golf course. 26. The proposed use of areas adjacent to Parcel A for passive rec/open space should be referenced in the FDP amendment as a potential use of property covered by that FDP amendment. The areas proposed for these uses are not currently within the PUD overlay. 4 27. Private areas for passive rec/open space uses may not be credited to public open space dedication requirements, and the final sentence of Section R must be revised to reflect this requirement. The suitability of areas identified for park and open space dedication must be further evaluated at the time of platting and final development. 28. Identify Horton property and Sherilynn Circle (a.k.a. Westwind Subdivision) on ODP Map. 29. Label Coal Ridge Ditch siphon area. Clubhouse FDP Text 30. Clarify that the Town shall be the water service provider to the development, not Central Weld Water District. 31. The phasing and initial development responsibility of Road 15 needs to be addressed as part of this approval. 32. Replace "dwellings" with "structures" in the residential densities section. 33. FDP text must be placed on 24" x 36" sheets. 34. State that the approval of this FDP does not in any way constitute an approval of a liquor license. 35. Add signage at exit for westbound traffic: "No Through Traffic". Add signage at exit directing "exit" traffic to the right. 36. Size east/west roadway to accommodate a raised median if needed in the future to control traffic. 37. Identify name of, east/way roadway north of the Clubhouse area, pursuant to the Firestone Street Grid. Clubhouse FDP Map 38. Additional location and detail information needs to be provided regarding fencing, especially around the pool. Lighting detail shall be added for the parking lot and shall be consistent with the Uniform Baseline Design Standards. 39. All technical grading, drainage and utility information needs to be provided for Town review and approval. 40. Detailed construction plans for the proposed site grading and drainage, utility 61 ti extensions/service, and Road 15 improvements need to be provided. A plan and profile design of the water line is required because it is 12". The proposed improvements to Road 15 need to be presented in plan and profile with cross sections provided at 100' intervals. Refer to the Firestone Development Regulations Manual, Section 14 for specific requirements. Also, the Tri-Area Sanitation District will need to sign the final construction mylars (which will include the design of the proposed sewer service) prior to the Town signing them. 41. The FDP map shows the water service coming off of an existing Central Weld County Water District 16" main. The water service for the clubhouse must come from a Firestone water line. The existing 12" line serving the AFT site must be extended to the southern limit of the clubhouse site and stubbed out beyond the extension of Road 15. 42. The water meter needs to be accessible by the Town from Road 15. A walkway needs to be provided from the roadway to the meter pit. An alternative would be to move the water service closer to the entrance. The applicant will need to determine what size service tap and meter they will need, subject to Town approval. 43. A fire hydrant needs to be added near the entrance. 44. A culvert will need to be added to the entrance for the Road 15 roadside ditch. 45. The proposed low berm along Road 15 must be moved outside of the right-of-way. 46. The FDP needs to show how the landscaped areas will be irrigated (from the golf course raw water system or from the potable water service), and irrigation plans must be approved by the Town. 47. An estimate of the annual water demand needs to be provided by the applicant and approved by the Town so that the necessary CBT dedication can be calculated. 48. The site plan shows that some improvements will encroach on the Coal Ridge Ditch easement. The applicant needs to provide a letter from the Ditch Company granting their approval of these improvements/encroachments. 49. The architectural elevations of the clubhouse need to include materials and colors, however, the architectural elevation shall be permitted reasonable variation in these matters and relative to general design elements. 50. An architectural rendering of the pavilion shown on the FDP needs to be added. 51. The location of the proposed entry sign needs to be shown. Also, lighting detail for the sign must be added, subject to Staff approval. 6 52. A sign detail must be submitted and approved by Staff for a sign at Road 15/20. 53. Prior to Town execution and recording of the FDP, the applicant and Town shall enter into a development agreement in a form acceptable to the Town and applicant. The agreement shall address phasing and development responsibility for Road 15, water rights dedication for the FDP, and any other public improvement obligations or related Town requirements regarding development of the FDP. 54. An FDP Site Plan needs to show existing easements, rights -of -way or other interests of record, as required by the Firestone Development Regulations. DRAINAGE REPORT 55. The final drainage report that was submitted with the original Coal Ridge Golf Course FDP did consider a clubhouse area. The percent impervious that was assumed appears to be consistent with the currently proposed clubhouse site so we see no reason for an updated report as long as the Tri-Area Sanitation District agrees. However, the applicant shall submit for approval a thorough engineering design that will prevent standing water and assure positive drainage away from all of the proposed building structures. This can be reflected on the required grading and drainage plan. 8/30/2000/11:43AM[sjl] FA0FFICE\Firestone\Res\Sndd1ebackFDP&0DPHoard.res 7 RESOLUTION NO. 00-�-J A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR TWO ANNEXATION PETITIONS FILED WITH THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE BROOKS FARMS ANNEXATION TO THE TOWN OF FIRESTONE, AND SETTING A PUBLIC HEARING THEREON. WHEREAS, two petitions for annexation of certain property to be known as the Brooks Farms Annexation, to be annexed in a series, have been filed with the Town Clerk of the Town of Firestone, Colorado, and referred to the Board of Trustees of the Town of Firestone for a determination of substantial compliance with applicable law; and WHEREAS, the Board of Trustees has reviewed the petitions; and WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the subject properties for annexation and for zoning, if requested in the petitions; and WHEREAS, the Board of Trustees has reviewed the petitions and desires to adopt by Resolution its findings in regard to the petitions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The petitions, the legal descriptions for which are attached hereto as Exhibit A and incorporated herein by reference, are in substantial compliance with the applicable laws of the State of Colorado. Section 2. No election is required under Section 31-12-107(2), C.R.S. Section 3. No additional terms and conditions are to be imposed except any provided for in the petitions. Section 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexations comply with Section 31-12-104, C.R.S. and with Section 31-12-105, C.R.S., and will hold a public hearing to determine the appropriate zoning of the subject properties, if requested in the petitions, at the Firestone Town Hall, 151 Grant Avenue, Firestone, Colorado 80520, on Thursday, October 26, 2000, at 7:30 P.M. Section 5. Any person may appear at such hearing and present evidence relative to the proposed annexations, or the proposed zoning if requested in the petitions. Section 6. Upon completion of the hearing, the Board of Trustees will set forth, by resolution, its findings and conclusions with reference to the eligibility of the proposed annexations, w and whether the statutory requirements for the proposed annexations have been met, and further, will determine the appropriate zoning of the subject properties if requested in the petitions. Section 7. If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexations are proper under the laws of the State of Colorado, the Board of Trustees may pass one or more ordinances annexing the subject properties to the Town of Firestone, and will pass one or more ordinances zoning the subject properties if requested in the petitions. Section 8. Resolution No. 00-37 is hereby repealed. INTRODUCED, READ, and ADOPTED this 'ft day of S A-e 6,r, 2000. ATTEST: 41 Cheri Andersen Town Clerk �c 0 N L 'S A 090700/1025 [sj[]F:IOFF[CEIFirestoneWnnex\BrooksFarm2nd.res 2 Rick Patterson Mayor EXHBIT A LEGAL DESCRIPTION Proposed Brooks Farms First Addition: Legal Description of a tract of land being a portion of Lot B of the Recorded Exemption No. 1311-06-2-1708 according to the plat on file in the office of the Clerk and Recorder, County of Weld, State of Colorado being more particularly described as follows: Beginning at the West One Quarter Corner of Section 6, Township 2 North, Range 67 West of the 6`" P.M. said County, and considering the West line of the Northwest Quarter of said Section 6 as bearing South 00024' 19" West and with all bearings contained herein relative thereto; thence along the South line of the Northwest Quarter of said Section 6 South 87°20'55" East 1231.74 feet to the Southeast Corner of said Lot B; said point also being the TRUE POINT OF BEGINNING; thence North 08°53'09" West 982.60 feet; thence South 14°11'19" West 982.60 feet to a point on the South line of the Northwest Quarter of said Section 6; thence along said South line South 87°20'55" East 393.05 feet to the TRUE POINT OF BEGINNING. The above described parcel of land contains 4.344 acres more less; And Proposed Brooks Farms First Addition: Legal Description of a tract of land being a portion of Lots A and B of the Recorded Exemption No. 1311-06-2-1708 according to the plat on file in the office of the Clerk and Recorder, County of Weld, State of Colorado and portions of Section 1, Township 2 North, Range 68 West, Section 6, Township 2 North, Range 67 West, Section 31, Township 3 North, Range 67 West, and Section 36, Township 3 North, Range 68 West of the 6'h Principal Meridian, Weld County, Colorado being more particularly described as follows: Beginning at the West One Quarter Corner of said Section 6 and considering the West line of the Northwest Quarter of said Section 6 as bearing North 00°24'19" East and with all bearings contained herein relative thereto; thence along the South line of the Northwest Quarter of said Section 6 South 871120'55" East 1231.74 feet to the Southeast Corner of said Lot B; said point also being the TRUE POINT OF BEGINNING; thence North 08°53'09" West 982.60 feet; thence South 14*11'19" West 982.60 feet to a point on the South line of the Northwest Quarter of said Section 6; thence along said South line North 87°20'55" West 808.67 feet to a point on the East right-of-way line of Weld County Road 13; thence along said East right-of-way line South 00°22'35" West 775.63 feet to a point on the North line of Oak Meadows P.U.D. Filing No. 1 to the Town of Firestone according to the plat on file in the office of the Clerk and Recorder said County; thence along said North line North 87020'47" West 30.02 feet to the Northeast Corner of Firestone Development Annexation No. 2 according to the plat on file in the office of the Clerk and Recorder said County; thence along said North line North 87020'47" West 30.02 feet to a point on the West right-of-way line of said Weld County Road 13; thence along said West right- 3 4L of -way line North 00°22'35" East 773.26 feet; thence continuing along said West right-of-way line North 00°24' 19" East 2692.74 feet to a point on the Northerly right-of-way line of Weld County Road No. 26; thence along said Northerly right-of-way line South 89°12'01" East 1301.07 feet; thence departing said Northerly right-of-way line and along the Northerly prolongation of the East line of said Lot B South 01 ° 14'59" West 30.00 feet to the Northeast Corner of said Lot B; thence continuing along said East line South 01°14'59" West 2701.16 feet to the TRUE POINT OF BEGINNING. The above described tract of land contains 76.446 acres more or less. 4 Resolution No. 00-'y-'fig' A RESOLUTION SETTING FORTH THE CIRCUMSTANCES UNDER WHICH THE TOWN HALL CAN BE USED FOR PURPOSES OTHER THAN TOWN BOARD MEETINGS. WHEREAS, the Town has received a number of requests from various groups to use the Town Hall for various types of activities; and WHEREAS, the Board desires to maintain uniform regulations pertaining to such use; and WHEREAS, the Board is concerned about maintenance, security, property damage, and theft; and WHEREAS, the Board has considered many implications, including the cost of providing staff when the Town Hall is used; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE: Section 1. That only government entity sponsored organizations be allowed to hold meetings or other activities at the Town Hall. Only the prior mentioned organizations will be allowed access to the Town Hall after regular business hours, and only with prior arrangements with the Town staff. READ AND APPROVED THIS _LS�bAY OF e , 2000. RESOLUTION NUMBER: 00-49 BEING A RESOLUTION CONFIRMING THE CONTINUED COMMITMENT TO THE COMPLETION AND IMPLEMENTATION OF THE ST. VRAIN VALLEY OPEN LANDS AND TRAILS MASTER PLAN. WHEREAS, the Board of Trustees of the Town of Firestone has been advised of the completion of the St. Vrain Valley Open Lands and Trails Master Plan and the desired outcome of the implementation of the Master Plan in the form of Trail construction and Land Preservation activities in Southwestern Weld County; and WHEREAS, the Town of Firestone has traditionally supported land preservation and trail construction activities for the benefit of its citizens, and to enhance the quality of life in the community and the surrounding areas of Weld County; and WHEREAS, the Town of Firestone finds the construction of the trail network and the preservation of agricultural land, natural areas, and wildlife habitat provide long-lasting benefits for future generations; and WHEREAS, the Town of Firestone approves the philosophical direction of the St. Vrain Valley Open Lands and Trails Master Plan which is to work cooperatively with the communities of Dacono, Erie, Firestone, Frederick and Longmont, together with Weld County to implement a regional land preservation program through the purchase of property or the acquisition of conservation easements through a "willing buyer -wilting -seller" basis, rather than through eminent domain; and WHEREAS, the Town of Firestone approves the philosophical direction of the St. Vrain Valley Open Lands and Trails Master Plan which is to work cooperatively with the communities of Dacono, Erie, Firestone, Frederick and Longmont, together with Weld County to implement a regional trail network; and WHEREAS, the Town of Firestone believes the citizens of Weld County, will benefit from the implementation of the St. Vrain Valley Open Lands and Trails Master Plan through a commitment from the communities of Dacono, Erie, Firestone, Frederick and Longmont, together with Weld County; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, AS FOLLOWS: 1. That the Town of Firestone approves the St. Vrain Valley Open Lands and Trails Master Plan, attached hereto and incorporated herein. 2. That the Mayor of Firestone, or his/her designee, is authorized to transmit copies of the St. Vrain Valley Open Lands and Trails Master Plan to the proponents of the implementation of the St. Vrain Valley Open Lands and Trails Master Plan, evidencing the community of Firestone support for the St. Vrain Valley Open Lands and Trails Master Plan Implementation. 'a 3. That the community of Firestone supports the efforts made by the communities of Dacono, Erie, Firestone, Frederick and Longmont, together with Weld County to implement all aspects of the St. Vrain Valley Open Lands and Trails Master Plan, attached hereto and incorporated herein. Upon motion duly made, seconded and carried, the foregoing Resolution was adopted this 14`h day of September, 2000. A -r p W E �0 •. Nit' Y. y: S ATTEST: � lNkj fJ� Town Clerk yor ,r RESOLUTION NO. 00-5Q A RESOLUTION APPROVING A SPECIAL USE PERMIT FOR HS RESOURCES, INC. TO LOCATE THE HSR TEETS 11-20A OIL & GAS WELL WITHIN THE TOWN OF FIRESTONE. WHEREAS, HS Resources, Inc. (hereinafter "HS Resources" or "Applicant") hasw submitted to the Ton of Firestone an application for a special use permit to locate within the Town an oil and gas well referred to as the HSR Teets 11-20A Well, the location of which is more particularly described in Exhibit A hereto; and WHEREAS, HS Resources has submitted an application and supporting materials pursuant to Chapter 15.48 of the Firestone Municipal Code; and WHEREAS, all materials related to the proposed special use have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision, zoning and oil & gas ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the proposed special use and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed special use, and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the special use permit request for the HSR Teets 11-20A Well should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees does hereby approve the special use permit request of HS Resources for location of the HSR Teets 11-20A Well within the Town of Firestone, in the location more particularly described in Exhibit A hereto, subject to the following conditions: 1. The production facilities, as developed or modified, shall be of a low profile style, with a maximum height not to exceed twelve (12) feet. 2. The Town's special use approval shall expire on the date of expiration of the Oil and Gas Conservation Commission Permit to drill the well or one year from the date of this Resolution, whichever is later, if operations for the well are not commenced by such date. In the event special use approval expires, the Applicant shall apply for a new special use permit pursuant to Chapter 15.48 of the Firestone Town Code. 3. Oil and gas operations shall be conducted in compliance with all federal, state, and local laws, rules and regulations, including but not limited to the Colorado Oil and Gas Conservation Commission permit for such well and the final special use permit application materials approved by the Town Board, which materials are incorporated herein by reference. Applicant shall provide to the Town copies of all state approved permits and subsequent notices filed with the state and affecting the well. 4. Prior to entering the site, Applicant shall obtain from the Town necessary building permits and notices to proceed. 5. Prior to moving the drilling rig onto the well site, Applicant shall obtain from the Town and Weld County necessary permits to move the drilling rig equipment within the Town and County. 6. Applicant shall provide to the Town copies of any executed surface damage agreements or memoranda thereof respecting operation of the well. 7. In the exercise of its rights pursuant to this special use approval, Applicant shall avoid any damage or interference with any Town installations, structures, utilities, or improvements. Applicant shall be responsible for all damages to such interests of the Town which are caused by the Applicant. 8. Applicant at its sole expense shall control fugitive dust at the well site and on access roads on an as -needed basis. Methods and chemicals used for dust control shall comply with Town ordinances and regulations. 9. The oil/gas well facilities shall utilize setbacks as specified in the Colorado Oil and Gas Conservation Commission Rules and Regulations or the Firestone Town Code, whichever is more restrictive. 10. The well site area shall be secured and screened by chain link fencing with "solid" tan aluminum lathing. 11. Water sources for drilling activities shall be from the Town of Firestone unless hauled to the well site by tanker truck. 12. All construction traffic, including construction employees, shall access the well site only to and from the east and south and not from routes using Road 13. 13. Machinery at the site shall be well-oiled and well -maintained to mitigate noise. 2 14. During construction or reconstruction, the well site should be bermed to mitigate noise impacts park and residential areas in the vicinity. PASSED AND ADOPTED this o)- gday of e , 2000. ONE ; p •. ATTEST: a'ati LIIIYI" Cheri Andersen Town Clerk Rick Patterson Mayor EXHIBIT A Description of Well Location: HSR Teets 11-20A Well The approximate location of the HSR Teets 11-20A Well is 1946 feet from the west line and 1930 from the south line of Section 20, Township 2 North, Range 67 West, 6th P.M., being located in the NE114SW1/4 of said Section 20 and within the Teets Annexation property. 9/22/2000/ l l:47AM[sjl]F:OFFIC0Fireston0Rcs\HSResourcesTeets Wel l.res 3 RESOLUTION NO. 00- St A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR AN ANNEXATION PETITION FILED WITH THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE NEIGHBORS ANNEXATION TO THE TOWN. OF FIRESTONE, AND SETTING A PUBLIC HEARING THEREON. WHEREAS, a petition for annexation of certain property to be known as the Neighbors Annexation has been filed with the Town Clerk of the Town of Firestone, Colorado, and referred to the Board of Trustees of the Town for a determination of substantial compliance with applicable law; and WHEREAS, the Board of Trustees has reviewed the petition; and WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the subject property for annexation and zoning, if requested in the petition; and WHEREAS, the Board of Trustees has reviewed the petition and desires to adopt by Resolution its findings in regard to the petition. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The petition, the legal description for which is attached hereto as Exhibit A and incorporated herein by reference, is in substantial compliance with the applicable laws of the State of Colorado. Section 2. No election is required under §31-12-107(2), C.R.S. Section 3. No additional terms and conditions are to be imposed except any provided for in the petition. Section 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexation complies with §31-12-104, C.R.S. and with §31-12-105, C.R.S., and will hold a public hearing to determine the appropriate zoning of the subject property, if requested in the petition, at the Firestone Town Hall, 151 Grant Avenue, Firestone, Colorado 80520, on Thursday, November 16, at 7:30 P.M. 1 Section 5. present evidence proposed zoning if Any person may relative to the requested in the appear at such hearing and proposed annexation, or the petition. Section 5. Upon completion of the hearing, the Board of Trustees will set forth, by resolution, its findings and conclusions with reference to the eligibility of the proposed annexation, and whether the statutory requirements for the proposed annexation have been met, and further, will determine the appropriate zoning of the subject property if requested in the petition. Section 7. If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexation is proper under the laws of the State of Colorado, the Board of Trustees may pass one or more ordinances annexing the subject property to the Town of Firestone, and will pass one or more ordinances zoning the subject property if requested in the petition. h 2000. INTRODUCED, READ, and ADOPTED this day of `c\,�_ N; , ,•....... %� •, • No'�'= AM ��01� Cheri Andersen Town Cleric F Rick Patterson Mayor 1 EXHIBIT A LEGAL DESCRIPTION THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 12, AND CONSIDERING THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 12 AS BEARING N04°00'00"E AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG SAID WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 12, N00°00'00" E, 30.00 FEET TO THE NORTH RIGHT-OF-WAY OF WELD COUNTY ROAD 22; THENCE N90000'00"E, 30.00 FEET TO THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 11; THENCE ALONG SAID EAST RIGHT-OF-WAY LINE N00°00'00"E, 388.66 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EAST RIGHT-OF-WAY LINE N00°00'00"E, 1982.83 FEET TO THE NORTH LINE OF HURT ANNEXATION NO. 2; THENCE N90000'00"W, 30.00 FEET TO THE CENTERLINE OF WELD COUNTY ROAD NO. I I AND THE WEST LINE OF SAID SECTION 12, COMMON WITH THE EAST LINE OF SECTION 11; THENCE S66059'13"W, 32.59 FEET ALONG THE NORTH LINE OF SAID ANNEXATION TO THE WEST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. I LOCATED IN SECTION 11; THENCE N00 °00'00"E, 273.30 FEET ALONG SAID RIGHT-OF-WAY TO A POINT 30.00 FEET WEST OF THE WEST ONE QUARTER CORNER OF SAID SECTION 12; THENCE ALONG NORTH LINE OF SOUTHWEST QUARTER S89 °30'55"E, 2750.83 FEET TO THE CENTER OF SECTION 12 (C 114); THENCE ALONG EAST LINE OF SAID SOUTHWEST QUARTER S00°28'02"W, 2652.12 FEET TO THE NORTH LINE OF WELD COUNTY ROAD 22 RIGHT -OF- WAY; THENCE ALONG SAID NORTH RIGHT -OF WAY LINE N89004' 17"W,1969.70 FEET TO THE SOUTHEAST CORNER OF A PARCEL AS DESCRIBED IN BOOK 1553, PAGES 438 AND 439 OF WELD COUNTY RECORDS; THENCE ALONG SAID DESCRIBED PARCEL THE FOLLOWING FOUR (4) COURSES AND DISTANCES; N00°00'00"E, 200.00 FEET; N90°00'00"W, 200.00 FEET; N00°00'00"E, 200.00 FEET; N90°00'00"W, 499.66 FEET TO THE TRUE POINT OF BEGINNING; CONTAINING 157.485 ACRES, MORE OR LESS. RESOLUTION NO�� A RESOLUTION APPROVING A MINOR SUBDIVISION PLAT FOR THE DOLLAGHAN P.U.D., PHASE III WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a Minor Subdivision Plat for the Dollaghan P.U.D., Phase III, to divide Phase III into three parcels; and WHEREAS, the applicant has requested approval of such Plat to divide Parcel III into three parcels through a single minor subdivision process; and WHEREAS, the division of Phase III into three parcels may be accomplished through a single minor subdivision process, rather than two concurrent minor subdivision processes, as a conditional exception pursuant to Chapter 16.20 of the Firestone Municipal Code; and WHEREAS, the Planning Commission has recommended the granting of such a conditional exception; and WHEREAS, all other materials related to the proposed Minor Subdivision Plat have been reviewed by Town Staff and Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the proposed Minor Subdivision Plat and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed Minor Subdivision Plat and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed Minor Subdivision Plat should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby approves the proposed Minor Subdivision Plat for the Dollaghan P.U.D., Phase III, subject to the conditions set forth on Exhibit A, attached hereto and incorporated herein by reference. Pursuant to Chapter 16.20 of the Firestone Municipal Code, the Board of Trustees fixrther authorizes and approves of such minor subdivision through such single Minor Subdivision Plat, and ratifies the actions of the Planning Commission in so considering the subdivision request through a single minor subdivision process. INTRODUCED, READ AND ADOPTED this cD6 day of 2000. ve__ Rick Patterson Mayor �� pW N ••,;• ATTEST: . p,L • S� •C Cheri Andersen �uc Town Clerk r EXHIBIT A Minor Subdivision Plat Conditions of Approval Dollaghan P.U.D. Phase III 1. The subdivision plat shall be recorded concurrently with recording of a warranty deed conveying Parcel 1 of the subdivided property to the Town. In the event such deed is not recorded by December 31, 2000, the Board shall vacate its approval of the plat and repeal this resolution. 2. The Subdivider shall provide any necessary lienholder consents to the subdivision, which shall be in a form acceptable to the Town Attorney. Partial releases of any such liens shall be provided for Parcel l to the conveyed to the Town. 3. Unless permitted by future amendments to Firestone Town Code section 16.12.090.B, Parcels 2 and 3 shall not be eligible for further subdivision through a minor subdivision plat process for a period of three years from the date of this approval. 4. The eastern boundary of the plat needs to be modified to match the legal description, as noted in the red -lines prepared by the Town Engineer. 5. Provide the title commitment called out in Note 1. 10/19/2000 10:53 AM[sjl]FaOFFICE\FiresionelSublDollaghanPhase3MinorPlatBoard.res kj RESOLUTION NO. 00- 53 A RESOLUTION APPROVING A SPECIAL USE PERMIT FOR HS RESOURCES, INC. TO LOCATE THE HSR RUSSELL #1-30 A OIL & GAS WELL WITHIN THE TOWN OF FIRESTONE. WHEREAS, HS Resources, Inc. (hereinafter "HS Resources” or "Applicant") has submitted to the Town of Firestone an application for a special use permit to locate within the Town an oil and gas well referred to as the HSR Russell # l -30 A Well, the location of which is more particularly described in Exhibit A hereto; and WHEREAS, HS Resources has submitted an application and supporting materials pursuant to Chapter 15.48 of the Firestone Municipal Code; and WHEREAS, all materials related to the proposed special use have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision, zoning and oil & gas ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the proposed special use and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed special use, and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the special use permit request for the HSR Russell #1-30 A Well should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees does hereby approve the special use permit request of HS Resources for location of the HSR Russell 91-30 A Well within the Town of Firestone, in the location more particularly described in Exhibit A hereto, subject to the following conditions: The production facilities, as developed or modified, shall be of a low profile style, with a maximum height not to exceed twelve (12) feet. 2. The Town's special use approval shall expire on the date of expiration of the Oil and Gas Conservation Commission Permit to drill the well or one year from the date of this Resolution, whichever is later, if operations for the well are not commenced by such date. In the event special use approval expires, the Applicant shall apply for a new special use permit pursuant to Chapter 15.48 of the Firestone Town Code. 3. Oil and gas operations shall be conducted in compliance with all federal, state, and local laws, rules and regulations, including but not limited to the Colorado Oil and Gas Conservation Commission permit for such well and the final special use permit application materials approved by the Town Board, which materials are incorporated herein by reference. Applicant shall provide to the Town copies of all state approved permits and subsequent notices filed with the state and affecting the well. 4. Prior to entering the site, Applicant shall obtain from the Town necessary building permits and notices to proceed. Prior to moving the drilling rig onto the well site, Applicant shall obtain from the Town and Weld County necessary permits to move the drilling rig equipment within the Town and County. 6. Applicant shall provide to the Town copies of any executed surface damage agreements or memoranda thereof respecting operation of the well. 7. In the exercise of its rights pursuant to this special use approval, Applicant shall avoid any damage or interference with any Town installations, structures, utilities, or improvements. Applicant shall be responsible for all damages to such interests of the Town which are caused by the Applicant. 8. Applicant at its sole expense shall control fugitive dust at the well site and on access roads on an as -needed basis. Methods and chemicals used for dust control shall comply with Town ordinances and regulations. 9. The oiUgas well facilities shall utilize setbacks as specified in the Colorado Oil and Gas Conservation Commission Rules and Regulations or the Firestone Town Code, whichever is more restrictive. 10. The well site area shall be secured and screened by chain link fencing with "solid" tan aluminum lathing. 11. Water sources for drilling activities shall be from the Town of Firestone unless hauled to the well site by tanker truck. 12. Machinery at the site shall be well-oiled and well -maintained to mitigate noise. 2 13. All construction traffic, including construction employees, shall access the well site only to and from the east and south and not from routes using Road 13. 14. During construction or reconstruction, the well site should be bermed to mitigate noise impacts park and residential areas in the vicinity. PASSED AND ADOPTED thiscDO day of QC p66 r` , 2000. 4 ATTEST. SV, XL Rick Patterson ae'� �- a��j 6) N<Q0%,0UN-N•� Cheri Andersen Town Clerk EXHIBIT A Description of Well Location: HSR Russell 41-30 A Well The approximate surface location of the HSR RUSSELL #1-30 A Well is 264 feet from the east line and 1237 from the north line of Section 30, Township 2 North, Range 67 West, 6th P.M., being located in the NEIANE1/4 of said Section 30 and within the Russell Annexation property. 10/26/2000/4:25 PM[s}l]F:OFFICEWirestonelRes\HSResourcesRusseIIWell. res 3 RESOLUTION NO. A RESOLUTION APPROVING A FINAL SU13DWISION PLAT AND DEVELOPMENT PLAN FOR ST. VRAIN RANCH SUBDIVISION, FILING V WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a Final Subdivision Plat and Final Development Plan for St. Vrain Ranch Subdivision, Filing V; and WHEREAS, all materials related to the proposed Final Subdivision Plat and Final Development Plan have been reviewed by Town. Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the proposed Final Subdivision Plat and Final Development Plan and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed Final Subdivision Plat and Final Development Plan, and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed Final Subdivision Plat and Final Development Plan for St. Vrain Ranch Subdivision Filing V should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone, Colorado, does hereby approve the Final Subdivision Plat and Final Development Plan for St. Vrain Ranch Subdivision, Filing V, subject to conditions set forth on Exhibit A attached hereto and incorporated herein by reference. INTRODUCED, READ and ADOPTED thisQ(IN 0 day of Cki&32000. k ..ObvyIV i ATTEST: Cheri Andersen Town Clerk Patterson i EXHIBIT A Final Subdivision Plat and Final Development Plan Conditions of Approval St. Wain Ranch Filing V The following conditions are in reference to the FDP dated 10/10/00 and the FP dated 10/09/00. Final Plat 1. Extend Track K along the west side of Devonshire Street to the south side of Sage Street (extended) and add a detail of a six-foot sidewalk along this area, or add a six-foot sidewalk on the east side of Devonshire Street. Adjust land use calculations accordingly. 2. The Lender Consent should be revised to insert "and as re -recorded December 9, 1999, as Reception No. 2736894," before the phrase "hereby consents". Subdivider shall provide an updated title commitment for only the Filing V property. The HOA shall be added as a signatory to the plat. 3. Note 6 should clarify that all Tracts being dedicated to the Town shall be maintained by the HOA. 4. The 68' temporary utility, drainage, and access easement in Devonshire and the 60' drainage easement in Tract A which are being vacated will need to be vacated by ordinance. The applicant needs to provide appropriate legal descriptions and the Town will prepare the ordinance. FDP Text and Map 5. Adjust appropriate sections of the FDP, pursuant to applicable comments on the Plat noted above. 6. Delete open space credit for Tracts F and G and adjust Land Use Table accordingly. 7. Add a landscaping plan for Tracts D,E and F. 8. Fencing around the oil/gas facility site shall be maintained by the HOA and no COs shall be issued for any lots adjoining the well site until the fencing is installed. 9. Privacy fencing shall be permitted on the lots bounding Tract J only from the back of the house to the rear lot line. Any remaining fencing shall be two rail. 10. Clarify how the HOA is obligated to maintain SVR owned property (Tract B). 2 Final Drainage Report 11. Resubmit documents in conformance with redline comments provided by the Town Engineer. Construction Plans 12. Resubmit documents in conformance with redline comments provided by the Town Engineer. 13. The street lights shown on Sheet 2 of the FDP and the signage, striping, and lighting plan need to be Iocated at every intersection and then set within the blocks at intervals not to exceed 300 feet. 101261200013:10 PM[sjl]F:IOFFICE`Firestone112es1S[VruinFiling59oard.res 3 I . " RESOLUTION NO. CC,-5JS_ SERIES 2000 A RESOLUTION APPROVING A PRELIMINARY SUBDIVISION PLAT, FINAL SUBDIVISION PLAT AND FINAL DEVELOPMENT PLAN FOR FIRESTONE VILLAS SUBDIVISION WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a Preliminary Subdivision Plat, a Final Subdivision Plat and a Final Development Plan for Firestone Villas Subdivision; and WHEREAS, all materials related to the proposed Preliminary Subdivision Plat, Final Subdivision Plat and Final Development Plan have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the proposed Preliminary Subdivision Plat, Final Subdivision Plat and Final Development Plan and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed Preliminary Subdivision Plat, Final Subdivision Plat and Final Development Plan, and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed Preliminary Subdivision Plat, Final Subdivision Plat and Final Development Plan for the Firestone Villas Subdivision should be \ approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone, Colorado, does hereby approve the proposed Preliminary Subdivision Plat, Final Subdivision Plat and Final Development Plan for the Firestone Villas Subdivision, subject to the conditions set forth on Exhibit A, attached hereto and incorporated herein by reference. INTRODUCED, READ AND ADOPTED this{hday of 0iOLeV- , 2000. F.11— 1MV I ae6 use Cheri Andersen Town Cleric Rick Patterson r4k -( ..... r4" SEAL EXHIBIT A Final Subdivision Plat and Final Development Plan Conditions of Approval Firestone Villas Subdivision The following conditions are in reference to a re -submitted FDP Text dated September 27, 2000, an FDP Map dated February 18, 2000, and re -submitted Final Plat, dated September 28, 2000. Final Plat 1. The Plat shall not be recorded until an easement for the cul-de-sac at the north end of Naples Street is recorded. 2. Amend note 11: Eliminate the words "open space" and replace them with "public R.O.W.". FDP Text 3. FDP information shall be set forth on 24" by 36" sheets. 4. In the Project Concept section, note that this project shall comply with the residential housing standards as specified Section 17.16.070 of the Town Code. 5. In the Project Concert section, correct the smallest lot size to "6,774" not "6,962". 6. In the Project Concept section (and any other) refer to Road 13, as Colorado Boulevard. 7. In the Environmental Impact Mitigation section, note that a Subsidence Report for the site has been provided. 8. At the end of the Open Space section add: "... unless otherwise determined by the Town". 9. In the Architecture section, provide a uniform fencing plan for the subdivision. 10. At the end of the Architecture section, ... and other landscaping requirements as specified in specified Section 17.16.070 in the Town Code. 11. At least fifteen days prior to recording any covenants, conditions or restrictions on the property, the Subdivider shall provide copies of such documents to the Town for review and comment. 12. Gross and net densities shall be accurately stated on the FDP. C 13. Add note that fire protection services will be provided by the Frederick/Firestone Fire Protection District and not the Town of Firestone. 14. Outlots A and B shall be re -seeded and maintained by the homeowners' association, as provided in the Subdivider's Agreement. FDP Map Sheets 15. Add a Firestone Information Block to all map sheets. 16, Provide landscaping and irrigation plans for Outlots A, D, and E. Provide lighting detail for signs; light sources shall be concealed from pedestrians' and motorists' "lines of sight". 17. Adjust the structure in the "Typical Building Setbacks Interior Lot Detail" to be consistent with the typicals in Sheet 3 and the specified Section 17.16.070 in the Town Code. 18. Provide typical fencing details. 19. Add an Address Plan sheet. Show addresses on each lot and in tabular form. 20. Add note that no access shall be permitted from Naples Street to Outlots A and C. A barrier consisting of a berm and landscaping boulders shall be installed prevent such access. The detail for the barrier shall be submitted to and approved by the Town Administrator and Town Planner. 21. Six-foot privacy fencing shall be constructed along the lots that abut Outlots A and C. The fencing shall be of a uniform detail. The fencing shall be along all such lots except in the area of the barrier at the end of Naples Street. Final Drainage Report 22. Resubmit in conformance with comments from the Town Engineer. Construction Plans 23. Resubmit in conformance with comments from the Town Engineer. 24. Street lights shall be shown at Lot 4, Block 4 (south); Lot 3, Block 5 (south); and at the south end of Lot 8, Block 5. 25. The Subdivider shall address any stormwater issues related to the area of McClure Avenue and First Street. 4 General 26. A final Preliminary Plat shall to be submitted for the Town file. The final plat can be slightly modified and given a "Preliminary Plat" heading to meet this requirement. 27. An updated Title Commitment shall be provided. 28. A Subdivider's Agreement shall be executed prior to recording of the plat and FDP. 29. Houses shall be constructed to UBC standards. 10/26/2000 316 PM[sjl]F:\OF'FICETimt6ne\Resl'YbcVillwBoa d.res 5 RESOLUTION NO. 00- 5 (o A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR TWO ANNEXATION PETITIONS FILED WITH THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE BROOKS FARMS ANNEXATION TO THE TOWN OF FIRESTONE, AND SETTING A PUBLIC HEARING THEREON. WHEREAS, two petitions for annexation of certain property to be known as the Brooks Farms Annexation, to be annexed in a series, have been filed with the Town Clerk of the Town of Firestone, Colorado, and referred to the Board of Trustees of the Town of Firestone for a determination of substantial compliance with applicable law; and WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the subject properties for annexation and for zoning, if requested in the petitions; and WHEREAS, the Board of Trustees has reviewed the petitions and desires to adopt by Resolution its findings in regard to the petitions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section I. The petitions, the legal descriptions for which are attached hereto as Exhibit A and incorporated herein by reference, are in substantial compliance with the applicable laws of the State of Colorado. Section 2. No election is required under Section 31-12-107(2), C.R.S. Section 3. No additional terms and conditions are to be imposed except any provided for in the petitions. Section 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexations comply with Section 31-12-104, C.R.S. and with Section 31-12-105, C.R.S., and will hold a public hearing to determine the appropriate zoning of the subject properties, if requested in the petitions, at the Firestone Town Hall, 151 Grant Avenue, Firestone, Colorado 80520, on Thursday, December 14, 2000, at 7:30 P.M. Section 5. Any person may appear at such hearing and present evidence relative to the proposed annexations, or the proposed zoning if requested in the petitions. Section b. Upon completion of the hearing, the Board of Trustees will set forth, by resolution, its findings and conclusions with reference to the eligibility of the proposed annexations, and whether the statutory requirements for the proposed annexations have been met, and further, will determine the appropriate zoning of the subject properties if requested in the petitions. Section 7. If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexations are proper under the laws of the State of Colorado, the Board of Trustees may pass one or more ordinances annexing the subject properties to the Town of Firestone, and will pass one or more ordinances zoning the subject properties if requested in the petitions. Section 8. Resolution No. 00-47 is hereby repealed. INTRODUCED, READ, and ADOPTED this CX-P-"day of OC40ber , 2000. Rick Patterson ONE Mayor ATTEST: 04" .S Cheri Andersen Town Clerk 1 02600/1 714[sjIIF:\OFFICE\Firestone\AnneAB rookcsrarm3rds ubCom p.res 4 10 EXHBIT A LEGAL DESCRIPTION Proposed Brooks Farms First Addition: Legal Description of a tract of land being a portion of Lot B of the Recorded Exemption No. 1311-06-2-1708 according to the plat on file in the office of the Clerk and Recorder, County of Weld, State of Colorado being more particularly described as follows: Beginning at the West One Quarter Corner of Section 6, Township 2 North, Range 67 West of the 6th P.M. said County, and considering the West line of the Northwest Quarter of said Section 6 as bearing South 00°24'19" West and with all bearings contained herein relative thereto; thence along the South line of the Northwest Quarter of said Section 6 South 87°20'55" East 1231.74 feet to the Southeast Corner of said Lot B; said point also being the TRUE POINT OF BEGINNING; thence North 08°53'09" West 982.60 feet; thence South 14°11'19" West 982.60 feet to a point on the South line of the Northwest Quarter of said Section 6; thence along said South line South 87°20'55" East 393.05 feet to the TRUE POINT OF BEGINNING. The above described parcel of land contains 4.344 acres more less; And Proposed Brooks Farms First Addition: Legal Description of a tract of land being a portion of Lots A and B of the Recorded Exemption No. 1311-06-2-1708 according to the plat on file in the office of the Clerk and Recorder, County of Weld, State of Colorado and portions of Section 1, Township 2 North, Range 68 West, Section 6, Township 2 North, Range 67 West, Section 31, Township 3 North, Range 67 West, and Section 36, Township 3 North, Range 68 West of the 61h Principal Meridian, Weld County, Colorado being more particularly described as follows: Beginning at the West One Quarter Corner of said Section 6 and considering the West line of the Northwest Quarter of said Section 6 as bearing North 00°24' 19" East and with all bearings contained herein relative thereto; thence along the South line of the Northwest Quarter of said Section 6 South 87°20'55" East 1231.74 feet to the Southeast Corner of said Lot B; said point also being the TRUE POINT OF BEGINNING; thence North 08°53'09" West 982.60 feet; thence South 14011'19" West 982.60 feet to a point on the South line of the Northwest Quarter of said Section 6; thence along said South line North 87°20'55" West 808.67 feet to a point on the East right-of-way line of Weld County Road 13; thence along said East right-of-way line South 00°22'35" West 775.63 feet to a point on the North line of Oak Meadows P.U.D. Filing No. 1 to the Town of Firestone according to the plat on file in the office of the Clerk and Recorder said County; thence along said North line North 87°20'47" West 30.02 feet to the Northeast Corner of Firestone Development Annexation No. 2 according to the plat on file in the office of the Clerk and Recorder said County; thence along said North line North 87°20'47" West 30.02 feet to a point on the West right-of-way line of said Weld County Road 13; thence along said West right- 3 r of -way line North 00°22'35" East 773.26 fe6t; thence continuing along said West right-of-way line North 00°24'19" East 2692.74 feet to a point on the Northerly right-of-way line of Weld County Road No. 26; thence along said Northerly right-of-way line South 89°12'01" East 1301.07 feet; thence departing said Northerly right-of-way line and along the Northerly prolongation of the East line of said Lot B South 01 ° 14'59" West 30.00 feet to the Northeast Corner of said Lot B; thence continuing along said East line South 01 ° 14'59" West 2701.16 feet to the TRUE POINT OF BEGINNING. The above described tract of land contains 76.446 acres more or less. 4 l RESOLUTION NO.00-� A RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN AMENDMENT FOR PHILLIPS 66, LOCATED ON LOT 1, BLOCK 2, KAHN SUBDIVISION, BEING WITHIN THE RAM LAND ANNEXATION PROPERTY. WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a Final Development Plan amendment for the Phillips 66 facility located on Lot 1, Block 2, Kahn Subdivision, lying within the Ram Land Annexation property, to increase the height of an existing, freestanding sign; and WHEREAS, all materials related to the proposed Final Development Plan amendment have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the proposed Final Development Plan amendment, and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed Final Development Plan amendment and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed Final Development Plan amendment should be approved subject to certain conditions; and WHEREAS, the proposed Final Development Plan amendment requests a variance from the Uniform Baseline Design Standards; and WHEREAS, the Board of Trustees finds that a variance to the Uniform Baseline Design Standards should be granted because the current sign is not visible from Interstate 25 given the difference in elevation between the property and the highway; because the lack of visibility of the current sign creates potential safety hazards; because the property provides a unique economic opportunity for the Town and proper signage facilitates business activity on the property; and because the sign is located within an area in which the Uniform Baseline Design Standards allow for building heights in excess of the current sign height; and WHEREAS, because the proposed Final Development Plan amendment requests a variance from the Uniform Baseline Design Standards, the Board of Trustees finds that certain further conditions of approval are necessary to ensure proper administration of the Uniform Baseline Design Standards Comprehensive Development Plan. 1 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees does hereby approve the proposed Final Development Plan amendment for the Phillips '66 facility located on Lot 1, Block 2, Kahn Subdivision, lying within the Ram Land Annexation property, subject to the conditions set forth on Exhibit A, attached hereto and incorporated herein by reference. +h INTRODUCED, READ, and ADOPTED this I �O_ day of 0Ve )[jer , 2000. ATTEST: �-( ONE •O L�'•.•� �. ,oCi 01�11 6VJasc� Cheri Andersen Town Clerk Rick Patterson Mayor EXHIBIT A Conditions of Approval 1. The sign height shall not exceed 50 feet. 2. The sign design and pole type shall remain as currently approved, except that each sign face may be increased to not more than 100 square feet in area. 3. A complete mylar of the FDF as amended shall be provided to the Town for recording. 4. Applicant shall provide information regarding current ownership of the property. 5., ; An as -built of the higher sign shall be provided to the Town with the as -built height of the sign certified to the Town. 6. This approval is subject to all rights of appeal under the Uniform Baseline Design Standards in addition to those provided under state law. The effectiveness of this approval shall be delayed 7 days from the date hereof, pursuant to Sections 8.7.1 and 8.8.1 of such Standards. If an appeal is filed pursuant to such Standards, this approval shall not become effective until the IGA Joint Board of Appeals has made a decision on the appeal. 11/20/20009:15 AM[sjl]F:IOFFICEIFiresionclReslPhillips66FDPAmend.res 3 lu RESOLUTION NO. aQ--,'5$+ SERIES 2000 A RESOLUTION APPROVING A PRELIMINARY SUBDIVISION PLAT FOR THE OVERLOOK AT FIRESTONE, AND A FINAL SUBDIVISION PLAT AND FINAL DEVELOPMENT PLAN FOR THE OVERLOOK AT FIRESTONE, FILING NO.2 WHEREAS, there has been submitted to the Board of Trustees' of the Town of Firestone a request for approval of a Preliminary Subdivision Plat for The Overlook at Firestone, and a Final Subdivision Plat and Final Development Plan for The Overlook at Firestone, Filing No. 2; and WHEREAS, all materials related to the proposed Preliminary Subdivision Plat, Final Subdivision Plat and Final Development Plan have been reviewed by Town Staff and Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the proposed Preliminary Subdivision Plat, Final Subdivision Plat and Final Development Plan and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed Preliminary Subdivision Plat, Final Subdivision Plat and Final Development Plan, and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed Preliminary Subdivision Plat for The Overlook at Firestone, and the proposed Final Subdivision Plat and Final Development Plan for The Overlook at Firestone, Filing No. 2 should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone, Colorado, does hereby approve the Preliminary Subdivision Plat for The Overlook at Firestone, and the Final Subdivision Plat and Final Development Plan for The Overlook at Firestone, Filing No. 2, subject to conditions set forth on Exhibit A attached hereto and incorporated herein by reference. INTRODUCED, READ and ADOPTED this _L(D day of o,,., , 2000. /-10 Rick Patterson Mayor ep�ST2N, ATTEST: ' AA A2 4A I ...... Cheri Andersen Town Clerk EXHIBIT A Preliminary Subdivision Plat, The Overlook at Firestone Final Subdivision Plat & Final Development Plan, The Overlook at Firestone, Filing No. 2 Conditions of Approval Final Plat 1. Add the Town of Firestone Information Block to all sheets. 2. Add to Notes: Lots 3, 4 and 5 of Block 3 are subject to a 150-foot well setback to all structures. 3. McClure Street, by current Town standards, can be constructed as a local street (54-foot R.O.W.) to match the Filing-1 street. 4. A copy of the recorded vacation of the panhandle gas line easement must be provided prior to recording of the plat. 5. The area within Outlot `A' may be reflected on the final plat as a single outlot to be dedicated to the Central Weld County Water District for a master meter, or as two outlots to be dedicated to the Water District for a master meter and to the homeowners' association for an entry feature. The plat notes shall be revised appropriately, and any entry feature shall be consistent with the Filing No. I entry feature and subject to Staff approval. 6. 11th Street should be named "Forest Street". All street names shall be consistent with the Firestone Street Grid. 7. The additional 30-feet of right-of-way being dedicated along Frontier Street shall also be conveyed to the Town via special warranty deed. A legal description for this area needs to be submitted. FDP Mau S. The FDP Text needs to be put on the FDP 24 x 36 Sheets. 9. Add the Town of Firestone Information Block to all sheets. 10. Clarify if there will be an entrance monument at Frontier Street and if so provide a detail for it. 11. The Land Use Table and Residential Densities (and the lots themselves) shall be adjusted to account for any decrease in McClure Street right-of-way. 12. The Development Schedule needs to be updated. 3 N 13. The Address Plan needs to be shown in tabular form as well as on the lots themselves. 14. Add note: Outlot A to be dedicated to the Central Weld County Water District, 15. Note the location and surfacing type for streets, walks and all paved areas. 16. Show the existing 50-foot gas pipeline easement. 17. Block 1 is specifically designed for duplexes only and should be noted as such in the text and on the map. Also, the architectural elevations and schematic drawings for the townhomes, as presented to Planning Commission, shall be added to the FDP. 18. Clarify that all dwelling units will have 2-car garages. 19 11th Street should be named "Forest Street". All street names shall be consistent with the Firestone Street Grid. 20. Clarify fence locations on the plan and also delete references to "Filing-3" in the notes. 21. Clarify what oil well(s) will be screened with the development of Filing-2. Also, confirm that oil wells will be screened using the Town's standard non-combustible fencing detail for such screening. 22. Add street light and mailbox locations to the plan. 23. Clarify how access to lots 6 and 7 of Block 6 will actually function, which information shall be subject to approval by the Town Engineer. Final Drainage Plan 24. Off -site storm sewer along McClure was submitted separately. Conveyance flows, pipe and inlet sizing, hydraulic grade lines and other calculations necessary for establishing this storm sewer pipe run will need to be provided. Construction Plans 25. Modify pursuant to the Firestone Engineer's comments. 26. An updated traffic study shall be provided, and construction plans shall be revised as warranted by the updated study. Additional (Various Documents) 27. The required 50-foot building setback line, pursuant to the Uniform Baseline Design al Standards, shall be shown along Frontier Street (Road 15). 28. In the Utility Section, replace "US West" with "Qwest". 29. Fencing for each of the Lots in Block 6 that abut Lots 6 and 7 in Block 6 shall be installed by the Subdivider prior to the issuance of the certificate of occupancy for such lot; however, the entire fence along these boundaries shall be completed prior to the issuance of the ninth building permit for such lots. 30. A petition for inclusion shall be provided to the Carbon Valley Recreation District. 31. Update the Development Schedule section of the text. 32. Adjust setback information to include provisions for duplexes. 33. A Sub -Area plan for parks, trails and open space shall be provided with the Preliminary Plat and prior to future filings. 34. A right -to -farm disclosure shall be added to the final plat. 35. A cross -access easement shall be provided across the driveway for Lots 6 and 7, Block 6, for the benefit of such Lots. 11/20/2000 9:15 AM[sj1]F:OFFICE\Firestonelsubdiv\OverlookFiIing2Board. res 5 RESOLUTION NO. 00--5-q-_ A RESOLUTION CONCERNING A PETITION FOR THE ANNEXATION OF PROPERTY TO THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE NEIGHBORS ANNEXATION TO THE TOWN OF FIRESTONE, AND FINDING THE AREA PROPOSED TO BE ANNEXED ELIGIBLE FOR ANNEXATION. WHEREAS, a petition for annexation of property described in Exhibit A attached hereto, to be known as the Neighbors Annexation to the Town of Firestone, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to state law, the Town Board has held a hearing and desires to adopt by Resolution its findings in regard to the petition and eligibility for annexation. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Town Board finds and concludes that: It is desirable and necessary that the territory described in Exhibit A attached hereto and incorporated herein be annexed to the Town of Firestone. 2. The requirements of Sections 31-12-104 and 31-12-105, C.R.S., as amended, exist or have been met, including: a. Not less than one -sixth of the perimeter of the area proposed to be annexed is contiguous with the Town of Firestone. b. A community of interest exists between the area proposed to be annexed and the Town of Firestone. The area proposed to be annexed is urban or will be urbanized in the near future. d. The area proposed to be annexed is integrated with or is capable of being integrated with the Town of Firestone. No land within the boundary of the territory proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, has been divided into separate parts or parcels without the written consent of the landowner or landowners thereof, unless such tracts or parcels were separated by a dedicated street, road, or other public way. J f. No land within the boundary of the area proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, comprising twenty acres or more, and which, together with the buildings and improvements situated thereon, has an assessed value in excess of two hundred thousand dollars ($200,000.00) for ad valorem tax purposes for the year next preceding the annexation, has been included within the area proposed to be annexed without the written consent of the landowners. g. No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality. h. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the Town of Firestone more than three miles in any direction from any point of the boundary of the Town of Firestone in any one year. j. The territory proposed to be annexed is 157.485 acres, more or less. k. A plan is in place, pursuant to Section 31-12-105(1)(e), C.R.S. Any portion of a platted street or alley to be annexed will result in the entire width of the street or alley having been included within and made a part of the Town of Firestone and reasonable access will not be denied to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the Town of Firestone but is not bounded on both sides by the Town of Firestone. 3. Four copies of an annexation map of the area proposed to be annexed have been submitted to the Town Board and are on file with the Town. 4. Upon the annexation ordinance becoming effective, all land within the area proposed to be annexed will become subject to all ordinances, resolutions, rules, and regulations of the Town of Firestone, except that general property taxes of the Town of Firestone, if applicable, shall become effective as of the January 1 next ensuing. 5. No election for annexation of the area proposed to be annexed has been held in the preceding twelve months, and no election is required under Sections 31-12-107(2) or -112, C.R.S. 2 6. No additional terms and conditions are to be imposed other than those set forth in the annexation petition or otherwise agreed to by all owners. 7. The landowners of one hundred percent (100%) of the areas proposed to be annexed signed the petition requesting annexation, in compliance with Article II, Section 30 of the Colorado Constitution and Section 31-12-107(1), C.R.S. Section 2. The Town Board concludes that all statutory requirements have been met, that the proposed annexation is proper under the laws of the State of Colorado and the area proposed to be annexed is eligible for annexation to the Town. The Town Board, acting in its legislative capacity and pursuant to authority granted to it by state law, may adopt one or more ordinances annexing the subject property to the Town of Firestone. INTRODUCED, READ, and ADOPTED this I (D day of NveCh�)e r, 2000. ATTEST: Cheri Andersen Town Clerk N Rick Patterson Mayor EXHIBIT A - LEGAL DESCRIPTION (NEIGHBORS ANNEXATION): THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH F.M., WELD COUNTY, COLORADO, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 12, AND CONSIDERING THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 12 AS BEARING N00°E00'00"E AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG SAID WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 12, N00°E00'00" E, 30.00 FEET TO THE NORTH RIGHT-OF-WAY OF WELD COUNTY ROAD 22; THENCE N900E00'00"E, 30.00 FEET TO THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 11; THENCE ALONG SAID EAST RIGHT-OF-WAY LINE N00°E00'00"E, 388.66 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EAST RIGHT-OF-WAY LINE N000E00'00"E, 1982.83 FEET TO THE NORTH LINE OF HURT ANNEXATION NO. 2; THENCE N900E00'00"W, 30.00 FEET TO THE CENTERLINE OF WELD COUNTY ROAD NO. 11 AND THE WEST LINE OF SAID SECTION 12, COMMON WITH THE EAST LINE OF SECTION 11; THENCE S660E59'13"W, 32.59 FEET ALONG THE NORTH LINE OF SAID ANNEXATION TO THE WEST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 11 LOCATED IN SECTION 11; THENCE N00°E00'00"E, 273.30 FEET ALONG SAID RIGHT-OF-WAY TO A POINT 30.00 FEET WEST OF THE WEST ONE QUARTER CORNER OF SAID SECTION 12; THENCE ALONG NORTH LINE OF SOUTHWEST QUARTER S89°E30'55"E, 2750.83 FEET TO THE CENTER OF SECTION 12 (C 1/4); THENCE ALONG EAST LINE OF SAID SOUTHWEST QUARTER S00°E28'02"W, 2652.12 FEET TO THE NORTH LINE OF WELD COUNTY ROAD 22 RIGHT -OF- WAY; THENCE ALONG SAID NORTH RIGHT -OF WAY LINE N89°E04'17W, 1969.70 FEET TO THE SOUTHEAST CORNER OF A PARCEL AS DESCRIBED IN BOOK 1553, PAGES 438 AND 439 OF WELD COUNTY RECORDS; THENCE ALONG SAID DESCRIBED PARCEL THE FOLLOWING FOUR (4) COURSES AND DISTANCES; N00°E00'00"E, 200.00 FEET; N90"E00'00"W, 200.00 FEET; N00°E00'00"E, 200.00 FEET; N900E00'00"W, 499.66 FEET TO THE TRUE POINT OF BEGINNING; CONTAINING 157.485 ACRES, MORE OR LESS. 1 i/I4/2000110:43A3M[sjI]F:OFFICE/Firestone/Annexation/Neighbors2nd.res 4 RESOLUTION NO. QD—(D0 A RESOLUTION REPEALING RESOLUTION NO.00-43 REGARDING THE SUBMITTAL OF DEVELOPMENT APPLICATIONS. WHEREAS, state law authorizes the Town to adopt regulations concerning the annexation, zoning and subdivision of land, and authorizes the Town to allow planned unit developments; and WHEREAS, pursuant to such authorities, the Town has adopted subdivision, zoning and planned unit development regulations as codified in titles 16 and 17 of the Firestone Municipal Code and in the Firestone Development Regulations, as amended; and WHEREAS, by Resolution No. 00-43, the Town adopted certain amendments to the Firestone Development Regulations intended to clarify what constitutes a "valid development application" for purposes of proposed statewide Initiative 256; and WHEREAS, proposed statewide Initiative 256, also referred to as Amendment 24, was defeated by the voters at the November 7, 2000, general election; and WHEREAS, the Board of Trustees finds that, in light of the defeat of Amendment 24, it is unnecessary for the Firestone Development Regulations to contain provisions relating to such Amendment; and WHEREAS, the Board of Trustees therefore desires to repeal Resolution No. 00-43. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Resolution No. 00-43 is hereby repealed. Section 2. Exhibit F of the Firestone Development Regulations is hereby replaced with that form of Exhibit F attached hereto and incorporated herein by reference. (Changes to the form are shown in underline and strikeout.) Section 3. Any valid development application f led pursuant to repealed Section 2.11 of the Firestone Development Regulations may be withdrawn by the applicant upon written request to the Town Administrator. Upon receipt of such request, the Town shall refund any remaining initial deposits or fees submitted with such application and the application shall be deemed withdrawn. If no such withdrawal is requested and no action is taken on such an application within 30 days of the. date of this Resolution, then the application materials, including any remaining deposits or fees, shall be returned to the applicant and the applications shall be deemed withdrawn. Any valid development application filed pursuant to repealed Section 2.11 that is not withdrawn shall be subject to all submittal and processing requirements of the Firestone Development Regulations, as amended by this Resolution and as amended from time to time. Section 4. If any portion of this Resolution is held to be invalid for any reason, such decision shall not affect the validity of the remaining portions of such Resolution. The Town Board hereby declares that it would have approved and adopted such Resolution and each part thereof irrespective of the fact that any one part be declared invalid. Attest: INTRODUCED, READ, and ADOPTED this JCP day of .0OV embe- , 2000. fit' Cheri Andersen Town Clerk TOWN OF FIRESTONE, COLORADO Rick Patterson ��STpN� Mayor SEAL ! 