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HomeMy WebLinkAboutJUNE 2010 - DEC 2011Resolutions For the Town of Firestone lOm3l - 11=42 June 17, 2010 - Dec. 14, 2011 I Res. # 11-01 11-01 11-02 11-03 11-04 RESOLUTIONS 2011 Description Date Adopted Requiring a Finding of Adequate Water Supply for New 1/812009 Developments in Accordance with HB 08-1141 and Amending Section 14.19 of the Firestone Development Regulations to Require Such a Finding Designating the Place for Posting Notices as the Firestone Town Hall Elimination of the Director of Operations Position and.the Delegation of all Prior Duties of the Director of Operations.to the Town Manager. Legislative Findings Determine an area within the Town to be a Blighted Area and appropriate inclusion in an Urban Renewal Project Making Legislative Findings and approving the Urban Renewal Plan for the Southern Firestone Urban Renewal Area 11-05 Tax Increment Expenditure 11-06 Supporting Regional Trails Coordination and Planning Within WC 11-07 Amend 2010 Budget 11-08 To Amend Development Regulation to permit childcare homes 11-09 DRCOG Appointment 11-10 Firestone/Longmont IGA 11-11 Crabtree Amusement License 11-12 Meeting Dates and Times 11-13 Approving Building Department Service between Firestone and Safebuilt 11-14 Establishing Building Permit Fees 11-15 Appointing Directors to Fill Vacancies on the Board of Directors of The Greens Metro District 11-16 Business License Fees for Transient Merchants 11-17 Onorato Park Grant 11-18 Sports Complex Grant 11-19 Flatiron Substantial Compliance for Annexation 11-20 Turner Commons Substantial Compliance 11-21 Kerr McGee Oil and Gas Wells r 11-22 Flatiron Eligible for Annexation 11-23 Flatiron Approving An Overall Development Plan 11-24 Amending the Firestone Development Regulations Concerning Final Document Preparation, Review, Recording, and Processing 11-25 Amending Sex Offender Registration Fees 11-26 Concerning the Membership, Goals and Responsibilities of the Town of Firestone Finance Committee 1114/2010 1/14/2010 1 /28/2010 1/28/2010 1/28/2010 3124111 4114111 5112111 5112/11 619111 6/30111 6/30/11 7/14/11 7114111 7128/11 8/24/11 8/24/11 8/24/11 8124111 8/24/11 9/28111 9/28/11 9/28111 9128/11 9/28/11 9/28/11 RESOLUTION NO. 10-31 A RESOLUTION APPROVING AND ADOPTING AMENDED FIRESTONE DEVELOPMENT REGULATIONS FOR DEVELOPMENT PROJECTS WITHIN THE TOWN OF FIRESTONE WHEREAS, C.R.S. § 31-23-214 authorizes the Town to adopt regulations governing the subdivision of land within the Town's jurisdiction; and WHEREAS, C.R.S. § 31-23-301 et SeMc . authorizes the Town to establish zoning districts and adopt zoning regulations; and WHEREAS, C.R.S. § 24-67-101 et seq. 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 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 amended Firestone Development Regulations, which amended Regulations are intended to replace all previously adopted and published versions of the Firestone Development Regulations, and any amendments thereto; and WHEREAS, the 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 amended Firestone Development Regulations have been provided; and WHEREAS, the Firestone Planning Commission, after notice and hearing, has recommended the Town Board adopt the 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, version dated June 2010, which regulations shall be known and referred to as the Firestone Development Regulations. A copy of such June 2010 version of the Firestone Development Regulations accompanies this Resolution and shall be placed in the Town permanent file together with a copy of this Resolution. 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, as of the effective date of this Resolution, all previously adopted and published versions of the Firestone Development Regulations, and any 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 17th day of June, 2010. TOWN OF FIRESTONE, COLORADO PX � S- - �)�' � — Paul Sorensen, Mayor Pro Tem. ATTEST: ' C.� Hegw d, Town Cler Ob/1712010 3:52 PM [mac] s:lFirestaaelResolutianlevelopment Regulations (2Q10).doc 2 RESOLUTION NO. 10- 32 A RESOLUTION AMENDING THE 2009 BUDGET BY INCREASING THE APPROPRIATIONS IN THE GENERAL FUND. WHEREAS, the Board of Trustees of the Town of Firestone on December 11, 2008 adopted a budget for the 2009 calendar year per Resolution 08-081, pursuant to and in accordance with the Local Government Budget Law; and WHEREAS, the Town has received additional revenues not anticipated at the time of adopting of the 2009 budget; and WHEREAS, based on the foregoing, a need exists to appropriate additional sums of money in the General Fund; and WHEREAS, the Board of Trustees has published notice of and held a hearing upon the supplemental appropriations and amendments to -the 2009 budget authorized by this Resolution; and WHEREAS, the amended 2009 budget, as revised by this Resolution, 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 2009 General Fund appropriation is hereby increased by $245,330.00, such expenditures ccrresponding to the recording of the reduction of the amounts due_ under the Public Improvements Reimbursement Agreement and the Retail Infrastructure Funding Agreement. The distribution of the supplemental appropriation is as follows: Revenues Sales Taxes Account # 1000-314005 Amount $245,33'0.00 Expenditures Account # Amount Debt Service .1000-490000-650 $ 68,921.00 Transfer to Water Fund 1000-521000-820 $176,409.00 INTRODUCED, READ AND ADOPTED this 17th day of June, 2010. ATTEST: c4"-y_' / 64v-'� y Heqfood, Town C Ue O O STONE, COLORADO Paul Sorensen, Mayor Pro Tern �, 9770� 70yyN•••- m =• o I "r 1 RESOLUTION NO. 10-33 A RESOLUTION APPROVING AN AMUSEMENT LICENSE FOR SHUBERT SHOWS, INC. TO OPERATE A CARNIVAL ON LOT 3 OF THE FIRESTONE SAFEWAY SUBDIVISION FROM JL:LY 2 TO 4, 2010 WHEREAS, the Board of Trustees has received an application for an amusement license from Shubert Shows, Inc. requesting approval to operate a carnival on Lot 3 of the Firestone Safeway Subdivision from July 2 to 4, 2010; and WHEREAS, Town staff has reviewed the application, and found that, with conditions, it complies with Chapter 5.12 of the Firestone Municipal Code; and WHEREAS, the Board of Trustees finds that the amusement license 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 an amusement license for Shubert Shows, Inc. to operate a carnival on Lot 3 of the Firestone Safeway Subdivision (the "Property") from July 2 to 4, 2010, subject to the terms and condition set forth below: A. The hours of operation of the carnival shall be as follows: a. Friday, July 2 from 5:00 p.m. to 10:00 p.m. b. Saturday, July 3 from 10:00 a.m. to 10:00 p.m. C. Sunday, July 4 from 10 a.m. to 10:00 p.m. except for a break in operations from approximately 15 minutes before until the end of the veterans ceremony on July 4. B. The site shall be kept in a clean and sanitary condition, free from all junk, litter and debris, at all times and shall be returned to its original condition no later than July 7, 2010. Operator at its expense shall provide sufficient trash and restroom facilities on site. C. Any and all lighting to be placed upon the Property shall be non -intrusive so as not to constitute a nuisance to any neighboring properties. No lighting may be maintained outside of the hours of operation. D. Have the Amusement License Application notarized. E. Name the Town's officers as additional insureds of the insurance policy. F. Provide an answer to Question 15 of the Amusement License Application to include a description of any construction, substantial repair, or alteration made in the previous 12 months. If the question does not apply, write NIA. G. Submit a traffic control plan approved by the Chief of Police. H. Amend the site plan to describe how the perimeter of the site will be barricaded or defined and to include the dimensions of the points of entry and exit. If fencing will be used, describe in detail the kind of fencing that will be used. The final plan for barricades and fencing is subject to approval by Town Staff. I. Submit written approval by the Frederick -Firestone Area Fire Protection District of the site plan and emergency access provisions, and submit to any site inspections required by the Fire Protection District. J. Submit a certificate showing that each tent or temporary stand has been flame -treated, within one year, by a recognized flame-retardant product, and that fire extinguishers contain necessary certification tags. K. Attach a copy of any report of any inspection made of the carnival or amusement rides or devices in the previous twelve months, and a copy of such report of any inspection to be conducted within the next preceding thirty days. L. Submit details regarding. the provision of uniformed, trained security personnel (if any). The applicant agrees to provide security personnel reasonably required by Town Staff. M. Submit an application for a building permit to the Town's Building Department and submit to a site inspection by the Town Building Department. N. The Town shall have the right to enter into the Property at any time during the term of this Agreement for any purpose of the Town. O. The applicant agrees to indemnify and hold harmless the Town and its officers, agents, and employees from and against all liability, claims, damages, losses, and expenses, including but not limited to, attorneys' fees arising out of, resulting from, or in any way connected with, the applicant's operation of its carnival and other activities on the Property, or with this Resolution or the right and obligations of the applicant hereunder. P. Overnight stay on the property is subject to the following requirements: a. Overnight stay facilities are limited to enclosed vehicles or structures; no tent or open camping is permitted. No camp fires are permitted. b. Overnight stay is allowed only for safety, security and operational personnel of the operator, and limited to a maximum of 20 persons. 2 C. Restroom facilities shall be available overnight by either restroom facilities within RVsltrailers or port -a -lets in the immediate vicinity of the sleeping area. Q. Provide current registration with Division of Oil and Public Safety. R. The Amusement provider and associates must comply with all applicable Town Ordinances and regulations INTRODUCED, READ, and ADOPTED this 17th day of June, 2010. ATTEST: c+� Jud egwo , Town Clerk. 0 M T7kT<�- NE, COLORADO Paul Sorensen, Mayor Pro Tern TOWN SEA ' °o RESOLUTION NO. 10-3 T A RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN FOR INLINE SHOPS @ FIRESTONE CITY CENTRE 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 Inline Shops @ Firestone City Centre; 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 application, 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 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 does hereby approve the proposed final development plan for Inline Shops @ Firestone City Centre, subject to the conditions set forth on Exhibit A, attached hereto and incorporated herein by reference. INTRODUCED, READ AND ADOPTED this Bch day of July, 2010. ATTEST: 7c--� V u y He ' od own Clerk TOWN OF FIRESTONE, COLORADO C1z.) / 1'6-� Chad Auer Mayor E 4�f 0�.�•�006- t O 1 EXHIBIT A Final Development Plan Conditions of Approval Inline Shops @ Firestone City Centre General 1. Provide a Statement of Authority authorizing Firestone Investors, L.L,C. to sign the FDP on behalf of the property owner THE Firestone Development, L.L.C. 2. The final plat for Firestone City Centre Filing No. 3 must be recorded prior to recording this FDP. 3. Clarify in the text and on the drawings that there is drive-thru capability for both buildings. 4. Revise documents as directed by, and otherwise address all outstanding comments from, the Town Engineer. 5. Revise photometric plan to correct location of trash enclosure. 74/2010 9:55 AM [kmk) S 1FirestoncVSubdivisiom\Firestone City Centre ]mine Shops FDP,TB res.doc 0) RESOLUTION NO. 10-_J_S A RESOLUTION APPROVING SPECIAL USE PERMITS FOR ENCANA OIL & GAS (USA), INC., TO LOCATE TWO OIL AND GAS WELLS WITHIN THE TOWN OF FIRESTONE WHEREAS, EnCana Oil & Gas (USA) Inc. (hereinafter "EnCana" or "Applicant") has submitted an application and supporting materials pursuant to Chapter 15.48 of the Firestone Municipal Code for special use permits to locate within the Town two oil and gas wells referred to as the proposed McCoy 0-6-5 and 2-8-5 Wells; and WHEREAS, all materials related to the requested special use permits 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, pursuant to Chapter 17.32 of the Firestone Municipal Code, the Firestone Planning and Zoning Commission held a properly noticed public hearing on the proposed special use permits and adopted its Resolution No. PC-10-09 forwarding 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 and has held a properly noticed public hearing on the application, at which hearing the applicant and other interested persons presented testimony to the Board and at which a number of documents were made a part of the record; and WHEREAS, the Board of Trustees finds that the proposed special use permits for the oil and gas 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 requests of EnCana Oil & Gas (USA), Inc. for location of the McCoy 0-6-5 and 2-8-5 Wells within the Town of Firestone, in the location more particularly described in Exhibit A attached hereto, subject to the following conditions: I. 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 1 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. 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, waivers, variances 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 commencement of any work within the Town, Applicant, including contractors and subcontractors, shall obtain necessary Contractor's Licenses from the Town. 6. 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. Specifically an Overweight Permit from the Town is required for moving the drilling rig shall be obtained. 7. Applicant shall provide to the Town copies of any executed surface damage agreements or memoranda thereof respecting operation of the well. 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. 9. 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. 10. 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. 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 using the Town's standard fence and screening detail. . 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 system3 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. The use of pump jacks shall be limited to those running on electric motors. 19. The dr=fling rig used for drilling operations shall be Model CAZA-54 or equivalent type of drill rig. 20. A grav;,l apron shall be placed at the Frontier Street access point. 21. Correct the label in Exhibit V-Proposed Site Development Plan for the 0-6-5 well. INTRODUCED, READ, AND ADOPTED this 22°d day of July, 2010. TOWN OF FIRESTONE, .COLORADO e�-1 �. Chad Auer Mayor ATTEST: y He od G�'O� Town Clerk 7I2212010 8:52 AM In=: S:1Fi caone\Subdivisiom Encana2 McCoy Wells ('10)7WresAoc 3 EXHIBIT A: Location of Wells Proposed McCoy 0-6-5 and 2-8-5 EnCana Oil and Gas (USA) Inc. A Parcel of land being the Southwest Quarter of Section 5: except the South 790 feet of the East 312 feet, Township 2 North, Range 67 West of the 6tn P.M., Town of Firestone, County of Weld, State of Colorado, being more particularly described as follows: Beginning at the Southwest corner of said Southwest quarter whence the Southwest corner of the Northwest quarter of Section 8, Township 2 North, Range 67 West bears South 00°00'00" West 2659.46 feet, said line forming the basis of bearings for this description; thence North 00°00' 14" West 2649.92 feet to the Northwest corner of said Southwest quarter; thence North 89°23'55" East 2680.42 feet to the Northeast corner of said Southwest quarter; thence along the East line of said Southwest quarter, South 0091' 14" East 1848.62 feet; thence along a line 790 feet Northerly from and parallel with the South line of said Southwest quarter, South 89°09'38" West312.02 feet; thence along a line 312 feet Westerly from and parallel with the East line of said Southwest quarter, South 009 1'14" East 790.05 feet to a point on the South line of said Southwest quarter; thence along said South line, South 89°09'38" West 2376.98 feet to the true point of beginning, County of Weld, State of Colorado. 4 RESOLUTION NO. 10- 36 A RESOLUTION APPROVING SPECIAL USE PERMITS FOR KERR-MCGEE OIL & GAS ONSHORE LP TO LOCATE FIVE OIL AND GAS WELLS WITHIN THE TOWN OF FIRESTONE WHEREAS, Kerr-McGee Oil & Gas Onshore LP, an Anadarko Company, (hereinafter "Kerr-McGee" or "Applicant") has submitted an application and supporting materials pursuant to Chapter 15.48 of the Firestone Municipal Code for special use permits to locate within the Town five oil and gas wells referred to as the proposed Varra 20-32, 37-32, 39-32, 24-32 and 41-32 Wells; and WHEREAS, all materials related to the requested special use permits 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, pursuant to Chapter 17.32 of the Firestone Municipal Code, the Firestone Planning and Zoning Commission held a properly noticed public hearing on the proposed special use permits and adopted its Resolution No. PC-10-10 forwarding 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 and has held a properly noticed public hearing on the application, at which hearing the applicant and other interested persons presented testimony to the Board and at which a number of documents were made a part of the record; and WHEREAS, the Board of Trustees finds that the proposed special use permits for the oil and gas 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 hereby approves the special use permit requests of Kerr-McGee Oil & Gas Onshore LP, an Anadarko Company, for the location of the Varra 20-32, 37-32, 39-32, 24-32 and 41-32 Wells within the Town of Firestone, in the location more particularly described in Exhibit A attached 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 except that the tank batteries shall not exceed a maximum height of fifteen (15) 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 referer_ce. Applicant shall provide to the Town copies of all state approved permits, waivers, variances 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 commencement of any work within the Town, Applicant, including contractors and subcontractors, shall obtain necessary Contractor's Licenses from the Town. b. 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. Specifically an Overweight Permit from the Town is required for moving the drilling rig shall be obtained. 7. Applicant shall provide to the Town copies of any executed surface damage agreements or memo.-randa thereof respecting operation of the well. S. 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. 9. 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. 14. 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. 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 using the Town's standard fence and screening detail 11. Water sources for drilling activities shall be from the Town of Firestone, if a water tap is utilized. 2 12. Machi-eery 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 systerns 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. The use of pump jacks shall be limited to those running on electric motors. 19. The drilling rig used for drilling operations shall be Model CAZA-54 or equivalent type of drill rig. 20. Place a gravel apron at the Zinnia Avenue and the existing Weld County Road 17 access points. INTRODUCED, READ, AND ADOPTED this 22" d day of July, 2010. TOWN OF FIRESTONE, COLORADO cl - ) / - Chad Auer Mayor ATTEST: F\RES7 J He od f• ' 6 •b Town Clerk m ! t o 7/22/2010 8:52 AM [mac)'S:1Fi csto=dSubdivisions�Kar M:Gee 5 Vann Wells ('10).TB.r doc ©'• r•0�.T G7vrY..c� 3 EXHIBIT A: Location of Wells Varra 20-32, 37-32, 39-32, 24-32 and 41-32 Wells Kerr-McGee Oil & Gas Onshore LP, an Anadarko Company DESCRIPTION OF HEINTZELMAN ANNEXATION NO. 1 TO THE TOWN OF FIRESTONE A PORTION OF LOT B OF RECORDED EXEMPTION NO. 1209-32-1-RE524, RECORDED DECEMBER 15, 1981 IN BOOK 955 AS RECEPTION NO. 1877097, BEING A PART OF THE EAST 112 OF THE EAST 112 OF SECTION 32, TOWNSHIP 3 NORTH, RANGE 67 WEST OF THE 6TH P.M., EXCEPTING THEREFROM A PARCEL OF LAND CONVEYED TO THE BOULDER AND WELD RESERVOIR COMPANY BY DEED RECORDED JUNE 2, 1904 IN BOOK 218 AT PAGE 29, COUNTY OF WELD, STATE OF COLORADO. MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE SOUTH LINE OF THE EAST 112 OF SAID SECTION 32 TO BEAR NORTH 89°41'37" WEST, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; COMMENCING AT THE SOUTHEAST CORNER OF THE EAST 112 OF SAID SECTION 32; THENCE NORTH 00°24'19" WEST, COINCIDENT WITH THE EAST LINE OF THE SOUTHEAST 114 OF SAID SECTION 32, A DISTANCE OF 30.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26 AND THE TRUE POINT OF BEGINNING; THENCE NORTH 89°41'37 WEST, COINCIDENT WITH THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26, A DISTANCE OF 1285.44 FEET TO THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 17; THENCE NORTH 00°43'43" WEST, COINCIDENT WITH THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 17, A DISTANCE OF 1595.43 FEET TO THE SOUTH LINE OF THAT PROPERTY DESCRIBED 1N SAID BOOK 218, AT PAGE 29; THENCE COINCIDENT WITH THE SOUTH LINE OF THAT PROPERTY DESCRIBED IN SAID BOOK 218 AT PAGE 29 THE FOLLOWING THREE (3) COURSES AND DISTANCES: 1) NORTH 74-49-43" EAST, A DISTANCE OF 1261.88 FEET; 2) NORTH 55-11-43" EAST, A DISTANCE OF 67.11 FEET; 3) NORTH 26-24-53" EAST, A DISTANCE OF 41.59 FEET TO THE EAST LINE OF THE SOUTHEAST 114 OF SAID SECTION 32; THENCE SOUTH 00°24'19" EAST, COINCIDENT WITH THE EAST LINE OF THE SOUTHEAST 114 OF SAID SECTION 32, A DISTANCE OF 2008.03 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 52.57 ACRES OR 2,289,949 SQUARE FEET, MORE OR LESS. Together with DESCRIPTION OF HEINTZELMAN PIT ANNEXATION NO. 3 TO THE TOWN OF FIRESTONE A PORTION OF LOT B OF RECORDED EXEMPTION NO. 1209-32-1-RE524, RECORDED DECEMBER 15, 1981 IN BOOK 955 AS RECEPTION NO. 1877097, BEING A PART OF THE EAST 112 OF THE EAST 112 OF SECTION 32, TOWNSHIP 3 NORTH, RANGE 67 WEST OF THE 6TH P.M., EXCEPTING THEREFROM A PARCEL OF LAND CONVEYED TO THE BOULDER AND WELD m RESERVOIR COMPANY BY DEED RECORDED JUNE 2, 1904 IN BOOK 218 AT PAGE 29, COUNTY OF WELD, STATE OF COLORADO. MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE SOUTH LINE OF THE EAST 112 OF SAID SECTION 32 TO BEAR NORTH 89°41'37" WEST, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; COMMENCING AT THE NORTHEAST CORNER OF THE EAST 112 OF SAID SECTION 32; THENCE SOUTH 00°35'14" EAST, COINCIDENT WITH THE EAST LINE OF THE NORTHEAST 114 OF SAID SECTION 32, A DISTANCE OF 30.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 28 AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 00°35'14" EAST, COINCIDENT WITH THE EAST LINE OF THE NORTHEAST 114 OF SAID SECTION 32, A DISTANCE OF 936.91 FEET; THENCE SOUTH 26'01'17" WEST, A DISTANCE OF 2897.32 FEET TO THE EAST RIGHT-OF- WAY LINE OF WELD COUNTY ROAD 17; THENCE NORTH 00°43'43" WEST, COINCIDENT WITH THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 17, A DISTANCE OF 2511.59 FEET TO THE SOUTH LINE OF LOT A OF SAID RE-524; THENCE NORTH 89*1617" EAST, COINCIDENT WITH THE SOUTH LINE OF LOT A OF SAID RE-524, A DISTANCE OF 220.00 FEET TO THE SOUTHEAST CORNER OF LOT A OF SAID RE-524; THENCE NORTH 00043'43" WEST, COINCIDENT WITH THE EAST LINE OF LOT A OF SAID RE-524 AND PARALLEL WITH THE WEST LINE OF THE EAST 112 OF THE EAST Y2 OF SAID SECTION 32, A DISTANCE OF 413.15 FEET TO THE NORTHEAST CORNER OF LOT A OF SAID RE-524; THENCE SOUTH 89016'17" WEST, COINCIDENT WITH THE NORTH LINE OF LOT A OF SAID RE-524, A DISTANCE OF 220.00 FEET TO THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 17; THENCE NORTH 00043'43" WEST, COINCIDENT WITH THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 17, A DISTANCE OF 617.61 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 28; THENCE SOUTH 89°55'50" EAST, COINCIDENT WITH THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 28, A DISTANCE OF 1306.52 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 64.99 ACRES OR 2,830,964 SQUARE FEET, MORE OR LESS. RESOLUTION NO. I () - -- � A RESOLUTION APPROVING AN AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE TOWN OF FIRESTONE AND FELSBURG HOLT & ULLEVIG,-INC. WHEREAS, the Town if Firestone, City of Dacono and Town of Frederick entered into an Intergovernmental Agreement ("IGA") for Sharing of Costs of the Carbon Valley Transit Feasibility Study ("Study"); and WHEREAS, the IGA makes the Town of Firestone responsible for all contracting matters related to execution of the Study; and WHEREAS, an agreement has been proposed between the Town of Firestone and Felsburg Holt & Ullevig, Inc. for Felsburg Holt & Ullevig Inc. to perform services as part of the Study in accordance with the terms set forth in the agreement attached hereto;. and WHEREAS, the Board of Trustees has reviewed such agreement, finds its terms acceptable, and desires to approve such agreement and authorize its execution; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The proposed Agreement for Professional Services ("Agreement") between the Town of Firestone and Felsburg Holt & Ullevig, Inc. for conduct of services for the Carbon Valley Transit Feasibility Study is hereby approved in essentially the same form as the copy of such Agreement accompanying this resolution. Section 2. The Mayor and Town Clerk are hereby authorized to execute the Agreement on behalf of the Town, except that Mayor and Town Manager, or either of them, is hereby further granted the authority to negotiate and approve on behalf of the Town such revisions to the Agreement as are determined necessary or desirable for the protection of the Town, so lo-ng as the essential terms and conditions of the Agreement are not altered. Section 3. The Town Manager 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 Agreement and to execute and deliver any and all documents necessary to effect the Town's performance of the Agreement under the terms and conditions thereof. INTRODUCED, READ, and ADOPTED this z Po day of , 2010. TOWN OF FIRESTONE, COLORADO e . Chad Auer Mayor 1 ATTEST: u Hegw d own Clerk RESOLUTION NO. 10-38 A RESOLUTION DELEGATING AUTHORITY TO THE SECRETARY OF THE LOCAL LICENSING AUTHORITY TO WAIVE THE REQUIREMENT THAT APPLICATIONS FOR SPECIAL EVENT PERMITS BE SUBMITTED TO THE LOCAL LICENSING AUTHORITY NOT LESS THAN THIRTY DAYS PRIOR TO A SPECIAL EVENT AND CREATING GUIDELINES FOR SUCH WAIVERS WHEREAS, the Board of Trustees as the Town of Firestone Local Licensing Authority is responsible for approving or denying applications for special event permits; and WHEREAS, pursuant to Colorado Liquor Regulation 47-1018.C, an application for a special event permit must be submitted to the Local Licensing Authority not less than thirty days prior to the date of the special event; and WHEREAS, Colorado Liquor Regulation 47-1018.G authorizes a local licensing authority to waive the thirty -day submittal requirement for "good cause shown," though such phrase is not further defined in the regulation; and WHEREAS, pursuant to C.R.S. § 12-48-107(4), a local licensing authority "may assign all or any portion of its functions" pertaining to the issuance of special event permits to an administrative officer; and WHEREAS, the Board of Trustees desires to delegate authority to the Local Licensing Authority secretary to waive for good cause shown the thirty -day submittal requirement based on the criteria listed in this resolution; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE: Section 1. There is hereby delegated to the secretary of the Local Licensing Authority the authority to waive for good cause shown, subject to the conditions in Section 2 of this resolution, the requirement in Colorado Liquor Regulation 47-1018.0 that an application for a special event permit must be submitted to the Authority not less than thirty days prior to the date of the special event. Section 2. The secretary may waive the thirty -day requirement for submittal of applications for special event permits for good cause shown if the following conditions are met: (1) the failure to submit the application in a timely manner was inadvertent; (2) the application is submitted at least 15 days in advance of the special event; (3) the Town will be able to post the public notice required by C.R.S. § 12-48-106(2) at least ten days before the approval of the permit by the Local Licensing Authority; (4) sufficient time will exist for the Local Licensing Authority to properly investigate the special event permit application, handle any protests filed, and present the application to the Local Licensing Authority; and (5) the waiver will not delay the Local Licensing Authority from submitting an approved form and check covering the respective permit fee to the State Licensing Authority at least ten days prior to the date of the special event pursuant to Colorado Liquor Regulation 47-1018.E. INTRODUCED, READ, and ADOPTED this 12th day of Au st, 2010. TOWN OF FIRESTONE, COLORADO i Paul Sorensen Mayor Pro-Tem FkREST dy gwoode _'' T�WNo�'�` Town Clerk rrm�; r� ;O d: s:\Firestone\Reso1u1i0n\Specia1 Event Permit Waivers.doc ��j •., ,,. ^'Or vTY CQ�. 2 RESOLUTION NO.0 -g A RESOLUTION APPROVING A COOPERATION AGREEMENT AMONG THE FIRESTONE URBAN RENEWAL AUTHORITY, THE TOWN OF FIRESTONE, AND THE FREDERICK- FIRESTONE FIRE PROTECTION DISTRICT, SOUTHERN FIRESTONE URBAN RENEWAL PLAN WHEREAS, the Town of Firestone ("Town") is a statutory town of the State of Colorado authorized to exercise its powers under and pursuant to the Colorado Constitution and state law; and WHEREAS, the Firestone Urban Renewal Authority ("FURA") is a public body corporate and politic authorized to transact business and exercise its powers as an urban renewal authority under and pursuant to the Colorado Urban.Renewal Law, Part 1 of Article 25 of Title 31, C.R.S. ("Act"); and WHEREAS, the Frederick -Firestone Fire Protection District ("District") is a quasi- municipal corporation and political subdivision of the State of Colorado, duly organized and existing as a fire protection district under the constitution and the laws of the State of Colorado to provide fire suppression, fire prevention,related investigatory activities, rescue, hazardous materials services, emergency medical services; and enforcement and administration of the fire code adopter by the Town (collectively, "Fire Services"); and WHEREAS, pursuant to the Act, the Board of Trustees by Resolution `adopted January 28, 2010 approved the Urban Renewal Plan for the Southern Firestone Urban Renewal Area (the Plan) to.car r; out the urban renewal project ("Urban Renewal Project") described in the Plan for the area described therein ("Urban Renewal Area"); and WHEREAS, the Act includes and the Plan contains a provision authorizing the financing of the Urban Renewal Project utilizing property tax increment financing as. further provided in the Plan and as authorized by Section 31-25-107(9) of the Act; and WHEREAS, the District is cooperating with the Town and FURA to facilitate carrying out the Plan.and urban renewal projects within the Urban Renewal Area; and WHEREAS; the District, Town and FURA desire to enter into an .agreement for the transfer to the District of property tax revenues that FURA receives from the District levy on taxable property in the Urban Renewal Area in order to facilitate carrying out the Plan and urban renewal projects within the Urban Renewal Area; and to help ensure that the District is able to continue to provide Fire Services within the Urban.Renewal Area; and WHEREAS, an agreement has been proposed for such purpose and the parties are authorized to enter into such an agreement pursuant to law, including without limitation C.R.S. § 31-25-112; and WHEREAS, the Boa~d, of Trustees hasdetermined that it is in :its best interest to enter into such an agreement with the District and FURA, and by this:resolution desires to approve the agreement and authorize 'its execution, NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE; COLO.RADO: Section 1. The proposed Cooperation Agreement Among the Firestone Urban Renewal Authority, the Town. of Firestone, ;and the Frederick -Firestone Fire Protection District, Southern Firestone: Urban Renewal .Plan.{"Agreement"}, a copy of which ,is attached hereto and incorporated herein by this reference, ishereby approved. 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 day of -PJYl- , 2010: TOWN OF FIRESTONE, COLORADO /,?/ j Chad Auer Mayor ATTEST- Gde�0�0 FIR�sr � ` ...T04Z O2 egwoo � J wn Clerk C) �rY coi�o�Po RESOLUTION NO. I D `140 A RESOLUTION APPROVING A COOPERATION AGREEMENT AMONG THE FIRESTONE URBAN RENEWAL AUTHORITY, THE TOWN OF FIRESTONE, AND THE CARBON VALLEY PARK AND RECREATION DISTRICT, SOUTHERN FIRESTONE URBAN RENEWAL PLAN WHEREAS, the Town of Firestone ("Town") is a statutory town of the State of Colorado authorized to exercise its powers under and pursuant to the Colorado Constitution and state law; and WHEREAS, the Firestone Urban Renewal Authority ("FURY") is a public body corporate and politic authorized to transact business and exercise its powers as an urban renewal authority under and pursuant to the Colorado Urban Renewal Law, Part 1 of Article 25 of Title 31, C.R.S. ("Act"); and WHEREAS, the Carbon Valley Park and Recreation District ("District") is a quasi - municipal corporation and political subdivision of the State of Colorado, duly organized and existing as a park and recreation district under the constitution and the laws of the State of Colorado to provide park. and recreational facilities and programs (collectively "District Services") within said District, including areas within the Town of Firestone; and WHEREAS, pursuant to the Act, the Board of Trustees by Resolution adopted January 28, 2010 approved the Urban Renewal Plan for the Southern Firestone Urban Renewal Area (the Plan) to carry out the urban renewal project ("Urban Renewal Project") described in the Plan for the area described therein ("Urban Renewal Area"); and WHEREAS, the Act includes and the Plan contains a provision authorizing the financing of the Urban. `Renewal Project utilizing property tax increment financing as further provided in the Plan and as authorized by Section 31-25-1.07(9) of the Act; and WHEREAS, the District is cooperating with the Town and FURA to facilitate carrying out the Plan and urban renewal projects within the Urban Renewal Area. and WHEREAS, the District, Town and FURA desire to enter into an agreement for the transfer to the District 'of property tax revenues that FURA receives from the District levy on taxable property in the Urban Renewal Area in order to facilitate carrying out the Plan and urban renewal projects within the Urban Renewal Area, and to help ensure that the District is able to continue to provide District .Services within the Urban Renewal Area; and WHEREAS, an agreement has been proposed for such purpose and the parties are authorized to enter into such an agreement pursuant to law, including without limitation C.R.S. § 31-25-112;and WHEREAS, the Board of Trustees has determined that it is in its best interest to enter into such an agreement with the District and FURA, and by this resolution desires to approve the agreement and authorize its execution; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The proposed Cooperation Agreement Among the Firestone Urban Renewal Authority, the Town, of Firestone, and the Carbon Valley Park and Recreation District, Southern Firestone Urban Renewal Plan ("Agreement"), a copy of which is attached hereto and incorporated herein by this reference, is hereby approved.. 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. 4 INTRODUCED, READ, and ADOPTED this �L day of oCom/2,/' , 2010. TOWN OF FIRESTONE, COLORADO Chad Auer Mayor ATTEST: rYwmn egwooClerk COOPERATION AGREEMENT AMONG THE FIRESTONE URBAN RENEWAL AUTHORITY, THE TOWN OF FIRESTONE, AND THE CARBON VALLEY PARK AND RECREATION DISTRICT SOUTHERN FIRESTONE URBAN RENEWAL PLAN �,THIS COOPERATION AGREEMENT ("Agreement") is made and executed effective the CP' day of , 2010, by and between the CARBON VALLEY PARK AND RECREATION DIS RICT, the TOWN OF FIRESTONE, COLORADO, and the FIRESTONE URBAN RENEWAL AUTHORITY, referred to collectively as the "parties" or individually as a «ply„ WITNESSETH: WHEREAS, the Carbon Valley Park and Recreation District ("District") is a quasi - municipal corporation and political subdivision of the State of Colorado, duly organized and existing as park and recreation district under the constitution and the laws of the State of Colorado to provide park and recreational facilities and programs (collectively "District Services") within said District, including areas within the Town of Firestone; and WHEREAS, the Town of Firestone ("Firestone") is a statutory town .of the State of Colorado aw.horized to exercise its powers under and pursuant to the Colorado. Constitution and state'law; and WHEREAS, the Firestone Urban Renewal Authority ("FURA") .is a public body corporate and politic authorized to transact business and exercise its powers as an urban renewal authority under and pursuant to the Colorado Urban Renewal Law, Part 1 of Article 25 of Title 31, C_R.S. ("Act"); and WHEREAS, on January 28, 2010 the Firestone Board of Trustees adopted its Resolution 10-04 approving the Urban Renewal Plan for the Southern Firestone Urban Renewal Area ("Plan"), which details the inclusion of the parcels described in the Plan for the purposes authorized in the Act, including utilizing tax increment financing ("TIF Financing"), as contemplated by C.R.S. § 31-25-107(9)(a), for the purposes authorized by the Urban Renewal Law; and WHEREAS, TIF Financing provides that taxxes, if any, levied after the effective date of the approval of the Plan upon taxable property in the area described in the Plan ("Urban Renewal Area") each year shall be divided for a period not to exceed twenty-five (25) years from the effective date of the Plan and that a portion of said property tax revenues (the "TIF Revenue") shall be allocated to and paid into a special fund of FURA to pay the principal of, interest on, and any premiums due in connection with bonds of, loans or advances to, or indebtedness incurred by FURA; and WHEREAS, the District, Firestone and FURA recognize that a division of taxes pursuant to C.R.S. § 31-25-107(9)(a) on property within the boundaries of the District without an agreement concerning the sharing of TIF Revenue that results from the District levy on :taxable property in the Urban Renewal Area may hinder the effectuation of the Plan and urban. renewal projects within the Urban Renewal Area and the District's ability to provide District Services within the Urban Renewal Area; and WHEREAS, the District is cooperating with Firestone and FURA to facilitate carrying out the Plan and urban renewal projects within the Urban Renewal Area; and WHEREAS, the District, Firestone and FURA desire to enter into this Agreement for the transfer to the District of property tax revenues that FURA receives from the District levy on taxable property in the Urban Renewal Area; and WHEREAS, the District, Firestone and FURA are authorized to enter into this Agreement pursuant to law, including without limitation C.R.S. § 31-25-112; and WHEREAS, the District, Firestone and FURA have determined it is in the best interest of the parties to enter into this Agreement to facilitate carrying out the Plan and urban renewal projects within the Urban Renewal Area; NOW THEREFORE, in consideration of the foregoing recitals and the covenants, promises and agreements of each of the parties hereto, it is agreed by and among the parties hereto .as follows: 1. Sharinp, of District Lew Allocation: FURA agrees to deposit into a separate account created for such purpose (the ""Account"), all of the increase in property tax revenues calculated, produced, and allocated to .FURA as a result of the levy of the District upon taxable property within the Urban Renewal Area pursuant to and in accordance with Section 31-25- 107(9)(a)(II) of the Act and the rules and regulations of the Property Tax Administrator of the State of Colorado (the "District Tax Levy Allocation"). Commencing on the date of this Agreement and for a period of twenty-five (25) years from the effective date of the Plan, FURA shall transfer to the District on or before the 15'' day of each month all revenues received into such Account through the preceding month. If area is subsequently included in the Plan by a modification of the Plan approved by the Firestone Board of Trustees, and such modification results in TIF Revenues from the District Tax Levy Allocation being allocated to FURA for an additional period beyond twenty-five (25) years from the effective date of the Plan, then FURA shall make the foregoing transfers to the District for such additional period. 2. Use of District Tax Lew Allocation. It is the intention of the District, Firestone and FURA that the District use the revenues transferred to it pursuant to Section 1 for the costs and expenses of providing District Services in the Urban Renewal Area. 3. Agreement Confined to District Tax _Lev r_Al_location Revenue. This Agreement applies only to the District Tax Levy Allocation revenues, as calculated, produced, collected and allocated to FURA within the Urban Renewal Area in accordance with C.R.S. § 31-25- 107(9)(4)(II) and the rules and regulations. of the Property Tax Administrator of the State of Colorado, and does not include any other revenues of Firestone or FURA. Further, this Agreement applies only to the Urban Renewal Area described in the Plan as approved by 0) Firestone Board of Trustees Resolution No. 10-04 and any area subsequently included in the Plan by a modification ofthe Plan approved by the Firestone Board of Trustees. 4. Subordination. By written consent of the .District, as evidenced by a resolution approved by the Board of Directors of the District, the obligation of FURA to transfer revenues from the District Tax Levy Allocation to the District may be made subordinate to any payment of the principal of, the interest on, and any premiums due in connection with bonds of, loans or advances to, or indebtedness incurred by FURA for financing or refinancing, in whole or in part, any urban re.:iewal project specified in the Plan. 5. De_ lays. Any delays in or failure of performance by any party of its obligations under this Ag reement shall be excused if such delays or failure are a result of acts of God, acts of public enemy, acts of the Federal or state government, acts of any other party, acts of third parties, litigation concerning the validity of this Agreement or relating to transactions contemplated hereby, fire, floods, strikes, labor disputes, accidents, regulations or order of civil or military authorities, shortages of labor or materials, or other causes, similar or dissimilar, which are beyond the control of such party. Notwithstanding the foregoing, where any of the above events shall occur which temporarily interrupt the ability of FURA to transfer:District Tax Levy Allocation revenues as provided in Section 1, as soon as the event causing such interruption shall no longer prevail, FURA shall transfer the total amount of the District Tax Levy Allocation revenue that has been received by FURA that is then in the Account, as determined according to the provisions of Section 1 to this Agreement. 6. Termination and Subsequent Le isles. In the event: of termination of the Plan, including its TIF Financing component, FURA and Firestone may terminate this Agreement by delivering written notice to the District. FURA and Firestone may also terminate this Agreement by delivering written notice to the District if the District no longer provides any District Services within the Town of Firestone. The parties further agree that in the event legislation is adopted after the effective date of this Agreement that invalidates or materially effects any provisions hereof, the parties will in good faith negotiate for an. amendment to this Agreement that most fully implements the original intent, purpose and provisions of this Agreement. 7. Entire. ALYreement. This instrument embodies the entire agreement of the parties with respect to the subject matter hereof. There are no promises, terms, conditions; or obligations ether than those contained herein, and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. No modification to this Agreement shall be valid unless agreed to in writing by the parties hereto. 8. Binding Effect. This Agreement shall inure to the benefit of and be binding upon the parties li=to and their successors in interest. 9. No Third -Party Enforcement. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not 3 included in this Agreement.' It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 10. No Waiver of Immunities. No portion of this Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess, nor shall any portion of this Agreement be deemed to have 'created a duty of care which did not previously exist with respect to any person not a parry to this Agreement, 11. Severabili1y. If any provision of this Agreement is found to be invalid, illegal or unenforceable, the validity and enforceability of the remaining provisions shall not in any way be affected .or impaired thereby. Further, in the event of any such holding of invalidity, illegality or unenforceability (as to any or all parties hereto), the parties agree to take such action(s) as may be necessary to achieve to the greatest degree possible the intent of the affected provision of this Agreement. 12. No Assi nment. No party may assign any of its rights. or obligations under this Agreement. 13. Paragraph Captions. The captions of the paragraphs are set forth only for the convenience and reference of the parties and are not intended .in any way to define, limit, or describe the scope or intent of this Agreement. 14. Execution in Counterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an original and all of which shall constitute but one and the same instrument. 15. No Presumption. The parties to this Agreement and their attorneys have had a full opportunity 'to review and participate 'in the drafting of the final form, of this Agreement. Accordingly, this Agreement shall be construed without regard to any presumption or other rule of construction against the party causing the Agreement to be drafted. 16. Days. If the day for any performance or event provided for herein is a Saturday, a Sunday, a day on which national banks are not open for the regular transactions of business, or a legal holiday pursuant to Section 24-11-101(1), C,R.S., such day shall be extended until the next day on which such banks and state offices are open for the transaction of business. 17. Parties Not Partners. Notwithstanding any language in this Agreement or any other agreement, representation, or warranty to the contrary, the parties shall .not be deemed to be partners or joint venturers, and no party shall be responsible.for any debt or liability of any other ply. IN WITNESS WHEREOF, the parties hereto have caused their duly authorized officials to execute this Agreement effective as of the day and year first above written. 4 ATTEST: CARBON VALLEY PARK AND RECREATION DISTRICT By: President of Board ATTEST: TOWN OF FIRESTONE az� 5dy wood, T Clerk Chad Auer, Mayor ATTEST: FIRESTONE URBAN RENEWAL AUTHORITY By. y. 4Q B dy Hood, Re r ing Secretary Chad Auer, Chairperson RESOLUTION NO. L O —" T 1 A RESOLUTION APPROVING A COOPERATION AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND THE FIRESTONE URBAN RENEWAL AUTHORITY WHEREAS, the Town of Firestone ("Town") is a statutory town of the State of Colorado authorized to exercise its powers under and pursuant to the Colorado Constitution and state law; and WHEREAS, FURA is a public body corporate and politic organized as of July 24, 2009 and authorized to transact business and exercise its powers as an urban renewal authority under and pursuant to the Colorado Urban Renewal Law, Part I of Article 25 of Title 31, C.R.S. ("Act"); and WHEREAS, on January 28, 2010 the Town Board of Trustees approved the Urban Renewal Plan for the Southern Firestone Urban Renewal Area ("Plan"), which Plan includes a provision for use of property tax increment financing, as contemplated by C.R.S. § 31-25- 107(9)(a), for the purposes authorized by the Act; and WHEREAS, the Town and FURA desire to enter into an agreement for the transfer to the Town of property tax revenues that FURA receives from the Town levy on taxable property and to confirm their understandings regarding the provision of operating funds and support services to FURA by the Town, including the reimbursement obligation of FURA for such operating funds and support services; and WHEREAS, an agreement has been proposed for such purposes and the parties are authorized to enter into such an agreement pursuant to law, including without limitation C.R.S. § 31-25-112; and WHEREAS, the Board of Trustees has determined that it is in its best interest to enter into such an agreement with the Town and FURA, and by this resolution desires to approve the agreement and authorize its execution; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The proposed Cooperation Agreement between the Town of Firestone and the Firestone Urban Renewal Authority ("Agreement"), a copy of which is attached hereto and incorporated herein by this reference, is hereby approved. Section 2. The Mayor is hereby authorized to execute the Agreement on behalf of the Town. INTRODUCED, READ, and ADOPTED this day of 2010. ATTEST: C��� /V egwoqg Cleric TOWN OF FIRESTONE, COLORADO C( Chad Auer Mayor ��ftES Tp� •r r'VryRi'••, S` o =• is TOWN OF FIRESTONE BOARD OF TRUSTEES RESOLUTION NO. _[0-- qJ-- A RESOLUTION OPPOSING PROPOSTION 101 AND AMENDMENTS 60 AND 61 WHEREAS, Town of Firestone residents, along with state voters, will have the opportunity at the November 2, 2010, statewide election to protect the future of Colorado by defeating Proposition 101 and Amendments 60 and 61; and WHEREAS, these measures individually and collectively significantly reduce or otherwise restrict both state and local revenues in a number of different ways, including but not limited to decreasing or restricting the following important sources of governmental revenues: specific ov nership taxes, telecommunication taxes, state income taxes, state -shared revenues to assist municipalities with local street and transit improvements, other state grants and loans to help local government, and property taxes; and WHEREAS, statewide estimates show the potential for the loss of over 70,000 jobs if Amendments 60 and 61 and Proposition 101 pass. The would be on top of the 100,000 jobs that Colorado has lost in the 2008/2009 recession; and WHEREAS, during this economic downturn, the Town of Firestone has already begun staffing and budget reductions to ensure fiscal responsibility; and WHEREAS, the ability to finance long-term capital improvements like water storage/cor_veyance, future Firestone urban renewal projects, recreational projects, and the construction of other debt funded public facilities, as well as the ability to finance the purchase of police cars, maintenance vehicles and other equipment needed for vital municipal services. are dramatically impaired by the restrictions on debt financing as proposed by Amendment 61; and WHEREAS, an analysis by the Town estimates that Proposition 101, and Amendments 60 and 61 will result in an annual loss of revenues to the Town of over $2,000,000 by 2014, which will force significant reductions in vital Town services including Public Safety Services, Street Maintenance, Park /Trail Maintenance, Street Lighting, and other additional services; and WHEREAS, the Town of Firestone is concerned about the impact these three measures will have cn the Town's ability to work effectively to recruit and retain businesses and jobs in our community and the State of Colorado; and WHEREAS, the Town of Firestone is concerned about the impact these three measures will have on our ability to work effectively with other local governments in the form of intergovernmental agreements like road maintenance agreements and communication sharing agreements (IGAs); and WHEREAS, a number of prominent individuals, newspapers, and organizations including the Colorado Municipal League are voicing opposition to these measures as not being 1 in the best interests of Colorado and of local communities; and WHEREAS, provisions of state law do allow the Town of Firestone to put forth this resolution as a statement of opposition to the measures known as Proposition 101, Amendment 60 and Amendment 61; NOW, THEREFORE, the Town of Firestone Board of Trustees opposes Proposition 101, Amendment 60 and Amendment 61 and urges our citizens to vote against all three ballot measures. INTRODUCED, READ AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO THIS a3 r DAY OF P , 2010. TOWN OF FIRESTONE '�2z i 4=.. Chad Auer, Mayor ATTEST: �tES r y H ood, Tomg Clerk awn, m� jo RESOLUTION NO. 10- q3 A RESOLUTION APPROVING SPECIAL USE PERMITS FOR ENCANA OIL & GAS (USA), INC., TO LOCATE FOUR OIL AND GAS WELLS WITHIN THE TOWN OF FIRESTONE WHEREAS, EnCar a Oil & Gas (USA) Inc. (hereinafter ` EnCana" or "Applicant") has submitted an application and supporting materials pursuant to Chapter 15.48 of the Firestone Municipal Code for special use permits to locate within the Town four oil and gas wells referred to as the proposed Wandell 6-0-7, 6-4-7, 8-2-7 and 8-4-7 Wells; and WE, EREAS, all materials related to the requested special use permits 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, pursuant to Chapter 17.32 of the Firestone Municipal Code, the Firestone Planning and Zoning Commission held a properly noticed public hearing on the proposed special use permits and adopted its Resolution No. PC- 10-11 forwarding 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 and has held a properly noticed public hearing on the application, at which -hearing the applicant and other interested persons presented testimony to the Board and at which a number of documents were made a part of the record; and WHEREAS, the Board of Trustees finds that the proposed special use permits for the oil and gas 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 hereby approves the special use permit requests of EnCana Oil & Gas (USA), Inc. for location of the Wandell 6-0-7, 6-4-7, 8-2-7 and 8-4-7 Wells within the Town of Firestone, in the location more particularly described in Exhibit A attached 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 Cons �rvation 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. 1 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, waivers, variances 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 commencement of any work within the Town the applicant, including contractors and subcontractors, shall obtain necessary Contractor's Licenses from the Town. 6. 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, specifically an Overweight Permit from the Town is required for moving the drilling rig. 7. Applicant shall provide to the Town copies of any executed surface damage agreements or memoranda thereof respecting operation of the well. 8. 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. 9. 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. 10. 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. 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 using the Town's standard fence and screening detail. 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. 14. Drill rigs shall, to the extent reasonably possible, be equipped with higher quality noise reducing mufflers. 2 15. During drilling, use a tarp around drilling floor and diawworks 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. The use of pump jacks shall be limited to those running on electric'motors. 19. The drilling rig used for drilling operations shall be Model CAZA-54 or equivalent type of drill rig. 20. A gravel apron is required to be placed at the property line to prevent mud from being tracked across the- Sports Complex parking lot. 21. A gravel apron is required to be placed at the Tilbury Avenue access point. 22. The primary existing access from Frontier Street is acceptable, but in the future when the Town completes the Sports Complex parking lot and road, the Town shall have the right to require EnCana to use the existing access off of Tilbury Avenue as the primary access. 23. Place frac tanks between nearby housing and the drill site, in order to assist in noise mitigation. 24. Incorporate point source noise mitigation techniques; also, incorporate additional noise mitigation techniques as available. 25. EnCana will post "No Oil Field Traffic" signage during drilling operations to direct their contractors not to use Tenderfoot Avenue in the Sagebrush Subdivision. 26. Primary access to the well site shall be from Frontier Street until the Sports Complex parking lot is improved. At that time, access to the well site shall be from Tilbury Street. INTRODUCED, READ, AND ADOPTED this 28th day of October, 2010. ATTEST: TOWN OF FIRESTONE, COLORADO C, Chad Auer Mayor �v� •' TO os REAL JO 3 EXHIBIT A: Location of Wells Proposed Wandell 6-0-7, 6-4-7, 8-2-7 and 8-4-7 Wells EnCana Oil and Gas (USA) Inc. A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6T" PRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PORTION OF TRACT A 2 OF THE FIRESTONE COMMUNITY MINOR SUBDIVISION PLAT, TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO RECORDED ON 03/22/2006 AT THE OFFICE OF THE WELD COUNTY CLERK & RECORDER AT RECEPTION #3372263. 4 RESOLUTION NO. 10-__�" [ A RESOLUTION APPROVING SPECIAL USE PERMITS FOR ENCANA OIL & GAS (USA), INC., TO LOCATE THREE OIL AND GAS WELLS WITHIN THE TOWN OF FIRESTONE WHEREAS, EnCana Oil & Gas (USA) Inc. (hereinafter "EnCana" or "Applicant") has submitted an application and supporting materials pursuant to Chapter 15.48 of the Firestone Municipal Code for special use permits to locate within the Town three oil and gas wells referred to as the proposed Wandell 0-4-7, 2-0-7 and 4-4-7 Wells; and WHEREAS, all materials related to the requested special use permits 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, pursuant to Chapter 17.32 of the Firestone Municipal Code, the Firestone Planning and Zoning Commission held a properly noticed public hearing on the proposed special use permits and adopted its Resolution No. PC-10-12 forwarding 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 and has held a properly noticed public hearing on the application, at which hearing the applicant and other interested persons presented testimony to the Board and at which a number of documents were made a part of the record; and WHEREAS, the Board of Trustees finds that the proposed special use permits for the oil and gas 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 hereby approves the special use permit requests of EnCana Oil & Gas (USA), Inc. for location of the Wandell 0-4-7, 2-0-7 and 4-4-7 Wells within the Town of Firestone, in the location more particularly described in Exhibit A attached hereto, subject to the following conditions: I . 