1/14100l4:28PMjsjl]F:1Users15em1WPOocsSFirestonlResUnitiative256ResolutionRepeal K Page 1 of 2 Town of Firestone Development Application File ## In order to begin the Firestone development review process, an applicant may be required to mostattenda required pre - application conference and must submit to the Town Clerk acomplete application as specified in the Firestone Development Regulations. An applicant must also submitto the Town completed Develupilleut Application and DevelopmentFact8l astd an executed Cost Agreement and Funds Deposit Agreement and must pay to the Town all initial deposits or fees required for the application. bc deemed a valid mid coniplete development application tinless and tintil the above itents are received by theTownEHeik. Once an application_ has been determined complete pursuant to the Firestone Development Regulations, the application these f011113 ajeteceived b7tiieTovvi. eleik, with all infbin -d on the fbi ins filled Ott, and thc applicable deposits or fees have been paid, the application shall be considered a valid and complete application wh will be assigned a case number and docketed for further processing. artd'dochrnci�ts listed'in'die specific submittal 0equiternents fbi the type of devcl6ptlient(s� identified on the Bc �rppiicatiorr. Please complete only those items that are related to your specific type of application. Indicate each type of application request filed. Attach additional sheets or information as necessary. Submitthis application with all accompanying materials to Firestone Town Clerk, 151 Grant Avenue, Firestone, Colorado 80520. Name of Applicant Phone Address Name of Property Owner Phone Address Legal Description Applicant's Representative Phone Name of Subdivision Location Existing Zoning Existing Land Use Page 2 of 2 Proposed Zoning Proposed Land Use Indicate the type of application being submitted. Check all boxes that apply. Please refer'to the Firestone Development Regulations regarding the additional documents and information, and the number of copies, which must be submitted for further processing of each application. ❑ Annexation ❑ Rezoning ❑ Outline Development Plan o Preliminary Plat ❑ Final Development Plan ❑ Final Plat ❑ Minor Subdivision ❑ Standard Zoning Development Plan ❑ Preliminary Development Plan ❑ Other Prior to and as the part of the any hither processing of M a valid and complete application, the Town may require submission of additional documents and information as provided in the Firestone Development Regulations and other applicable enactments governing the land useaction requested in theapplication. Further, prior to any granting by the Town of approval of such application, the applicant or its successor is required to comply fully with the Town's comprehensive plan, intergovernmental agreements, subdivision ordinance, zoning ordinance, development regulations, development standards including but not limited to street standards, utility standards, and landscaping standards, buildirigcode, fire code, and other applicable enactments. A validmidcomplete application shall not constitute a "site specific development plan" as that term is defined in state law or Town ordinances, and neither the submission nor approval of such an application shall grant the applicant any vested property right within the meaning of the Constitution and statutes of the State, the ordinances of the Town, or principles of common law. No such vested property right shall be created except by the submittal and approval of a site specific development plan pursuant to the ordinances of the Town (See Chapter 17.42 of the Town Code regarding applications for statutory vested property rights). Applicant Signature Date RESOLUTION NO00-(pI TOWN OF FIRESTONE, COLORADO RESOLUTION TO ADOPT BUDGET A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES FOR EACH FUND AND ADOPTING A BUDGET FOR THE TOWN OF FIRESTONE, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2001 AND ENDING ON THE LAST DAY OF DECEMBER, 2001. WHEREAS, the Board of Trustees of the Town of Firestone has directed T.L. Peterson, Town Administrator, to prepare and submit a proposed budget to said governing body at the proper time, and; WHEREAS, T.L. Peterson, Town Administrator, has submitted a proposed budget to this governing body on October 13, 2000, for its consideration, and; WHEREAS, upon due and proper notice, published or posted in accordance with the law, said proposed budget was open for inspection by the public at a designated place, and interested taxpayers were given the opportunity to file or register any objections to said proposed budget, and; WHEREAS, in accordance with the amendment ("Amendment 1 ") adding Article X, Section 20 to the Colorado Constitution, approved by the voters on November 3, 1992, an "Amendment One Emergency reserve" is included in the budget in a total amount estimated to equal three percent of the Town's fiscal year spending excluding bonded debt service, the final amount to be calculated during 2000 when necessary final information is available to the Town, and; WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues, keeping both within the revenue and spending limitations required by Article X, Section 20 ("Amendment 1"), so that the budget remains in balance as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That the budget as submitted, amended, and as attached to this resolution, be, and the same hereby is approved and adopted as the budget of the Town of Firestone for the year stated above. J .. Section 2. That the budget hereby approved and adopted shall be signed by the Mayor, and made a part of the public records of the Town. ADOPTED THIS SEVENTH DAY OF DECEMBER, 2000. tt. Mayor ATTEST:SfyjN....,'z ,c FL D COJ Town Clerk RESOLUTION NO 00 CoQ , TOWN OF FIRESTONE, COLORADO RESOLUTION TO SET MILL LEVIES A RESOLUTION LEVYING GENERAL PROPERTY TAXES FOR THE YEAR 2000, TO HELP DEFRAY COSTS OF GOVERNMENT FOR THE TOWN OF FIRESTONE, COLORADO, FOR THE 2001 BUDGET YEAR. WHEREAS, the Board of Trustees must certify the mill levy for the 2001 budget year by December 15, 2000, and; WHEREAS, the amount of money necessary to balance the budget for general operating expenses is $160,236, and; WHEREAS, the 2000 valuation for assessment for the Town of Firestone, as certified by the County Assessor, is $21,596,260. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That for the purpose of meeting all general operating expenses of the Town of Firestone during the 2001 budget year, there is hereby levied a tax of 7.420 mills upon each dollar of the total valuation for assessment of all taxable property within -the Town for the year 2000. Section 2. That the Town Clerk is 'hereby authorized and directed to immediately certify to the County Commissioners of Weld County, Colorado, the mill levies for the Town of Firestone as hereinabove determined and set. ADOPTED, this Seventh day of December, 2000.. ATTEST: Mayor Clerk RESOLUTION NO. M- (Da A RESOLUTION ESTABLISHING THE SALARIES FOR THE VARIOUS STAFF POSITIONS, INCLUDING APPOINTED OFFICERS AND EMPLOYEES, EXCLUDING CONTRACT CONSULTANTS, FOR THE FISCAL YEAR ENDING DECEMBER 31, 2001 FOR THE TOWN OF FIRESTONE, COLORADO. WHEREAS, the Board of Trustees of the Town of Firestone, Colorado has adopted a budget for the fiscal year 2001 setting forth revenues and expenditures for said fiscal year; and WHEREAS, certain monies contained in the adopted budget have been designated for salaries for officers and employees of the Town of Firestone, Colorado; NOW THEREFORE BE IT RESOLVED by the Board of Trustees of the Town of Firestone, Colorado that the following salaries be set for the various officers and employees of the Town of Firestone for the fiscal year beginning January 1, 2001 and ending December 31, 2001. Town Administrator $ 3,508.00 per month Town Clerk $ 2,700.00 per month Deputy Town Clerk/Administrator $ 2,581.00 per month Utility Billing Clerk $ 2,020.00 per month Administrative Assistant $ 2,020.00 per month Chief of Police $ 3,416.00 per month Police Sergeant $ 3,000.00 per month Senior Officer $ 2,563.00 per month Patrolmen $ 2,400.00 per month Code Enforcement Officer $ 2,200.00 per month Police/Court Clerk $ 2,280.00 per month Maintenance Supervisor $ 3,025.00 per month Equipment Operator $ 2,550.00 per month Maintenance Assistants $ 2,400.00 per month INTRODUCED, READ AND ADOPTED THIS 14th DAY OF DECEMBER, 2000. Mayor ATTEST: AI• �V l ef'S� - Ol1NTY.G Clerk RESOLUTION NO. 00-(D14 A RESOLUTION APPROVING A MINOR SUBDIVISION FOR THE BOOTH FARM MINOR PLAT WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a minor subdivision for the Booth Farm Conveyance (Minor) Plat, to divide a portion of The Shores Annexation property into two parcels; and WHEREAS, all materials related to the proposed Minor Subdivision Plat have been reviewed by Town Staff and Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the proposed Minor Subdivision Plat and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed Minor Subdivision Plat and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed Minor Subdivision Plat should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1, The Board of Trustees hereby approves the proposed minor subdivision for the Booth Farm Conveyance (Minor) Plat, subject to the conditions set forth on Exhibit A, attached hereto and incorporated herein by reference. IN INTRODUCED, READ AND ADOPTED this day of ece 2000. �gT ON Rick Patterson -••"••� Mayor ATTEST: 0 N z L' Cheri Andersen Town Clerk J r EXHIBIT A Minor Subdivision Plat Conditions of Approval Booth Farm Conveyance (Minor) Plat Minor Plat 1. The title needs to be changed to Minor Subdivision Plat (from Conveyance Plat). All references to Conveyance Plat need to be changed accordingly. 2. The last paragraph in the Ownership and Dedication section can be deleted as it is not applicable to a Minor Plat. 3. Notes 4, 5, and 6 represent generally undefined encumbrances on Parcel B. The matters set forth in these notes shall be dealt with by separate instrument(s) and not addressed on this plat unless the proposed easements and accesses are accurately shown, legally described, and in locations and of designs approved by the Town. Additionally, the use of Parcel B shall provide for roadways, utilities, and other accessory Town recreation or maintenance uses, in addition to park and open space uses. 4. All references to Weld County -Road 13 or WCR 13 shall be changed to Colorado Boulevard (Road 13). 5. The reference the Union Pacific Railroad shall be changed to the Firestone Trail. 6. The adjacent Booth Farms Filing 1 and Filing 2 (pending) lot and street layouts need to be shown so that it can be seen how these parcels relate to the parcels in this minor subdivision in terms of vehicular access from Colorado Boulevard. 7, A Firestone Information Block shall be added. 8. The subdivision plat shall be recorded concurrently with recording of a warranty deed conveying Parcel B of the subdivided property to the Town. Title Commitment 9. Title commitments shall be provided specifically for this Minor Plat and for the proposed conveyance of Parcel B to the Town. The title commitment for the Parcel B conveyance must commit to insure the property at its fair market value and otherwise be acceptable to the Town. The title commitment referenced in Note 3 also shall be provided. 10. Subdivider shall provide any necessary lienholder consents to the subdivision, which shall be in a form acceptable to the Town Attorney. Partial releases of any such liens shall be provided for Parcel B to the conveyed to the Town. 12/14/2000 10:49 AM[sjl]F:IOFFICETirestonelsublBoothFarmConveyancePlatBoard.nes RESOLUTION NO. �(o A RESOLUTION ACCEPTING THE DEDICATION OF A 27-ACRE TRACT OF LAND WITHIN PHASE III OF THE DOLLAGHAN PUD WHEREAS, by Ordinance No. 453, Series 2000, the Board of Trustees approved with conditions a rezoning and outline development plan amendment for an approximately 155-acre parcel located in the North One -Half of Section 7, Township 2 North, Range 67 West of the Oh P.M., which parcel is commonly referred to as Phase III of the Dollaghan PUD and is hereinafter referred to as "Phase III"; and WHEREAS, by Resolution No. 00-52, the Board of Trustees approved with conditions a Minor Subdivision Plat for Phase ill; and WHEREAS, a 27-acre portion of Phase III, legally described as Parcel 1, Dollaghan PUD Phase III Minor Plat, has been proposed for dedication and conveyance for school uses, including but not limited to a middle school, a high school or other education facilities; and, if not used for school or education facilities uses, then for other public uses, including but not limited to parks, trails, open space, and other uses within the Town's PUD CN land use category, in addition to such school and education facilities uses; and WHEREAS, the Town Board deems it in the best interest of the Town and its citizens, and in the best interest of the health, safety and welfare of the community, to formally state its acceptance of such dedication and conveyance for public use. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The dedication and conveyance to the Town of Parcel 1, Dollaghan PUD Phase III Minor Plat, is hereby accepted by the Town of Firestone, Colorado. Parcel 1 shall be held for school and education facilities uses and may be conveyed without election for such purposes to the St. Vrain Valley School District RE-1J or to another public entity providing public education. However, if and at such time as the Town determines that the St. Vrain Valley School District RE- 1J does not desire such Parcel 1 for school or education facilities uses, Parcel 1 shall thereafter be held and used for public uses of the Town, as determined by the Town Board of Trustees from time to time. INTRODUCED, READ, and ADOPTED this 1 L04� day of �ec-c M 6 e-r _ , 2000. Rick Patterson Mayor �c��'pWN'` ATTEST: r Oje-� L+ �O�J,�TI ,G Cheri Andersen Town Clerk 12/12/2000 10:35 AM[sjl]f:1OFFICETirestone\ReslDollaghanDonation.Res RESOLUTION NO.00- U(p SERIES 2000 A RESOLUTION APPROVING FINAL SUBDIVISION PLATS AND DEVELOPMENT PLANS FOR MONARCH ESTATES SUBDIVISION, FIRST AND SECOND FILINGS WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of final subdivision plats and final development plans for Monarch Estates Subdivision, First and Second Filings; and WHEREAS, all materials related to the proposed final subdivision plats and final development plans have been reviewed by Town Staff and Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held properly noticed public hearings on the proposed final subdivision plats and final development plans and has forwarded to the Board of Trustees recommendations of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed final subdivision plats and final development plans and has held a properly noticed public hearing on the applications; and WHEREAS, the Board of Trustees finds that the proposed final subdivision plats and final development plans for Monarch Estates Subdivision, First and Second Filings, should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby approves the proposed Final Subdivision Plats and Final Development Plans for Monarch Estates Subdivision, First Filing, and Monarch Estates Subdivision, Second Filing, subject to the conditions set forth, respectively, on Exhibits A and B, attached hereto and incorporated herein by reference. PASSED AND ADOPTED thisI day of lec.em6ej-, 2000. Rick Patterson Mayor ATTEST: W� (%A,, gj-,l!v3fvl - s 41 Cheri Andersen Town Clerk 121262000 2:25 PM[sjl]F:\OFFICE\Firestone\Subdiv\MonarehFstatesFilingl&2Board.Tes EXHIBIT A Final Subdivision Plat and Final Development Plan Conditions of Approval Monarch Estates Subdivision, First Filing FINAL PLAT 1. Provide a copy of the final easement agreement between the landowner and the Godding Ditch Company. 2. Add Firestone Street Grid names to the Vicinity Map. 3. Show Outlot dedications in the Dedication Statement. 4. A Subdivider's Agreement shall be executed prior to recording of the plat. 5. Add a note that references existing agricultural uses in the area. b. The property shall be included within the Tri-Area Ambulance District and the Carbon Valley Recreation District. FDP 7. The HOA shall be responsible for maintenance of all outlots. 8. Add a detail that shows a taper between the solid privacy fence and the split rail fence. 4. State specific fence colors. 10. Number all map sheets in sequence. 11. Label building setback, right-of-way and easement lines. 12. Confirm entry sign is at a 45 degree angle. 13. Specify the width of the concrete trail as 10 feet from Birch Street to Silverleaf Avenue extended and'as six feet south of such location. 3 14. Adjust the land use table. Landscape Plans 15. Graphic symbol for Type 1 seed needs to be the same on all sheets. 16. Adjust trail location on all sheets to be consistent with the FDP. 17. As noted on Sheet 1, the grass seed specifications shall be Type 1 for the park areas and noted as such on all sheets. 18. Revise plans consistent with comments of Town Engineer. Utility Plans 19. Revise plans consistent with comments of Town Engineer. Traffic Study 24. Provide a Traffic Study to the Town Engineer. 4 EXHIBIT B Final Subdivision Plat and Final Development Plan Conditions of Approval Monarch Estates Subdivision, Second Filing Final Plat 1. Identify existing gas easement. 2. Add a note that references existing agricultural uses in the area. 3. Revise plat consistent with "redline" comments from Town Engineer. 4. A Subdivider's Agreement shall be executed prior to recording of the plat. 5. The property shall be included within the Tri-Area Ambulance District and the Carbon Valley Recreation District. FDP 6. Provide a copy of covenants. 7. All setbacks from roadways and/or property lines shall be specified. 8. Revise FDP consistent with "redline" comments from Town Engineer. 9. The HQA shall be responsible for maintenance of all outlots. 10. Specify the width of the concrete trail as 10 feet from Birch Street to Silverleaf Avenue extended and as six feet south of such location. 11. Adjust the land use table. 12. Show fence location around oil/gas well. Landscape Plans 13. Graphic symbol for Type I seed needs to be the same on all sheets. 14. Adjust -trail location on all sheets to be consistent with the FDP. 15. As noted on Sheet 1, the grass -seed specifications shall be Type 1 for the park areas and noted as such on all sheets. 5 16. Revise plans consistent with comments of Town Engineer. Utility Plans, Drainage Report 17. Revise plans and report consistent with "redline" comments from Town Engineer. Traffic Study 18. Provide a Traffic Study to the Town Engineer. 711 RESOLUTION NO. 00- :b / SERIES 2000 y A RESOLUTION APPROVING A MINOR SUBDIVISION PLAT FOR THE GRANT BROTHERS MINOR SUBDIVISION WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a minor subdivision for the Grant Brothers Minor Subdivision plat; and WHEREAS, all materials related to the proposed Minor Subdivision plat have been reviewed by Town Staff and Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the proposed Minor Subdivision plat and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed Minor Subdivision plat and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed Minor Subdivision plat should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: &Ctian1. The Board of Trustees hereby approves the proposed minor subdivision for the Grant Brothers Minor Subdivision plat, subject to the conditions set forth on Exhibit A, attached hereto and incorporated herein by reference. PASSED AND ADOPTED thisa( hday of �Ieccsrn i�ef , 2000. k��.-•,1NN. -CD •. L' ATTEST: F� UN-N 016 I /Vh/� 5et1 Cheri Andersen Town Clerk Rick Patterson Mayor EXHIBIT A Minor Subdivision Plat Conditions of Approval Grant Brothers Minor Subdivision 1. Preliminary and final development plan approvals shall be obtained prior to the issuance of any building permits, as required by the Town Code and Development Regulations. 2. Any public land dedication for the subdivision, as required by the Annexation Agreement, shall be satisfied by cash -in -lieu of dedication in an amount determined by the Town Board, to be paid prior to the issuance of the first building permit. 3. The water rights dedication requirements of the Annexation Agreement shall be met at or prior to the first of Town approval of a building permit or final development plan. 12/26/2000 2:51 PM[s}I]F:\OFFICE\Firestone\SublO ntBrosMinorPlatBoard.res k RESOLUTION NO. CQ —�QK A RESOLUTION CALLING A SPECIAL ELECTION WHEREAS, the Board of Trustees desires to call a special election pursuant to state law. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Pursuant to C.R.S. sections 31-10-108 and 31-11-104, a special election is hereby called and set for Tuesday, the day of )2001. Section 2. The Board of Trustees shall submit ballot questions or other measures to appear on the ballot of the special municipal election by the adoption of appropriate resolutions or ordinances as required by law. Section 3. The ballot titles for such ballot questions or other measures shall hereinafter be set in accordance with applicable law. Section 4. The special election shall be conducted as a polling place election pursuant to the requirements and procedures of Municipal Code, article 10 of title 31, C.R.S. Attest: INTRODUCED, READ AND ADOPTED this cZ-j 6+day of �P_c_em , 2000. .• owN• SSA L' •o GON; (in, (�Jawm Cheri Andersen Town Clerk l 21800l1409[bt jf:10FFICESFirestanelAnncx\initiativeelection.res TOWN OF FIRESTONE, COLORADO v Rick Patterson Mayor r RESOLUTION NO. C� of A RESOLUTION REGARDING THE SETTING OF A TITLE FOR A PROPOSED BALLOT ISSUE INITIATED BY PETITION WHEREAS, the Town Clerk of the Town of Firestone has received and transmitted to the Board of Trustees a Petition of Initiative initiating a proposed ordinance entitled "AN ORDINANCE OF THE TOWN OF FIRESTONE, AMENDING SECTION 1.08.040 OF THE FIRESTONE MUNICIPAL CODE BY ADDING SECTION 1.08.040 B WHICH WOULD REQUIRE AN AFFIRMATIVE VOTE OF THE TOWN'S REGISTERED ELECTORS, AT A REGULAR OR SPECIAL ELECTION, TO APPROVE ANNEXATIONS TO THE TOWN"; and WHEREAS, THE Board of Trustees has not adopted the proposed ordinance, and shall refer the proposed ordinance, in the form petitioned for, to the registered electors of the Town at a special election; and WHEREAS, the Board of Trustees or its designee is required by state law to fix a ballot title for the initiative and may take various actions related thereto; and WHEREAS, the Board of Trustees desires to determine certain matters with respect to the setting of the ballot title. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF TOWN OF FIRESTONE, COLORADO: Section 1. During a meeting of the Board of Trustees, to be held at Firestone Town Hall on January 11, 2001, at 7:30 p.m., the Board of Trustees will fix a ballot title for the initiative. The ballot title shall be fixed based upon the Petition of Initiative as filed with the Town Clerk on October 31, 2000. Section 2. In fixing the ballot tile for the initiative, the Board of Trustees shall follow the requirements of section 31-11-111, C.R.S., and any other applicable law. Section 3. Any person presenting the initiative petition or any registered elector of the Town who is not satisfied with the ballot title set by the Board of Trustees and who claims that the title does not conform to the criteria of state law may file with the Town Clerk within forty-eight hours after the title is set for motion for rehearing on the ballot title. The hearing shall be conducted pursuant to the requirements and procedures of Chapter L I0 of the Firestone Town Code. Section 4. The Board of Trustees may obtain the assistance of the Town Clerk, Town Attorney, or the Town Administrator in the fixing of the ballot title. INTRODUCED, READ AND ADOPTED this at 4 day of 2000. g•L O1V�'� • p,L • Attest: (Ajas&) Cheri Andersen Town Clerk 121800/ 1329]bt]f:\OFFICEkFirestonelAnncxli nitintiveballottitle.res TOWN OF FIRESTONE, COLORADO Rick Patterson Mayor 2 RESOLUTION NO. 0 1 -0 1 A RESOLUTION DESIGNATING THE PLACE FOR POSTING OF NOTICES OF MEETINGS OF THE BOARD OF TRUSTEES. WHEREAS, Senate Bill 91-33 requires the Town Board to designate the public place or places for posting of notices of public meetings; and WHEREAS, such designation must be made at the first regularly scheduled meeting of each year; and WHEREAS, the Board of Trustees desires by this Resolution to designate the Town Hall and t1qR as the place for posting of notices of meetings of the Board pursuant to Section 24-6-402 (2)(c), C.R.S. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Pursuant to Section 24-6-402 (2)(c), C.R.S., notices of meetings of the Board of Trustees shall be posted in the entryway of the Firestone Town Hall, 151 Grant Avenue, Firestone, Colorado, 80520, INTRODUCED, READ, AND ADOPTED this day of January, 2001. Cheri Andersen, Town Clerk 16. TOWN OF FIRESTONE, COLORADO RESOLUTION NO. +- Series 2001 A RESOLUTION REQUESTING THAT THE UNITED STATES POSTAL SERVICE PROCEED IN A TIMELY FASHION TO INCLUDE ALL OF THE FIRESTONE PLANNING AREA AS DEFINED IN THE FIRESTONE COMPREHENSIVE PLAN, INTO ONE POSTAL ZIP CODE, 80520, AND TO DELIVER ALL MAIL IN THE POSTAL ZIP CODE AREA OF 80520 FROM THE FIRESTONE POST OFFICE WHEREAS, the Town of Firestone has defined in the Comprehensive Plan of the Town of Firestone its future urban growth area; and . WHEREAS, at this time only a small portion of that growth area is served by postal zip code 80520; and WHERAS, the Town of Firestone as of this date has approximately 900 acres of developed residential property consisting of approximately 850 residential units, and has other areas developed for commercial, office, industrial and other uses, and WHEREAS, the population in the developed area is estimated at 2,300 people; and WHEREAS, there are within the Town an estimated additional 2,000 residential units platted and eligible for building permits; and WHEREAS, there are approximately 3600 additional acres in various phases of the Town's development process; and WHEREAS, there is a total of approximately 500 acres. zoned for future commercial, industrial, and employment center uses currently within the limits of the Town; and WHEREAS, the is a total of approximately 11,700 acres of developable land included within the future urban growth area as identified in the Comprehensive Plan, and WHEREAS, the Town desires to provide the best possible service, including postal service, to its residents; and WHEREAS, currently residents within newly developed areas of Town must travel 15 miles to the Longmont Post Office to pick up registered mail, certified mail, and large parcels, and WHEREAS, residents could easily travel 1 to 2 miles to the Firestone Post Office to conduct their postal business, and have expressed desires to use this more convenient alternative, and WHEREAS, there is no community of interest for Firestone residents in having their postal needs serviced from a separate community 15 miles from their homes; and WHEREAS, due to differences between mailing address zip code and jurisdictional location, there has been considerable confusion regarding the collection of various taxes and fees due to the Town, such as vehicle registration fees, sales taxes on purchases delivered to homes within the Town,, and use taxes on purchases of -new vehicles, and WHEREAS, the Town is loseing undetermined amounts of revenue due to the confusion caused by the differences between mailing address zip code and jurisdictional location, and WHEREAS, there have been serious problems with mail delivery, USPS parcel delivery, as well as all United Parcel Service and Federal Express delivery, due to conflicting zip code and town information for developed areas within the Town, and WHEREAS, these problems will increase as new areas are developed in Firestone but remain in other postal service areas and zip codes WHEREAS, the sooner these problems are rectified, with the inclusion of all of the Town of Firestone growth area into the single 80520 zip code area, the more efficiently the changes can be implemented and postal service can be provided to residents, and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLOR -ADO: Section 1. The Board of Trustees hereby formally requests that the United States Postal Service change the boundaries of the 80520 zip code to include all of the Firestone Future Growth Area, as shown on the Firestone Comprehensive Plan Map Amendment dated July 22, 1999. Section 2. That the entire new 80520 zip code area be serviced with full delivery from the Firestone Post Office, beginning immediately. Section 3. That the current Firestone Post Office facility be expanded and upgraded to service the needs of the Town of Firestone, both now and in the future. Section 4. That the United States Postal Service act on the Town's requests as soon as possible in order to provide the postal services needed by the Town and residents. READ, APPROVED, ATTEST: &jtv5e0LJ l Cheri Andersen, Town Clerk PTED this 'day of oat , 2001. %. OWN: c •W" '•. cO� tch" Walb, Mayor Pro-Tem RESOLUTION NO. 01-0,-�_ A RESOLUTION APPROVING SPECIAL USE PERMITS FOR FOUR OIL AND GAS WELLS WHEREAS, Patina Oil & Gas Corporation ("Patina") has submitted to the Board of Trustees of the Town of Firestone requests for approval of special use permits to locate four oil and gas wells within the Town; and WHEREAS, the wells proposed to be located within the Town include the Rocky Mountain Fuel V 19-3Ji Well, Rocky Mountain Fuel V 19-4Ji Well, Rocky Mountain Fuel V 19-5Ji Well, and Rocky Mountain Fuel V 19-15Ji Well, the locations of which are more particularly described in Exhibit A hereto; and WHEREAS, Patina has submitted applications and supporting materials pursuant to Chapter 15.48 of the Firestone Municipal Code; and WHEREAS, all materials related to the proposed special use permits for the four oil and gas wells have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision, zoning and oil and gas ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the proposed special use permits and has forwarded to the Board of Trustees a recommendation of approval; and WHEREAS, the Board of Trustees has duly considered the proposed special use permits, and has held a properly noticed public hearing on the applications; and WHEREAS, the Board of Trustees finds that the proposed special use permits for four oil and gas wells, referred to as the Rocky Mountain Fuel V 19-3Ji, Rocky Mountain Fuel V 19-4Ji, Rocky Mountain Fuel V 19-5Ji, and Rocky Mountain Fuel V 19-15Ji wells, should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees does hereby approve the special use permit requests of Patina for location of the Rocky Mountain Fuel V 19-3Ji Well, the Rocky Mountain Fuel V 19- 4Ji Well, the Rocky Mountain Fuel V 19-5Ji Well, and the Rocky Mountain Fuel V 19-15Ji Well within the Town of Firestone, in the locations more particularly described in Exhibit A hereto, and subject to the -following conditions which are applicable to each: The new production facilities, as developed or modified, shall be of a low profile style, with a maximum height not to exceed twelve (12) feet. Existing tank batteries may be maintained at their existing heights, but shall be subject to a 12-foot height limit if replaced. 2. The Town's special use approval shall expire on the date of expiration of the Oil and Gas Conservation Commission Permit to drill the well or one year from the date of Town approval, whichever is later, if operations for the well are not commenced by such date. In the event special use approval expires, the Applicant shall apply for a new special use permit pursuant to Chapter 15.48 of the Firestone Town Code. 3. Oil and gas operations shall be conducted in compliance with all federal, state, and local laws, rules and regulations, including but not limited to the Colorado Oil and Gas Conservation Commission permit for such well and the final special use permit application materials approved by the Town Board, which materials will be incorporated therein by reference. Applicant shall provide to the Town copies of all state approved permits and subsequent notices filed with the state and affecting the well. 4. Prior to entering the site, Applicant shall obtain from the Town necessary building permits and notices to proceed. 5. Prior to moving the drilling rig onto the well site, Applicant shall obtain from the Town and Weld County necessary permits to move the drilling rig equipment within the Town and County. 6. Applicant shall provide to the Town copies of any executed surface damage agreements or memoranda thereof respecting operation of the well. 7. In the exercise of its rights pursuant to this special use approval, Applicant shall avoid any damage or interference with any Town installations, structures, utilities, or improvements. Applicant shall be responsible for all damages to such interests of the Town which are caused by the Applicant. 8. Applicant at its sole expense shall control fugitive dust at the well site and on access roads on an as -needed basis. Methods and chemicals used for dust control shall comply with Town ordinances and regulations. 9. The oil/gas well facilities shall utilize setbacks as specified in the Colorado Oil and Gas Conservation Commission Rules and Regulations or the Firestone Town Code, whichever is more restrictive. 10. The well site area shall be secured and screened by chain link fencing with "solid" tan aluminum or vinyl lathing. N 11. Water sources for drilling activities shall be from the Town of Firestone, if a water tap is utilized. 12. All construction traffic, including construction employees, shall access the well site only to and from routes not using Road 18 west of Road 15. 13. Machinery at the site shall be well-oiled and well -maintained to mitigate noise. 14. Encourage the Applicant to work with the surface owner to develop permanent berms around or in the vicinity of the well areas for visual screening. 15. To the extent reasonably possible, orient the drill rig and associated motors and exhaust systems such that they point away from existing residences in the vicinity. 16. Drill rigs shall, to the extent reasonably possible, be equipped with higher quality noise reducing mufflers. 17. During drilling, use a tarp around drilling floor and drawworks to muffle sound. 18. Schedule deliveries to and from the site to arrive or depart during daylight hours to the extent reasonably possible. 19. To the extent reasonably possible, keep the door to the drill rig engine closed. INTRODUCED, READ, AND ADOPTED this cZeday of VAnuoLr , 2001. ATTEST: Cheri Andersen Town Clerk I<3 TOWN OF FIRESTONE, COLORADO Rick Patterson Mayor EXHIBIT A: Well Locations The approximate location of the Rocky Mountain Fuel V 19-3Ji Well is 1998 feet from the north line and 1623 from the west line of Section 19, Township 2 North, Range 67 West, 6th P.M., being located in the SE114NW1/4 of said Section 19. Said location is in the NW Quarter of said Section 19, lying southeast of the intersection of Roads 13 and 20. The approximate location of the Rocky Mountain Fuel V 19-4Ji Well is 2025 feet from the north line and 1604 from the west line of Section 19, Township 2 North, Range 67 West, 6th P.M., being located in the SE1/4NW114 of said Section 19. Said location is in the NW Quarter of said Section 19, lying southeast of the intersection of Roads 13 and 20. The approximate location of the Rocky Mountain Fuel V 19-5Ji Well is 2051 feet from the north line and 1585 from the west line of Section 19, Township 2 North, Range 67 West, 6th P.M., being located in the SEl/4NW1/4 of said Section 19. Said location is in the NW Quarter of said Section 19, lying southeast of the intersection of Roads 13 and 20. The approximate location of the Rocky Mountain Fuel V 19-15Ji Well is 1123 feet from the east line and 1561 from the south line of Section 19, Township 2 North, Range 67 West, 6th P.M., being located in the SWl/4SE1/4 of said Section 19. Said location is in the SE Quarter of said Section 19, lying northwest of the intersection of Roads 18 and 15. V23/2001 12:16 PMtbt)F:OFFICE\Firestone\Resolution\PatinaWells.res. 4 RESOLUTION NO. 01-� A RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN FOR THE SAFEWAY FUELING FACILITY, LOT 7, FIRESTONE SAFFEWAY SUBDIVISION. WHEREAS, Safeway Stores 45, Inc. has submitted to the Board of Trustees of the Town of Firestone a request for approval of a Final Development Plan for a gas station, car wash and convenience store located on Lot 7, Firestone Safeway Subdivision; and WHEREAS, all materials related to the proposed Final Development Plan have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the proposed Final Development Plan and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed Final Development Plan, and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed Final Development Plan for a gas station, car wash, and convenience store on Lot 7, Firestone Safeway Subdivision, should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Spetinn 1. The Board of Trustees of the Town of Firestone, Colorado, does hereby approve the proposed Final Development Plan for a gas station, car wash and convenience store located on Lot 7, Firestone Safeway Subdivision, subject to the conditions set forth on Exhibit A, attached hereto and incorporated herein by reference. INTRODUCED, READ, AND ADOPTED this &day of-Jknock , 2001. TOWN OF FIRESTONE, COLORADO Rick Patterson Mayor `Q6g"[ ONE •. ATTEST: $lei A. �M�A h ••.....••_ G Cheri Andersen Town Clerk EXHIBIT A Final Development Plan Conditions of Approval Safeway Fueling Facility I. The Firestone Safeway Subdivision final plat and Safeway Shopping Center overall final development plan shall be recorded with or prior to recording of the FDP for the Safeway Fueling Facility. 2. Throughout the FDP document, reference Firestone Street names for Firestone Streets and identify Road 13 to the west of the facility as such (not Weld County Road 13). 3. On the north side of the entrance road from Road 13, create a "mirror image" of the landscape shrub planning area shown on the master Safeway landscape plan south of the entrance Road 13. Adjust irrigation plan accordingly. 4. The development schedule text needs to be consistent with the Development Schedule indicated on the Plan Map Sheets. S. Revise documents consistent with redline comments of Town Engineer. 1/8/2001 12:27 PM[bl]F:IOFFICB1Firestonc\Subdiv\SafewayGasBoard.res A RESOLUTION NO. 0 1 - 05 A RESOLUTION CONCERNING TWO PETITIONS FOR THE ANNEXATION OF PROPERTY TO THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE BROOKS FARM ANNEXATION TO THE TOWN OF FIRESTONE, AND FINDING THE AREAS PROPOSED TO BE ANNEXED ELIGIBLE FOR ANNEXATION. WHEREAS, two petitions for annexation of property described in Exhibit A attached hereto, to be known as the Brooks Farm Annexation to the Town of Firestone, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to.state law, the Town Board has held a hearing and desires to adopt by Resolution its Endings in regard to the petitions and eligibility for annexation. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Town Board finds and concludes that: It is desirable and necessary that the territory described in Exhibit A attached hereto and incorporated herein be annexed to the Town of Firestone. 2. The requirements of Sections 31-12-104 and 31-12-105, C.R.S., as amended, exist or have been met, including: Not less than one -sixth of the perimeter of the area proposed to be annexed is contiguous with the Town of Firestone; in accordance with Section 31-12- 104(1)(a), C.R.S., contiguity may be established by the annexation of the two parcels in a series. b. A community of interest exists between the areas proposed to be annexed and the Town of Firestone. C. The areas proposed to be annexed are urban or will be urbanized in the near future. d. The areas proposed to be annexed are integrated with or is capable of being integrated with the Town of Firestone. C. No land within the boundary of the territory proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, has been divided into separate parts or parcels without the written consent of the landowner or landowners thereof, unless such tracts or parcels were separated by a dedicated street, road, or other public way. f. No land within the boundary of the area proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, comprising twenty acres or more, and which, together with the buildings and improvements situated thereon, has an assessed value in excess of two hundred thousand dollars ($200,000.00) for ad valorem tax purposes for the year next preceding the annexation, has been included within the area proposed to be annexed without the written consent of the landowners. g. No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality. h. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. i. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the Town of Firestone more than three miles in any direction from any point of the boundary of the Town of Firestone in any one year. j. The territory proposed to be annexed is comprised of two separate parcels have areas as follows: Brooks Farm First Addition, 4.344 acres, more or less; Brooks Farm Second Addition, 76.446 acres, more or less. k. A plan is in place, pursuant to Section 31-12-105(1)(e), C.R.S. Any portion of a platted street or alley to be annexed will result in the entire width of the street or alley having been included within and made a part of the Town of Firestone and reasonable access will not be .denied to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the Town of Firestone but is not bounded on both sides by the Town of Firestone. 3. Four copies of an annexation map of the areas proposed to be annexed have been submitted to the Town Board and are on file with the Town. M 4. Upon the annexation ordinances becoming effective, all land within the areas proposed to be annexed will become subject to all ordinances, resolutions, rules, and regulations of the Town of Firestone, except that general property taxes of the Town of Firestone, if applicable, shall become effective as of the January l next ensuing. S. No election for annexation of the areas proposed to be annexed has been held in the preceding twelve months, and no election is required under Section 31-12-107(2) or- 112, C.R.S. 6. No additional terms and conditions are to be imposed other than those set forth in the annexation petition or otherwise agreed to by all owners. 7. The landowners of one hundred percent (100%) of the areas proposed to be annexed signed the petition requesting annexation, in compliance with Article 11, Section 30 of the Colorado Constitution and Section 31-12-107(1), C.R.S. Section 2. The Town Board concludes that all statutory requirements have been met, that the proposed annexations are proper under the laws of the State of Colorado and that the areas proposed to be annexed are eligible for annexation to the Town. The Town Board, acting in its legislative capacity and pursuant to authority granted to it by state law, may adopt one or more ordinances annexing the subject properties to the Town of Firestone. INTRODUCED, READ, and ADOPTED this ��day of Gc UQi' , 2001. ATTEST: Cheri Andersen Town Clerk ONE Q;.•0�1 N .�.. 5 3 Rick Patterson ,Mayor, EXHBIT A LEGAL DESCRIPTION Proposed Brooks Farm First Addition: Legal Description of a tract of land being a portion of Lot B of the Recorded Exemption No. 1311- 06-2-1708 according to the plat on file in the office of the Clerk and Recorder, County of Weld, State of Colorado being more particularly described as follows: Beginning at the West One Quarter Corner of Section 6, Township 2 North, Range 67 West of the 61h P.M. said County, and considering the West line of the Northwest Quarter of said Section 6 as bearing South 00'24' 19" West and with all bearings contained herein relative thereto; thence along the South line of the Northwest Quarter of said Section 6 South 87°20'55" East 1231.74 feet to the Southeast Corner of said Lot B; said point also being the TRUE POINT OF BEGINNING; thence North 08°53'09" West 982.60 feet; thence South 14' 11' 19" West 982.60 feet to a point on the South line of the Northwest Quarter of said Section 6; thence along said South line South 87°20'55" East 393.05 feet to the TRUE POINT OF BEGINNING. The above described parcel of land contains 4.344 acres more less; And Proposed Brooks Farm Second Addition: Legal Description of a tract of land being a portion of Lots A and B of the Recorded Exemption No. 1311-06-2-1708 according to the plat on file in the office of the Clerk and Recorder, County of Weld, State of Colorado and portions of Section 1, Township 2 North, Range 68 West, Section 6, Township 2 North, Range 67 West, Section 31, Township 3 North, Range 67 West, and Section 36, Township 3 North, Range 68 West of the 61h Principal Meridian, Weld County, Colorado being more particularly described as follows: Beginning at the West One Quarter Corner of said Section 6 and considering the West line of the Northwest Quarter of said Section 6 as bearing North 00*24' 19" East and with all bearings contained herein relative thereto; thence along the South line of the Northwest Quarter of said Section 6 South 87°20'55" East 1231.74 feet to the Southeast Corner of said Lot B; said point also being the TRUE POINT OF BEGINNING; thence North 08°53'09" West 982.60 feet; thence South 14' 11'19" West 982.60 feet to a point on the South line of the Northwest Quarter of said Section 6; thence along said South line North 87020'55" West 808.67 feet to a point on the East right-of-way line of Weld County Road 13; thence along said East right-of-way line South 00°22'35" West 775.63 feet to a point on the North line of Oak Meadows P.U.D. Filing No. 1 to the Town of Firestone according to the plat on file in the office of the Clerk and Recorder said County; thence along said North line North 87°20'47" West 30.02 feet to the Northeast Corner of Firestone Development Annexation No. 2 according to the plat on file in the office of the Clerk and Recorder said County; thence along said North line North 87°20'47" West 30.02 feet to a point on the West right-of-way line of said Weld County Road 13; thence along said West right-of-way line North 00°22'35" East 773.26 feet; thence continuing along said West right-of-way line North 00°24' 19" East 2692.74 feet to a point on the Northerly right-of-way line of Weld County Road No. 26; thence along said Northerly right-of-way 4 line South 89° 12'01" East 1301.07 feet; thence departing said Northerly right-of-way line and along the Northerly prolongation of the East line of said Lot B South 01°14'59" West 30.00 feet to the Northeast Corner of said Lot B; thence continuing along said East line South 01°14'59" West 2701.16 feet to the TRUE POINT OF BEGINNING. ' The above described tract of land contains 76.446 acres more or less. 1/23MM 11:21 AM[sjl]F:OFFICFJFirestone/Annexation/BrooksFarmEligibility.res M RESOLUTION NO. Q I - O(p A RESOLUTION FIXING A BALLOT TITLE AND SUBMITTING A BALLOT QUESTION TO A VOTE OF THE REGISTERED ELECTORS OF THE TOWN OF FIRESTONE AT THE SPECIAL ELECTION TO BE HELD APRIL 3, 2001. WHEREAS, the Town Clerk of the Town of Firestone has received and transmitted to the Board of Trustees a Petition of Initiative initiating a proposed ordinance entitled "AN ORDINANCE OF THE TOWN OF FIRESTONE, AMENDING SECTION 1.08.040 OF THE FIRESTONE MUNICIPAL CODE BY ADDING SECTION 1.08.040 B WHICH WOULD REQUIRE AN AFFIRMATIVE VOTE OF THE TOWN'S REGISTERED ELECTORS, AT A REGULAR OR SPECIAL ELECTION, TO APPROVE ANNEXATIONS TO THE TOWN"; and WHEREAS, the Board of Trustees has not adopted the proposed ordinance and will refer the proposed ordinance, in the form petitioned for, to the registered electors of the Town at a special election to be held April 3, 2001; and WHEREAS, the Board of Trustees or its designee is required by state law to fix a ballot title for the initiative and, by Resolution No. 00-69, the Board of Trustees determined that it would set the ballot title on the initiative; and WHEREAS, the Board of Trustees desires to fix the ballot title for the initiative and submit a ballot question thereon to the registered electors of the Town; and WHEREAS, the Board of Trustees has duly considered the criteria under state law for the setting of the ballot title, and has considered the ballot title at regular public meetings on January 1 I and 25, 2001, at which interested parties were allowed to comment on the ballot title. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF TOWN OF FIRESTONE, COLORADO: Section 1. The following ballot question, certified in substantially the same form set forth below, is hereby referred to the registered electors of the Town and shall appear on the ballot of the Town of Firestone special municipal election to be held April 3, 2001: Ballot Question 1 SHALL THE TOWN OF FIRESTONE ADOPT AN ORDINANCE STATING THAT, FROM AND AFTER JUNE 19, 2000, NO TERRITORY SHALL BE ANNEXED TO THE TOWN OF FIRESTONE UNLESS AND UNTIL SUCH ANNEXATION HAS BEEN SUBMITTED TO A VOTE OF THE TOWN'S REGISTERED ELECTORS, AT A REGULAR OR SPECIAL ELECTION, AND APPROVED BY A MAJORITY OF THE REGISTERED ELECTORS VOTING THEREON; AND FURTHER, THAT THE COSTS OF SUCH ELECTION, OR PORTION THEREOF ATTRIBUTIBLE TO ANY ANNEXATION QUESTION, SHALL BE PAID TO THE TOWN, IN ADVANCE OF THE HOLDING OF THE ELECTION, BY THE APPLICANT FOR ANNEXATION; AND FURTHER, THAT NO ANNEXATION QUESTION SHALL BE SUBMITTED TO A VOTE UNLESS AND UNTIL THE APPLICANT FOR ANNEXATION HAS POSTED WITH THE TOWN, IN A FORM SATISFACTORY TO THE TOWN ATTORNEY, A BOND OR OTHER FORM OF SECURITY SUFFICIENT TO REIMBURSE THE TOWN FOR THE COST OF PROCESSING AND CONSIDERING THE ANNEXATION, AS WELL AS THE COST TO THE TOWN OF EXTENDING STREETS, UTILITIES, AND OTHER NECESSARY INFRASTRUCTURE TO THE PROPERTY PROPOSED TO BE ANNEXED? YES NO Section 2. Any person presenting the initiative petition or any registered elector of the Town who is not satisfied with the ballot title set herein by the Board of Trustees and who claims that the title does not conform to the criteria of state law may file with the Town Clerk within forty- eight hours after the title is set a motion for rehearing on the ballot title. The hearing shall be conducted pursuant to the requirements and procedures of Chapter 1.10 of the Firestone Town Code. Section 3. The Board of Trustees may submit additional ballot questions or other referred measures to appear on the ballot of the April 3, 2001, special municipal election by the adoption of an appropriate resolution or ordinance as required by law. Section 4. The officers and employees of the Town are hereby authorized and directed to take all necessary and appropriate actions to effectuate the provisions of this Resolution in accordance with Colorado law. INTRODUCED, READ AND ADOPTED this �'Sday of -amua )2001. TOWN OF FIRESTONE, COLORADO 14 Rick Patterson Mayor ' S, ' A ' Attest: m ro. ,.COLCQ, Cheri Andersen Town Clerk 1/25/2001 5:18 PM[sjl]FaOFFICETirestonelAnnexlinitiativeballottitlel.res RESOLUTION NO. A RESOLUTION SUBMITTING ADVISORY BALLOT QUESTIONS TO A VOTE OF THE REGISTERED ELECTORS OF THE TOWN OF FIRESTONE AT THE SPECIAL ELECTION TO BE HELD APRIL 3, 2001. WHEREAS, the Town Clerk of the Town of Firestone previously received and transmitted to the Board of Trustees a Petition of Initiative initiating a proposed Ordinance No. 460, which would require an affirmative vote of the Town's registered electors, at a regular or special election, to approve annexations to the Town; and WHEREAS, the Board of Trustees has not adopted the proposed ordinance and has referred the ordinance, in the form petitioned for, to the registered electors of the Town; and WHEREAS, the Board of Trustees by Resolution No. 00-68 has called a special election for April 3, 2001, to be conducted in accordance with the Municipal Election Code, C.R.S. §31-10-101 et se .; and WHEREAS, the Board of Trustees by Resolution No. 01-_Q�o has fixed a ballot title for the initiated measure and has submitted to the registered electors at the special election a ballot question regarding the initiated measure; and WHEREAS, because it purports to apply to past annexations, the proposed initiative may impact properties that have already been annexed to the Town in compliance with applicable laws; and WHEREAS, the purported retroactive nature of the proposed initiative unnecessarily puts the Town at risk for claims of damages, and Town Staff estimates these damage claims may be in excess of $12,000,000; and WHEREAS, the proposed initiative also unnecessarily puts the Town at risk for claims of breach of the Interim Coordinated Planning Agreement among Weld County, Frederick, Firestone and Dacono, which Agreement has won the Governor's Smart Growth Award and which Agreement already places strict annexation limits upon the Town; and WHEREAS, the proposed initiative, if adopted, will also unnecessarily cause the Town to incur substantial attorneys' fees, costs of suit, and administrative costs to administer the ordinance and defend against claims related to the ordinance; and WHEREAS, the Board of Trustees has determined that it is appropriate to refer to the registered electors of the Town several questions related to these potential planning and economic impacts of the proposed initiative upon the Town, its citizens and taxpayers; and WHEREAS, the Board of Trustees has determined that such questions should be referred to the registered electors as advisory questions only and, therefore, the advisory questions and the voting results on these questions shall not require any particular action by the Town Board or prevent the Town Board from acting in any manner contrary to the voting results; and WHEREAS, the Board of Trustees by this Resolution desires to fix the ballot titles for the advisory questions, and to refer the advisory questions to the registered electors of the Town at the April 3, 2001, special election; and WHEREAS, the Board of Trustees has duly considered the criteria under state law for the setting of ballot titles and has considered the ballot titles fixed herein at a regular public meeting at which interested parties were allowed to comment on the ballot titles. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF TOWN OF FIRESTONE, COLORADO: Section 1. The following ballot questions, certified in substantially the same form set forth below, are hereby referred to the registered electors of the Town and shall appear on the ballot of the Town of Firestone special municipal election to be held April 3, 2001: Ballot Question 2 THERE MAY BE SIGNIFICANT LIABILITY ASSOCIATED WITH THE PASSAGE OF BALLOT QUESTION 1, THE INITIATED ORDINANCE REQUIRING AN ELECTION FOR ALL ANNEXATIONS. IF YOU VOTE FOR INITIATED BALLOT QUESTION 1, OR IF INITIATED BALLOT QUESTION 1 IS APPROVED, HOW WOULD YOU PREFER TO PAY FOR THE COSTS OF ANY JUDGMENT OR OTHER LEGAL LIABILITY COSTS THAT MAY RESULT FROM THE PASSAGE OF BALLOT QUESTION 1? (Vote for One) PROPERTY TAX INCREASE UP TO AN ADDITIONAL 10 MILLS AS ALLOWED BY COLORADO LAW TO 17.42 MILLS UNTIL ALL COSTS ARE PAID (THE CURRENT FIRESTONE MILL LEVY IS 7.42). SALES TAX INCREASE OF UP TO 1-112% UNTIL ALL COSTS ARE PAID (THE CURRENT FIRESTONE SALES TAX RATE IS 2.0% AND THE TOTAL SALES TAX RATE IS 5.0%). 2 Ballot Question 3 THE TOWN OF FIRESTONE ESTIMATES THAT LEGAL FEES AND COSTS ASSOCIATED WITH THE PASSAGE OF BALLOT QUESTION 1, THE INITIATED ORDINANCE REQUIRING AN ELECTION FOR ALL ANNEXATIONS, MAY POTENTIALLY REACH $250,000 TO DEFEND LEGAL CLAIMS, INCLUDING CLAIMS OF BREACH OF THE INTERIM COORDINATED PLANNING AGREEMENT AMONG FIRESTONE, WELD COUNTY, FREDERICK AND DACONO THAT ALREADY ESTABLISHES STRICT ANNEXATION LIMITS FOR THE TOWN. IN THE EVENT OF PASSAGE OF INITIATED BALLOT QUESTION 1, HOW WOULD YOU PREFER TO PAY FOR THE LEGAL FEES AND COSTS THAT MAY BE INCURRED FOR DEFENSE OF SUCH CLAIMS RESULTING FROM THE PASSAGE OF BALLOT QUESTION 1? (Vote for One) PROPERTY TAX INCREASE UP TO AN ADDITIONAL 10 MILLS AS ALLOWED BY COLORADO LAW TO 17.42 MILLS UNTIL ALL COSTS ARE PAID (THE CURRENT FIRESTONE MILL LEVY IS 7.42). SALES TAX INCREASE OF 1-1/2% UNTIL ALL COSTS ARE PAID (THE CURRENT FIRESTONE SALES TAX RATE IS 2.0% AND THE TOTAL SALES TAX RATE IS 5.0%). Section 2. Any registered elector of the Town who is not satisfied with a ballot title set herein by the Board of Trustees and who claims that the title does not conform to the criteria of state law may file with the Town Clerk within forty-eight hours after the title is set a motion for rehearing on the ballot title. The hearing shall be conducted pursuant to the requirements and procedures of Chapter 1.10 of the Firestone Town Code. Section 3. The Board of Trustees may submit additional ballot questions or other referred measures to appear on the ballot of the April 3, 2001, special municipal election by the adoption of an appropriate resolution or ordinance as required by law. Section 4. The officers and employees of the Town are hereby authorized and directed to take all necessary and appropriate actions to effectuate the provisions of this Resolution in accordance with Colorado law. INTRODUCED, READ AND ADOPTED this ��day of V0.nVgr , 2001. 3 TOWN OF FIRESTONE, COLORADO Rick Patterson Mayor fi, �VT ;SEAL: Attest. o V00-% ;• .• et:[ Omease Cheri Andersen Town Clerk In4n001 4:13 AM[sjl]F:\OFFICE\Firestone\Annex\iniliativeadvisoryQs.res 4 RESOLUTION NO. D I g SERIES 2001 A RESOLUTION APPROVING A MINOR SUBDIVISION PLAT FOR LOTS 8 AND 9, BLOCK 1, DEL CAMINO JUNCTION BUSINESS PARK P.U.D WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a minor subdivision plat for Lots 8 and 9, Block 1, Del Camino Junction Business Park P.U.D., to replat and adjust the boundary line between such Lots; and WHEREAS, all materials related to the proposed minor subdivision plat have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the proposed minor subdivision plat and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed minor subdivision plat and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed minor subdivision plat should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby approves the proposed minor subdivision plat for Lots 8 and 9, Block 1, Del Camino Junction Business Pak P.U.D., subject to the conditions set forth on Exhibit A, attached hereto and incorporated herein by reference. PASSED AND ADOPTED this $ day of FebruAr , 2001. Rick Patterson Mayor ,gip N `•. ATTEST: X • 5� Occ L • e4sc �t74.�� Cheri Andersen Town Clerk EXHIBIT A Minor Subdivision Plat Conditions of Approval Lots 8 and 9, Block 1, Del Camino Junction Business Park P.U.D. 1. All references to the minor plat and the title need to be changed to "DEL CAMINO JUNCTION BUSINESS PARK MINOR PLAT". 2. The lot numbers need to be changed to match the original lot numbers (8 and 9). 3. The reference to US West in the dedication statement needs to be changed to Qwest. 4. Label the PC on the property line curve on Lot 8. 5. There is an existing sanitary sewer line located in the 44' Drainage and Utility Easement. Dash this line in and provide a dimension from the new lot line. 6. Modify the signature blocks to reflect the current owners of both lots and for any lien holders (necessary because of the easement dedication). 7. Revise plat consistent with red -line comments of the Town Engineer. 2/8/2001 5:02 PM[sj1]F:\OFFICE\Firestone\sub\DelCaminoJunction MinorPlatBoard.res 91 RESOLUTION NO. l - d A RESOLUTION DELEGATING TO THE TOWN CLERK THE AUTHORITY AND RESPONSIBILITY TO APPOINT JUDGES OF ELECTION. WHEREAS, on April 3, 2001 a special municipal election will be held in the Town of Firestone; and WHEREAS, C.R.S. § 31-10-4-1 requires the Board of Trustees to appoint the judges of election, or to delegate to the Town Clerk the authority and responsibility to appoint election judges; and WHEREAS, the Board of Trustees has determined to delegate its authority and responsibility to appoint election judges to the Town Clerk. NOW THEREFORE, BE IT RESOLVED BY THE, BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Pursuant to C.R.S. § 31-10-401, the Board of Trustees of the Town of Firestone hereby delegates to the Town Clerk of the Town of Firestone the authority and responsibility to appoint judges of election for the election to be held on April 3, 2001. Section 2. All such appointments made by the Town Clerk shall be in accordance with the requirements for judges of election set forth in Part 4 of the Municipal Election Code, C.R.S. § 31-10-401, et sea. INTRODUCED, READ, AND ADOPTED this 6)QL-nA __ day of Far_A _ , 2001. TOWN OF FIRESTONE, COLORADO Zr W FcNatterson, Mayor ATTEST: • 5 66. Cheri Andersen Town Clerk RESOLUTION NO. O L - A RESOLUTION APPROVING AN APPLICATION FOR THE RENEWAL OF TEMPORARY USE PERMITS FROM THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby authorized the application by the Town to the . Northern Colorado Water Conservancy District for the renewal of temporary use permits, which application is attached hereto and incorporated herein by reference, and hereby agrees to the terms stated in said application, including payment to said District of the applicable fees. Section 2. The Mayor is hereby authorized to sign said application on behalf of the Town. Section 3. The Town Clerk shall submit a certified copy of this Resolution, together with the signed application and payment in the amount of the applicable fees, to the District. INTRODUCED, READ, AND ADOPTED this day of Fe bi'wx , 2001. TOWN OF FIRESTONE, COLORADO OWti►Patterson, Mayor ATTEST: L :SEAL 11NTy, Cheri Andersen, Town Clerk RESOLUTION NO. Q I I I A RESOLUTION APPROVING. A FINAL . SUBDIVISION PLAT AND FINAL DEVELOPMENT PLAN FOR BOOTH FARMS SUBDIVISION, SECOND FILING WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval' of a final subdivision plat and final development plan for Booth Farms Subdivision, Second Filing; and WHEREAS, all materials related to the proposed final subdivision plat and final development plan have been reviewed by Town Staff and Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the proposed final subdivision plat and final development plan and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed final subdivision plat and final development plan and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed final subdivision plat and final development plan for Booth Farms Subdivision, Second Filing, should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby approves the proposed Final Subdivision Plat and Final Development Plan1or Booth Farms Subdivision, Second Filing, subject to -the conditions set forth on Exhibit A, attached hereto and incorporated herein by reference. PASSED AND ADOPTED this day of G7�(1G , 2001. Rick Patterson Mayor !e': Cheri Andersen Town Clerk rgNE N••' EA� °o �+ a ' . 5 EXHIBIT A Final Subdivision Plat and Final Development Plan Conditions of Approval Booth Farms Subdivision, Second Filing Final Plat 1. Add to note 5: Lot 10 of Block 15, Lots 10 and 1 l of Block 11, Lot 1 of Block 13 and a portion of the multi -family Outlot H are subject to a 150-foot well setback to all structures. 2. Change Plat to note that only Outlot C is being accepted by the Town, not Outlot N. 3. Make Lots 11, 12 and 13 of Block 15 an outlot. 4. To the extent that the oil and gas facilities reduce the amount of public land dedication for parks and open space (Outlot C), such deficit shall be made up either though additional land dedication in the next Filing of Booth Farms or payment of cash -in -lieu prior to recording of the next Filing of Booth Farms. 5. The Town will require written confirmation from the ditch company/users that it is acceptable to have their line running through lots and that a 10-foot easement is sufficient. 6. Confirm inclusion into the Carbon Valley Recreation District, the St. Vrain Sanitation District and the Tri-Area Ambulance District. 7. Label street right-of-ways and address comment memo and redline comments by Town Engineer. 8. Label easements intended for use in the raw water irrigation system and add statement to dedication block that easements for such system are dedicated to the owner/operator of the system and its successors. The dedication language shall be approved by the Town Engineer and Town Attorney. 9. Add notes regarding required use of the raw water irrigation system. The language of the notes shall be acceptable to the Town Engineer and Town Attorney and consistent with the agreement governing the system. 10. Revise references from U.S. West to Qwest. 11. Applicant shall submit revised plat and FDP plans reflecting the revised well and production facility locations, as represented at the March 8, 2001, public hearing. FDP 3 12. Make Lots 11, 12 and 13 of Block 15 an outlot. 13. To the extent that the oil and gas facilities reduce the amount of public land dedication for parks and open space (Outlot Q, such deficit shall be made up either though additional land dedication in the next Filing of Booth Farms or payment of cash -in -lieu prior to recording of the next Filing of Booth Farms. 14. In the Project Concept section delete references to commercial and multi -family land uses. 15. Adjust the Land Use Table to account for the.conditions made herein. 16. The residential density should be calculated as the platted area, less Blocks H, I and J, divided by the number of residential dwelling units. 17. Identify Blocks H, I and J as Outlots and note that they will require Final Development Plan approval, prior to building permits. 18. Fencing along Outlot F should be split rail along the front, with 5-foot high solid fencing along the back yards. 19. In the Development Schedule section, address the timing of the perimeter fencing. 20. Add a fence transition detail from low fencing to taller fencing. 21. Adjust the landscape plan to accommodate the oil and gas facilities. 22. Add mailbox locations, street lighting, fencing details, typical architectural elevations and any proposed signage details. 23. Label street right-of-ways and address comment memo and redline comments by Town Engineer. 24. Label easements intended for use in the raw water irrigation system and add note that such easements are for use by the owner/operator of the system and its successors. 25. Add notes regarding required use of the raw water irrigation system. The language of the notes shall be acceptable to the Town Engineer and Town Attorney and consistent with the agreement governing the system. 26. An FDP amendment shall be processed for Booth Farms, First Filing for use of the detention pond in the First Filing for production facilities for the Hall 42-12 well located within the Second Filing. Utility Plans, Drainage Report 4 I%. 27. The total developed 10-year site release will need to be equal to or less than the 10-year historic rate. 28. Address comment memo and redline comments, by Town Engineer. Agreements 29. A Subdivider's Agreement shall be executed prior to recording of the plat. 30. An Agreement regarding the raw water irrigation system shall be executed prior to recording of the final °plat, if any water dedication credit is to be effected for this filing. Alternatively, all raw water dedication requirements for Town potable water service shall be satisfied prior to recording of the plat. 3/11/2001 9:03 AM[sjl]F:IQFFICETirestonelSubdivlBoothFarmsFiling2Board.res 1W RESOLUTION NO. Q I - [Q A RESOLUTION APPROVING SPECIAL USE PERMITS FOR BAATA OIL, INC. TO LOCATE TWO OIL & GAS WELLS WITHIN THE TOWN OF FIRESTONE. WHEREAS, Baata Oil, Inc. (hereinafter "Banta" or "Applicant") has submitted to the Town of Firestone applications for special use permits to locate within the Town two oil and gas wells referred to as referred to as the proposed Hall 41-12 and Hall 42-12 wells, the locations of which are more particularly described in Exhibit A hereto; and WHEREAS, Baata has submitted applications and supporting materials pursuant to Chapter 15.48 of the Firestone Municipal Code; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the proposed special uses and has forwarded to the Board of Trustees recommendations of denial; and WHEREAS, revisions to the proposed uses have been proposed subsequent to the Planning Commission action on the applications; and WHEREAS, the revised use requests have been reviewed by Town Staff and found with conditions to be in compliance with Town of Firestone subdivision, zoning, and oil and gas ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Board of Trustees has duly considered the proposed special uses, and has held a properly noticed public hearing on the applications; and WHEREAS, the Board of Trustees finds that the special use permit requests for the Hall 41- 12 Well and the Hall 42-12 Well should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Seetion 1, The Board of Trustees does hereby approve the special use permit request of Baata Oil for location of the Hall 41-12 Well and the Hall 42-12 Well within the Town of Firestone, in the locations more particularly described in Exhibit A hereto, subject to the following conditions which are applicable to each well: 1. The production facilities, as developed or modified, shall be of a low profile style, with a maximum height not to exceed twelve (12) feet. 2. The Town's special use approval shall expire on the date of expiration of the Oil and Gas Conservation Commission Permit to drill the well or one year from the date of this Resolution, whichever is later, if operations for the well are not commenced by such date. In the event special use approval expires, the Applicant shall apply for a new special use permit pursuant to Chapter 15.48 of the Firestone Town Code. I Oil and gas operations shall be conducted in compliance with all federal, state, and local laws, rules and regulations, including but not limited to the Colorado Oil and Gas Conservation Commission permit for such well and the final special use permit application materials approved by the Town Board, which materials are incorporated herein by reference. Applicant shall provide to the Town copies of all state approved permits and subsequent notices filed with the state and affecting the well. 4. Prior to entering the site, Applicant shall obtain from the Town necessary building permits and notices to proceed. Prior to moving the drilling rig onto the well site, Applicant shall obtain from the Town and Weld County necessary permits to move the drilling rig equipment within the Town and County. 6. Applicant shall provide to the Town copies of any executed surface damage agreements or memoranda thereof respecting operation of the well. 7. In the exercise of its rights pursuant to this special use approval, Applicant shall avoid any damage or interference with any Town installations, structures, utilities, or improvements. Applicant shall be responsible for all damages to such interests of the Town which are caused by the Applicant. 8. Applicant at its sole expense shall control fugitive dust at the well site and on access roads on an as -needed basis. Methods and chemicals used for dust control shall comply with Town ordinances and regulations. 