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 1 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. 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, waivers, variances 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 commencement of any work within the Town the applicant, including contractors and subcontractors, shall obtain necessary Contractor's Licenses from the Town. 6. 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, specifically an Overweight Permit from the Town is required for moving the drilling rig. 7. Applicant shall provide to the Town copies of any executed surface damage agreements or memoranda thereof respecting operation of the well. 8. 1n 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. 9. 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. 10. 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. 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 using the Town's standard fence and screening detail. 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. 4 13. To aie 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. The use of pump jacks shall be limited to those running on electric motors. 19. The drilling rig used for drilling operations shall be Model CAZA-54 or equivalent type of drill r_g. 20. A gravel apron is required to be placed at the Booth Drive access point. 21. Booth Drive is the primary access to the Coal Ridge Middle School for buses, parents dropping off and picking up and children walking to school. These facts should be noted to the operators. INTRODUCED, READ, AND ADOPTED this 28th day of October, 2010. TOWN OF FIRESTONE, COLORADO Chad Auer Mayor ATTEST: y He ood FA........ ��� own Clerk S M 10 3 EXHIBIT A: Location of Wells Proposed Wandell 0-4-7, 2-0-7 and 4-4-7 Wells EnCana Oil and Gas (USA) Inc. A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6T" PRINCIPAL MERIDIAN, MORE PARTICUL4RLY DESCRIBED AS FOLLOWS: LOT 2 OF THE BOOTH FARM MINOR SUBDIVISION PLAT, TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO RECORDED ON 04/19/2001 AT THE OFFICE OF THE WELD COUNTY CLERK & RECORDER AT RECEPTION #2842090. 4 RESOLUTION N0, La A RESOLUTION APPROVING A NEW PERSONNEL POLICY MANUAL FOR THE TOWN OF FIRESTONE WHEREAS; the Town of Firestone previously adopted the Town of Firestone, Colorado Personnel Policy Manual, dated October 1, 2002, which manual has been amended from time to time by resolution of the Board of Trustees; and WHEREAS, the Town Manager has presented to the Board of Trustees an updated Personnel Policy Manual for the Town, which Manual has been developed with assistance, input and comments from, as applicable, the Town's department heads, supervisors, staff, Town attorney, and human resources consulting staff; and WHEREAS, the Board of Trustees and the Board's personnel policies review committee have undertaken an extensive review of the Town's current and proposed personnel policies and finds it is i--i 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 an essential 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 Personnel Policy Manual dated January 1, 2011, 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 January 1, 2011. All employees of the Town shall be provided a copy of such Manual and shall sign an acknowledgment and receipt therefor. Section 3. The Town of Firestone, Colorado Personnel Policy Manual, dated October 1, 2002, and any amendments thereto are hereby rescinded effective January 1, 2011. INTRODUCED, READ, and ADOPTED this day of AOYM, 2010. P FIR ATTEST: 06�. TOWN OF FIRESTONE, COLORADO n l,�,I Chad Auer Mayor egWood own Clerk RESOLUTION NO. 10-46 A RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN FOR McDONALD'S AT FIRESTONE CROSSING 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 McDonald's at Firestone Crossing; 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 application, 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 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 does hereby approve the final development plan for McDonald's at Firestone Crossing, subject to the conditions set forth on Exhibit A, attached hereto and incorporated herein by reference. INTRODUCED, READ, and ADOPTED this 18th day of November, 2010. Chad 1 EXHIBIT A Final Development Plan Conditions of Approval McDonald's at Firestone Crossing 1. On the Vicinity Map, add Firestone street names for Firestone streets. Include the existing Firestone town limits at 1 "=2,000' maximum scale. 2. Provide a Tax Certificate. F 3. Provide an updated title commitment, dated no later than one month prior to the application date. Also provide a copy of Items #39 and #41. 4. Modify the legal description pursuant to direction from the Town Engineer. 5. Provide one year's worth of actual water bills for a similar size McDonald's. The Town will calculate the domestic demand and required CBT shares. Refer to Exhibit X of the development regulations for the required water dedication language and calculations. 6. Clarify the water meter/service size in the calculations and have it called out on the FDP Utility Plan. The water service shall be sized for both domestic and irrigation demands. 7. Confirm if the Frederick -Firestone Fire Protection District requires a Hydraulic Analysis Report and if required, provide a copy to the Town. 8. Provide submittals to St. Vrain Sanitation District .and Frederick- Firestone Fire Prevention District. 9. Address Town Engineer comments and redlines. FDP General 10. Print the text black, rather than grey. 11. Modify the font size to be consistent with the Firestone Development Regulations. 12. Create a new Sheet 2 and include the notes and text containing the information required as specified in the Development Regulations. 13. The address for Lot 1 shall be 5850 Firestone Boulevard. Correct the address in the side title block on all Sheets. Sheet 1 2 14. Mcdify the legal description pursuant to direction from'the Town Engineer. 15. On the Vicinity Map, add Firestone street names for Firestone streets. Include the exi sting Firestone town limits at 1 "=2,000' maximum scale. 16. Add a percentage column to the land use table. Sheet 2 17. Identify the bike rack location and provide a detail. 18. Identify any freestanding sign locations on the site plan. 19. Provide details of all freestanding signs including colors, materials, measurements, etc. 20. Provide names of all exterior colors. 21. Address access drive comments pursuant to direction from the Town Engineer. 22. Add the reception number to the surrounding properties, correct the bearings and correct the lot line between Lot 2 and Lot 3 pursuant to direction from the Town Engineer. 23. Change the circled note 3 from "25' utility easement" to read "25' access easement" per the Mountain View Retail Center Final Plat. Sheet 3 24. Re -grade the area between the parking lot and the back of sidewalk on Firestone Boulevard pursuant to comments from the Town Engineer. 25. Show and label the adjacent street names, public right-of-way (R.O.W.), existing and proposed storm sewer pipes and the existing and proposed contours. 26. Remove the drainage information and prepare a separate Drainage Plan Sheet. 27. Confirm if a CDPS permit is required. If required, the SWMP needs to be prepared in accordance with CDPS storm water permitting requirements and a copy provided to the Town. 28. Address Town Engineer comments regarding the storm manhole labeled and shown as EX-01. Sheet 4 29. Change the circled note 3 from "25' utility easement" to read "25' access easement" per the Mountain View Retail Center Final Plat. 3 30. Address Town Engineer comments regarding the storm manhole labeled and shown as EX-01. 31. Address Towri Engineer comments regarding the water meter. 32. Address Town Engineer comments regarding a separate fire line for the building sprinkler system. 33. Shaw the location and details for the irrigation tap/line, meter and backflow preventer. 34. Darken the lot lines and show the adjacent streets, names and public R.O.W. Sheet 5 35. Move the trees and shrubs that conflict with the existing water stub -out and proposed water meter and service line so that there are no trees within 10-feet and no shrubs within 5-feet of water or sanitary sewer lines. 36. Add a note to the FDP that indicates the Town will provide a License Agreement for the developer to install landscaping in the Town's R.O.W., as may be approved by the Town Engineer and Town Planner. 37. Add the "RFC" to the plant schedule and change the Linden trees shown in the public R.O.W. on Cimarron Street to Green Ash trees. 38. Provide a copy of the casement for the proposed landscaping shown at the Northeast corner. Show and label on the Sheet. Sheet 6 -11 39. Identify colors using the color name in addition to the number. 40. Provide illustrative drawings of freestanding signs. 41. Freestanding lighting shall be the same height, color, and style as the lighting used at Walgreen's and AutoZone. 42. Provide an irrigation plan Sheet. 43. Remove the water and sewer service location detail and provide a detail for the irrigation back -flow preventer. Drainage Report: 44. Provide a separate Drainage Plan Sheet. 4 44. Provide a separate Drainage Plan Sheet. 45. Address Town Engineer redlines. Additional Conditions: 46. Enhance the architectural elevations to include stone or brick elements around the base of the building. 47. Remove from the plans the proposed pole sign. Relocate the monument sign to the northwest side of the property. The monument sign height and area shall not exceed the height and total square footage of the Walgreen's monument sign. Within such limitations, the monument sign may include an electronic message board of a size no greater than the electronic message board for Walgreen's, for use only for messages for McDonald's business and date, time and weather information. 48. Ensure that nuisance odors from the restaurant are confined to the lot upon which the restaurant is located. Nuisance odors shall be eliminated or mitigated so as not to unreasonably interfere with the comfort ' of the public. Include a note on the FDP addressing this requirement. 49. Add a note to the FDP establishing a development schedule, that requires issuance of the final certificate of occupancy within three years of the date of issuanceof the first building permit. If the final certificate of occupancy is not issued within such there -year period, the FDP shall be subject to the provisions of Section 17.22.130 of the'Town Code. 5 RESOLUTION NO.10- q 7 RESOLUTION TO ADOPT BUDGET TOWN OF FIRESTONE, COLORADO 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, 2011 AND ENDING ON THE LAST DAY OF DECEMBER, 2011. WHEREAS, the Board of Trustees of the Town of Firestone has directed the Town Manager to prepare and submit a proposed budget to said governing body at the proper time; and WHEREAS, the Town Manager has submitted a final proposed budget to this governing body on December 9, 2010 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 Article X, Section 20 of the Colorado Constitution, approved by the voters on November 3, 1992, and "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 service, the final amount to be calculated when necessary final information is available to the Town; and WHEREAS, whatever increases may have been made in expenditures, like increases were added. to the revenues, 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 Town ,'—lerk and made a part of the public records of the Town. INTRODUCED, READ AND ADOPTED this 9 h day of December, 2010. TOWN OF FIRESTONE, COLORADO CJ� Chad Auer, Mayor Attest: J Hegwo , r��lN own Clerk ��= W.N r. m = 10 Q: rrr� P) RESOLUTION NO. 10- r o TOWN OF FIRESTONE, COLORADO A RESOLUTION APPROPRIATING SUMS OF MONEY TO THE VARIOUS FUNDS AND SPENDING AGENCIES, IN THE AMOUNTS AND FOR THE PURPOSES AS SET FORTH BELOW, FOR THE TOWN OF FIRESTONE, COLORADO, FOR THE 2011 BUDGET YEAR. WHEREAS, the Board of Trustees has adopted the annual budget in accordance with the Local Government Budget Law, on December 9, 2010; and WHEREAS, the Board of Trustees has made provision therein for revenues in an amount equal to total proposed expenditures asset forth in said budget; and WHEREAS, it is required by law but also necessary.to appropriate the revenues provided in the budMt to and for the purposes described below, so as not to impair the operation of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That the following sums are hereby appropriated from the revenues of each fund, for the purposes stated: General Fund Total General Fund Expenditures & Transfers $3,866,698 Park Fund Total Park Fund Expenditures &Transfers 286,296 Conservation Trust Fund Total Conservation Trust Fund Expenditures & Transfers 50,000 Highway and Streets Fund Total Street and Highway Fund Expenditures & Transfers 827,063 Water Fund Total Water Fund Expenditures & Transfers $2,746,413 Stormwater Fund Total Stormwater Fund Expenditures & Transfers 115,572 I Impact Fee Fund (old; per Ord. 347 and Res. 96-23) Total Impact Fund (old) Expenditures & Transfers Capital Improvement Fund Total Capital Improvement Fund Expenditures & Transfers -.Debt Service Fund Total Debt Service.Fund Expenditures & Transfers Open Space Trust Total Open Space Trust Fund Expenditures & Transfers Pension Fund (Old Hire Plan) Total Pension Fund Expenditures & Transfers Firestone Finance. Authority Fund Total Firestone Finance Authority Fund. Firestone Urban Renewal Authority Total Firestone Urban Renewal Authority Fund Total Appropriations & Transfers: INTRODUCED, READ, and ADOPTED this 9th day of December, 2010. $ 50,000 570,459 $ 76,705 $ 20,000 $ 9,690 $ 143,000 $ 19,400 $8,800,696 TOWN OF FIRESTONE C Iu Chad Auer, May6r Attest: S OWE s J Hegwood own Clerk { t 2 RESOLUTION NO. 10-� A RESOLUTION LEVYING GENERAL PROPERTY TAXES FOR THE 2010 TAX YEAR, TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE TOWN OF FIRESTONE, COLORADO FOR THE 2011 BUDGET YEAR. WHEREAS, the Board of Trustees of the Town of Firestone on December 9, 2010 adopted the annual budget for the 2011 budget year in accordance with the Local Government Budget Law; and WHEREAS, a general property tax mill levy is necessary to defray the general expenses of Town government for the 2011 budget year; and WHEREAS, due to the approval of ballot issue 2A on November 3, 1998, the Town of Firestone issued general obligation bonded debt in 1999 for the purpose of constructing a new town hall; and WHEREAS, the amount of money necessary for the debt service payment due in 2011 on the approved general obligation bonded debt is $75,267 ; and WHEREAS, the 2010 valuation for assessment for the Town of Firestone as certified by the County Assessor is $116,694,880 ; and WHEREAS, the Town is exempt from the statutory property tax revenue limitation (5.5% limit) due to voter approval of Ballot Issue A at the April 2, 1996 regular municipal election; and WHEREAS, the Town is exempt from the fiscal year spending limitation imposed by Article . X, Section 20 to the Colorado Constitution, due to voter approval of Ballot Issue A at the April 2, 1996, regular municipal election; and WHEREAS, the Board of Trustees must certify the mill levies for the 2011 budget year by December 15, 2010, and by this Resolution desires to so certify its general mill levy and bonded debt mill levy. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN 017 FIRESTONE, COLORADO: Section 1. That for the purpose of meeting all general operating expenses of the Town of Firestone during the 2011 budget year, there is hereby levied a tax of 6.161 mills upon each dollar of the total valuation for assessment of all taxable property within the Town for the year 2010. Section 2. That for the purpose of meeting payments for bonded indebtedness of the Town of Firestone during the 2011 budget year, there is hereby levied a tax of .644 mills upon each dollar of the total valuation for assessment of all taxable. property within the Town for the year2010. Section 3. That the Town Clerk is hereby authorized and directed to immediately certify to the County Commissioners of Weld County, Colorado, the mill levy for the Town of Firestone as herein above determined and set. INTRODUCED, READ, and ADOPTED this 91h day of December, 2010. TOWN OF FIRESTONE, COLORADO Chad Auer, Mayor Attest: J Hegwooil Town Clerk �E r • rove •tip C #p Q' rQ 's cg- RESOLUTION NO. LQ - 50 A RESOLUTION APPROVING THE 2010 FIRESTONE, COLORADO MASTER PLAN WHEREAS, pursuant to C.R.S. § 31-23-206, the Firestone Planning and Zoning Commission has prepared certain amendments to the Firestone, Colorado Master Plan, which amendments are incorporated in and presented as the 2010 Firestone, Colorado Master Plan; and WHEREAS, on October 6 and December 1, 2010, the Commission held properly noticed public hearings on the proposed 2010 Firestone, Colorado Master Plan, at which interested persons presented testimony to the Commission and at which certain documents were made a part of the record; and WHEREAS, based upon the testimony and documents presented at such public hearing, the Commission thereafter by Resolution No. PC- 10-15 adopted the 2010 Firestone, Colorado Master Plan, subject to certain conditions; and WHEREAS, the Board of Trustees desires to approve the 2010 Firestone, Colorado Master Plan, subject to the conditions set forth herein. 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 2010 Firestone, Colorado Master Plan, subject to the conditions set forth in Exhibit A attached hereto and incorporated herein by this reference. Section 2. A certified copy of the 2010 Firestone, Colorado Master Plan shall be filed with the Clerk and Recorder of Weld County. INTRODUCED, READ, and ADOPTED this 9`h day of December, 2010. TOWN OF FIRESTONE, COLORADO CU / , Chad Auer, Mayor ATTEST: io WfV Jdy He ood, Town Cl C:1� O EXHIBIT A 2010 Firestone, Colorado Master Plan Conditions of Approval Modify Master Plan with updated photos and graphics as generally described during the October 6, 2010 hearing. 2. Modify Section 7.1 of the Master Plan to reflect the revised text prepared by the Town Engineer. 3. Modify Master Plan maps to address technical mapping comments received from the Town of Frederick in its letter dated October 6, 2010. 4. Verify and revise maps to exclude land that has been annexed by and'is currently within the Town of Platteville's municipal limits as noted in the letter received from the Town of Platteville dated October 6, 2010. S. Verify and revise maps to exclude land that has been annexed by and is currently within the Town of Mead's municipal limits as noted in the letter received from the Town of Mead dated October 4, 2010. 6. Verify and revise maps to exclude land that has been annexed by and is currently within the City of Longmont, or other properties with which Longmont is currently negotiating for open space annexation as generally shown in the map presented to the Planning Commission on December 1, 2010. 7. Update land use projection charts to account for area modified pursuant to Conditions 3-6, above. 12/3/2010 3:34 PM [kmk] 5:1F restonelResolution%Master Plan 2010 TB.res.doc RESOLUTION N0. _'10 - _S 1 A RESOLUTION SETTING CERTAIN FEES AND CHARGES FOR THE TOWN OF FIRESTONE, COLORADO WHEREAS, pursuant to the Firestone Municipal Code, the Board of Trustees is authorized to establish certain fees and charges byresolution; and WHEREAS, the Board of Trustees wishes to establish; by resolution the amounts of certain fees and charges, commencing with fiscal year.2011, as set forth in this resolution; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Pursuant to Section 5.04,050 of the Firestone Municipal Code, Section 1 of Resolution No. 03-08, entitled"A Resolution Prescribing Business License Fees for the Town of Firestone, Colorado" is hereby amended as follows (words to be. deleted are shown in stiikeeut; words to be added are underlined : The annual business license fee required to; be paid pursuant to Chapter 5,04 of the Firestone Municipal Code is hereby set at fifty .dollars ($50.00) won4y- &e dellafs ($25 00). The fee to be paid pursuant to Section 5.04.140 for the transfer of a business license is hereby set at.fifteen dollars ($15.00).. Section 2. Pursuant to Section 1.5.40.020 of the Firestone Municipal Code, the.Board of Trustees hereby establishes a fence permit fee of twenty-five dollars ($25,00) for any fence not subject to permitting under the Town building code. Fences subject to the building code shall pay applicable building permit and plan review fees. Use taxes. shall be paid for all proposed fences. Section 3. Pursuant to Section 13.080.080 of the Firestone Municipal Code, the Board of Trustees hereby establishes the following charges for restoration of water supply to any premises served by the town in which water was shut off pursuant to the Firestone Municipal Code because of the failure of the owner, lessee, renter, user or possessor of the premises to abide by the provisions of Firestone Municipal Code: First offence $40.00 Second offence in same calendar year: $50.00 Third and subsequent offences in same calendar year: $75.00 Section 4. Pursuant to Section 13.08.090 of the Firestone Municipal Code, the Board of Trustees hereby establishes the charge for after-hours water service calls at fifty dollars ($50.00). Section 5. Pursuant .to Section 13.08.020 of the Firestone Municipal Code, the following fees and charges are hereby imposed and shall be paid in connection with the noted services of the Town's water utility: Fee Name- Fee Amount Ex lanation of Fee Water Disconnection Fee $15.00 This fee applies when an account holder requests. disconnection from the Town's water services. Meter Tamper Fee $10.0.00 plus cost of This: fee applies when the Town parts determines. that a meter has beer - tampered with: Meter Jumper (Bypass) Fee Fee is based on This fee applies if a property is found Residential Equivalent to have a jumper in the .meter pit to Meter Sizes as follows: avoid either the water going through the meter or to avoid installing a 5/8"' $90.00 water meter. '/a" - $135.00 1" - $225.00 1 '/z"- $540..00 2" - $900.00 3"- $1,000.00 61 $1,00.0,00 Return. Payment Fee $10.00 This fee applies when a payment is returned to the Town for any reason other than for insufficient funds.. Situations in which this fee may be. charged include, but are not limited to, the following: account closures, inability to find an account, stop payments, declined payments, and AVVA code, etc.. The fee will apply to payments made through the phone payment system; web payments, ACH payments, recurring credit card payments, etc. Meter Test Fee $240.00 This fee applies to account holder requests that the Town test the meter to determine 'whether it is measuring water usage correctly, and is charged only when the. Town. determines that the meter is reading correctly. Section 6. The fees and charges set by this resolution shall be effective January 1, 2011, and may thereafter be amended from time to time by resolution of the Board of Trustees.. 2. Section 7. The fees and charges set by this resolution shall supersede and replace any fees previcusly set or adopted by the Board of Trustees -for the same purpose.. PASSED AND, ADOPTED THIS - r DAY: OF D—C C-e m , 201.0. TOWN, OF FIRESTONE, COLORADO Chacl.Auer,.:Mayo . ATTEST: lu Hegwoo own Clerk : , �,�TQf�F j.• 1 %0 r+ '•< a 3 Town of Firestone Fee Changeslinclusions for Fiscal Year 2011 BOT Meeting - 12109/10 tree Spent Type of Fee Current Ordinance or Performing (i.e. Existing Current Resolution Number & Department(s) Task Related. or New) Fee Description Fee Date, Affected by Fee To Fee New Fee Amount Notes: Further explanation on fee E4stsng Class 6 Contractors License - Licenses for Building 5100-00 5.20.030 Ord 571 -2005 Administration 1.5 hour s/00A0 Currer* staff maintains a different $fart and end date for all license hollers. Staff is wi0nin the Town of Firestone. requesting that the Town prorate the fee an a quarterly basis and that the license expire an con>iradorhubcanlractars.daingwork December 313[ of each yew. Existing Class C Subcontractors License - Licenses for $50.00 5.20.030 Ord 571-2005 Administration 1.5 hour S50.00 Currently, staff maintains a different start anti end dais for all license holders. Staff is Contraatorlsubcontractors doing work within the Town of F'oestone requesting that the Town prorate the We on a quarterly basis all that the license expire on Decarnhor 31st of each year. Existing License - Store Front (SF)An Homo Busmess (hie) License 550.00 SF, 5-20,030 Ord 571 =2005 Administration 1 hour -550.00 Currently, staff maintains a different start and end date for all license holders- Staff.is S25.00 IHB requesting that the Town prorate the fee on a quatterlybasis and that the license expire on December 31sl of each year. Fxisling Sales Tax License - For anyone doing sales within the Town of $2.00 3,08.130 Ord 251 - 1069 Administration .75 hours $25.00 Consistent with State StabAe, it takes apprmdmately .75 bows_ to process the application Existing Firestone Fence.petnnil fee S12.00 Unable to locate orignaf BWdmg. CSO's 30 mins- 1 hour S25.OL1 as well as apistoxfmately $2.50 to mail -licenses, This fee has not increased in over 8 years. there. are several steps involved when issuing e fence permit Verify type of lot (interns, comer, reverse corner)' setbacks. type, of fencing allowed, sul3division req. - copies of fencing criteria to homeownerr.contracs6r, inspection of fences, meadrg with ownerst contractors on site to discuss optons - - - S50,00 237 Pcwunicipal Court n/a $65.00 The increase Would align the Town feel with current State of Coiarado fses Basting £ndsting Safety Befl required Safety Batt required for child - S50 00 236 Potmunicipaf Court n/a $82,00 The increase would align the Town fees with current State of Colorado fees Existing Class A Business License - Licenses for general building $150.00 5.20 Mg Ord.571 - 2005 Administration 1 hour S150.60 Currently. staff maintains a different start and end date far all ficense holders. Staffis expire contraUof doing work wftfiin the Town of Firestone.- requesting that the Town prorate the fee an a quarterty basis and that the license an December 31 st of each year, After hourscall Out fee, $30.00 Ord. 2.64 - 21W1991 Utility.f3illinglfrubfic Works 2 hours $50.00 This fee should be raised-to.cover thecostof an employee cal out fie, Currently Existing service - employees are paid for 2 hours of called out dine regardless of the time it takes them to completethe task (i.e. usually about 1r2 hou6. This fee is only charged once or twice a ear. DastmglNew Recannecran fee for servce to be minstatedmnmeters that are S40.00 Ord. 571 - 1/812005 Utility BillingtPubtic Works 45 minutes to 1.5 - hours 540 first offence, $50 second offence and $75 Staff is recommending ttnal this fee he tiered in an effort to discourage customersthat are repatedly an the Town disconnection list. Turn an fee tar accounts that are off per customer off third offence. request should slay'the same as the current fee of $40.00. In 2009 there were 144 _ relma nrnections. This approach is udaed by many-ut dines, EaestingrNew Insuftiaent Check Charge - Charged to citizens wheel the Town $35 nor 9MBA30 Ord 6512007 AdthostrabonrFinance 20 minules� 535 Non Sufficient Funds The current Town Code contains language as follows; Check charge for insufficient funds bad for arty Court Cost Charge payment can be made by paying the amount of Insufficient funds In severs days, and tt not Definition racerms a check or nalificalion payments. paid an additional.S35:00 court cost is dire for the.cost:of the (own pertaining to Recovery enforcement Staff is recommending that the Town Code be updated to include language that tall Non Suffncient or Insufficient Funds checks be charged a fee of $35t10. Wei currently charge this fee an water accounts but need t4 gal the Code in line wtth our oracticeg.for New Class C -Contractor License for electrical work. nla rda AammistratiarJC5018114ding 1.5 hour, S50.00 New feeAicensura for electrical contractors. This ree would also be prorated quarterly, mth an expiration date of 12131, New Water tum-off fee for accunts that request water service to be nra we uttlity Billing/public Works 30. Minutes $15.CO This fee would not apply to lurrs-off of water service due to non payment. We dd around 45 disconnected. rile his U(ttity BidinglPuiillc Works 3.5 hour S 10o1plus cost of parts them off in MS. This fee wuuld be charge to the owners a renter water account lot a property when the New Meter larripar fee. Town has found that Ma meter ties been tampered with. (examples: col lock. meter _ damaged. MXU damaged, tumed.on, _.etc,- This hapoeris about twice a year - rva Ufiitly BillingtPublic Works 1.5 hours 5/8"-SRO.00, 314' 51135.00, This fee would be charged if a property. is found to have;a jumper in the meter pit to avoid _ New Meter -jumper (bypassi fee. n1a 7"-5226,D0, 1 1/2"- either the water going through the dieter or to avoid getting awater meter installed. This is $540.00, 2"49DO.00. 3 = based of the Residential Equivalent Meters size. &frml, 314'-1.5, 1"-2.5, 1 1124, 2"-10. 51.00o.0o 6 8"•51,00o,00 On the 3" & 6" 1 stopped the fee at S1000 but S90 could be multiplied by'23 for 3" end 02 for 6". This has hot happened a lad over thelasttwo year but we use to get about 6 a year. t of Town of. Firestone Fee Changeslinclusions. for Fiscal Year 2011 BOT Meeting.-;12/09/1.0 ,New Retumpayment -fee. Ate .Iva .UtilityOdLingrPubfic - .20.minutes S10A0 This (be would be charged when a paymorn! isselurned.to, Ilia Tawn.ftg.any reason other - Wormf kstAdn than Nan : LOrneM4unds (current NSF fee is S15.00 - VELCO cavars bank charges & - St0.00 covers.slatf.time and materials to collect funds from eustamei). - This will apply to payrstents rnade in phone payment system, web paymerps; AXH payments, reaming weal card payments, eta Rattans can include accaia t &sed,, rio account found. stop ' payments, dedined, AVVA code,. etc Nan NSF-rehrmshappen apoui 2.to 4-times per. New. Meter lest fee. rba. rda t t&ty.BlAingtPWA= Works - 8 hours S240.00 This foe world be charged to acceunls tug would like the meter to.bete5led due; to - concerns thattthe.meter is not measuring the,water:usage -correcity. Thetee would'onty be assessed if the Town finds that the reeler is reading'comcdy. 575.00 of thts'fee would be far the cost -!he Town is Ovrged by the tbrrd party lestfng company and the -remaking - arriount is for estimated staff time ld uninstall the meter, deliver Me meter.to_ be tested_ ,. and - remslaa the meter. This ie es o=ws infre uentl 2'of 2- RESOLUTION NO. A RESOLUTION DESIGNATING THE PLACE FOR POSTING OF- NOTICES .OF MEETINGS OF THE BOARD OF TRUSTEES FOR THE TOWN OF FIRESTONE. WHEREAS, C.R.S. § 24-6-402(2)(c) requires the Board of Trustees to designate the public place or places for posting of notices of the Board's public meetings. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES FOR 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 for the Town of Firestone shall be posted at the front entrance window of the Firestone Town Hall, 151 Grant Avenue, Firestone, CO 80520. Meeting notices may additionally be published on the Town's website, www.ci.firestone.co.us. INTRODUCED, READ, and ADOPTED this 13' day of January, 2011. TOWN OF FIRESTONE, COLORADO ro Chad Auer Mayor ky e ood Clerk RESOLUTION NO. 11- 02 A RESOLUTION APPROVING SPECIAL USE PERMIT FOR ENCANA OIL & GAS (USA), INC., TO LOCATE ONE OIL AND GAS WELL WITHIN THE TOWN OF FIRESTONE WHEREAS, EnCana Oil & Gas (USA) Inc. (hereinafter "EnCana" or "Applicant") has submitted an application and supporting materials pursuant to Chapter ' 15.48 of the Firestone Municipal Code for special use permit to locate within the Town one oil and gas well referred to as the proposed Dier 4-8-8 Well; and WHEREAS, all materials related to the requested special use permits 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, pursuant to Chapter 17.32 of the Firestone Municipal Code, the Firestone Planning and Zoning Commission held a properly noticed public hearing on the proposed special use permit and adopted its Resolution No. PC- 11-01 forwarding 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 and has held a properly noticed public hearing on the application, at which hearing the applicant and other interested persons presented testimony to the Board and at which a number of documents were made a part of the record; and WHEREAS, the Board of Trustees finds that the proposed special use permit for the oil and gas 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 EnCana Oil & Gas (USA), Inc. for location of the Dier 4-8-8. Well within the Town of Firestone, in the location more particularly described in Exhibit A attached 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 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, waivers, variances 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 commencement of any work within the Town the applicant, including contractors and subcontractors, shall obtain necessary Contractor's Licenses from the Town. 6. 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, specifically an Overweight Permit from the Town is required for moving the drilling rig. 7. Applicant shall provide to the Town copies of any executed surface damage agreements or memoranda thereof respecting operation of the well. 8. 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. 9. 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. 10. 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. 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 using the Town's standard fence and screening detail. 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. 14. Drill rigs shall, to the extent reasonably possible, be equipped with higher quality noise reducing mufflers. 2 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. The use of pump jacks shall be limited to those running on electric motors. 19. The drilling rig used for drilling operations shall be Model CAZA-54 or equivalent type of drill rig. 20. A gravel apron is required to be placed at the Weld County Road 22 access point. 21. Provide a copy of the lease for the property located in the Section where the well is planned to be drilled. INTRODUCED, READ, AND ADOPTED this 10th day of February, 2011. ATTEST: c:�,"-/', `& Ju I L� "1` n Clerk TOWN OF FIRESTONE, COLORADO �J/ Chad Auer Mayor TOWN ' q { SEA fro Kl Proposed Dier 4-8-8 Well EnCana OR and Gas (USA) Inc. A PARCELOF LAND LOCATED IN SECTION 17, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6 _ " PRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: LOT A OF THE AMENDED TEETS MINOR PLAT, TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO RECORDED ON 08/30/1999 AT THE OFFICE OF THE WELD COUNTY CLERK & RECORDER AT RECEPTION #2717160. 4 RESOLUTION NO. � A RESOLUTION APPROVING THE BYLAWS AND INTERGOVERNMENTAL AGREEMENT OF THE COLORADO INTERGOVERNMENTAL RISK SHARING AGENCY WHEREAS, the Town of Firestone has reviewed the CIRSA Bylaws and Intergovernmental Agreement ("Agreement"), which constitute a contract to cooperate with other public entities to participate in a self-insurance pool; and WHEREAS, a copy of said Agreement is attached hereto as Exhibit A, and incorporated into this Resolution; and WHEREAS, the Board of Trustees of the Town of Firestone finds that it is lawfully authorized to self -insure and to participate in a self-insurance pool as set forth in said Agreement and that such participation would be in its best interests; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Agreement is hereby approved, and the Mayor and Town Clerk of the Town of Firestone are hereby authorized to execute the Agreement. Section 2. Participation in and coverage through CIRSA shall be for the coverage or coverages set forth in the Town of Firestone's current application to CIRSA and any future applications to CIRSA. Section 3. Participation in and coverage through CIRSA as set forth herein shall take effect on the 1" day of January, 2011. Section 4. A copy of this resolution and the executed Agreement shall be transmitted to CIRSA at 3665 Cherry Creek North Drive, Denver, CO 80209. INTRODUCED, READ, and ADOPTED this I O day of 2011 Attest: w7.3 y He od Town Clerk F�R4ST� SEA TOWN OF FIRESTONE, COLORADO c (, � At, Chad Auer BYLAWS AND INTERGOVERNMENTAL AGREEMENT COLORADO INTERGOVERNMENTAL RISK SHIRRING AGENCY ARTICLE I. Definitions. As used in this agreement, the following terms shall have the meanings hereinafter set out: (1) ADMINISTRATIVE COSTS. All costs of CIRSA other than contributions to a loss fund or a reserve fund. (2) BOARD. Board of Directors of CIRSA. (3) BYLAWS. The Bylaws and Intergovernmental Agreement, Colorado Intergovernmental Risk Snaring Agency. (4) CIRSA. The Colorado Intergovernmental Risk Sharing Agency established pursuant to the Constitution and the statutes of this state by this intergovernmental agreement. (5) CLAIM YEAR. Any twelve consecutive month period established by the Board. (6) DIRECTOR. A person serving on the Board. (7) EXCESS INSURANCE. Insurance purchased by CIRSA from an insurance company approved by the Insurance Commissioner of the State of Colorado to underwrite such coverage in Colorado providing certain coverage for losses over a prudent amount up to a pre-set maximum amount of coverage. (8) EXECUTIVE DIRECTOR. Executive Director of CIRSA. (9) FISCAL YEAR January Ito December 31. (10) INTERGOVERNMENTAL AGREEMENT. The Bylaws and Intergovernmental Agreement, Colorado Intergovernmental Risk Sharing Agency. (I I) LOSS FUND. A fund or funds of money established by the Board to pay covered losses and loss adjustment expenses. (12) MEMBERS. The municipalities and other entities which are authorized to participate in CIRSA pursuant to Article VI of these Bylaws and which enter into this intergoverrsnental agreement. (13;, RESERVE FUND. A fund or funds of money established by the Board to be used as provided in Article IX of this intergovernmental agreement. (14% STOP LOSS INSURANCE. Insurance purchased by CIRSA from an insurance company approved by the Insurance Commissioner to underwrite such coverage in Colorado Pagel: As Amended June 17, 2009 providing certain coverage up to a contracted amount for otherwise uninsured losses to be borne by the loss fund, which in any one year aggregate to a pre-set maximum amount of coverage. ARTICLE II. Creation of CIRSA. The Colorado Intergovernmental Risk Sharing Agency, a separate and independent governmental and legal entity, is hereby formed by intergovernmental agreement by its members pursuant to the provisions of 24-10-115.5, 29-1-201 et seq., 29-13- 102, 8-44-101(1)(c) and (3), and 8-44-204, C.R.S., as amended, and Colorado Constitution, Article M, Section 18(2). ARTICLE III. Purposes: (1) The purposes of CIRSA are to provide members the coverages authorized by law, through joint self-insurance, insurance, reinsurance, or any combination thereof, to provide claims services related to such coverages, and to provide risk management and loss control services to assist members in preventing and reducing losses and injuries. (2) It is the intent of the members of CIRSA to create an entity in perpetuity which will administer and use funds contributed by the members to defend and indemnify, in accordance with these Bylaws, any member of CIRSA against stated liability or loss, to the limit of the financial resources of CIRSA available to pay such liability or loss. It is also .the intent of the members to have CIRSA provide continuing stability and availability of needed coverages at reasonable costs. (3) All income and assets of CIRSA shall be at all times dedicated to the exclusive benefit of its members. (4) This intergovernmental agreement shall constitute the Bylaws of CIRSA. ARTICLE IV.Source of Money; Non -Waiver of Immunity. (1) All CIRSA monies are monies plus earned interest derived from its members. (2) It is the intent of the members that, by entering into this intergovernmental agreement, they do not waive and are not waiving any immunity or other limitation on liability provided to the members or their officers or employees by any law. (3) No waiver by a member of any immunity or other limitation on liability provided to the member or its officers or employees by any law shall expand the coverages established by the Board. No member shall waive any such immunity or other such limitation on liability without first notifying CIRSA in writing. ARTICLE V. CIRSA Powers. (1) The powers of CIRSA to perform and accomplish the purposes set forth above shall, within the budgetary limits of CIRSA and subject to the procedures set forth in these Bylaws, be the following: Page 2: As Amended June 17, 2009 (a) To retain agents, employees and independent contractors. (b) To purchase, sell, encumber and lease real property and to purchase, sell, encumber or lease equipment, machinery, and personal property. (c) To invest funds as allowed by Colorado statutes. (d) To carry out educational and other programs relating to risk management and loss control. (e) To create one or more loss funds, and to purchase reinsurance, excess insurance and/or stop loss insurance. (f) To establish reasonable and necessary loss control standards and procedures to be followed by the members. (g) To provide risk management and claim adjustment or to contract for such services, including the defense and settlement of claims. (h) To carry out such other activities as are necessarily implied or required to carry out the purposes of CIRSA or the specific powers enumerated in these Bylaws. (i) To sue and be sued. 0) To enter into contracts. (k) To reimburse directors for reasonable and approved expenses, including expenses incurred in attending Board meetings. (1) To purchase fidelity bonds from an insurance company approved by the Insurance Commissioner of Colorado to do business in Colorado. (m) To process claims, investigate their validity, settle or defend against such claims within established financial limits, tabulate such claims, costs and losses and carry out other assigned duties. ARTICLE V.5. Services to Nonmembers. (1) CIRSA may provide to nonmembers, by intergovernmental agreement, one or more services pertaining to or associated with insurance or self-insurance, loss control, risk management, and claims administration, if such services will not adversely affect the tax exempt status of CIRSA. (2) The nonmembers to which the services described in paragraph (1) above may be provided shall be limited to governmental entities which are defined as "public entities" under Page 3 : As Amended June 17, 2009 24-10-103(5), C.R.S., and which are authorized to enter into an intergovernmental agreement for such services pursuant to 29-1-201 et seq., C.R.S. (3) The intergovernmental agreement described in paragraph (1) above shall comply with 29-1-203(2), C.R.S., and shall be approved by the Board and by the governing body of the nonmember governmental entity to whom the services described in paragraph (1) are to be provided. (4) Neither the property and liability coverages authorized by 24-10-115.5 and 29-13- 102, C.R.S., nor the workers' compensation coverages authorized by 8-44-10.1(1)(c) and 8-44- 204, C.R.S., shall be provided except to entities which meet the requirements for membership in CIRSA and which properly adopt and execute these Bylaws. ARTICLE VI. Participation. (1) The membership of CIRSA shall be limited to the following entities which properly adopt and execute this intergovernmental agreement: (a) Any municipality which is a member of the Colorado Municipal League; (b) Any city and county which is formed as a result of a change in the status of a CIRSA member from a municipality to a city and county, except that the continued membership of any such member after such a change in status shall be subject to Board approval in the same manner as set forth in subsection (6) of this section for a new member, and shall also be subject to notice to and action by the membership in the same manner as set forth in subsection (7) of this section for a new member; and (c) 'Any other entity which meets all of the following requirements: 1. The entity is a "public entity" as said term is defined in C.R.S. 24- 10-103 (5), as from time to time amended, other than the state, a county, a city and county, or a school district; 2. The entity has, throughout the term of its membership, an intergovernmental agreement in effect with a member municipality for the provision of one or more functions, services, or facilities lawfully authorized to both the entity and the municipality, and such member municipality consents to the entity's participation; 3. , Participation by the entity is permitted by applicable state law; and 4. Participation by the entity will not adversely affect the tax-exempt status of CIRSA. (2) An entity which ceases to have in effect an intergovernmental agreement with a member municipality as required by Section VI.I.b.2 shall cease to be a member as of the last day of the claim year in which the entity ceased to have such agreement in effect. Page 4: As Amended June 17, 2009 (3) No representative of any entity other than a member municipality may serve on the Board. (4) Notwithstanding any other provision of these Bylaws, no proposed amendment to these bylaws to permit a representative of any entity other than a member municipality to serve on the Board shall be effective unless approved by at least two-thirds of the municipalities which are memb--rs of CIRSA. (5) A member may participate in CIRSA for either or both of the following purposes: (a) The property and liability coverages authorized by 24-10-115.5 and 29-13- 102, C.R:S., as amended, and claims services, loss control services, and risk management services related to such coverages; and (b) The workers' compensation coverages authorized by 8-44-101(1)(c) and (3) and 8-44-204, C.R.S., as amended, and claims services, loss control services, and risk management services related to such coverages. (6) New members may be admitted only by a vote of the Board, subject to the payment of such sums and under such conditions as the Board shall in each case or from time -to - time establish. (7) The members shall be notified in writing of each proposed new member. Ten percent (10%) of the members may request a membership meeting to consider admission of a new member. The request shall be in writing and must be received at the CIRSA offices no later than fifteen (15) days after mailing of the notice. If such request is received within the fifteen- (15) day period, a membership meeting shall be called by the Chairman and the new member shall be admitted only by a two-thirds (2/3) vote of the members present at the meeting. A member may waive its right to receive notification of proposed new members pursuant to this section. The waiver shall be in writing and'shall be signed by the mayor or manager or, if there " is no manager, the clerk. Such a waiver by a member shall not prevent it from requesting a membership meeting to consider, or from taking any other action under these Bylaws concerning, the admission of a new member. (8) A member who is participating in CIRSA for one of the purposes set forth in section (5) of this Article may be authorized to participate in CIRSA for the other of those purposes by a vote of the Board, subject to the payment of such sums and under such conditions as the Board shall in each case or from time -to -time establish. Compliance with the provisions of section (7) of this Article shall not be required in connection with the authorization unless such compliance is made a condition of the authorization by a vote of the Board. ARTICLE VII. Members' Powers and Meetings. (1) The members at a meeting thereof shall have the power to: (a) Elect Directors by vote of the members present at the annual meeting. Page 5: As Amended June 17, 2009 (b) Amend the Bylaws by a two-thirds (213) vote of the members present at a meeting. Notice of any proposed Bylaw amendment shall be mailed to each member at least fifteen (15) days in advance of the vote thereon. An amendment shall take effect immediately unless otherwise provided in the amendment or in the motion to approve the amendment. No Bylaw amendment shall apply to or affect any member which withdraws from CIRSA within fifteen (15) days after approval of the Bylaw amendment and notifies the Board in writing, within such fifteen (15) day period, of its opposition to the Bylaw amendment. (c) Decide an appeal from an expulsion decision as provided in Article XV, and admit members as provided in Article VI. (d) Remove a Director by a two-thirds (213) vote of the members present at a meeting. Notice of the proposed removal of a Director shall be mailed to each member at least fifteen (15) days in advance of the vote thereon. (2) Meetings of the members shall be held as follows: (a) Members shall hold at least one membership meeting annually at a time and place to be set by the Board, with notice mailed to each member at least fifteen (15) days in advance. At least one of said membership meetings shall be held between June 1 and June 30 of each year. (b) Special meetings shall be held if called by the Board or by a written petition of thirty percent (30%) of the members. Notice of special meetings shall be mailed to each member at least fifteen (15) days in advance. (c) The Chairman of the Board will preside at the meetings. (d) Thirty percent (30%) of the total number of members of CIRSA as of the date of any meeting shall constitute a quorum to do business during that meeting. (e) No absentee or proxy voting shall be allowed. (f) Each member shall be entitled to one vote on each issue. (2.5) (a) Notwithstanding any other provision of these Bylaws, in order to accommodate the meeting date provided for in article VII(2)(a), the terms of office of Directors who are elected in December, 2002 shall continue only until June, 2004, and the terms of office of Directors who were elected in December, 2001 shall continue only until June, 2003. (2.5) (b) This subsection 2.5 is repealed effective December 31, 2003. ARTICLE VIII. Obligations of Members. (1) The obligations of members of CIRSA shall be as follows: Page 6: As Amended June 17, 2009 (a) To pay promptly all annual and supplementary contributions and other payments to CIRSA at such times and in such amounts as shall be established by the Board pursuant to these Bylaws. Any delinquent payments shall be paid with interest which shall be equivalent to the prime interest rate on the date of delinquency of the bank which invests the majority of the CIRSA funds. Payments will be considered delinquent forty-five (45) days following the due date. (b) To designate in writing, signed by the Mayor or Manager or, if there is no Manager, the Clerk, a voting representative and alternate for the members' meetings. A member's voting representative must be an employee or officer of the member, but may be changed from time -to -time. (c) To allow CIRSA and its agents, officers and employees reasonable access to all facilities of the member and all member records, including but not limited to financial records, as required for the administration of CIRSA. (d) To allow CIRSA and attorneys designated by CIRSA to represent the member in the investigation, settlement and litigation of any claim made against the member within the scope of loss protection furnished by CIRSA. (e) To cooperate fully with CIRSA's attorneys, claims adjusters and any other agent, employee, or officer of CIRSA in activities relating to the purposes and powers of CIRSA. (f) To follow the loss control standards and procedures adopted by the Board. (g) To report to CIRSA, in such form and within such time as CIRSA may require, all incidents or occurrences which could reasonably be expected to result in CIRSA being required to cover a claim against the member, its agents, officers, or employees, or for casualty losses to municipal property, within the scope of coverages undertaken by CIRSA. (h) To maintain an active safety committee, safety coordinator, or safety contact. (i) To report to CIRSA, in such form and within such time as CIRSA may require, the addition of new programs and facilities or the significant reduction or expansion of existing programs and facilities or other acts which will cause material changes in the member's potential loss. 0) To provide CIRSA, in such form and within such time as CIRSA may require, a completed renewal application. (k) To participate in coverage of losses and to pay contributions as established and in the manner set forth by the Board. (1) To the extent permitted by law, each member shall prevent its officers, employees and attorneys from representing voluntarily any person or entity or providing Page 7: As Amended June 17, 2009 voluntarily any expert testimony or other assistance to any person or entity in any tort claim made or tort action brought against any other member or against any officer, employee or attorney of another member for action taken as an officer, employee or attorney of such other member. 'The obligation imposed by this paragraph shall not apply where such claim is made or action is brought by a member itself or by an officer or employee thereof acting in an official capacity. ARTICLE IX. Contributions. (1), It is the intention of CIRSA to levy contributions from the members as established by the Board. (2)' (a) The contributions may include contributions to a reserve fund. The reserve fund may be used only to pay claims; and expenses related thereto, accepted by the Board pursuant to Article XI (1)(r) for which previous contributions for a claim year are insufficient. (b) If the reserve fund is so used, the proportionate shares in the reserve fund of those members and former members which were members during the claim year for which claims were paid from the reserve fluid shall be correspondingly reduced and the Board shall promptly determine, pursuant to policies adopted by the Board for replenishment contributions, whether replenishment of the reserve fund is necessary and, if so, the allocation among members and former members and the amount and timing thereof (c) All members and former members, by virtue of their membership during any claim year, waive the right to assert that the levy of replenishment contributions pursuant to this Article for such claim year is barred by any statute of limitations. (3) The Board shall annually review and report to the members the contributions to the reserve fund, the earnings thereon and the expenditures therefrom. The Board shall credit members and former members making such contributions, in the same proportions as the contributions were made, all amounts in excess of the amounts which the Board reasonably determines to be necessary to pay claims and expenses related thereto, including sufficient funds for payments which might be made pursuant to Article XI (1)(r). Credits to members may be made in the form of credits against future contributions or in the form of payments, as the Board shall determine. Credits to former or withdrawing members shall be made in the form of payments. No credit shall be given or paid to any member or former or withdrawing member which owes any amount to CIRSA until the amount owing is paid, and any credit or payment to be made under this Article IX (3) may be used to pay such amount. (4) Any money contributed to any loss fund or for the administrative expenses of CIRSA and not needed for loss fiend purposes or administrative expense purposes may be credited to the reserve fund or may be as credited to members and former or withdrawing members, or both, in the manner determined by the Board, except otherwise specifically provided in these Bylaws or in policies adopted by the members as authorized in these Bylaws. Credits to members may be made in the form of credits against future contributions or in the Page 8: As Amended June 17, 2009 form of payments, as the Board shall determine. Credits to former or withdrawing members shall be made in the form of payments. All credits shall be in similar proportions as the contributions paid by the members. The Board shall reasonably determine whether money is available for reserve fund credit or contribution credit, or both, and the timing, proportions, and amounts thereof. (5) No loss fund created for the property and liability coverages authorized by 24-10- 115.5 and 29-13-102, C.R.S., as amended, shall be combined or commingled with any loss fund created for the workers' compensation coverages authorized by 8-44-101(1)(c) and (3) and 8-44- 204, C.R.S., as amended. ARTICLE X. Board of Directors. (1) The Board shall be composed of seven (7) Directors, each from a different member. Directors will be elected from among the members' voting. representatives. There will be: (a) Two Directors, each from a different member under ten thousand (10,000) population. (b) Two Directors, each from a different member of ten thousand (10,000) to forty thousand (40,000) population. (c) Two Directors, each from a different member above forty thousand (40,000) population. (d) One Director at large. (2) Every year population will be determined by the most current' available population figures provided by the state Department of Local Affairs. (3) The election of .Directors will be made by the members at the membership meeting to be held between June 1 and June 30 of each year. A Director shall assume office at the first Board meeting held after the election. (4) Terms of the Directors will be two -year -staggered terms. (5) Notwithstanding subsections (3) and (4) of this section, commencing with the terms of office of Directors elected at the June, 2010 election, terms of Directors will be four- year -staggered terns, and Director elections shall be held in even -numbered years. In order to maintain staggered terms, terms of office of Directors elected at the June, 2009 election shall be three-year terms. (6) A vacancy shall exist when a Director resigns, is no longer the member's voting representative, dies, or is removed by the members pursuant to these Bylaws. Page 9: As Amended June 17, 2009 (7) No person shall be removed from office as a Director by reason of any change, during the term of office for which such person was elected or appointed, in the population categories described in (1)(a),(b) and (c) of this Article or in the population of the Directors municipality. ARTICLE XI. Powers and Duties of the Board of Directors. (1) The Board has the following powers, in addition to any other powers set forth in these Bylaws: (a) To elect during the first Board meeting held after the election as provided in Article X(3), a chairman, vice chairman, secretary/treasurer and other officers as appropriate. Each officer shall serve until his or her successor is elected, but there shall be no limit on the number of terms served by any person. (b) To admit new members as provided in Article VI and to adopt criteria for - new members. (c) To establish contributions to be paid by the members, at such time or times and in such amounts as the Board deems appropriate for the operation of CIRSA and as necessary to ensure the solvency and avoid impairment of CIRSA. (d) To establish the types of losses to be covered, the limits of liability, and the types of deductions which CIRSA provides. (e) To select all service providers necessary for the administration of CIRSA. (f) To set the dates, places and provide an agenda for Board and members' meetings. (g) To fill vacancies in the Board by majority vote of the remaining Directors for the unexpired term. (h) " To exercise all powers of CIRSA except powers reserved to the members. (i) To hire and discharge personnel or to delegate such authority to the Executive Director. 