9. The oil/gas well facilities shall utilize setbacks as specified in the Colorado Oil and Gas Conservation Commission Rules and Regulations or the Firestone Town Code, whichever is more restrictive. 10. The well site area shall be secured and screened by chain link fencing with "solid" tan aluminum or vinyl lathing. 11. Water sources for drilling activities shall be from the Town of Firestone, if a water tap is utilized. 12. Machinery at the site shall be well-oiled and well -maintained to mitigate noise. 2 13. Applicant shall work with surface owners to develop permanent berms around the tank battery. 14. To the extent reasonably possible, the drill rig and associated motors and exhaust systems shall be oriented such that they point away from existing residences in the vicinity. 15. Drill rigs shall, to the extent reasonably possible, be equipped with higher quality noise reducing mufflers. 16. During drilling, a tarp shall be used around the drilling floor and drawworks to muffle sound. 17. Deliveries and construction traffic to and from the site shall, whenever possible, be scheduled during daylight hours. 18. Applicant shall submit revised vicinity maps, site plans and other application materials reflecting the revised well and production facility locations, as represented at the March 8, 2001, public hearing. 19. A license agreement shall be executed for use of the Booth Farms, First Filing detention pond prior to commencement of such use. PASSED AND ADOPTED this �h g` day of r 2001. ksz;.,��'pW 1V' ATTEST: �S O'1jAAerqf-A v C'n..,..., GG,6 Cheri Andersen Town Clerk 3 Rick Patterson Mayor r EXHIBIT A Well Locations Hall 41-12Well: The approximate location of the Hall 41-12 Well is 662 feet from the north line and 795 feet from the east line of Section 12, Township 2 North, Range 68 West, 6th P.M., being located in the NE1/4NE1/4 of said Section 12. Said location is approximately 1000 feet southwest of the intersection of Roads 13 and 24. Hail 42-12 Well: The approximate location of the Hall 42-12 Well is 1749 feet from the north line and 653 feet from the east line of Section 12, Township 2 North, Range 68 West, 6th F.M., being located in the SE1/4NE1/4 of said Section 12. Said location is approximately one - quarter mile south and 640 feet west of the intersection of Roads 13 and 24. 3/11/2001 8:24 AM[sjl]F:OFFICEIFirestonelRes\BaataWells.res 4 RESOLUTION NO. 01- 13 A RESOLUTION OPPOSING THE INITIATED MEASURE REGARDING ANNEXATIONS TO THE TOWN AND URGING VOTERS TO VOTE AGAINST BALLOT QUESTION 1 AT THE APRIL 3, 2001, SPECIAL ELECTION. WHEREAS, a special election of the Town has been set for April 3, 2001; and WHEREAS, at the special election, the voters of the Town will be asked to vote for or against an initiated measure that among other things would require an affirmative vote of the Town's registered electors to approve annexations to the Town; and WHEREAS, the question of the adoption of the initiated measure will appear on the April 3, 2001, special election ballot as Ballot Question 1; and ` WHEREAS, the Board of Trustees finds that adoption of Ballot Question 1 and the initiated measure is not in the best interests of the Town and its citizens and should be opposed for the following reasons: A. The proposed measure purports to apply to past annexations and may -therefore impact-properties..,that..have _already _been _annexed -to-the -Town-in compliance with applicable laws; B. The Town's master comprehensive plan, planning policies and intergovernmental agreements, which have been put in place with significant citizen input and public processes, already set forth appropriate growth policies and strict annexation boundaries for the Town; C. The existing state and local annexation procedures currently provide significant opportunities for citizen input and participation in the annexation process, making an election procedure unnecessary; D. An election procedure for every annexation to the Town is unduly burdensome and will cause significant commitments of Town personnel and resources; E. The proposed measure unnecessarily puts the Town at risk for claims breach of the Interim Coordinated Planning Agreement among Weld County, Frederick, Firestone and Dacono, which Agreement has won the Governor's Smart Growth Award; 1 F. The proposed measure will unnecessarily cause the Town to incur substantial attorneys' fees, costs of suit, and administrative costs to administer the ordinance and defend against claims related to the ordinance; G. The proposed measure fails to recognize Town requirements already in place to ensure that development pays for the infrastructure it requires, and instead creates alternative requirements that are less restrictive than those in place; H. In particular; the proposed measure contemplates a bond rather than an irrevocable letter of credit as an acceptable financial guarantee to ensure the completion of public improvements, even though a bond is typically more difficult to administer and is less readily available than a letter of credit that maybe drawn upon demand like, cash; and I. The potential submission of bonds pursuant to the proposed measure, rather than letters of credit as required by current Town requirements, may result in the provision of inadequate financial guarantees to ensure that development pays for the infrastructure it requires; . J. The proposed measure may discourage certain types of growth desired by the Town and its citizens, including commercial and other growth that would provide significant revenues to the Town and reduce the overall burden on Town .citizens; K. The proposed measure unduly complicates that annexation process which, with very limited exceptions, is a voluntary process in which the property owner and Town must agree on the terms of annexation of the property; and WHEREAS, the Board of Trustees desires to state its opposition to the proposed initiated measure and urge voters to vote against it. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. For the reasons set forth above, the Board of Trustees of the Town of Firestone hereby opposes proposed Ordinance No. 460, the initiated measure that will appear on the April 3, 2001, special election ballot as Ballot Question 1. The Board of Trustees hereby urges the registered electors of the Town to oppose the measure and vote "No" on Ballot Question 1 at the April 3, 2001, special election. INTRODUCED, READ AND ADOPTED this _dayAK of a i , 2001. 2 TOWN OF FIRESTONE, COLOR -ADO Rick Patterson Mayor Cheri Andersen Town Clerk 3/5/2001 1:29 PM[sj1]F:1OFFlCEIFirestone\Annexlinitiatiwopposition.res F� RESOLUTION NO. DI - 14 A RESOLUTION APPROVING A FINAL SUBDIVISION PLAT AND FINAL DEVELOPMENT PLAN FOR OAK MEADOWS P.U.D. FILING NO.2 WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a final subdivision plat and final development plan for Oak Meadows P.U.D., Filing No. 2; and WHEREAS, all materials related to the proposed final subdivision plat and final development plan have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the proposed final subdivision plat and final development plan and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed final subdivision plat and final development plan and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed final subdivision plat and final development plan for Oak Meadows P.U.D., Filing No. 2, should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby approves the proposed Final Subdivision Plat and Final Development Plan for Oak Meadows P.U.D., Filing No. 2, subject to the conditions set forth on Exhibit A, attached hereto and incorporated herein by reference. PASSED AND ADOPTED thisQg�lay ofma , 2001. ST ``��o`�►iti 1 Cl de l� I�p •• Y a Mayor m ATTEST: SEAL: 0 OLAI 0, AUNTY , Cps, Cheri Andersen Town Clerk EXHIBIT A Final Subdivision Plat & Final Development Plan Conditions of Approval Oak Meadows P.U.D. Filing No. 2 Major Comments FINAL PLAT 1. Add the Town's standard note regarding active agricultural uses in the area. 2. Add additional information regarding the use of the easement between Lots 11 and 12, Block 9. Identify whether fencing and landscaping will be constructed in the easement, in Note A. Any such improvements shall be subject to Town Staff approval. 3. Confirm that AT&T has concurred with the noted easement described in Note B. 4. The property shall Petition for inclusion into the Carbon Valley Recreation District and provide the Town proof of the filing of such petition prior to recording the Plat. 5. Add to Dedication the statement required by Section 11.8.28 of Development Regulations. FINAL DEVELOPMENT PLAN 6. In the Ihilitiess section, note that the HOA is responsible for snow removal of the sidewalks along Oak Meadows Boulevard. 7. In the Architectural section, in relation to the typical elevations, identify what percentage of the front elevation will be rock and/or brick or how many homes may not have any rock or brick. 8. Street lights shall be no further apart than 300 feet. 9. On the Landscape Plan, note 14 shall be deleted. CONSTRUCTION PLANS 10. Address comments from the Town Engineer. 11. Prepare a phasing plan for each construction phase. SUBDIVIDER'S AGREEMENT 12, A Subdivider's Agreement shall be completed prior to recording the Plat. The Agreement shall incorporate a first right of refusal to the water rights attendant to the property. o, y Minor Comments FINAL PLAT 13. Legal Descriptions for Parcels C and D need to tie into the basis of bearings. The Point of Beginning should have a tie to the west line of the southwest one quarter of Section 6. 14. Identify Road 13 as Colorado Boulevard (Road 13). 15. Identify acreage of each Tract on the Plat. 16. Have the Title reference on the Plat be consistent with the FDP. 17. In Note Lb., identify by the specific Lot and Block reference the areas "encumbered" by the oil well circle as described. 18. The small triangle of Tract D that abuts Tract E from Filing 1, shall be identified as a separate Tract, dedicated to the Town, and maintained by the HOA, as Tract E was dedicated to the Town. 19. Add a Firestone Information Block. 20. Define in Note C what is meant by "time of platting". Specific easement legal descriptions need to be provided for the vacation of the temporary easements shown in Tract D. Appropriate ordinances are necessary for such vacation. FINAL DEVELOPMENT PLAN 21. Add additional information regarding the use of the easement between Lots 11 and 12, Block 9. Identify whether fencing and landscaping will be constructed in the easement, in Note A. Any such improvements shall be subject to Town Staff approval. 22. In the Development Schedule section, note that development may begin in 2001. 23. In the Utilities section, note Ambulance by Tri-Area Ambulance District, Recreation by the Town of Firestone and Carbon Valley Recreation District and Fire Protection by the Mountain View Fire Protection District. 24. In the Project Concept section, increase 25,000 to 25,129. 25. In the Project Concept section, note that referrals for the Preliminary Plat, Filing 1 and Filing 2 have been sent to Weld County, Frederick and Dacono. 26. In the Park and Open Space section, note that the "first 40-feet" is from the street right-of- way. 27. In the Development Schedule section, confirm that 2002 is the correct date and note that temporary cul-de-sacs for each phase are shown on the Utility Plans. 28. Create a separate Phasing Plan sheet and note that temporary cul-de-sacs for each phase are shown on the Utility Plans. 29. Note that a credit for public land dedication over 10% for Filings 1 and 2 shall be carried forward to future Filings of the entire Oak Meadows development. 30. Create a separate detail for Tract D, as it is significantly different than Tract P. 31. Note that the pedestrian paths are concrete. 32. Remove Filing-1 landscape detail for Tract A. This detail shall be submitted as a requested administrative modification to Filing 1. 33. In the Potable Water section, replace Weld County Road 15 with Frontier Street (Road 15). 34. Show the approximate location of the existing fencing around the oil/gas wells near Tracts M and D. 35. In the Land Use Table, add a footnote that Firestone maintains Tract I, subject to the Subdivider's Agreement. 36. The small triangle of Tract D that abuts Tract E from Filing 1, shall be identified as a separate Tract, dedicated to the Town, and maintained by the HOA, as Tract E was dedicated to the Town. 37. In the Landscape Detail Notes, add to Note 9 that such rocks shall be buried at least 30% of the rock height. 38. Delete the Grading Plan sheets from the FDP. 39. Identify the turf areas in the detail for Tracts J, K, and L as bluegrass. 40. Modify the Phase 2 line to either include or exclude Tract M. OTHER 41. An updated title commitment, for solely the area being platted, shall be provided prior to recording. Mortgagee certificates and other plat/FDP information shall be revised as necessary based on the updated title commitment. 3/21/2001 1:41 PM[sj1]F:OFFICFIFirestonelsubdiv10akMeadowsFiling2Board. res RESOLUTION N0. 0 1 -.1�5 A RESOLUTION PRESCRIBING WATER RATES AND CHARGES FOR THE TOWN OF FIRESTONE, COLORADO. WHEREAS, the Town operates a municipal water system; and WHEREAS, the Town ("Town") and Central Weld County Water District ("CWCWD") are parties to various intergovernmental agreements concerning the provision of water service and facilities to the Town; and WHEREAS, pursuant to such intergovernmental agreements, CWCWD from time to time imposes increased charges pertaining to the provision of water service to the Town; and WHEREAS, after review and analysis of the costs of providing, operating and maintaining the Town's water system, and in consideration of applicable CWCWD increases, the Board of Trustees has determined that increases in the water system rates and charges are necessary to correspond with CWCWD increases and/or the Town's increased operating costs. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Water rates and charges. The following monthly rates and charges shall be imposed for water service received through the Town of Firestone water system: Monthly Minimum Charge for 5,000 0 15,000 15,000-20,000 Over 20,000 Meter First per 1,000 per 1,000 per 1,000 Size 5,000 gallons Gallons Used Gallons Used Gallons Used 5/8" $ 21.12 $ 1.10 $ 1.20 $ 1.30 3/4" $ 48.57 $ 1.10 $ 1.20 $ 1.30 1" $ 112.00 $ 1.10 $ 1.20 $ 1.30 1-1/2" t' 260.73 $ 1.10 $ 1.20 $ 1.30 2" $ 440.57 $ 1.10 $ 1.20 $ 1.30 3" $ 862.97 $ 1.10 $ 1.20 $ 1.30 4" $1,269.85 $ 1.10 $ 1.20 $ 1.30 6" $2,739.20 $ 1.10 $ 1.20 $ 1.30 Section 2. Connection fees. capital investment and repair charges. The following connection fees and capital investment and repair charges shall be imposed, except that the Town of Firestone shall not be required to pay such connection fees for irrigation sprinkler systems for any public parks, rights -of -way, open space, or medians, or any facility developed, owned or paid for by the Town. Capital Connection Investment Capital Meter Charge and Repair Investment Size CWCWD Town CWCWD Total 5/8" $ 5,800 $ 600 S 2,000 $ 8,400 3/4" $ 7,700 $ 900 $ 3,000 S 11,600 1" $12,500 $ 1,500 S 5,000 $ 19,000 1-1/2" $23,000 $ 3,000 $10,000 $ 36,000 2" $36,400 $ 4,800 S16,000 $ 57,200 Connection fees, capital investment and repair charges for taps requiring a meter larger than 2" shall be determined by the Board of Trustee on an individual basis considering such factors as type of use, contemplated volume demand for water, effect on the entire water system in the Town, connection charge and capital investment fees imposed by CWCWD, and all other factors relevant to the application. Pursuant to the terms of an Intergovernmental Agreement for Water Main Extension ("Agreement") by and between the Town, the CWCWD, the Town of Frederick, and the City of Dacono dated February 16, 1994, the foregoing connection fees may be reduced by the amount set forth below for new water taps purchased to provide water service to any lot platted -prior to January 1., 1.9,94, which, lot.is. located. within the present Town. boundaries. Such reduction shall only apply to the first twenty five (25) water taps purchased for such platted lots after CWCWD has completed the water line and increased its fees in accordance with the Agreement. Meter TV Size Reduction Amount 5/8" $ 2,000 3/4" $ 3,000 1" $ 5,000 1-1/2" $10,000 2" $16,000 Section 3. Construction Hydrant Meter Rental Terms. The following fees will be imposed for hydrant meters, supplied by the Town, for constriction water use. A Hydrant Connection Permit must be obtained from the Town Clerk prior to any water being used from any fire hydrant. Such permit shall be valid for a period not to exceed 6 months. Deposit S 1,000.00 per meter Administration Fee S 25.00 per permit Meter Rental S 2.00 per day Late Charge S 5.00 per day Water Usage Rate S 2.50 per 1000 gallons INTRDUCED, READ, ANi D ADOPTEDTHIS cD,�� DAY OF Mnr-�' ^—, 2001. TOWN OF FIRESTONE, COLOR -ADO L MaYO, l ,em u�c kl b ATTEST: Cheri. Andersen,. Town Clerk RESOLUTION NO.O\—�� A RESOLUTION ESTABLISHING A POLICY FOR THE USE OF TOWN CREDIT CARD(S) BY TOWN OFFICERS, OFFICIALS, AND EMPLOYEES. WHEREAS, officers, officials, and employees of the Town incur authorized expenses in the course of the performance of duties directly related to their work for the Town; and WHEREAS, these expenses are paid for by taxpayer monies; and WHEREAS, the intent of the Board of Trustees is to provide reasonable resource3 and reimbursement while maintaining a strong degree of fiscal responsibility; and WHEREAS, the Board of Trustees desires to establish a policy concerning use of Town credit card(s) by Town officers, officials, and employees which promotes the principles of public accountability for use of public funds. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Definitions. In this policy, the terms "officer," "official," and "employee" shall mean and include any person who is elected, appointed, or hired by the Town of Firestone to discharge duties as they relate to the interests of the Town of Firestone. Section 2. Intent. It is the intent of this Resolution to set forth the policies for authorized use of any Town credit card that is issued to or made available for use by any Town officer, official, or employee. Section 3. Town Credit Card(s). Any request for use of a Town credit card by an officer, official, or employee of the Town shall be made to and coordinated through the Town Administrator. Any use of a Town credit card shall be in accordance with the following provisions: (1) A Town credit card may be provided to the following officers, officials, and employees of the Town to facilitate direct billing of authorized expenses to the Town when the use of a purchase order or check is not appropriate, practical, or convenient: Mayor, Mayor Pro-Tem, Town Administrator, Town Treasurer, Town Clerk, Chief of Police, and the Maintenance Supervisor. (2) A Town credit card may be used for travel or professional development expenses only when such expenses are related solely to the conduct of official duties. The use of a Town credit card for travel or professional development expenses in excess of $1,000 shall require prior approval by the Board of Trustees. Lesser expenses for travel or professional development may be approved by the Town r � . Administrator and/or appropriate Board Commissioner pursuant to the Town's purchasing policy. (3) Any officer, official, or employee to whom a Town credit card is issued for use shall have the intended use of the credit card pre -approved by the Town Administrator, appropriate Board Commissioner, and, if necessary under (2), above, by the Board of Trustees. Such approval shall include a designated period for which the officer, official, or employee may keep possession of the credit card, and a designated amount authorized to be charged. Any amounts charged in excess of the authorized amount shall require additional approval by the Administrator or Board of Trustees and, if not approved, the person making such excess charge shall be subject to the compliance provisions below. (4) Each and every customer credit card receipt shall be turned into the Town Administrator with a written notation on it describing the item charged and the purpose of the charge. An itemized expense report will also be furnished with the receipts. For meal charges, the notation must include the names of each individual in attendance and the purpose for or function at which the meal occurred. (5) Any officer, official, or employee using a Town credit card shall submit to the Town Administrator properly annotated receipts within ten (10) days from the date of the transaction. An itemized expense report will also be furnished with the receipts. Such person shall provide such additional information as may be requested by the Administrator or Town Treasurer regarding the transaction. (6) A Town credit card may be held by an officer, official, or employee only for the period authorized by the Town Administrator, and shall be returned to the Town Administrator at or prior to the expiration of such period. (7) The Town Administrator or the Administrator's designee shall keep complete and accurate records of the use of any Town credit card, including the information required to be maintained by this Resolution. All information related to use of Town credit card(s) shall be considered public records open to inspection unless nondisclosure of the information is required or permitted by law. (8) Use of a Town credit card for personal purposes, or for the benefit of a spouse, child, relative or third party, is strictly forbidden. Section 4. Compliance. Any officer, official, or employee found not to be in compliance with this policy shall, upon the majority vote of the Board of Trustees, be required to pay back to the Town any unauthorized charges with a penalty as determined by the Town, and shall be denied the privilege of any future use of a Town credit card. An individual found not to be in compliance with this policy shall immediately cease use of any Town credit card in the individual's possession and shall immediately return the card to the Town. 2 INTRODUCED, READ, and ADOPTED this Ica day of A, ('I 2001, TOWN OF FIRESTONE, COLORADO Rick Patterson Mayor Attest: Town Gtffk RESOLUTION NO. Q1- 17 A RESOLUTION CONCERNING ESTABLISHING POLICIES AND PROCEDURES CONCERNING ELECTRONIC COMMUNICATIONS WHEREAS, under the Open Meetings Law, C.R.S. §24-6402(2)(d)(III), if "elected officials use electronic mail to discuss pending legislation or other public business among themselves," the electronic mail shall be subject to the requirements of C.R.S. §24-6-402 concerning public meetings; and WHEREAS, the Open Records Act, C.R.S. §24-72-202(1)(c) defines "correspondence" to include communications sent via electronic mail ("e-mail"), and defines the "public records" that are subject to public inspection and photocopying to include the correspondence of elected officials, unless it is "work product," meets certain other exceptions provided for in said definition, or is otherwise subject to nondisclosure by law; and WHEREAS, the Open Records Act further defines "public records" as all writings made, maintained, or kept by the Town, and states that the right of public inspection provided for in C.R.S. §24-72-203 extends to any public records kept in "digital" form including without limitation electronic mail messages; and WHEREAS, as specified in C.R.S. §24-72-204.5, correspondence of a Town employee in digital form, including e-mail, may thus be a public record under the Open Records Act and may be subject to public inspection; and WHEREAS, the Open Meetings Law further requires any formal action of the Town Board of Trustees, or of any board or commission of the Town, to be taken only at a public meeting, open to the public, which is held after full and timely public notice; and WHEREAS, elected officials and board and commission members of the Town of Firestone do not use any form of e-mail that would permit any "discussion" of pending legislation or other public business, but rather, use e-mail solely for the purpose of transmitting and receiving messages to one or more other elected officials and/or other persons in a fashion more similar to hard -copy correspondence than to a "discussion"; and WHEREAS, while the use of e-mail by the Town's elected officials and board and commission members therefore does not constitute a "meeting" within the meaning of the Open Meetings Law, the messages may constitute "public records" within the meaning of the Open Records Act; and WHEREAS, the Board of Trustees desires, by this resolution, to establish policies concerning the use of e-mail, Internet service, and other electronic media (including but not limited to voice mail, electronic fax, chat rooms, instant messaging, e-mail lists and groups, bulletin boards, and any other electronic communication forums or methods) by the Town's elected officials, board and commission members, and employees; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Requirements pertaining to elected officials and board and commission members. A. No elected official of the Town shall utilize with any two or more other elected officials of the Town for the purpose of discussing any public business of the Town, any form of electronic communication that permits the instantaneous exchange of messages, including but not limited to "chat rooms," except in full compliance with all requirements of the Open Meetings Law applicable to meetings of the Town Board of Trustees. B. No board or commission member of the Town shall utilize with any two or more other board or commission members of the Town for the purpose of discussing any public business of the Town, any form of electronic communication that permits the instantaneous exchange of messages, including but not limited to "chat rooms," except in full compliance with all requirements of the Open Meetings Law applicable to meetings of the board or commission. C. Elected officials and board and commission members of the Town may utilize e-mail for the purpose of sending and receiving messages concerning public business of the Town. However, no formal action of the Board of Trustees, or of any board or commission of the Town, shall be taken except in a public meeting which fully complies with the applicable requirements of the Open Meetings Law. D. All messages concerning public business of the Town shall be "public records" subject to public inspection pursuant to the Open Records Act, unless they constitute "work product" or are otherwise specifically subject to some other exception to the public inspection requirement. The fact that any such message is sent or received through an internet service provider (ISP) other than that which is paid for or furnished by the Town shall be irrelevant to the determination of whether such a message is or is not a public record. E. The Town shall establish a "public" e-mail address, accessible through the Town's website, into which a copy of all messages transmitted by an elected official or board or commission member which are subject to public inspection under the Open Records Act shall be deposited, and which shall be open to public inspection. The elected official or board or commission member transmitting such a message shall be responsible for causing the message to be deposited into such box. F. The inadvertent public disclosure of any confidential or privileged e-mail communications shall not be construed as waiving any privileges or confidentiality. Section 2. Requirements pertaining to Town employees. A. E-mail, the Internet, and other electronic media furnished by the Town are to be used primarily to facilitate Town work and for business -related communications, including uses related to Town -sponsored events and activities. The Town recognizes that occasional personal 2 use will occur on a sporadic basis; such use is permitted as long as it does not interrupt the normal flow of Town business. However, any improper use, as determined by the Town Administrator or the Town Administrator's designee, is prohibited and may subject the employee to disciplinary action. B. Personal use of e-mail, Internet service, or other electronic media furnished by the Town should be limited to non-compensable, after -work hours, with prior supervisor approval. C. Examples of appropriate use of electronic media by employees may include tasks such as: 1. Accessing external databases to obtain job -related data. 2. Disseminating appropriate Town documents to other individuals or organizations. 3. Participating in e-mail lists or groups that may provide insight and assistance for job -related functions. 4. Communicating with other Town personnel. 5. Communicating with other professionals with similar issues and jobs to share ideas and problem -solve. 6. Obtaining information from vendors on products and services. Section 3. General requirements pertaining to any user. A. No Town elected official, board or commission member, or employee shall use e- mail, Internet service, or other electronic media, if furnished by the Town, for the following activities: 1. Transmitting any material or messages in violation of Federal, state, local law, ordinance, regulation or Town policy. 2. Transmitting a message or information which advertises or promotes a business, political candidate, political or religious cause. 3. Transmitting a message which is offensive on the basis or race, color, religion, national origin, citizenship, ancestry, marital status, sex, disability, age, veteran's status, or sexual orientation. 4. Distributing sensitive or confidential information. S. Distributing unauthorized broadcast messages or solicitations. 3 WE 6. Accessing or distributing offensive, obscene, or pornographic materials, except in connection with an official criminal investigation. 7. Using Town -furnished electronic media to accomplish personal gain or to manage or further a private business enterprise of the user. 8. Distributing copyrighted materials not owned by or licensed to the Town, including software, photographs, or any other media. 9. Downloading of copyrighted information or software without permission. 10. Developing or distributing programs that are designed to infiltrate computer systems internally or externally, or intentionally opening or distributing any e- mail attachment which contains "viruses" or similar items. 11. Accessing or downloading any resource for which there is a fee without prior appropriate approval. 12. Misrepresenting one's identity. 13. Accessing or attempting to access any system which the person is not authorized to access (hacking). 14. Giving a Town user name and password to anyone for any unauthorized purpose. 15. Making threats of violence. B. All persons subject to this policy shall use good judgment at all times when using e- mail, the Internet, and other electronic communication media furnished by the Town, and be professional and courteous when sending e-mail pertaining to Town business. C. E-mail messages and attachments which are public records shall be made available for public inspection in accordance with the Open Records Act. Each person in possession of any such message or attachment shall cooperate with the applicable public records custodian of the Town in complying with the Open Records Act. D. In order to facilitate research and retrieval of E-mail records that may be requested by the public, each e-mail user should take care to use a descriptive subject line that accurately and thoroughly reflects the topic of the e-mail correspondence. E. Town employees, elected officials, and board and commission members who use any e-mail service, Internet service, or other electronic media furnished by the Town shall have no expectation of privacy in connection with the same. All electronic messages and other information on any such media are Town property; and the Town reserves the right 4 to monitor, access, view, use, copy, and disclose all. such messages and information for any pumose pertaining to Town business. F. The correspondence of elected officials, including e-mail, may constitute public records. When a person requests inspection or copying of correspondence of elected officials pursuant to the Open Records Act, the custodian of records must consult with the elected official before granting the request to ascertain whether the correspondence is, in fact, a public record. G. Users may not access the accounts of another user unless granted permission to do so by that user or by the Town Administrator. This restriction does not apply to system administrators and others who are authorized to access the system for legitimate business purposes. H. Each user is responsible to retain, archive, print, or purge, as appropriate, any incoming or outgoing e-mail. Any e-mail document which represents a binding commitment or obligation by or in favor of the Town, or which otherwise constitutes an official Town document, shall be printed out and maintained in hard copy form in accordance with the applicable Town retention schedule. INTRODUCED, READ, AND ADOPTED this day of 2001. TOWN OF FIRESTONE, COLORADO Rick Patterson Mayor Cheri Andersen Town Clerk 511101 5:03:23 PM[bt]F:OFFIGETIRESMNE\Rmro E-maii2.wd a �y RESOLUTIONNO. A RESOLUTION APPROVING A FINAL SUBDIVISION PLAT AND AMENDED FINAL DEVELOPMENT PLAN FOR THE OVERLOOK AT FIRESTONE, REPLAT B WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a final subdivision plat and amended final development plan for The Overlook at Firestone, Replat B; and WHEREAS, all materials related to the proposed final subdivision plat and amended final development plan have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in.compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the proposed final subdivision plat and amended final development plan and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed final subdivision plat and amended final development plan and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed final subdivision plat and amended final development plan for The Overlook at Firestone, Replat B, should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Sectinn 1, The Board of Trustees hereby approves the proposed Final Subdivision Plat and Amended Final Development Plan for The Overlook at Firestone, Replat B, subject to the conditions set forth on Exhibit A, attached hereto and incorporated herein by reference. PASSED AND ADOPTED this I eday of G , 2001. ATTEST: (12n Cheri Andersen Town Clerk EXHIBIT A Final Subdivision Plat & Amended Final Development Plan The Overlook at Firestone, Replat B Conditions of Approval 1. Use proper designation for the plat in the text. 2. Correct platted area in Frederick (Coal Ridge Subdivision). 3. Lot four shall be approximately 10,000 square feet with the remaining western portion of the lot owned, landscaped and maintained by the HOA. 4. Title the document: Amended Final Development Plan for a Portion of "Replat A". 5. Add a Firestone Information Block to all sheets and identify the noted construction sheets as sheets 2 and 3 of the Amended FDP. 6. For clarity, create a cover sheet and add a note that states: The FDP for Replat A still applies to this Replat B area, except as hereby amended. 7. Graphically highlight the Replat B area and fade out the rest of the subdivision. 8. Include an address table for the noted 4 lots. 9. Landscape and irrigation plans shall be submitted for HOA area of lot four. 10. Identify the HOA area as open space on the FDP. 11. Replace the Bald Eagle Street name with Farmdale Street as appropriate on both the Plat and FDP sheets. 12. Update the utility plan and documents with current information. 13. Evidence shall be provided to confirm the property has been included in the Carbon Valley Recreation District. 5/15/01 4:19 13MI hsp]F!OFF1Cr%Firestonelsubdiv\OverlookReplaLBBoard.res 2 RESOLUTION NO. Qi -- J� A RESOLUTION APPROVING THREE SPECIAL USE PERMITS FOR PATINA OIL & GAS CORPORATION TO LOCATE THREE OIL AND GAS WELLS WITHIN THE TOWN OF FIRESTONE. WHEREAS, Patina Oil & Gas Corporation (hereinafter "Patina" or "Applicant") has submitted to the Board of Trustees of the Town of Firestone applications for special use permits to locate three oil and gas wells within the Town; and WHEREAS, the wells proposed to be located within the Town include the proposed Victoria U 1-12Ji Well, the Victoria U 1-14Ji Well, and the Borgmann U I-10Ji Well, the locations of which are more particularly described in Exhibit A hereto; and WHEREAS, all materials related to the proposed special uses have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision, zoning and oil & gas ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Planning and Zoning Commission has held a properly noticed public hearing on the proposed special use permits requests, and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed special use permit requests, and has held a properly noticed public hearing on the applications; and WHEREAS, the Board of Trustees finds that the proposed special use permits request should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees does hereby approve the special use permit requests of Patina Oil & Gas Corporation for location of the Victoria U 1-12R Well, the Victoria U 1-14Ji Well, and the Borgmann U 1-IOJi Well within the Town of Firestone, in the locations more particularly described in Exhibit A hereto, subject to the following conditions, which are applicable to each well: 1. The production facilities, as developed or modified, shall be of a low profile style, with a maximum height not to exceed twelve (12) feet. 2. The Town's special use approval shall expire on the date of expiration of the Oil and Gas Conservation Commission Permit to drill the well or one year from the date of Town approval, whichever is later, if operations for the well are not commenced by such date. In the event special use approval expires, the Applicant shall apply for a new special use permit pursuant to Chapter 15.48 of the Firestone Town Code. 3. Oil and gas operations shall be conducted in compliance with all federal, state, and local laws, rules and regulations, including but not limited to the Colorado Oil and Gas Conservation Commission permit for such well and the final special use permit application materials approved by the Town Board, which materials will be incorporated therein by reference. Applicant shall provide to the Town copies of all state approved permits and subsequent notices filed with the state and affecting the well. 4. Prior to entering the site, Applicant shall obtain from the Town necessary building permits and notices to proceed. 5. Prior to moving the drilling rig onto the well site, Applicant shall obtain from the Town and Weld County necessary permits to move the drilling rig equipment within the Town and County. J 6. Applicant shall provide to the Town copies of any executed surface damage agreements or memoranda thereof respecting operation of the well. 7. In the exercise of its rights pursuant to this special use approval, Applicant shall avoid any damage or interference with any Town installations, structures, utilities, or improvements. Applicant shall be responsible for all damages to such interests of the Town that are caused by the Applicant. 8. Applicant at its sole expense shall control fugitive dust at the well site and on access roads on an as -needed basis. Methods and chemicals used for dust control shall comply with Town ordinances and regulations. 9. The oil/gas well facilities shall utilize setbacks as specified in the Colorado Oil and Gas Conservation Commission Rules and Regulations or the Firestone Town Code, whichever is more restrictive. 10. The well site area shall be secured and screened by chain link fencing with "solid" tan aluminum or vinyl lathing. 11. Water sources for drilling activities shall be from the Town of Firestone, if a water tap is utilized. 12. Machinery at the site shall be well-oiled and well -maintained to mitigate noise. 2 13. To the extent reasonably possible, orient the drill rig ,and associated motors and exhaust systems such that they point away from existing residences in the vicinity. 14. Drill rigs shall, to the extent reasonably possible, be equipped with higher quality noise reducing mufflers. 15. During drilling, use a tarp around drilling floor and drawworks to muffle sound. 16. Deliveries and construction traffic to and from the site shall, whenever possible, be scheduled during daylight hours. 17. To the extent reasonably possible, keep the door to the drill rig engine closed. 18. Well site equipment for the Victoria U 1-127i Well shall be anchored to the extent necessary to resist floodplain hazards. Floodplain hazard mitigation measures shall be reviewed and approved by Town Staff, INTRODUCED, READ, AND ADOPTED this day of 1 1 1 , 2001. �•`� ON1 N NO ATTEST: IJI�P�'ti i /lM�� oour�t'� Cheri Andersen Town Clerk 3 C/11 Rick fatterson Mayor EXHIBIT A: Well Locations The approximate location of the Victoria U 1-12Ji Well is 2004 feet from the south line and 726 feet from the west line of Section 1, Township 2 North, Range 68 West, 6th P.M., being located in the NW 1/4SW 1/4 of said Section 1. Said location is in the SW Quarter of said Section 1, lying northeast of the intersection of Roads 9-2/3 and 24. The approximate location of the Victoria U 1-14Ji Well is 873 feet from the south line and 2077 feet from the west line of Section 1, Township 2 North, Range 68 West, 6th P.M., being located in the SE1/4SW1/4 of said Section 1. Said location is in the SW Quarter of said Section 1, lying northeast of the intersection of Roads 9-2/3 and 24. The approximate location of the Borgmann U 1-IOJi Well is 2093 feet from the south line and 2166 from the east line of Section 1, Township 2 North, Range 68 West, 6th P.M., being located in the NW1/4SEl/4 of said Section 1. Said location is in the SE Quarter of said Section 1, lying northwest of the intersection of Roads 13 and 24. 5/25/01 9:21 AM[bt]1F:OFFICE\Firestone\Resolution\PatinaSectionI WeiIsApproval-res 4 RESOLUTION NO. O 1-aC) A RESOLUTION APPROVING A PRELIMINARY SUBDIVISION PLAT AND PRELIMINARY DEVELOPMENT PLAN FOR MOUNTAIN SHADOWS WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a preliminary subdivision plat and preliminary development plan for the Mountain Shadows subdivision and planned unit development; and WHEREAS, all materials related to the proposed preliminary subdivision plat and preliminary development plan have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Planning and Zoning Commission has held a properly noticed public hearing on the proposed preliminary subdivision plat and preliminary development plan, and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of, Trustees has duly considered the proposed preliminary subdivision plat and preliminary development plan, and has held a properly noticed public hearing on the applications; and WHEREAS, the Board of Trustees finds that the proposed preliminary subdivision plat and preliminary development plan should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSEES OF THE TOWN OF FIRESTONE, COLORADO: Section_ 1. The Board of Trustees does hereby recommend approval of the proposed preliminary subdivision plat and preliminary development plan for Mountain Shadows, subject to the conditions set forth on Exhibit A, attached hereto and incorporated herein by reference. PASSED AND ADOPTED thisday of 2001. - / f/ a SEAL- 8 Rick Patterson J a Mayor ATTEST: Cheri Andersen Town Clerk EXHIBIT A Preliminary Subdivision Plat and Preliminary Development Plan Conditions of Approval Mountain Shadows 1. Address red -line comments of Town Engineer. 2. Adjust all street names to be consistent with the Firestone Street Grid. 3. Confirm that Lots 5 and 35, Block 6 will appropriately accommodate a structure. FIB 4. An oversized pedestrian trail needs to be provided along the western portion of Colorado Boulevard south of Oak Meadows Boulevard to the southern limits of the PDP. 5. Add park development detail prior to FDP. 6. Add fencing and monument sign details prior to FDP. 7. Address red -line comments of Town Engineer. 8. Confirm that a Petition for Inclusion has been filed with the Carbon Valley Recreation District and the Tri-Area Ambulance District. 9. Adjust the calculations for the Park area to account for the noted Patina Well. 10. Provide additional pedestrian circulation from the southeast portions of the PDP to the park area. 11. Provide additional private open space within the PDP. 12. Generally show the landscape and irrigation plans and details for internal trail sections. 13. Show detail for how the existing oil well will be fenced. 14. Adjust the site calculations to show that the Public Land Dedication to the Town will only be for the major park area, with the other "open space" and trail property being dedicated to the HOA. 15. Add a note that all flow lines will not run along public streets or be located within residential lot lines. 16. Identify on the architectural elevations the percentage for different type of materials. 17. In the Project Concept section delete the last sentence of the first paragraph. 18. Replace "US -West" with "Quest". 19. In the Land Use — Zoning — Density Section, note the density of 2.70. 20. Resubmit documents consistent with plans presented at Town Board hearing. 21. Pursuant to the Uniform Baseline Design Standards IGA, this approval shall not take effect for seven days from the date hereof and, further, in the event an appeal is filed pursuant to the IGA, this approval shall not take effect until such appeal has been finally determined. 5/25/01 9:51 AM[btjF:IOFFICETirestonelSubdiv\MountainShadowsPrelimsTB.res RESOLUTION NO. 01-a� A RESOLUTION RECOMMENDING APPROVAL OF A FINAL DEVELOPMENT PLAN FOR A BEST WESTERN INNS & SUITES HOTEL, LOT 9, DEL CAMINO JUNCTION BUSINESS PARK MINOR PLAT WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a Final Development Plan for a Best Western Inns & Suites hotel, to be located on Lot 9, Del Camino Junction Business Park Minor Plat; and WHEREAS, all materials related to the proposed Final Development Plan have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the proposed Final Development Plan and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed Final Development Plan, and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed Final Development Plan for a Best Western Inns & Suites hotel, to be located on Lot 9, Del Camino Junction Business Park Minor Plat should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLOR -ADO: Bonbon 1. The Board of Trustees of the Town of Firestone, Colorado, does hereby approve the Final Development Plan for Best Western Inns & Suites, located on Lot 9, Del Camino Junction Business Park Minor Plat, subject to the conditions set forth on Exhibit A, attached hereto and incorporated herein by reference. INTRODUCED, READ, and ADOPTED this ff day of U , 2001. uco��; ATTEST:01e,rl dAbfs(fo Cheri Andersen Town Clerk Z1- — Rick erson Mayor EXHIBIT A Final Development Plan -Best Western Inns & Suites Conditions of Approval 1. Remove "Longmont" from the title. 2. Use the proper legal description. 3. In the Project Concept section, reference the proper Firestone zoning. 4. Provide additional data regarding the specified parking ratio. 5. Show the existing off -site landscaping adjoining the lot. 6. Add some landscaping along portions of the rear setback with emphasis on shade tolerant plants. 7. Add an approximate five-foot wide landscape area along the west side of the trash enclosure. 8. On the elevations, note the width of the projection of the A/C units. 9. Correct inconsistencies between Land Use Summary and Site Summary on plan sheets 1 and 2. 10. Specify that the trash enclosure will be stucco and that same color as the primary building. 11. Add a Firestone Information Block. 12. Only the " FD" plan sheets need to submitted for recording. 13. The Del Camino Junction Minor Plat and First Amendment to Annexation Agreement must be recorded prior to this FDP. 14. Confirm that the property has petitioned for inclusion in the Tri-Area Ambulance District. 15. Only one permanent on -site manager's residence shall be permitted on site. All other occupancies shall be lodging uses on a nightly basis. 16. Address comments of the Town Engineer. 17. Water dedication requirements shall be satisfied prior to the issuance of any building permit. 2 RESOLUTION NO. A RESOLUTION APPROVING THREE SPECIAL USE PERMITS FOR H.S. RESOURCES, INC. TO LOCATE THREE OIL AND GAS WELLS WITHIN THE TOWN OF FIRESTONE. WHEREAS, H.S. Resources, Inc. (hereinafter "HS Resources" or "Applicant") has submitted to the Board of Trustees of the Town of Firestone applications for special use permits to locate three oil and gas wells within the Town; and WHEREAS, the wells proposed to be located within the Town include the proposed HSR Teets 3-29A Well, the HSR Teets 5-29A Well and the HSR Teets 15-20A Well, the locations of which are more particularly described in Exhibit A hereto; and WHEREAS, all materials related to the proposed special uses have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision, zoning and oil & gas ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Planning and Zoning Commission has held a properly noticed public hearing on the proposed special use permits requests, and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed special use permit requests, and has held a properly noticed public hearing on the applications; and WHEREAS, the Board of Trustees finds that the proposed special use permits request should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Sectina._l. The Board of Trustees does hereby approve the special use permit requests of H.S. Resources, Inc. for location of the HSR Teets 3-29A Well, the HSR Teets 5-29A Well and the HSR Teets 15-20A Well within the Town of Firestone, in the locations more particularly described in Exhibit A hereto, subject to the following conditions, which are applicable to each well: 1. The production facilities, as developed or modified, shall be of a low profile style, with a maximum height not to exceed twelve (12) feet. 2. The Town's special use approval shall expire on the date of expiration of the Oil and Gas Conservation Commission Permit to drill the well or one year from the date of Town approval, whichever is later, if operations for the well are not commenced by such date. In the event special use approval expires, the Applicant shall apply for a new special use permit pursuant to Chapter 15.48 of the Firestone Town Code. 3. Oil and gas operations shall be conducted in compliance with all federal, state, and local laws, rules and regulations, including but not limited to the Colorado Oil and Gas Conservation Commission permit for such well and the final special use permit application materials approved by the Town Board, which materials will be incorporated therein by reference. Applicant shall provide to the Town copies of all state approved permits and subsequent notices filed with the state and affecting the well. 4. Prior to entering the site, Applicant shall obtain from the Town necessary building permits and notices to proceed. 5. Prior to moving the drilling rig onto the well site, Applicant shall obtain from the Town and Weld County necessary permits to move the drilling rig equipment within the Town and County. 6. Applicant shall provide to the Town copies of any executed surface damage agreements or memoranda thereof respecting operation of the well. 7. In the exercise of its rights pursuant to this special use approval, Applicant shall avoid any damage or interference with any Town installations, structures, utilities, or improvements. Applicant shall be responsible for all damages to such interests of the Town that are caused by the Applicant. 8. Applicant at its sole expense shall control fugitive dust at the well site and on access roads on an as -needed basis. Methods and chemicals used for dust control shall comply with Town ordinances and regulations. 9. The oil/gas well facilities shall utilize setbacks as specified in the Colorado Oil and Gas Conservation Commission Rules and Regulations or the Firestone Town Code, whichever is more restrictive. 10. The well site area shall be secured and screened by chain link fencing with "solid" tan aluminum or vinyl lathing. 11. Water sources for drilling activities shall be from the Town of Firestone, if a water tap is utilized. 12. Machinery at the site shall be well-oiled and well -maintained to mitigate noise. 2 13. To the extent reasonably possible, orient the drill rig and associated motors and exhaust systems such that they point away from existing residences in the vicinity. 14. Drill rigs shall, to the extent reasonably possible, be equipped with higher quality noise reducing mufflers. 15. Deliveries and construction traffic to and from the site shall, whenever possible, be scheduled during daylight hours. . 16. To the extent reasonably possible, keep the door to the drill rig engine closed. 17. Construction and operation vehicles shall not use Grant Ave. between Road 13 and Road 15 to access or exit the well sites. INTRODUCED, READ, AND ADOPTED this QAay of -� Uwp— 2001. Rick Patterson Mayor ATTEST: Cheri Andersen Town Clerk SEAL . EXHIBIT A: Well Locations The approximate location of the HSR Teets 3-29A Well is 535 feet from the north line and 2050 feet from the west line of Section 29, Township 2 North, Range 67 West, 6th P.M., being located in the NE1/4NW 1/4 of said Section 29. Said location is in the NW Quarter of said Section 29, lying South of Road 18 and East of Road 15. The approximate location of the HSR Teets 5-29A Well is 600 feet from the west line and 2170 feet from the north line of Section 29, Township 2 North, Range 67 West, 6th P.M., being located in the SW1/4NW1/4 of said Section 29. Said location is in the NW Quarter of said Section 29, lying South of Road 18 and East of Road 15. The approximate location of the HSR Teets 15-20A Well is 621 feet from the south line and 2080 feet from the east line of Section 20, Township 2 North, Range 67 West, 6th P.M., being located in the SW1/4SE1/4 of said Section 20. Said location is in the SE Quarter of said Section 20, lying North of Road 18 and East of Road 15. 6/25/01 11:05 AM[sjl]F:oFFICETirestonelResolutionM4SResourcesTeetsWellsBoazd.res 4 r J ' c RESOLUTION NO. O113 - A RESOLUTION CONCERNING AN ANNEXATION OF PROPERTY TO THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE FIRESTONE TRAIL ANNEXATION NO. 2 TO THE TOWN OF FIRESTONE, AND FINDING THE AREA PROPOSED TO BE ANNEXED ELIGIBLE FOR ANNEXATION. WHEREAS, the Town of Firestone is the sole owner of certain property described in Exhibit A attached hereto; and WHEREAS, the Town Board desires to annex such property to the Town pursuant to C.R.S. § 31-12-106(3), which annexation is to be known as the Firestone Trail Annexation No. 2 to the Town of Firestone; and WHEREAS, the Town Board desires to adopt by Resolution its findings in regard to the eligibility of such property for annexation to the Town. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Town Board finds and concludes that: It is desirable and necessary that the territory described in Exhibit A attached hereto and incorporated herein be annexed to the Town of Firestone. 2. The requirements of C.R.S. §§ 31-12-104 and 31-12-105, as amended, exist or have been met, including: a. Not less than one -sixth of the perimeter of the area proposed to be annexed is contiguous with the Town of Firestone. b. A community of interest exists between the area proposed to be annexed and the Town of Firestone. C. The area proposed to be annexed is urban or will be urbanized in the near future. d. The area proposed to be annexed is integrated with or are capable of being integrated with the Town of Firestone. C. No land within the boundary of the territory proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, has been divided into separate parts or parcels without the written consent of the landowner or landowners thereof, unless such tracts or parcels were separated by a dedicated street, road, or other public way. f. No land within the boundary of the area proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, comprising twenty acres or more, and which, together with the buildings and improvements situated thereon, has an assessed value in excess of two hundred thousand dollars ($200,000.00) for ad valorem tax purposes for the year next preceding the annexation, has been included within the area proposed to be annexed without the written consent of the landowners. g. No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality. h. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the Town of Firestone more than three miles in any direction from any point of the boundary of the Town of Firestone in any one year. j. The territory proposed to be annexed is comprised of 74.69 acres. k. A plan is in place, pursuant to C.R.S. § 31-12-105(1)(e). 1. Any portion of a platted street or alley to be annexed will result in the entire width of the street or alley having been included within and made a part of the Town of Firestone and reasonable access will not be denied to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the Town of Firestone but is not bounded on both sides by the Town of Firestone. 3. Four copies of an annexation map of the area proposed to be annexed have been submitted to the Town Board and are on file with the Town. 4. Upon the annexation ordinances becoming effective, all lands within the area proposed to be annexed will become subject to all applicable ordinances, resolutions, rules, and regulations of the Town of Firestone, except that general property taxes of the Town of Firestone, if applicable, shall become effective as of the January I next ensuing. 2 0 5. No election for annexation of the area proposed to be annexed has been held in the preceding twelve months, and no election is required under C.R.S. §§ 31-12-107(2) or -112. 6. No additional terms and conditions are to be imposed. 7. The Town is the landowner of one hundred percent (100%) of the area proposed to be annexed, and the area proposed to be annexed is not solely a public street or right-of- way. Section 2. The Town Board concludes that all statutory requirements have been met, that the proposed annexation is proper under the laws of the State of Colorado and the area proposed to be annexed is eligible for annexation to the Town. The Town Board, acting in its legislative capacity and pursuant to authority granted to it by state law, may adopt one or more ordinances annexing the subject properties to the Town of Firestone. INTRODUCED, READ, and ADOPTED thisQ�Ay of )2001. ATTEST: c- ' R�0 ��`-•.00-0--I GC ae�l 6W�= - QC Cheri Andersen Town Clerk 06200111542(bt] F:Officc\FirestonclAnncx\Tmil2.res Rick Patterson Mayor EXHIBIT A - LEGAL DESCRIPTION FIRESTONE TRAIL ANNEXATION NO. 2 A PARCEL OF LAND LOCATED IN THE WEST HALF OF SECTION 18, THE WEST HALF OF SECTION 7, THE EAST HALF AND SOUTHWEST QUARTER OF SECTION 6; ALL OF TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6`h PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 18, SAID POINT BEING MARKED BY A 2-1/2" ALUMINUM DISC STAMPED PLS 28656 AND CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 18 TO BEAR S88049'53"E (EAST END OF SAID LINE BEING MARKED BY A 2" ALUMINUM DISC STAMPED PLS 23501) WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO: THENCE ALONG SAID SOUTH LINE S88049'53"E, 30.00 FEET; THENCE N00015'27"E, 30.00 FEET TO THE POINT OF BEGINNING, SAID POINT BEING ON THE EASTERLY RIGHT-OF-WAY OF COLORADO BOULEVARD (WELD COUNTY ROAD 13); THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY THE FOLLOWING THREE (3) COURSES: 1. N00015'27"E, 2587.13 FEET; 2, N00° 15' 18"E, 2616.70 FEET; 3. N0000534"E, 1368.08 FEET; THENCE 1318.67 FEET ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 3969.80 FEET, A CENTRAL ANGLE OF 19001'56", AND A CHORD WHICH BEARS N20031'55"E, 1312.61 FEET; THENCE N30°02'53"E, 115.23 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 7, SAID POINT ALSO BEING ON THE SOUTHERLY BOUNDARY OF THE BOOTH FARM MINOR SUBDMSION RECORDED AT THE WELD COUNTY CLERK AND RECORDER'S OFFICE AT RECEPTION NO.2842090; THENCE ALONG THE SOUTHERLY AND EASTERLY BOUNDARY OF SAID SUBDIVISION THE FOLLOWING FOUR (4) COURSES: 1. S89019'34"E, 85.98 FEET; 2. N30002'40"E, 1550.76 FEET; 3. N89°14'51"W, 28.56 FEET; 4. N30002'40"E, 792.48 FEET; THENCE CONTINUING N30002'40"E, 755.43 FEET TO A POINT ON THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 7; THENCE ALONG SAID NORTH LINE S89012'33"E, 29.03 FEET; THENCE N30°02'40"E, 23.08 FEET TO THE SOUTHEAST CORNER OF ANNEXATION MAP NO.3 FIRESTONE DEVELOPMENT RECORDED AT THE WELD COUNTY CLERK AND RECORDER'S OFFICE AT RECEPTION NO. 2591400; THENCE ALONG THE EASTERLY BOUNDARY OF SAID ANNEXATION N30002'40"E, 1505.26 FEET; THENCE N30003'44"E, 4514.07 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF WELD COUNTY ROAD NO. 15; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY N01 ° 14'44"E, 126.31 FEET TO THE SOUTHERLY RIGHT-OF-WAY OF WELD COUNTY ROAD NO.26; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY S89° 19' 13 "E, 242.02 FEET; THENCE S30°03'44"W, 4743.46 FEET; THENCE S30°02'40"W, 1444.30 FEET TO THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 7; THENCE ALONG SAID NORTH LINE S89012'33"E, 28.28 FEET; THENCE S30°02'40"W, 34.39 FEET TO A POINT ON THE NORTHWEST CORNER OF THE DOLLAGHAN ANNEXATION NO. 3 TO 4k THE TOWN OF FIRESTONE RECORDED AT THE WELD COUNTY CLERK AND RECORDER'S OFFICE AT RECEPTION NO. 251801 l; THENCE ALONG THE WESTERLY BOUNDARY OF SAID ANNEXATION (SAID BOUNDARY ALSO BEING THE WESTERLY BOUNDARY OF DOLLAGHAN P.U.D. PHASE 3, RIDGE CREST FILING 3, AND SAINT VRAIN RANCH FILING 6) THE FOLLOWING SEVEN (7) COURSES: 1. S30002'40"W, 1513.76 FEET; 2. N89015'50"W, 28.78 FEET; 3. S30002'40"W, 1549.95 FEET; 4. S89019'30"E, 28.81 FEET; 5. S30°03'15"W, 255.69 FEET; 6. 1931.85 FEET ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 3719.80 FEET, A CENTRAL ANGLE OF 29-45-22", AND A CHORD WHICH BEARS S 15° 10'34"W, 1910.21 FEET; 7. S00017'53 "W, 600.55 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF WELD COUNTY ROAD NO. 22; THENCE S00° 17'53"W, 30.00 FEET TO THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 7; THENCE ALONG SAID SOUTH LINE S89°30'37"E, 51.15 FEET; THENCE S00016'49"W, 5206.31 FEET TO THE NORTHERLY RIGHT-OF-WAY OF WELD COUNTY ROAD NO. 20; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY N88049'53"W, 224.83 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT THE RIGHT-OF-WAY FOR WELD COUNTY ROAD NO. 15, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 6, SAID POINT BEING MARKED BY A 2-1/2" ALUMINUM DISC STAMPED PLS 22097 AND CONSIDERING THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 6 TO BEAR S01 014'44"W (SOUTH END OF SAID LINE BEING MARKED BY A 2-1/2" ALUMINUM DISC STAMPED PLS 28650) WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO: THENCE ALONG SAID EAST LINE S01014'44"W, 210.55 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF THE UNION PACIFIC RAILROAD COMPANY, SAID POINT BEING THE POINT OF BEGINNING; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY N30003'44"E, 62.24 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF WELD COUNTY ROAD NO. 15; THENCE ALONG SAID EASTERLY RIGHT OF WAY S01014'44"W, 311.20 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF THE UNION PACIFIC RAILROAD COMPANY; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY S30003'44"W, 124.48 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF WELD COUNTY ROAD NO. 15; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY NO1 ° 14'44"E, 311.20 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF THE UNION PACIFIC RAILROAD COMPANY; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY N30003'44"E, 62.24 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 74.69 ACRES (3,253,610 SQUARE FEET) MORE OR LESS AND IS SUBJECT TO ALL RIGHTS -OF -WAY, EASEMENTS AND RESTRICTIONS NOW IN USE OR OF RECORD. RESOLUTION NO. O A RESOLUTION CALLING A SPECIAL ELECTION WHEREAS, the Board of Trustees desires to call a special election pursuant to state law. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLOR -ADO: Section 1. Pursuant to C.R.S. section 31-10-108, a special election is hereby called and set for Tuesday, the 6th day of November, 2001. Section 2. The Board of Trustees shall submit ballot issues or other measures to appear on the ballot of the special municipal election by the adoption of appropriate resolutions or ordinances as required by law. Section 3. The ballot titles for such ballot issues or other measures shall hereafter be set in accordance with applicable law. Section 4. The special election shall be conducted as a part of a coordinated election. Pursuant to C.R.S. section 31-10-102.7, the Town will utilize the requirements and procedures of the Uniform Election Code of 1992, articles 1 to 13 of title 1, C.R.S., as amended, in lieu of the Colorado Municipal Code of 1965, article 10 of title 31, C.R.S., as amended. Section 5. The officers and employees of the Town are herby authorized and directed to take all actions necessary and appropriate to effectuate the provisions of this Resolution in accordance with Colorado law. INTRODUCED, READ AND ADOPTED this � day of , 2001. TOWN OF FIRESTONE, COLORADO uo� ick PattersonayorAttest: �1 Cheri Andersen Town Clerk 718/01 WAS AM(sjIJF:1OFFICETicessonc\Elec112001SpccialElcction.ms RESOLUTION NO. A RESOLUTION ESTABLISHING THE WASTE COLLECTION SERVICE CHARGE PURSUANT TO SECTION 8.12.050 OF THE FIRESTONE MUNICIPAL CODE. WHEREAS, the Board of Trustees wishes to set, by resolution, the amount of the Town's waste collection service charge as provided for in the Firestone Municipal Code; and WHEREAS, Town and Country Disposal, Inc. has notified the Town that they will increase their charge to the Town for waste collection services, beginning August 1, 2001; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Pursuant to Section 8.12.050 of the Firestone Municipal Code, the waste collection service charge shall be ten dollars and eighty two cents ($10.82) per month, effective August 1, 2001, INTRODUCED, READ, AND ADOPTED THIS 12`h day of July, 2001. TOWN OF FIRESTONE, COLORADO Rick Patterson, Mayor ATTEST: OL� 4ujeff-wr) Cheri Andersen, Town Clerk RESOLUTION NO. Q a o A RESOLUTION APPROVING A MINOR SUBDMSION PLAT FOR THE MINOR PLAT OF BROOKS FARM FIRST SUBDMSION WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a minor subdivision for the Minor Plat of Brooks Farm First Subdivision; and WHEREAS, all materials related to the proposed Minor Subdivision Plat have been reviewed by Town Staff and Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the proposed Minor Subdivision Plat and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed Minor Subdivision Plat and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed Minor Subdivision Plat should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: SerHnn 1. The Board of Trustees of the Town of Firestone hereby approves the proposed minor subdivision plat for the Minor Plat of Brooks Farm First Subdivision, subject to the conditions set forth on Exhibit A, attached hereto and incorporated herein by reference. INTRODUCED, READ AND ADOPTED this day of J , 2001. ATTEST: Cheri Andersen Town Clerk EXHIBIT A Minor Plat of Brooks Farm First Subdivision Conditions of Approval 1. The limits of the two existing recorded exemptions should be shown and labeled. 2. The proposed Road 13 right-of-way parcel needs to be labeled as a tract and the dedication statement on the cover sheet changed to reflect the appropriate dedication. This tract shall be conveyed to the Town by special warranty deed at the time of recording of the plat. The conveyance shall be free and clear of liens and encumbrances. A title commitment and policy shall be provided to the Town for this parcel, in forms acceptable to the Town Attorney. 3. The county recording block needs to be removed from the cover sheet. 4. The dedication block needs to be revised to include the entire name of the plat (Minor Plat of Brooks Farm First Subdivision). 5. If they are current owners, the signature lines for Otto David and Joyce Brooks Living Trusts should be revised to correct the date of the trusts from 1997 to 1998. 6. Brooks Farms, LLC is listed as an Owner on the cover of the plat and a signature line is provided for it. However, the LLC is not listed as an owner in the dedication statement or in the title commitment. A current title commitment must be provided prior to recording and the plat dedication and signature lines must be corrected to reflect ownership of record. If there are any deeds of trust or other liens on the property, lender consents must be added to the plat, in a form acceptable to the Town Attorney. 7. The revised title commitment needs to cover the entire area of the minor plat. The current commitment only covers Lot B of the recorded exemption. 