0) To provide for claims and loss control standards and procedures, to establish conditions which must be met prior to the payment or defense of a claim, and to deny a claim or the defense of a claim if the conditions are not met. (k) To provide for the investment and disbursement of funds. (I) To establish rules governing its own conduct and procedure and the powers and duties of its officers, not inconsistent with these Bylaws. Pagel 0: As Amended June 17, 2009 (m) To issue subordinated debentures consistent with applicable requirements of the Insurance Commissioner of Colorado. (n) To form committees and provide other services as needed by CIRSA. The Board shall determine the method of appointment and terms of committee members. (o) To do all acts necessary and proper for the operation. of CIRSA and implementation of these Bylaws subject to the limits of the Bylaws and not in conflict with these Bylaws. (p) Dissolve CIRSA and disburse its assets by a two-thirds (213) vote of the entire membership provided that a notice of intent to dissolve CIRSA shall be given to the Insurance Commissioner at least ninety (90) days prior to the effective date. No such plan to dissolve CIRSA shall be effective until approved by the Insurance Commissioner. Upon dissolution of CIRSA, the assets of CIRSA not used or needed for the purposes of CIRSA, as determined by CIRSA and subject to approval by the Insurance Commissioner, shall b-- distributed exclusively to municipalities which are members of CIRSA prior to dissolution to be used for one or more public purposes. (q) To delegate to the Executive Director, by motion approved by the Board, any of the Board's powers and duties, except that the Board may not so delegate its powers to elect officers, admit new members, establish contributions by the members, fill vacancies in the Board, adopt CIRSA's budget, establish conditions which must be met prior to the payment or defense of a claim, or dissolve CIRSA. (r) Notwithstanding ,any other provision of these Bylaws or any limitation on CIRSA coverages, for any claim year since the inception of CIRSA the Board may pay those claims and expenses related thereto which would otherwise be denied for the reason that payment would exceed any applicable specified aggregate limit and available insurance or reinsurance. Any such payment shall be made only from a reserve fund established pursuant to Article IX (2), shall not exceed the amount in the reserve fund, shall be subject to the conditions and requirements of Article IX (2), and shall be consistent with such policy as the members may adopt by a two-thirds (2/3) vote of the members present at a meeting. (s) To make reports to the members at member meetings or otherwise. (t) To impose a reasonable fee on a former member for the costs of administration which pertain to that member and which arise after the conclusion of the membership. Such fee may be billed against and deducted from any surpluses that would otherwise be credited to the former member pursuant to Article IX, or may be billed to the former member. (2) The Board has the following duties, in addition to any other duties set forth in these Bylaws: Page 11: As Amended June 17, 2009 (a} To prepare, adopt, and report CIRSA's budget to the members. (b) To make reports to the members at their meetings. (c) To provide to members annually an audit of the financial affairs of CIRSA to be made by a Certified Public Accountant at the end of each fiscal year in accordance with generally accepted auditing principles and state law. (d) To provide to members annually an annual report of operations. (e) To adopt a policy describing those CIRSA documents and records which are available to CIRSA members and to the public and any limitations thereon. (f) To provide for payment of covered claims and expenses related thereto in the order in which the amounts become due, until any applicable specified aggregate limit and insurance or reinsurance available for such payment is depleted. ARTICLE. XII. Meetinas of the Board of Directors. (1) The Board may set a time and place for regular meetings which may be held without further notice, and shall establish procedures for notice of special meetings. (2) Four (4) Directors shall constitute a quorum to do business. All acts of the Board shall require a majority vote of the Directors present. (3) One or more or all Directors on the Board may participate in any meeting of the .Board by means of a conference telephone or similar communications equipment by which all persons participating in the meeting can communicate with each other at the same time. Participation by such means shall constitute presence at the meeting. No such meeting shall be held unless diligent effort is made to notify all Board members. (4) Any action of the Board may be taken without a meeting if consent in writing setting forth the action so taken is signed by all Directors then serving on the Board. Such consent shall have the same effect as a unanimous vote and may be executed in counterparts. ARTICLE XIIL Liabili1y of Board of Directors or Officers. The Directors, officers and committee members of CIRSA should use ordinary care and reasonable diligence in the exercise of their powers, and in the performance of their duties hereunder; they shall not be liable for any mistake of judgment or other action made, taken or omitted by them in good faith; nor for any action taken or omitted by any agent, employee or independent contractor selected with reasonable care. No Director, officer, or committee member shall be liable for any action taken or omitted by any other Director, officer or committee member. CIRSA shall obtain a bond or other security to guarantee the faithful performance of each Director's, officer's and the Executive Director's duties hereunder. CIRSA may use any loss fund to defend and indemnify any Director, officer, committee member or employee for any action made, taken, or omitted by any such person in good faith within the scope of his or her authority for any CIRSA, or may pay Page 12: As Amended June 17, 2009 for or reimburse the reasonable expenses, including liability expenses and attorneys' fees, incurred by any such person who is a party in a proceeding resulting from such an action, in advance of the final disposition of the proceeding, but any such payment or reimbursement shall be repaid to CIRSA if it is determined that the action was not made, taken, or omitted in good faith or was not within the scope of his or her authority for CIRSA. CIRSA may purchase or otherwise provide for insurance coverage for such Directors, officers, committee members and employees. ARTICLE XIV. Withdrawal from Membershi (1) Any member may withdraw from CIRSA by giving prior notice in writing to the Board of the prospective effective date of its withdrawal. (2) If the effective date of a member's withdrawal is a date other than a January 1, the withdrawing member shall not be entitled to receive any refund of contributions made for administrative costs for the claim year of withdrawal. The withdrawing member shall be entitled to receive within forty-five (45) days after the effective date of withdrawal, a proportionate return of its contribution to any loss fund. (3) If the effective date of a member's withdrawal is January 1 but the member's written notice of withdrawal is received by CIRSA more than thirty (30) days after the date on which CIRSA mailed a preliminary quote of the contribution to be assessed the member for the year beginning on that January 1, the withdrawing member shall be obligated to pay its share of CIRSA's administrative costs for the year beginning on that January 1. However, if the preliminary quote is mailed by CIRSA prior to September 1, members shall not be obligated for future claim year administrative costs if the member's written notice of withdrawal is received by CIRSA on or before the October 1 preceding the January I renewal date. (4) The members may, by a two-thirds (2/3) vote of the members present at a meeting, adopt or amend a policy establishing additional conditions applicable to members which withdraw. ARTICLE XV. Expulsion of Members. (1) A member which fails to make any contribution or other payment due to CIRSA shall be automatically expelled from CIRSA on the sixtieth (60th) day following the due date, unless time for payment is extended by the Board and payment is made within any extended period. A notice of failure to make a contribution or other payment due to CIRSA shall be mailed to the member at least thirty (30) days prior to the first date of automatic expulsion. If time for payment is extended by the Board and payment is not made within any extended period, the automatic expulsion shall occur on a date no later than twenty (20) days after the last day of the extended period set by the Board. An expulsion under this subsection (1) shall not be subject to the provisions of subsection (2). (2) A member may be expelled by the Board for failure to carry out any other obligation of the member subject to the following: Page 13: As Amended June 17, 2009 (a) The member shall receive notice from the Board of the alleged failure and not less than thirty (30) days in which to cure the alleged failure, along with notice that expulsion may result: if the failure is not so cured. (b) The member shall receive at least thirty (30) days prior notice from the Board of tie date, place and time when the Board will consider expelling the member from the pool, and the member shall be entitled to be present at that meeting and to present evidence and reasons why it should not be expelled. The decision of the Board shall be effective as of the date and upon the terms and conditions set forth in the Bylaws and applicable excess or reinsurance policies and as otherwise specified by the Board, except as provided in paragraph (c) of this Article XV (2). (c) The member may appeal the Board's decision to the membership. Notice of the appeal shall be provided to each member. The appeal shall be considered by the members only if twenty percent (20%) of the members request the Board, in writing, to schedule a membership meeting on the appeal; otherwise the appeal shall be considered denied. If the appeal will be considered by the members, the Chairman of the Board shall schedule a membership meeting and each member, including the appealing member, shall be provided at least ten (10) days prior written notice of the date, time and place of the meeting. The appealing member shall be entitled to be present at the meeting and to present evidence and reasons why it should not be expelled and the Board may present evidence and reasons why expulsion is proper. The appealing member shall not be counted in determining the number of votes required, nor shall the appealing member be entitled to vote on the appeal. The decision of the members shall be by majority vote of those present at the meeting and shall be final, and any expulsion shall be effective as of the date and upon the terms and conditions set forth in the Bylaws and applicable excess or reinsurance policies, and as otherwise specified by the members. (3) The members may, by a two-thirds (2/3) vote of the members present at a meeting, adopt or amend a policy establishing requirements applicable to members which are expelled. ARTICLE XVI. Conditions of Withdrawal and Expulsion. (1) A withdrawn or expelled member shall remain obligated for all amounts owing prior to withdrawal or expulsion from CIRSA and for all amounts which thereafter become owing pursuant to CIRSA Bylaws and policies adopted by the members which are in effect at the time of withdrawal or expulsion including, but not limited to, contributions levied pursuant to Article IX (2) of the CIRSA Bylaws. (2) A withdrawn or expelled member is considered a member of CIRSA for the purpose of payment of the member's claims and expenses related thereto which remain covered under the terms of CIRSA's excess policies. A withdrawn or expelled member shall remain subject to all conditions of coverage and obligations of a member under CIRSA Bylaws, insurance or reinsurance policies, and policies.adopted by the members which are in effect at the Page 14: As Amended June 17, 2009 time of withdrawal or expulsion. A withdrawn or expelled member shall have no right to vote on any matter pending before the. CIRSA membership. (3) Except as otherwise provided in these Bylaws: (a) A withdrawn member shall retain all rights of a withdrawn member under CIRSA Bylaws and policies adopted by the members which are in effect at the time of the withdrawal; (b) An expelled member shall retain all rights of an expelled member under CIRSA Bylaws and policies adopted by the members which are in effect at the time of the expulsion; and (c) No withdrawn or expelled member may be adversely affected by any change in such Bylaws or policies adopted subsequent to the effective date of the member's withdrawal or expulsion. (4) An expelled member shall have no right to be credited for any amounts pursuant to Article IX (3) or (4) of the Bylaws. Any such amounts that would have been credited but for the expulsion shall be redistributed among those members who were members on the effective date of such member's expulsion, in similar proportions as the contributions paid by those members. (5) Unless disapproved by an affected insurance or reinsurance carrier, CIRSA shall offer a withdrawing member, no later than forty-five (45) days after CIRSA's receipt of the written notice of withdrawal, at least twenty-four (24) months of extended reporting period on any claims -made coverage provided through CIRSA, at a cost reasonably calculated by CIRSA and subject to any contract terms existing at withdrawal. ARTICLE XVIL General. (1) This document shall constitute an intergovernmental contract among the members of CIRSA. The terms of this contract may be enforced in'court by CIRSA itself or by any of its members. (2) The consideration for the duties herewith imposed upon the members to take certain actions and to refrain from certain other actions shall be based upon the mutual promises and agreements of the members set forth herein. (3) A certified copy of the ordinance, resolution or other document of approval for each member, accompanied by an attorney's certification of proper authority and adoption, shall be attached to the original Bylaws on file with CIRSA. These Bylaws may be executed in counterparts. (4) Except to the extent of the limited financial contributions to CIRSA agreed to herein or such additional obligations as may come about through amendments to these Bylaws, Page 15: As Amended June l 7, 2009 no member agrees or contracts herein to be held responsible for any claims in tort or contract made against any other member. The contracting parties intend in the creation of CIRSA to establish an organization only within the scope herein set out, and have not herein created as between member and member any relationship of surety, indemnification or responsibility for the debts of or claims against any other member. (5) In the event that any article, provision, clause or other part of these Bylaws should be held invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability with respect to other articles, provisions, clauses, applications or occurrences, and these Bylaws are expressly declared to be severable. ATTES .Qa64 �TcAc v L cc c� Nance Title a2--10- I ) Date Page 16: As Amended June 17, 2009 fq CZ \/ U r Title cJ w n City/Town Date a-10--/1 RESOLUTION NO. 11 - 04 A RESOLUTION SUPPORTING A GRANT APPLICATION FROM THE TOWN FOR A LOCAL PARKS AND OUTDOOR RECREATION GRANT FROM GREAT OUTDOORS COLORADO TO IMPROVE ONORATO PARK IN A MANNER CONSISTENT WITH THE ONORATO PARK MASTER PLAN WHEREAS, the Firestone Parks and Trails Advisory Board has developed, with citizen input, a Master Plan for Onorato Park that was adopted by the Firestone Town Board; and WHEREAS, Onorato Park is in great need of improvements in order to best serve the community, but the Town's ability to currently fund such improvements is limited; and WHEREAS, the Firestone Parks and Trails Advisory Board supports the Onorato Park Improvements, and has forwarded to the Board of Trustees a recommendation of support; and WHEREAS, the Town of Firestone has requested up to one hundred thirty two thousand seven dollars ($132,007.00) from Great Outdoors Colorado to improve Onorato Park in a manner consistent with the Onorato Park Master Plan; and WHEREAS, the Board of Trustees by this Resolution desires to confirm its support for the Onorato Park Improvements and authorize the expenditure of matching and other funds for the Project; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby supports a grant application to the State Board of Great Outdoors Colorado for a Local Parks and Outdoor Recreation Grant to improve Onorato Park in a manner consistent with the Onorato Park Master Plan and has appropriated matching funds for a grant with Great Outdoors Colorado. Section 2. The Board of Trustees authorizes the expenditure of funds necessary to meet the matching funds requirement of any Grant awarded on the application and to meet the terms and obligations of any Grant awarded. Section 3. The project site is owned by the Town of Firestone and will be owned by the Town of Firestone for the next 25 years. Section 4. The Board of Trustees of the Town of Firestone will continue to maintain Onorato Park in a high quality condition and will appropriate funds for maintenance in its annual budget. Section 5. The Town of Firestone has the ability to complete the Onorato Park Improvements project and has demonstrated this ability in completion of Phase 1 of the Firestone Sports Complex in 2008 and completion in 2007 of the St. Vrain Park West (i.e. Harney Park). Section 6. This resolution to be in full force and effect from and after its passage and approval. INTRODUCED, READ, AND ADOPTED this 24th day of February, 2411. ATTEST: TOWN OF FIRESTONE, COLORADO 114�1 Chad Auer Mayor epF\RES roti � ram' rpWni 'ti;� SEA �1 o F) RESOLUTION NO. i [' C 5 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT FOR ROADWAY IMPROVEMENTS TO WELD COUNTY ROAD 7 AND ZINNIA AVENUE WHEREAS, there has been proposed an Intergovernmental Agreement ("Agreement") between the Town of Firestone and the County of Weld to make improvements to Zinnia Avenue and Weld County Road 7 from Weld County Road 7 to Mead High School and to share in the construction costs of such improvements; and WHEREAS, such Agreement sets forth the agreement of the Town and the County regarding the construction of the improvements and sets forth the rights, obligations, and responsibilities of the Town and the County, financial and otherwise; and WHEREAS, the Town is authorized to enter into such Agreement and finds that such Agreement is in the best interests of the Town and its citizens. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The proposed Intergovernmental Agreement for Roadway Improvements to Weld County Road 7 and to Zinnia Avenue (the "Agreement") between the Town of Firestone and the County of Weld, 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 on behalf of the Town, 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 f�(�h _ , 2011. TOWN OF FIRESTONE, COLORADO -�Ghad *tzer }bawl Suren&_n ATTEST: Mayor _6441` y Hegtfod fF1or��F Town Clerk 3 IMI 1 9.35 AA7 [tgac] &/RF towRmhittoWA CR 7-Znuun ANr [GA-res RESOLUTION NO. [ 1 -06 A RESOLUTION SUPPORTING REGIONAL TRAILS COORDINATION AND PLANNING WITHIN WELD COUNTY WHEREAS, the Weld Trails Coordination Committee, an ad hoc collaborative representing jurisdictions, agencies and community organizations in Weld County, began meeting in mid-2008 to discuss planned and existing regional trails in Weld County in an effort to share in=ormation; and WHEREAS, recent data shows that Weld County residents are at risk for disease and negative health effects due to causes such as childhood obesity, heart disease, diabetes, and immobility; and WHEREAS, trails can be a design choice that promotes healthy, active living, the evidence of which has been documented. and supported by the Healthy Weld 2020/Livewell Weld County/Steps to Healthier Colorado programs administered by the Weld County Department of Public Health and Environment; and WHEREAS, economic benefits to trails are documented in a 2000 study by the Colorado Department of Transportation titled `Bicycling and Walking in Colorado: The Economic Impact and Household Survey Results," which found that the total economic benefit from bicycling in the state is more that $1 billion annually; and WHEREAS, recent transportation studies have indicated that transportation and recreational purposes are increasing total usage on urban trails, and, U.S. Census data show that more Colorado adult workers are using bicycles to commute to work compared to ten years ago (i.e., between 2000 and 2001 there was a 50% percent increase in the number of workers using bicycles to get to work); and WHEREAS, the rights and benefits to private landowners, individual citizens, and organizations are recognized and respected, and the Weld Trails Coordination Committee fully supports those rights in regards to trail planning, and to involve and engage all landowners and the public, should specific plans and proposals be considered for trails or trail corridors in a particular locale; and WHEREAS, many of the cities and towns in .Weld County, and the County itself, have adopted goals and policies supporting the development and maintenance of trails in order to provide opportunities for recreation, transportation, and tourism; and WHEREAS, the Weld Trails Coordination Committee focuses on advancing and coordinating the connectivity of non -motorized trails between jurisdictions, acts as an advocate voice fo- the education of trail use for recreation, transportation, and tourism purposes throughout Weld County, and functions as a catalyst to influence the creation of a regional guideline document that offers common language to promote and enlarge a system -wide master plan for Weld County; and 1 WHEREAS, the Firestone Parks and Trails Advisory Board supports the Weld Trails Coordination Committee; and WHEREAS, the Board of Trustees by this Resolution. desires to confirm its support for the Weld Trails Coordination Committee. NOW, THE BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Town of Firestone's willingness to support efforts to develop regional trails in unincorporated and incorporated areas throughout Weld County is in the best interest and shall benefit the health, safety, and welfare of citizens of the Town of Firestone; and Section 2. The Board of Trustees hereby accepts this Resolution of Support for the continued efforts of the Weld Trails Coordination Committee; and Section 3. The Town of Firestone agrees to participate in the Weld Trails Coordination Committee and in efforts to facilitate coordination and collaboration between jurisdictions throughout Weld County and between private and public entities attempting to develop regional trail corridors, including on -going regional discussion and planning; and Section 4. This resolution to be in full force and effect from and after its passage and approval. INTRODUCED, READ, AND ADOPTED this 24th day of March, 2011. TOWN OF FIRESTONE, COLORADO Paul Sorensen, Mayor Pro-tem Mayor ATTEST: FtR dy He oc own Clerk Qo 2 RESOLUTION NO. 1107 - A RESOLUTION AMENDING THE 2010 BUDGET BY INCREASING THE APPROPRIATIONS IN THE GENERAL FUND, THE DEBT SERVICE FUND, THE STORMWATER FUND, AND THE CONSERVATION TRUST FUND. WHEREAS, the Board of Trustees of the Town of Firestone on December 10, 2009 adopted a budget for the 2010 calendar year per Resolution 09-44, pursuant to and in accordance with the Local Government Budget Law; and WHEREAS, the Town has received additional revenues and transfers not anticipated at the time of adopting of the 2010 budget, or has available existing fund balances; and WHEREAS, based on the foregoing, a need exists to appropriate additional sums of money in the General Fund, the Debt Service Fund, the Stormwater Fund, and the Conservation Trust Fun,; and WHEREAS, the Board of Trustees has published notice of and held a hearing upon the supplemental appropriations and amendments to the 2010 budget authorized by this Resolution; and WHEREAS, the amended 2010 budget, as revised by this Resolution, 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 2010 General Fund appropriation is hereby 'increased by $364,449.00, such expenditures corresponding to the recording of the reduction of the amounts due under the Public Improvements Reimbursement Agreement and the Retail Infrastructure Funding Agreement. The distribution of the supplemental appropriation is as follows: Revenues Account if Amount Sales Taxes 1000-314005 $364,449.00 Expenditures Account 4 Amount Debt Service 1000-490000-650 $139,274.00 Transfer to Water Fund 1000-521000-820 $225,175.00 Section 2. That the 2010 Debt Service Fund appropriation is hereby increased by $815.00, such expenditures corresponding to unanticipated expenditures. Such increased appropriation is funded by existing fund balance as allowed by State statutes. The distribution of the supplemental appropriation is as follows: . 1 Expenditures Account # Amount Issuance & Financing 3000-490000-630 . $815.00 ,Section 3. That the 2010 Stormwater Fund appropriation is hereby increased by $165,962.00, such expenditures corresponding to unanticipated expenditures. Such increased appropriation is funded by existing fund balance as allowed by State statutes. The distribution of the supplemental appropriation is as follows: Expenditures Account # Amount Transfer to Cap Impr Fund 5250-521000-856 $165,962.00 Section 4..That the 2010 Conservation Trust Fund appropriation is hereby increased by $50,000.00, such expenditures corresponding to unanticipated expenditures. Such increased appropriation is funded by existing fund balance as allowed by State statutes. The distribution of the supplemental appropriation is as follows: Expen_d_itures Account # Amount Transfer to General Fund 7050-521000-823 $50,000.00 INTRODUCED, READ AND ADOPTED this i4& day ofAPO , 2011. . Attest: ,�W—t Al.(1 Ato Hegw d Town Clerk TOWN OF FIRESTONE, COLORADO Chad Auer Mayor 0 N�'� s�10 ,) fJ qQ ,:....... _, o IN rr RESOLUTION NO._ft7!a9 A RESOLUTION AMENDING THE FIRESTONE DEVELOPMENT REGULATIONS TO PERMIT FAMILY CHILD CARE HOMES IN ALL PLANNED UNIT DEVELOPMENT (PUD) LAND USE CATEGORIES WHEREAS, C.R.S. § 31-23-301, et seq. authorizes the Town to establish zoning districts and adopt zoning regulations; and WHEREAS, C.R.S. § 24-67-101, et seq. 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 Titles 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 permit family child care homes in all Planned Unit Development (PUD) land use categories; 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 by the addition of a new subsection H to read as follows: 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: I. Family child care homes provided that the maximum number of children and the age limitations for children to whom care is provided do not exceed the limitations set forth in the State of Colorado regulations for family child care homes, as amended from time to time. Section 2. Exhibit C of the Firestone Development Regulations, entitled "Definitions," is hereby amended by the addition of the following term to be inserted alphabetically into said section: Family child care home. A facility licensed by the State of Colorado that provides, on a regular basis in a place of residence, less than twenty -four-hour care for two or more children under the age of eighteen from different family households who are not related to the head of the household. A family child care home may include a regular family child care home, a three under two licensed home, an infant/toddler licensed home, a large child care home, or an experienced child care provider home all as defined by the State of Colorado Department of Human Services and all as amended from time to time. A family child care home shall be operated in compliance with all applicable Town ordinances and regulations, including but not limited to, all building, fire, and public safety codes adopted by the Town pursuant to Title 15 of the Code, and all applicable state statutes and regulations. Section 3. The definition of "child care facility" in Exhibit C of the Firestone Development Regulations, entitled "Definitions," is hereby amended to read as follows (words to be added are underlined): Child care facility. A commercial establishment for daily care or instruction of children, except that a "child care facility" shall not include a "family child care home" as defined in this Exhibit C. 