8. The commitment lists an easement for the Central Weld County Water District (Exception 14) that is not shown on the plat. 9. Add a note stating that open space dedication requirements shall be met at the time of further subdivision and development of Tract A. 07/26/2D01 ID:16 AM [kkh] F:\OFFICEVires:onelSubdivlB=kiFumMinorPbtBoard.rn 2 RESOLUTION NO. A RESOLUTION APPROVING PRELIIVIINARY AND FINAL DEVELOPMENT PLANS AND PRELIMINARY AND FINAL SUBDIVISION PLATS FOR ST. VRAIN RANCH SUBDIVISION, FILING VI (RESIDENTIAL PORTION ONLY) WHEREAS, there have been submitted to the Board of Trustees of the Town of Firestone requests for approval of Preliminary and Final Subdivision Plats, and Preliminary and Final Development Plans for St. Vrain Ranch Subdivision, Filing VI; and WHEREAS, all materials related to the proposed Preliminary and Final Subdivision Plats and Preliminary and Final Development Plans have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the proposed Preliminary and Final Subdivision Plats and Preliminary and Final Development Plans and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed Preliminary and Final Subdivision Plats and Preliminary and Final Development Plans, and has held a properly noticed public hearing on the applications; and WHEREAS, the Board of Trustees finds that the proposed Preliminary and Final Subdivision Plats and Preliminary and Final Development Plans for St. Vrain Ranch Subdivision Filing VI should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLORADO: Section 1• The Board of Trustees of the Town of Firestone, Colorado, does hereby approve the Preliminary and Final Subdivision Plats for St. Vrain Ranch, Filing VI, and the Preliminary and Final Development Plans for St. Vrain Ranch Subdivision, Filing VI (residential portion only), subject to conditions set forth on Exhibit A attached hereto and incorporated herein by reference. INTRODUCED, READ and ADOPTED thisQ& day of J0JU2001. Cheri Andersen, Town Clerk EXHIBIT A Preliminary and Final Subdivision Plats Preliminary and Final Development Plans (residential portion only) Conditions of Approval St. Wain Ranch Subdivision, Filing VI FINAL PLAT (and Preliminary Plat) 1. Deerfield Circle needs to be changed to Deerfield Street. Apply change to all sheets. 2. A sight -distance triangle is shown in the Final Development Plans and the Final Construction Plans. Supply an easement that describes this area. 3. Confirm that the legal has been supplied to vacate the 68-foot Temporary Utility/Drainage Emergency Vehicle & Ingress/Egress Easement; the easement must be vacated by ordinance. 4. Revise documents in accordance with redline comments from Town Engineer. 5. Provide updated title commitment and revise lender consents as necessary (current plat note is inconsistent with lien information listed on submitted title commitment from Old Republic, dated 9/16/00 bearing Order No. FC207480). 6. Confirm that all easement affecting property are shown on plat (several easements listed in title commitment do not appear on plat but should be shown if they are located on the property). 7. Specifically identify the type of fencing along the back lots along the Firestone Trail and park to the north. Make corresponding revisions to the text and the landscape plan. 8. Note that PDP and FDP approvals will be required for the commercial development except for elements required as part of this plan. 9. Adjust Cumulative Open Space calculations as "final" totals. 10. Clarify that a 5-foot sidewalk in the 10-foot wide easement will be utilized. 11. Clarify that the fencing to the south of the trail easement is split rail. 12. The evergreen trees along the east side of the commercial property could be problematic due to "shadow ice" in the winter. Show these trees as deciduous trees. 13. Provide a set of final documents to serve as a PDP and PP. 14. Commercial Lot 15 should have an address that faces the access to the south and/or north. 15. Deerfield Circle needs to be changed to Deerfield Street. Apply change to all sheets. 16. Revise documents in accordance with'redlines comments from Town Engineer. 17. Remove "Tess" as the utility provider and replace with the appropriate entity. 18.Add a 6-foot concrete sidewalk between Devonshire and the Firestone Trail across the park north of the Filing VI, the final design and location of which shall be as approved by the Town Engineer. 19. Add two colored treated concrete crosswalks across Devonshire at the following locations: 1) to connect the new 6-foot wide concrete walkway north of Filing VI to the sidewalk on the east side of Devonshire; and 2) at the intersection of Devonshire and Saddleback. Final design and locations shall be as approved by the Town Engineer. 20. Add a street light on Devonshire between Lots 3 and 4, Block 2. 07/262001 10:17 AM [kkh] F:%OFFICETtremonelSubdiv%StVminFdinSVIPrdinuBoard.rn RESOLUTION NO. o A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE WELD COUNTY CLERK AND RECORDER FOR THE CONDUCT AND ADMINISTRATION OF A TOWN SPECIAL ELECTION TO BE HELD NOVEMBER 6, 2001, AS PART OF A COORDINATED ELECTION, AND INVOKING THE REQUIREMENTS AND PROCEDURES OF THE UNIFORM ELECTION CODE WITH RESPECT TO SUCH ELECTION. WHEREAS, the Town will hold a special municipal election on November 6, 2001, as a coordinated election pursuant to the Uniform Election Code of 1992, as amended; and WHEREAS, the attached Intergovernmental Agreement By and Between the Town of Firestone and the Weld County Clerk and Recorder for the Conduct and Administration of the Coordinated Election to be held November 6, 2001 ("Intergovernmental Agreement") provides for the conduct and financing of such coordinated election. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees does hereby approve the proposed Intergovernmental Agreement, a copy of which is attached hereto and incorporated herein by this reference. Section 2. The Town Administrator and Town Clerk are hereby authorized to execute the attached Intergovernmental Agreement on behalf of the Town of Firestone, except that such persons are hereby further authorized to negotiate and approve such revisions to the Intergovernmental Agreement as are determined necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Intergovernmental Agreement are not altered. Section 3. Pursuant to Sections 31-10- l 02.7 and 31-10-108 of the Colorado Municipal Election Code of 1965, the Town will utilize the requirements and procedures of the Uniform Election Code of 1992, as amended, Articles 1 to 13 of Title 1, C.R.S., with respect to the special municipal election to be held on November 6, 2001, and such election shall be conducted as part of a coordinated election. INTRODUCED, READ, AND ADOPTED this . �t day of , 2001. Rick Patterson, Mayor Cheri Andersen, Town Clerk RESOLUTION NO. Ol A A RESOLUTION ESTABLISHING POLICIES FOR MAINTAINING RECORDS OF EXECUTIVE SESSIONS. WHEREAS, House Bill 01-1369, effective August S, 2001, requires the Board of Trustees and other Town boards and commissions to keep a record of executive sessions; and WHEREAS, the Board of Trustees desires to adopt procedures consistent with this legislation for record -keeping of executive sessions. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby adopts the Procedures for Executive Sessions attached hereto for the purposes of ensuring compliance with the requirements of House Bill 01-1369 for record -keeping of executive sessions. INTRODUCED, READ, and ADOPTED this 0 day of U U 2001. TOWN OF FIRESTONE, COLORADO Rick Patterson Mayor Attest: l �i� C'&je=0 Cheri Andersen Town Clerk 8/9/01 3:15 PM [bt]F:1OfficelFrestcne\Res\Executitsessim.res RESOLUTION NO. O 1' A RESOLUTION DISAPPROVING THE PROPOSED SERVICE PLAN FOR AND ORGANIZATION OF THE DEL CAMWO EAST METROPOLITAN DISTICT WITHIN THE TOWN OF FIRESTONE WHEREAS, there has been submitted to Board of Trustees of the Town of Firestone a proposed service plan proposing the organization of the Del Camino East Metropolitan District (hereinafter the "District"); and WHEREAS, the District is proposed to be a metropolitan district pursuant to title 32, C.R.S., located wholly within the municipal boundaries of the Town of Firestone; and WHEREAS, the service plan for the proposed District (hereinafter the "Service Plan") was formally filed with the Town Clerk on July 18, 2001; and WHEREAS, the Board of Trustees held a public hearing on the proposed Service Plan for the District on August 9 and 23, 2001, as which time the Board of Trustees considered the proposed Service Plan and District pursuant to the provisions of Title 32, Article 1, Part 2, C.RS., as amended; and WHEREAS, notice of the public hearing was provided by publication in the Farmer & Miner on August 1, 2001; and WHEREAS, at the hearing, the District proponents and other interested persons presented testimony and other evidence to the Board of Trustees, and drafts of the proposed Service Plan and numerous other documents were made a part of the record; and WHEREAS, the Board of Trustees by this Resolution desires to set forth its findings and conclusions with respect to the proposed Service Plan for the District. THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: l . The foregoing recitals are hereby confirmed and incorporated herein as findings ofthe Board of Trustees. 2. Based on applicable law and on the testimony of the witnesses and the documents made a part of the record of the public hearing on the proposed District and Service Plan, the Board -of Trustees finds and determines as follows: a. Pursuant to C.R.S. §32-1-204.5(1), no special district shall be organized if its boundaries are wholly contained within the boundaries of the Town except upon adoption of a resolution of approval by the Board of Trustees. Therefore, the proposed District and Service Plan must be approved by the Board of Trustees if the District is to be organized. b. Also pursuant to C.R.S. §32-1-204.5(1), the information required and criteria applicable to the Town's review of the proposed Service Plan are as set forth in C.R.S. §§ 32-1- 202(2) and 32-1-203(2). Section 32-1-203(2) provides that the Board of Trustees shall disapprove the Service Plan unless the Board is presented with satisfactory evidence of each of the following: 1. There is sufficient existing and projected need for organized service in the area to be serviced by the proposed special district. 2. The existing service in the area to be served by the proposed special district is inadequate for present and projected needs. 3. The proposed special district is capable of providing economical and sufficient service to the area within its proposed boundaries. 4. The area to be included in the proposed special district has, or will have, the financial ability to discharge the proposed indebtedness on a reasonable basis. C. The burden of proof is upon the proponents of the District to demonstrate that a proposed special district should be organized wholly within the boundaries of the Town. d. The property to be located within the proposed District is known the Del Camino East Annexation property, which was annexed to the Town in 1999. The Annexation property and proposed District contains approximately 233 acres. e. The Town of Firestone provides a variety of municipal services to properties located within its boundaries, including but not limited to water service, police protection, park maintenance, street maintenance, building permitting and development processing, and other services. At the time of annexation, it was agreed that the Town will make available to the property all of its usual municipal services in accordance with the ordinance and policies of the Town. The Board of Trustees finds that the Town's municipal services can be made available on such basis and will be adequate for present and projected needs within the Del Camino East Annexation property. f. There are currently located wholly or partially within the Town of Firestone a number of special districts and other districts. These include but are not limited to the following: St. Vrain Sanitation District, Tri-Area Sanitation District, Carbon Valley Recreation District, Central Weld County Water District, Weld County Water District, Northern Colorado Water Conservancy District, Tri-Area Ambulance District, Frederick -Firestone Fire Protection District, Mountain View Fire Protection District, and Weld County Library District. g. The creation of a metropolitan district wholly within the Town will represent an additional layer of government that the Board finds is unnecessary in order for the area within the proposed District to receive necessary services. 2 h. According to the Service Plan and testimony provided at the hearing, proposed amenities unique to the District would include a recreation center and raw water irrigation system. The Board finds that such proposed amenities could be achieved through proper arrangements with existing service providers or otherwise obtained, and that it is neither necessary or in the best interests of the Town for such amenities to provided through the proposed District. i. The Service Plan also proposes the District have the power to construct and install arterial street improvements (Del Camino Parkway), other required street improvements, dry utilities, water and sewer main extensions, and other services for the proposed District. The Board finds that arterial street improvements are generally required for developments requiring such level of service, and that these other types of proposed improvements are generally required for and are common to all developments within the Town. The Board finds that the existing service in the area is adequate to provide for the projected needs for these services, and that such services can and should be extended to the area within the proposed District in accordance with the Town's generally applicable development policies, rather than through a metropolitan district. j. The Board finds that it has not been submitted satisfactory evidence demonstrating that the proposed district is capable of providing economical and sufficient service to the area within its proposed boundaries. In particular: 1. With regard to the proposed raw water irrigation system, there is insufficient evidence demonstrating that an annual lease of water will provide a secure, long-term water supply for such system, or that a secure water supply will otherwise be available in perpetuity; 2. With regard to homeowner costs, the information provided in the Service Plan suggests homeowners within the proposed District will pay additional tap and one-time service fees, and monthly fees of approximately $145 per month for various costs and services of the district. Sufficient evidence has not been presented that such a fee structure will result in the economical provision in services to any extent that makes such a fee structure and District preferable over existing mechanisms for delivery of services. 3. These was evidence presented at the public hearing that there would be an estimated $8,000 savings to residents in the District by financing water acquisition through the District. However, there was no evidence provided that assured that such savings would in fact be passed on to the resident. k. Sufficient evidence has not been presented for the Board of Trustees to reasonably conclude that there will be no adverse financial impacts upon the Town resulting from the proposed District. 1. An additional layer of government with associated costs may have a negative impact on the ability of the Town to insure adequate funding for other Town needs. The Board finds 3 it is foreseeable that fee -payers within a district will be less likely to support funding of regional facilities within the Town, and that this and similar effects on an "enclave" district are not in the best interest of the Town and its citizens. M. The organization of the District wholly within the Town sets an undesirable precedent for single -project special districts within the Town, which method of service provision is not compatible with the Town of Firestone Comprehensive Plan and the Town's development policies and goals. n. The proposed District will eliminate some measures of Town control over the development of the area within the proposed District. Such a result is at odds with the Town of Firestone Comprehensive Plan, the Town's development policies and goals, and agreements recently reached at the time of the annexation of the property proposed to be included within the District. o. The proposed District is not in the best interests of the Town and its citizens. P. The proposed District Service Plan relies on a development analysis of a amendment to the existing zoning for the property which has not been considered by the Town. The Board finds it is not in the best interests of the Town to permit organization of a special district under such circumstances. 3. The Board of Trustees therefore concludes that the proposed Service Plan and organization of the Del Camino East Metropolitan District should be and is hereby disapproved. INTRODUCED, READ, and ADOPTED this oday of 2001. Rick Patterson Mayor ATTEST: 1, S-EXL Oju ��+1a Cheri Andersen Town Clerk Mt/01 12:45akgs RESOLUTION NO. (3 [ -a I A RESOLUTION APPROVING AND ADOPTING THE SECOND AMENDED FIRESTONE DEVELOPMENT REGULATIONS FOR DEVELOPMENT PROJECTS WITHIN THE TOWN OF FIRESTONE WHEREAS, section 31-23-214 C.R.S. authorizes the Town to adopt regulations governing the subdivision of land within the Town's jurisdiction; and WHEREAS, section 31-23-301 et seq. C.R.S. authorizes the Town to establish zoning districts and adopt zoning regulations; and WHEREAS, section 24-67-101 et seq. C.R.S. authorizes the Town to allow for planned unit developments within the Town and to adopt planned unit development regulations; and WHEREAS, pursuant to such authorities, the Town has adopted subdivision, zoning and planned unit development regulations as codified in the titles 16 and 17 of the Firestone Municipal Code and in the Firestone Development Regulations, as amended; and WHEREAS, pursuant to such statutes and sections 16.04.050 and 17.04.020 of the Firestone Municipal Code, the Town Board desires to adopt the second amended Firestone Development Regulations, which second amended Regulations are intended to replace the first amended Firestone Development Regulations adopted January 27, 2000, and as subsequently amended from time to time and currently in place within the Town; and WHEREAS, the second amended Firestone Development Regulations establish standards and procedures relating to the subdivision of land and zoning and development matters within the Town, and implement the provisions of titles 16 and 17 of the Firestone Municipal Code; and WHEREAS, all required notices and public hearings concerning the adoption of such second amended Firestone Development Regulations have been provided; and WHEREAS, the Firestone Planning Commission, after notice and hearing, has recommended the Town Board adopt the second amended Firestone Development Regulations. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. There is hereby approved and adopted the Firestone Development Regulations, Amendment 2, which regulations shall be known and referred to as the Firestone Development Regulations. Section 2. All applicants for subdivision, zoning, rezoning or development shall be advised as to the existence of the Firestone Development Regulations, and a copy thereof shall be made available to such applicants. Section 3. The Firestone Development Regulations approved and adopted by this Resolution are intended to and shall replace the first amended Firestone Development Regulations adopted January 27, 2001, by Resolution No. 00-05, and any other amendments thereto, and such previously adopted Regulations and amendments thereto are hereby repealed. Such repeal shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such prior regulations or amendments thereto, and each provision thereof shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 4. If any portion of the Firestone Development Regulations approved and adopted by this Resolution is held to be invalid for any reason, such decision shall not affect the validity of the remaining portions of such Regulations. The Town Board hereby declares that it would have approved and adopted such Regulations and each part thereof irrespective of the fact that any one part be declared invalid. INTRODUCED, READ, and ADOPTED this Q':�iay of U IJ�S� 2001 TOWN OF FIRESTONE, COLORADO Rick Patterson Mayor Attest: 0115a� rj�je-(Scn Cheri Andersen Town Clerk 8/22/01 11:35 AM[sjl]F:\office\firestone\res\DevelopmentResolutionAmendment#2 OA RESOLUTION NO. 01-32 A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR FOUR ANNEXATION PETITIONS FILED WITH THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE VOGL ANNEXATION NOS. ONE THROUGH FOUR TO THE TOWN OF FIRESTONE, AND SETTING A PUBLIC HEARING THEREON. WHEREAS, four petitions for annexation of certain property to be known as the Vogl Annexation Nos. One through Four have been filed with the Town Clerk of the Town ofFirestone, Colorado, and referred to the Board of Trustees of the Town for a determination of substantial compliance with applicable law; and WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the subject properties for annexation and zoning, if requested in the petitions; and WHEREAS, the Board of Trustees has reviewed the petitions and desires to adopt by Resolution its findings in regard to the petitions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The petitions, the legal description for which are attached hereto as Exhibit A and incorporated herein by reference, are in substantial compliance with the applicable laws of the State of Colorado. Section 2. No election is required under § 31-12-107(2), C.R.S. Section 3. No additional terms and conditions are to be imposed except any provided for in the petitions. Section 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexations comply with Sections 31-12-104 and 31-12-105, C.R.S., and will hold a public hearing to determine the appropriate zoning of the subject properties, if requested in the petitions, at the Firestone Town Hall, 151 Grant Avenue, Firestone, Colorado 80520, on Thursday, October 25, 2001, at 7:30 P.M. Section 5. Any person may appear at such hearing and present evidence relative to the proposed annexations, or the proposed zoning if requested in the petitions. J Section 6. Upon completion of the hearing, the Board of Trustees will set forth, by resolution, its findings and conclusions with reference to the eligibility of the proposed annexations, and whether the statutory requirements for the proposed annexations have been met, and further, will determine the appropriate zoning of the subject properties if requested in the petition. Section 7. If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexations are proper under the laws ofthe State of Colorado, the Board of Trustees may pass one or more ordinances annexing the subject properties to the Town of Firestone, and will pass one or more ordinances zoning the subject properties if requested in the petitions. INTRODUCED, READ, and ADOPTED this 13'n day of September, 2001. ATTEST: �pNE�• �1H 4. 0116� ' r QAgen Cheri Andersen Town Clerk 911,01 11:SBAMPAjP.Aoft=WicstomVutnc+AVog15MaComplianot-m 2 Rick Patterson Mayor EXHIBIT A - LEGAL DESCRIPTIONS VOGL ANNEXATION NO. ONE: A PARCEL OF LAND LOCATED IN THE SOUTHWEST ONE -QUARTER OF SECTION 5, THE NORTHWEST ONE -QUARTER OF SECTION 8, THE NORTHEAST ONE -QUARTER OF SECTION 7 AND THE SOUTHEAST ONE -QUARTER OF SECTION 6, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE SIXTH PRINICIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 5, THENCE SOUTH 00000'00" EAST 30.00 FEET; THENCE SOUTH 89009'38" WEST 30.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 10°41'58" EAST 149.99 FEET; THENCE SOUTH 12022'42" EAST 149.99 FEET; THENCE ALONG A LINE BEING 30.00 FEET SOUTH OF AND PARALLEL WITH THE SOUTH LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 5 SOUTH 89009'38" WEST 60.01 FEET TO THE POINT OF BEGINNING, CONTAINING 0.101 ACRES MORE OR LESS. VOGL ANNEXATION NO. TWO: A PARCEL OF LAND LOCATED IN THE SOUTHWEST ONE -QUARTER OF SECTION 5, THE NORTHWEST ONE -QUARTER OF SECTION 8, THE NORTHEAST ONE -QUARTER OF SECTION 7 AND THE SOUTHEAST ONE -QUARTER OF SECTION 6, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE SIXTH PRINICIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 5, THENCE SOUTH 00000'00" EAST 30.00 FEET; THENCE SOUTH 89°09'38" WEST 30.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 02°17'16" EAST 750.26 FEET TO A POINT ON THE WEST LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 5 WHENCE THE WEST ONE -QUARTER OF SAID SECTION 5 BEARS NORTH 00.00' 14" WEST 1930.70 FEET; THENCE SOUTH 02017'53" EAST 749.38 FEET TO A POINT BEING 30.00 FEET SOUTH OF THE SOUTH LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 5 THENCE NORTH 12022'42" WEST 149.99 FEET; THENCE SOUTH 10°41'58" WEST 149.99 FEET TO THE POINT OF BEGINNING, CONTAINING 0.415 ACRES MORE OR LESS. VOGL ANNEXATION NO. THREE: A PARCEL OF LAND LOCATED IN THE SOUTHWEST ONE -QUARTER OF SECTION 5, THE NORTHWEST ONE -QUARTER OF SECTION 8, THE NORTHEAST ONE -QUARTER OF SECTION 7 AND THE SOUTHEAST ONE -QUARTER OF SECTION 6, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE SIXTH PRINICIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 3 COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 5, THENCE SOUTH 00000'00" EAST 30.00 FEET; THENCE SOUTH 89°09'38" WEST 30.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00041'01" EAST 2500.00 FEET TO A POINT ON THE WEST LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 5 WHENCE THE WEST ONE -QUARTER OF SAID SECTION 5 BEARS NORTH 00°00' 14" WEST 180.54 FEET; THENCE SOUTH 00041'30" EAST 2499.12 FEET TO A POINT BEING 30.00 FEET SOUTH OF THE SOUTH LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 5 THENCE NORTH 02017'53" WEST 749.38 FEET; THENCE SOUTH 02017'16" WEST 750.26 FEET TO THE POINT OF BEGINNING, CONTAINING 1.205 ACRES MORE OR LESS. VOGL ANNEXATION NO. FOUR: A PARCEL OF LAND LOCATED IN THE SOUTHWEST ONE -QUARTER OF SECTION 5, THE NORTHWEST ONE -QUARTER OF SECTION 8, THE NORTHEAST ONE -QUARTER OF SECTION 7 AND THE SOUTHEAST ONE -QUARTER OF SECTION 6, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE SIXTH PRINICIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 5, THENCE SOUTH 00000'00" EAST 30.00 FEET; THENCE SOUTH 89°09'38" WEST 30.00 FEET TO THE POINT OF BEGINNING; THENCE ALONG ALINE BEING 3 0. 00 FEET WEST OF AND PARALLEL WITH THE WEST LINE OF THE SOUTHWEST ONE -QUARTER OF SECTION 5, NORTH 00000' 14" WEST 2680.05 FEET; THENCE NORTH 89°23'55" EAST 2710.42 FEET TO THE CENTER ONE -QUARTER CORNER OF SAID SECTION 5; THENCE SOUTH 009 1'14" EAST 1848.62 FEET TO A POINT BEING 790.05 FEET NORTH OF THE SOUTH ONE -QUARTER CORNER OF SAID SECTION 5; THENCE SOUTH 89°09'38" WEST 312.02 FEET; THENCE SOUTH 00011' 14" EAST 820.05 FEET TO A POINT BEING 30.00 FEET SOUTH OF THE SOUTH LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 5; THENCE PARALLEL WITH SAID SOUTH LINE, SOUTH 89°09'38" WEST 187.89 FEET; THENCE SOUTH 00023'23" EAST 841.23 FEET; THENCE NORTH 89°09'38" EAST 500.02 FEET TO A POINT ON THE EAST LINE OF THE NORTHWEST ONE -QUARTER OF SAID SECTION 8 WHENCE THE NORTH ONE -QUARTER CORNER OF SAID SECTION 8 BEARS NORTH 00023'23" WEST 871.23 FEET; THENCE SOUTH 00023'23" EAST 1789.35 FEET TO THE CENTER ONE -QUARTER CORNER OF SAID SECTION 8; THENCE SOUTH 89°11' 19" WEST 1987.26 FEET TO A POINT WHENCE THE WEST ONE -QUARTER CORNER OF SAID SECTION 8 BEARS SOUTH 89"1 I' 19" WEST 719.82 FEET; THENCENORTH 00°00'00" EAST 1888.20 FEET; THENCE NORTH 88059'00" WEST 339.80 FEET; THENCE NORTH 00°00'00" EAST 730.60 FEET TO A POINT BEING 30.00 FEET SOUTH OF THE SOUTH LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 5; THENCE PARALLEL WITH SAID SOUTH LINE SOUTH 89009'38" WEST 350.04 FEET; THENCE NORTH 00041'30" WEST 2499.12 FEET TO A POINT ON THE WEST LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 5 WHENCE THE WEST ONE -QUARTER CORNER OF SAID SECTION 5 BEARS NORTH 00000' 14" WEST 180.54 FEET; THENCE SOUTH 00°41'01" WEST 2500.00 FEET TO THE POINT OF BEGINNING, CONTAINING 274.597 ACRES MORE OR LESS. 4 RESOLUTION NO. 01 A RESOLUTION APPROVING FIVE SPECIAL USE PERMITS FOR PATINA OIL & GAS CORPORATION TO LOCATE FIVE OIL AND GAS WELLS WITHIN THE TOWN OF FIRESTONE. WHEREAS, Patina Oil & Gas Corporation (hereinafter "Patina" or "Applicant'') has submitted to the Board of Trustees of the Town of Firestone applications for special use permits to locate five oil and gas wells within the Town; and WHEREAS, the wells proposed to be located within the Town include the proposed Victoria U 1-I IJi Well, Victoria U 1-IMi WeU, Victoria U 1-25Ti Well, Borgmann U 1-16Ji Well, and BLC U I- Mi Well, the locations of which are more particularly described in Exhibit A hereto; and WHEREAS, all materials related to the proposed special uses have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision, zoning and oil & gas ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Planning and Zoning Commission has held a properly noticed public hearing on the proposed special use permits request, and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed special use permits requests, and has held a properly noticed public hearing on the applications; and WHEREAS, the Board finds that the proposed special use permits request should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO- .gpctinn 1. The Board of Trustees does hereby approve the special use permit requests of Patina Oil & Gas Corporation for location of the Victoria U 1-11Ti Well, Victoria U 1-13Ji Well, Victoria U 1-25Ji Well, Borgmann U 1-16Ji Well, and BLC U 1-15Ji Well within the Town of Firestone, in the locations more particularly described in Exhibit A hereto, subject to the following conditions, which are applicable to each well: The production facilities, as developed or modified, shall be of a low profile style, with a maximum height not to exceed twelve (12) feet. 2. The Town's special use approval shall expire on the date of expiration of the Oil and Gas Conservation Commission Permit to drill the well or one year from the date of Town approval, whichever is later, if operations for the well are not commenced by such date. In the event special use approval expires, the Applicant shall apply for a new special use permit pursuant to Chapter 15.48 of the Firestone Town Code. 3. Oil and gas operations shall be conducted in compliance with all federal, state, and local laws, rules and regulations, including but not limited to the Colorado Oil and Gas Conservation Commission permit for such well and the final special use permit application materials approved by the Town Board, which materials will be incorporated therein by reference. Applicant shall provide to the Town copies of all state approved permits and subsequent notices filed with the state and affecting the well. 4. Prior to entering the site, Applicant shall obtain from the Town necessary building permits and notices to proceed. 5. Prior to moving the drilling rig onto the well site, Applicant shall obtain from the Town and Weld County necessary permits to move the drilling rig equipment within the Town and County. 6. Applicant shall provide to the Town copies of any executed surface damage agreements or memoranda thereof respecting operation of the well. 7. In the exercise of its rights pursuant to this special use approval, Applicant shall avoid any damage or interference with any Town installations, structures, utilities, or improvements. Applicant shall be responsible for all damages to such interests of the Town that are caused by the Applicant. 8. Applicant at its sole expense shall control fugitive dust at the well site and on access roads on an as -needed basis. Methods and chemicals used for dust control shall comply with Town ordinances and regulations. 9. The oil/gas well facilities shall utilize setbacks as specified in the Colorado Oil and Gas Conservation Commission Rules and Regulations or the Firestone Town Code, whichever is more restrictive. 10. The well site area shall be secured and screened by chain link fencing withOsolid" tan aluminum or vinyl lathing. 11. Water sources for drilling activities shall be from the Town of Firestone, if a water tap is utilized. 2 12. Machinery at the site shall be well-oiled and well -maintained to mitigate noise. 13. To the extent reasonably possible, orient the drill rig and associated motors and exhaust systems such that they point away from existing residences in the vicinity. 14. Drill rigs shall, to the extent reasonably possible, be equipped with higher quality noise reducing mufflers. 15. During drilling, use a tarp around drilling floor and drawworks to muffle sound. 16. Deliveries and construction traffic to and from the site shall, whenever possible, be scheduled during daylight hours. 17. To the extent reasonably possible, keep the door to the drill rig engine closed. RgTRODUCED, READ, AND ADOPTED this 5411ay of , eM6f, 2001. Rick atterson Mayor ATTEST: N' ;SEAL �14 Cheri Andersen Town Clerk EXIHBIT A: Well Locations The approximate location of the Victoria U 1-11Ji Well is 2085 feet from the south he and 2049 feet from the west line of Section 1, Township 2 North, Range 68 West, 6th P.M., being located in the NE114SW1/4 of said Section 1. Said location is in the SW Quarter of said Section 1, lying, northeast of the intersection of Roads 9-2/3 and 24. The approximate location of the Victoria U 1-131 Well is 762 feet from the south line and 650 feet from the west line of Section 1, Township 2 North, Range 68 West, 6th P.M., being located in the SW1/4SW1/4 of said Section 1. Said location is in the SW Quarter of said Section 1, lying northeast of the intersection of Road 9-2/3 and Firestone Boulevard (Road 24). The approximate location of the Victoria U 1-25Ji Well is 1417 feet from the south line and 1293 feet from the west line of Section 1, Township 2 North, Range 68 West, 6th P.M., being located in the approximate center of the SW1/4 of said Section 1. Said location is in the SW Quarter of said Section 1, lying northeast of the intersection of Roads 9-2/3 and Firestone Boulevard (Road 24). The approximate location of the Borgmann U 1-16Ti Well is 470 feet from the south line and 610 feet from the east line of Section 1, Township 2 North, Range 68 West, 6th P.M., being located in the SE1/4SE1/4 of said Section 1. Said location is in the SE Quarter of said Section 1, lying northwest of the intersection of Colorado Boulevard and Firestone Boulevard (Roads 13 and 24). The approximate location of the BLC U 1-1 ST Well is 594 feet from the south line and 2017 feet from the east line of Section 1, Township 2 North, Range 68 West, 6th P.M., being located in the SW 1/4SE1/4 of said Section 1. Said location is in the SE Quarter of said Section 1, lying northwest of the intersection of Colorado Boulevard and Firestone Boulevard (Roads 13 and 24). 9/5/01 4:51 PM PM[N]F:OFFICE1FirestoneTesolution\Patina5WellsBoard.res 4 RESOLUTION NO. 01-34 SERIES 2001 A RESOLUTION APPROVING A PRELIMINARY SUBDIVISION PLAT AND PRELIMINARY DEVELOPMENT PLAN FOR SAGEBRUSH SUBDIVISION WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a Preliminary Subdivision Plat and a Preliminary Development Plan for Sagebrush Subdivision; and WHEREAS, all materials related to the proposed Preliminary Subdivision Plat and Preliminary Development Plan have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the proposed Preliminary Subdivision Plat and Preliminary Development Plan and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed Preliminary Subdivision Plat and Preliminary Development Plan, and has held a properly noticed public hearing on the application; and ' WHEREAS, the Board of Trustees finds that the proposed Preliminary Subdivision Plat and Preliminary Development Plan for the Sagebrush Subdivision should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Sectinn 1. The Board of Trustees of the Town of Firestone, Colorado, does hereby approve the proposed Preliminary Subdivision Plat and Preliminary Development Plan for the Sagebrush Subdivision, subject to the conditions set forth on Exhibit A, attached hereto and incorporated herein by reference. -th INTRODUCED, READ AND ADOPTED this Q7 day of , 2001. Rick'Patterson Mayor ".. -Kmw k/^eq b Cheri Andersen Town Clerk EXHIBIT A Preliminary Subdivision Plat and Preliminary Development Plan Conditions of Approval Sagebrush Subdivision 1. Address Redline Comments from the Town Engineer, 2. Tract H is less than the required 10% public land dedication amount. However, with the numerous parks in the area, a cash -in -lieu arrangement appears more appropriate to satisfy the remaining requirement. 3. Confirm that there will be a concrete pedestrian trail across Tract G. 4. Track A and other areas and tracts along trails shall be irrigated grass and landscaping. 5. Show street lights at the entrances to walkways; and mailboxes (if possible). 6. Investigate the feasibility of providing covered and lit post office box facilities and report the information to the Town Board. 7. Delete the "error" language from the statement on building setbacks. 8. Consider "four-sided" architecture for the houses for the project, particularly on exterior lots. 9. Increase tracts A and K to be no less than 20-feet wide. 10. Adjust sheet index on the Landscape Plan. 11. The walkway across Tract D should be 8-feet wide. 12. Add a tapered fence detail for use between a privacy fence and a split rail fence. 13. Prepare typical landscape plans for any lots that have utility boxes in the front yard. 3 14. Tract E to contain a 7 %2 foot sidewalk, so that it is the same width at the connecting walkway from Ridgecrest. 15. Lots 26 and 27 to be adjusted to fit water easement line within the lots. 16. Address redline comments of the Town Engineer on the utility plans and technical reports. 17. Remove reference to dryland grass in Tract H. 18. Work with applicant to improve visual -quality and visibility to Tracts G and I. 19. Adjust minor variances between preliminary plat and preliminary plat text (including utility provider names). 20. Final review of street light locations will occur at the time of FDP. 9/2712001 11:30 hMNIF:IOFFICElFirestuneLSabdiv%Sageb ushTB.rn 4 M RESOLUTION NO. 01- � A RESOLUTION APPROVING CERTAIN AMENDMENTS TO THE FINAL SUBDMSION PLATS AND FINAL DEVELOPMENT PLANS FOR MONARCH ESTATES SUBDMSION, FIRST AND SECOND FILINGS. WHEREAS, the Planning and Zoning Commission and Board of Trustees of the Town of Firestone previously approved, with certain, conditions, Final Subdivision Plats ("Plats") and Final Development Plans ("FDPs") for the Monarch Estates Subdivision, First and Second Filings; and WHEREAS, the applicant has requested certain amendments to the Plats and FDPs prior to the same being recorded with the Weld County Clerk and Recorder, and WHEREAS, the Planning and Zoning Commission has held a properly noticed public hearing on the proposed amendments to the Plats and the FDPs and has recommended approval of the requested amendments to the Plats and FDPs for the Monarch Estates Subdivision, First and Second Filings, with conditions; and WHEREAS, all materials related to the proposed amendments to the Plats and FDPs have been reviewed by Town Staff and Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Sertinn 1. The Board of Trustees hereby approves the proposed amendments to the Final Subdivision Plats and Final Development Plans for Monarch Estates Subdivision, First and Second Filings, subject to the conditions set forth on Exhibit A, attached hereto and incorporated herein by reference. INTRODUCED, READ, AND ADOPTED this day ofjDC,+Obef- , 2001. TOWN OF FIRESTONE, COLORADO Rick Patterson Mayor �S v O,y `� Ar�Vil N '••. •Z '• . .ATTEST: Cheri Andersen Town Clerk EXHIBIT A Amendments to the Final Subdivision Plats and Final Development Plans Conditions of Approval Monarch Estates Subdivision, First and Second Filings 1. Modify the Utility Plans pursuant to direction from the Town Engineer. 2. Meet all conditions as specified in the Town Board's previous Resolutions of Approval. 3. Note the proper lot count and modify all pertinent parts of the FDPs and Final Plats. 4. Adjust the Plats to show the proper dedications of the tracts to the HOA. S. Remove the temporary construction easement. 6. All sheets in the originally approved plan sets should be modified appropriately. 7. The new tracts should be landscaped with irrigated turf. 8. The rail fence detail shall be the only fencing detail provided for along the new and expanded tracts, except that the rear fences of lots 1-9, Block 4, Second Filing, may be designated as privacy fences. 9. A note shall be added to each FDP requiring that all fencing be PVC and of an off-white color. Fencing, both rail and privacy, shall be of the same texture, color and style as that fencing currently used throughout the St. Wain Ranch subdivision. The exact text of the note, and fencing samples, shall be submitted to and approved by the Town Planner. 10. A note shall be added to each FDP that states essentially as follows: PVC fence or white PVC fence that does not have vertical openings is prohibited. The exact text of the note shall be submitted to and approved by the Town Planner. 11. The approved Plats and FDPs have not yet been recorded; therefore, the Plats and FDPs should not be denoted as "amendments." Rather, changes approved should be incorporated into the final documents prior to recording. I0f1112OD15:15PM(WjF: FFICEVi[est kSubdiATEMotm hEatatcsFWmWl&.2AmerKLm.duc RESOLUTION NO. 01 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT PURSUANT TO C.R.S. § 29-1-204.2 FOR THE CREATION OF THE SOUTHWEST WELD DRAINAGE AUTHORITY. WHEREAS, the Town of Firestone (the "Town") is authorized and empowered to provide necessary drainage services to its citizens and taxpayers, to manage storm water drainage to reduce or eliminate damage to existing or proposed water delivery systems, and to develop water resources and to construct and operate works and facilities necessary and convenient for supplying water for beneficial use; and WHEREAS, the Town is authorized pursuant to C.R.S. § 29-1-204.2 to contract with one or more other political subdivisions of the state to form a drainage authority; and WHEREAS, the Board of Trustees of the Town of Firestone desires to enter into such a contract to form the Southwest Weld Drainage Authority. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Sectinn 1. The proposed Intergovernmental Agreement pursuant to C.R.S. § 29-1- 204.2 for the Creation of the Southwest Weld Drainage Authority between the Town of Firestone and the Town of Erie, City of Dacono, Town of Frederick, Town of Mead, City of Longmont, St. Vrain Sanitation District, Weld County Tri-Area Sanitation District, County of Weld, and St. Vrain and Left Hand Water Conservancy District, is hereby approved in essentially the same form as the copy of such Agreement accompanying this resolution. Sectinn 2. The Mayor is hereby authorized to execute the Agreement, and is further authorized to negotiate and approve on behalf of the Town such revisions to the Agreement as the Mayor determines are necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Agreement are not altered. INTRODUCED, READ, and ADOPTED this day of 2001. TOWN OF FIRESTONE, COLORADO Rick Patterson Mayor 10� ~' ATTEST: ' AI //,,a. I .0r" cc 0 • CJ �y .• : uj Cheri Andersen Town Clerk I0i09!2WI 4:36 PM NJ F;1pFF]CETuego=\ReADninAuthW.doc RESOLUTION NO. D1I37 A RESOLUTION CONCERNING FOUR PETITIONS FOR THE ANNEXATION OF PROPERTY TO THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE VOGL ANNEXATIONS NOS. ONE THROUGH FOUR TO THE TOWN OF FIRESTONE, AND FINDING THE AREAS PROPOSED TO BE ANNEXED ELIGIBLE FOR ANNEXATION WHEREAS, four petitions for annexation of property described in Exhibit A attached hereto, to be known as the Vogl Annexation Nos. One through Four to the Town of Firestone, have been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to state law, the Town Board has held a hearing and desires to adopt by Resolution its findings in regard to the petitions and eligibility for annexation. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Town Board finds and concludes that: It is desirable and necessary that the territory described in Exhibit A attached hereto and incorporated herein be annexed to the Town of Firestone. 2. The requirements of Sections 31-12-104 and 31-12-105, C.R.S., as amended, exist or have been met, including: a. Not less than one -sixth of the perimeter of the area proposed to be annexed is contiguous with the Town of Firestone; in accordance with Section 31-12- 104(1)(a), C.R.S., contiguity may be established by the annexation of the two parcels in a series. b. A community of interest exists between the areas proposed to be annexed and the Town of Firestone. C. The areas proposed to be annexed are urban or will be urbanized in the near future. d. The areas proposed to be annexed are integrated with or is capable of being integrated with the Town of Firestone. C. No land within the boundary of the territory proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, has been divided into separate parts or parcels without the written consent of the landowner or landowners thereof, unless such tracts or parcels were separated by a dedicated street, road, or other public way. f. No land within the boundary of the area proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, comprising twenty acres or more, and which, together with the buildings and improvements situated thereon, has an assessed value in excess of two hundred thousand dollars ($200,000.00) for ad valorem tax purposes for the year next preceding the annexation, has been included within the area proposed to be annexed without the written consent of the landowners. g. No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality. h. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the Town of Firestone more than three miles in any direction from any point of the boundary of the Town of Firestone in any one year. j. The territory proposed to be annexed is 276.318 acres, more or less. k. A plan is in place, pursuant to Section 31-12-105(1)(e), C.R.S. 1. Any portion of a platted street or alley to be annexed will result in the entire width of the street or alley having been included within and made a part of the Town of Firestone and reasonable access will not be denied to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the Town of Firestone but is not bounded on both sides by the Town of Firestone. 3. Four copies of an annexation map of the areas proposed to be annexed have been submitted to the Town Board and are on file with the Town. 4. Upon the annexation ordinance becoming effective, all land within the areas proposed to be annexed will become subject to all ordinances, resolutions, rules, and regulations of the Town of Firestone, except that general property taxes of the Town of Firestone, if applicable, shall become effective as of the January I next ensuing. 5. No election for annexation of the area proposed to be annexed has been held in the 2 preceding twelve months, and no election is required under Sections 31-12-107(2) or -112, C.R.S. 6. No additional terms and conditions are to be imposed other than those set forth in the annexation petition or otherwise agreed to by all owners. 7. The landowners of one hundred percent (100%) of the areas proposed to be annexed signed the petition requesting annexation, in compliance with Article H, Section 30 of the Colorado Constitution and Section 31-12-107(1), C.R.S. Section 2. The Town Board concludes that all statutory requirements have been met, that the proposed annexations are proper under the laws of the State of Colorado and the areas proposed to be annexed are eligible for annexation to the Town. The Town Board, acting in its legislative capacity and pursuant to authority granted to it by state law, may adopt one or more ordinances annexing the subject property to the Town of Firestone. IN READ, and ADOPTED thisaday of OC4ViOe• - , 2001. ATTEST: f 'ownr ~%% s , � WSe Cheri Andersen Town Clerk I W1910I 2:16 PM[sjl]F:OFFICEIFirmtorw)AnncantionNoglEtigb.pcs "'006� RickrPatterson Mayor EXHIBIT A - LEGAL DESCRIPTION VOGL ANNEXATION NO. ONE: A PARCEL OF LAND LOCATED IN THE SOUTHWEST ONE -QUARTER OF SECTION 5, THE NORTHWEST ONE -QUARTER OF SECTION 8, THE NORTHEAST ONE -QUARTER OF SECTION 7 AND THE SOUTHEAST ONE -QUARTER OF SECTION 6, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE SIXTH PR NICIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 5, THENCE SOUTH 00000'00" EAST 30.00 FEET; THENCE SOUTH 89009'38" WEST 30.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 10°41' 58" EAST 149.99 FEET; THENCE SOUTH 12022'42" EAST 149.99 FEET; THENCE ALONG A LINE BEING 30.60 FEET SOUTH OF AND PARALLEL WITH THE SOUTH LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 5 SOUTH 89009'38" WEST 60.01 FEET TO THE POINT OF BEGINNING, CONTAINING 0.101 ACRES MORE OR LESS. VOGL ANNEXATION NO. TWO: A PARCEL OF LAND LOCATED IN THE SOUTHWEST ONE -QUARTER OF SECTION 5, THE NORTHWEST ONE -QUARTER OF SECTION 8, THE NORTHEAST ONE -QUARTER OF SECTION 7 AND THE SOUTHEAST ONE -QUARTER OF SECTION 6, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE SIXTH PRI ICIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 5, THENCE SOUTH 00000'00" EAST 30.00 FEET; THENCE SOUTH 89°09'38" WEST 30.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 02° 17' 16" EAST 750.26 FEET TO A POINT ON THE WEST LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 5 WHENCE THE WEST ONE -QUARTER OF SAID SECTION 5 BEARS NORTH 00°00' 14" WEST 1930.70 FEET; THENCE SOUTH 02017'53" EAST 749.38 FEET TO A POINT BEING 30.00 FEET SOUTH OF THE SOUTH LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 5 THENCE NORTH 12022'42" WEST 149.99 FEET; THENCE SOUTH 10041'58" WEST 149.99 FEET TO THE POINT OF BEGINNING, CONTAINING 0.415 ACRES MORE OR LESS. VOGL ANNEXATION NO. THREE: A PARCEL OF LAND LOCATED IN THE SOUTHWEST ONE -QUARTER OF SECTION 5, THE NORTHWEST ONE -QUARTER OF SECTION 8, THE NORTHEAST ONE -QUARTER OF SECTION 7 AND THE SOUTHEAST ONE -QUARTER OF SECTION 6, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE SIXTH PRINICIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 4 COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 5, THENCE SOUTH 00000'00" EAST 30.00 FEET; THENCE SOUTH 89°09'38" WEST 30.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00°41'01" EAST 2500.00 FEET TO A POINT ON THE WEST LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 5 WHENCE THE WEST ONE -QUARTER OF SAID SECTION 5 BEARS NORTH 00°00' 14" WEST 180.54 FEET; THENCE SOUTH 00041'30" EAST 2499.12 FEET TO A POINT BEING 30.00 FEET SOUTH OF THE SOUTH LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 5 THENCE NORTH 02" 17'53" WEST 749.38 FEET; THENCE SOUTH 02' 17' 16" WEST 750.26 FEET TO THE POINT OF BEGINNING, CONTAINING 1.205 ACRES MORE OR LESS. VOGL ANNEXATION NO. FOUR: A PARCEL OF LAND LOCATED IN THE SOUTHWEST ONE -QUARTER OF SECTION 5, THE NORTHWEST ONE -QUARTER OF SECTION 8, THE NORTHEAST ONE -QUARTER OF SECTION 7 AND THE SOUTHEAST ONE -QUARTER OF SECTION 6, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE SIXTH PRINICIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 5, THENCE SOUTH 00000'00" EAST 30.00 FEET; THENCE SOUTH 89°09'38" WEST 30.00 FEET TO THE POINT OF BEGINNING; THENCE ALONG A LINE BEING 30.00 FEET WEST OF AND PARALLEL WITH THE WEST LINE OF THE SOUTHWEST ONE -QUARTER OF SECTION 5, NORTH 00000'14" WEST 2680,05 FEET; THENCE NORTH 89"23'55" EAST 2710.42 FEET TO THE CENTER ONE -QUARTER CORNER OF SAID SECTION 5; THENCE SOUTH 0001 1'14" EAST 1848.62 FEET TO A POINT BEING 790.05 FEET NORTH OF THE SOUTH ONE -QUARTER CORNER OF SAID SECTION 5; THENCE SOUTH 89°09'38" WEST 312.02 FEET; THENCE SOUTH 00011' 14" EAST 820.05 FEET TO A POINT BEING 30.00 FEET SOUTH OF THE SOUTH LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 5; THENCE PARALLEL WITH SAID SOUTH LINE, SOUTH 89009'38" WEST 187.89 FEET; THENCE SOUTH 00023'23" EAST 841.23 FEET; THENCE NORTH 89°09'38" EAST 500.02 FEET TO A POINT ON THE EAST LINE OF THE NORTHWEST ONE -QUARTER OF SAID SECTION 8 WHENCE THE NORTH ONE -QUARTER CORNER OF SAID SECTION 8 BEARS NORTH 00023'23" WEST 871.23 FEET; THENCE SOUTH 00°23'23" EAST 1789.35 FEET TO THE CENTER ONE -QUARTER CORNER OF SAID SECTION 8; THENCE SOUTH 89°11' 19" WEST 1987.26 FEET TO A POINT WHENCE THE WEST ONE -QUARTER CORNER OF SAID SECTION 8 BEARS SOUTH 89011' 19" WEST 719.82 FEET; THENCE NORTH 00°00'00" EAST 1888.20 FEET; THENCE NORTH 88°59'00" WEST 339.80 FEET; THENCE NORTH 00000300" EAST 730.60 FEET TO A POINT BEING 30.00 FEET SOUTH OF THE SOUTH LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 5; THENCE PARALLEL WITH SAID SOUTH LINE SOUTH 89009'38" WEST 350.04 FEET; THENCE NORTH 00°41'30" WEST 2499.12 FEET TO A POINT ON THE WEST LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 5 WHENCE THE WEST ONE -QUARTER CORNER OF SAID SECTION 5 BEARS NORTH 00000' 14" WEST 180.54 FEET; THENCE SOUTH 00°41'01" WEST 2500.00 FEET TO THE POINT OF BEGINNING, CONTAINING 274.597 ACRES MORE OR LESS. 5 RESOLUTION NO. D L.a A RESOLUTION SUPPORTING THE ST. VRAIN VALLEY SCHOOL DISTRICT BOND ISSUE AT THE NOVEMBER 6, 2001 WELD COUNTY COORDINATED ELECTION. WHEREAS, many of the school -age children residing within the Town of Firestone attend, St. Vrain Valley School District RE-1J; and WHEREAS, at the November 6, 2001 election, the St. Vrain Valley School district will be asking voters to approve a bond issue; and WHEREAS, the Firestone Board of Trustees finds that approval of this bond issue is necessary for the School District to provide adequate educational opportunities to children in Firestone who attend these schools; and WHEREAS, the Fair Campaign Practices Act, C.R.S. 1-45-117(1)(b), authorizes the Town's adoption of a resolution and taking of a position of advocacy on any issue pending before the electorate. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Firestone Board of Trustees does hereby express its support of the bond issue as proposed by the St. Vrain Valley School District RE-1J and urges its citizens to support the bond issue by voting "Yes" at the November 6, 2001 election. INTRODUCED, READ AND ADOPTED this cDQS day of 04ober,2001. TOWN OF FIRESTONE, COLORADO Rick Patterson Mayor Attest: eh- et6 Cheri Andersen Town Clerk RESOLUTION NO. A RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN AMENDMENT FOR A PROPOSED COMMUNITY CENTER COMPLEX AT EAGLE CREST PUD. WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a Final Development Plan ("FDP") amendment for a proposed Community Center Complex at the Eagle Crest Planned Unit Development ("PUD"); and WHEREAS, all materials related to the proposed FDP amendment have been reviewed by Town Staff and Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the proposed FDP amendment and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed FDP amendment and has held a properlyrnoticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed FDP amendment should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby approves the proposed Final Development Plan amendment for a Community Center Complex at the Eagle Crest Planned Unit Development, subject to the conditions set forth on Exhibit A, attached hereto and incorporated herein by reference. No subdivision of the property subject to the Eagle Crest PUD is authorized by this action. PASSED AND ADOPTED thisc36 day of noVe P , 2001. ON Ricl Patterson i� i °0 Mayor ATTEST: S 4 cpUyJV\A" N ' Cheri Andersen Town Clerk 2, EXHIBIT A Final Development Plan Amendment Conditions of Approval Eagle Crest PUD Community Center Complex EDR: 1. Modify the approval block to be for the Town Board, not the Planning Commission. 2. Provide additional clarification as to what type of masonry will be used on the wall detail and confirm on the detail that such masonry is located on the exterior side of the wall. 3. In the Parking section in the FDP text, replace the word "site plan" with "as shown on sheets 2 and 3." 4. Add the following language to the Owner's signature block on Sheet 1: `By signing this FDA, the Owner acknowledges and accepts all of the requirements and intent set forth herein." 5. Add a note that no construction of this FDP can occur until the Town receives the required raw water dedication, pursuant to agreements with the Town. 6. Add a note that the pool may be slightly enlarged. 7. Add a note detailing the pool fencing. 8. Add a note that a tarp shall be kept over stored materials in the landscape area. 9. Add a note that a basketball court may be provided within the site. General: 10. Add a development fact sheet to the notebook. 11. The applicant and Town staff to investigate a gate or other solution for the dumpster area. 12. Provide neighborhood meeting process for residents and management. C'nnstruetion Plans: 13. Fill in the necessary information on the Firestone information block. 14. Address red -line comments by the Town Engineer. 11129/01 423 Phijkkhl R.Tompany Shued Folda3lrtrutonelSubdiy% ag]cCmstCammuniiyCenterBonrd,rn 2 RESOLUTION NO. Qj- 4 Q A RESOLUTION APPROVING AMENDMENTS TO THE FIRESTONE POLICE DEPARTMENT POLICY AND PROCEDURE MANUAL THAT SPECIFICALLY ADDRESS PROFILING IN POLICING WHEREAS, the Colorado General Assembly recently passed House Bill 01-1114 requiring that all law enforcement agencies in Colorado have written policies, procedures, and training in place that are specifically designed to address profiling; and WHEREAS, the Board of Trustees finds and declares that profiling is a practice that presents a great danger to the fundamental principles of our constitutional republic and is abhorrent and cannot be tolerated; and WHEREAS, the Board of Trustees further finds and declares that motorists who have been stopped by police officers for no reason other than the color of their skin or their apparent race, ethnicity, age, or gender are the victims of discriminatory practices which are abhorrent and cannot be tolerated; and WHEREAS, the Board of Trustees further finds and declares that police officers risk their lives for public safety on a daily basis, and the Town and its citizens greatly appreciate the hard work and dedication of police officers in protecting public safety; and WHEREAS, the Board of Trustees desires that the good name of such police officers should not be tarnished by the actions of those who engage in discriminatory practices; and WHEREAS, amendments to the Firestone Police Department Policy and Procedure Manual have been proposed to specifically address profiling; and WHEREAS, the Board of Trustees finds that such amendments will serve to underscore the accountability of police officers for their actions and will provide policies, procedures and training materials to the Town' s police officers on how to avoid profiling; and WHEREAS, the Board of Trustees desires to approve such proposed amendments. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The proposed amendments to the Firestone Police Department Policy and Procedure Manual that have been proposed to specifically address profiling are hereby approved in essentially the same form as the copy of such amendments accompanying this Resolution. INTRODUCED, READ, and ADOPTED thisday of 0ownLer 2001. TOWN OF FIRESTONE, COLORADO fiY Rick Patterson Mayor Attest: Ol11 evlt 6WA-efsen Cheri Andersen Town Clerk SEAL, CLO.'o ".fTy, , 11/14/01 1:34 PMjsjllf:1OfGcelFimionelRes\HB111004yRoOlUtinn - Proposed Chapter 49.00 of Firestone Police Department Policy and Procedure Manual UNBAISED POLICING / CITIZEN CONTACT DATA 49.00 Pumose. The purpose of this policy is to unequivocally state that "profiling," as defined herein, is an abhorrent and an unacceptable practice in the Department; to provide guidelines for officers to prevent profiling, and to protect officers from unwarranted accusations of profiling when they act within the dictates of the law and policy. 49.01 Definitions. For the purposes of this Chapter 49, the following words have the following meanings: A. Profiling: The detention of a suspect or other person on the basis of race, ethnicity, age, or gender without the existence of any individualized suspicion of the particular person being stopped. B. Reasonable suspicion (also known as articulable suspicion): Suspicion that is more than a mere hunch, but is based on a set of articulable facts and circumstances that would warrant a person of reasonable caution in believing that an infraction of the law has been committed, is about to be committed, or is in the process of being committed by the person or persons under suspicion. This can be based on the observations of a police officer combined with his or her training and experience or reliable information received from credible outside sources. 49.02 Principles. In furtherance of the commitment of the Town and the Department to provide unbiased policing to all citizens, officers must understand and adhere to the following principles: A. A fundamental right guaranteed by the Constitution of the United States to all who live in this nation is the right to equal protection under the law. Along with this right to equal protection is the fundamental right to be free from unreasonable searches and seizures by government agents. B. Citizens are free to walk and drive our streets, highways, and other public places without police interference so long as they obey the law. They also are entitled to be free from crime, and from the depredations of criminals, and to drive and walk our public ways safe from the actions of reckless and careless drivers. C. The Department is charged with protecting these rights for all, regardless of color, race, ethnicity, age or gender. D. Because of the nature of their business, law enforcement officers are required to be observant, to identify unusual occurrences and law violations, and to act upon them. It is this proactive enforcement that keeps our citizens free from crime, our streets and highways safe to drive upon, and that detects and apprehends criminals. E. This Chapter is intended to assist officers in accomplishing this mission in a way that respects the dignity of all persons and yet sends a strong deterrent message to actual and potential lawbreakers that if they break the law, they are likely to encounter the police. This policy is adopted in compliance with House Bill 01-1114, which enacted C.R.S. Section 24-31-309. 49.03 Policy. It is the policy of this Department to patrol in a proactive manner, to aggressively investigate suspicious persons and circumstances, and to actively enforce the motor vehicle laws, while insisting that citizens will only be stopped or detained when there exists reasonable suspicion to believe they have committed, are committing, or are about to commit, an infraction of the law. It is also the policy of this Department that no officer shall engage in profiling. 49.04 Procedures. A. The Department's efforts will be directed toward assigning officers to those areas where there is the highest likelihood that crashes will be reduced and/or crimes prevented through proactive patrol. B. Officers will receive initial and ongoing training in proactive enforcement tactics, including training in officer safety, courtesy, cultural diversity, search and seizure laws, interpersonal communications skills, and profiling prevention. C. Training programs will emphasize the need to respect the rights of all citizens to be free from unreasonable government intrusion or police action, and will include an examination of the patterns, practices, and protocols that result in profiling and prescribe patters, practices, and protocols that prevent profiling. D. Traffic enforcement will be accompanied by consistent, ongoing supervisory oversight to ensure that officers do not go beyond the parameters of reasonableness in conducting such activities. E. Motorists and pedestrians shall only be subjected to stops, seizures or detentions upon reasonable suspicion that they have committed, are committing, or are about to commit an infraction of the law. Each time a motorist is stopped, the officer shall radio to the dispatcher the location of the stop, the description of the person or vehicle being detained, and the statute number violated or other reason for the stop, and this information shall be logged. F. The Department recognizes that with experience, individual officers may develop 2 individualized approaches that they find work best for them in minimizing conflict during officer/violator contacts. The following is provided as a recommended approach, except that Paragraph 7, concerning the furnishing of a business card, is mandatory whenever the motorist is stopped but NOT cited or arrested: 1. Give a greeting, such as "Good morning, ma'am", "Good evening, sir", etc. 2. Identify yourself, ems., "I am Officer Smith of the Firestone Police Department." 3. State the reason why the person is being stopped or detained, K.&., "I stopped you because I saw your vehicle come through the stop sign at that last intersection without coming to a complete stop." (Describing the actions of the vehicle rather than personalizing the action to the driver tends to reduce tension.) 4. It may defuse tension to ask a motorist if there was some reason for the violation. This gives the motorist the opportunity to "have their say", often leads to awadmission that the violator realized he or she was in violation, and precludes a defendant from offering a different reason at trial. If you choose not to ask but the motorist wishes to give a reason, listen politely and give them ample opportunity to tell their story. 5. Politely ask for identification and any required documents, e.g„ "May I please see your license, registration, and proof of insurance?" 6. After completing any necessary paperwork, inform the driver or pedestrian as to what action is being taken and what, if any, the person must do as a result, such as how to pay any fine involved, when and where to must make a court appearance, how to obtain a traffic court hearing, etc. 7. As required by C.R.S. Section 24-31-309(4)(a), whenever a person is detained in a traffic stop but is not cited or arrested, the person must be furnished a copy of your Department -issued business card, which includes your name, the Department's name, your officer identification information and a telephone number that may be used by the person to report any comments, positive or negative, about the stop. All officers shall provide, without being asked, a business card to any person the officer has detained in a traffic stop if that person is not cited or arrested. 8. It may be appropriate to specifically advise the person that the business card contains your name and department, other identifying information about you, and a phone number they may contact if they have any comments regarding the traffic stop. 3 9. A business card should be given to every person who is detained. For example, if only a driver is contacted during a traffic stop, then only the driver needs to be given a card. If both the driver and passenger(s) are contacted and are not free to leave (based on your comments or reasonable perceptions) then all such persons should be given business cards. 10. Give an appropriate closing. For example, if the motorist was cooperative, "Thank you for your cooperation" may be in order. Do not use the trite expression, "Have a nice day", which would be inappropriate in these circumstances. "Please drive carefully, your safety is important to us" is more appropriate. 11. Make sure the driver is able to merge safely back into the traffic stream. G. Appropriate enforcement action should always be completed, generally in the form of a ticket, warning, or other citation, or by arrest when warranted. H. The proper form must be filled out by the officer, and shall include the gender and race/ethnicity of the person stopped, if this information can reasonably be ascertained by physical appearance or from the driver's license or other documents provided by the individual. I. No motorist, once -cited or warned, shall be detained beyond the point where there exists no reasonable suspicion of further criminal activity, and no person or vehicle shall be searched in the absence of a warrant, a legally recognized exception to the warrant requirement, or the person's voluntary consent. J. In each case where a search is conducted, this information shall be recorded, including the legal basis for the search, and the results thereof. K. It is strongly recommended that consent searches only be conducted with written consent, using the proper Department form. If the individual indicates that he or she will consent to a -search but refuses to sign the form, fill out the form anyway and indicate "consented to search but refused to sign", inserting initials and the signature of any witness in the signature block. L. If the police cruiser is equipped with a video camera, the video and sound shall be activated prior to the stop, to record the behavior of the vehicle or person, and shall remain activated until the person is released and resume their journey. M. In the absence of a specific, credible report containing a physical description, a person's color, race, ethnicity, age or gender, or any combination of these, shall not be a factor in 4 determining probable cause for an arrest or reasonable suspicion for a stop. N. The deliberate recording of any misleading information related to the actual or perceived color, race, ethnicity, age or gender of a person stopped for investigative or enforcement purposes is prohibited. O. If the Department provides public information pamphlets to officers regarding the purposes of proactive enforcement, the officer may distribute the pamphlet to each person subjected to such activities, whenever appropriate. In a traffic stop, distribution of the pamphlet is in addition to and not in lieu of distributing the Department -issued business card as required by C.R.S. Section 24-31-309 and Section 49.04.F.7 above. 