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 1 a day of f e , 2011. TOWN OF FIRESTONE, COLORADO ,rzj I�L- Chad Auer, Mayor 2 ATTEST: RESOLUTION NO. 11-09 A RESOLUTION APPOINTING THE DRCOG REPRESENTATIVE AND THE DRCOG ALTERNATE REPRESENTATIVE FOR THE TOWN OF FIRESTONE WHEREAS, the Town of Firestone is a member of the Denver Regional Council of Governments (DRCOG); and WHEREAS, each member of DRCOG is entitled to designate an elected official to servc as a Member Representative and an elected official to serve as an Alternate Member Representative on the DRCOG Board of Directors; and WHEREAS, the Town previously appointed a Member Representative and an Alternate Member Representative to the DRCOG Board of Directors; and WHEREAS, the seat of Member Representative is currently vacant; and WHEREAS, the Town by this Resolution desires to appoint a Member Representative and a new Alternate Member Representative for the Town to the DRCOG Board of Directors; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section I. ' The Board of Trustees hereby appoints Trustee Kathryn. Ridenour as the Town's Member Representative to the DRCOG Board of Directors for the Town of Firestone, effective immediately and expiring at such time as such person is no longer a member of the Board of Trustees or a successor is appointed. Section 2. The Board of Trustees hereby appoints Trustee Matt Holcomb as the Town's Alternate -Member Representative to the DRCOG Board of Directors for the Town of Firestone, effective immediately and expiring at such time as such person is no longer a member of the Board of Trustees or a successor is appointed. Section 3. The above -named Member Representative 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 DRCOG's Board of Directors from time to time: The Alternate Member Representative shall serve in the event of the Member Representative's absence or inability to act, or as otherwise permitted by DRCOG. INTRODUCED, READ, and ADOPTED this 12th day of May, 2011. RESOLUTION NO. I I - 10 A RESOLUTION APPROVING A COORDINATED PLANNING AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND THE CITY OF LONGMONT WHEREAS, the Town of Firestone ("Firestone or "Town") and the City of Lorgmont ("Longmont") have both adopted comprehensive/master plans; and WHEREAS., there has been proposed an intergovernmental agreement entitled the "Coordinated Planning Agreement Between the Town of Firestone and the City of Longmont" (hereinafter the "Agreement"), a copy of which is attached hereto, which scope is limited to the Union -St. Vrain Planning Area as depicted in Exhibit A of the Agreement, which area falls entirely or partially within each municipality's comprehensive/master planning areas; and. WHEREAS, the purpose of the Agreement is to promote cooperation between the municipalities as it may relate to exchanging information regarding land use and development activities within their respective jurisdictional limits or revisions to their respective comprehensive/master plans with respect to the Union -St. Vrain Planning Area; and WHEREAS, the Board of Trustees has determined that it is desirable to cooperate with Longmont in responsible land use and growth .management to address increased needs and demands for municipal services; and WHEREAS, the Board of Trustees recognizes the need to provide for logical corporate boundaries and areas of municipal authority between Firestone and Longmont as well as to establish methods of cooperation with Longmont; and WHEREAS, the Town is authorized to execute the proposed Agreement pursuant to law, including Article 14, Section 18 of the Colorado Constitution and C.R.S. § 29-1-203, which authorizes .municipalities to enter into intergovernmental agreements among themselves, and more specifically for the purpose of planning or regulating development of land by the Local Government Land Use Enabling Act, C.R.S. § 29-20-105; and WHEREAS, pursuant to C.R.S. § 29-20-105, the. Board of' Trustees has held a public hearing on the proposed Agreement and has given notice of such hearing by publication; and WHEREAS, the Board of Trustees by this Resolution desires to approve the Agreement and authorize its execution; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The proposed Coordinated Planning Agreement Between the Town of Firestone and the City of Longmont ("Agreement"), a copy of which is attached hereto and incorporated.herein by this reference, is hereby approved.. 1 Section 2. The.Mayor is.:hereby authorized'to execute the: Agreement, and is further authorized to negotiate and approve on behalf of 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. IN'IR.ODUCED; READ,.:and; ADOPTED: this 9 . day of: 2011.. rA ;0 ATTEST: �OUNV� ` G TOWN-01 '- IRESTONE;. COLORADO C Chad Auer Mayor 2 lull still llh t1`1 ti1111111titi tlllll l�ti�titi111104:45P Weld County, order 3778858 17108110i1 858 1. 1.. of. 7 R 41.00 fl 0.00 Steve Moreno Clerk &...ec Coordinated Planning Agreement Between The Town Of Firestone and The City Of Longmont This agreement ("Agreement') is made and entered into this 1 " I day of L, &,t— , 2011 by and between .the Town of Firestone ("Firestone"), a mu ' ipal corporation in the State of Colorado, and the City of Longmont ("Longmont"), a municipal corporation in the State of Colorado. Firestone and Longmont, when referring to both, are also referred to herein as the "Parties" or "Municipalities." Either Party hereto may also be referred to separately as a "Municipality" or `Party." 1.0 Recitals 1.1 Whereas, units of local government are authorized by Article 14, Section 18 of the Colorado Constitution and C.R.S 29-1-203 to enter into intergovernmental agreements among themselves, and more specifically for the purpose of planning or regulating development of land by the Local Government Land Use Enabling Act, C.R.S. 29-20-105; and 1.2 Whereas, the corporate authorities of Firestone and Longmont have each adopted comprehensive/master plans, and 1.3 Whereas, the incorporated boundaries of Firestone and Longmont are contiguous in several locations; and 1.4 Whereas, in other locations, certain unincorporated property lies between Firestone and Longmont; and 1.5 Whereas, Firestone and Longmont state their intentions to cooperate in responsible land use and growth management to address increased needs and demands for municipal services; and 1.6 Whereas, Firestone'. and Longmont recognize the benefit of intergovernmental cooperation and the need to provide for logical corporate boundaries and areas of municipal authority between their respective municipalities; and 1.7 Whereas, Firestone and Longmont recognize the desirability of establishing methods of cooperation between their respective municipalities in order to plan effectively and efficiently for the orderly growth and potential development between their municipalities; and 1.8 Whereas, it is the intent of both Parties that by entering into this Agreement, cooperation will be promoted between the municipalities as it may relate to exchanging information regarding land use and development activities within their respective jurisdictional limits or revisions to their respective comprehensive/master plans; Now therefore, in consideration of the recitals herein it is hereby mutually agreed by and between Firestone and Longmont as follows: 1 11111111111111111111111 IN 1111111111111111111111111111 3778858 07/08/2011 04:45P Weld County, CO 2 of 7 _R 41.00 ra 0.00 Steve Moreno Clerk & Recorder 2.0 Union - St. Vrain Planning Area The area of interest where Firestone and Longmont have contiguous boundaries and unincorporated areas between the municipalities falls generally between Union Reservoir and the St. Vrain River in Weld County, Colorado. This mutual planning area shall herein be referred to as the "Union — St. Vrain Planning Area" or "Area". The Union — St. Vrain Planning Area falls entirely or partially within each municipality's comprehensivelmaster planning areas and is depicted on the map labeled Exhibit A. The scope of this Agreement is limited to the Union — St. Vrain Planning Area as depicted on the map labeled Exhibit A. 3.0 Annexation Policy Relative to the Union - St. Vrain Planning Area If either Party undertakes annexation in the Union — St. Vrain Planning Area, a notice shall be sent to the other Municipality within 15 days of receipt of a substantially complete annexation petition which conforms to Colorado State Statutes relative to annexation. This requirement may be satisfied by sending to the other Municipality a copy of the petition, as received. Notice shall also be provided to the other Municipality as required by C.R.S. 31-12-108 (2) regarding setting a public hearing for the annexation's conformance to statutory requirements. The respective Parties may comment on each other's annexation plans and activities according to the public hearing process for annexations. The comments of the respective Municipalities may be to support, oppose or to make comments regarding development plans with regard to the specifics of the property and what services may need to be provided. The comments from the Party receiving notice of annexation shall be made part of the record of the annexation hearing. The comments by either Party shall be given serious consideration, but are not binding. In addition, failure to comply with the notice requirements of this section of the Agreement shall not be grounds to invalidate any annexation process of either Party, nor shall this Agreement confer any rights of review not provided. for by C.R.S. 31-12-101 et seg. 4.0 Annexation Policy & Cooperative Matters Relative to Roads Should an annexation be proposed to either Municipality, the matter of annexing rights - of -way shall be an area where the Parties shall cooperate to strive for a logical. and rational plan for right-of-way management and maintenance. This provision is not intended to limit either Party's authority to annex rights -of -way for annexation contiguity purposes or for compliance with C.R.S. 31-12-105 (1)(f), or to otherwise annex right-of- way in accordance with C.R.S. 31-12-101 et sea. 4.1 Longmont supports the addition of Firestone to the parties of an intergovernmental agreement with regard to access management along SH 119 from Weld County Road 1 (County Line Road) to Weld County Road 5.5. 4.2 Longmont and Firestone shall participate in an update of the June 2007 transportation analysis titled "Weld County/Longmont/Mead Subarea Analysis." The goal of the update shall be to better assess primary roadway capacity needs based on current land planning information. 4.3 Firestone acknowledges that Longmont has plans and permits allowing for the expansion of Union Reservoir that includes the relocation of Weld County Road 26 as a component of the expansion. Firestone and Longmont agree to cooperate on a road alignment and. design necessary to accommodate the reservoir expansion and other 2 I 11111 IN 1111111111111111111111111111 ! 3778858 07/08/2011 04:45P Weld County, CO 3 ot7._ R..41.00 4 0.00 Steve Moreno Clerk & Recorder land uses adjacent to the roadway alignment. 4.4 Longmont and Firestone agree to cooperate to establish coordinated maintenance standards and responsibilities for Road 26 between County Line Road and Weld County Road 5. 4.5 Longmont and Firestone shall establish joint development standards, funding requirements and final design of Fairview Street from SH 119 to its intersection with Weld County Road 26. The Parties agree that Fairview Street shall be a Longmont street and will cooperate in securing the necessary right-of-way and having it annexed by Longmont; however, nothing in this Agreement requires the use of eminent domain by either Party or that either Party acquire right-of-way in the other Party's jurisdiction. Longmont agrees that Firestone shall be granted reasonable public street accesses on Fairview Street, with intersections spaced in accordance with the then current City of Longmont standards and specifications, and Longmont agrees this commitment by it shall survive any termination or expiration of this Agreement. 4.6 Firestone agrees to de -annex the portion of Weld County Road 26 from its current westernmost limit near Union Reservoir to the east edge of the Great Western Railroad right-of-way near the intersection with Weld County Road 5, as generally shown on Exhibit B. Subsequent to that action by Firestone, Longmont agrees to promptly annex the same. Longmont agrees that Firestone shall be granted reasonable public street accesses to such portion of Weld County Road 26, with intersections spaced in accordance with the then current City of Longmont standards and specifications, and Longmont agrees this commitment by it shall survive any termination or expiration of this Agreement. 4.7 The Parties may amend this Agreement or enter into further intergovernmental agreements, if necessary to implement road annexation, road improvement, or road maintenance objectives shared between the Parties. 5.0 Sewer Service Boundaries The Parties intend to cooperate with respect to Section 208 Water Quality Plan sewer service boundaries in accordance with this Agreement. 6.0 Minimum Development Standards The Parties agree that at a minimum they will require, to the extent allowed by law, that development within their jurisdictional boundaries comply with the applicable portions of their respective municipal codes relating to storm water drainage and detention, soil erosion and sedimentation control, stream and wetlands protection, floodplain regulations, and other public improvement standards such as those dealing with landscaping and parks. The foregoing shall not be construed to prohibit the processing of requests for variances, waivers or modifications to such codes, consistent with the applicable standards and procedures. Where necessary,' both parties agree to cooperate to reconcile applicable standards and best management practices for Federal NPDES and other related requirements where conditions may warrant in, along or near the Union — St. Wain Planning Area. 7.0 .point Impacts and Infrastructure Matters The Parties will jointly plan future road improvements for arterial roads and rights -of -way 91 that traverse or parallel both municipalities, insofar as they have the jurisdiction so to do SO. The Parties intend to cooperate in planning and constructing . linked bicycle/pedestrian trails between the municipalities and to connect with regional bicycle/pedestrian trail systems. Where appropriate, the parties may jointly undertake grant applications or improvements for bicycle/pedestrian trails or related projects. Firestone and Longmont agree to cooperate with each other to the extent possible (and with respective special districts) in planning for construction for future utilities, including but not limited to water and sewer lines, which are reasonably necessary to serve future development within their own borders and which are to be located in public rights -of -way or utility easements. Language in this section does not obligate either Party to construct specific capital or public improvements, to appropriate funds, or to acquire or dedicate rights -of —way or easements. 8.0 Notice of Development Proposals and Comprehensive/Master Plan Revisions The Parties agree to furnish to each other notice of all. formal petitions and/or applications for and proceedings regarding the annexing, .zoning, or subdividing of any parcel of land located within the Union - St. Vrain Planning Area established by this Agreement. Failure to furnish notice under this section shall not be grounds to invalidate any annexation, zoning, or subdivision process of either Party. 9.0 Statutory Rights Preserved This Agreement shall not be construed so as to limit or adversely affect the right of either municipality to file a statutory objection to any. proposed annexation, zoning, or subdivision or to limit or adversely affect any other extraterritorial right granted to them by Colorado law. 10.0 Effect on Other Parties or Boundary Agreements This Agreement is intended to describe rights and responsibilities only between the Parties. It is not intended to and shall not be deemed to confer rights to any persons or entities not named as parties hereto. Nothing contained in this Agreement shall be used or construed to affect, support, bind, or invalidate the. boundary claims of either Party insofar as they shall affect any municipality not a party to this Agreement. Nothing contained in this Agreement shall be construed to require Firestone or Longmont to annex any property or to provide any services to any land. Nothing contained in this Agreement shall be construed to entitle any Party, or any person, firm, partnership, or corporation claiming protection under or by virtue of the existence of this Agreement, to a judgment for monetary damages against either Party for violation of the terms of this Agreement. Each Party expressly waives any right to claim against the other Party any damages -for any breach or violation of this Agreement. 11.0 Agreement Amendments and Enforcement. This Agreement may be amended only by a mutual written agreement approved by the respective corporate authorities of both Parties. The provisions of this Agreement may be enforced by either Party against the other in any court of competent jurisdiction by means of either injunction or specific performance.. . 12.0 Severability If any provision of this Agreement shall be declared invalid or unenforceable for any reason by a court of competent jurisdiction -as to either Party or as to both Parties, such Ill/ till Illlllllllll lllllllllllllllllll I l � 37887788 58 Ill/ g7f08120ii 04:45P Weld County, CO 4 of 7 R 41.00 D 0.00 Steve Moreno Clerk & Recorder invalidation shall not affect any other provision of this Agreement which can be given effect without the invalid provision (except that if a requirement or limitation in such provision is declared invalid as to one Party, any corresponding requirement or limitation i shall be deemed invalid as to the other Party), and to this end, the provision of this fi Agreement are to be severable. o 13.0 Term of Agreement +~o This Agreement shall be valid and binding and in full force and effect from the date of iVANM" execution by both Parties for a five (5) year term. It may be extended for successive five-year periods through mutual written agreement approved by the respective corporate authorities of both Parties. �, o 14.0 Governing Law; Legal Challenges This Agreement shall be construed in accordance with the laws of the State of Colorado. lot Each Party shall be responsible for defending itself, its officers, and its employees in any ~Q suit brought against it by any person not party hereto claiming injury as a result of this i � o Agreement or its performance. The Parties may cooperate in the defense of any such ; �o 0 suit that is brought against both Parties. iComum o 15.0 Notices Notices shall be provided to the respective Party by first-class mail, postage prepaid as follows: I &R—M ccoo I Oulu o Town of Firestone City of Longmont Attn: Town Manager Attn: City Manager P.O. Box 100 Civic Center Complex 151 Grant Avenue 350 Kimbark St Firestone, CO 8.0520 Longmont, CO 80501 16.0 Recording and Availability of Agreement After mutual execution of this Agreement, Firestone shall record a certified copy of this Agreement with the Weld County Clerk & Recorder's Office. Longmont shall record a certified copy of this Agreement with the Boulder County Clerk and Recorder's Office. Each Party shall make available for public inspection, copies of this Agreement in their respective offices as provided by statute. IN WITNESS WHEREOF, the above Parties hereto have caused this Agreement to be executed the day and year first above written. City of Longmont Town of Firestone zJ Bryan Baum, Mayor Chad Auer, Mayor reES l C t Q -ro Attest: Valeria L. Skitt �, st: Jud f Hegwood 0 City Clerk, City of Lo t Town Clerk, Town of Fireston s. Exhibit A: Union - St. Vrain Planning Area 4-- W R 20 Union - St. Vrain Planning Area ­imit­ Firestone Planning Area ID Longmont Planning Area City of Longmont - Municipal Limits Town of Firestone - M u ni cipal Limits 5; 0 0.5 1 Miles LD � N WCR 18 I Mumil CADocuments and 5Ftt1nSs%fosdicke.DOM4JN I Wy DticuMents\GISMGAXMrestonejCiA-042011.md 3778858 07/0812011 04:45P Weld County, CC 6 of 7 R 41.00 D 0.00 Steve Moreno Clerk & Recorder EXISTING LONGMONT 71 x > - CITY LIMITS 1 N , WCR #26 to be De -Annexed r: from Firestone. yi UNION RE5 ,. rr qe r l �Y: rat - s or w Nt 5 r p p z ! + •yf(lb F if 1 � li� ". r` !.T' E � ��O.L:.„� �` ��-�T�Y i' � +i.� x � �a �yC +�3.TU �., e'�if �•• � r � 1 ♦ _ •[.f �.. A'N Fa4.-1� �1� �!' y . f ' � rt• •s i '• EXISTING FIRESTONE TOWN LIMITS _ p�,.� 4NI��� � " ', kt - I ci� � 1l1 �4'.Ik�� .�.. 5 � f�y�,,�¢¢yy E A r7 4•� 3 ��,��,tF„IZa�h� �ri6� ' ��:i '�+"�jj� f' 4.}� f'•S' Y��'� E CIL � (d. �',• `I1���o�N�.�■�,�s..■�..r..�rwr ��.�+_Jt.1'* � �T.u� � 4n�� T F tyF EXHIBIT B Firestone Longmont IGA, 2011 Date: 5116M III llll IIIII Illlll IIIII Ills Illlll llllll III 11111 IN 1111 3778858 07108/2011 04:45P Weld County, CO 7 of 7 R 41.00 D 0.00 Steve Moreno Clerk & Recorder RESOLUTION NO. /I - I( A RESOLUTION APPROVING AN AMUSEMENT LICENSE FOR CRABTREE AMUSEMENT TO OPERATE A CARNIVAL ON LOT 3 OF THE FIRESTONE SAFEWAY SUBDIVISION FROM JULY 2 TO 4, 2011 WHEREAS, the Board of Trustees has received an application for an amusement license from Crabtree Amusement requesting approval to operate a carnival on Lot 3 of the Firestone Safeway Subdivision from July 2 to 4, 2011; and WHEREAS, Town staff has reviewed the application, and found that, with conditions, it complies with Chapter 5.12 of the Firestone Municipal Code; and WHEREAS, the'Board of Trustees finds that the amusement license 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 an amusement license for Crabtree Amusement to operate a carnival on Lot 3 of the Firestone Safeway Subdivision (the "Property") from July 2 to 4, 2011, subject to the terms and ,condition set forth below: A. The hours of operation of the carnival shall be as follows: a. Saturday, July 2 from 10:00 a.m. to 11:00 p.m. b. Sunday, July 3 from 10:00 a.m. to 11:00 p.m. C. Monday, July 4 from 10 a.m. to 11:00 p.m. except for a break in operations from approximately 15 minutes before until the end of the veterans ceremony on July 4. B. The site shall be kept in a clean and sanitary condition, free from all junk, litter and debris, at all times and shall be returned to its original condition no later than July 7, 2011. Operator at its expense shall provide sufficient trash and restroom facilities on site. C. Any and all lighting to be placed upon the Property shall be non -intrusive so as not to constitute a nuisance to any neighboring properties. No lighting may be maintained outside -of the hours of operation. D. Have the Amusement License Application notarized. E. Supplement the Amusement License Application to answer Questions 14, 15, and 16. F. Submit a traffic control plan approved by the Chief of Police. G. Supplement the site plan concerning barricaded and points or entry and access in accordance with Town Staff direction. H. Submit written approval by the Frederick -Firestone Area Fire Protection District of the site plan and emergency access provisions, and submit to any site inspections required by the Fire Protection District. I. Submit a certificate showing that each tent or temporary stand has been flame -treated, within one year, by a recognized flame-retardant product, and that fire extinguishers contain necessary certification tags. J. Attach a copy of any report of any inspection made of the carnival or amusement rides or devices in the previous twelve months, and a copy of .such report of any inspection to be conducted within the next preceding thirty days. K. Submit details regarding the provision of uniformed, trained security personnel (if any). The applicant agrees to provide security personnel reasonably required by Town Staff. L. Comply with any Building Department requirements for inspections. M. The Town shall have the right to enter into the Property at any time during the term of this Agreement for any purpose of the Town. N. Overnight stay on the property is subject to the following requirements: a. Overnight stay facilities are limited to enclosed vehicles or structures; no tent or open camping is permitted. No camp fires are permitted. b. Overnight stay is allowed only for safety, security and operational personnel of the operator, and limited to a maximum of 20 persons. C. Restroom facilities shall be available overnight by either restroom facilities within RVs/trailers or port -a -lets in the immediate vicinity of the sleeping area. 0. Provide current registration with Division of Oil and Public Safety. INTRODUCED, READ, and ADOPTED this day of au rtx — , 2011. s. ATTEST: FAL Judy Hegwood, Town Jerk `ivtv,e� TOWN OF FIRESTONE, COLORADO Chad Auer, Mayor N RESOLUTION NO t t A RESOLUTION SETTING THE DAY AND HOUR OF THE REGULAR MEETINGS AND WORK SESSTONS OF THE BOARD OF TRUSTEES WHEREAS; pursuant to Section 2.04.030 of'the Firestone Municipal Code, as amended, the Board of Trustees shall prescribe the day and hour of its regular meetings and regular work sessions; and WHEREAS, by this Resolution, the Board of Trustees desires to set the day and. hour of its regular meetings and regular work sessions; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Commencing August 10, 2011.,. the regular meetings: of the .Board of Trustees shall be held on the second and fourth Wednesdays of each month.at .6.30 p.m. Section 2, Commencing August 3, 2011, the .regular work sessions of the Board, of Trustees s_iall be held on the first Wednesday of each month at 6:30 p.m., and the Board by this Resolution hereby calls and sets a work session for such date and time of August 3, 2011 at 6:30 at Firestone Town Hall; Section 3. The Board of Trustees may no later than the meeting next. preceding cancel or reschedule any regular or special meeting or work session. When the,date :f iked. for any regular or special meeting or work session.falls on a legal or national holiday or Christmas Eve or New Year's:Eve, the meeting. skull be cancelled or held on such otherdate set by the Board of Trustees. In the event any regular or speciaLmeeting is cancelled or'rescheduled, ariyhearing or proceeding that has been set for such meeting shall not abate but shall stand continued to the next meeting held by the Board of Trustees unless continued to another meeting. Section 4. The Town. Manager or his .designee.;is hereby .directed to amend the Towri of Firestone Development Regulations to reflect the meeting schedule adopted by the. Board of Trustees by this Resolution. qh INTRODUCED, READ, and ADOPTED this. 30 day of /Le— , 2011. 1d&Aq*&tw `• �S o r i a� {Q �. ,� 04 �N ATTE �/j�y"6O� TOWN OF FIRESTONE,'COLORADO Chad Auer, Mayor RESOLUTION NO.� A RESOLUTION APPROVING A BUILDING DEPARTMENT SERVICES AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND SAFEBUILT COLORADO, INC. WHEREAS, SAFEbuilt Colorado, Inc., and its predecessor entities have provided building inspection and other building department services for the Town of Firestone since 1999; WHEREAS, the Board of Trustees desires to renew and update its current contract with SAFEbuilt Colorado, Inc. for the provision of such services, and a current form of agreement has been proposed for such purpose; and WHEREAS, the Board of Trustees by this Resolution desires to approve such agreement and authorize its execution; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN 0 1' FIRESTONE, COLORADO: Section 1. The proposed Agreement By and Between the Town of Firestone and SAFEbuilt Colorado, Inc. for Building Department Services (the "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 such Agreement on behalf of the Town, except tha, the Mayor is hereby further authorized to negotiate and approve such revisions to said Agreemen 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 j I day of , 2011. Chad Auer Mayor ATTEST: u Hegw od own Clerk p RESOLUTION NO. 1 q A RESOLUTION ESTABLISHING BUILDING PERMIT FEES WHEREAS, after review and analysis of the costs of providing building inspection, plan review and related services, the Board of Trustees has determined that it is necessary to make certain amendments to the Town of Firestone Fee Schedule for building permits and other permits and services administered by the building department; and WHEREAS, the Board of Trustees wishes to set, by resolution, the amounts of certain fees for building inspection, plan review and related services; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The building permit fees required and imposed by the Town shall be as set forth in the fee schedule attached hereto and incorporated herein by reference. Section 2. Pursuant to Section 15.08.020.A of the Firestone Municipal Code and the authority set forth in C.R.S. § 12-23-117(2), the electrical permit fees required by the National Electrical Code and imposed by the Town shall be as set forth in the fee schedule attached hereto and incorporated herein by reference. Section 3. The Town Manager is hereby authorized and directed to adjust the electrical permit fees adopted pursuant to this Resolution as necessary to ensure that such fees are the same as those fee set forth in most current version of the State of Colorado fee schedule adopted pursuant to C.R.S. § 12-23-117, scaled to 1.15 times such state fees as authorized pursuant to said statute. The date of any such adjustment by the Town Manager shall be noted on the revised fee schedule. Section 4. The fees adopted pursuant to this resolution shall take effect on July 15, 2011. INTRODUCED, READ, and ADOPTED this day of 2011. LT TOWN OF FIRESTONE, COLORADO cl. .