49.05 Com laints of Profilin . A. Any person may file a complaint with the Department if the person feels that an officer has stopped or searched the person based on profiling. No person shall be discouraged, intimidated, or coerced from filing such a complaint, or discriminated against because they have filed such a complaint. B. Any officer contacted by a person who wishes to file such a complaint, shall provide the citizen with a copy of a citizen complaint form which may be mailed or delivered in person to the Department, and shall record the person's name, address, and telephone number, and report the contact to the officer's supervisor prior to the end of the shift. C. The supervisor receiving such a report shall promptly forward it to the Chief, who shall handle the complaint in accordance with the internal affairs procedures and provisions of Chapter 47 of this Manual. 49.06 Information. On an annual basis, the Department shall compile any information derived from telephone calls received due to the distribution of business cards as described in Section 49.04.F.7, above, and that allege profiling, and derived from complaints made by persons pursuant to Section 49..05, above. The Department shall make such information available to the public, but shall not include -in such the names of any officers alleged to be involved in such profiling or the names of the persons alleging profiling. The Department may also include in such information the costs of complying with C.R.S. Section 24-31-309(4). 49.07 Supervision. Supervisors are authorized to and shall periodically review in -car video tapes of stops, reports filed on stops by officers, and other relevant information to assess compliance with this Chapter 49. Supervisors are further authorized to and shall periodically respond at random to back up officers on vehicle stops to assess compliance with this Chapter 49. Supervisors shall take appropriate action whenever it appears that this policy is being violated, being particularly alert to any pattern or practice of possible discriminatory treatment by individual officers or squads. RESOLUTION NO '-41 TOWN OF FIRESTONE, COLORADO RESOLUTION TO ADOPT BUDGET A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES FOR EACH FUND AND ADOPTING A BUDGET FOR THE TOWN OF FIRESTONE, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2002 AND ENDING ON THE LAST DAY OF DECEMBER, 2002. WHEREAS, the Board of Trustees of the Town of Firestone has directed T.L. Peterson, Town Administrator, to prepare and submit a proposed budget to said governing body at the proper time, and; WHEREAS, T.L. Peterson, Town Administrator, has submitted a proposed budget to this governing body on October 13, 2001, for its consideration, and; WHEREAS, upon due and proper notice, published or posted in accordance with the law, said proposed budget was open for inspection by the public at a designated place, and interested taxpayers were given the opportunity to file or register any objections to said proposed budget, and; WHEREAS, in accordance with the amendment ("Amendment 1") adding Article X, Section 20 to the Colorado Constitution, approved by the voters on November 3, 1992, an "Amendment One Emergency reserve" is included in the budget in a total amount estimated to equal three percent (3%) of the Town's fiscal year spending excluding bonded debt service, the final amount to be calculated during 2003 when necessary final information is available to the Town, and; WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues, keeping both within the revenue and spending limitations required by Article X, Section 20 ("Amendment 1 "), so that the budget remains in balance as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That the budget as submitted, amended, and as attached to this resolution, be, and the same hereby is approved and adopted as the budget of the Town of Firestone for the year stated above. Section 2. That the budget hereby approved and adopted shall be signed by the Mayor, and made a part of the public records of the Town. ADOPTED THIS THIRTEENTH DAY OF DECEMBER, 2001. By: - ONE Mayor ATTEST: 4 •%��W . p Town Clerk RESOLUTION NO.QL:�� TOWN OF FIRESTONE, COLORADO RESOLUTION TO SET MILL LEVIES A RESOLUTION LEVYING GENERAL PROPERTY TAXES FOR THE YEAR 2001, TO HELP DEFRAY COSTS OF GOVERNMENT FOR THE TOWN OF FIRESTONE, COLORADO, FOR THE 2002 BUDGET YEAR. WHEREAS, the Board of Trustees must certify the mill levy for the 2002 budget year by December 15, 2001, and; WHEREAS, the amount of money necessary to balance the budget for general operating expenses is $211,936, and; WHEREAS, the 2001 valuation for assessment for the Town of Firestone, as certified by the County Assessor, is $32,531,680. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That for the purpose of meeting all general operating expenses of the Town of Firestone during the 2002 budget year, there is hereby levied a tax of 6.51 mills upon each dollar of the total valuation for assessment of all taxable property within the Town for the year 2001. Section 2. That the Town Clerk is hereby authorized and directed to immediately certify to the County Commissioners of Weld County, Colorado, the mill levies for the Town of Firestone as hereinabove determined and set. ADOPTED, this Thirteenth day of December, 2001. ATTEST: � •'••.....••'GOB' Q 'OUNN� Town Clerk By. - -- Mayor r RESOLUTION NO. DLI� A RESOLUTION AUTHORIZING AND ENABLING TOWN PARTICIPATION IN THE MANUFACTURED HOME INSTALLATION INSPECTION PROGRAM OF THE STATE OF COLORADO. WHEREAS, Town participation in the manufactured home installation inspection program promulgated under C.R.S. § 24-32-3101 et sec.. (the "Program"), will promote the health, safety, and welfare of the citizens of Firestone, and is in the best interests of the Town; and WHEREAS, the Town's building inspection contractor, Colorado Inspection Agency, Inc., (`Building Inspector") has been approved and certified by the Colorado Division of Housing to perform inspections of manufactured home installations as provided in the Program; and WHERAS, the Town is authorized by law to impose and collect fees to recover the costs of performing required functions of the Program; and WHEREAS, the Town desires to authorize its Building Inspector to perform inspections of manufactured home installations on the Town's behalf and within the Town's jurisdiction, in accordance with the Program; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The above foregoing recitals are incorporated herein by reference and are adopted as findings and determinations of the Board of Trustees. Section 2. The Town's Building Inspector, Colorado Inspection Agency, Inc., is hereby authorized and directed to serve at the Town's certified inspector for the Program and to take all actions necessary to implement the Program, consistent with the requirements of the law. Section 3. The proposed Amendment to the Building Inspection Services Agreement between the Town and Colorado Inspection Agency, Inc. (the "Amendment") is hereby approved in essentially the same form as the copy of such Amendment accompanying this Resolution. The Mayor is authorized to execute such Amendment on behalf of the Town, except that the Mayor is hereby further authorized to negotiate and approve such revisions to said Amendment as the Mayor determines are necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Amendment are not altered. Section 4. The Board of Trustees hereby authorizes Town Staff to take all actions necessary to implement the Program and to ensure the Town's participation in the Program, consistent with the requirements of the law. ,t rl r Section 5. If any portion of this Resolution is held to be invalid for any reason, such decision shall not affect the validity of the remaining portions of such Resolution. The Town Board hereby declares that it would have approved and adopted such Resolution and each part thereof irrespective of the fact that any one part be declared invalid. INTRODUCED, READ, AND ADOPTED this �O�n day of J]eccMer , 2001. ATTEST: 5—�' 6 � j ef3 f Cheri Andersen Town Clerk 12l19101 10:12 AMlbiM2kservcrlcompznffiratoneSRcAManu(nctumdHo=.res.doc 2 Rick Patterson Mayor A RESOLUTION ESTABLISHING THE SALARIES FOR THE VARIOUS STAFF POSITIONS, INCLUDING APPOINTED OFFICERS AND EMPLOYEES, EXCLUDING CONTRACT CONSULTANTS, FOR THE FISCAL YEAR ENDING DECEMBER 31, 2002 FOR THE TOWN OF FIRESTONE, COLORADO. WHEREAS, the Board of Trustees of the Town of Firestone, Colorado has adopted a budget for the fiscal year 2002 setting forth revenues and expenditures for said fiscal year; and WHEREAS, certain monies contained in the adopted budget have been designated for salaries for officers and employees of the Town of Firestone, Colorado; NOW, THEREFORE BE IT RESOLVED by the Board of Trustees of the Town of Firestone, Colorado that the following salaries be set for the various officers and employees of the Town of Firestone for the fiscal year beginning January 1, 2002 and ending December 31, 2002. Monthly Yearly Town Administrator $3,508 $42,096 Town Clerk $3,500 $42,000 Deputy Town Clerk, $2,750 $33,000 Town Treasurer $3,044 $36,528 Utility Billing Clerk $2,200 $26,400 Administrative Assistants $2,020 $24,240 Chief of Police $4,000 $48,000 Police Sergeant $3,333 $39,996 Police Corporal $3,100 $37,200 Patrol Officers $2,667 $32,004 Community Service Officers $2,500 $30,000 Police/Court Clerk $2,583 $30,996 Maintenance Supervisor $3,550 $42,600 Maintenance Assistants $2,520 $30,240 INTRODUCED, READ AND ADOPTED THIS 10th DAY OF JANUARY, 2002. ATTEST: 'C ` O Clerk RESOLUTION NO. 02-01 A RESOLUTION DESIGNATING THE PLACE FOR POSTING OF NOTICES OF MEETINGS OF THE BOARD OF TRUSTEES. WHEREAS, Senate Bill 91-33 requires the Town Board to designate the public place or places for posting of notices of public meetings; and WHEREAS, such designation must be made at the first regularly scheduled meeting of each year; and WHEREAS, the Board of Trustees desires by this Resolution to designate the Town Hall as the place for posting of notices of meetings of the Board pursuant to Section 24-6-402 (2) (c), C.R.S. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO- Section 1. Pursuant to Section 24-6-402 (2)(c), C.R.S., notices of meetings of the Board of Trustees shall be posted in the entryway of the Firestone Town Hall, 151 Grant Avenue, Firestone, Colorado, 80520. INTRODUCED, READ, AND PASSED this 10�"h day of January 2002. TOWN OF FIRESTONE, COLORADO ��0•=`�•r- �{ ti = Patterson, Mayor ATTEST: ca�Gir :l o �e s� Cheri Andersen, Town Clerk RESOLUTION NO.02-02 A RESOLUTION APPROVING A FINAL SUBDIVISION PLAT AND FINAL DEVELOPMENT PLAN FOR HIGH PLAINS AT BOOTH FARMS SUBDIVISION, FILING NO. 1 WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a Final Subdivision Plat and Final Development Plan for the High Plains at Booth Farms Subdivision, Filing No. 1; and WHEREAS, all materials related to the proposed Final Subdivision Plat and Final Development Plan have been reviewed by Town Staff and the Firestone Planning and Zoning Commission, and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the proposed Final Subdivision Plat and Final Development Plan and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed Final Subdivision Plat and Final Development Plan and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed Final Subdivision Plat and Final Development Plan for the High Plains at Booth Farms Subdivision, Filing No. 1, should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby approves the proposed Final Subdivision Plat and Final Development Plan for the High Plains at Booth Farms Subdivision, Filing No. 1, subject to the conditions set forth on Exhibit A, attached hereto and incorporated herein by reference. PASSED AND ADOPTED this g day of en�y 2002. Mi ael P. ne Mayor ATTEST: K�� I Kelly Reed 11 Deputy Town Clerk EX R-MIT A Final Subdivision Plat and Final Development Plan Conditions of Approval High Plains at Booth Farms Subdivision, Filing No. 1 1. Add the Town's new "Acceptance Block" as provided by the Town Planner. 2. Add the word "Typical" to the title for the two submitted details as noted: 1) Typical Landscape Buffer of Electric/Gas Meters 2) TypicaI Landscape Screen for Air Conditioner Units, and place both details on an FDP map sheet. 3. Provide executed copies and receipts from the Districts that a petition for inclusion has been submitted to the Carbon Valley Recreation District and the Tri-Area Ambulance District for the property. 4. Any adjustment of the west boundary of Outlot H in resolution of any boundary discrepancy shall be approved by the Town Engineer prior to recording. 5. Address any outstanding red -line continents of the Town Engineer. 6. Provide a copy of the application with the title "Preliminary Development Plan," as this is a joint application. 7. Clarify interior lighting on the site. Provide staff a copy of the photometric plan to ensure it provides for adequate lighting. 8. Add the following note to the FDP: "This FDP does not become effective until any appeal period from the parties- who have standing regarding the Uniform Baseline Standards has lapsed". 9. As determined by the Town Engineer, submit necessary shares of raw water to the Town. 10. Add responses 16, 20, 21 and 22 (or others as determined by the Town Engineer) from Sovereign Homes resubmittal letter dated January 17, 2001 to the FDP text. In so doing modify the text in form to be appropriate for the FDP. 3 11. Add the "Revised Fence Layout for the Southern Boundary" detail to the FDP map sheets. 12. Execute a Subdivider's Agreement as prepared by the Town Attorney. 13. Prior to recording of the Plat, the applicant shall provide the Town with recorded copies of easements necessary to accommodate offsite grading and offsite drainage conveyance facilities. The applicant shall be responsible for the operation and maintenance of all the drainage facilities on the site and within the offsite easement. 3JI3102 *10 PM D*h] F:1Boar&rmdoc 4 RESOLUTION NO. QzA> "03 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND ITS TOWN ADMINISTRATOR WHEREAS, an agreement has been proposed between the Town of Firestone and Town Administrator T.L. Peterson regarding Ms. Peterson's retirement from employment with the Town of Firestone; and WHEREAS, the Board of Trustees of the Town of Firestone desires to enter into such agreement. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: sectinn l _ The proposed General Release and Settlement Agreement between the Town of Firestone and Town Administrator T.L. Peterson is hereby approved in essentially the same form as the copy of such Agreement accompanying this resolution. Sectinn 2_ The Mayor and Town Clerk are hereby authorized to execute the Agreement on behalf of the Town of Firestone; provided the same has first been executed by the other party thereto. INTRODUCED, READ, and ADOPTED this y Off. da of V�2002. TOWN OF FIRESTONE, COLORADO Rick Patterson ATTEST: �� A �UNTf . r-c_e Cheri Andersen Town Clerk MY2002 MUM [SFLI ROFFI RESOLUTION NO. �= C)ki A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT PURSUANT TO C.R.S. § 29-1-204.2 FOR THE CREATION OF THE SOUTHWEST WELD DRAINAGE AUTHORITY. WHEREAS, the Town of Firestone (the "Town") is authorized and empowered to provide necessary drainage services to its citizens and taxpayers, to manage storm water drainage to reduce or eliminate damage to existing or proposed water delivery systems, and to develop water resources and to construct and operate works and facilities necessary and convenient for supplying water for beneficial use; and WHEREAS, the Town is authorized pursuant to C.R S. § 29-1-204.2 to contract with one or more other political subdivisions of the state to form a drainage authority; and WHEREAS, the Board of Trustees of the Town of Firestone desires to enter into such a contract to form the Southwest Weld Drainage Authority; and WHEREAS, the Board of Trustees, by Resolution No. 01-36, previously approved a form of such contract; and WHEREAS, the form of such contract has been substantively revised, and the Board of Trustees by this Resolution desires to approve the new form of such contract and take other actions in connection therewith. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1_ The proposed Intergovernmental Agreement pursuant to C.R.S. § 29-1-204.2 for the Creation of the Southwest Weld Drainage Authority between the Town of Firestone and the Town of Erie, City of Dacono, Town of Frederick, Town of Mead, City of Longmont, St. Vrain Sanitation District, Weld County Tri-Area Sanitation District, County of Weld, and St. Vrain and Left Hand Water Conservancy District, is hereby approved in essentially the same form as the copy of such Agreement accompanying this resolution. Sertinn 2_ The Mayor is hereby authorized to execute the Agreement, and is further authorized to negotiate and approve on behalf of the Town such revisions to the Agreement as the Mayor determines are necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Agreement are not altered. Serdnn 3_ Resolution No. 0 1-3 6 is hereby repealed. INTRODUCED, READ, and ADOPTED this I "'day of 2002. TOWN OF FIRESTONE, COLORADO Rick atterson 4 •rr . Owti•. t ATTEST: �, S E AL (.'• A-41 �• n��1'7TY, GOL ! l�Ill� � Cheri Andersen Town Clerk vl IM 101%AM ISM B0F9CEkF .doe RESOLUTION NO. G& -0 A RESOLUTION APPROVING AN ASSESSMENT UPON CERTAIN PROPERTY LOCATED AT 441 McCLURE AVENUE, FIRESTONE, COLORADO WHEREAS, C.R.S. § 31-15-702(1)(a)(II1) authorizes the Town to regulate the use of sidewalks in the Town; and WHEREAS, C.R.S. § 31-15-702(l)(b)(1) states that the governing body of each municipality has the power to provide for paying the expenses of construction and maintenance of sidewalks by special assessments upon the adjacent or abutting property, which assessments shall constitute a lien; and WHEREAS, Firestone Municipal Code Section 12.28.040 states that it is the joint and several duty of each owner, occupant; or manager of any lot within the town to maintain and repair sidewalks immediately in front of such lot; and WHEREAS, the Code authorizes the Town to make necessary repairs to such sidewalks after notice has been given and the owner, occupant, or manager has failed to make such repairs; and WHEREAS, the Code authorizes the Town to make an assessment upon adjoining or abutting property when sidewalk repairs have been made by the Town; and WHEREAS, the Town, after notice and failure by the owner, occupant, or manager to do so, has made repairs to the sidewalk in front of 441 McClure Avenue, Firestone, Colorado, which property is legally described as Lot 17, Block 1, Globe Subdivision, First Filing; and WHEREAS, the Board of Trustees has been presented with a cost report for such repairs and after considering such cost report desires to make an assessment upon the property located at 441 McClure Avenue, Firestone, Colorado. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Town Board determines that an assessment against the property at 441 McClure Avenue, Firestone, Colorado, legally described as Lot 17, Block 1, Globe Subdivision, First Filing, should be made, and the Board does hereby authorize said assessment in the amount of $400.00 dollars for sidewalk repair costs incurred pursuant to Chapter 12.28 of the Firestone Municipal Code. INTRODUCED, READ, and ADOPTED this day of Fc,6ro4rv, 2002. TOWN OF FIRESTONE, COLORADO Rick Patterson Mayor Attest: (LI-I Cheri Andersen Town Clerk 1!I 1/02 I:10 PM PNI[6i]N2kscmeAcompany\ iru=onc\ResWssessmeniResdoc RESOLUTION NO. Oa-C (o A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR AN ANNEXATION PETITION FILED WITH THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE ALMO ANNEXATION TO THE TOWN OF FIRESTONE, AND SETTING A PUBLIC HEARING THEREON. WHEREAS, a petition for annexation of certain property to be known as the Almo Annexation has been filed with the Town Clerk of the Town of Firestone, Colorado, and referred to the Board of Trustees of the Town for a determination of substantial compliance with applicable law; and WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the subject property for annexation and zoning, if requested in the petition; and WHEREAS, the Board of Trustees has reviewed the petition and desires to adopt by Resolution its findings in regard to the petition. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The petition, the legal description for which is attached hereto as Exhibit A and incorporated herein by reference, is in substantial compliance with the applicable laws of the State of Colorado. Section 2. No election is required under § 31-12-107(2), C.R.S. Section 3. No additional terms and conditions are to be imposed except any provided for in the petition. Section 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexation complies with Sections 31-12-104 and 31-12-105, C.R.S., and will hold a public hearing to determine the appropriate zoning of the subject property; if requested in the petition, at the Firestone Town Hall, 151 Grant Avenue, Firestone, Colorado 80520, on Thursday, March 28, 2002, at 7:30 P.M. Section 5. Any person may appear at such hearing and present evidence relative to the proposed annexation, or the proposed zoning if requested in the petition. Section (. Upon completion of the hearing, the Board of Trustees will set forth, by resolution, its findings and conclusions with reference to the eligibility of the proposed annexation, and whether the statutory requirements for the proposed annexation have been met, and further, will determine the appropriate zoning of the subject property if requested in the petition. 1 "V Section 7. If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexation is proper under the laws of the State of Colorado, the Board of Trustees may pass one or more ordinances annexing the subject property to the Town of Firestone, and will pass one or more ordinances zoning the subject property if requested in the petition. INTRODUCED, READ, and ADOPTED this _JS_�day of , 2002. r ATTEST: • QUNTI . /l!,g Cheri Andersen Town Clerk 21141024:56PA1[sjlBk2L%e vrkcompanyTtrestane\AnnexWmDSu65tantia[Camp.rcs 2 Rick Patterson EXHIBIT A LEGAL DESCRIPTION ALMO ANNEXATION Lot A of recorded exemption No. 1313-2-4-RE405, as per map recorded August 3, 1979 in book 877 as Reception No. 1798841, being part of the SE 1/4 of the SE 1/4 Section 2, Township 2 North, Range 68 West, of the 6th P.M., Weld County, Colorado, more particularly described as follows: Commencing at the southeast corner of said Section 2; Thence N 89°25'07" W along the south line of said Section 2, a distance of 3.00 feet; Thence N 01°31'48" E a distance of 30.00 feet, parallel with and 3.00 feet west of, by perpendicular measurement, the east line of the southeast quarter of said Section 2, to a point on the north right-of-way line of Weld County Road 24 and the True Point of Beginning; Thence continuing along said north line N 89°25'07" W a distance of 414.12 feet; Thence N 17°05'42" E a distance of 200.12 feet; Thence N 30°27'35" E a distance of 207.93 feet; Thence N 62°58' 03" E a distance of 295.78 feet; Thence S 01 *31'48" W a distance of 509.33 feet to the True Point of Beginning. Containing an area of 3.40 acres, more or less. N RESOLUTION NO. Ord..- 0_7 A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR AN ANNEXATION PETITION FILED WITH THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE FARNSWORTH ANNEXATION TO THE TOWN OF FIRESTONE, AND SETTING A PUBLIC HEARING THEREON. WHEREAS, a petition for annexation of certain property to be known as the Farnsworth Annexation has been filed with the Town Clerk of the Town of Firestone, Colorado, and referred to the Board of Trustees of the Town for a determination of substantial compliance with applicable law; and WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the subject property for annexation and zoning, if requested in the petition; and WHEREAS, the Board of Trustees has reviewed the petition and desires to adopt by Resolution its findings in regard to the petition. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The petition, the legal description for which is attached hereto as Exhibit A and incorporated herein by reference, is in substantial compliance with the applicable laws of the State of Colorado. Section 2. No election is required under § 31-12-107(2), C.R.S. Section 3. No additional terms and conditions are to be imposed except any provided for in the petition. Section 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexation complies with Sections 31-12-104 and 31-12-105, C.R.S., and wilt hold a public hearing to determine the appropriate zoning of the subject property, if requested in the petition, at the Firestone Town Hall, 151 Grant Avenue, Firestone, Colorado 80520, on Thursday, March 28, 2002, at 7:30 P.M. Section 5. Any person may appear at such hearing and present evidence relative to the proposed annexation, or the proposed zoning if requested in the petition. Section 6. Upon completion of the hearing, the Board of Trustees will set forth, by resolution, its Endings and conclusions with reference to the eligibility of the proposed annexation, and whether the statutory requirements for the proposed annexation have been met, and further, will determine the appropriate zoning of the subject property if requested in the petition. 1 Section 7. If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexation is proper under the laws of the State of Colorado, the Board of Trustees may pass one or more ordinances annexing the subject property to the Town of Firestone, and will pass one or more ordinances zoning the subject property if requested in the petition. INTRODUCED, READ, and ADOPTED this Wday of 2002. ATTEST: 05-peOWN U2?� , (&I-aseyl N Cheri Andersen Town Clerk 2r141D2 S:D1 PM[sjl]kUkservekompanfFiressone%AnnexSFamsw-orth5uhssamialComp.res 2 Rick Patterson Mayor EXHIBIT A LEGAL DESCRIPTION FARNSWORTH ANNEXATION A PARCEL OF LAND LOCATED IN THE NORTH ONE-HALF OF THE SOUTHEAST ONE - QUARTER OF SECTION 18, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, 'COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST ONE -QUARTER CORNER OF SAID SECTION 18; THENCE S 00000'08" W ALONG SAID EAST LINE OF THE SOUTHEAST ONE -QUARTER OF SECTION 18 A DISTANCE OF 50.01 FEET; THENCE N 89004'57" W A DISTANCE OF 30.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 15 AND THE POINT OF BEGINNING; THENCE S 00000'08" W ALONG SAID WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 1271.74 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH ONE-HALF OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 18; THENCE N 8805535" W ALONG SAID SOUTH LINE A DISTANCE OF 1342.57 FEET; THENCE N 00000'03" W A DISTANCE OF 1268.09 FEET TO A POINT FIFTY FEET SOUTH OF THE NORTH LINE OF SAID SOUTHEAST ONE -QUARTER OF SECTION 18; THENCE S 89004'57" E ALONG A LINE THAT IS 50.00 FEET SOUTH AND PARALLEL TO THE NORTH LINE OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 18 A DISTANCE OF 1342.58 FEET TO THE POINT OF BEGINNING. CONTAINING 1,704,696 SQUARE FEET OR 39.134 ACRES MORE OR LESS. 3 RESOLUTION NO. Q& `O g' A RESOLUTION SETTING FORTH CERTAIN POLICIES CONCERNING THE TIlVIING OF TRANSFERS OF RAW WATER TO THE TOWN. WHEREAS, the Town of Firestone owns and operates a potable water supply system, and requires that sufficient raw water be transferred to the Town in connection with the provision of Town water service; and WHEREAS, the ordinances of the Town and, in certain cases, applicable annexation agreements set forth the required timing for transfers of raw water to the Town; and WHEREAS, questions have been raised as to whether required raw water transfers may be made prior to the time otherwise required by Town ordinances; and WHEREAS, the Board of Trustees desires to establish policies regarding the timing of raw water transfers that will promote efficient development within the Town, promote efficient utilization of water and the Town water system, avoid speculative transfers of water, ensure the proper administration of the Town's water activity enterprise,"and ensure that there are no increased burdens upon the Town or its citizens as a result of raw water transfers made in connection with development occurring or to occur within the Town. NOW, THEREFORE; BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO- Sectenn 1. Except as provided in Section 2, below, no raw water may be transferred to the Town pursuant to the Town's raw water dedication requirements until the property for which such water is being transferred has been granted preliminary plat approval by the Board of Trustees. No water rights transfer made prior to the time of final plat approval may be in excess of the Town's raw water dedication requirement, as estimated by the Town by reference to the preliminary plat and the uses proposed thereunder, except as provided in Section 2, below. Sertinn 2- Raw water may be transferred to the Town prior to preliminary plat approval, and raw water may be transferred to the Town in excess of the Town's raw water Ededication requirement, as estimated by the Town by reference to the preliminary plat and the uses proposed thereunder, only upon compliance with all of the following terms and conditions: A. The property for which the transfer is to be made has been effectively annexed to the Town. B. The amount of raw water to be transferred does not exceed the total amount of water that would be required based solely upon the zoning for the property, as calculated by the Town pursuant to a review of the applicable zoning documents for the property and the dedication requirements of Firestone Municipal Code Section 1.08.050. (By way of example, a 100-acre property that is zoned for a maximum of 150 single-family dwellings and 50 gross acres of commercial or industrial use could make an early raw water transfer of no more than 300 units of Colorado Big Thompson (" CBT') water.) C. The raw water to be transferred is assigned to a legally described parcel of land owned by the person requesting to transfer the water to the Town. This assignment shall be made prior to any transfer of water, and the person requesting the Town to accept such transfer shall provide proof of ownership. The water transferred shall be appurtenant to and may not be transferred apart from such parcel. D. The Town's acceptance of such transfer shall not be construed to require Town approval of, or otherwise limit or impair the Town's authority with respect to, any subdivision or other land development application for the parcel to which the water is assigned. E. If preliminary plat approval for any portion of the parcel to which the water is assigned is not obtained from the Town within two years of the date the early transfer is made on the books of the Northern Colorado Water Conservancy District, then fifteen percent (15%) of the raw water so transferred shall be deemed forfeited and available to the Town for any use without restriction. If preliminary plat approval is timely obtained for a portion of the parcel, then the requirement of this subparagraph E shall be applied successively to the remaining unplatted area and remaining raw water. The two-year period for each successive application of this requirement shall commence on the date of the most recent preliminary plat approval. F. The person requesting the early transfer of water shall be responsible for all administrative, engineering, planning and legal fees and costs associated with the processing of the transfer request and administering the raw water transferred to the Town. G. Prior to accepting any proposed early transfer of raw water, and if requested by the Town, an amendment to the annexation agreement for the affected parcel shall be executed in order to reflect the foregoing terms and conditions. H. All water transferred to the Town shall be CBT units or such other water as the Town in its sole discretion may accept, and shall be free and clear of all liens and 2 encumbrances. 1. As used herein, the term "person" shall include any "subdivider" and any "person" as defined, respectively, in Sections 16.04.020 and 17.08.350 of the Firestone Municipal Code. Sectinn.3. Each person requesting the Town accept an early transfer of raw water shall make application therefor on a form provided by the Town Clerk, and shall by execution of such application acknowledge and agree to the terms and conditions set forth in this Resolution. No transfer of raw water shall be made until the application therefor, and any accompanying amendment to the annexation agreement, has been approved and executed on behalf of the Town. INTRODUCED, READ, AND ADOPTED this day of r 2002. Rick Patterson Mayor ATTEST: � AL /V111L1L ��••�-� Cheri Andersen Town Clerk 7/1 IM2 ]&.IO AM[afi[F:wfficcWr ZmMtcsVRawwaaaMwtsrcPoHey RESOLUTION NO. 02-09 A RESOLUTION ADOPTING AMENDMENTS TO THE FIRESTONE DEVELOPMENT REGULATIONS TO REVISE THE USE CLASSIFICATIONS FOR CERTAIN UTILITY USES AND USES ASSOCIATED WITH TOWN -DESIGNATED ACTIVITIES OF STATE INTEREST WHEREAS, section 31-23-301 et seq. C.R.S. authorizes the Town to establish zoning districts and adopt zoning regulations; and WHEREAS, section 24-67-101 et seq. C.R.S. authorizes the Town to allow for planned unit developments within the Town and to adopt planned unit development regulations; and WHEREAS, pursuant to such authorities, the Town has adopted zoning and planned unit development regulations as codified in the title 17 of the Firestone Municipal Code and in the Firestone Development Regulations, as amended; and WHEREAS, pursuant to such statutes and section 17.04.020 of the Firestone Municipal Code, the Town Board desires amend the Firestone Development Regulations to revise the use classifications for certain utility uses and uses associated with Town -designated activities of state interest; and WHEREAS, the Firestone Planning Commission, after notice and hearing, has recommended the Town Board adopt the amendments to the Firestone Development Regulations as set forth in this resolution; and WHEREAS, the Town Board has provided notice of a public hearing on said amendments by publication and held a public hearing as provided in said notice. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 15.13 of the Firestone Development Regulations is hereby amended to read as follows (words added are underlined; words deleted are strieken Afetio): 15.13 Land Uses Permitted in All Land Use Categories The following uses are permitted within all land use categories. Some of the following uses may be subject to additional review or approval procedures: A. Child care facilities and private schools (Child care facilities and private schools are permitted in all the R land use categories provided that any one structure serves no more than 6 children or students.) B. All farming and ranching uses in the AG -A land use category, except as specifically prohibited C. Religious churches, synagogue and temples D. Public lands, buildings and Public streets, = Fire stations, Police stations, and Government & Special District Offices,, ever t& E. Public or private utility facilities that are not conditional uses subject to the requirements outlined in Section 15.15, ' . Section 2. Section 15.15 of the Firestone Development Regulations is hereby amended to read as follows (words added are underlined; words deleted are str-ieken &etigh): 15.15 Land Uses Subject to Special Conditions (Conditional Uses) The following uses are conditional uses which may Le permitted only upon receipt of a conditional use permit pursuant to Section 18 of these Regulations and Chapter 17.32 of the Firestone Municipal _Code. Conditional uses must comply with all in , special conditions specified in Section 18-5 and with all other applicable Town requirements, and must_ comply with and —any other permitting or approval requirements of the; United States, State of Colorado, or Weld County e€ Fir-esten as appropriate: A. Borrow Pit B. Oil and Gas Production C. Reservoirs* D. Mining E. The followin major facilities of a public or private utili : central office buildings of telephone utilities: electric transmission lines, which includes any lines operated at a nominal voltage of fifteen thousand volts or more; electric power plants and substations, and natural gas storage areas F. Rapid and mass transit terminals —stations. and fixed guidewgys G. Public or private water or sewage treatment plants, and expansions thereof H. Solid waste disposal sites * If reservoir construction involves the commercial operation and extraction of mineral deposits, then it shall be subject to all the standards related to mining. Certain of the above uses must also _comlly with the Town's regulations concerning areas and activities of state interest which are contained in Chapter 17.32 of the Firestone Municipal Code. Section 3. Section 18.0 of the Firestone Development Regulations is hereby amended to read as follows (words added are underlined; words deleted are stfisken thfeuo): 18.0 Conditional Use Permits Conditional use permit processing shall be generally consistent with the submittal requirements and the review and approval procedures of a PDP and an FDP, and a PDP and an FDP for any such use shall be approved prior to commencement of such use. The PDP requirement shall be waived if the proposed special use is to 2 be commenced within an existing structure for which structural alterations are not proposed. The Applicant shall provide any additional information that may be required by the Town Planner or the Town Engineer, including any items listed in Section 17.32.020 of the Town Code if not otherwise required by these regulations. This section particularly specifies certain requirements applicable to all conditional uses, and certain operational standards for conditional uses such as borrow pits, oil and gas production, mining and reservoir construction. In addition to these standards, permits or approvals may be required by the County or Town or other governmental agencies and shall be obtained prior to engaging in any conditional use. All conditional uses shall conform to the development standards specified herein, unless otherwise noted. Section 4. The repeal or modification of any provision of the Firestone Development Regulations by this Resolution ordinance shall not release shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such prior regulations, and each provision thereof shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 5. If any portion of this Resolution is held to be invalid for any reason, such decision shall not affect the validity of the remaining portions of this Resolution. The Town Board hereby declares that it would have approved and adopted such Resolution and each part thereof irrespective of the fact that any one part be declared invalid. INTRODUCED, READ, and ADOPTED this cDa{ day of rV 2002 Attest: 0�� &Jef'scv Cheri Andersen Town Clerk ;TONE �J • 'G 3l4M2 1:46 PM[sjl[F:bffi=V csieaeSj=NDmRegAmc dmentg fililin) 3 TOWN OF FIRESTONE, COLORADO Rick Patterson Mayor RESOLUTION NO. 02-09A A RESOLUTION PRESCRIBING WATER RATES AND CHARGES FOR THE TOWN OF FIRESTONE, COLORADO. WHEREAS, the Town of Firestone (the "Town") operates a municipal water system; and WHEREAS, the Town and Central Weld County Water District ("CWCWD") are parties to various intergovernmental agreements concerning the provision of water service and facilities to the Town; and WHEREAS, pursuant to such intergovernmental agreements, CWCWD from time to time imposes increased charges pertaining to the provision of water service to the Town; and WHEREAS, after review and analysis of the costs of providing, operating and maintaining the Town's water system, and in consideration of applicable CWCWD increases, the Board of Trustees has determined that increases in the water system rates and charges are necessary to correspond with CWCWD increases and/or the Town's increased operating costs. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. _Water rates and charges. The following monthly rates and charges shall be imposed for water service received through the Town of Firestone water system: Monthly Minimum Charge for 5,000-15,000 15,000-20,000 Over 20,000 Meter First per 1,000 per 1,000 per 1,000 Size 5,000 gallons Gallons Used Gallons Used Gallons Used 5/8" $ 21.12 $ 1.10 $ 1.20 $ 1.30 3/4" $ 48.57 $ 1.10 $ 1.20 $ 1.30 1" $ 112.00 $ 1.10 $ 1.20 $ 1.30 1-1/2" $ 260.73 $ 1.10 $ 1.20 $ 1.30 2" $ 440.57 $ 1.10 $ 1.20 $ 1.30 3" $ 862.97 $ 1.10 $ 1.20 $ 1.30 4" $1,269.85 $ 1.10 $ 1.20 $ 1.30 6" $2,739.20 $ 1.10 $ 1.20 $ 1.30 Section 2. Connection fees, capital investment and repair charges. The following connection fees and capital investment and repair charges shall be imposed, except that the Town of Firestone shall not be required to pay such connection fees for irrigation sprinkler systems for any public parks, rights -of -way, open space, or medians, or any facility developed, owned or paid for by the Town. 1 Capital Connection Investment Capital Meter Charge and Repair Investment Size CWCWD Town CWCWD Total 5/8" $ 5,800 $ 600 $ 4,000 $ 10,400 3/4" $ 7,700 $ 900 $ 6,000 $ 14,600 1" $12,500 $ 1,500 $10,000 $ 24,000 1-1/2" $23,000 $ 3,000 $20,000 $ 46,000 2" $36,400 $ 4,800 $32,000 $ 73,200 Connection fees, capital investment and repair charges for taps requiring a meter larger than 2" shall be determined by the Board of Trustees on an individual basis considering such factors as type of use, contemplated volume demand for water, effect on the entire water system in the Town, connection charge and capital investment fees imposed by CWCWD, and all other factors relevant to the application. Pursuant to the terms of an Intergovernmental Agreement for Water Main Extension ("Agreement") by and between the Town, the CWCWD, the Town of Frederick, and the City of Dacono dated February 16, 1994, the foregoing connection fees may be reduced by the amount set forth below for new water taps purchased to provide water service to any lot platted prior to January 1, 1994, which lot is located within the present Town boundaries. Such reduction shall only apply to the first twenty five (25) water taps purchased for such platted lots after CWCWD has completed the water line and increased its fees in accordance with the Agreement. Meter Tap Size Reduction Amount 5/8" $ 2,000 3/4" $ 3,000 1" $ 5,000 1-1/2" $10,000 2" $16,000 Section 3. Construction Hydrant Meter Rental Terms. The following fees shall be imposed for hydrant meters supplied by the Town for construction water use. A Hydrant Connection Permit must be obtained from the Town Clerk prior to any water being used from any fire hydrant. Such permit shall be valid for a period not to exceed 6 months. Deposit $ 1,000.00 per meter Administration Fee $ 25.00 per permit Meter Rental $ 2.00 per day Late Charge $ 5.00 per day Water Usage Rate $ 2.50 per 1,000 gallons Section 4. Section 2 of this Resolution shall become effective on N PASSED AND ADOPTED THIS )' DAY OF [nG��h 2002. �c �C ATTEST; ' CO �m �sen Cheri Andersen, Town Clerk N12IO2 2:12 PM[SlLjF.AO fim%FBesto=Mtesohif=%WatcrTapFctRcwbdwn(2OD2) TOWN OF F , COLORADO Michael P. Simone, Mayor 3 RESOLUTION NO. A RESOLUTION DELEGATING TO THE TOWN CLERK THE AUTHORITY AND RESPONSIBILITY TO APPOINT JUDGES OF ELECTION. WHEREAS, on April 2, 2002 a regular municipal election will be held in the Town of Firestone; and WHEREAS, C.R.S. § 31-10-4-1 requires the Board of Trustees to appoint the judges of election, or to delegate to the Town Clerk the authority and responsibility to appoint election judges; and WHEREAS, the Board of Trustees has determined to delegate its authority and responsibility to appoint election judges to the Town Clerk. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Pursuant to C.R.S. § 31-10-401, the Board of Trustees of the Town of Firestone hereby delegates to the Town Clerk of the Town of Firestone the authority and responsibility to appoint judges of election for the election to be held on April 2, 2002. Section 2. All such appointments made by the Town Clerk shall be in accordance with the requirements for judges of election set forth in Part 4 of the Municipal Election Code, C.R.S. § 31-10-401, et sea. INTRODUCED, READ, AND ADOPTED this _Ikl+K _ day of MC�,�,_, 2002. TOWN OF FIRESTONE, COLORADO 0. Ratterson, Mayor ATTEST: 1 Cheri Andersen Town Clerk RESOLUTION NO. 02-1_ A RESOLUTION CONCERNING A PETITION FOR THE ANNEXATION OF PROPERTY TO THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE ALMO ANNEXATION TO THE TOWN OF FIRESTONE, AND FINDING THE AREA PROPOSED TO BE ANNEXED ELIGIBLE FOR ANNEXATION. WHEREAS, a petition for annexation of property described in Exhibit A attached hereto, to be known as the Almo Annexation to the Town of Firestone, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to state law, the Town Board has held a hearing and desires to adopt by Resolution its findings in regard to the petition and eligibility for annexation. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Town Board finds and concludes that: 1. It is desirable and necessary that the territory described in Exhibit A attached hereto and incorporated herein be annexed to the Town of Firestone. 2. The requirements of Sections 31-12-104 and 31-12-105, C.R.S., as amended, exist or have been met, including: Not less than one -sixth of the perimeter of the area proposed to be annexed is contiguous with the Town of Firestone. b. A community of interest exists between the area proposed to be annexed and the Town of Firestone. The area proposed to be annexed is urban or will be urbanized in the near future. d. The area proposed to be annexed is integrated with or is capable of being integrated with the Town of Firestone. e. No land within the boundary of the territory proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, has been divided into separate parts or parcels without the written consent of the landowner or landowners thereof, unless such tracts or parcels were separated by a dedicated street, road, or other public way. 1 f. No land within the boundary of the area proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, comprising twenty acres or more, and which, together with the buildings and improvements situated thereon, has an assessed value in excess of two hundred thousand dollars ($200,000.00) for ad valorem tax purposes for the year next preceding the annexation, has been included within the area proposed to be annexed without the written consent of the landowners. g. No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality. h. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. i. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the Town of Firestone more than three miles in any direction from any point of the boundary of the Town of Firestone in any one year. j. The territory proposed to be annexed is comprised of 3.40 acres, more or less. k. A plan is in place, pursuant to Section 31-12-105(1)(e), C.R.S. Any portion of a platted street or alley to be annexed will result in the entire width of the street or alley having been included within and made a part of the Town of Firestone and reasonable access will not be denied to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the Town of Firestone but is not bounded on both sides by the Town of Firestone. 3. Four copies of an annexation map of the area proposed to be annexed have been submitted to the Town Board and are on file with the Town. 4. Upon the annexation ordinance becoming effective, all land within the area proposed to be annexed will become subject to all ordinances, resolutions, rules, and regulations of the Town of Firestone, except that general property taxes of the Town of Firestone, if applicable, shall become effective as of the January 1 next ensuing. 5. No election for annexation of the area proposed to be annexed has been held in the preceding twelve months, and no election is required under Section 31-12-107(2) or - 112, C.R.S. 2 6. No additional terms and conditions are to be imposed other than those set forth in the annexation petition or otherwise agreed to by all owners. 7. The landowners of one hundred percent (100%) of the areas proposed to be annexed signed the petition requesting annexation, in compliance with Article H, Section 30 of the Colorado Constitution and Section 31-12-107(1), C.R.S. Section 2. The Town Board concludes that all statutory requirements have been met, that the proposed annexation is proper under the laws of the State of Colorado and the area proposed to be annexed is eligible for annexation to the Town. The Town Board, acting in its legislative capacity and pursuant to authority granted to it by state law, may adopt one or more ordinances annexing the subject property to the Town of Firestone. INTRODUCED, READ, and ADOPTED this Q day of CO 4 , 2002. Rick Patterson. Mayor ATTEST: SE ' o ' O "-Ann= Cheri Andersen Town Clerk 3 EXHIBIT A - LEGAL DESCRIPTION: Lot A of recorded exemption No. 1313-2-4-RE405, as per map recorded August 3,1979 in book 877 as Reception No. 1798841, being part of the SE 1/4 of the SE 1/4 Section 2, Township 2 North, Range 68 West, of the 6th P.M., Weld County, Colorado, more particularly described as follows: Commencing at the southeast corner of said Section 2; Thence N 89125'07" W along the south .line of said Section 2, a distance of 3.00 feet; Thence N 01°31'48" E a distance of 30.00 feet, parallel with and 3.00 feet west of, by perpendicular measurement, the east line of the southeast quarter of said Section 2, to a point on the north right-of-way line of Weld County Road 24 and the True Point of Beginning; Thence continuing along said north line N 89°25'07" W a distance of 414.12 feet; Thence N 17°05'42" E a distance of 200.12 feet; Thence N 30°27'35" E a distance of 207.93 feet; Thence N 62°58'03" E a distance of 295.78 feet; Thence S 01 *31'48" W a distance of 509.33 feet to the True Point of Beginning. Containing an area of 3.40 acres, more or less. 03/26/2002 10:58 AM [M) FACompanyAFh=ta=1An x\A1=-=-d= 4 RESOLUTION NO. 02- 1a_ A RESOLUTION CONCERNING A PETITION FOR THE ANNEXATION OF PROPERTY TO THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE FARNSWORTH ANNEXATION TO THE TOWN OF FIRESTONE, AND FINDING THE AREA PROPOSED TO BE -ANNEXED ELIGIBLE FOR ANNEXATION. WHEREAS, a petition for annexation of property described in Exhibit A attached hereto, to be known as the Farnsworth Annexation to the Town of Firestone, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to state law, the Town Board has held a hearing and desires to adopt by Resolution its findings in regard to the petition and eligibility for annexation. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Town Board finds and concludes that: 1. It is desirable and necessary that the territory described in Exhibit A attached hereto and incorporated herein be annexed to the Town of Firestone. 2. The requirements of Sections 31-12-104 and 31-12-105, C.R.S., as amended, exist or have been met, including: a. Not less than one -sixth of the perimeter of the area proposed to be annexed is contiguous with the Town of Firestone. b. A community of interest exists between the area proposed to be annexed and the Town of Firestone. c. The area proposed to be annexed is urban or will be urbanized in the near future. d. The area proposed to be annexed is integrated with or is capable of being integrated with the Town of Firestone. No land within the boundary of the territory proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, has been divided into separate parts or parcels without the written consent of the landowner or landowners thereof, unless such tracts or parcels were separated by a dedicated street, road, or other public way. f. No land within the boundary of the area proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, comprising twenty acres or more, and which, together with the buildings and improvements situated thereon, has an assessed value in excess of two hundred thousand dollars ($200,000.00) for ad valorem tax purposes for the year next preceding the annexation, has been included within the area proposed to be annexed without the written consent of the landowners. g. No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality. h. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. i. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the Town of Firestone more than three miles in any direction from any point of the boundary of the Town of Firestone in any one year. j. The territory proposed to be annexed is comprised of 39.134 acres, more or less. k. A plan is in place, pursuant to Section 31-12-105(1)(e), C.R.S. 1. Any portion of a platted street or alley to be annexed will result in the entire width of the street or alley having been included within and made a part of the Town of Firestone and reasonable access will not be denied to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the Town of Firestone but is not bounded on both sides by the Town of Firestone. 3. Four copies of an annexation map of the area proposed to be annexed have been submitted to the Town Board and are on file with the Town. 4. Upon the annexation ordinance becoming effective, all land within the area proposed to be annexed will become subject to all ordinances, resolutions, rules, and regulations of the Town of Firestone, except that general property taxes of the Town of Firestone, if applicable, shall become effective as of the January 1 next ensuing. 5. No election for annexation of the area proposed to be annexed has been held in the 2 preceding twelve months, and no election is required under Section 31-12-107(2) or - 112, C.R.S. 6. No additional terms and conditions are to be imposed other than those set forth in the annexation petition or otherwise agreed to by all owners. 7. The landowners of one hundred percent (100%) of the areas proposed to be annexed signed the petition requesting annexation, in compliance with Article II, Section 30 of the Colorado Constitution and Section 31-12-107(l), C.R.S. Section 2. The Town Board concludes that all statutory requirements have been met, that the proposed annexation is proper under the laws of the State of Colorado and the area proposed to be annexed is eligible for annexation to the Town. The Town Board, acting in its legislative capacity and pursuant to authority granted to it by state law, may adopt one or more ordinances annexing the subject property to the Town of Firestone. INTRODUCED, READ, and ADOPTED thiscD day of Ma , 2002. ram$?ON � �� ......,E 4;;�pWN Rick Patterson i Mayor ATTEST:F. � 1 OQQ vlill] 7q Cheri Andersen Town Clerk EXHIBIT A - LEGAL DESCRIPTION: A PARCEL OF LAND LOCATED IN THE NORTH ONE-HALF OF THE SOUTHEAST ONE - QUARTER OF SECTION 18, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST ONE -QUARTER CORNER OF SAID SECTION 18; THENCE S 00000'08" W ALONG SAID EAST LINE OF THE SOUTHEAST ONE - QUARTER OF SECTION 18 A DISTANCE OF 50.01 FEET; THENCE N 89°04'57" W A DISTANCE OF 30.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 15 AND THE POINT OF BEGINNING; THENCE S 00°00'08" W ALONG SAID WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 1271.74 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH ONE-HALF OF THE SOUTHEAST ONE - QUARTER OF SAID SECTION 18; THENCE N 88055'35" W ALONG SAID SOUTH LINE A DISTANCE OF 1342.57 FEET; THENCE N 00000'03" W A DISTANCE OF 1268.09 FEET TO A POINT FIFTY FEET SOUTH OF THE NORTH LINE OF SAID SOUTHEAST ONE - QUARTER OF SECTION 18; THENCE S 89°04'57" E ALONG A LINE THAT IS 50.00 FEET SOUTH AND PARALLEL TO THE NORTH LINE OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 18 A DISTANCE OF 1342.58 FEET TO THE POINT OF BEGINNING. CONTAINING 1,704,696 SQUARE FEET OR 39.134 ACRES MORE OR LESS. 03/26/2002 l 1:00 AM [kkh] F:1Company\Fireslme\Annex\Famswonh.res.dx 4 RESOLUTION NO. CQ - 13 A RESOLUTION APPROVING AND AUTHORIZING THE DEDICATION OF A CONSERVATION EASEMENT OVER CERTAIN PROPERTY OWNED BY THE TOWN WHEREAS, the Town is the owner of a certain portion of the Godding Hollow drainage located adjacent to and south of Firestone Boulevard (Road 24), which property is legally described as Tract B, Eagle Crest P.U.D., a subdivision of the Town of Firestone, County of Weld, State of Colorado; and WHEREAS, Sun Communities, Inc., the developer of the adjacent Eagle Crest P.U.D., has proposed to undertake floodplain improvements within the Godding Hollow drainage; and WHEREAS, Sun's proposed activities within the Godding Hollow drainage require the consent of the Army Corps of Engineers, and the Corps has issued a permit for such work; and WHEREAS, in conjunction with the permitting of such activities, Sun has requested that the Town place a conservation easement over certain portions of the Town's Godding Hollow property to ensure such lands serve the mitigation functions they are intended to serve under the Corps permit; and WHEREAS, a proposed Dedication of Conservation Easement has been proposed for such purpose; and WHEREAS, the Board of Trustees by this Resolution desires to approve and authorize the dedication of such proposed conservation easement over portions of the Town's Godding Hollow property. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Sertinn 1. The proposed Dedication of Conservation Easement for the establishment of a conservation easement upon certain portions of the Town's Godding Hollow property known as Tract B, Eagle Crest P.U.D., is hereby approved in essentially the same form as the copy of such proposed Dedication of Conservation Easement accompanying this Resolution. Sectinn 2. The Mayor is hereby authorized to execute the Dedication of Conservation Easement, except that such Dedication shall not be executed and recorded until the improvements to be constructed by Sun within the property have been completed and accepted by the Corps and the Town. The Mayor is hereby further granted the authority to approve such revisions to said Dedication as the Mayor determines are necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Dedication are not altered. SeWan_3, The Mayor and Town Staff are further authorized to execute and deliver to the Corps correspondence indicating that the proposed Dedication will be executed and recorded upon satisfaction of the conditions set forth in this Resolution. The Mayor and Town Staff are hereby further authorized to execute and deliver all other documents and to do all things necessary to effect the dedication under the terms and conditions of the proposed Dedication accompanying this Resolution. INTRODUCED, READ, and ADOPTED this __L day of 2002. Attest: '�eAq r;O ' � .. Cheri Andersen Town Clerk 4?9M 11:20 AMIsPI :IOffmIFuWone 2 TOWN OF FIRESTONE COLORADO Michael P. Simone Mayor RESOLUTIONNO. A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND THE TRI-AREA AMBULANCE DISTRICT WHEREAS, there has been proposed a Lease Agreement between the Town of Firestone and the Tri-Area Ambulance District for the District's use of the old Town Hall located at 150 Buchanan Avenue in Firestone; and WHEREAS, the Board of Trustees has determined that the proposed lease is in the best interests of the municipality and desires to enter into such agreement with the District. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: �eetian 1. The proposed Lease Agreement between the Town of Firestone and the Tri- Area Ambulance District for lease of the old Town Hall at 150 Buchanan Avenue in Firestone is hereby approved in essentially the same form as the copy of such Lease Agreement accompanying this Resolution. Sectinn 2. The Mayor is hereby authorized to execute the Lease Agreement, except that the Mayor is hereby further granted the authority to negotiate and approve such revisions to said Lease Agreement as the Mayor determines are necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Lease Agreement are not altered. SectiwLi. The Mayor and Town Staff are further authorized to do all things necessary on behalf of the Town to perform the obligations of the Town under the Lease Agreement and to execute and deliver any and all documents necessary to effect the lease under the terms and conditions of the Lease Agreement. INTRODUCED, READ, and ADOPTED this JL� day of /4 i 2002. TOWN OF F Michael P. Simone Mayor Attest: f.J ffS Cheri Andersen Town Clerk d9M2 I I Z AM[s fIF:lOffice%FBedwm\Rn101drownHaimmm-m RESOLUTION NO. (' f 1 A RESOLUTION DESIGNATING THE TOWN'S APPOINTMENT TO THE SOUTHWEST WELD DRAINAGE AUTHORITY BOARD OF DIRECTORS. WHEREAS, pursuant to C.R.S. § 29-1-204.2, the Town of Firestone has entered into an intergovernmental agreement ("IGA") to form the Southwest Weld Drainage Authority (the "Authority"), a drainage authority to provide necessary drainage services to its citizens and taxpayers, to manage storm water drainage to reduce or eliminate damage to existing or proposed water delivery systems, and/or to develop water resources and to construct and operate works and facilities necessary and convenient for supplying water for beneficial use; and WHEREAS, pursuant to Section 5 of this IGA, the Town is to appoint one member of the ten - member Board of Directors of the Authority; and WHEREAS, the Town desires to make such appointment by this resolution of the Board of Trustees. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Seefinn 1_ The Board of Trustees hereby appoints Charlie Thomas, Jr., fi473 Saddleback Ave Firestone CO 80504 (303) R33-14?fi as the Town's member on the Board of Directors of the Southwest Weld Drainage Authority for a term of three years, as provided in Section 5(b) of the IGA. iertlnn 2_ Charlie Thomas, Jr. is hereby authorized to vote for and on behalf of the Town and to represent the Town in connection with all matters that may come before the Authority's Board of Directors from time to time. -I INTRODUCED, READ, and ADOPTED this � dayof 2002. Z F NE, COLORADO Michael P. Simone, Mayor ATTEST: (Ifh&IQM Cheri Andersen, Town Clerk 411M IR15 AM W] F.T"mury\F RESOLUTION NO. 02- l 6 A RESOLUTION SUPPORTING THE CARBON VALLEY RECREATION DISTRICT BOND ISSUE AT THE MAY 7, 2002 ELECTION. WHEREAS, many of the residents within the Town of Firestone utilize the facilities and services of the Carbon Valley Recreation District; and WHEREAS, at the May 7, 2002 election, the Carbon Valley Recreation District will be asking voters to approve a bond issue; and WHEREAS, the Firestone Board of Trustees finds that approval of this bond issue is necessary for the Recreation District to provide an increased level of services to the Tri-Town communities; and i WHEREAS, the Fair Campaign Practices Act, C.R.S. 145-117(1)(b), authorizes the Town's adoption of a resolution and taking of a position of advocacy on any issue pending before the electorate. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Firestone Board of Trustees does hereby express its support of the bond issue as proposed by the Carbon Valley Recreation District and urges its citizens to support the bond issue by voting "Yes" at the May 7, 2002 election. INTRODUCED, READ AND ADOPTED this 2nd day of May, 2002. TOWN OF FIRESTOIJF, COLORADO NN �v o ochael Simone, ayor Attest: h� •., .• p� <n G cou 6G C eri Andersen Town Clerk P, RESOLUTIONNO. C -17 A RESOLUTION APPROVING A GRANT CONTRACT BETWEEN THE TOWN OF FIRESTONE AND THE STATE OF COLORADO/COLORADO DEPARTMENT OF LOCAL AFFAIRS FOR PARTIAL FUNDING OF IMPROVEMENTS TO FIRESTONE BOULEVARD (WELD COUNTY ROAD 24) WHEREAS, the Town has been selected to receive a grant of energy impact/mineral impact assistance fiords from the Colorado Department of Local Affairs; and WHEREAS, the grant funds will be used to defray in part the costs of reconstruction of three miles of Firestone Boulevard (Weld County Road 24) from the Interstate 25 frontage road to Weld County Road 15; and WHEREAS, to implement the grant, a contract has been proposed between the Town and the State of Colorado, for the use and benefit of the Colorado Department of Local Affairs; and WHEREAS, and the Town is authorized by law to enter into such contract; and WHEREAS, the Town Board has reviewed the proposed contract, a copy of which is attached hereto, and finds and determines that execution of such contract is in the best interest of the public health, safety and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Sect;nn 1. The Town Board of Trustees hereby approves that certain contract by and between the Town and the State of Colorado for the use and benefit of Colorado Department of Local Affairs for partial funding of the reconstruction of three miles of Firestone Boulevard (Weld County Road 24), a copy of which contract is attached hereto (the "Contract"). A true copy of the Contract has been deposited with the Town Clerk and is available for public inspection at the Clerk's office. Sectina2. The Mayor is authorized to execute the Contract on behalf of the Town, except that the Mayor is further authorized to negotiate and approve such revisions to the Contract as the Mayor determines are necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Contract are not altered. SEttina i. The Mayor, Town Administrator, Town Clerk and Town staff are authorized and directed to do all things necessary on behalf of the Town to perform the obligations of the Town under the Contract. INTRODUCED, READ, and ADOPTED this —�— day of Mav 2002. TOWN OF FIRESTONE, COLORADO h--� - Michael P. Simone Mayor Attest: &&4bled - I KeflyReeO Deputy Town Clerk RESOLUTION NO. C&"A— I� A RESOLUTION APPROVING A SPECIAL USE PERMIT FOR PATINA OIL & GAS CORPORATION TO LOCATE AN OIL AND GAS WELL WITHIN THE TOWN OF FIRESTONE. WHEREAS, Patina Oil & Gas Corporation (hereinafter "Patina" or "Applicant") has submitted to the Board of Trustees of the Town of Firestone an application for a special use permit to locate within the Town an oil and gas well referred to as the Rocky Mountain Fuel V 19-9ji Well; and WHEREAS, Patina has submitted the application and supporting materials pursuant to Chapter 15.48 of the Firestone Municipal Code; and WHEREAS, all materials related to the proposed special use have been reviewed by Town Staff and Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision, zoning, and oil & gas ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Planning and Zoning Commission has held a properly noticed public hearing on the proposed special use permit request, and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed special use permit request, and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed special use permit request should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: h S�rtinn 1. The Board of Trustees does hereby approve the special use permit request of Patina Oil & Gas Corporation for location of the Rocky Mountain Fuel V 19-9ji Well within the Town of Firestone, in the location more particularly described in Exhibit A set forth below, subject to the following conditions: 1. The production facilities, as developed or modified, shall be of a low profile style, with a maximum height not to exceed twelve (12) feet. 2. The Town's special use approval shall expire on the date of expiration of the Oil and Gas Conservation Commission Permit to drill the well or one year from the date of Town approval, whichever is later, if operations for the well are not commenced by such date. In the event special use approval expires, the Applicant shall apply for a new special use permit pursuant to Chapter 15.48 of the Firestone Town Code. 3. Oil and gas operations shall be conducted in compliance with all federal, state, and local laws, rules and regulations, including but not limited to the Colorado Oil and Gas Conservation Commission permit for such well and the final special use permit application materials approved by the Town Board, which materials will be incorporated therein by reference. Applicant shall provide to the Town copies of all state approved permits and subsequent notices filed with the state and affecting the well. 4. Prior to entering the site, Applicant shall obtain from the Town necessary building permits and notices to proceed. 5. Prior to moving the drilling rig onto the well site, Applicant shall obtain from the Town and Weld County necessary permits to move the drilling rig equipment within the Town and County. 