— Chad Auer, Mayor Attest: Firestone Town Fee Schedule details the-�.�ees'cliarQed`bvethe Town for buildinair $1.00 to $1,001.00 to $1,101.00 to $1,201.00 to $1,301.00 to $1,401.00 to $1,501.00 to $1,601.00 to $1,701.00 to $1,801.00 to $1,901.00 to $2,001.00 to $3,001.00 to $4,001.00 to $5,001.00 to $6,001.00 to $7,001.00 to $8,001.00 to $9,001.00 to $10,001.00 to $11,001.00 to $12,001.00 to $13,001.00 to $14, 00 1. 00 to $15,001.00 to $16, 00 1. 00 to $17,001.00 to $18,001.00 to $19,001.00 to $20,001.00 to $21,001.00 to $22,001.00 to $23,001.00 to $24,001.00 to $25,001.00 to $26,001.00 to $1,000.00 = $1,100.00 = $1,200.00 = $1,300.00 = $1,400.00 = $1,500.00 = $1,600.00= $1, 700.00 = $1,800.00 = $1,900.00 = $2,000.00 = $3,000.00 = $4,000.00 = $5,000.00 = $6,000.00 = $7,000.00 = $8,000.00 = $9,000.00 = $10,000.00 = $11,000.00 = $12,000.00 = $13,000.00 = $14,000.00 = $15,000.00 = $16,000.00 = $17,000.00 = $18,000.00 = $19,000.00 = $20,000.00 = $21,000.00 = $22,000.00 = $23,000.00 = $24,000.00 = $25,000.00 = $26,000.00 = $27,000.00 = $38.75 $41.80 $44.85 $47.90 $50.95 $54.00 $57.05 $60.10 $63.15 $66.20 $69.25 $83.25 $97.25 $111.25 $125.25 $139.25 $153.25 $167.25 $181.25 $195.25 $209.25 $223.25 $237.25 $251.25 $265.25 $279.25 $293.25 $307.25 $321.25 $335.25 $349.25 $363.25 $377.25 $391.25 $401.35 $411.45 $31,001.00 to $32,001.00 to $33,001.00 to $34,001.00 to $35,001.00 to $36,001.00 to $37,001.00 to $38,001.00 to $39,001.00 to $40,001.00 to $41,001.00 to $42,001.00 to $43,001.00 to $44,001.00 to $45,001.00 to $46,001.00 to $47,001.00 to $48,001.00 to $49,001.00 to $50,001.00 to $51,001.00 to $52,001.00 to $53,001.00 to $54,001.00 to $55,001.00 to $56,001.00 to $57,001.00 to $58,001.00 to $59,001.00 to $60,001.00 to $61,001.00 to $62,001.00 to $63,001.00 to $64,001.00 to $65,001.00 to $66,001.00 to $32,000.00 = $33,000.00 = $34,000.00 = $35,000.00 = $36,000.00 = $37,000.00 = $38,000.00 = $39,000.00 = $40,000.00 = $41,000.00 = $42,000.00 = $43,000.00 = $44,000.00 = $45,000.00 = $46,000.00 = $47,000.00 = $48,000.00 = $49,000.00 = $50,000.00 = $51,000.00 = $52,000.00 = $53,000.00 = $54,000.00 = $55,000.00 = $56,000.00 = $57,000.00 = $58,000.00 = $59,000.00 = $60,000.00 = $61,000.00 = $62,000.00 = $63,000.00 = $64,000.00 = $65,000.00 = $66,000.00 = $67,000.00 = $461.95 $472.05 $482.15 $492.25 $502.35 $512.45 $522.55 $532.65 $542.75 $552.85 $562.95 $573.05 $583.15 $593.25 $603.35 $613.45 $623.55 $633.65 $643.75 $650.75 $657.75 $664.75 $671.75 $678.75 $685.75 $692.75 $699.75 $706.75 $713.75 $720.75 $727.75 $734.75 $741.75 $748.75 $755.75 $762.75 $27,001.00 to $28,001.00 to $29,001.00 to $30,001.00 to $71,001.00 to $72,001.00 to $73,001.00 to $74,001.00 to $75,001.00 to $76,001.00 to $77,001.00 to $78,001.00 to $79,001.00 to $80,001.00 to $81,001.00 to $82,001.00 to $83,001.00 to $84,001.00 to $85,001.00 to $28,000.00 = $29,000.00 = $30,000.00 = $31,000.00 = $72,000.00 = $73,000.00 = $74,000.00 = $75,000.00 = $76,000.00 = $77,000.00 = $78,000.00 = $79,000.00 = $80,000.00 = $81,000.00 = $82,000.00 = $83,000.00 = $84,000.00 = $85,000.00 = $86,000.00 = $421.55 $431.65 $441.75 $451.85 $797.75 $804.75 $811.75 $818.75 $825.75 $832.75 $839.75 $846.75 $853.75 $860.75 $867.75 $874.75 $881.75 $888.75 $895.75 $67,001.00 to $68,001.00 to $69,001.00 to $70,001.00 to $86,001,00 to $87,001.00 to $88,001.00 to $89,001.00 to $90,001.00 to $91,001.00 to $92,001.00 to $93,001.00 to $94,001.00 to $95,001.00 to $96,001.00 to $97,001.00 to $98,001.00 to $99,001.00 to $68,000.00 = $69,000.00 = $70,000.00 = $71,000.00 = $87,000.00 = $88,000.00 = $89,000.00 = $90,000700 = $91,000.00 = $92,000.00 = $93,000.00 = $94,000.00 = $95,000.00 = $96,000.00= $97,000.00= $98,000.00= $99,000.00 = $100,000.00 = $769.75 $776.75 $783.75 $790.75 $902.75 $909.75 $916.75 $923.75 $930.75 $937.75 $944.75 $951.75 $958.75 $965.75 $972.75 $979.75 $986.75 $993.75 $100,001 to $500,000 = 993.75 for the first $100,000 plus 5.60 for each additional $1000.00 or fraction thereof, to and including $500,000 $500,001 to $1,000,000 = $3233.75 for the first $500,000 plus 4.75 for each additional $1000.00 or fraction thereof, to and including $1,000,000 $1,000,001 and up = $5608.75 for the first $1,000,000 plus 3.15 for each additional $1000.00 or fraction thereof. [Note (Valuation): The base valuation shall be as stated in the most current version of the 'Building Valuation Data" table, which table is published every February and August by the International Code Council Building Safety Journal. Building valuation shall be adjusted as necessary to reflect the most current version of said table published by the International Code Council Building Safety Journal.] [Note (Solar Devices): In accordance with C.R.S. § 31-15-602(4)(b), fees to install an active solar electric or solar thermal device or system shall be based on the provisions of the foregoing fee schedule except that in no event shall permit, plan review or other fees to install such a system or device, in aggregate, be in excess of the lesser of the amount determined by using the foregoing fee schedule or five hundred dollars ($500.00) for a residential application or one thousand dollars ($1,000.00) fora nonresidential application, if the device or system produces fewer than two megawatts of direct current electricity or an equivalent -sized thermal energy system, or that exceed the amount determined by using the foregoing fee schedule if the device or system produces at least two megawatts of direct current electricity or an equivalent -sized thermal energy system. Fee assessed pursuant to the foregoing fee schedule for such a device or system shall never exceed the Town's actual cost in issuing the permit.] Firestone Town Fee Schedule Fees for Additional Inspections and Services Plan review fees ■ Single and multi -family residences reviewed under the IRC: 30% of Town of Firestone building permit fee • Commercial remodel and small commercial projects: 30% of Town of Firestone building permit fee ■ New commercial projects: 65% percent of the Town of Firestone building permit fee ■ Multi -family residences reviewed under the IBC: 65% percent of the Town of Firestone building permit fee Stock model/"Same as" plan review fees for previously reviewed models ■ No changes.......................................................................................................................................$ 45.00 ■ Minor changes.................................................................................................................................$100.00 ■ All other changes...................................................................................................Full plan review fee Mobile Home, Manufactured Home, and Factory -built Units ■ Placed in an approved mobile home park..............................................................................$ 190.00 Used as temporary storage or as an accessory structure ............................................. $ 75.00 ***Fees for a mobile home, manufactured home, or factory -built unit set on a permanent foundation in other than an approved mobile home park will be calculated as detailed in the "Manufactured Homes" section of this fee schedule. (Note: Electrical inspection fees are added to the above numbers] Other inspections and fees Inspections outside of normal business hours (minimum charge two hours)....................$50/hr Reinspection fee.........................................................................................................................................$45.00 Inspections for which no fee is specifically indicated..............................................................$50/hr Additional plan review required by changes, additions, or revisions...................................$50/hr Investigationfee.........................................................................................................50% of the permit fee Pre -Move inspections for dwellings Within30 miles of City................................................................................................................... .$150.00 More than thirty miles from City......................................................................................................$250.00 Firestone Town Fee Schedule Electrical Fees Residential: This includes single-family dwellings, site -built and modular/factory-built homes, duplexes, condominiums, and townhouses. Notmore than 1000 sq. ft. ................................................................................................................... $115.00 Over 1000 sq, ft. and not more than 1500 sq. ft . ...................................................................... $172.50 Over 1500 sq. ft. and not more than 2000 sq, ft . ...................................................................... $230.25 Per 100 sq, ft. in excess of 2000 sq. ft . ........................................................................................... $11.50 All other electrical fees: Except as provided above, electrical fees shall be computed on the dollar value of the electrical installations including time, material, and contractor profit. Such fees shall be calculated as follows: Valuation of work: Notmore than $2000 ............................................................................................................................... $115.00 $2001 and above - Cost per thousand or fraction thereof of total valuation ................... $28.75 PLUS................................................................................................................................................................. $115.00 Miscellaneous electrical fees. Mobile/Modular home and travel trailer parks, per space ........................................................ $115.00 Construction meter or extra inspections ........................................................................................... $57.50 Pe -inspection on any of the above ................................................................................ I ....................... $57.50 Temporaryheat release .......................................................................................................................... -,$57.50 [Note: Electrical fees are based on the most current version of the fee schedule provided by the State of Colorado Electrical Board.] Electrical Fee lost revised; Firestone Town Fee Schedule Manufactured Homes Manufactured Homes Fee Schedule - Outside of a Mobile Home Park: Applicable electrical fees will be added to the fees listed below: Fees for "blocked and tied' manufactured homes will be $250.00 This will include homes placed on piers and welded to rebar anchors. Fees for a manufactured home placed on a permanent foundation over crawl space will be calculated as: ➢ Building Permit fee based on valuation of crawl space foundation work. ➢ The fee of $250.00 will then be added to the above fee Fees for a manufactured home placed on a permanent foundation over an unfinished basement will be calculated as: ➢ Building Permit fee based on valuation of unfinished basement foundation work. ➢ The fee of $250.00 will then be added to the above fee Fees for a manufactured home placed on a permanent foundation over a finished basement will be calculated as: ➢ Building Permit fee based on valuation of finished basement. ➢ The fee of $250.00 will then be added to the above fee For the purposes of this fee schedule, "manufactured homes" will mean UBC, ICC or HUD -certified mobile, factory -built, or manufactured homes on a permanent foundation, Permanent foundations shall be made of pressure treated wood, masonry or concrete constructed in accordance to code. Firestone Town Fee Schedule "Single Stop" Projects The following fee schedule has been developed for projects that typically require a single inspection. Note that in almost all cases these fees are lower than those calculated by the current method of using the total project valuation. Plan reviews are not necessary for these projects, so these permits are available "over the counter" at Town Hall using the fee schedule below. Many of these projects require that the homeowner be present at the time of inspection. Town inspectors will attempt to accommodate individual homeowner's schedules, but it is the responsibility of the homeowner to make sure someone is available at the site for the inspection if necessary. Since the fees below are based on a "single stop", a reinspection fee will be assessed if the homeowner is not available, if the work is not readily accessible, or if the work is not complete. PM-i—M& Inspection fee Furnace/Air Conditioner $45.00 Roof (re -shingle) $45.00 Water neater $ 30.00 Sprinkler system $30.00 Siding or window re lacement** $45.00 Fence $30.00 Water and sewer (EACH) $40.00 Demolition $30.00 Reins ection for any of the above*** $30.00 * *For window replacement projects where the window sizes are not changing, this fee schedule applies. However, if window sizes are being changed or structural changes are being made to accommodate new windows, it will be necessary for CIA to perform a plan review on the project, and the fees will be based on the total project valuation. ***A reinspection fee will be charged for any of the "flat fee" inspections that cannot be completed when called for. RESOLUTION NO. A RESOLUTION OF THE TOWN OF FIRESTONE APPOINTING DIRECTORS TO FILL VACANCIES ON THE BOARD OF DIRECTORS OF THE GREENS METROPOLITAN DISTRICT WHEREAS, a Service Plan for the organization of the Firestone Trails Metropolitan District (the "District") was approved by the Town of Firestone via Resolution No. 02-41 adopted by the Board of Trustees on September 26, 2002; and WHEREAS, the name of the District was changed to The Greens Metropolitan District by order of the Weld County District Court dated effective June 17, 2003; and WHEREAS, the District was duly organized pursuant to Title 32 of the Colorado Revised Statutes following an election of the eligible electors in the District held on November 5, 2002, at which election an initial board of directors was properly elected as the initial District's Board of Directors; and WHEREAS, at the time of their election, the initial board members were qualified to serve by virtue of contracts for deed executed by Saddleback Marketing, L:L.C. or other owners of property within the District; and WHEREAS, due to foreclosure and recording of a Public Trustee's Confirmation Deed on November 21, 2008, Saddleback Marketing, L.L.C. is no longer an owner of property within the District and the Board of Directors was no longer qualified to serve on the District's Board of Directors as required by C.R.S. Section 32-1-103(5); and WHEREAS, as a result, there currently are no directors remaining seated and qualified to serve as a member of a Board of Directors for the District; and WHEREAS, pursuant to C.R.S. Section 32-1-905(2.5), the Board of Trustees for the Town of Firestone is authorized to appoint qualified electors to fill vacancies on the District board, provided the boundaries of the District are located entirely within the Town of Firestone; and WHEREAS the boundaries of the District are located entirely within the Town of Firestone; and WHEREAS, the failure to appoint a new board will result in the interruption of services that are being provided by the District and an inability of the District to take action; and WHEREAS, based on information provided on behalf of property owners within the District, the following individuals are qualified to serve on the Board of Directors of the District: Marcus Palkowitsh, Margaret M. Sheehan, Robert R. Graft, Chad Rodriguez, and Eugene Coppola. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Pursuant to C.R.S. Section 32-1-905(2.5), the Board of Trustees of the Town of Firestone hereby appoints Marcus Palkowitsh, Margaret M. Sheehan, Robert R. Graft, Chad Rodriguez, and Eugene Coppola to fill the vacancies on The Greens Metropolitan District Board of Directors. Section 2. Pursuant to Section 32-1-905(2.5), the newly appointed Directors shall call for a special election within six (b) months of the effective date of this Resolution, which special election is to be held in accordance with the provisions of section 32-1-305.5 and articles 1 to 13 of Title 1, C.R.S.; except that the question of the organization of the District shall not be presented at the special election. Section 3. Prior to either the conduct of the election referenced in Section 2, above and seating of directors therein elected or the exclusion of all property other than Saddleback First Filing from the boundaries of the District, the District shall not issue any bonds or debt; or enter into any other financial obligation for which the District has promised to pay any future revenues of the District or for which the District has promised to impose any mill levy or any assessments, fees, rates, tolls or charges of any type. Section 4. At the first meeting of the above -appointed Board of Directors, to occur within thirty (30) days after the date of this Resolution, said Board of Directors shall adopt, execute and deliver to the Town an indemnification letter stating that the District shall indemnify the Town against claims arising from or disputing the validity of the appointments made under this Resolution. Section 5. Repeal_er. All acts, orders, resolutions, or parts thereof, of the Town that are inconsistent or in conflict with this Resolution, are hereby repealed to the extent only of such inconsistency or conflict. INTRODUCED, READ, and ADOPTED this X? day of Ju i y , 2011. TOWN OF FIRESTONE, COLORADO Chad Auer, Mayor ATTEST: �1-�- �\REsro J egw , Town Cie rowN �� SEA 10 2 CERTIFICATE OF AUTHENTICITY STATE OF COLORADO ) TOWN OF FIRESTONE ) COUNTY OF WELD ) SS: I, Judy L. Hegwood, Town Clerk, in and for said Town of Firestone, in the County of Weld, in the State aforesaid, do hereby certify that the attached is a true and correct copy of Resolution No. 11-15, adopted by the Firestone Town Board of Trustees of the Town of Firestone, on the 28th day of July 2011. In witness whereof, I have hereunto set my hand and the seal of the Town of Firestone, this 29th day of July 2011. y L. H gwood �-xratESTp� own Clerk, MMC '' raw g O rroi E 10 �� RESOLUTION NO. �L� A RESOLUTION CONCERNING BUSINESS LICENSE FEES FOR TRANSIENT MERCHANTS OPERATING BOOTHS AT TOWN -SPONSORED SPECIAL EVENTS UNDER VENDOR CONTRACTS WITH THE TOWN WHEREAS, pursuant to Section 5.40.010 of the Firestone Municipal Code, transient merchants are required to obtain a business license from the Town; and WHEREAS, the Town requires a vendor contract and payment of a booth rental charge for transient merchants desiring to operate from booths at Town -sponsored special events; and WHEREAS, the Board of Trustees is. authorized to establish business license fees by resolution and has previously set a business license fee; and WHEREAS, the Board of Trustees desires to revise its business license fee to provide that a business license fee shall not be charged to transient merchants operating booths at Town -sponsored events under vendor contracts with the Town, provided the booth rental charge under the vendor contract has been paid; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Pursuant to Section 5.04.050 of the Firestone Municipal Code, Section 1 of Resolution No. 10-51, entitled "A Resolution Setting Certain Fees and Charges for the Town of Firestone, Colorado' is hereby amended as follows (words to be added are underlined): The annual business license fee required to be paid pursuant to Chapter 5.04 of the Firestone Municipal Code is hereby set at fifty dollars ($50.00). The business license fee shall not be charged for a license issued to a transient merchant overating a booth at a Town -sponsored event under a vendor contract with the Town -provided the booth rental charge under the vendor contract has been paid in full. The fee to be paid pursuant to Section 5.04.140 for the transfer of a business license is hereby set at fifteen dollars ($15,00). Section 2. The amendments herein shall be effective August 24, 2011, and applicable to license applications received on or after such date. PASSED AND ADOPTED THIS DAY OF � , 2011. TOWN/OF FIRESTONE, COLORADO finer, Mayor ATTEST: ESTO Sdy He ood, Town CWk o O `S i 0 RESOLUTION NO. � 7 A RESOLUTION SUPPORTING A GRANT APPLICATION FROM THE TOWN FOR A LOCAL PARKS AND OUTDOOR RECREATION GRANT FROM GREAT OUTDOORS COLORADO TO IMPROVE ONORATO PARK IN A MANNER CONSISTENT WITH THE ONORATO PARK MASTER PLAN WHEREAS, the Firestone Parks and Trails Advisory Board has developed, with citizen input, a Master Plan for Onorato Park that was adopted by the Firestone Town Board; and WHEREAS, Onorato Park is in great need of improvements in order to best serve the community, but the Town' s ability to currently fund such improvements is limited; and WHEREAS, the Firestone Parks and Trails Advisory Board supports the Onorato Park Improvements, and has forwarded to the Board of Trustees a recommendation. of support; and WHEREAS, the Town of Firestone has requested up to seventy thousand, five hundred and thirty-one dollars ($70,531.00) from Great Outdoors Colorado to improve Onorato Park in a manner consistent with the Onorato Park Master Plan; and WHEREAS, the Board of Trustees by this Resolution desires to confirm its support for the Onorato Park Improvements and authorize the expenditure of matching and other funds for the Project; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby supports a grant application to the State Board of Great Outdoors Colorado for a Local Parks and Outdoor Recreation Grant to improve Onorato Park in a manner consistent with the Onorato Park Master Plan and has appropriated matching funds for a grant with Great Outdoors Colorado. Section 2. The Board of Trustees authorizes the expenditure of funds necessary to meet the matching funds requirement of any Grant awarded on the application and to meet the terms and obligations of any Grant awarded. Section 3. The project site is owned by the Town of Firestone and will be owned by the Town of Firestone for the next 25 years. Section 4. The Board of Trustees of the Town of Firestone will continue to maintain Onorato Park in a high quality condition and will appropriate funds for maintenance in its annual . budget. Section 5. The Town of Firestone has the ability to complete the Onorato Park Improvements project and has demonstrated this ability in completion of Phase 1 of the Firestone Sports Complex in 2008 and completion in 2007 of the St. Vrain Park West (i.e. Harney Park). Section 6. This resolution to be in full force and effect from and after. its passage and approval. INTRODUCED,. READ, AND ADOPTED. this 24th day of August, 2011. TOWN OF FIRESTONE, COLORADO C U Chad Auer Mayor ATTEST: ` STQ y He od ���'% Town Clerk $SAL1 cQ 2 RESOLUTION NO..l �_=.:_ a A RESOLUTION SUPPORTING A GRANT APPLICATION FROM THE TOWN FOR A LOCAL PARKS AND OUTDOOR RECREATION SPECIAL OPPORTUNITY GRANT FROM GREAT OUTDOORS COLORADO. TO CONSTRUCT THE FIRESTONE SPORTS COMPLEX PHASE III WHEREAS, the Firestone Parks and Trails Advisory Board supports the Firestone Sports Complex Phase III to install lighting on Fields 2 and 3, and install a ten foot wide sidewalk to a six cage batting facility, and has forwarded to the Board of Trustees a recommendation of support;. and WHEREAS, the Town of Firestone has requested up to three hundred forty-nine, nine hundred and one thousand dollars ($349,901) from Great Outdoors Colorado to install lighting on Fields 2 and 3, and install a ten foot wide sidewalk to a six cage batting facility; and WHEREAS, the Board of Trustees by this Resolution desires to confirm its support for the Firestone Sports Complex Phase III and authorize the expenditure of matching and other funds for the Project; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby supports a grant application to the State Board of Great Outdoors Colorado for a Local Parks and Outdoor Recreation Special Opportunity Grant to install lighting on Fields 2 and 3, and install a ten foot wide sidewalk to a six cage batting facility and has appropriated matching funds for a grant with Great Outdoors Colorado. Section 2. The Board of Trustees authorizes the expenditure of funds necessary to meet the matching funds requirement of any Grant awarded on the application and to meet the terms and obligations of any Grant awarded. Section 3. The project site is owned by the Town of Firestone and will be owned by the Town of Firestone for at least the next 25 years. Section 4. The Board of Trustees of the Town of Firestone will continue to maintain Firestone Regional Sports Complex in a high quality condition and will appropriate funds for maintenance in its annual budget. Section 5. The Town of Firestone has the ability to complete this project and has demonstrated this ability in the Sports Complex Phase 1 project completed in 2008 and Harney Park project completed in 2007. Section 6. This Resolution is to be in full force and effect from and after its passage and approval. INTRODUCED, READ, AND ADOPTED this 24t" day of August, 2011. TOWN OF FIRESTONE, COLORADO lb --- Chad Auer Mayor ATTEST: oxxctC4 'Z g�r,,,., y Heg, od own Clerk 2 RESOLUTION NO. 11- A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR AN ANNEXATION PETITION FILED WITH THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE FLATIRON 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 Flatiron 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 within the meaning of Sections 31-12-107(1)(g),-110(2) or -112, C.R.S. 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 Wednesday, September 28, 2011 at 6:30 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. 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 i-'requested in the petition. INTRODUCED,, READ, and ADOPTED this 24th day of August, 2011. c Chad Auer Mayor ATTEST: �ouv� Hegv od own Clerk 8/18/2011 1:18 PM [vac]S:IFvestone\AnnexationT[atiron.SubComp.reso 2 1, . !J1� r EXHIBIT A LEGAL DESCRIPTION FLATIRON ANNEXATION LOT 1, FLATIRON PLANNED UNIT DEVELOPMENT, IN THE COUNTY OF WELD, STATE OF COLORADO, PER FINAL PLAT RECORDED DECEMBER 30,1991 AT RECEPTION NO.02273563, IN THE OFFICE OF THE CLERK AND RECORDER OF SAID COUNTY, TOGETHER WITH LOTS 1 AND 2, FLATIRON PLANNED UNIT DEVELOPMENT II, IN SAID COUNTY AND STATE, PER FINAL PLAT RECORDED APRIL 17,1998 AT RECEPTION NO. 2606946, IN SAID OFFICE OF THE CLERK AND RECORDER, TOGETHER WITH LOT 1, FIRST AMENDMENT, LOT 1, FLATIRON PLANNED UNIT DEVELOPMENT 11, IN SAID COUNTY AND STATE, -PER FINAL PLAT RECORDED FEBRUARY 25, 2010 AT RECEPTION NO. 3677984, IN SAID OFFICE OF THE CLERK AND RECORDER, AND TOGETHER THAT CERTAIN UN -NAMED PUBLIC RIGHT-OF-WAY DEDICATED ON THE FINAL PLAT OF SAID FLATIRON PLANNED UNIT DEVELOPMENT II, LYING WITHIN THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 2 NORTH, RANGE 68 WEST, 6TH PRINCIPAL MERIDIAN, IN THE COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 11; THENCE ALONG THE EAST LINE OF SAID WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 11, SOUTH 00020142" WEST, 34.42 FEET TO THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF THE PARCEL OF LAND DESCRIBED IN BOOK 931 AT RECEPTION NO. 1852633, IN SAID OFFICE CF THE CLERK AND RECORDER; THENCE ALONG SAID EASTERLY PROLONGATION, PARALLEL WITH THE NORTHERLY LINE OF SAID WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 11, NORTH 89-34'18" WEST, 21.63 FEET TO THE NORTHWEST CORNER OF LOT 1, SAID FLATIRON PLANNED UNIT DEVELOPMENT AND THE POINT OF BEGINNING; . THENCE ALONG THE EASTERLY LINE OF SAID LOT 1, FLATIRON PLANNED UNIT DEVELOPMENT, SOUTH 00°03'20" WEST, 2580.48 FEET TO THE MOST SOUTHEASTERLY CORNER OF SAID LOT 1; THENCE ALONG THE SOUTHERLY PROLONGATION OF SAID EASTERLY LINE, SOUTH 00003,201, WEST, 20.00 FEET TO A LINE THAT IS PARALLEL WITH AND DISTANT NORTHERLY 30.00 FEET, MEASURED AT RIGHT ANGLES, FROM THE SOUTHERLY LINE OF SAID WEST HALF OF THE SOUTHWEST QUARTER, SECTION 11; THENCE ALONG SAID PARALLEL LINE, NORTH 89040'08" WEST, 751.61 FEET TO AN ANGLE POINT IN THE SOUTHERLY BOUNDARY OF LOT 2, SAID FLATIRON PLANNED UNIT DEVELOPMENT; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID LOT 2 THE FOLLOWING TWO COURSES: 1) NORTH 84°37'14" EAST, 201.00 FEET; 2) SOUTH 89040'08" EAST, 471.43 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 2, BEING THE BEGINNING OF A NON -TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 100.00 FEET, THE RADIUS POINT OF SAID CURVE BEARS NORTH 36045'06n WEST; N THENCE ALONG THE WESTERLY AND SOUTHERLY BOUNDARY OF SAID LOT 1, THE FOLLOWING 11 COURSES: 1) NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 53-11'34- AND ARC LENGTH OF 92.84 FEET; SAID CURVE HAVING A CHORD BEARING OF NORTH 26°39'07" EAST AND CHORD DISTANCE OF 89.54 FEET; 2) TANGENT TO SAID CURVE, NORTH 00°03'20" EAST, 456.41 FEET; 3) NORTH 89°38'18" WEST, 426.23 FEET; 4) SOUTH 05641'40" WEST, 159.99 FEET; 5) NORTH 89°40'51" WEST, 198.38 FEET; 6) SOUTH 37°38'18" WEST, 63.69 FEET; 7) SOUTH 64°04'45" (NEST, 61.12 FEET; 8) NORTH 88°59'11" WEST, 119.00 FEET; 9) SOUTH 03°28'51" WEST, 35.99 FEET; 10) NORTH 88"59'11" WEST 340.55 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 1, FLATIRON PLANNED UNIT DEVELOPMENT, BEING A POINT ON THE EASTERLY RIGHT-OF- WAY OF 1-25 FRONTAGE ROAD; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY AND THE WESTERLY BOUNDARY OF SAID. FLATIRON PLANNED UNIT DEVELOPMENT AND THE WESTERLY BOUNDARY OF SAID FLATIRON PLANNED UNIT DEVELOPMENT 11, NORTH 05°45'50" EAST 601.73 FEET TO THE NORTHWEST CORNER OF SAID FLATIRON PLANNED UNIT DEVELOPMENT 11; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID FLATIRON PLANNED UNIT DEVELOPMENT 11, SOUTH 86042'46" EAST, 660.22 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 1, FLATIRON PLANNED UNIT DEVELOPMENT; THENCE ALONG SAID EASTERLY LINE, NORTH 05046'09" EAST, 1747.51 FEET TO AN ANGLE POINT THEREIN; THENCE CONTINUING ALONG SAID EASTERLY LINE, NORTH 00°03'54" WEST, 7.01 FEET TO THE NORTHWESTERLY CORNER OF SAID PARCEL OF LAND DESCRIBED IN BOOK 931 AT RECEPTION NO. 1852633; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL OF LAND DESCRIBED IN BOOK 931 AT RECEPTION NO. 1852633, SOUTH 89034'18" EAST, 342.79 FEET TO THE POINT OF BEGINNING. CONTAINS 1,321,164 SQ. FT. OR 30.330 ACRES, MORE OR LESS 4 RESOLUTION NO. 11-.20 A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR AN ANNEXATION PETITION FILED WITH THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE TURNER COMMONS 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 Turner Commons 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 within the meaning of Sections 31-12-107(1)(g),-110(2) or -112, C.R.S. 