6. Applicant shall provide to the Town copies of any executed surface damage agreements or memoranda thereof respecting operation of the well. 7. In the exercise of its rights pursuant to this special use approval, Applicant shall avoid any damage or interference with any Town installations, structures, utilities, or improvements. Applicant shall be responsible for all damages to such interests of the Town that are caused by the Applicant. 8. Applicant at its sole expense shall control fugitive dust at the well site and on access roads on an as -needed basis. Methods and chemicals used for dust control shall comply with Town ordinances and regulations. 9. The oil/gas well facilities shall utilize setbacks as specified in the Colorado Oil and Gas Conservation Commission Rules and Regulations or the Firestone Town Code, whichever is more restrictive. 10. The well site area shall be secured and screened by chain link fencing with "solid" tan aluminum or vinyl lathing. 11. Water sources for drilling activities shall be from the Town of Firestone, if a water tap is utilized. 12. Machinery at the site shall be well-oiled and well -maintained to mitigate noise. 13. To the extent reasonably possible, orient the drill rig and associated motors and exhaust systems such that they point away from existing residences in the vicinity. 2 14. Drill rigs shall, to the extent reasonably possible, be equipped with higher quality noise reducing F mufflers. 15. During drilling, use a tarp around drilling floor and drawworks to mule sound. 16. Deliveries and construction traffic to and from the site shall, whenever possible, be scheduled during daylight hours. 17. To the extent reasonably possible, keep the door to the drill rig engine closed. INTRODUCED, READ, AND ADOPTED this ,�3%ay of a 2002. �?,ESTp� ATTEST: M' 'SEAL; Cs Q OUf`r�; GOLO Cheri Andersen Acting Town Clerk Michael P. Simone Mayor EXHIBIT A: Well Location The approximate location of the Rocky Mountain Fuel V 19-911 Well is 2160 feet from the south line and 470 feet from the east line of Section 19, Township 2 North, Range 67 West, 6th P.M., being located in the NEl/4SE1/4 of said Section 19. Said location lies northwest of the intersection of Weld County Roads 18 and 15. OY2W20O2 3:41 PM [kkh] FACompanylFv m mWubd NPsmmWcB V 19.9p.PC.m.dac 1] RESOLUTION NO. C " 19 A RESOLUTION OF THE TOWN OF FIRESTONE REGARDING PLAN AMENDMENTS TO THE FIRE AND POLICE PENSION ASSOCIATION STATEWIDE DEFINED BENEFIT PLAN. WHEREAS, pursuant to the authority granted in Section 31-31-408, C.R.S., the Board of Directors of the Fire and Police Pension Association has proposed certain plan amendments to the pension benefits set forth in Part 4, Article 31, Title 31, Colorado Revised Statutes and as those benefits have been previously amended, with respect to members of the Statewide Defined Benefit Plan, said proposed plan amendments including four separate amendments to the Statewide Defined Benefit Plan; and WHEREAS, the proposed plan amendments are set forth in the FPPA's Resolution 2002-2, adopted by the FPPA Board of Directors on February 27, 2002: and WHEREAS, the FPPA Board of Directors, as determined in its Resolution 2002-3, adopted on February 27, 2002, has certified that the proposed plan amendments will maintain or enhance the actuarial soundness of the plan, do not require an increase in the employer and member contribution rates, do not adversely affect the Plan's status as a qualified plan, do not adversely affect the pension benefits of retired members, and do not reduce the Plan's normal retirement age below what is permitted by law; and WHEREAS, the Board of Trustees of the Town of Firestone has reviewed said proposed plan amendments set forth in the FPPA Resolution 2002-2; and WHEREAS, the Governing Body finds that it is in the best interest of the Town and the employees thereof to register its vote on said plan amendments. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: SPrtion t _ That the Board of Trustees of the Town of Firestone hereby casts a vote for each of the four plan amendments proposed by the FPPA Board of Directors in Resolution 2002-2 as follows: Amendment 1 COLA calculation X Yes NO Amendment 2 Self -direction of SRA X Yes NO Amendment 3 Self -direction of DROP Yes NO Amendment 4 DROP -early and vested retirement _ Yes NO het-han 2- The Board of Trustees hereby further directs Town Staff to deliver a copy of this resolution to the Fire and Police Pension Association for inclusion in its plan amendment election tally. INTRODUCED, READ, and ADOPTED this a3Aday of c,� 2002. TOWN OF F O COLORADO OiN;�:l'c�` E Michael P. Simone ,n A L Mayor Attest: a, aj;6(3 Cheri Andersen Town Clerk YZY02 3:10 PM[s37jF4Dffwe FuestwwVb:i1FPPA RaoLifion L RESOLUTION NO. . A RESOLUTION CONSENTING TO THE TRANSFER OF CONTROL OF THE TOWN'S CABLE TELEVISION SYSTEM FRANCHISEE TO AT&T COMCAST CORPORATION. WHEREAS, on December 9, 1999 by Ordinance No. 429, the Town of Firestone, Colorado granted to TCI Cablevision of Colorado, Inc. ("Franchisee"), a franchise to own and operate a cable television system in the Town; and WHEREAS, Franchisee is a subsidiary of, and is controlled by, AT&T Corp. (AT&T); and WHEREAS, AT&T intends to merge with Comcast Corporation ("Comcast") to create a new company to be known as AT&T Comcast Corporation; and WHEREAS, asset forth in Firestone Municipal Code ("F.M.C.") ' 13.16.340, the Franchise requires the Town's consent to any transfer of ownership or control thereof; and WHEREAS, AT&T has entered into an Agreement and Plan of Merger dated December 19, 2001 (the "Merger Agreement") by and among AT&T Corp., AT&T Broadband Corp., Comcast Corporation and certain of their respective affiliates, and a Separation and Distribution Agreement dated December 19, 2001 by and between AT&T Corp. and AT&T Broadband Corp. (the "Merger"); and WHEREAS, this merger will effect a change of control of the Franchisee pursuant to the Franchise; and WHEREAS, pursuant to F.M.C. ' 13.16.340 and 47 U.S.C. ' 537, as amended, AT&T and Comcast have requested the Town approve the transfer of control of the Franchisee from AT&T to Comcast; and WHEREAS, the Town has investigated the status of the Franchise, the Franchisee's compliance therewith, and the technical, legal and financial ability of Comcast to control the Franchisee's compliance with the Franchise; and WHEREAS, based upon the Town's investigation, and representations made to the Town by AT&T and Comcast, upon which the Town is relying, the Town is prepared to approve the transfer of control of the Franchisee from AT&T to AT&T Comcast, pursuant to the conditions described herein. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Town hereby consents to and approves the transfer of control of the Franchise from AT&T to AT&T Comcast. Section 2. The Town confirms the Franchise is currently in full force and effect and expires on January 14, 2010. Section 3. This Resolution approving the transfer of control is based in part upon the following representations and acknowledgments made by Franchisee, AT&T and Comcast to the Town, all of which are considered material and have been relied upon by the Town: (A) That the Merger Agreement, and all of the attachments to that document, provided to the Town with FCC Form 394 (except for any materials which have been redacted pursuant to law, and are identified by title or topic in the Merger Agreement and its attachments) constitutes the entire agreement regarding the merger; (B) That all customer service standards adopted by the Town remain in full force and effect, and Franchisee will maintain staffing levels necessary to continue provision of the current level of customer service, and will comply with all federal regulations regarding technical standards of cable systems; (C) That Franchisee remains obligated to comply with all lawful terms, conditions and obligations of the existing franchise agreement between the Franchisee and the Town; and (D) That no future intra-corporate transfers, mergers, or other changes of ownership or control, affecting Franchisee, will change the obligations or liability of Franchisee to the Town with respect to any of the terms, conditions and obligations of the Franchise, unless prior approval is granted by the Town in writing; (E) That Franchisee, AT&T and/or AT&T Comcast will comply with all applicable laws regarding rates for cable services within the Franchise area and all applicable laws covering issues of cross subsidization; (F) That in the event of any failure to comply with the terms, conditions, representations and/or acknowledgments contained in this Resolution, or any misrepresentations concerning the same, the Town may enforce any penalty provisions pursuant to the Franchise and exercise any other remedy available to it by law. Section 4. By passage of this Resolution, the Town makes no representations concerning whether any violations or non-compliance issues exist with respect to the Franchise. Nothing in this Resolution shall be construed by the Franchisee, AT&T or AT&T Comcast as precluding the Town from addressing any past, present or future acts of noncompliance by Franchisee, pursuant to the terms of the Franchise. 2 Section 5. This Resolution shall take effect upon the closing of the Merger Agreement. Section 6. This Resolution is conditioned upon approval of the transaction between AT&T and Comcast by their respective shareholders and all required federal government agencies, in substantially the same form as the transaction described in the Merger Agreement and related documents delivered to the Town with Comcast's Form 394 filing. Should the transaction as approved by the shareholders and federal government agencies differ in any material respect from that represented in the documents described herein, this Resolution shall be voidable at the sole option of the Town. Section 7. Within thirty (30) days following the adoption of this Resolution, Franchisee and AT&T Comcast shall give written notice to the Town that it unconditionally agrees with and shall be bound by all terms contained in this Resolution. Section 8. Within thirty (30) days following the closing of the Merger Agreement, Franchisee shall file with the Town a statement that the above conditions have been met. INTRODUCED, READ, and Cw 32002. �s� ONE c� ' ATTEST: �fSe Cheri Andersen Acting Town Clerk OYM002 5:07 PM [M)doc ADOPTED this a3 "d day 3 TOWN OF F STO , COLORADO Michael P. Simone Mayor of RESOLUTION NO.,1 A RESOLUTION ADOPTING AMENDMENTS TO THE TOWN OF FIRESTONE PERSONNEL POLICIES WHEREAS, the Town of Firestone has previously adopted Personnel Policies, which Policies may be amended from time to time by Resolution of the Board of Trustees; and WHEREAS, the Board of Trustees by this Resolution desires to enact certain amendments to the Personnel Policies of the Town. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Subsection 2.2 of the Town of Firestone Personnel Polices is hereby amended to read in its entirety as follows: 2.2 Personnel Appeal Board. 2.2.1 The Board of Trustees, on a case -by -case basis and its discretion, shall appoint a three -member board or an administrative law judge to hear appeals as provided in Section 15 of these Personnel Policies, which appellate body shall be referred to as the "Personnel Appeal Board." Section 2. Section 13.4, including Subsection 13.41 thereof, of the Town of Firestone Personnel Policies is hereby repealed. Section 3. Subsection 13.3 of the Town of Firestone Personnel Policies is hereby amended, and new Subsections 13.4, 13.5 and 13.6 of the Firestone Personnel Policies are hereby added, to read in their entirety as follows: 13.3 Disciplinary Actions. Disciplinary Action may include: 13.3.1 Oral warning or reprimand: The employee is orally counseled as to the unsatisfactory areas of work, and methods of improvement. 13.3.2 Written reprimand: The employee is issued a written reprimand that includes a statement of the problem and a notation to the effect that the problem was discussed with the employee. A copy of the reprimand is placed in the employee's personnel file. The reprimand may also place the employee under disciplinary probation for a specified time. 13.3.3 Suspension without pay: The employee is suspended from employment for any number of days, depending on the seriousness of the problem, without pay. 13.3.4 Disciplinary demotion: The employee is placed into a position with a lower compensation rate for disciplinary reasons. 13.3.5 Termination: The employee is terminated from employment. 13.4 The type of discipline to be imposed for an infraction shall be that which the Town, through the Town Administrator, Department Head, or supervisors deems appropriate under the circumstances; each may, in his or her discretion, determine that any of the disciplinary actions set forth in this Section is appropriate, and may determine the order of any such disciplinary actions. 13.5 Certain provisions of these Personnel Policies state that disciplinary action may result from specified conduct. The inclusion of these provisions does not limit, and is not intended to limit, in any way, the imposition of disciplinary action for other types of conduct or for other reasons. 13.6 Notice and Hearing Rights. The supervisor or Department Head responsible for taking a disciplinary action that includes a suspension without pay, a disciplinary demotion, or a disciplinary termination shall provide the employee with a written notice of the proposed disciplinary action. The notice shall state the charge or charges for which the disciplinary action is proposed, and shall provide the employee an opportunity to respond to the charge or charges in a hearing with the Department Head and Town Administrator. The Town Administrator shall render a decision within 3 days of the hearing. The employee may appeal the decision as provided in Section 15.2. If no appeal is filed, the decision of the Town Administrator is final and shall be considered to be the final decision of the Town as of the decision date. Section 4. Section 15 of the Town of Firestone Personnel Policies is hereby amended to read in its entirety as follows: SECTION 15 GRIEVANCE AND APPEAL PROCEDURES 15.1 Grievance Procedures. 15.1.1 It is the desire of the Town to adjust grievances informally. Both supervisors and employees are expected to make every effort to resolve problems as they arise. It is also recognized that there may be problems that will be resolved only after a formal grievance procedure is followed. 2 15.1.2 Any employee who believes he or she has been treated unfairly or unjustly may initiate a grievance as provided in this Section 15.1. Notwithstanding the foregoing, the procedures of this Section 15.1 shall not apply to: 15.1.2.1 Temporary or seasonal employees; 15.1.2.2 Generally applicable policy matters determined by the Board, such as pay plans, personnel policies, and benefits; and 15.1.2.3 Any matter for which an appeal may be filed pursuant to Section 13.6. 15.1.3 An employee shall have 5 working days after the incident or occurrence upon which a grievance is based to present a written grievance to their immediate supervisor who shall make inquiry into the facts and circumstances of the grievance. If the grievance involves the immediate supervisor, then the grievance shall be submitted to the Department Head or, if the immediate supervisor is also the Department Head, then to the Town Administrator. If the grievance involves the Town Administrator, then the grievance shall be submitted to the Mayor. The person to whom the grievance is presented shall attempt to resolve the problem promptly and fairly and notify the employee of the grievance decision in writing within 5 working days. 15.1.4 If the employee is not satisfied with the response to his or her grievance, then the employee can request a hearing with the Department Head and Town Administrator. If the grievance involves the Department Head or the Town Administrator, then the Mayor shall attend the hearing and such Department Head or Town Administrator, or both, shall be excluded from the hearing. The Town Administrator shall render a decision within 3 days of the hearing, except that the Mayor shall render the decision within 3 days if the Town Administrator has been excluded from the hearing. The employee may appeal the decision as provided is Section 15.2. 15.2 Appeal Procedures. 15.2.1 If the employee is dissatisfied with the outcome of a hearing as stipulated in Section 13.6 or 15.1.4, the employee may file an appeal to the Personnel Appeal Board. 15.2.2 The Board of Trustees, on a case -by -case basis and its discretion, shall appoint a three -member board or an administrative law judge to serve as the Personnel Appeal Board. If an administrative law judge, such person shall be an attorney licensed to practice law in the State of Colorado who shall be appointed by and serve at the pleasure of the Board of Trustees. If a three -member board, such Personnel Appeal Board shall be comprised of the Mayor, a Town Board of Trustees member appointed to serve on such Personnel Appeal Board, and a supervisory employee appointed W annually to serve on such Personnel Appeal Board, none of whom may be the employee's commissioner or supervisor. In the event one or more of the above three persons is disqualified from service by virtue of the rules herein, the Board of Trustees shall appoint another member of the Board of Trustees or another supervisory employee, as the case may be, to serve on the Personnel Appeal Board. The Personnel Appeal Board shall be chaired by the Mayor or person appointed in the Mayor's place in the event of the Mayor's disqualification. 15.2.3 An appeal shall be initiated by filing a request in writing for an appeal hearing, as follows: 15.2.3.1 The written appeal request shall include the date of the request, the name of the employee, the general nature of the appeal and the names of any persons or departments who might have information pertinent thereto. 15.2.3.2 The request shall be addressed to the Personnel Appeal Board, and shall go to Mayor or the Town Clerk. It may be delivered to Town Hall or the Mayor, or mailed, at the option of the employee. The request for appeal must be postmarked or delivered to the Mayor or Town Clerk within 5 working days following the date of the decision which is being appealed. 15.2.3.3 At the next regularly scheduled Board of Trustees meeting occurring after the filing of the request for appeal, the Board of Trustees shall appoint a Personnel Appeal Board to hear the Appeal. 15.2.3.4 Within ten days after the Personnel Appeal Board has been appointed by the Board of Trustees, the chair of the Personnel Appeal Board shall schedule the hearing and shall notify the requesting employee of the time and place where the hearing will be held. 15.2.3.5 There is not a prescribed form for a request for an appeal, other than furnishing the essential information as set forth in Subsection 15.2.3.1, above. Should an employee request a form, or fail to provide the essential information in the initial request, a form shall be provided without cost. 15.2.3.6 A copy of the request for appeal shall be provided to the Town Administrator, together with a notice issued by the chair of the Personnel Appeal Board as to whether the Town Administrator is to be available to the Personnel Appeal Board for interview at the time of the hearing. 4 15.2.4 The following shall apply with respect to the conduct of the appeal: 15.2.4.1 At the request of the employee, the hearing by the Personnel Appeal Board shall be private and confidential. The Personnel Appeal Board may require testimony under oath, if desired, and shall have the authority to compel the testimony of other employees and the Town Administrator. 15.2.4.2 The Personnel Appeal Board shall be responsible for the conduct of the appeal hearing, and shall consider the evidence and determine relevant facts. 15.2.4.3 The parties shall have the right to be present and to be represented at the hearing, to present evidence and witnesses, and to cross-examine the other party's witnesses. Testimony shall be given under oath or affirmation. 15.2.4.4 The hearing shall be tape recorded or recorded by other appropriate means. The hearing shall not be subject to the rules of evidence governing judicial proceedings, and the chair shall consider and pass on all objections and other matters raised concerning the conduct of the hearing, and may question witnesses when necessary to gather all the facts. 15.2.4.5 Except as provided in Subsection 15.2.4.6, the Personnel Appeal Board at the conclusion of its hearing shall render a written decision containing findings of facts and conclusions and making a decision on the appeal. Such decision shall be final and no further appeal shall be permitted except as provided in Rule 106(a)(4) of the Colorado Rules of Civil Procedure. 15.2.4.6 In an appeal of involving the disciplinary action of termination, the Personnel Appeal Board shall at the conclusion of its hearing prepare written findings of fact, conclusions and recommendations which shall be promptly transmitted to the Board of Trustees. Upon receiving the final recommendation of the Personnel Appeal Board, the Board of Trustees shall by motion, resolution or other appropriate act, make a final determination on the matter. Such decision of the Board of Trustees shall be final and no further appeal shall be permitted except as provided in Rule 106(a)(4) of the Colorado Rules of Civil Procedure. W 15.2.5 The filing of an appeal under this Section 15.2 shall stay the imposition of any proposed disciplinary action pending the outcome of the appeal conducted pursuant to this Section 15.2; provided, however, that this subsection shall not be deemed to prohibit the placement of an employee on paid or unpaid leave pending such appeal under this Subsection 15.2. Section S. This Resolution and the amendments to the Town of Firestone Personnel Policies set forth herein shall take effect June 13, 2002. INTRODUCED, READ, and ADOPTED this l_day of I1 U n-f— , 2002. Attest: l Alefl rlGfefse11 Cheri Andersen Acting Town Clerk 6/131024:45 PM[sjljF:5013iceTirestonc%Rcs}PcrwnnclPolicicsAmcndmcnt.res Li TOWN OF Fl NE, COLORADO Michael P. Simone Mayor RESOLUTION NO. CQ—a,a, A RESOLUTION DESIGNATING THE TOWN'S APPOINTMENT OF AN ALTERNATE TO THE SOUTHWEST WELD DRAINAGE AUTHORITY BOARD OF DIRECTORS. WHEREAS, pursuant to CKS. § 29-1-204.2, the Town of Firestone has entered into an intergovernmental agreement ("IGA") to form the Southwest Weld Drainage Authority (the "Authority"), a drainage authority to provide necessary drainage services to its citizens and taxpayers, to manage storm water drainage to reduce or eliminate damage to existing or proposed water delivery systems, and/or to develop water resources and to construct and operate works and facilities necessary and convenient for supplying water for beneficial use; and WHEREAS, pursuant to Section 5 of this IGA, the Town is to appoint one member of the ten - member Board of Directors of the Authority; and WHEREAS, the Town by Resolution has previously appointed a Town member to the Board, and by this resolution desires to appoint an alternate member to serve in the event of the member's absence or inability to act. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: �ert;nn 1 _ The Board of Trustees hereby appoints & Cb wc,, I whose address is YR 5herilc tjti CrrCl2 _ , Firestone, CO, (303) R33-RS90 as the Town's alternate member on the Board of Directors of the Southwest Weld Drainage Authority for a term of three years, as provided in Section 5(b) of the IGA, such alternate member to serve in the event of the member's absence or inability to act, or as otherwise permitted by the Authority. iecfinn 2_ The above -named alternate is hereby authorized to vote for and on behalf of the Town and to represent the Town in connection with all matters that may come before the Authority's Board of Directors from time to time. INTRODUCED, READ, and ADOPTED this ��day of L) 2002. �Ov" v p,L a ATTEST: ��'•,, vr Okey-1. M�-P,rsen Cheri Andersen, Town Clerk TOWN OF FWSTONEI COLORADO Michael P. ne, Mayor RESOLUTION NO. A RESOLUTION APPROVING AGREEMENTS WITH TST, INC. CONSULTING ENGINEERS FOR CONSTRUCTION MANAGEMENT AND CONSTRUCTION STAKING SERVICES FOR THE FIRESTONE BOULEVARD HAPROVEMENTS PROJECT WHEREAS, the Town of Firestone intends to undertake reconstruction of three miles of Firestone Boulevard (Weld County Road 24) from the Interstate 25 frontage road to Weld County Road 15; and WHEREAS, agreements have been proposed between the Town and TST Inc. Consulting Engineers for construction management and construction staking services related to such project. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Scctinn I The proposed Agreements for Professional Engineering Services between the Town and TST, Inc. Consulting Engineers for construction management services and construction staking services for the Firestone Boulevard Improvements project (Project Nos. 0668114 and 0668115) are hereby approved in essentially the same form as the copies of such Agreements accompanying this resolution. Section 2_ The Mayor is hereby authorized to execute the Agreements, and is further authorized to negotiate and approve on behalf of the Town such revisions to the Agreements as the Mayor determines are necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Agreements are not altered. INTRODUCED, READ, and ADOPTED this 13 day of ,3 Un �P_- , 2002. TOWN OF FIRE , COLORADO ONE L o Michael P. Simone 5� Mayor • �o ATTEST: 4� •. o -elr� e Cheri Andersen Acting Town Clerk MOM 3-V PM [FA POM RESOLUTION NO., L -"-) A RESOLUTION ESTABLISHING BUILDING PERMIT FEES WHEREAS, the Board of Trustees wishes to set, by resolution, the amounts of certain building permit fees as provided for in the Firestone Municipal Code. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Pursuant to Section 15.04.030 of the Firestone Municipal Code, the permit fees required by the Uniform Building Code as adopted by the Town shall be as set forth in the fee schedule attached hereto and incorporated by reference herein as Exhibit A. Section 2. Pursuant to Section 15.08.020.A of the Firestone Municipal Code, the electrical permit fees required by the National Electrical Code shall be as set forth in the fee schedule attached hereto and incorporated by reference herein as Exhibit B. Section I The fees adopted pursuant to this resolution shall take effect on June 17, 2002. INTRODUCED, READ, and ADOPTED this day of 2002. N •. Attest: . 5 Cheri Andersen Acting Town Clerk 61[3102 3:39 PM[si[]F:%QfricelFrestone\Rcs\BuildingFccs2002.res TOWN OF FIRESTONE, COLORADO Michael P. Simo Mayor RESOLUTION NO. 0 A RESOLUTION APPROVING AN AMENDMENT TO THE BUILDING INSPECTION SERVICES AGREEMENT BETWEEN THE TOWN AND. COLORADO INSPECTION AGENCY, INC., TO REVISE THE FEES PAID UNDER SUCH AGREEMENT WHEREAS, the Town has previously entered into a Building Inspection Services Agreement with Colorado Inspection Agency, Inc., {"Building Inspector") for the purpose of providing building inspection and related services for the Town; and WHERAS, an amendment has been proposed to such Agreement to revise the fees to be paid to the Building Inspector under such Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The proposed Second Amendment to the Building Inspection Services Agreement between the Town and Colorado Inspection Agency, Inc. (the "Amendment") is hereby approved in essentially the same form as the copy of such Amendment accompanying this Resolution. The Mayor is authorized to execute such Amendment on behalf of the Town, except that the Mayor is hereby further authorized to negotiate and approve such revisions to said Amendment as the Mayor determines are necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Amendment are not altered. INTRODUCED, READ, AND ADOPTED this Ly day of V n Cl , 2002 u0ccoun ATTEST: Cheri Andersen Acting Town Clerk 61111029:19AM[sAF:VOffeoelFrtaton UteXIA2edAnrtoemnctl2OM= Mic ael P. Simone Mayor RESOLUTION NO.02-2b A RESOLUTION APPROVING FINAL SUBDIVISION PLATS AND FINAL DEVELOPMENT PLANS FOR MOUNTAIN SHADOWS FILING NOS. 1 AND 2 WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of final subdivision plats and final development plans for Mountain Shadows, Filing Nos. I and 2; and WHEREAS, all materials related to the proposed final subdivision plats and final development plans have been reviewed by Town Staff and Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission held a properly noticed public hearing on the proposed final subdivision plats and final development plans and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed final subdivision plat and final development plan and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed final subdivision plats and final development plans for Mountain Shadows Filing Nos. 1 and 2, should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby approves the proposed Final Subdivision Plats and Final Development Plans for Mountain Shadows Filing Nos. I and 2, subject to the conditions set forth on Exhibit A, attached hereto and incorporated herein by reference. PASSED AND ADOPTED this o 70day of UL) t) e. Michael P. Simone Mayor ATTEST: SV,p,L Cheri Andersen Acting Town Clerk EXHIBIT A Final Subdivision Plats and Final Development Plans Conditions of Approval Mountain Shadows, Filing Nos. 1 and 2 Final Plats Address red -line comments from the Town Engineer on the Plats. Also, adjust the Plats, in pertinent part, pursuant to comments made by the Town Engineer on other sections of application. 2. Provide "Intent to serve" letters from utility providers. 3. The signature line under the dedication language needs to have the proper owner(s) name(s). Also, use such proper names in the "Owner" and "Developer" notes on Sheet 1. 4. Dedicate Tracts D, E, F, G, 1 and J to the Town and create a new tract over the utility and drainage easement at the south end of Block 8, Filing No. 2, and dedicate that tract to the Town, all as specified by the Town Engineer. 5. Adjust the Vicinity Maps to use proper Firestone Street Grid names. b. Remove notes and detail regarding building setbacks as they should be specified on the FDP not the Plat. Adjust dedication language to avoid any confusion that "all serving public utilities" would not have use of Tract A without the Town's consent. 8. Confirm in writing that the referenced HOA has been formed. 9. Adjust the revision blocks on each Plat to be consistent. 10. Address any red -line comments from the Town Attorney. 11. Plats will not be recorded until the applicant has demonstrated Patina Oil has relinquished its right to drill the two wells for which a permit has been previously approved by the Town, but have not yet been drilled, or until such permits lapse. 12. Add a note to the Plats and FDPs that active agricultural uses exist in the area. Final Development Plans 13. Adjust FDPs to be consistent with the Final Plats and the relevant comments made thereto. 14. Provide copies of all HOA documents, including covenants, to the Town. 15. Adjust the revision blocks on each FDP to be consistent. 16. The FDP legal descriptions need to match those on the Final Plats. 17. Ownership names need to match those shown on the Final Plats. 18. Label adjacent subdivisions and their current land uses. 19. See Engineer's redlines and make adjustments to street light spacing. 20. The Addressing Plan does not meet the Town's addressing convention. Lots with an address in the 6000-6200 should be in the 5800-6000 range. Make the necessary changes. 21. Add Firestone Street names to the Vicinity Maps. 22. In the Project Concept section, delete the last sentence of the first paragraph. 23. In the Proiect Concept section, add a note that Tracts K and L will require both Preliminary and Final Development Plan separate approvals from the Town Board of Trustees prior to the issuance of any building permits for such areas. 24. In the Project Concert section, remove the word "expected" from the third paragraph. 25. In the Utilities and Services section, provide a paragraph regarding the calculated total water dedication requirements for both the single family residential lots and the irrigation demand for the areas being irrigated. Use multipliers as provided by the Town Engineer. 26. Add an Architectural Section and incorporate by reference the details provided. If specific architectural details are now available, add them. Add a statement that all homes will be "stick built", as previously stated, and note that each dwelling unit will have at least a two car garage. Also, note that individual models used in the subdivision will not be directly located next to or across from each other. Describe permitted building colors and the amount and type of rock, brick or masonry for each elevation. Provide architectural details for the rear and sides of buildings that will face parks, streets and other public areas to break up building planes. 27. Include language that will set forth criteria for varying building setbacks along the longer straight sections of noted local streets, including the rear setbacks along Colorado Boulevard. 28. In the Land Use _ Zoning_- Density section, clarify the number of lots of each Filing and the associated acreage of each and calculate the density for each Filing and for both filings. In all cases leave Tracts L and K out of the residential calculations. 29. In the Land Use — Zoning - Density section, confirm and state the maximum and minimum lot sizes for each Filing. 30. In the Building Height section, replace the words "guidelines would be" with the words "limitations are". Also, add a sentence that states: "Building heights are calculated as defined in the Uniform Building Code. Also, delete the building height reference for the "Commercial Areas" as this FDP does not apply to them. 4 31. In the Park and Trail Development section, provide a public land dedication calculation table for park dedication compared to the total platted area, including the commercial areas. 32. Excluding that portion along Colorado Boulevard right-of-way, construct a 10-foot wide concrete trail along the areas shown in Exhibit B and also construct an irrigation system to water five acres of bluegrass park area and the low water demand turf areas also generally shown in Exhibit B, and adjust Iandscape plans accordingly. 33. Site grading for the park area to be shown in the utility plans, as to be approved by the Town Engineer. 34. Landscape Tract I with trees and shrubs, and install two park benches, and adjust landscape plans accordingly. 35. In the Accept__ance_ Block section, add the proper owners to the signature line(s). 36. Remove the reference to "Best Buy Homes" from the architectural detail sheet. 37. Include the Landscape and Irrigation Plans with the FDP and number them sequentially after the other FDP sheets. 38. Coordinate the language in the sign detail regarding fencing type, with the note associated to the fencing detail. 39. Show on the FDP sheets the specific locations for two rail versus privacy fencing and whether each will be installed by the developer or the homeowner. Also provide time schedules for installation. 40. Clarify if there are any fences on any part of the property that are existing and if and when they will be removed. 41. Reword fencing detail note 3, as it is not clear. 42. Show the specific location of all existing and known approved oil/gas wells. Detail planned fencing, landscaping and access to such areas. 43. Provide landscape plans and details for all Tracts, except K and L. Use a more legible scale than 1"=120'. 44. Provide a cross section for the Tracts along Colorado Boulevard to show typical landscaping and berms. 45. Tracts F, G and portions of 1 shall require a 10-foot concrete walkway. 46. Specify the plant material in the "grove of shade trees section". 47. Clarify the setback from roadway set forth on Sheet 1 of the FDP for Filing No. 1. 5 48. If Tract E, Filing No. 2 is not platted into buildable lots within 2 years from date of approval of the FDP, it will be seeded and irrigated to serve as additional green open space. 49. Note on the FDP that privacy fencing will be built by the developer along the north, east and south sides of the property, and either split rail fencing or privacy fencing may, at the option and expense of the homeowners, be built along the west and south sides of the property, all as shown in Exhibit C. Final Utility Plans, Technical Documents and Resorts 50. Address all comments from the Town Engineer. Subdivider's Agreement 46. An executed Subdivider's Agreement(s) as prepared by the Town Attorney shall be required prior to recording the plat. 06/27/2002 10:10 PM [k kh] F:1ConTanylFirestonel5ubdiLWoantain5hradoivsFilings I &M.res.doc RESOLUTION NO. A RESOLUTION APPROVING AN AGREEMENT WITH TST, INC. CONSULTING ENGINEERS, FOR DESIGN AND ENGINEERING SERVICES FOR BIRCH STREET IMPROVEMENTS WHEREAS, the Town of Firestone intends to undertake paving improvements to Birch Street from its intersection with Sable Avenue and continuing one half mile south; and WHEREAS, an Agreement has been proposed between the Town and TST Inc. Consulting Engineers for design and engineering services related to such project. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The proposed Agreement for Professional Engineering Services between the Town and TST, Inc. Consulting Engineers for design and engineering services for paving of a portion of Birch Street (Project No. 0668117) is hereby approved in essentially the same form as the copy of such Agreement accompanying this resolution. Section 2. The Mayor is hereby authorized to execute the Agreement, and is further authorized to negotiate and approve on behalf of the Town such revisions to the Agreement as the Mayor determines are necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Agreement are not altered. INTRODUCED, READ, and ADOPTED this a1th day of TO OC. , 2002. TOWN OF FIRESTON RADO Michael P. Simone Mayor ATTEST: Tammy ese Deputy Town Clerk 611902 1'-6 PNI [sjl] F IDFFICEzFireszD=e Res?xicCNre Bir[hS%rmDesicnContra[s ra RESOLUTION NO.02-28 A RESOLUTION APPROVING A PRELIMINARY SUBDIVISION PLAT AND PRELINIINARY DEVELOPMENT PLAN FOR SADDLEBACK. WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a preliminary subdivision plat and preliminary development plan for the Saddleback subdivision and planned unit development; and WHEREAS, all materials related to the proposed preliminary subdivision plat and preliminary development plan have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Planning and Zoning Commission has held a properly noticed public hearing on the proposed preliminary subdivision plat and preliminary development plan, and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed preliminary subdivision plat and preliminary development plan, and has held a properly noticed public hearing on the applications; and WHEREAS, the Board of Trustees finds that the proposed preliminary subdivision plat and preliminary development plan should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1, The Board of Trustees does hereby recommend approval of the proposed preliminary subdivision plat and preliminary development plan for Saddleback, subject to the conditions set forth on Exhibit A, attached hereto and incorporated herein by reference. PASSED AND ADOPTED this a s day of J-" 1 Y , 2002.-_, Michael P. Simone Mayor ATTEST: f y od CDp,L own er • SE • •c EXHIBIT A Preliminary Subdivision Plat and Preliminary Development Plan Conditions of Approval Saddleback PUD 1. Add the following note to Preliminary Plat: "Until a LOMR is approved by FEMA the portions of Block 28 & 29 that are shown in the floodplain cannot be included on a Final Plat". Add the following note on the Preliminary Plat: "Written documentation from AT&T shall be provided to the Town at the time of Final Plat noting that the layout shown on this plat for the area along their easement is acceptable to AT&T". Add the following note to the Preliminary Plat: "The right-of-way dedicated along Pine Cone (50') and Frontier (60') shall be conveyed to the Town by a warranty deed at the time of Final Plat. 4. Outlots being dedicated to the Town should be so noted in the dedication statement. Add the following note on the Preliminary Plat: "Written documentation from the pipeline owner shall be provided to the Town at the time of Final Plat noting that the layout shown on this plat, for the area along their pipeline as it traverses Saddleback PUD, is acceptable to the pipeline owner". 6. Revise documents consistent with Town Engineer's red -lined comments. Adjust Curve C5 to meet the Town's criteria or obtain a variance from the Town Engineer. 8. All streets shall adhere to the Town's street naming convention (e.g., adjust the Plat so that Ferncrest Street does not change its name to Foxfire Street). 9. Show the existing right-of-way in Section 20 as dedicated. 10. Adjust the Panorama Street section to remove reference to a "blanket access easement." 11. Remove "and utility easement" from the note pertaining to Outlot K. 12. Divide Outlots A, E, G and O into two Outlots being 30 feet wide along Outlot P. Show this as right- of-way dedication to the Town and landscaped and maintained by the HOA. For the remaining portions of those Outlots, note they will be owned and maintained by the HOA. 13. Delete Note 1 on Sheet 3 relating to proposed setback variance. 14. Adjust the Note section on Sheet 1 of the Plat to reflect the information in the following table (acreages noted below are approximate, actual acreages shall be acceptable to the Town Engineer). E Acres**— Puhlon Land Owned by Town developed and maintained by H.O.A. Outlot C D F I Regional Trail along Golf Course 3.35 Outlot K 1 Park and Detention Area 6.10 Total 9.46 percent of total acreage 6.3% Owned by Town/HOA*** developed and maintained by H.O.A. Outlot A* B I Walkway and landscaped area along Frontier St. 2.23 Outlot A*, E*, G*, H, O* 1 Walkway and landscaped area along Pine Cone Ave. 1.80 Outlot P 1 Road R.O.W. along Frontier and Pine Cone 7.75 Total 11.78 percent of total acreage 7.9% Owned developed and maintained by H.O.A. Outlot I N 1 Gas Well Easement and Private Park 2.25 Outlot J I Gas Well Easement and Trail 0.24 Outlot L 1 Private Park Tot Lot 0.16 Outlot M 1 Community Center and Private Park 0.86 Total 3.51 percent of total acreage 2.3% * these outlots will be split to create separate outlots for entry signage which will be owned, developed and maintained by H.O.A. ** acreage of those outlots which will be split (*) are approximated *** as determined by the Town. 15. Provide a complete title reference to the Phase I Site Assessment and the Drainage Report on the text sheet. Do not reference either as an "exhibit". 16. See Town Engineer's red -lined plans for additional comments. 17. Add a note to Sheet 5 that clarifies that the 10-foot wide concrete trail will extend from its location at Outlot J across Block 28, then to and across Outlot K to connect to the Firestone Trial. 18. Adjust the text and table to reflect the updated public land dedication identified above. 19, Note in Section 8.7.16 that there shall be no walkout lots along the golf course. 20. Delete reference to Metro District in the Existing Gas well Easement section. 21. Include pertinent comments from the Preliminary Plat. 22, In Section 8.7.15 delete reference to parking for housing types other than single family and also clarify the text to note that all homes will have at least a two car garage. 3 23. Add a statement in Section 8.7.11 that public land dedication credits will be carried forward with each FDP, until such time that they are negative at which time cash -in -lieu payments shall be required. 24. See the Town Engineer's red -lined plans for additional comments. 25. Provide offsite roadway improvement design planimetrics, acceptable to the Town Engineer for Pine Cone, Colorado and Frontier as required by the Traffic Study. 26. Provide information to the Town regarding the status of whether the easement referenced in Exception 26 was recorded. 27. The tax certificates provided indicate that at least a portion of the property is not within the recreation district and therefore a petition for inclusion will need to be provided. 28. Revise documents consistent with comments from the Town Engineer. 29. Revise documents consistent with comments from the Town Engineer. 30. Revise documents consistent with comments from the Town Engineer. 31. Revise documents consistent with comments from the Town Attorney. 32. Delete reference to "Exhibits" in the PDP text and include such information on a PDP sheet. 33. Add an acceptance block for the owner's signature to the PDP and the preliminary plat. 34. The ten -foot trail running east -west along the southern project boundary shall provide continuous pedestrian access from the first phase of final platting, and may include temporary trail improvements for future phases for this purpose. 35. Consider potential dog -pedestrian conflicts in final fence program. 7/26M 7:17 AM [kkh] F:SCompanylFucsme)SubdiASeddiebackPUD.PDP.IB.tto.doc 4 RESOLUTION NO. L) J_ - 29 A RESOLUTION APPROVING AN AGREEMENT WITH HALL-IRWIN CORPORATION FOR CONSTRUCTION OF WATERLINE IMPROVEMENTS WHEREAS, the Town of Firestone intends to construct certain waterline improvements to loop the Oak Meadows/Booth Farms water system with the St. Vrain Ranch/Ridge Crest water system, and WHEREAS, an Agreement has been proposed between the Town and Hall -Irwin Corporation for construction of such improvements. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO- Section 1_ The proposed Agreement entitled Firestone Boulevard Improvements — Construction Offsite-10" Waterline, between the Town and Hall -Irwin Corporation, for construction of waterline improvements, is hereby approved in essentially the same form as the copy of such Agreement accompanying this resolution. Sertinn 2_ The Mayor is hereby authorized to execute the Agreement, and is further authorized to negotiate and approve on behalf of the Town 'such revisions to the Agreement as the Mayor determines are necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Agreement are not altered. INTRODUCED, READ, and ADOPTED this 1 Sk day of u u S 2002. TOWN OF TO COLORADO Michael P. 91mone Mayor ATTEST: STpN� �OwIN :Heown CSEA '. Q i136'� 9� AM(�71¢iQdnlFceoelRasSwemadxs Can . ••' • • • � n�.� RESOLUTION NO. LI_Z_-30 A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR AN ANNEXATION PETITION FILED WITH THE TOWN OF FIRESTONE, COLOR -ADO, KNOWN AS THE STONERIDGE ANNEXATION TO THE TOWN OF FIRESTONE, AND SETTING A PUBLIC HEARING THEREON. WHEREAS, a petition for annexation of certain property to be known as the Stoneridge Annexation has been filed with the Town Clerk of the Town of Firestone, Colorado, and referred to the Board ofTrustees of the Town for a determination of substantial compliance with applicable law; and WHEREAS, the Board of Trustees wishes to permit simultaneous consideration ofthe subject property for annexation and zoning, if requested in the petition; and WHEREAS, the Board of Trustees has reviewed the petition and desires to adopt by Resolution its findings in regard to the petition. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The petition, the legal description for which is attached hereto as Exhibit A and incorporated herein by reference, is in substantial compliance with the applicable laws of the State of Colorado. Section 2. No election is required under § 31-12-107(2), C.R.S. Section 3. No additional terms and conditions are to be imposed except any provided for in the petition. Section 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexation complies with Sections 31-12-104 and 31-12-105, C.R.S., and will hold a public hearing to determine the appropriate zoning of the subject property, if requested in the petition, at the Firestone Town Hall, 151 Grant Avenue, Firestone, Colorado 80520, on Thursday, September 26, 2002, at 7:30 P.M. Section 5. Any person may appear at such hearing and present evidence relative to the proposed annexation, or the proposed zoning if requested in the petition. Section 6. Upon completion of the hearing, the Board of Trustees will set forth, by resolution, its findings and conclusions with reference to the eligibility of the proposed annexation, and whether the statutory requirements for the proposed annexation have been met, and further, will determine the appropriate zoning of the subject property if requested in the petition. Section 7. If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexation is proper under the laws of the State of Colorado, the Board of Trustees may pass one or more ordinances annexing the subject property to the Town of Firestone, and will pass one or more ordinances zoning the subject property if requested in the petition. INTRODUCED, READ, and ADOPTED this � day of Lt& 2002. Michael P. Simone Mayor ATTEST: Lct�-X y Heg d own Cle g fM2 4.09 PAIlsjN2k-crkcompanyFiratoncWex\Stoneri3geSubstantia]Comp.res 2 EXHLBIT A LEGAL DESCRIPTION RESOLUTION NO. Oz -- 31 SERIES 2002 A RESOLUTION APPROVING A SPECIAL USE PERMIT FOR KERR-McGEE ROCKY MOUNTAIN CORPORATION TO LOCATE AN OIL AND GAS WELL WITHIN THE TOWN OF FIRESTONE. WHEREAS, Kerr-McGee Rocky Mountain Corporation (hereinafter "Kerr-McGee" or "Applicant") has submitted to the Board of Trustees of the Town of Firestone an application for a special use permit to locate within the Town an oil and gas well referred to as the Cheng #3-8A Well; and WHEREAS, Kerr-McGee has submitted the application and supporting materials pursuant to Chapter 15.48 of the Firestone Municipal Code; and WHEREAS, all materials related to the proposed special use have been reviewed by Town Staff and found with conditions to be in compliance with Town of Firestone subdivision, zoning, and oil & gas ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission on August 7, 2002 held a properly noticed public hearing on the proposed special use permit application, and has forwarded to the Board of Trustees a recommendation of approval with conditions; and WHEREAS, after a duly -noticed public hearing, at which evidence and testimony were entered into the record, the Board of Trustees finds the special use request for the Cheng #3-8A Well should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby approves the special use permit request of Kerr- McGee Rocky Mountain Corporation for location of the Cheng #3-8A Well within the Town of Firestone, in the location more particularly described in Exhibit A attached hereto, subject to the following conditions: The production facilities, as developed or modified, shall be of a low profile style, with a maximum height not to exceed twelve (12) feet. 2. The Town's special use approval shall expire one year from the date of Town approval if operations for the well are not commenced by such date. In the event special use approval expires, the Applicant shall apply for a new special use permit pursuant to Chapter 15.48 of the Firestone Town Code. 3. Oil and gas operations shall be conducted in compliance with all federal, state, and local laws, rules and regulations, including but not limited to the Colorado Oil and Gas Conservation Commission permit for such well and the final special use permit application materials approved by the Town Board, which materials will be incorporated therein by reference. Applicant shall provide to the Town copies of all state approved permits and subsequent notices filed with the state and affecting the well. 4. Applicant shall obtain from the Town necessary building permits and notices to proceed. 5. Prior to moving the drilling rig within the Town, Applicant shall obtain from the Town necessary permits to move the drilling rig equipment within the Town. C. Applicant shall provide to the Town copies of any executed surface damage agreements or memoranda thereof respecting operation of the well. 7. In the exercise of its rights pursuant to this special use approval, Applicant shall avoid any damage or interference with any Town installations, structures, utilities, or improvements. Applicant shall be responsible for all damages to such interests of the Town that are caused by the Applicant. 8. Applicant at its sole expense shall control fugitive dust at the well site and on access roads on an as -needed basis. Methods and chemicals used for dust control shall comply with Town ordinances and regulations. 9. The oil/gas well facilities shall utilize setbacks as specified in the Colorado Oil and Gas Conservation Commission Rules and Regulations or the Firestone Town Code; whichever is more restrictive. 10. The tank and well head locations shall each be secured and screened by chain link fencing with "solid" tan aluminum or vinyl lathing, except that no lathing shall be required on the access side of the fence. 11. Water sources for drilling activities shall be from the Town of Firestone, if a water tap is utilized. 12. Machinery at the site shall be well-oiled and well -maintained to mitigate noise. 2 N 13. To the extent reasonably possible, orient the drill rig and associated motors and exhaust systems such that they point away from existing residences in the vicinity. 14. Drill rigs shall, to the extent reasonably possible, be equipped with higher quality noise reducing mufflers. 15. During drilling, use a tarp around drilling floor. and drawworks to muffle sound. 16. Deliveries and construction traffic to and from the site shall, whenever possible, be scheduled during daylight hours. 17. To the extent reasonably possible, keep the door to the drill rig engine closed. PASSED AND ADOPTED this day of t , 20Q . 3 Michael P. Simone Mayor EXHIBIT A: Well Location The approximate location of the Cheng 93-8A Well is the NE '/4 of the NW '/4 of Section 8, Township 2 North, Range 67 West, 6"' P.M. OMY2002 4:3 3 MM [kkhj N2kserverkamp3n f restanc%Suhdi AKcrrMcGee.ChenujSA,Board.res,doc M RESOLUTION NO. Q Z " 3 A RESOLUTION APPROVING AND ADOPTING A REVISED TOWN OF FIRESTONE DESIGN CRITERIA AND CONSTRUCTION SPECIFICATIONS MANUAL FOR DEVELOPMENT PROJECTS WITHIN THE TOWN OF FIRESTONE WHEREAS, state law, including but not limited to sections 31-23-201 et seq., 31-23-301 et seq., and 24-67-101 et seq., C.R.S., authorize the Town to adopt regulations governing the zoning, subdivision, and development of land within the Town's jurisdiction; and WHEREAS, pursuant to such laws, the Town has adopted zoning, subdivision, and development regulations as codified in the titles 16 and 17 of the Firestone Municipal Code and in the Firestone Development Regulations, as amended; and WHEREAS, pursuant to such laws and ordinances, the Town Board desires to adopt a revised Town of Firestone Design Criteria and Construction Specifications Manual (the "Manual"), which Manual is intended to replace prior versions of the Town's design criteria and construction specifications. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. There is hereby approved and adopted the Town of Firestone Design Criteria and Construction Specifications Manual, August 2002 edition (the "Manual"), a copy of which Manual as hereby approved shall be placed in the Office of the Town Clerk together with a certified copy of this Resolution. Section 2. All applicants for subdivision, zoning, rezoning or development shall be advised as to the existence of the Manual, and a copy thereof shall be made available to such applicants. Section 3. The Manual approved and adopted by this Resolution is intended to and shall replace any prior versions of the Town's design criteria and construction specifications, and such prior versions are hereby repealed. However, such repeal shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such prior regulations or amendments thereto, and each provision thereof shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 4. If any portion of the Manual approved and adopted by this Resolution is held to be invalid for any reason, such decision shall not affect the validity of the remaining portions of such Manual. The Town Board hereby declares that it would have approved and adopted such Manual and each part thereof irrespective of the fact that any one part be declared invalid. n01 INTRODUCED, READ, and ADOPTED this day of 5 W-Z��p dy He ood Town Clerk W-VO2 3:40 PMjs,1)Fi0ffmTm st=kRa5 2 TOWN OF FIE Michael P. Simone Mayor )02. RESOLUTION NO. D 2 - 3 3 A RESOLUTION CALLING A SPECIAL ELECTION FOR NOVEMBER 5, 2002, TO BE CONDUCTED AS A COORDINATED ELECTION WHEREAS, the Weld County Clerk and Recorder will conduct a general election on November 5, 2002, as a coordinated election pursuant to the Uniform Election Code and, in particular, C.R.S. Section 1-7-116; and WHEREAS, the Board of Trustees desires to call a special election for November 5, 2002, pursuant to state law, and to participate in the coordinated election. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section I. Pursuant to C.R.S. Section 31-10-108, a special election is hereby called and set for Tuesday, the 5th day of November, 2002, to be held as part of a coordinated general election. Section 2. The Board of Trustees shall submit ballot issues, ballot questions or other measures to appear on the ballot of the special municipal election by the adoption of appropriate resolutions or ordinances as required by law. Section 3. The ballot titles for such ballot issues, ballot questions or other measures shall hereafter be set in accordance with applicable law. Section 4. The special election shall be conducted as a part of a coordinated general election. Pursuant to C.R.S. Section 31-10-102.7, the Town will utilize the requirements and procedures of the Uniform Election Code of 1992, Articles 1 to 13 of Title 1, C.R.S., as amended, in lieu of the Colorado Municipal Code of 1965, Article 10 of Title 31, C.R.S., as amended. The Town Clerk is hereby appointed as the designated election official of the Town for purposes of performing acts required or permitted by law in connection with the election. Section 5. Because the election will be held as part of the coordinated general election, the Board of Trustees hereby determines that the Weld County Clerk and Recorder shall conduct the election on behalf of the Town. The officers of the Town are hereby authorized to enter into one or more intergovernmental agreements with the County Clerk pursuant to C.R.S. Section 1-7-116. Any such intergovernmental agreement heretofore entered into in connection with*the election is hereby ratified, approved and confirmed. Section 6. Pursuant to C.R.S. Section 1-5-205, no later than ten days prior to the election, the designated election official of the Town, or the coordinated election official if so provided by an intergovernmental agreement, shall provide notice by publication of the election as described by C.R.S. Section I- I - 104(34), which notice shall include the information required by C.R.S. Section 1- 5-205. Such notice shall also be mailed to the County Clerk if required by C.R.S. Section 1-5-205 and shall be posted at least ten days prior to the election and until two days after the election in a conspicuous place in the office of the designated election official of the County Clerk if the election is coordinated by the County Clerk. Section 7. Pursuant to C.R.S. Section 1-7-904, on or before the 42nd day prior to the election, the designated election official shall cause any notices required by Section 20(3)(b) of Article X of the Colorado Constitution to be prepared and delivered to the County Clerk. Section 8. The officers and employees of the Town are hereby authorized and directed to take all action necessary or appropriate to effectuate the provisions of this Resolution. Section 9. All actions heretofore taken (not inconsistent with the provisions of this Resolution) by the Town, directed towards the election and the objects and purposes herein stated, are hereby ratified, approved and confirmed. 1 n �I INTRODUCED, READ AND ADOPTED this .-.)- day of AU-9UY� , 2002. TOWN OF FIREST NE, OLORADO ES OiiV� .-( y• 'SEAL'= o Michael P. Simone ;• o Mayor ktJTYCO'. -.��- QW, �4 q4t, * HegvoZod I 'Town Clerk Sn2M $:02 Pill[sjl]F:10FF[CEWire5tonc\Elect0002Specia]Elecrion,res 2 M RESOLUTION NO. Q2'3q A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR AN ANNEXATION PETITION FILED WITH THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE SADDLEBACK HILLS LAKE & CONSERVANCY #3, LLC ANNEXATION TO THE TOWN OF FIRESTONE, AND SETTING A PUBLIC HEARING THEREON. WHEREAS, a petition for annexation of certain property to be known as the Saddleback Hills Lake & Conservancy #3, LLC Annexation has been filed with the Town Clerk of the Town of Firestone; Colorado, and referred to the Board of Trustees of the Town for a determination of substantial compliance with applicable law; and WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the subject property for annexation and zoning, if requested in the petition; and WHEREAS, the Board of Trustees has reviewed the petition and desires to adopt by Resolution its findings in regard to the petition. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: . Section 1. The petition, the legal description for which is attached hereto as Exhibit A and incorporated'herein by reference, is in substantial compliance with the applicable laws of the State of Colorado. Section 2. No election is required under § 31-12-107(2), C.R.S. Section 3. No additional terms and conditions are to be imposed except any provided for in the petition. Section 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexation complies with Sections 31-12-104 and 31-12-105, C.R.S., and will hold a public hearing to determine the appropriate zoning of the subject property, if requested in the petition, at the Firestone Town Hall, 151 Grant Avenue, Firestone, Colorado 80520, on Thursday, October 10, 2002, at 7:30 P.M. Section 5. Any person may appear at such hearing and present evidence'relative to the proposed annexation, or the proposed zoning if requested in the petition. Section b. Upon completion of the hearing, the Board of Trustees will set forth, by resolution, its findings and conclusions with reference to the eligibility of the proposed annexation, and whether the statutory requirements for the proposed annexation have been met, and further, will determine the appropriate zoning of the subject property if requested in the petition. Section 7. if the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexation is proper under the laws of the State of Colorado, the'Board of Trustees may pass one or more ordinances annexing the subject property to the Town of Firestone, and will pass one or more ordinances zoning the subject property if requested in the petition. INTRODUCED, READ, and ADOPTED this day of Michael P. Simone Mayor Qad"u Qdt', Ju egwo T Clerk 081222002 5:14 PM[kkhj%52kserverlcompmy�FtrestonekAnnexlSadd3eback(Cemer isch)Suhstamia]ComP,ra 2 2002. EXHIBIT A LEGAL DESCRIPTION A description of the SADDLEBACK HILLS LAKE & CONSERVANCY #3, LLC ANNEXATION located in the NW 1A of Section 28 and the NE1/4 of Section 29, all. in T2N, R67W of the 6th P.M., Weld County, Colorado. For: BGZ Development, LLC. LEGAL DESCRIPTION A part of the NW 1/4 of Section 28 and all of the NEIA of Section 29, all in T2N, R67W of the 6th P.M., County of Weld, State of Colorado, being more particularly described as follows: BEGINNING at the N1/4 Corner of said Section 29, from which the Northwest Corner of said Section 29 bears N89°30'23"W, 2628.73 feet (Basis of Bearing), thence S89042'37"E, 2630.01 feet along the North Line of the NEIA of said Section 29 to the Northeast Corner of said Section 29; Thence N89°32'31"E, 30.00 feet along the North Line'of the NW1/4 of said Section 28 to the Easterly Right-of-way Line of Weld County Road No. 17; Thence S00°05'42"W, 2634.11 feet along the Easterly Right-of-way Line of said Weld County Road No. 17 to the South Line of the NW IA of said Section 28; Thence S89°36'15"W, 30.00 feet along the South Line of the NW 1/4 of said Section 28 to the E1/4 Corner of said Section 29; Thence N89°40'46"W, 2616.48 feet along the South Line of the NEIA of said Section 29 to the C 1/4 Corner of said Section 29; Thence N00° 11'58".W, 2632.75 feet along the West Line of the NEIA of said Section 29 to the NIA Corner of said Section 29 and the POINT OF BEGINNING. SUBJECT TO any Rights -of -way for Weld County Road No. 17 and Road No. 18. Area = 160.398 acres, more or less. (Area = 154.980 acres, more or less, excluding the Right-of- way for Weld County Road No. 17 and Road No. 18). K RESOLUTION NO. 02- 3.5 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT AND A PERMIT TO UNDERTAKE THE SITE SELECTION AND CONSTRUCTION OF A MAJOR FACILITY OF A PUBLIC UTILITY AS A MATTER OF STATE INTEREST FOR TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION WHEREAS, Tri-State Generation and Transmission Association ("Tri-State") has submitted to the Firestone Board of Trustees a request for approval of a Conditional Use Permit ("CU Permit") and a permit to undertake the site selection and construction of a major facility of a public utility, as an activity of state interest ("1041 Permit"); and WHEREAS, Tri-State has requested such CU Permit and 1041 Permit for the purpose of locating within the Town of Firestone a portion of Tri-State Generation's proposed I-25 Corridor 115 kilovolt (kV) Transmission Line Project (the "Project"); and WHEREAS, all materials related to the proposed CU Permit and the proposed 1041 Permit have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, 1041 Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission held a duly -noticed public hearing on the CU Permit and 1041 Permit requests on August 21, 2002, at which the applicant and interested parties presented testimony and other evidence, and at which numerous documents were made a part of the record; and WHEREAS, the Firestone Planning and Zoning Commission on August 21, 2002, adopted its Resolution No. 02-17, recommending approval of the proposed CU Permit and the proposed 1 041 Permit, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed CU Permit and the proposed 1041 Permit for the Project and has held a properly noticed public hearing on the permit applications; and WHEREAS, the Board of Trustees finds that the proposed 1041 Permit and the proposed CU Permit should be approved subject to conditions, and the Board of Trustees by this Resolution desires to set forth its findings, conclusions and recommendations with respect to the proposed CU Permit and 1041 Permit for the Project. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Based on the testimony of the witnesses and the documents and other evidence made a part of the record before the Board of Trustees, which are incorporated herein, the Board of Trustees finds as follows: a. The Board of Trustees has jurisdiction over the CU Permit and 1041 Permit request pursuant to state law and Town ordinances and regulations, including but not limited to C.R.S. Section 24-65.1-101 et �gq., C.R.S. Section 29-20-101 et sse., C.R.S. Section 31- 23-301 et seq., Firestone Municipal Code ("FMC") Chapters 17.32 and 17.38, and the Firestone Development Regulations. Notice of the Board of Trustees public hearing has been provided in the manner required by law. b. The CU Permit request and 1041 Permit request relate solely to those portions of the Project located within the municipal boundaries of the Town of Firestone. The Board of Trustee's jurisdiction over the Project is limited to such areas within the municipal boundaries of the Town of Firestone. c. The proposed Project transmission line is necessary to meet a recognized need for adequate and reliable electric power. The Colorado Public Utilities Commission has ruled that the proposed upgrade is necessary, and has entered its order pertaining to the certification of the Project facilities, by Decision No. C00-932 dated August 23, 2000. d. While there are limitations on the Town's regulatory authority over the Project and other major facilities of a public utility, the Board of Trustees finds the conditions of approval in this Resolution to be a reasonable exercise of the Town's police power. e. Based upon the preponderance of the evidence presented at the public hearing, the proposed Project, subject to the conditions stated herein, can be undertaken in accordance with Town performance standards and other applicable Town standards. f. The applicant has submitted alternative route information as required by the Firestone Municipal Code and C.R.S. §29-20-108. Given the various route alternatives, and that the matter of this siting is a matter of statewide concern, the Town Board finds that the preferred and proposed route is the most appropriate route for the Project through the Town. Based on a preponderance of the evidence presented at the public hearing, the Board finds that such route does not exacerbate existing natural hazards or dangerous conditions, is not in direct conflict with the master plan, and is located such that the Project will not violate the performance criteria of the Town's CU Permit and 1041 Permit regulations. g. The applicant is not obligated to build the transmission line underground at its expense. However, the Board of Trustees finds that undergrounding of the transmission line will serve to significantly mitigate the adverse impact of those portions of the Project within the Town. The Board further finds that those portions of the Project lying between Road 20-1/2 and Road 24-1/2 are those with the most significant impact upon the Town. The Board of Trustees therefore finds that such two miles of the Project should be undergrounded, and that the applicant should undertake such undergrounding provided such undergrounding is technically feasible and provided the actual, additional incremental costs incurred for undergrounding (as opposed to overhead construction) are 2 advanced by the Town. The applicant has stated that construction of the Project is scheduled to commence May 2003; therefore, the Board of Trustees finds that the timing of the Project does permit the parties to finalize firm commitments for undergrounding of a portion of the transmission line at other than the applicant's expense. The Board of Trustees further finds that opportunities for burying certain portions of the transmission line exist and should be fully explored. In view of the foregoing, the Board of Trustees finds that it is a reasonable and appropriate exercise of its police power to require that the applicant work with the Town to underground all or certain portions of the transmission lines at the time of initial construction. The Board of Trustees further finds that all opportunities for future undergrounding should be preserved. The Board of Trustees intends that the conditions 14-18 set forth in this Resolution shall apply to any portions of the transmission lines which are constructed above ground, should undergrounding of the lines prove to not be financially or technically feasible. h. The Board of Trustees has taken into account all public testimony, the staff recommendation, and the documents and other evidence submitted at the public hearing. The Board of Trustees has deliberated on the permit requests and has taken into account the guidelines for consideration of the CU Permit and 1041 Permit requests, including but not limited to the criteria set forth in Sections 17.32.030, 17.38.180, and 17.38.280 of the Firestone Municipal Code. Based upon the preponderance of the evidence, and in consideration of such criteria, the Board of Trustees finds that the requested CU Permit and 1041 Permit should be approved, with conditions. i. By this Resolution and the conditions set forth herein, the Board of Trustees desires to minimize the negative impacts of the Project to the fullest extent possible under state law. Section 2. Based on the testimony of the witnesses and the documents and other materials made a part of the record before the Board of Trustees, the Board of Trustees hereby approves of the proposed CU Permit and the proposed 1041 Permit for the Project subject to the conditions set forth on Exhibit A, attached hereto and incorporated herein by reference. PASSED AND ADOPTED this day of Q,p l0 m r , 200 i OlN;yticc m ; S A L Michael P. Simone 0 Mayor ATTE r�NTM -G�� o 3 EXHIBIT A Tri-State Generation and Transmission Association I-25 Corridor 115 kV Transmission Line Project (Firestone Portion) Conditions of Approval The two miles of Project transmission line located between Road 20-1/2 and Road 24-1/2 shall be undergrounded. The applicant shall undertake such undergrounding provided such undergrounding is technically feasible and provided the actual, additional incremental costs incurred for undergrounding (as opposed to overhead construction) are advanced by the Town. The applicant has stated that construction of the Project is scheduled to commence May 2003; therefore, the applicant shall in good faith seek to finalize firm commitments for undergrounding of such portion of the transmission. 2. The represented capacity of the Project infrastructure is 115 kV. The maximum capacity of the Project infrastructure shall not be increased in excess of 115 kV without authorization of the Town through amendment of the CU Permit in a public hearing process. 3. All facilities shall be located so as not to conflict with existing utilities and existing or planned surface improvements. 4. The applicant shall obtain all necessary easements, permits and federal, state and local approvals prior to commencement of work on the Project. The applicant shall provide the Town with copies of all such easements, permits and federal, state and local approvals. 5. The applicant shall at its expense replace and restore all landscaping and ground cover which may be damaged or disturbed during construction of the Project to the same or a better condition than that existing prior to the damage or disturbance. If requested by the Town, restoration shall include a 15-foot wide, 6-inch deep crush gravel fine trail surface in a location designated by the Town. Applicant shall complete restoration promptly upon completion of the Project. Upon request of the Town, applicant shall provide a letter or credit to secure such restoration work, in an amount equal to the estimated costs of restoration work. 6. No underbuild or intermediate transmission or distribution facilities are permitted or authorized within the Project area covered by this Resolution. 7. The applicant shall provide the Town with a construction schedule prior to commencement of the work, which shall indicate times of work on particular areas of the Project right-of-way. The applicant shall provide the Town with trail closure and traffic control plans for any proposed trail closures and traffic disruptions necessitated by the construction. The schedules and plans shall be provided to the Town at least 72 hours in advance of construction. 4 $. The applicant shall provide information on any staging and materials storage areas prior to commencement of construction. No materials or equipment may be stored or staged on Town owned property or rights -or -way without written Town approval. 9. To the extent feasible and consistent with required clearances, the applicant shall attempt to accommodate the comments and suggestions of adjoining landowners respecting the precise location of poles. 10. The applicant shall provide reproducible as -built drawings of all facilities constructed on lands held by the Town. 11. This CU Permit and 1041 Permit approval is applicable to Tri-State and its successor in ownership. 12. The CU Permit and 1041 Permit shall expire if construction under such permits is not commenced on or before May 1, 2003. 13. Noise and EMF levels shall not exceed the maximum amounts represented by the applicant to the Town as set forth in the application. Tri-State shall provide monitoring of noise and EMF levels after the installation of the line and on a semi-annual basis thereafter. The monitoring information shall be provided to the Town by Tri-State. The following conditions shall additionally apply with respect to any above -ground construction: 14. The applicant shall utilize a single wood, self-supporting pole construction system; except for any poles used for transition from above ground to underground facilities, which shall be of hollow aluminum construction with a finish consistent with the transmission poles. Pole construction shall be as set forth in the application and shall not be altered without approval of a CU Permit amendment. No permanent guy wires or anchors shall be utilized for the Project. 15. The applicant shall submit to the Town Board a pole location map showing, to scale, the proposed location of each pole. The pole location map shall be made a part of any Town Board approval of the CU Permit and the 1041 Permit. Final pole locations in the field shall be consistent with such map, with precise locations to be approved by the Town Engineer. 16. From Firestone Boulevard south, the facilities shall be located on the west side of the right-of-way. From Firestone Boulevard north, the facilities shall be located on the east side of the right-of-way. 17. Poles shall be installed at minimum pole heights consistent with required clearances. Pole heights shall be evaluated on a location by location basis to ensure minimum pole heights consistent with required clearances. Prior to construction, applicant shall submit such a location -by -location analysis, and such submittal shall reflect the height of the 5 pole from grade and its proposed height and location. In no case shall the height of a pole exceed 85 feet from grade to top of pole, but in any event, pole height shall be the minimum possible height consistent with required clearances. 18. Pole locations on either side of exiting or anticipated public rights -of -way shall be compatible with the anticipated full right-of-way width and with any anticipated improvements therein, as specified by the Town. WSM kS2 PM15jilF;1QfiixlF4rtsiMckTri51ateCUAT6SUt000P&104 LBOMtRcsoluoW 51 RESOLUTION NO. A RESOLUTION APPROVING A FINAL SUBDIVISION PLAT AND AMENDED FINAL DEVELOPMENT PLAN FOR THE OVERLOOK AT FIRESTONE, REPLAT C WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a final subdivision plat and amended final development plan for The Overlook at Firestone, Replat C; and WHEREAS, all materials related to the proposed final subdivision plat and amended final development plan have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and .policies; and WHEREAS, on August 7, 2002, the Firestone Planning and Zoning Commission held a properly noticed public hearing on the proposed final subdivision plat and amended final development plan, and has forwarded to the Board of Trustees a recommendation of approval with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed final subdivision plat and amended final development plan and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed final subdivision plat and amended final development plan for The Overlook at Firestone, Replat C, should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby approves the proposed Final Subdivision Plat and Amended Final Development Plan for The Overlook at Firestone, Replat C, subject to the conditions set forth on Exhibit A, attached hereto and incorporated herein by reference. PASSED AND ADOPTED this l ) day of NaQt n, bA r- , 2002. Mayor ATTEST: ' s El m� 00 •� fdy Hegw own Clerk EXHIBIT A Final Subdivision Plat & Amended Final Development Plan The Overlook at Firestone, Replat C Conditions of Approval Final Plat l . Provide an exhibit showing the cul-de-sac designed with a center line radius of 150'. 2. Remove the County Clerk and Recorder block from the cover sheet as it is no longer used by the County. 3. Remove the Attorney's Certificate from the cover sheet. 4. Provide an updated title commitment prior to recording. 5. Make redline corrections on the plat from the Town Engineer. 6. The property shall be included the Carbon Valley Recreation District and the Central Weld County Water District. 7. Modify plat pursuant to comment memo of the Town Attorney, dated August 7, 2002 and attached hereto. Final Development Plan 8. Add owner/developer and technical consultants to the cover sheet. 9. Add a legal description of Replat "C". 10. Further graphically highlight the area being amended. 11. Add a revised land use table and residential densities, for the amended area only. 12. Add a development schedule for this amendment. 13. Add an owner acceptance block and notary block. 14. Add a note stating that: "No duplexes are permitted in this Replat C area". 15. Amend the fence construction deadlines and requirements in the existing FDP to reflect this replat. Such amendments shall be approved by the Town Planner prior to recording. 16. Modify plans pursuant to Engineer's redline plans. 3 17. Modify plans pursuant to the comment memo of the Town Attorney, dated August 7, 2002 and attached hereto. Final Utility Plans and Drainage Report 18. Modify plans pursuant to Engineer's comments. General 19. Execute an amendment to the subdivider's agreement to include the Florence Avenue extension as a public improvement. 9/1 V02 5:01 PM [kkb[ kUksc"cnccompany�Fires:onclSubdMOvcrlookReplaiC.Board.ra.doc 4 RESOLUTIONNO. p2=3Z A RESOLUTION IN SUPPORT OF THE NOVEMBER 5, 2002, BALLOT ISSUE CONCERNING THE EXTENSION OF THE TOWN OF FIRESTONE' S SALES TAX TO THE SALE OF FOOD. WHEREAS, the Town of Firestone wishes to extend the Town sales tax to the sale of food; and WHEREAS, at the November 5, 2002 election, the Town will be asking voters to approve the extension of the sales tax to the sale of food; and _ - WHEREAS, the Town believes that extending sales tax to food items will provide additional new revenue sources from outside the town limits because the trade area for local grocery stores extends significantly beyond the town limits; and WHEREAS, the Town believes that the new revenue sources achieved by a sales tax on food will provide the opportunity to assure necessary municipal services without increasing property taxes; and WHEREAS, the Town desires to have a sustainable balanced economy that is independent of new construction, expanding the sales tax to food will assist in this effort due to the additional revenues from both Town and County residents who shop in Firestone; and WHEREAS, the Town believes expanding the sales tax to food is consistent with the towns Economic Development policies of bringing new revenue into Firestone; and WHEREAS, the Firestone Board of Trustees finds that the extension of the food tax to the sale of food is necessary to provide adequate funding for municipal improvements and services that will benefit the citizens and enhance the Firestone community; and WHEREAS, the Fair Campaign Practices Act, C.R. S. 1-45-117(1)(b), authorizes the Town's adoption of a resolution and taking of a position of advocacy on any issue pending before the electorate. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Firestone Board of Trustees does hereby express its support of the extension of the existing Town sales tax to the sale of food and urges its citizens to support the change by voting "Yes" on Ballot Issue 2A at the November 5, 2002 election. 9/25102 4:16 PM[twb]F:1CoRgmnykFirestonelRaslFood'raW2 INTRODUCED, READ AND ADOPTED this Z 6 day of 2002. S r 9/25102 4:16 PM[twbjF:ICompanyTirestonelRes\FoodFax02 TOWN OF FTRESTO , C LORADO Michael P. Simone Mayor RESOLUTION NO.02-38 A RESOLUTION APPROVING A FINAL SUBDIVISION PLAT AND FINAL DEVELOPMENT PLAN FOR SAGEBRUSH SUBDIVISION WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a final subdivision plat and final development plan for Sagebrush Subdivision; and WHEREAS, all materials related to the proposed final subdivision plat and final development plan have been reviewed by Town Staff and the Firestone Planning and Zoning Commission, and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission held a properly noticed public hearing on the proposed final subdivision plat and final development plan and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed final subdivision plat and final development plan and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed final subdivision plat and final development plan for Sagebrush Subdivision should be approved, subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: CP_ction 1. The Board of Twstees hereby approves the proposed Final Subdivision Plat and Final Development Plan for Sagebrush Subdivision, subject to the conditions set forth on Exhibit A, attached hereto and incorporated herein by reference. PASSED AND ADOPTED this _9 r, day of September� 2002. T o NE Michael P. Simone '% Mayor ••. .MIVM A ST: SEAL u� � .��r � �� •+ ��i� V , EXHIBIT A Final Subdivision Plat and Final Development Plan Conditions of Approval Sagebrush Subdivision Final Plat 1. Adjust the Owner section to reflect current record ownership. 2. Add a note that states: "Active agricultural uses are located in area." 3. Add area calculations to lots on Sheet 3. 4. Revise plat consistent with the comments contained in the Town Attorney's August 5, 2002 memorandum. Final Development Plan 5. Specify disposition of all existing gas lines (abandoned, removed, etc.) and show where new lines will be installed if existing lines are being replaced. 6. Adjust the Owner/Developer section to reflect current ownership. 7. In the Project Concept section replace `will be provided" with "may be provided...." 8. Revise Final Development Plan consistent with comments of the Town Attorney. 9. Clarify that contour lines depicted on the Final Development Plan are intended to show general contours and elevations. Final lot and overall development grade elevations and contours shall be determined by as part of the Utility Plan approval process. 10. Add a note that states: "Active agricultural uses are located in area." 11. Revise Land Use Table. There are now 212 lots, not 211. 12. In the Project Concept section, note that a planned sports facility will be located to the north of the eastern portion of the project. 13. On Sheet 7, note that a license agreement shall be obtained from the Town prior to construction of the concrete trail shown on the Firestone Trail property. 3 14. Remove "Preliminary Not for Construction" throughout. 15. Submit a copy of the proposed covenants for the property for Town review. 16. Modify the Vicinity Map, in all locations, to be consistent with the Firestone Development Regulations. 17. Investigate the feasibility of providing covered and lit post office box facilities. 18. Add a Sheet Key map to all landscape sheets. 19. Provide existing land uses and/or subdivisions, within 300-feet of the FDP boundary and the existing and proposed land uses and acreages within the FDP. 20. Add an Owner's Acceptance Block and Notary Block. 21. Add a text section titled "Frontier Street Architecture" and have such section state the following: To provide for a varied and attractive streetscape along frontier Street (specifically, lots l -8, block 1), only seven (7) models, including the 2033, 2043, 2255, 2230, 2350, 2505 and 2624, are permitted to be constructed on these lots, and the homes to be constructed on these tots shall be approved by the Town Planner prior to issuance of a building permit. Specifically, the rear elevations of any homes constructed on lots 1-8, block 1 shall be improved by the addition of trim, window shutters and divided light windows generally consistent with the front elevations of these same models and as shown on this Final Development Plan, and the front yard setback of any two adjacent two-story house plans shall be varied by a minimum of 5 feet in order to assure the rear elevation planes of such houses are similarly varied. This provision shall also apply to those lots adjoining Tract J and abutting the Firestone Trail; however, these homes shall not be limited to the specific model numbers mentioned above. Onen Space Dedication 22. Provide an appraisal of the property for Town review so an appropriate cash -in -lieu amount for the deficiency in open space land dedication may be calculated. The cash -in -lieu amount shall be approved by the Town Administrator, and the cash -in -lieu payment shall be made at Or prior to plat recording. 23. In the Controls section, note that 6.9 percent of the 10 percent public land dedication requirement is met by the dedication of Tract H and that it is being developed as a Town park by the developer. The remaining 3.1 percent will be paid for by cash -in -lieu. 4 24. Add to the "Architecture" section the following language: Other home models, materials and designs shall be permitted as long as the models and their design meet or exceed the size and quality of the homes depicted on the Final Development Plan. in determining whether a new model is of the same or better quality, the Town Planner shall consider: size of home, level and detail of trim, number and placement of windows, quality of roofing and roof slope, extent and placement of masonry, the placement and details of porch and entry features, and other qualities the Town Planner believes to be relevant when comparing a proposed plan to those specific plans approved with this FDP. The denial of a proposed new plan by the Town Planner may be appealed to the Town Board of Trustees. 25. Delete references to implied owner -approved adjustments to dimensions and materials. 26. identify roof and wall exterior materials of elevations (e.g., brick is shown but not labeled). 27. Replace the note on the architectural elevations sheets that begins `the plans shown are representative..." with a statement that permits only minor variations to the plans shown. 28. Revise FDP to state that vinyl exterior fence material and color shall be the same as that used by Ridgecrest, and the pillars shall also be of the same material and placed at approximately the same spacing as Ridgecrest. 29. Add the Town's typical detail for fences around the oil/gas wells. 30. Prepare application pursuant to Development Regulations, and improve overall graphic quality and mapping to enable ease of review by the Town Board. 31. Add lot sizes. 32. Provide an irrigated drought resistant grass along Tracts C, F, G and N. 33. Relocate the low flow channel in Tract H to the western toe of slope to provide more usable area. 34. Revise FDP to state that Tract H shall be completely irrigated grass, so that it is usable as an active park. 5 35. Revise FDP to state that Tract H shall be landscaped and conveyed to the Town for ownership and maintenance as a Town Park. The park plan shall be generally consistent with the landscape plan shown on the Final Development Plan and shall also specifically include the following: • 10 foot concrete trail. • Permanent irrigation system with full coverage of Tract H. • Approximately 70,000 square feet of bluegrass or other turf grass for active play areas_ The balance of the site shall be planted in irrigated grasses and designed for low maintenance, low water use and suitable for passive, incidental and lower intensity recreational uses. • Trees and shrubs, installed in general accordance with the FDP landscape plan. A total of three benches. • Three trash cans. • A covered picnic pavilion with a concrete floor and gabled roof, a minimum of 500 square feet and of hexagonal shape, consistent with that in Hart Park. Two doggy do -do stations. As an alternative to the construction of this park and at the Town's sole discretion, owner agrees to pay to the Town at or prior to plat recording $200,000, or other amount mutually agreed to by both owner and Town, to make improvements to the Park on Tract H, as more specifically descnbed in the Subdivision Agreement. 36. Include irrigation methods, design and layout of irrigation facilities in the FDP for all areas that will be irrigated. Such methods, design and layout shall comply with Town standards and be approved in advance by the Town Engineer. 37. Specify in the FDP all grass seed mixes to be used. 38. Improve visual quality of Tracts G and I. 39. Provide minimal but functional irrigation system for all open space areas, including the areas around wellheads, to establish and maintain a drought tolerant grass mixture. Add language to the FDP to address minimal water usage for these areas. 40. Modify plans pursuant to Engineer's comments; especially address specific major concerns regarding the drainage report. Such methods, design and layout shall comply with Town standards and be approved in advance by the Town Engineer. 41. Include irrigation methods, design and layout of irrigation facilities in the utility plans for all areas that will be irrigated. G 42. Execute a Subdivider's Agreement prepared by the Town Attomey, which shall include a restriction limiting construction hours to between 7:00 a.m. and 7:00 p.m. 43. Prior to recording, the applicant shall provide evidence confirming inclusion in the Carbon Valley Park and Recreation District, or submit a petition for inclusion. WrM 8J5 AM [M] �l2L erVcomaffffwoecsab MSmgxb-shFinals.9s.M.dm 7 RESOLUTION NO.02-39 A RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN FOR HERITAGE BANK, LOT 1, FIRESTONE SAFEWAY SUBDIVISION WHEREAS, Heritage Banks, a Colorado Banking Corporation, has submitted to the Board of Trustees of the Town of Firestone a request for approval of a Final Development Plan for a bank to be located on Lot 1, Firestone Safeway Subdivision; and WHEREAS, all materials related to the proposed Final Development Plan have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the proposed Final Development Plan, and has forwarded to the Board of Trustees a recommendation of approval with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed Final Development Plan, and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees fords that the proposed Final Development Plan for a bank to be located on Lot 1, Firestone Safeway Subdivision should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLORADO: Sectinn 1. The Board of Trustees of the Town of Firestone, Colorado, does hereby approve the Final Development Plan for Heritage Bank, located on Lot 1, Firestone Safeway Subdivision, subject to the conditions set forth on Exhibit A, attached hereto and incorporated herein by reference. INTRODUCED, READ, and ADOPTED this _2_6_ day of September , 2002. rSSSTUNF TOWN ' 14EAL ST: r e � f Town Clerk Mayor EXHIBIT A Final Development Plan — Heritage Bank Conditions of Approval Final Development Plan 1. Provide specific color and material information and details for the detailed pavement type. 2. Include the location, dimension, color and construction materials for all trash disposal areas, with details as necessary to demonstrate the design of such facilities is specifically consistent with the architectural color and style of the bank building. 3. Provide color information on the building elevations, including roof, which also shall be coordinated with the existing Safeway building, as approved by the Town Planner. 4. Verify the total square footage in the Land Use Table. S. Add a note to the FDP that states the following: "If the Owner does condominiumize the upper floor of this building, the Owner shall form an owners' association. At the time of formation, the Owner shall provide a copy of the condominium declarations, together with applicable legal descriptions, to the Town Engineer to confirm the condo miumization results solely in the transfer of air rights, together with an undivided interest in land and other common elements." 6. The upper floor shall be restricted to office uses, unless prior approval is granted by the Town authorizing a different use. 7. A cross -access and parking agreement is required for the development proposal. The proposed agreement shall be submitted to and approved by the Town Attorney and Town Planner prior to recording of the FDP. 8. Separate and state the Legal Description in proper form. 9. Label and detail proposed handicap ramps and locations. 10. Label the appropriate curb and gutter used and provide details. 11. In the Environmental Impact Nlitigation section, reference the title, date and company that prepared the approved report. 12. Include a note regarding the floodplain, and reference which FENIA map was used to make the floodplain assessment. 13. Show the location of the 100-year floodplain. 2 14. Addressing convention shall be pursuant to the Town of Firestone Development Regulations Landscape Plan 15. Revise the plan to include the irrigation method, design, layout and system details, all of which shall comply with Town standards. 16. Provide specific plant names and sizes, as approved by the Town Planner. Note that all sod areas are irrigated bluegrass. Engineering 17. Incorporate the Town of Firestone Design Criteria Manual standard details into the construction plans. 18. Appropriate backflow prevention will be required for the 1" domestic service and the 6" fire service — inside the building. For the irrigation service, backflow prevention can be located outside the meter pit. Provide details and notes to verify these facts. I9. The Town requires a 72" diameter concrete manhole be used for the proposed 1 %2" meter vault. 20. Add a note stating existing curb is to be saw -cut. Dowel new construction into the existing pursuant to the Firestone Design Criteria Manual. Also, provide a detail for the curb cut. 21. Confirm the type of easement the proposed storm sewer is to be located within. The form, substance and labeling of the easement shall be approved by the Town Engineer. 22. Provide details or callouts for the tie-in to existing water services. 23. Submit Final Utility Plans for the construction drawings. 24. Water usage for the bank will need to be determined and such amount of water shall be dedicated to the Town prior to issuance of a building permit/water tap. 25. Tri-Area Sanitation District approval shall be obtained relative to the sanitary sewer. 26. Supply spot elevations at all high and low points and at all grade break changes. 27. Show locations of erosion control facilities such as silt fences, straw bale dikes, gravel inlet filters. 3 28. Should riprap protection be required at the outlet of the curb cut, a riprap blanket shall be shown on the plans with labels for type and size, thickness and bedding material. Also provide a detail. 29. Channel and swale typical cross sections showing flow depths during the major and minor storm 30. It appears that cross -pans may be needed to convey the runoff properly. Verify the necessity for these and label them appropriately on the plans. Supply spot elevations and a typical detail for these. 31. Modify Plans application pursuant to Town Engineer's September 3, 2002 memorandum. Reports 32. Provide a Drainage Report. 33. Provide an update to the Traffic Report. Title Commitment 34. The title commitment and the FDP text both list Safeway Stores 45, Inc. as the owner of this property; however, the FDP map sheets show Heritage Bank as the owner and proposed signatory. The applicant shall provide evidence of ownership by Heritage Bank prior to recording the FDP or Safeway must be added as a signatory. Miscellaneous 35. Include Town of Firestone Information Block on each sheet of the FDP and on the Cover Sheet of the Final Utility Plans. 36. The Title Block should be revised to read as follows: Final Development Plan Heritage Bank Town of Firestone Weld County State of Colorado Sheet of 37. Update the Town of Firestone Vicinity Map pursuant to the redline comments. 38. Provide sign details. 4 39. There shall be no closure of the Firestone Trail during construction of the improvements shown in the FDP. There shall also be no storage of building materials or other items within the Trail right-of-way. smms�snM [�l�m�+�ams�' �oraB�.aa RESOLUTION NO. 02- 4 0 A RESOLUTION CONCERNING A PETITION FOR THE ANNEXATION OF PROPERTY TO THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE STONERIDGE ANNEXATION TO THE TOWN OF FIRESTONE, AND FINDING THE AREA PROPOSED TO BE ANNEXED ELIGIBLE FOR ANNEXATION. WHEREAS, a petition for annexation of property described in Exhibit A attached hereto, to be known as the Stoneridge Annexation to the Town of Firestone, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to state law, the Town Board has held a hearing and desires to adopt by Resolution its findings in regard to the petition and eligibility for annexation. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Town Board finds and concludes that: 1. It is desirable and necessary that the territory described in Exhibit A attached hereto and incorporated herein be annexed to the Town of Firestone. 2. The requirements of Sections 31-12-104 and 31-12-105, C.R.S., as amended, exist or have been met, including: a. Not less than one -sixth of the perimeter of the area proposed to be annexed is contiguous with the Town of Firestone. b. A community of interest exists between the area proposed to be annexed and the Town of Firestone. C. The area proposed to be annexed is urban or will be urbanized in the near future. d. The area proposed to be annexed is integrated with or is capable of being integrated with the Town of Firestone. e. No land within the boundary of the territory proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, has been divided into separate parts or parcels without the written consent of the landowner or landowners thereof, unless such tracts or parcels were separated by a dedicated street, road, or other public way. f. No land within the boundary of the area proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, comprising twenty acres or more, and which, together with the buildings and improvements situated thereon, has an assessed value in excess of two hundred thousand dollars ($200,000.00) for ad valorem tax purposes for the year next preceding the annexation, has been included within the area proposed to be annexed without the written consent of the landowners. g. No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality. h. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. i. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the Town of Firestone more than three miles in any direction from any point of the boundary of the Town of Firestone in any one year. j. The territory proposed to be annexed is comprised of 159.050 acres, more or less. k. A plan is in place, pursuant to Section 31-12-105(l)(e), C.R.S. 1. Any portion of a platted street or alley to be annexed will result in the entire width of the street or alley having been included within and made a part of the Town of Firestone and reasonable access will not be denied to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the Town of Firestone but is not bounded on both sides by the Town of Firestone. 3. Four copies of an annexation map of the area proposed to be annexed have been submitted to the Town Board and are on file with the Town. 4. Upon the annexation ordinance becoming effective, all land within the area proposed to be annexed will become subject to all ordinances, resolutions, rules, and regulations of the Town of Firestone, except that general property taxes of the Town of Firestone, if applicable, shall become effective as of the January 1 next ensuing. 2 5. No election for annexation of the area proposed to be annexed has been held in the preceding twelve months, and no election is required under Section 31-12-107(2) or - 112, C.R.S. 6. No additional terms and conditions are to be imposed other than those set forth in the annexation petition or otherwise agreed to by all owners. 7. The landowners of one hundred percent (100%) of the areas proposed to be annexed signed the petition requesting annexation, in compliance with Article 11, Section 30 of the Colorado Constitution and Section 31-12-107(1), C.R.S. Section 2. The Town Board concludes that all statutory requirements have been met, that the proposed annexation is proper under the laws of the State of Colorado and the area proposed to be annexed is eligible for annexation to the Town. The Town Board, acting in its legislative capacity and pursuant to authority granted to it by state law, may adopt one or more ordinances annexing the subject property to the Town of Firestone. INTRODUCED, READ, and ADOPTED this 2 � day of & rn l-, 2002. ESTONf SEAL T: R r��w�_„✓ , .-ro-'1111�11 3 Mayor EXHIBIT A - LEGAL DESCRIPTION: Stoneridge Annexation A parcel of land being part of the Northwest Quarter (NW 1/4) of Section Thirteen (13) and part of the East Half (E1/2) of Section Fourteen (14), all in Township Two North (T.2N.), Range Sixty-eight West (R.68W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado and being more particularly described as follows: BEGINNING at the Northwest Corner of said Section 13 and assuming the North line of said NW1/4 as bearing South 89°31'25" East, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92, a distance of 2699.37 feet with all other bearings contained herein relative thereto From said point the West Quarter Corner of said Section 13 bears South 00'30'11" East a distance of 2650.68 feet: THENCE South 00'30'11" East along the West line of said NW1/4 a distance of 30.00 feet to the intersection with the Southerly Right -Of -Way (ROW) line of Weld County Road #22 (WCR #22). Said point being the TRUE POINT OF BEGINNING. Said point also being cn the Southerly line of Firestone Sixth Annexation (FSA) as recorded May 5, 1997 in Book 1604 as Reception Number 2546405 of the records of the Weld County Clerk and Recorder (WCCR); THENCE South 89°31'25" East along the Southerly ROW line of said WCR 422, also being the Southerly line of said FSA a distance of 2699.16 feet to the East line of said NW1/4; THENCE South 00°06'24" East along said East line a distance of 2183.38 feet to the Northeast Corner of that parcel of land as described in that Warranty Deed as recorded May 2C, 1999 as Reception Number 2694995 of the records of the WCCR. From said point the Center Quarter Corner of said Section 13 bears South 00°06'24" East a distance of 420.00 feet; Thence along the Northerly and Westerly line of the aforesaid parcel of land by the following Two (2) courses and distances: THENCE North 89'53'17" West along a line parallel with the South line of said NW1/4 a distance of 420.00 feet; THENCE South 00006'24" East along a line parallel with the East line of said NW 1!4 a distance of 420.00 feet to the South line of said NWl/4 and being the Southwest Corner of the aforesaid parcel of land. From said point the Center Quarter Corner of said Section 13 bears South 89°53' 17" East a distance of 420.00 feet; THENCE North 89053'17" West along the South line of said NW 1/4 a distance of 2230.92 feet to the Westerly ROW line of Weld County Road #11 (WCR #11). Said point also being on the Easterly of Weld County Road 11 and 22 Annexation as recorded February 10, 2000 as Reception Number 2749171 of the records of the WCCR; Thence along the Easterly and Northerly line of the aforesaid annexation by the following Three (3) courses and distances: THENCE North 00°28' 13" West a distance of 0.31 feet; 4 THENCE South 89°31'47" West a distance of 30.00 feet to the West Quarter Corner of said Section 13; THENCE South 89°31'47" West a distance of 30.00 feet to the Westerly ROW line of said WCR #11; THENCE North 00030111" West along said Westerly ROW line a distance of 2620.95 feet to the Southerly ROW line of said WCR #22; THENCE South 89°56'30" East along said Southerly ROW line a distance of 30.00 feet to the TRUE POINT OF BEGINNING. Said described parcel of land contains 159.050 Acres, more or less (f) and is subject to any rights -of -way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. 09)2612002 6:13 PM IM) kURimcr%compenyTiircstonc%AmexlStoneridge.res.doc TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO IN RE THE ORGANIZATION OF FIRESTONE TRAILS METROPOLITAN DISTRICT, IN THE TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO RESOLUTION NO. 02- 41 RESOLU110N OE APPgIIYAL WHEREAS, pursuant to the provisions of Title 32, Article 1, Part 2, G.R.S. as amended, the Board of Trustees of the Town of Firestone, County of Weld, State of Colorado, following due notice, held a public hearing on the Service Plan of the proposed Firestone Trails Metropolitan District on the 26th day of September, 2002; and WHEREAS, the Board of Trustees has considered the Service Plan and all other testimony and evidence presented at the hearing; and WHEREAS, based upon the testimony and evidence presented at the hearing, it appears that the Service Plan should be approved by the Board of Trustees, subject to certain conditions set forth below, in accordance with Section 32-1-204.5(l)(c), C.R.S. THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Sectinn 1. That the Board of Trustees, as the governing body of the Town of Firestone, Colorado, does hereby determine, based on representations by and on behalf of Saddleback Marketing, L.L.C., a Colorado limited liability company (the "Developer"), that all of the requirements of Title 32, Article 1, Part 2, C.R.S., as amended, relating to the filing of a Service Plan for the proposed Firestone Trails Metropolitan District have been fulfilled and that notice of the hearing was given in the time and manner required by the Town. Section 2. That, based on representations by and on behalf of the Developer, the Board of Trustees of the Town of Firestone, Colorado, has jurisdiction over the subject matter of this proposed special district pursuant to Title 32, Article 1, part 2, C.R.S., as amended. Sectinn 3. That, pursuant to Section 32-1-204.5, C.R.S., Section 32-1-202(2), C.R.S., and Section 32-1-203(2), C.R.S., the Board of Trustees of the Town of Firestone, Colorado, does hereby find and determine, based on the Service Plan and other evidence presented by and on behalf of the Developer, that: (a) There is sufficient existing and projected need for organized service in the area to be serviced by the proposed District; (b) The existing service in the area to be served by the proposed District is inadequate for present and projected needs; (c) The proposed special district is capable of providing economical and sufficient service to the area within its proposed boundaries; (d) The area to be included in the proposed District has, or will have, the financial ability to discharge the proposed indebtedness on a reasonable basis; and (e) The creation of the proposed District will be in the best interests of the area proposed to be served. Cection 4. That pursuant to Section 32-1-204.5(1)(c), C.R.S., the Board of Trustees hereby imposes the following conditions upon its approval of the Service Plan: (a) The Developer agrees that the Town Attorney and Town Administrator will be given reasonable notice of all proceedings in the District Court of Weld County relating to the organization of the District (including notice as described in Section 32-1-304, C.R.S.). (b) The Developer agrees that, prior to the hearing date set by the District Court of Weld County pursuant to Section 32-1-304, C.R.S., all fees and expenses which have been submitted to the Developer for payment by or on behalf of the Town or its attorneys or financial or other advisors shall have been paid in full. (c) Prior to the hearing date set by the District Court of Weld County pursuant to Section 32-1-304, C.R.S., the District shall fully comply with the provisions of Section 32-1-107(3), C.R.S. with respect to the overlapping of service areas. The District's authorization to provide services or facilities within any overlapping area is expressly conditioned upon the District first obtaining the written consent of each and every district whose service area is so overlapped. (d) Prior to the Mayor's execution of this Resolution, the fully and properly executed originals of the property owners' consents; engineer's statement of reasonableness of capital costs; accountant's letter and forecasts; letters 2 in support of market projections and absorption rates; underwriter's letter; legal counsel letter; Developer's indemnity letter; and bond counsel letter that are required under the Service Plan and set forth in Exhibits D, E, G, H, I, J, and Part 1 of Exhibit K thereto, shall be provided to the Town. (e) At its organizational meeting, the District shall execute the District indemnity letter and intergovernmental agreement with the Town that are required under the Service Plan and set forth in Part 2 of Exhibit K and Exhibit N thereto, and shall provide the fully executed originals of such documents to the Town. (� Upon its organization, the District shall promptly complete a name change to change the name of the District to a name mutually acceptable to the Town and District. If any of the above -stated conditions (a) through (d) are not met, the Town may file a motion with the District Court of Weld County requesting that the hearing on the organization of the District be delayed until such conditions are met, and Developer has represented that it will not oppose such motion. Further, if any of the above -stated conditions (a) through (f) are not met, the Town may pursue all legal and equitable remedies available to it for failure of compliance with such conditions of approval. Section S. That the Service Plan of the proposed Firestone Trails Metropolitan District, as set forth in Exhibit A to this Resolution and dated September 26, 2002, is hereby approved subject to the conditions stated in Section 4 above, in accordance with Section 32-1-204.5(l)(c), C.R.S., and subject to the revisions set forth in Exhibit B. Section 6. That a certified copy of this Resolution be filed in the records of the Town of Firestone and submitted to the Developer for the purpose of filing in the District Court of Weld County for further proceedings concerning the District. RESOLVED, ADOPTED AND APPROVED this 26th day of September, 2002. TOWN OF FIRESVCOLORA.D11 � 10 S hTTES'?4 A L Michael P. Simone `1 04 � Mayor •� Town EXHIBIT B REVISIONS TO FIRESTONE TRAILS METROPOLITAN DISTRICT SERVICE PLAN (Firestone Board of Trustees Meeting, September 26, 2002) 1. Revise Service Plan text to incorporate the final red -line comments of the Town, as set forth on the "Final Red -line Draft" dated September 26, 2002, a copy of which is attached hereto and incorporated herein. 2. Exhibit D, landowners' consent: Hamilton consents need to be acknowledged. 3. Exhibit G, Page 1 of Forecast (cover letter), re -date cover letter and submit original, executed letter to Town. 4. Exhibit G, page 6 of forecast (schedule of assessed valuation): -first line under table headings, insert "2%" after "Inflation compounded annually on base price." 5. Exhibit G, page 8 of forecast, Note 2: line 8, delete "sanitary sewer," and "television relay"; line 9, delete "facilities, mosquito control." 6. Exhibit G, page 10 of forecast, Note 5: in carryover paragraph, change the second - to -last sentence to read as follows: "This maximum mill levy limitation may be increased or decreased to reflect changes in the ratio of actual valuation to assessed valuation for residential real property pursuant to the Gallagher Amendment." 7. Exhibit G, page 11 of forecast, Note 7, second paragraph: delete first sentence. In sixth line, change "restructured" to "structured." 8. Exhibit G, page 13 of forecast, note 11, third paragraph, second line: change "refunded" to "repaid." 9. Exhibit H: Substitute or add customary letter from Kirkpatrick Pettis to Town addressing investment banking relationship and explaining level of credit risk. 10. Exhibit I, Legal Counsel setter, complete, date, sign and submit original letter to the Town. 11. Exhibit J, Bond Counsel Letter: Add a sentence stating substantially as follows: "We know of no reason why tax restrictions on this use of bond proceeds would differ from tax restrictions generally applicable to governmental capital financings." Submit original of revised, executed letter. 5 12. Exhibit L, Recorded Disclosure Statement: First page, fifth line of heading, change "XI" to "XII". First page under "District Purpose:", second line, delete "sanitary sewer," and "television"; third line, delete "relay," insert "and" before "park", and delete "mosquito control'; fifth line, delete blank and delete ", or other non- profit"; tenth line, insert address (or blank for address) after "office of the District". Second page, third line, change "2036" to "2037". 13. Exhibit N, Form of Intergovernmental Agreement: Page I, paragraph 2, third line of paragraph, change WN' to "V.c". Page 2, first he of page, change WN' to "V.c". Page 2, paragraph 6, twelfth line of paragraph, delete ", television relay or mosquito control". Page 2, last line of page, delete "including in such bond documents the concurrent". Page 3, first line of page, change "allocation and delivery" to "concurrently allocating and delivering"; strike "of'. Page 3, fourth line of page, change "IGA" to "Agreement". Page 3, paragraph 8, second line, insert "otherwise" between "or" and "upon". Page 3, paragraph 11, first line, insert ", together with the Service Plan," after "written agreement". Page 4, paragraph 18, first line, change "16" to "17". 14. In Final Red -line Draft of Service Plan text, Article V.b., add assessed value figure in parenthetical regarding Development Threshold II, as derived from Exhibit G. 6 Final Red -line Draft 9-26-02 FIRESTONE TRAILS METROPOLITAN DISTRICT SERVICE PLAN I. INTRODUCTION The District shall be named the Firestone Trails Metropolitan District (the "District"). The purpose of the District is to finance certain streets, traffic safety controls, street lighting, water, landscaping, storm drainage, teleAsien relay faeilifie97 and park and recreation and mesquite-eeatr-el-improvements for a development to be known as the Saddleback planned unit development "Saddleback" . The developer of tie --Saddleback Go'Glubband the petitioner for the formation of the District is Saddleback Marketing, L.L.C., a Colorado limited liability company (the "Developer"). The District is intended to provide for the financing of public improvements for the Saddleback Gelf-496"evelopment, but is not intended to be a I District with perpetual existence. The District will consist of approximately one hundred forty- five (145) acres and no changes in the District's boundaries are anticipated or authorized. The District shallwil be dissolved when its financial obligations are paid or provided for or when the Town of Firestone, Colorado (the "Town") requests dissolution, provided then -applicable statutory requirements are met, all as further described in this Service Plan (the "Service Plan"). Except as expressly provided in this Service Plan, all public improvements and facilities that are financed, constructed, installed or acquired 'by the District shall be dedicated and conveyed to the Town or its designee and will be operated and maintained by the Town or its designee upon Town acceptance and completion of the District's warranty obligations. The Town may require that specific landscaping improvements that are dedicated and conveyed to the Town be epeFnte and -maintained by the Distw..ti �a homeowners' association formed for the Saddleback development, for the use and benefit of residents, taxpayers and property owners. The District shall not provide fire protection or emergency services, which fire protection and emergency services shall be provided by the Frederick -Firestone Area Fire Protection District and Tri-Area Ambulance District, respectively. The District may exercise those powers of a metropolitan district set forth in §§32-1-1001 and -I004, C.R.S. only to implement the provisions of this Service Plan and only to the extent authorized by and in a manner consistent with this Service Plan. The District is generally located between the intersections of Pine Cone Avenue and Colorado Boulevard and Pine Cone Avenue and Frontier Street. The proposed boundaries of the District are limited to thosethe-initial boundaries, -as described in Exhibit A, attached hereto. This Service Plan has been prepared by the following Developer and participating consultants (the "Organizers"): Developer Saddleback Marketing, L.L.C. a Colorado Limited Liability Company Al Schnabel 348 Morning Star Lane Lafayette, Colorado 80026 (303) 579-4688 (720) 890-0619 (fax) Investment Banker Thomas Bishop Sam Sharp Kirkpatrick, Pettis, Smith, Polian, Inc 1600 Lincoln Street, Suite 1100 Denver, Colorado 80202 (303) 764-5737 (303) 764-5770 (fax) tom.bishop@mutualofomaha.com mutualofomaha.com sam.sharp@mutualofomaha.com District Counsel Icenogle, Norton, Smith, Blieszner & Miller A Professional Corporation Dianne D. Miller, Esq. 821 17th Street, Suite 600 Denver, Colorado 80202 (303) 292-6400 (303) 292-6401 (fax) ddm@inspc.com Engineer Don Park Park Engineering Consultants 420 21 st Avenue, Suite 101 Longmont, Colorado 80501 (303) 651-6626 (303) 651-0331 (fax) don@parkengineefing.net 2 Bond Counsel Sherman & Howard, LLC Blake Jordan 633 17th Street, Suite 3000 Denver, Colorado 80202 (303) 297-2900 (303) 298-0940 (fax) b-iordan@sah.com Accountant Clifton Gunderson, LLP Larry Beardsley 6399 S. Fiddler's Green Circle, Suite 100 Greenwood Village, Colorado 80111 (303) 779-5710 (303) 779-0348 (fax) lagy.beardsigy(@,cliftoncpa.com Planner Axel Bishop Design Concepts 211 North Public Road, Suite 200 Lafayette, Colorado 80026 (303) 664-5301 (303) 664-5313 (fax) axel _,dcla.net Marketing Consultant Bowie Real Estate Appraisal Service Russell C. Bowie, MAI 2525 Linden Avenue Boulder, Colorado 80304 (303) 499-5155 (303) 499-5591 (fax) bowieappraisal(@,msn.com Pursuant to the requirements of the Special District Control Act, § 32-1-201, et seq., C.R.S., this Service Plan consists of a financial analysis and an engineering plan showing how the proposed facilities and services of the Firestone Trails Metropolitan District will be provided and financed. As required by § 31-1-202(2), C.R.S., the following items are included in this Service Plan: a. A description of the proposed services; b. A financing plan showing how the proposed services are to be financed, including all elements required by § 32-1-202(2)(b), C.R.S.; C. A preliminary engineering or architectural survey showing how the proposed services are to be provided; 3 d. A map of the proposed District's boundaries and an estimate of the population and valuation for assessment of the proposed District; e. A general description of the facilities to be constructed and the standards for construction, including a statement of how the facility and service standards of the proposed District are compatible with facility and service standards of Weld , the Town and special districts which are interested parties pursuant to § 32-1-204(1), C.R.S.; f. A general description of the estimated cost of acquiring land, engineering services, legal services, administrative services, initial proposed indebtedness and estimated proposed maximum interest rates and discounts and other major expenses related to the organization and initial operation of the District; and g. A description of any arrangement or proposed agreement with any political subdivision for the performance of any services between the proposed District and such other political subdivision and, if applicable, a form of the agreement. H. PURPOSE OF THE PROPOSED DISTRICT The District will finance the construction of public improvements for the Saddleback Golf-Glub development, which improvements shall be constructed to Town standards, warranted by the District, anddedicated and conveyed to the Town or its designee as provided in this Service Plan, or as otherwise required by the Town. The Town may require that specific landscaping improvements that are dedicated and conveyed to the Town be operated and maintained by the Dist fief or by -a homeowners' association formed for the Saddleback development for the use and benefit of residents, taxpayers and property owners. The public improvements shall be financed, in part, through the issuance of indebtedness as set forth in 4 Article V, "Financing Plan". Except as specified in or pursuant to this Service Plan, the District shall not construct or own any improvements, shall not provide for any maintenance, repair or operation of any improvements, and shall not perform any services without the consent of the Town as evidenced by a resolution of approval of the Town of Firestone Board of Trustees (the 'Board of Trustees"). In addition, the District will not contract with any other governmental entity to receive any services which are or may become available from the Town, or to provide any services to or within any other governmental entity without the prior written consent of the Town. The District shall not provide any services or facilities within any area of the District overlapping with the service area of another district without first obtaining the written consent of each and every district whose service area is so overlapped. The District shall dissolve when its financial obligations are paid or provided for, or otherwise upon request of the Town, subject to then -applicable statutory requirements, all as further provided in Article VIII. M. BOUNDARIES, POPULATION & VALUATION The District consists of approximately one hundred forty-five (145) acres located entirely within the boundaries of the Town, as more particularly set forth in the legal description attached hereto as Exhibit A and as shown on the boundary map, attached hereto as Exhibit B, and the vicinity map, attached hereto as Exhibit C. The petitioner, also the Developer of the District property, has received the consents of the property owners to the formation of this District, which consents, for the owners of all property to be located within the District, are attached hereto as Exhibit D and incorporated herein by this reference. 5 The Saddleback Golf Club is being developed for the anticipated construction of two hundred seventy-nine (279) single-family homes, one hundred thirty-four (134) patio homes and one hundred twenty-six (126) town homes by Saddleback Marketing, L.L.C. The current population of the District is zero. The estimated population of the District at full build -out is one thousand eight hundred thirty-three (1,833) people subject to development approval by the Town. It is acknowledged that Town development standard samweval and I requirements may affect the foregoing numbers of anticipated homes and population. The 1 estimated assessed value at full build -out is Seventeen Million Four Hundred Eight Thousand Eight Hundred Seventy -Five Dollars ($17,408,875). The property is currently zoned Planned Unit Development, for various residential use categories. The current assessed value is approximately Forty -Three Thousand One Hundred Seventy Dollars ($43,170). The total overlapping mill levy imposed upon the property within the proposed District for tax collection year 2001 was eighty-one and seven hundred ninety one -thousandths of one mill (81.790) mills. The District shall be required to obtain written approval from the Town of a Service Plan modification prior to any inclusion or exclusion of property to or from the District, or any other change in its boundaries. Any such approval may be granted or denied by resolution of the Board of Trustees, in its discretion. Any inclusion may be on the condition that all property originally in the District remain in the District, and on such other conditions as the Town may impose. Any exclusion may be on the condition that there is no detriment to the remaining residents and taxpayers within the District, or to the District's bondholders, and on such other conditions as the Town may impose. No changes in the boundaries of the District shall be made, unless the prior written approval of the Board of Trustees has been obtained as part of a Service Plan modification, as provided herein. 0 IV. DESCRIPTION OF PROPOSED FACILITIES a. Type of Improvements. The District will provide for the financing, construction, acquisition and installation of streets, traffic safety control, street lighting, water, landscaping, storm drainage, andtelevisien park and recreation improvements and facilities (as the foregoing terms are defined in § 32-1-1004(2), C.R,S. and the sections referenced therein) within the boundaries of the District. The District is also authorized to finance spark, recreation or other capital improvements of the Town that are identified by the Town and located outside of the District, as provided in Article V.c., below. With the exception of those public improvements specifically identified in Exhibit F and authorized by this Service Plan, and with 1 the exception of the Two Million Dollars ($2,000,000.00) paid to the Town which may be utilized by the Town as described inthe Finaneing Plan, at4aehed heFete as Exhibit G article V.c hereof and the intergovernmental agreement attached hereto as Exhibit N. the District shall not finance, construct, acquire or install any improvements outside the boundaries of the District unless: (1) such improvements are necessary to connect service for the District to the facilities of other entities involved in providing services to the District; and (2) such proposed improvements are approved in advance by resolution of the Board of Trustees. The property within the District will receive water service from the Town. The District; together- with the DevelepeF, may finance, design, construct and install Town water system improvements and facilities located within the boundaries of the District. However, all water systems improvements within the District shall be dedicated and conveyed to and owned by the Town upon Town acceptance and completion of the District's warranty obligations. All water 7 rights for water service to the property shall be owned by the Town; the District shallwill not purchase, own, manage, adjudicate or develop any water rights or water resources. The Organizers of the District have prepared a preliminary engineering report based on the Town's construction standards. The table, attached hereto as Exhibit E, lists all facilities which the District, subject to development approval of the Town, will be authorized to finance, acquire, design, construct, and install, including the costs in current dollars of each, together with an explanation of the methods, basis and/or assumptions used. A letter concerning the reasonableness of the cost estimates, and of the methods, bases and assumptions used, is included in Exhibit E. Subject to the Debt Limitations set forth in Article V of this Service Plan and the requirements of Article V.c, the District will be authorized to fund any combination of the improvements. The combined estimated cost of the improvements is Eight Million Nine Hundred Fifty -One Thousand Nine Hundred Twenty -Seven Dollars and Forty -Four Cents ($8,951,927.44), which exceeds the estimated debt capacity of the District. Funding for improvements not funded by the District shall remain the responsibility of the Ddeveloper of the property. The Town is not responsible for assuming any of the costs of the improvements funded by the District or necessary for service to the proposed Saddleback Golf Club development. A map showing the location of the public improvements to be financed by the District is attached as Exhibit F. The District shall be authorized to finance, acquire, design, construct and install those types ofthe public improvements and facilities which are authorized under this Article IV and which are generally shown on Exhibit F, subject to the specific final design and approval thereof by the Town. Phasing of construction shall be determined by the District to meet the needs of the residents and taxpayers within its boundaries; provided, however, but 8 that improvements shall be installed in compliance with any phasing plan approved for the Saddleback frees -development at the request of the Developer. b. Description of Existing Conditions. The area is predominantly undeveloped. C. Anticipated Development. The Organizers Developer of the Dist~ .. anticipates total build -out to occur by 2007, ` with the construction of seventy-eight (78) single family homes in 2003, seventy (70) single family homes in 2004, sixty-nine (69) single family homes in 2005, forty-eight (48) single family homes in 2006 and fourteen (14) single family homes in 2007; thirty-five (35) patio homes in 2003, twenty-three (23) patio homes in 2004, thirty-eight (38) patio homes in 2006 and thirty- eight (38) patio homes in 2007; and thirty (30) town homes in 2003, forty-two (42) town homes in 2004 and fifty-four (54) town homes in 2007, subject to final design and development approval by the Town. It is acknowledged by the ^Developer that Town development standardsappr-evals and requirements may affect the foregoing numbers of anticipated homes and the foregoing anticipated build -out schedule. d. Public improvement Schedule. Construction of the public improvements will commence as soon as possible following approval of the Service Plan. The public improvements will be phased to meet the development schedule, and shall be installed in compliance with any phasing plan approved for the Saddleback development at the request of the Developer. e. Town Construction Standards. z All proposed facilities and improvements shall be designed and constructed solely in accordance with the standards and specifications established by the Town and in effect from time to time, and with applicable standards and specifications of the federal government and State of Colo -ado etien. All proposed facilities and improvements shall be compatible with those of the Town. afe net limked te, the Gentr-al Weld Geunty Water- Distriet, the Weld County Ri A. -ea Safkatie Geierade. The Districts and its engineer has -have designed and shallwtll design the facilities and improvements to meet such standards, specifications and compatibility requirements of the Town_ In addition, anv water facilities proposed to be financed by the District and dedicated to the Central Weld County Water &9d S.,.kafiw District shallwill be designed by the Central Weld County Water and atiefi District. The District will obtain approval of civil engineering plans and permits for construction and installation of facilities improvements from the Town prior to the construction or installation of any facilities or improvements. The District shall be subject to all applicable provisions of the Firestone Municipal Code and to all Town rules, regulations and policies with respect to the conduct of its work on the improvements, as in effect from time to time. f. Limitation on Eminent Domain. The District shall not exercise any power of dominant eminent domain against the Town and shall not exercise any power of eminent domain within the Town without the prior written consent of the Town. No exercise of eminent domain by the District is contemplated or 10 authorized in this Service Plan, and any proposed use thereof shall be considered a material modification of this Service Plan, and shall be subject to the Town's prior written approval. g. Dedication of Improvements to the Town. Except as specifically set forth within this Service Plan, the District shall dedicate and convey to the Town or its designee, or cause to be dedicated and conveyed to the Town or its designee, all public improvements and facilities, including, but not necessarily limited to, all streets, traffic safety controls, street lighting, sidewalks, water, storm drainage, teley-si ... ��'�• , landscaping, FROSqUite e8RtFel and park and recreation improvements and facilities, as well as all rights -of -way, fee interests and easements necessary for access to and operation and maintenance of such improvements and facilities, to the extent such property interests have not been acquired by the Town through the land use approval process. The District shall not W intend operate or maintain any public improvements, except as necessary to comply with its warranty obligations hereunder.; , Enaimain my landsea afnents, the Distr-iet is willing to de so with the-undMtmding The District shall also dedicate and convey to the Town or its designee any other facilities and improvements contemplated in this Service Plan, together with necessary rights -of -way, fee interests and easements. All such improvements, facilities, easements and rights -of -way shall be conveyed to the Town or its designee immediately upon completion of construction, installation and expiration of the two (2) year warranty period that commences after the Town has issued an Conditionallpii6al Acceptance as set forth below. All improvements, facilities, rights -of --way, fee 11 interests and easements shall be conveyed and dedicated to the Town or its designee by instruments acceptable to the Town, free and clear of all liens and encumbrances, except those which are acceptable to the Town it is its sole discretion. Failure to comply with the requirements of this Article IV shall be deemed to be a material modification of this Service Plan. Once a public improvement to be dedicated to the Town is constructed and installed, the Town shall issue an "Conditionaaflitial Acceptance" letter stating that the improvement has been constructed or installed in conformance with the Town's standards, or shall issue a letter stating the corrections necessary to bring the improvement into compliance with Town standards for the issuance of such an "Conditionals Acceptance" letter. The District at its a ense shall promptly undertake any necessary corrections. Upon issuance of the "Conditionalloitial Acceptance" letter, the public improvements shall be warranted for two (2) calendar years from the date of such "Conditionalial Acceptance", during which time the District shall maintain the improvements and correct all deficiencies therein as directed by the Town. At the conclusion of such two (2) year period, the Town shall issue a "Final Acceptance" letter if the public improvements conform to the Town's specifications and standards, or shall issue a letter stating the correction necessary to bring the improvement into compliance with Town standards for the issuance of such a "Final Acceptance" letter. The District at its expense shall promptly undertake any necessary corrections. A "Final Acceptance closing" shall then be arranged and held (such closing in no event to occur more than one hundred twenty (120) days after the 'issuance of the "Final Acceptance" letter, at which time the Town will issue a "Final Acceptance" for all public improvements to be accepted by it, and the District will execute and deliver to the Town all 12 necessary instruments to dedicate and convey to the Town the improvements and facilities, and all necessary rights -of -way, fee interests and easements. h. Ownership and Operation of Facilities by the District. The District shall not be authorized to own or operate any improvements or facilities to be provided pursuant to this Service Plan, other than as necessary to permit the financing and construction thereof, except through approval by the Town by resolution or through an amendment to this Service Plan. Nothing herein shall limit the Town's authorijY to require that improvements and facilities be operated or maintained by a homeowners' association formed for the Saddleback development. , , L Acquisition of Land for Public Improvements. The District shall acquire at no cost to the Town all lands or interests in land required by the Town for construction of street, traffic safety control, street fighting, water, landscaping, storm drainage, televisieR Felay, Fnesquite eefttfel, park and recreation and other public improvements being constructed or instafledpr-e-Aded by the District. Such land or interests in land may be acquired by the District by instruments of conveyance and/or plat dedicatio in form and substance acceptable to the Town. All bland and interests in land shall be conveyed to the Town or its designee at no cost to the Town at such times and by such 13 instruments of conveyance as the Town may reasonably require (but in no event shall such conveyances be made later than the "Final Acceptance closing" described in Article IV.g, above), free and clear of all liens and encumbrances, except those which are acceptable to the Town. Exceptions must be approved by the Town in advance and in writing. Failure to comply with this provision shall be deemed to be a material modification of this Service Plan. j. Services to be Provided by other Governmental Entities. The District proposes to finance, construct, acquire e+ and install the public improvements necessary to serve the District's residents and taxpayers, but is not authorized to and shallwil not provide any ongoing services within the District, with the fire ed ^*o.,z:� The District shall btain a resolution from the Carbon Valley Park and Recreation District consenting to the overlapping boundaries for financing purposes only. The District shall not provide ongoing park and recreation services to the District. Santa sSewer services shall be provided by the Weld County Tri-Area Sanitation District. Nothing herein shall limit or discharge the District's responsibilities for operation, maintenance and repair of public improvements prior to their acceptance by the Town and conveyance to the Town or its designee, or limit or discharge the District's warranty obligations. L Inter. All facilities and improvements shall be constructed so as to be integrated with existing and planned facilities and improvements of the Town and other entities providing service to the 14 Saddleback Golf Club development. The District shall obtain from such other serving entities approval of the proposed plans for the facilities and improvements. The District shall provide the Town with copies of any submittals to such entities at the time of their submittal and with copies of any approvals from such entities upon receipt. V. FINANCIAL INFORMATION This Article V describes the nature, basis, method of funding and debt and mill levy limitations associated with the District's public improvements program and operations. A detailed Financing Plan, consisting of the Accountant's Forecasted Cash Surplus Balances and Cash Receipts and Disbursements (including a Summary of Significant Forecast Assumptions), the Market Projection Consultant's Analysis, and the Developer's Letter in Support of the Market Projections is contained in Exhibit G, attached hereto and incorporated herein The Financing Plan includes estimated operations, maintenance, administration costs, proposed indebtedness and estimated interest rates and discounts and other major expenses related to the organization and operation of the District. The Financing Plan projects the issuance of the debt and the anticipated repayment based on the development assumptions (including the market projections and absorption forecasts set forth therein) for property within the boundaries of the District. The Financing Plan demonstrates that, at the projected level of development, and with the projected Developer support, the proposed District has the ability to finance the facilities identified herein, and will be capable of discharging the proposed indebtedness on a reasonable basis. a. General The provision of improvements and facilities by the proposed District will be financed through the issuance of general obligation bonds (the "Bonds"), secured by the ad valorem taxing 15 authority of the proposed District and other District revenues, limited as discussed below. The Financing Plan anticipates the issuance of two (2) series of Bonds in 2003 and 2007. The term of any Bonds issued by the District shall not exceed thirty (30) years. The combined total estimated cost of the improvements is Eight Million Nine Hundred Fifty -One Thousand Nine Hundred Twenty -Seven Dollars and Forty -Four Cents ($8,951,927.44). The District has the capacity to issue general obligation bonds in the aggregate principal amount of approximately Seven Million Eight Hundred Seventy -Five Thousand Dollars ($7,875,000), projected to yield net bond proceeds of Seven Million Three Hundred Twenty -One Thousand Seven Hundred Seventy -Three Dollars ($7,321,773) (which will be further reduced by the District's contribution of Two Million Dollars ($2,000,000) to the Town as provided in Article V.c below). Accordingly, it is currently anticipated that the bond proceeds will be insufficient to allow for repayment of Three Million Six Hundred Thirty Thousand One Hundred Fifty -Four Dollars and Forty -Four Cents ($3,630,154.44), which will be contributed by the Developer; however, if the financing capability of the District changes and will permit repayment in the future (due to higher than anticipated assessment values, lower interest rates or any other circumstance), the District may agree to repay the Developer for unreimbursed public infrastructure costs so long as the District has the capacity to make such payments without exceeding the debt limit or Mill Levy Limit provided in this Service Plan. Payments made to the Developer by the District are expected to be made ems -principally from Bond proceeds and shall not exceed the amount advanced for capital costs by the Developer. The Accountant's Forecasted Cash Surplus Balance and Cash Receipts and Disbursements in Exhibit G do not include the above-descnbed Developer contribution to the costs of public improvements. b. Debt Issuance. 16 The District intends to issue two (2) series of general obligation bonds in the aggregate principal amount of approximately Seven Million Eight Hundred Seventy -Five Thousand Dollars ($7,875,000). A total debt limitation of Ei ht Million Five Hundred Thousand Dollars $8 500 004 in aggregate principal amount is approved in this Service Plan; such debt limitation is to apply to the aggregate outstanding amount of both general obligations bonds and construction financing notes (i.e., notes or other financial obligations, if any, issued by the District to the Developer to evidence the District's obligation to repay the Developer's advances for construction costs). The first series of general obligation bonds will be issued in the approximate amount of Three Million Two Hundred Thousand Dollars ($3,200,000)at such time as one hundred foqy7 three 143 homes(representing,together with undeveloped land in the District a total of approximately $6 67 million in assessed valuation) have received building permits and all public improvements serving such homes have been completed and accepted by the Town ("Development Threshold n all of which is anticipated to occur in December 2003. as shown in Exhibit l7G. . The Developer expects that sales of such first series of general obligation bonds (to financial institutions or institutional investors as further provided below) would be made on the basis that, builder activity having commenced within the District (as demonstrated by the development levels required by the immediately preceding sentence), there is a reasonable likelihood that projected future development will occur and will result in stiffleient- increased assessed valuation levels to support payment of such bonds. The second series of general obligation bonds will be issued in the approximate amount of Four Million Six Hundred Seventy -Five Thousand Dollars ($4,675,000), at such time as certificates of occupancy have been issued for 278 residential units (representing a total of approximately $ million in 17 ", assessed valuation) 222 remaining residential units have received buildingpermits, and all public improvements serving such residential development have been completed and accepted by the Town ("Development Threshold II") all of which is anticipated to occur in December 2007. C. Required Transfers of Bond Proceeds to Town. The District will pay to the Town for deposit into the Town's capital improvements fund five and twenty-eight one -hundredths of one percent (5.28%) of the District's total net bond proceeds which shall be paid to the Town concurrently with the delivery of each series of bonds. The funds so paid to the Town may be used by the Town to finance any park or recreation capital improvement (which may be either within or outside the boundaries of the District) that the District would otherwise be authorized to finance, or, upon agreement of the Town and District, for any other capital improvement (either within or outside the boundaries of the District), which improvements the District would otherwise be empowered to construct, i.e., streets, traffic safety controls, street lighting, water, storm drainage, or landscaping, tel improvements and facilities and of which improvement shall be of benefit to the Town and District as determined by the Board of Trustees. In addition to the foregoing, the District shall pay to the Town for deposit into the Town's capital improvements fund an such additional amount of total net bond proceeds(presently estimated at One Million Six Hundred Thirteen Thousand Four Hundred Ten Dollars ($ ,� vrr,420 $1,613.410))as, when added to such 5.28% of net bond proceeds, will make u a -(Tema total contribution to the Town of Two Million Dollars ($2,000,000)) of the total net bend pr-ereed5,-4e Such additional amounts shall be deposited on a proportionate basis from the first and second bond issues, such proportion to be calculated assuming the bond issue princiRal amounts stated in V.b above unless the Town consents to a different basis of calculation. These additional funds may be used by the Town to finance any 18 capital improvement (either within or outside the boundaries of the District) that the District would otherwise be authorized to finance. The Developer and other Organizers of the District acknowledge that the foregoing provisions for allocation of bond proceeds to the Town's capital improvements fund for capital improvements are material considerations in, and conditions of, the Town's approval of this Service Plan, and the Town has relied thereon in approving this Service Plan. The District shall not issue bonds without including in such issuance the concurrent allocation and delivery to the Town of the funds required by this Article V.c, and such delivery of funds to the Town shall be a condition of closing for such bonds. Further, the District shall not be authorized to issue bonds until the governing body of the District, upon formation thereof, has executed the intergovernmental agreement provided for in Article XIII and Exhibit M, stating its agreement to comply with the provisions of this Article V.c. d. Other Financial Restrictions, Limitations and Requirements. The District shall request voter authorization for a--n -of Ten- ien Dellafs such amount of general obligation debt as the District deems sufficient to allow for allocation of the amounts deposited in the Town's capital improvements fund (as described in Article V.c, above) among the District's powers, unforeseen contingencies, increases in construction costs due to inflation and all costs of issuance, including capitalized interest, reserve funds, discounts, legal fees and other incidental costs of issuance;__ provided, however, that the amount of general obligation debt to ether with construction financing notes actually issued by the District shall not exceed the debt limitation of Eight Million Five Hundred Thousand Dollars($8,500,000) as stated in Article V.b above. All bonds of the District will be sold for cash. The authorized 19 maximum voted interest rate is fifteen percent (15%) per annum and the maximum underwriting discount is four percent (4%) of bond principal. The actual interest rates and discounts, within such maximum amounts, will be determined at the time the bonds are sold by the District and will reflect market conditions at the time of sale. Estimated interest rates used in Exhibit G are based on information furnished by the underwriters identified in Exhibit H. In the event bonds are issued at an interest rate higher than the estimated rates used in Exhibit G, the principal amount of bonds will be reduced so as to result in total debt service payments approximately equal to those projected in Exhibit G, and so that debt service on the bonds can be paid from the revenue sources contemplated in this Service Plan. If actual increases in District assessed valuation attributable to inflation and biennial revaluation factors are less than the projected increases for those factors as shown in the Exhibit G forecasts it is expected that the District would compensate by increasing its mill le subject to the Limited Mill Le or reducing the principal amount of the bonds issued. The Developer acknowledges and accepts the risk that, if all or a part of the general obligation bonds proposed to be issued by the District are not issued, because of changes in financial conditions or for any other reason, the Developer may not be paid or reimbursed for the cost of public improvements or other advances to the District. No bonds issued by the District shall provide for acceleration as a remedy upon default, unless the District has received the prior written administrative approval of the Town, which approval may be granted only by the Town Administrator or the Board of Trustees. Except as provided below, with respect to notes issued to the Developer for construction financing, this Service Plan authorizes only the issuance of general obligation bonds and only within the above stated limits, and subject to the provisions as to the Limited Mill Levy as set forth below. The Pill District may be authorized to issue revenue bonds, certificates, debentures or other evidences of indebtedness or to enter into lease -purchase transactions, only upon approval of an amendment to this Service Plan, and such an amendment shall be considered a material modification of the Service Plan. The District does not anticipate the imposition of development fees at this time, and may be authorized to impose such fees only upon the prior written approval of the Board of Trustees. All bonds of the District shall be structured utilizing a commercial bank with trust powers as trustee to hold the bond proceeds and debt service funds and to pursue remedies on behalf of the bondholders. Any bonds issued by the District pursuant to this Service Plan shall be in compliance with all applicable legal requirements, including without limitation § 32-1-1101(6), C.R.S., and article 59 of title 11, C.R.S., and shall be approved by nationally recognized bond counsel. An opinion shall also be obtained from bond counsel or counsel to the District that the bonds comply with all requirements of this Service Plan. e. Limited Mill Levy. "Limited Mill Levy" shall mean an ad valorem mill levy (a null being equal to 1/10 of 10) imposed upon all taxable property in the District each year in an amount sufficient to pay the principal of, premium if any, and interest on the bonds as the same become due and payable, and to make up any deficiencies in any debt service reserve for the bonds, but, together with all other District mill levies (including, without limitation, all null levies for administration, maintenance, and other operating expenses), such mill levy shall not exceed fifty (50) mills; provided however, that in the event of changes in the ratio of actual valuation to assessed valuation for residential real property-, pursuant to Article X, section 3(1)(b) of the Colorado Constitution and 21 legislation implementing such constitutional provision, the fifty (50) mill levy limitation provided herein will be increased or decreased (as to all taxable property in the District, including both residential and commercial property) to reflect such changes so that, to the extent possible, the actual tax revenues generated by the mill levy, as adjusted, are neither diminished nor enhanced as a result of such changes ("Gallagher adjustment"). The Limited Mill Levy shall be an enforceable limit on all District mill levies. is Investor Suitability. In addition: I. The first District bond issue (anticipated in 2003, as described above) shall be issued only to financial institutions or institutional investors within the meaning of § 32-1-1101(6)(a)(IV), § 32-1-103(6.5) and § 11-59-103(8), C.R.S.; and 2. The second District bond issue (anticipated in 2007, as described above) shall either: A. be issued only in denominations of not less than Five Hundred Thousand Dollars ($500,000) each, in integral multiples of not less than One Thousand Dollars ($1,000), all as provided in Regulation 59-10.3 promulgated under the Colorado Municipal Bond Supervision Act, § 11-59-101 et seq., C.R.S., so long as such regulation is in effect and otherwise in full compliance with such regulation and such Act; or B. be issued only in denominations of One Hundred Thousand Dollars ($100,000) or more, be sold not in a public offering and exclusively to accredited investors, as that term is defined under §§ 3(b) and (4)(2) of the federal "Securities Act of 1933" by regulation adopted thereunder by the Securities and Exchange Commission, and contain, written conspicuously on such bond, 22 restrictions on transfer as necessary to insure that secondary sales are similarly limited to accredited investors. The District shall provide for and shall utilize mechanisms and procedures for transfers and exchanges of bonds which are reasonably designed to insure continuing compliance with applicable institutional investor, accredited investor and minimum denomination requirements. If the District's bonds are rated in one of the four highest investment grade rating categories by one or more nationally recognized organizations which regularly rate such obligations, compliance with the minimum denomination, institutional investor and accredited investor limitations set forth above shall not be required. g. Refunding bonds. General obligation refunding bonds may be issued by the District to defease original issue bonds in compliance with applicable law, but any such refunding shall not extend the maturity of the bonds being refunded nor increase the total debt service thereon and shall meet the requirements of § 32-1-1101(6)(a), C.R.S. Any issuance of refunding bonds must comply with paragraph (1) under (_)above ("Investor Suitability"), unless Development Threshold II has been reached, in which case such issuance of refunding bonds must comply with either paragraph (1) or paragraph (2) under (f) above or unless the refunding bonds have received an investment grade rating as described in the last sentence of (f) above). Except as otherwise specifically provided in this paragraph g of Article V, all limitations, restrictions and requirements of this Service Plan with respect to general obligation bonds of the District shall be applicable to refunding bonds, including, without limitation, Limited Mill Levy, debt limit, maximum interest rate, maximum discount, maximum term, prohibition on acceleration, bank trustee requirement and opinion requirements. 23 h. Construction Financing Notes Issued to Developer. The District may issue construction financing notes to the Developer to evidence the District's obligation to reimburse the Developer's advances for construction costs; any Developer advances which are not so reimbursed shall be treated as Developer contributions as described in IV.a, above. Such notes shall be subject to the following restrictions set forth above for general obligation bonds: Limited Mill Levy, debt limitation, maximum term, prohibition on acceleration, and opinion as to Service Plan compliance; but such notes shall not be subject to the above -stated bank trustee requirement, minimum denomination, or bond counsel opinion requirements. Such notes shall not be general obligations of the District, shall bear no interest (see Exhibit G), shall be issued only to the Developer (and therefore shall be not be subject to any underwriting discount), and shall not be transferred, assigned, participated or used as security for any borrowing. The Developer hereby represents that it is an accredited investor, as that term is defined under §§ 3(b) and (4)(2) of the federal "Securities Act of 1933" by regulation adopted thereunder by the Securities and Exchange Commission. Such notes shall be paid from proceeds of the District's general obligation bonds (when and if received by the District, and subject to prior payment of -amounts payable to the Town as provided in Article V.c, above); otherwise the notes will be unsecured obligations of the District: To the extent that any of such notes are outstanding when the District's general obligation bonds are also outstanding, payments on the notes may be made only if such payments do not adversely affect the District's ability to pay its general obligation bonds. The Developer solely assumes the risk of nonpayment or other default on such notes, including, without limitation, delay, inability or failure of the District to sell or issue its general obligation bonds. i. Identification of District Revenue. 24 The District will impose a mill levy on all taxable property in the District as the primary source of revenue for repayment of debt service and for operations and maintenance. The mill levy imposed by the District shall not exceed fifty (50) mills, except for Gallagher adjustments permitted under V.b, above. Although the mill levy imposed may vary depending on the phasing of facilities anticipated to be funded, it is estimated that a mill levy of approximately thirty-five (35) mills will produce revenue sufficient to support debt service and operations and maintenance expenses throughout the repayment period. No fees or user charges shall be imposed by the District W. j. Security for Debt. The District will not pledge any Town funds or assets for security for the indebtedness set forth in the Financing Plan of the District. k. Services of District. The District will require sufficient operating funds to plan and cause the public improvements to be constructed. The District will also require sufficient operating funds for the maintenance of any improvements it is required or authorized to maintain as provided in this Service Plan. The costs are expected to include: maintenance, organizational costs, legal, engineering, accounting and debt issuance costs, compliance with state reporting and other administrative requirements. The first year's operating budget (for 2003) is estimated to be Fifty Thousand Dollars ($50,000). 1. Ouinquennial Review. Pursuant to § 32-1-1101.5, C.R.S., the District shall submit application for a quinquennial finding of reasonable diligence in every fifth (5'h) calendar year after the calendar year in which the District's ballot issue to incur general obligation indebtedness is approved by its electorate. Upon such application, the Board of Trustees may accept such application or hold a public 25 hearing thereon and take such actions as are permitted by law. The District shall be responsible for payment of the Town consultant and administrative costs associated with such review, and the Town may require a deposit of the estimated costs thereof The Town shall have all powers concerning the quinquennial review as provided by statutes in effect from time to time. m Letters. There is attached hereto as Exhibit H an underwriter's letter stating its intention to underwrite the District's financial obligations as proposed in this Financing Plan. There is attached hereto as Exhibit I a letter from legal counsel for the District stating that the petition for organization of the District, this Service Plan, notice and hearing procedures in connection therewith, and provisions thereof (including without limitation provisions as to the District's bonds, fees and revenue sources) meet the requirements of titles 11 and 32, C.R.S., and other applicable law. There is attached hereto as Exhibit J a letter from bond counsel for the District (i) stating that sue -provisions for payments of bond proceeds to the Town for deposit into the Town's capital improvements funds are authorized and permissible under currently applicable laws, and that the District is authorized by currently applicable laws to undertake such borrowing and make such payments of bond proceeds to the Town; and (u) describing any significant legal or tax requirements or restrictions that the Town will be expected to comply with in connection with such payments. VI. LANDOWNERS' OBLIGATIONS AS TO PUBLIC ❑VIPROVEMENTS The creation of the District shall not relieve the Developer, the landowner or any subdivider of property within the District, or any of their respective successors or assigns, of obligations to construct public improvements for the Saddleback development, of the obligation to enter into a subdivision improvements agreement regarding such improvements, or of 26 obligations to provide to the Town letters of credit as required by the Town to ensure the completion of such public improvements, or of any other obligations to the Town under Town ordinances, rules, regulations or policies, or under other agreements affecting the property within the District or the Saddleback development, or any other agreement between the Town and the Developer (or any such landowner, subdivider or successors or assigns). VII. ANNUAL REPORT The District shall be responsible for submitting an annual report to the Town within one hundred and twenty (120) days from the conclusion of the District's fiscal year. Failure of the District to submit such report shall not constitute a material modification hereof, unless the District refuses to submit such report within thirty (30) days after a written request from the Town to do so. The District's fiscal year shall end on December 31 ' of each year. The content of the annual report shall include information as to the following matters which occurred during the year: a. Boundary changes made or proposed; b. Intergovernmental Agreements entered into or proposed; C. Changes or proposed changes in the District's policies; d. Changes or proposed changes in the District's operations; e. Any changes in the financial status of the District including any issuance of financial obligations or any change in revenue projections or operating costs; f. A summary of any litigation and notices of claim involving the District; g. Proposed plans for the year immediately following the year summarized in the annual report; 27 h. Status of construction of public improvements; i. The current assessed valuation in the District; and j. A schedule of aii fees, charges, and assessments imposed in'the report year and Proposed to be imposed in the following year and the revenues raised or proposed to be raised therefrom. The foregoing list shall not be construed to excuse the requirement for prior written Town approval of those matters that are considered material modifications of this Service Plan or for any other required Town approval. The annual report shall be signed by the President and attested by the Secretary of the District. Along with the annual report, and at any more frequent intervals as reasonably requested by the Town, the District shall provide to the Town a currently dated and written certificate, signed by the President and Secretary of the District, certifying that the District is in full compliance with this Service Plan. If the District is not in full compliance with this Service Plan, the certificate shall include a detailed statement describing such noncompliance, and the District shall cooperate fully with the Town in providing further information as to, and promptly remedying, any such noncompliance. The Town reserves the right, pursuant to § 32-1-207(3)(c), C.R.S., to request reports from the District beyond the mandatory statutory five (5) year reporting report. In addition to the foregoing, the District shall cooperate with the Town by providing prompt responses to all reasonable requests by the Town for information, and the District shall permit the Town to inspect all public improvements and facilities and all books and records of the District. VIII. DISSOLUTION 28 Promptly when all of the general obligation bonds to be issued by the District have been paid (or when provision for payment thereof has been made through establishment of an escrow as provided by § 32-1-702(3)(b), C.R.S.), the District will so notify the Town and will cooperate fully with the Town in taking all steps necessary under then applicable law to dissolve the District (including, without limitation: formulating a plan of dissolution; executing the District's consent to dissolve pursuant to § 32-1-704(3)(b), C.R.S.; making any necessary agreements as to continuation or transfer of maintenance and other services, if any, which are then being provided by the District; submitting a petition for dissolution to the District Court; and, conducting any required dissolution election). In addition, at any time after issuance of the District's general obligation bonds, upon the Town's request, the District will cooperate fully with the Town to dissolve the District (without such payment of outstanding general obligation bonds of the District or establishment of an escrow therefor) as provided in §§ 32-1-702(3)(c) and 32-1-707(2)(c), C.R.S. Also, on or after December 31, 29892007, if the District has not issued any of its general obligation bonds, the Town shall have the right to require the District to dissolve in accordance with applicable law, and the District will cooperate fully with the Town to dissolve the District. To the maximum extent permitted by law, the above -stated agreements to cooperate in dissolution of the District shall be binding on the undersigned Developer and other landowners signing the Consent contained in Exhibit D to this Service Plan (together constituting the owners of one hundred percent (100%) of the land in the District) and shall also be binding on their successors in title to any and all land in the District (including the nominees for the initial Board of Directors set forth in Article X hereof and succeeding directors who own land within the District); and such agreements shall obligate all such persons to cooperate fully with the Town as 29 described above, including without limitation, the signing of petitions, execution of consents, and voting in favor of dissolution in any required election. IX. CONSOLIDATION The District shall not file a request with the District Court to consolidate with another district without the prior written approval of the Board of Trustees. X. ELECTIONS Following approval of this Service Plan by the Town, and after acceptance of the organizational petition and issuance of orders from the District Court, elections on the questions of organizing the District and approving bonded indebtedness and various agreements described herein will be scheduled. All elections will be conducted as provided in the court orders, the Uniform Election Code of 1992 (as substantially amended by House Bill 93-1255 and as otherwise amended from time to time), and Article X §20 of the Colorado Constitution (the "TABOR Amendment"), and are currently planned for November 5, 2002, but may be held on any legally permitted date. The election questions are expected to include whether to organize the District, election of initial directors, and TABOR Amendment ballot issues and questions. Thus, the ballot may deal with the following topics (in several questions, but not necessarily using the exact divisions shown here): a. Whether to organize the District, b. Membership and terms of the initial board members, C. Approval of new taxes, d. Approval of maximum operational mill levies, e. Approval of bond and other indebtedness limits, 30 f. Approval of an initial property tax revenue limit, g. Approval of an initial total revenue limit, h. Approval of an initial fiscal year spending limit, and i. Approval of a four (4) year delay in voting on ballot issues. Ballot issues may be consolidated as approved in court orders. The petitioners intend to follow both the letter and the spirit of the Special District Act, the Uniform Election Code and the TABOR Amendment during organization of the District. Future elections to comply with the TABOR Amendment may be held as determined by the elected Board of Directors of the District. The following persons, who are or will be owners of property within the District, are anticipated to be nominated for the initial board of directors of the District: Al Schnabel Saddleback Marketing, L.L.C. 348 Morning Star Lane Lafayette, Colorado 80026 (303) 579-4688 Tom Lindsay Prudential LTM, Realtors 275 South Main Street, Suite 100 Longmont, Colorado 80501 (303) 772-2222 Don Park Park Engineering Consultants 420 21 st Avenue, Suite 101 Longmont, Colorado 80501 (303) 651-6626 Xi. INDEMNITIES Gerald Jorgensen Jorgensen, Pepin, Raba, Lewis & Motycka, P.C. The Hamm House 709 Yd Avenue Longmont, Colorado 80501 (303) 678-0560 Axel Bishop Design Concepts 211 North Public Road, Suite 200 Lafayette, Colorado 80026 31 The fixlly executed Saddleback Marketing, L.L.C. Indemnity Letter attached hereto as Part 1 of Exhibit K is submitted by the Developer to the Town as part of this Service Plan. The form of the District Indemnity Letter attached hereto as Part 2 of Exhibit K shall be executed by the District and delivered to the Town immediately upon formation of the District. The execution of such Indemnity Letters are material considerations in the Town's approval of this Service Plan, and the Town has relied thereon in approving this Plan. XH. DISCLOSURE AND DISCLAIMER; NO THIRD -PARTY RIGHTS The District will also record a statement against the property within the District which will include notice of the existence of the District, anticipated mill levy and maximum allowed mill levy. The form of the notice is attached hereto and incorporated herein as Exhibit L, subject to any changes requested by the Town in the fixture. In addition, there is attached hereto as Exhibit M a form of the Town's disclaimer statement. The District shall conspicuously include this disclaimer statement, or any modified or substitute statement hereafter fixrnished by the Town, in all offering materials used in connection with any bonds or other financial obligations of the District (or, if no offering materials are used, the District shall deliver the disclaimer statement to any prospective purchaser of such bonds or financial obligations). No changes shall be made to the disclosure and the disclaimer set forth in Exhibits L and M, respectively, except as directed by the Town. Neither this Service Plan nor any other related agreements shall be construed to impose upon the Town any duties to or confer any rights against the Town upon, any bondholders or other third parties. XH1. INTERGOVERNMENTAL AGREEMENTS 32 The District shall enter into an intergovernmental agreement with the Town which shall be in substantially the form set forth in Exhibit N. The District shall execute and deliver the intergovernmental agreement to the Town immediately upon formation of the District. The execution of such Agreement is a material consideration in the Town's approval of this Service Plan, and the Town has relied thereon in approving this Plan. No other intergovernmental agreements are proposed at this time. Any intergovernmental agreements proposed regarding the subject matter of this Service Plan shall be subject to review and approval by the Board of Trustees prior to their execution by the District. Failure of the District to obtain such approval shall constitute a material modification of this Service Plan. XN. CONSERVATION TRUST FUND The District shall not apply for or claim any entitlement to funds from the Conservation Trust Fund which is derived from lottery proceeds, or other funds available from or through governmental or nonprofit entities for which the Town is eligible to apply. The District shall remit to the Town any and all conservation trust funds which it receives. XV. MODIFICATION OF SERVICE PLAN The District shall obtain the prior written approval of the Town before making any material modifications to this Service Plan. Material modifications require a Service Plan amendment and include modifications of a basic or essential nature, including, but not limited to, the following: 1. Any change in the stated 'purposes of the District or additions to the types of facilities, improvements or programs provided by the District; 33 2. Any issuance by the District of financial obligations not expressly authorized by this Service Plan, or under circumstances inconsistent with the District's financial ability to discharge such obligations as shown in the build out, assessed valuation and other forecasts contained in Exhibit G, or any change in debt limit, change in revenue type or change in maximum mill levy (except for any necessary Gallagher adjustment as provided in Article V.b, above); 3. Any change in the types of improvements or estimated costs of improvements from what is stated in Exhibit E of this Service Plan; 4. Failure by the District to comply with the re uirements of Article V.c of this Service Plan or Section 6 of the intergovernmental agreement (the form of which is attached hereto as Exhibit concerning transfer of bond proceeds to the Town; or 5. Failure by the District to enter into the intergovernmental agreement the form of which is attached hereto as Exhibit ND immediately upon the District's formation as provided in Article XIII of this Service Plan. 64. Failure to comply with the requirements of this Service Plan concerning the dedication of improvements or the acquisition and conveyance of lands or interests in land; 7-5. The failure of the District to develop any capital facility proposed in its Service Plan when necessary to service approved development within the District; 86. Any proposed use of the powers set forth in § § 32-1-1101(1)(1) and—1101(1.5 ), I , C.R.S., respecting division of the District; 9-7. The occurrence of any event or condition which is defined under the Service Plan or intergovernmental agreement as necessitating a service plan amendment; io&. The default by the District under any intergovernmental agreement; 34 119. Any of the events or conditions enumerated in § 32-1-207(2), C.R.S., of the Special District Act; or 124-8. Any action or proposed action by the District which would interfere with or delay the planned dissolution of the District as provided in Article VII hereof. (The examples above are only examples and are not an exclusive list of all actions which may be identified as a material modification.) The District will pay all reasonable expenses of the Town, its attorneys and consultants, as well as the Towels reasonable processing fees, in connection with any request by the District for modification of this Service Plan or administrative approval by the Town of any request hereunder. The Town may require a deposit of such estimated costs. XVI. FAILURE TO COMPLY WITH SERVICE PLAN In the event it is determined that the District has undertaken any act or omission which violates the Service Plan or constitutes a material departure from the Service Plan, the Town may utilize the remedies set forth in the statutes to seek to enjoin the actions of the District, or may withhold issuance of any permit, authorization, acceptance or other administrative approval for the Saddleback development, or may pursue any other remedy available at law or in equity, including affirmative injunctive relief to require the District to act in accordance with the provisions of this Service Plan, The District shall pay any and all costs, including attorneys' fees, incurred by the Town in enforcing any provision of the Service Plan. To the extent permitted by law, the District hereby waives the provisions of § 32-1-207(3)(b), C.R.S., and agrees it will not rely on such provisions as a bar to the enforcement by the Town of any provisions of this Service Plan. 35 XVQ. RESOLUTION OF APPROVAL The Developer and other proponents of the proposed District agree to and shall incorporate the Board of Trustee's Resolution of Approval, including any conditions on such approval, into the Service Plan presented to the appropriate district court. Such resolution shall be attached as Exhibit O. XVM. SEVERABILITY If any portion of this Service Plan is held invalid or unenforceable for any reason by a court of competent jurisdiction, such portion shall be deemed severable and its invalidity or its unenforceability shall not cause the entire Service Plan to be terminated. Further, with respect to any portion so held invalid or unenforceable, the District and Town agree to pursue a Service Plan amendment or take such other actions as may be necessary to achieve to the greatest degree possible the intent of the affected portion. 36 XIX. CERTIFICATION This Service Plan is submitted to the Town by the undersigned Developer, which is the District petitioner, and with the consent of all property owners of all property within the boundaries of the proposed District. The undersigned will cause written notice of the Town's hearing on the proposed Service Plan to be duly given to all "interested parties" within the meaning of § 32-1-204, C.R.S., and will or has caused all other required filings to be made and all other applicable procedural requirements to be met. The information contained in this Service Plan is true and correct as of this date. SADDLEBACK MARKETING, L.L.C. A Colorado limited liability company Al Schnabel, Managing Member September 26, 2002 CERIIEICATE I, Judy Hegwood, do hereby certify that the above and foregoing is a true, correct and complete copy of a resolution adopted by the Board of Trustees of the Town of Firestone, Colorado, at a public meeting held on the 26th day of September, 2002. IN WITNESSWhHEREOF, I have hereunto set my hand and the seal of the Town of Firestone, Colorado, this 2e day of September, 2002. wn Cler >. l27f02&5I AM[sjl]F:1A[LcaSF orleWmoDistdaffinttooe7wilflAppiovalRaoh+iioa ti 4 RESOLUTION NO. ' 0 2 - 4 2 A RESOLUTION CONCERNING A PETITION FOR THE ANNEXATION OF PROPERTY TO THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE SADDLEBACK HILLS LAKE AND CONSERVANCY #3, LLC ANNEXATION TO THE TOWN OF FIRESTONE, AND FINDING THE AREA PROPOSED TO BE ANNEXED ELIGIBLE FOR ANNEXATION. WHEREAS, a petition for annexation of property described in Exhibit A attached hereto, to be known as the Saddleback Hills Lake and Conservancy #3, LLC Annexation to the Town of Firestone, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to state law, the Town Board has held a hearing and desires to adopt by Resolution its findings in regard to the petition and eligibility for annexation. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Town Board finds and concludes that: 1. It is desirable and necessary that the territory described in Exhibit A attached hereto and incorporated herein be annexed to the Town of Firestone. 2. The requirements of Sections 31-12-104 and 31-12-105; C.R.S., as amended, exist or have been met, including: a. Not less than one -sixth of the perimeter of the area proposed to be annexed is contiguous with the Town of Firestone. b. A community of interest exists between the area proposed to be annexed and the Town of Firestone. C. The area proposed to be annexed is urban or will be urbanized in the near future. d. The area proposed to be annexed is integrated with or is capable of being integrated with the Town of Firestone. No land within the boundary of the territory proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, has been divided into separate parts or parcels without the written consent of the landowner or landowners thereof, unless such tracts or parcels were separated by a dedicated street, road, or other public way. f No land within the boundary of the area proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, comprising twenty acres or more, and which, together with the buildings and improvements situated thereon, has an assessed value in excess of two hundred thousand dollars ($200,000.00) for ad valorem tax purposes for the year next preceding the annexation, has been included within the area proposed to be annexed without the written consent of the landowners. g. No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality. h. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. i. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the Town of Firestone more than three miles in any direction from any point of the boundary of the Town of Firestone in any one year. The territory proposed to be annexed is comprised of 160.398 acres, more or less. k. A plan is in place, pursuant to Section 31-12-105(1)(e), C.R.S. 1. Any portion of a platted street or alley to be annexed will result in the entire width of the street or alley having been included within and made a part of the Town of Firestone and reasonable access will not be denied to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the Town of Firestone but is not bounded on both sides by the Town of Firestone. 3. Four copies of an annexation map of the area proposed to be annexed have been submitted to the Town Board and are on file with the Town. 4. Upon the annexation ordinance becoming effective, all land within the area proposed to be annexed will become subject to all ordinances, resolutions, rules, and regulations of the Town of Firestone, except that general property taxes of the Town of Firestone, if applicable, shall become effective as of the January 1 next ensuing. 2 EXHIBIT A - LEGAL DESCRIPTION: A description of the SADDLEBACK HILLS LAKE & CONSERVANCY #3, LLC ANNEXATION located in the NWl/4 of Section 28 and the NE 1/4 of Section 29, all in T2N, R67W of the 6th P.M., Weld County, Colorado. For: BGZ Development, LLC. LEGAL DESCRIPTION A part of the NWl/4 of Section 28 and all of the NEIA of Section 29, all in T2N, R67W of the 6th P.M., County of Weld, State of Colorado, being more particularly described as follows: BEGINNING at the N1/4 Corner of said Section 29, from which the Northwest Corner of said Section 29 bears N89°30'23"W, 2628.73 feet (Basis of Bearing), thence S89°42'37"E, 2630.01 feet along the North Line of the NE 1 /4 of said Section 29 to the Northeast Corner of said Section 29; Thence N89°32'31"E, 30.00 feet along the North Line of the NW1/4 of said Section 28 to the Easterly Right-of-way Line of Weld County Road No. 17; Thence S00°05'42"W, 2634.11 feet along the Easterly Right-of-way Line of said Weld County Road No. 17 to the South Line of the NW1/4 of said section 28; Thence S89°36'15"W, 30.00 feet along the South Line of the NWl/4 of said Section 28 to the El/4 Corner of said Section 29; Thence N89°40'46"W, 2616.48 feet along the South Line of the NE 1 A of said Section 29 to the Cl/4 Comer of said Section 29; Thence N0091'58"W, 2632.75 feet along the West Line of the NE I A of said Section 29 to the N 1 /4 Corner of said Section 29 and the POINT OF BEGINNING. SUBJECT TO any Rights -of -way for Weld County Road No. 17 and Road No. 18. Area = 160.398 acres, more or less. (Area = 154.980 acres, more or less, excluding the Right-of- way for Weld County Road No. 17 and Road No. 18). IaroB = 5;27 PM [MI F:{CompanylFueitnoaunit l% dlebuk(Camenisdt).res.aoc 4 5. No election for annexation of the area proposed to be annexed has been held in the preceding twelve months, and no election is required under Section 31-12-107(2) or - 112, C.R.S. 6. No additional terms and conditions are to be imposed other than those set forth in the annexation petition or otherwise agreed to by all owners. 7. The landowners of one hundred percent (100%) of the areas proposed to be annexed signed the petition requesting annexation, in compliance with Article II, Section 30 of the Colorado Constitution and Section 31-12-107(1), C.R.S. Section 2. The Town Board concludes that all statutory requirements have been met, that the proposed annexation is proper under the laws of the State of Colorado and the area proposed to be annexed is eligible for annexation to the Town. The Town Board, acting in its legislative capacity and pursuant to authority granted to it by state law, may adopt one or more ordinances annexing the subject property to the Town of Firestone. INTRODUCED, READ, and ADOPTED this 1() day. of gp�pljp�r- , 2002. �''•tOWN S�Ati � 4 .Q ATTE ��0,��' �2�' '4L - Michael P. Simone Mayor RE SOLUTION NO. 0 2 - 4 3 SERIES 2002 A RESOLUTION SUPPORTING THE ST. VR.AIN VALLEY SCHOOL DISTRICT RE- 1J BOND ISSUE AT THE NOVEMBER 5, 2002 WELD COUNTY COORDINATED ELECTION. WHEREAS, many of the school -age children residing within the Town of Firestone attend St. Vrain Valley School District RE-1J; and WHEREAS, at the November 5, 2002 election, the St. Vrain Valley School District will be asking voters to approve a bond issue; and WHEREAS, the Board of Trustees finds that approval of this bond issue is necessary for the School District to provide adequate school facilities and educational opportunities to children in Firestone who attend District schools, and to children in the larger Tri-Town community; and WHEREAS, the Fair Campaign Practices Act, C.R.S. 1-45-117(1)(b), authorizes the Town=s adoption of a resolution and taking of a position of advocacy on any issue pending before the electorate. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Firestone Board of Trustees does hereby express its support of the bond issue as proposed by the St. Vrain Valley School District RE-1 J for the 2002 ballot, and urges its citizens to support the bond issue by voting AYes@ at the November 5, 2002 election. INTRODUCED, READ, and ADOPTED this to day of October , 2002. f-*.STONE ;'•'TOWN SEAL ••.: moo Attest: y He ad 67 Town Clerk largos I0--r =[tw6]F:1CompwrAFocswnsiRcs\WSDbon&uppm TOWN OF FIRESTONE, COLORADO *'�� 1"12 - Michael P. Simone Mayor RESOLUTION NO. 0 2 - 4 4 A RESOLUTION ADOPTING A NEW PERSONNEL POLICY MANUAL FOR THE TOWN OF FIRESTONE WHEREAS, the Town of Firestone has previously adopted personnel policies, which have been amended from time to time by resolution of the Board of Trustees; and WHEREAS, the Board of Trustees has undertaken an extensive review of the Town's personnel policies and finds it is in the best interest of the Town and its employees to adopt a new Personnel Policy Manual for the Town; and WHEREAS, the Board of Trustees finds that a new Personnel Policy Manual will better inform employees of Town personnel policies of general applicability, and that current and sound personnel policies are anessential part of recruiting and retaining excellent employees and extending high quality services to the public. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Town of Firestone, Colorado Personnel Policy Manual dated October 10, 2002, a copy of which is attached hereto, is hereby approved and adopted by the Board of Trustees. Section 2. This Resolution and the Personnel Policy Manual attached hereto shall take effect October 10, 2002. All employees of the Town shall be provided a copy of such Manual and shall sign an acknowledgment and receipt therefor. INTRODUCED, READ, and ADOPTED this 1 o th day of October , 2002. STOA, .:' TOWN r SEAL 1 aIARY. C�� ro .r.�id ClerkoLwn 1017l02 5:21 P"sjllF:%Of icelFircstanelResVcmnndPolieies.res TOWN OF FIREST E, COLORADO Michael P. Simone Mayor RESOLUTION NO. 0 2 - 4 5 SERIES 2002 A RESOLUTION SUPPORTING THE FREDERICK-FIRESTONE AREA FIRE PROTECTION DISTRICT BOND ISSUE AT THE NOVEMBER 5, 2002 WELD COUNTY COORDINATED ELECTION. WHEREAS, the Frederick -Firestone Area Fire Protection District serves much of the Town of Firestone; and WHEREAS, at the November 5, 2002 election, the Frederick -Firestone Area Fire Protection District will be asking voters to approve a bond issue; and WHEREAS, the Board of Trustees finds that approval of this bond issue will enhance the ability of the Frederick -Firestone Area Fire Protection District to provide fire protection services to those the District serves in Firestone; and WHEREAS, the Fair Campaign Practices Act, C.R.S. 145-117(1)(b), authorizes the Town=s adoption of a resolution and taking of a position of advocacy on any issue pending before the electorate. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Firestone Board of Trustees does hereby express its support of the bond issue as proposed by the Frederick -Firestone Area Fire Protection District for the 2002 ballot, and urges its citizens to support the bond issue by voting AYes@ at the November 5, 2002 election. INTRODUCED, READ, and ADOPTED this 10 day of October, 2002. ;ESTO/yi *TOWN*"*" SEAL Attes k L -1 Mw k �910 wA M" - • 10rM IV37= [t"1FACcoWmrAF TOWN OF FIRESTO OLORADO Michael P. Simone Mayor RESOLUTION NO. a 2 - 4 6 A RESOLUTION APPROVING AN INITIAL AGREEMENT AND AUTHORIZATION TO PROCEED BETWEEN THE TOWN AND TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC. WHEREAS, the Town and Tri-State Generation and Transmission Association, Inc. have been in discussions regarding the potential undergrounding of certain portions of Tri-State's I-25 Corridor H 5 kilovolt Transmission Line Project; and WHEREAS, in connection with such discussions, an Initial Agreement and Authorization to Proceed ("Agreement") has been proposed; and WHEREAS, by such proposed Agreement, the Town and Tri-State desire to formalize their agreement concerning a phased approach to consideration of potential undergrounding, the preparation of additional studies and plans for potential undergrounding, and related matters; and WHEREAS, the Board of Trustees finds that the proposed Agreement is in the best interest of the Town and its citizens, and that such proposed Agreement will facilitate the process of considering the potential undergrounding of portions of the transmission line project. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Sectenn 1 _ The proposed Initial Agreement and Authorization to Proceed between the Town and. Tri-State Generation and Transmission Association, Inc. (the "Agreement"), related to potential undergrounding of portions of Tri-State's I-25 Corridor 115 kilovolt Transmission Line Project, is hereby approved in essentially the same form as the copy of such Agreement accompanying this resolution. Sectinn 2_ The Mayor is hereby authorized to execute the Agreement, and is further authorized to negotiate and approve on behalf of the Town such revisions to the Agreement as the Mayor determines are necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Agreements are not altered. INTRODUCED, READ, and ADOPTED this 1 o day of October 72002. Mayor N. •YY � ' a" 10' M 1231 PM M F:4pfE'�oe1F� RESOLUTION NO. D 7�LI 7 A RESOLUTION APPROVING SPECIAL USE PERMITS FOR ENCANA ENERGY RESOURCES, INC. TO LOCATE SIX OIL AND GAS WELLS WITHIN THE TOWN OF FIRESTONE. WHEREAS, Encana Energy Resources, Inc. (hereinafter "Encana" or "Applicant") has submitted to the Board of Trustees of the Town of Firestone applications for special use permits to locate within the Town six oil and gas wells referred to as the proposed Wandell 11-7, Wandell 12-7, Wandell 13-7, Wandell 22-7, Wandell 33-7 and Wandell 43-7 wells; and WHEREAS, Encana has submitted the applications and supporting materials pursuant to Chapter 15.48 of the Firestone Municipal Code; and WHEREAS, all materials related to the requested special use pemvts have been reviewed by Town Staff and Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision, zoning, and oil & gas ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Planning and Zoning Commission has held a properly noticed public hearing on the requested special use permits, and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed special use permits, and has held a properly noticed public hearing on the applications; and WHEREAS, the Board of Trustees finds that the requested special use permits should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1, The Board of Trustees does hereby approve of the special use permit requests of Encana Energy Resources, Inc. for location of the Wandell 11-7, Wandell 12-7, Wandell 13-7, Wandell 22-7, Wandell 33-7 and Wandell 43-7 wells within the Town of Firestone, in the locations more particularly described in Exhibit A attached hereto, subject to the following conditions: 1. Revise exhibits to show the modified well locations as approved by Town Board. 2. Properly identify the Sagebrush Subdivision, the Planned Future School site and the Dollaghan Phase III property. 3. Add a note: The proposed access road shall be coordinated and integrated with the permanent paved roadways that access the planned school site and the planned Firestone Regional Park. For this purpose the final access road alignment shall be submitted to and approved by the Town Engineer. 4. In order to mitigate additional impacts of these wells on the park, locate the flow line to the separators along the Lot 1/Lot 2 property line until directly west of the separators, then east to the separators. The flow line shall circumscribe the noted "Excavated Area". 5. Note on the plan whether the separators and tank battery are existing or proposed. Note the distances from such facilities to the property line and the existing well to the north. 6. Provide dimension lines from Lot I/Lot 2 property line to westerly facility fine of both the tank battery and the most westerly well. 7. If other wells are using the separators and the tank battery shown, identify the location of the incoming flow lines on this plan. 8. Revise plans to show any existing improvements (structures) that are within the noted 660- foot line. 9. Revise plans to show all existing utility easements and other rights -of -way of record within a radius of six hundred sixty feet of the proposed well and existing irrigation or drainage ditches within four hundred feet of the well site or production site, if any. 10. Identify the location of the access roads to the separator and tank battery areas. 11. Confirm with a note on the plan that the well facility location information submitted conforms with Commission Form 2. 12. Add a note on the plan that identifies the Parcel Tax Identification Number. 13. Add a title block and associated information. 14. Add the location of all existing water bodies and watercourses, including direction of water flow with a physically defined channel within a four -hundred -foot radius of the proposed well, if any. 2 15. Add location of existing oil and gas wells as reflected in OGCC records within a one - thousand -foot radius of the proposed location of the well. 16. Prior to the commencement of drilling activity, obtain Town Engineer final approval of the drainage and erosion control plans for the well site, production site and the area immediately adjacent to such sites. Revise the Drainage and Erosion Control Plan to address any expansion to the separator and tank battery areas; such revisions shall be reviewed and approved by the Town Engineer prior to the commencement of drilling activity. 17. Prior to commencement of drilling activity, provide written confirmation that the fire protection plan is mutually acceptable to the operator and the fire district. 18. Map sheets should be labeled 1 through 4, not 2 sets of 2 sheets. 19. In the platted area of Sagebrush note the "dirt access road" as "old dirt access road" and describe how access will function before and after the development of Sagebrush. 20. With respect to the access road running north to Firestone Boulevard from the production facilities, delete "permanent" from notation of access road and provide a note stating such road may be relocated at time of development of Con Industrial retained parcel. A relocation of such portion of access road may be authorized under this permit upon review and approval by the Town Administrator. 21. Delete references to Well Nos. 31-7, 41-7 and 42-7 as 22. Applicant shall install a temporary berm on the southwest portion of the drilling area to assist in mitigating noise during drilling. 23. The drill rig used for drilling operations shall be of the type and style presented to and approved by the Town Board (Model CAZA-54). 24. The production facilities, as developed or modified, shall be of a low profile style, with a maximum height not to exceed twelve (12) feet. 25. The Town's special use approval shall expire on the date of expiration of the Oil and Gas Conservation Commission Permit to drill the well or one year from the date of Town 3 approval, whichever is later, if operations for the well are not commenced by such date. In the event special use approval expires, the Applicant shall apply for a new special use permit pursuant to Chapter 15.48 of the Firestone Town Code. 26. Oil and gas operations shall be conducted in compliance with all federal, state, and local laws, rules and regulations, including but not limited to the Colorado Oil and Gas Conservation Commission permit for such well and the final special use permit application materials approved by the Town Board, which materials will be incorporated therein by reference. Applicant shall provide to the Town copies of all state approved permits and subsequent notices filed with the state and affecting the well. 27. Prior to entering the site, Applicant shall obtain from the Town necessary building permits and notices to proceed. 28. Prior to moving the drilling rig onto the well site, Applicant shall obtain from the Town and Weld County necessary permits to move the drilling rig equipment within the Town and County. 29. Applicant shall provide to the Town copies of any executed surface damage agreements or memoranda thereof respecting operation of the well. 30. In the exercise of its rights pursuant to this special use approval, Applicant shall avoid any damage or interference with any Town installations, structures, utilities, or improvements. Applicant shall be responsible for all damages to such interests of the Town that are caused by the Applicant. 31. Applicant at its sole expense shall control fugitive dust at the well site and on access roads on an as -needed basis. Methods and chemicals used for dust control shall comply with Town ordinances and regulations. 32. The oil/gas well facilities shall utilize setbacks as specified in the Colorado Oil and Gas Conservation Commission Rules and Regulations or the Firestone Town Code, whichever is more restrictive. 33. The well site and tank battery and separator areas shall be secured and screened by chain link fencing with "solid" tan aluminum or vinyl lathing. 34. Water sources for drilling activities shall be from the Town of Firestone, if a water tap is utilized. 35. Machinery at the site shall be well-oiled and well -maintained to mitigate noise. 4 36. To the extent reasonably possible, orient the drill rig and associated motors and exhaust systems such that they point away from existing residences in the vicinity. 37. Drill rigs shall, to the extent reasonably possible, be equipped with higher quality noise reducing mufflers. 38. During drilling, use a tarp around drilling floor and drawworks to muffle sound. 39. Deliveries and construction traffic to and from the site shall, whenever possible, be scheduled during daylight hours. 40. To the extent reasonably possible, keep the door to the drill rig engine closed. 41. Revise plans to conform to redline comments of the Town Engineer. 42. Add revision date(s) to all resubmitted plans. 43. The use of pump jacks shall be limited to those running on electric motors. PASSED AND ADOPTED this 1 y day of n00f m hPr- , 2002. Michael P. Simone Mayor 5 EXHIBIT A: Well Locations The approximate location of the Wandell 11-7, Wandell 12-7, Wandell 13-7, and Wandell 22-7 wells is '/2 mile south and 'Amile east of the intersection of Firestone Boulevard (Road 24) and Colorado Boulevard (Road 13), and the legal description for these four well locations is TOWNSHIP 2 NORTH, RANGE 67 WEST 6' P.M., SECTION 7: S W/4NW/4. The approximate location of the Wandell 33-7 and Wandell 43-7 wells is '/z mile south and %2 mile west of the intersection of Firestone Boulevard (Road 24) and Frontier Street (Road 15), and the legal description for these two wells is TOWNSHIP 2 NORTH, RANGE 67 WEST 6' P.M., SECTION 7: SW/4NE/4. The particular locations of the wells as approved by this Resolution are as set forth on the map attached hereto as Exhibit A-1 and incorporated herein by reference. No well location may be adjusted more than ten feet from the location shown on Exhibit A-1 unless first approved by resolution of the Town Board of Trustees. 1 I/1= 8:24 AM{sj1) FACompanyWucstoneZubdMELicaneWdJI 1-7eW.Boird.res (final) 6 RESOLUTION NO oz _4/ 7 TOWN OF FIRESTONE, COLORADO RESOLUTION TO ADOPT BUDGET A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES FOR EACH FUND AND ADOPTING A BUDGET FOR THE TOWN OF FIRESTONE, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2003 AND ENDING ON THE LAST DAY OF DECEMBER, 2003. WHEREAS, the Board of Trustees of the Town of Firestone has directed Cheri Andersen, Town Administrator, to prepare and submit a proposed budget to said governing body at the proper time, and; WHEREAS, Cheri Andersen, Town Administrator, has submitted a proposed budget to this governing body on December, 12, 2002 for its consideration, and; WHEREAS, upon due and proper notice, published or posted in accordance with the law, said proposed budget was open for inspection by the public at a designated place, and interested taxpayers were given the opportunity to file or register any objections to said proposed budget, and; WHEREAS, in accordance with the amendment ("Amendment 1") adding Article X, Section 20 to the Colorado Constitution, approved by the voters on November 3, 1992, an "Amendment One Emergency reserve" is included in the budget in a total amount estimated to equal three percent (3%) of the Town's fiscal year spending excluding bonded debt service, the final amount to be calculated during 2002 when necessary final information is available to the Town, and; WHEREAS, whatever increases may have been made in expenditures, like increase were added to the revenues, keeping both within the revenue and spending limitations required by Article X, Section 20 ("Amendment 1"), so that the budget remains in balance as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That the budget as submitted, amended, and as attached to this resolution, be, and the same hereby is approved and adopted as the budget of the Town of Firestone for the year stated above. Section 2. That the budget hereby approved and adopted shall be signed by the Mayor and made a part of the public records of the Town. ADOPTED THIS TWELFTH DAY OF DECEMBER, 2003- A Tov�jeClerk By: -1 ttjL--"�� Mike Simone, Mayor RESOLUTION NO 0.2-4-/ TOWN OF FIRESTONE, COLORADO RESOLUTION TO SET MILL LEVIES A RESOLUTION LEVYING GENERAL PROPERTY TAXES FOR THE YEAR 2003, TO HELP DEFRAY COSTS OF GOVERNMENT FOR THE TOWN OF FIRESTONE, COLORADO, FOR THE 2003 BUDGET YEAR. WHEREAS, the board of Trustees must certify the mill levy for the 2003 budget year by December 15, 2002, and, WHEREAS, the 2002 valuation for assessment for the Town of Firestone, as certified by the County Assessor, is $47,233,930. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That for the purpose of meeting all general operating expenses of the Town of Firestone during the 2003 budget year, there is hereby levied a tax of 6.209 mills upon each dollar of the total valuation for assessment of all taxable property within the Town for the year 2002. Section 2. That the Town Clerk is hereby authorized and directed to immediately certify to the County Commissioners of Weld County, Colorado, the mill levies for the Town of Firestone as hereinabove determined and set. ADOPTED, this Twelfth day of December, 2002. `�SoNE 4.. � �O� N TIPEST: •• • o��q dv Hamkood7b4n Clerk By: �_Yvft" Mike Simone, Mayor