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 Wednesday, September 28, 2011 at 6:30 P. 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. 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 24th.day of August, 2011. Chad Auer Mayor ATTEST; STOM TOWN ''10 y.He odi SEALQ a own Clerk O� 1 2 EXHIBIT A TURNER COMMONS LEGAL DESCRIPTION LOT 1 OF RECORDED EXEMPTION NO. 1313-3-4-RE-626, RECORDED SEPTEMBER 12, 1983 AT RECEPTION NO. 01940086, LOCATED IN THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, AND ALSO PARCEL SE-1156, RECORDED DECEMBER 17, 2009 AT RECEPTION NO. 3665635, LOCATED IN THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, AND ALSO THAT PORTION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 3 AND A PORTION OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE SOUTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER AS ASSUMED TO BEAR SOUTH 89°22'56 WEST AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 3; THENCE ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 3 SOUTH 89022'56" WEST 77.66 FEET TO THE TRUE POINT OF BEGINNING; THENCE DEPARTING SAID SOUTH LINE SOUTH 04°01'19" EAST 56.47 FEET TO A POINT ON THE SOUTH RIGHT OF WAY OF STATE HIGHWAY 119; THENCE ALONG SAID SOUTH RIGHT OF WAY THE FOLLOWING EIGHT (8) COURSES AND DISTANCES: THENCE NORTH 50029'34" WEST 10.13 FEET; THENCE SOUTH 89°28"56" WEST 254.56 FEET; THENCE SOUTH 00°43'02" EAST 7.92 FEET; THENCE SOUTH 89°27'10" WEST 12.89 FEET; THENCE NORTH 88004"13" WEST 185.53 FEET; THENCE SOUTH 85"48'54" WEST 69.46 FEET; THENCE SOUTH 83°48'32" WEST 203.53 FEET; THENCE SOUTH 8990"32" WEST 514.34 FEET; THENCE DEPARTING SAID SOUTH RIGHT OF WAY NORTH 00°13'34" WEST 72.00 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 3; THENCE ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 3 NORTH 89022'56" EAST 10.23 FEET; THENCE DEPARTING SAID SOUTH LINE NORTH 01 °21'57" EAST 77.30 FEET TO A POINT ON THE NORTH RIGHT OF WAY OF STATE HIGHWAY 119; THENCE ALONG SAID NORTH RIGHT OF WAY THE FOLLOWING THREE (3) COURSES AND DISTANCES: THENCE NORTH 89°28'44" EAST 500.53 FEET; THENCE NORTH 87004'21" EAST 231.58 FEET; THENCE NORTH 89°25'29" EAST 114.50 FEET; THENCE DEPARTING SAID NORTH RIGHT OF WAY NORTH 19042'04" EAST 34.95 FEET; THENCE NORTH 00034'26" WEST 20.04 FEET; THENCE NORTH 06°33'03" EAST 72.56 FEET; THENCE NORTH 00034'26" WEST 109.93 FEET TO A POINT ON THE SOUTH LINE OF LOT 1, RECORDED EXEMPTION NO. 1313-6-4-RE-626 RECORDED SEPTEMBER 12, 1983 AT RECEPTION NO.01940086; THENCE ALONG THE SOUTH, WEST, NORTH AND EAST LINE OF SAID LOT 1 SOUTH 89034'30" WEST 127.46 FEET; THENCE NORTH 01°2442" EAST 3 r 345.02 FEET; THENCE NORTH 89°31'53 EAST 453.13 FEET TO A POINT ON THE WEST RIGHT OF WAY OF INTERSTATE HIGHWAY 25 DESCRIBED IN DEED RECORDED AT RECEPTION NO. 1279810 AND RECEPTION NO. 1278345; THENCE ALONG SAID WEST RIGHT. OF WAY SOUTH 02027'50" EAST 230.16 FEET AND AGAIN SOUTH 02027'50" EAST 324.55 FEET TO A POINT ON THE NORTH RIGHT OF WAY OF STATE HIGHWAY 119; THENCE DEPARTING SAID NORTH RIGHT OF WAY SOUTH 04001'19" EAST 110.22 FEET TO THE TRUE POINT OF BEGINNING. THE TOTAL DESCRIBED LAND CONTAINS AN AREA OF 420,973.08 SQUARE FEET OR 9.664 ACRES, MORE OR LESS. 4 RESOLUTION NO. 11-�21 A RESOLUTION APPROVING SPECIAL USE PERMITS FOR KERR-MCGEE OIL & GAS ONSHORE LP TO LOCATE SIX OIL AND GAS WELLS WITHIN THE TOWN OF FIRESTONE. WHEREAS, Kerr-McGee Oil & Gas Onshore LP (hereinafter "Kerr-McGee" or "Applicant") has submitted an application for special use permits to locate within the Town six oil and gas wells referred to as the proposed Overlook 2-30, 7-30, 8-30, 21-30, 27-30, and 28-30 Oil and Gas Wells; 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 permits 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, pursuant to Chapter 17.32 of the Firestone Municipal Code, the Firestone Planning and Zoning Commission held a properly noticed public hearing on the proposed special use permits.and adopted its Resolution forwarding 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 application, at which hearing the applicant and other interested persons presented testimony to the Board and at which a number of documents were made a part of the record; and WHEREAS, the Board of Trustees finds that the proposed special use permits for the oil and gas 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 hereby approves the special use permit requests of Kerr-McGee Oil & Gas Onshore LP for the location of the Overlook 2-30, 7-30, 8-30, 21-30, 27-30, and 28-30 Oil and Gas Wells 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. 1 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, waivers, variances 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. commence-ment of any work within the Town the applicant, including contractors and subcontractors, shall obtain necessary contractor's licenses from the Town. 6. 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, specifically an overweight permit from the Town is required for moving the drilling rig. 7. Applicant shall provide to the Town copies of any executed surface damage agreements or memoranda thereof respecting operation of the well. 8. 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. 9. 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. 10. 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. 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 using the Town's standard fence and screening detail. 2 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. 14. Drill rigs shall, to the extentreasonably 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 andconstruction trafficto 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. The use of pump jacks shall be limited to those running on electric motors. 19. The drilling rig used for drilling operations shall be Model CAZA-54 or equivalent type of drill rig. 20. Revise the maps to scale and add the street names to the site map. 21. Clarify if a new access point on to Frontier Street is being requested. If a new access point is requested; Applicant shall apply for and obtain an Access. Permit from the Town. If a new access point is not requested, a gravel apron is required at the existing access_ on Frontier Street. INTRODUCED, READ, AND ADOPTED this '� day of W Pm bet-, 2011. TOWN OF FIRESTONE, COLORADO . Chad Auer, Mayor ATTEST: n Ju egwoo own Clerk F,FtESrpNF rrf TOWN m i �� 4 - dQ EXHIBIT A Legal Description A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN, TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: TRACT 1 OF THE OVERLOOK AT FIRESTONE, REPLAT "A", RECORDED ON 03/15/2000 AT THE OFFICE OF .THE WELD COUNTY CLERK AND RECORDER AT RECEPTION NO.2755702. CONTAINING AN AREA OF 3,438,590.45 SQUARE FEET, OR: 78.94 ACRES, MORE OR LESS.. 4 RESOLUTION NO. 1 ` A RESOLUTION CONCERNING'A PETITION FOR'THE ANNEXATIOIN OF PROPERTY TO THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE FLATIRON 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 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 I: 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 applicable requirements of Sections 31-12-104 and 31-12-105, C.R.S., as amended, exist or have been met, including without limitation, 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 two or more parcels in a series. 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 are urban or will .be urbanized in the near future. d. The area proposed to be annexed are 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 1 by a dedicated street, road, or other public way, No land 'within the boundary of the area proposed to be annexed which is heldin 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 30.330 acres, more or less: k. The Master Plan adopted by. the Board. of Trustees of the Town of Firestone shall serve;as the plan for the area proposed to be annexed; in accordance with 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 Treasonable 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 each of the area.propbsed 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 l 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 Sections 31-12-107(2) or -112, C.R.S. b. 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, which are not to be considered additional terms and conditions within the meaning of Sections 31-12- 107(l)(g),-110(2) or 112, C.R.S: 7. The landowners of one hundred percent (100%) of the area 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. See tion 2. The Town. Board concludes that all statutory requirements have been met, that the proposed annexation are 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 authoritygranted 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 r , 20.11. Chad Auer,'.Mayor ATTEST: T°w 1u egwoocqTown Clerk tt ' 11 O���O 3 EXHIBIT A LEGAL DESCRIPTION FLATIRON ANNEXATION KNOW ALL MEN BY THESE PRESENTS, FLATIRON. CONSTRUCTORS, INC. BEING THE SOLE OWNER AND PROPRIETOR OF THE FOLLOWING DESCRIBED LAND, TO WIT: LOT 1, FLATIRON PLANNED UNIT DEVELOPMENT, IN THE COUNTY OF WELD, STATE OF COLORADO, PER FINAL PLAT RECORDED DECEMBER 30,1991 AT RECEPTION NO.02273563, IN THE OFFICE OF THE CLERK AND RECORDER OF SAID COUNTY, TOGETHER WITH LOTS I AND 2, FLATIRON PLANNED UNIT DEVELOPMENT 11, IN SAID COUNTY AND STATE, PER FINAL PLAT RECORDED APRIL 17,1998 AT RECEPTION NO. 2606946, IN SAID OFFICE OF THE CLERK AND RECORDER, TOGETHER WITH LOT 1, FIRST AMENDMENT, LOT 1, FLATIRON PLANNED UNIT DEVELOPMENT II, IN SAID COUNTY AND STATE, PER FINAL PLAT RECORDED FEBRUARY 25, 2010 AT RECEPTION NO.3677984, IN SAID OFFICE OF THE CLERK AND RECORDER, AND TOGETHER THAT CERTAIN UN -NAMED PUBLIC RIGHT-OF-WAY DEDICATED ON THE FINAL PLAT OF SAID FLATIRON PLANNED UNIT DEVELOPMENT 1I, LYING WITHIN THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 2 NORTH, RANGE 68 WEST, 6TH PRINCIPAL MERIDIAN, IN THE COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 11; THENCE ALONG THE EAST LINE OF SAID WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 11, SOUTH 00020'42" WEST, 34.42 FEET TO THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF THE PARCEL OF LAND DESCRIBED IN BOOK 931 AT RECEPTION NO. 1852633, IN SAID OFFICE OF THE CLERK AND RECORDER; THENCE ALONG SAID EASTERLY PROLONGATION, PARALLEL WITH THE NORTHERLY LINE OF SAID WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 11, NORTH 89-34'18" WEST, 21.63 FEET TO THE NORTHWEST CORNER OF LOT 1, SAID FLATIRON PLANNED UNIT DEVELOPMENT AND THE POINT OF BEGINNING; THENCE ALONG THE EASTERLY LINE OF SAID LOT 1, FLATIRON PLANNED UNIT DEVELOPMENT, SOUTH 00°03'20" WEST, 2580.48 FEET TO THE MOST SOUTHEASTERLY CORNER OF SAID LOT 1; THENCE ALONG THE SOUTHERLY PROLONGATION OF SAID EASTERLY LINE, SOUTH 00°03'20" WEST, 20.00 FEET TO A LINE THAT IS PARALLEL WITH AND DISTANT NORTHERLY 30.00 FEET, MEASURED AT RIGHT ANGLES, FROM THE SOUTHERLY LINE OF SAID WEST HALF OF THE SOUTHWEST QUARTER, SECTION 11; THENCE ALONG SAID PARALLEL LINE, NORTH 89°40'08" WEST, 751.61 FEET TO AN ANGLE POINT IN THE SOUTHERLY BOUNDARY OF LOT 2, SAID FLATIRON PLANNED UNIT DEVELOPMENT; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID LOT 2 THE FOLLOWING TWO COURSES: 1) NORTH 84.3714" EAST, 201.00 FEET; 2) SOUTH 89°40'08" EAST, 471.43 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 2, BEING THE BEGINNING OF A NON -TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 100.00 FEET, THE RADIUS POINT OF SAID CURVE BEARS NORTH 36°45'06" WEST; THENCE ALONG THE WESTERLY AND SOUTHERLY BOUNDARY OF SAID LOT 1, THE FOLLOWING 10 COURSES: I) NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 53-11'34" AND ARC LENGTH OF 92.84 FEET, SAID CURVE HAVING A CHORD BEARING OF NORTH 26°39'07" EAST AND CHORD DISTANCE OF 89.54 FEET; 2) TANGENT TO SAID CURVE, NORTH 00003'20" EAST, 456.41 FEET; 3) NORTH 89-38'18" WEST, 426.23 FEET; 4) SOUTH 05.4P40" WEST, 159.99 FEET; 5) NORTH 89°40'5 1" WEST, 198.38 FEET; 6) SOUTH 37-38'18" WEST, 63.69 FEET; 7) SOUTH 64°04'45" WEST, 61.12 FEET; 8) NORTH 88"59'1 I" WEST, 119.00 FEET; 9) SOUTH 03-28-51" WEST, 35.99 FEET; 10) NORTH 88059'11" WEST 340.55 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 1, FLATIRON PLANNED UNIT DEVELOPMENT, BEING A POINT ON THE EASTERLY RIGHT-OF-WAY OF 1-25 FRONTAGE ROAD; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY AND THE WESTERLY BOUNDARY OF SAID FLATIRON PLANNED UNIT DEVELOPMENT AND THE WESTERLY BOUNDARY OF SAID FLATIRON PLANNED UNIT DEVELOPMENT II, NORTH 05°45'50" EAST 601.73 FEET TO THE NORTHWEST CORNER OF SAID FLATIRON PLANNED UNIT DEVELOPMENT II; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID FLATIRON PLANNED UNIT DEVELOPMENT 11, SOUTH 86°42'46" EAST, 660.22 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 1, FLATIRON PLANNED UNIT DEVELOPMENT; THENCE ALONG SAID EASTERLY LINE, NORTH 05°46'09" EAST, 1747.51 FEET TO AN ANGLE POINT THEREIN; THENCE CONTINUING ALONG SAID EASTERLY LINE, NORTH 00003'54" WEST, 7.01 FEET TO THE NORTHWESTERLY CORNER OF SAID PARCEL OF LAND DESCRIBED IN BOOK 931 AT RECEPTION NO. 1852633; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL OF LAND DESCRIBED IN BOOK 931 AT RECEPTION NO. 1852633, SOUTH 89"34'18" EAST, 342.79 FEET TO THE POINT OF BEGINNING. CONTAINS 1,321,164 SQ.TT. OR 30.330 ACRES, MORE OR LESS HAVE CAUSED THE ABOVE DESCRIBED TRACT OF LAND TO BE ANNEXED UNDER THE NAME OF FLATIRON ANNEXATION. RESOLUTION NO. i 1-J A RESOLUTION APPROVING AN OVERALL TINAL DEVELOPMENT PLAN FOR THE FLATIRON ANNEXATION WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of an overall final development plan for the Flatiron Annexation; and WHEREAS, all materials related to the proposed overall 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 application; 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 overall final development plan and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed overall final development plan 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 does hereby approve the overall final development plan for the Flatiron Annexation, subject to the conditions set forth on Exhibit A, attached hereto and incorporated herein by reference. INTRODUCED, READ, and ADOPTED this day of �f r , 24l 1 Chad Auer, Mayor ATTEST: JuOeiwW Town Clerk �0 rp f r°wN '! SEA, = o O�=S•ti. '. f j�O RESOLUTIONNO, ll- A RESOLUTION AMENDING THE FIRESTONE DEVELOPMENT REGULATIONS CONCERNING FINAL DOCUMENT PREPARATION, REVIEW, RECORDING AND PROCESSING WHEREAS, the Board of Trustees desires to approve amendments to the Firestone Development Regulations concerning final document preparation, review,. recording and processing; and WHEREAS, the Firestone Planning Commission :after notice and Bearing, has recommended the Board of Trustees adopt the amendments to the Firestone Development Regulations as set forth in this resolution; NOW, THEREFORE, BE 1T'RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE COLORADO: Section 1. Section 8.3.1 of the Firestone Development Regulations is hereby amended to read as'follows (words to be added are.underlined; words to be deleted:are stfie en d,,.,.e - 8.0 Prelimimary Development Plan 8.31 Final Document Preparati6m and Review Subsequent to any approval by the Town -Board,, the Applicant shall provide the Town with,a. paper copy of all documents: amended by the Applicant, pursuant to conditions imposed by the Town Board, Town Staff will review these amended documents relative to any Town Board conditions. Once the documents appear satisfactory to Town Staff relative to the. noted :conditions, Town Staff will request the final documents are delivered to the.Town for.filing (See Exhibit S for the proper number and material of all final documents). The. Town Manager or his or her designee will be responsible for filing all final documents_ All resubmittals after Town Boardapproval shall"be. made ab6tifneR49 within:120 days of the date of Town Board approval. If, through no fault or delay of the Town, final documents:Bave not been resubmitted meted-€er reeefffing within 120 days of the date of Town. Board approval, the Town Board may call the matter up at a regular Board meeting and'.may vacate its prior approval for failure of the applicant to perfect the approval through the submission of final drawings. For good cause.shown;°the Board may provide the applicant ao extension of a specified number of days to resubmit present final documents fbr reee g. Section 2. Section 8:32 of the Firestone: Development. Regulations is hereby amended to read as follows (words to be added are underlined;::words to•be deleted are stfieken thr-euSAJ-): 832 of Qrdfitanees and. R0e.Teftd,#ig T;"iQd Filing and Maintenance of Final Do-cumenIs The Town Planner: will file and maintainthe approved"PDP in'the, Town offices. The P . OP Aalf, not be. rocoNed. 'Sektion.3. Section 9'.O:Qf theFire'storie Development Re lations ishereby amended to read as-t-Al underlined `,� words- to be,,d6efed are 4i6kef4 thFeu qw (wqrO&,to bezdded are 9-6 PT,ell.r.hinary. Plat 9.6 Pf669A09' for all PUD'sthe Pre:lfi-niniu' 'Plat' shall . be. rdtes�sed-concutreht y p lywi.th the, Preliminary Development Plan, and,pursuan.i to'the procedures contained in: Sections &.6 'through S':32 &43.. See:E AffiR S. for. submittal requirements, for both :a. P(eliminmy Plat and a Preliminary, nevIelppmeni, Plan.. In rare cases where a Preliminary. Plat is riot proc8sed.-With,'the Pfelin"u-naty Development Plan; tho :Submittal and processing requirements of Sections'8.6 grP.through,832-943 shdll: apply; neef6f.Town. Planner.. ,ply, except for those: Which th�: Town, 8ngi have ident.if.jed as: OotapPJicablolb the subdiviskhxequest. .Section section 10:5.. , -2 1 0 of I the: . Firestone Development Regulations is hereby amended toread a&1ollows, (wordg:t&be added are underlined): 10A Final Devel6pinehtElan peve.iqptneiitSchedule .The project; will begin, the 4pproxmiatp, (late � on which: construction, of the p stages,in:which the; proj.ect:will.be built. inclii-difig A des4tionagd depiction of the development, lopment the approxi . mate,date when the of each stage. Will.,begin,. the approximate ratp. of :devdlo rrient,the . interim uses and lreatrnent:<dfzqteas waiting to be developed, the approximate dates when :the development of each of the .stages in the ddv6l6pmeAt will b'e corQbleted.arid the area and location, of , common, open space Thai will be provided at each stage of' the developniefit The sp6cifie deV,dlop"m'dht.tchediile'3for .alf:HOA o txesiai"'e, 6.. T ' he specific jand.problic parks shall also developrnent.schedule far all ,fencing ta be.cohstracted by the: developer shall also be ansitatement. stated. Include: A.plan expira� Section 51 Section .10.6.6 of 'the Firestone Development Regulatiohs is:.hereby amended ta read as follows (words to. 4e-added'aie. -utiderlihed-Y 10.0 Fhia'lIDeV616prnenW Plan lff.Ok PrpjM Plan'. An:ov&aft-blanof-thesproject at whatever sca'lemecessaryto: show the entire: :6-Vel6pirient, on, one 24-inch by 36-inch sheet, includiftg a ftietion of: each dpyftment. Section; 6. Sectiorr 10.30,bf'the,:.Fii6stbn6-.Qeveldpr4eqt,VegWatibtis ishereby aitenaed to.read:as follows. (words,to be added are underlined; words to. be: deleted:. are:s4ieken thfatt 16.A: AnalDev4op)PO."tapillan 10.30. Mal` DO'cii mie:U"Priep'a"ratio . n, Review And -Recording.. Subsequent -toanyap prov'al.by the T.oWfi Board, ,the Applicant shall provide; . the Town with a paper copy of all d 6 cam . eatt amended WApplicathe n j pursuant.to conditions imposed' - by the Town Board; Town., will review these :ampndqd, :d . ocumdhts, relative: to any . Town ,Board ddndifibn&: Once tl e. documents appear satisfactory -toTown Staff relative.. td.the.n6ted, conditi6hs, Taftstaff will request the. final -d.o.cuments, �includiftiyAtt be delivered to the. for filing (See Exhibit Qfor the proper number: and material-of'all finaLdOcumefits)'. T1i6 Town NIF*qor his:0 her designee will be responsible offiligg::all final -documents. spoiiO,ble. f All resbbmittals:: after Town Board approval shall be made *f4dy t a. j4t e#d4 6 p6oRj . t feq�ging 4-fj�al Oepo*e#ts within 120 days of the :date of Town Board approval. For good. -cause, -shown;. the: Board, ma y i..piovide the gpPlibant art ektensign" of,,, a, speci .. fled I number of days to resubmit final documents, It through; no fault: or delay.. of the Town;, final documerits'have not.teen recorddd:p'eseflt ' d fi . �� f4obMiAg wAhin :120 44-f6:threb IgAL& of the date of Town:B oard:2- Droval for Town Board ApILrciV.al-f6r::developmerits `that7:include :an' v.-non-residential:use, . the town Board may cal Lthe,.rna . ttcrua at: asregular Board meeting and may vacate its 'J�rd� of, ' prior approval for `failure :the applicant: to Detfdct 'the Approval thtoue the iRrecordin . df:final drawings, For 'good cause shown,. the Town Mand B.6.4. Aiiay';: provide de.: the. Applicaht an extension: of. up. to two,...,years: to. more than two :,Years: to record . :final: drawlns mgy be granted by. the Town Board 3 n its -sole _azid absolute discretion �„ �: ��' n,«, ,nr days to prase,,* finaldecuffiefits Section 7. Section 11.1.1 of the Firestone-Developinent Regulations is'hereby amended to read as follows (words to be added are:underlined:words to be deleted are sen difou}: 11.0 Finalflat 11.11 Processing For allPUD's,the Final Plat shall be<processed:concurrently`with the Final Development Van, and'pursuaint to the procedures contained in Sections 103 4M through:10.3 l 40-44. See Exhibit U for submittal requirements .for both .a,Final Plat and a Final Development Plan. In rare cases where a Final Plat is not processed with =he Final Development Plan, the submittal and processing requirements of Sections 10.7 , through 10:31 19 44: shall apply, except forthose which the. Town. Engineer or. Town Planner have identified as not applicable to the. subdivision -equest. Seetion� 8.: Section 12.6 ,of the. Firestone Deyelopn:ierit Regulations is hereby amended to read as follows (words to be added are underlined; words to be deleted are stFieken dff-o*): 12.0 Minor Subdivision. .12.6 Processing Minor Plat applications shall be processed in. accordance with the eouirernents of Title .16 of the Town Code and Sections 1.0.7 through 10.31 of these Development Regulations, except for those grocessng requirements that he Town Engineer or Town Planner: have identified as not: applicable -to the minor subdivision e uest. Section 9. If any portion .of these amendments to the Firestone ,Development. Regulations approved and adopted by this resolution are held to. be invalid for any reason, such decision shall not affect the validity of the remaining,portions of. such Regulations:. The. Board of Trustees hereby declares that; it would have approved and adopted such Regulations and each part thereof 4rrespective of the fact that any one part be declared invalid. INTRODUCED, READ, and ADOPTED this; day of El TOWN OF FIRESTONE, COLORADO: c tj Chad -Auer; 'Mayor ;ATTEST: J 'Hegw d;,-Town Clef .. TO IN t = SEAL Io CEO •• ; 040�- • Towwof FirestofiSfandikrd form 9ubdiv'j§i6n Agreement' Draft Revision Allowiing.Pa,rti.al kelease of Financialt'uarantee New Language Is'Underlined Draft 9e.28'11 1:6 Qnditibnal:Acceptance, NbUter, than f6u.fteeh (14):.days. after kripf6voitient8. for, a Phase u tv IOR I -OW., at6 c6mPl6te.d,.fbr the. Subdivision, �S b.di id[14 shall request i.h.spea" " b th T, 1. n.. If.Subdivider does not request thisis ec1i n-within fourteen,�14) daysof completi onof improvements, the: Town may. conduct the: inspectionwithout, the approval of . Suh&lyidet shall Pio'vidX %s'bu'jlC draikihgs�.in,�b6th,ha�id-cc��aiidele'6tedhic.ftle,.fonnat.acdeptabtd-.to::'the:Town,an,daccA..i.ti,ed,s,t.a.te.m..e.nf d,copstru:cii0n, costsno later than. :fort iYe(45)-da'ys,after ,imp . rovements are completed. If Subdivider, forty-five h.as��not, m . topleted,theAmprovemcrits . on or beforethe: completion Aates set.".forth;in; Section 1.3(b).and Effibit B:,. the. T6wn,-may: exercise its rights to: sdc'&e, peffotmarfic.e. as provided in :Section: 81 of this Agreement' If imprOverftentg Completed by Subdivioer are satisfactory the, Town shall grant "conditional acceptance which shall be subject. to: "final: -�acc'&Ptanci-e" as -set, forth hereih. :If, improvements completed by &bdivi&r a're unsatisfactory; the T6wfishall. prbvide Written" notice: to Subdivider of th6 repairs, replacements,construction or other work required' to teceive",'Onditional acceptance.!' Subdivider shalLcomplete all needed. repairs, replacements, construction i Or�other Work. within thifty.(30)days ,of: said. notice-, weather ' permitting. Aftrst6dividdr completes. the repairs, . . ing replacements :Construction, or .:other wor k' req4ire.d,, Subdivider.. shall request of. the 'Towns a re inspection of such work to determine conditional acceptance cah-be.&anted,'Ahd theTowfi.shali. provide. written notice : to Subdivider : of theacceptability or 'unacceptability of such work prior; to proceed ing: to'coplplete Any such ai'Subdiv*rls:exvense, If'Slibdivider does not, complete the repairs, replacements, construction :or other, work, -required within thirty (30)days� of: said 'notice, -the - Town. may :exercise its rights to: 9e,&Ure. performance asprovided -in Section . . r8 gr . A ..of this,A demtnt. The -,,,, Town reserves -.the fight toschedule rei�q§pections depending upon scope ofdefici: ncies. Town; accompanied by a statement of construction costs :.for. such, iingrovdments. If such� In zdditio'n to the restrictions in Sections: 1.11 and 1.14! the flhandal,zu&aWee! and phdyrn ... larx wrt'innsl na huildihg;.ner'mits: shall be issued within A,Phako until the Irnordvemie'rit: Guarantee for :that Phase has,.. been vided to the Town, Furiheer,-,no,more than building, permits. for -the construction of single:family: residences,.within such, -a Phase; shall be:�issued b" the Town until water lines, fir6 'hydrariits. sanitary :sewer line§.- wid. streets {including curb,, gutter, and. sidew.alk. .pavement with at ,feast the .base: coursecompleted) serving: such structure: have been completed and` gra..n,ttd;eondi,ii.'Onal,acccotance,., No'buildingpermit& shall be issued:Ifbr-any structure lo6ted:in­e'xcess:. of nine hundred fe6t,, fr6m Asir r gle point ht of,d6cess. RESOLUTION NO.,11 a S A RESOLUTION AMENDING SEKOFFENDER REGISTRATION FEES WHEREAS, the Colorado legislature during the 2011 legislative session adopted House .Bill 11-I278,. which amended the Colorado Sex Offender Registration Act, (the "Act") to add new limitations on the amounts of registration fees .local 'law enforcement agencies, may charge to persons required to register pursuant to the Act, to allow local law enforcement agencies to waive registration fees for indigent persons; and. to, require 'loca , law enforeemerit agencies to accept, timely, registrations in all :circumstances eyen. ;if the person is uriale to pay the fee at the time of registration; and WHEREAS, it is necessary for the Boardof Trustees to amend its sex. offender registration fees, in order to comply with House 13111 11-1278. NOW, THEREFORE, ICE 1T RESOLVED .BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO Section 1. The sex ,offender registration fees as set forth on the Firestone Police Department, Fee Schedule are hereby amended to read as foilows (words to be added are, underlined; words to .he deleted are stfieken tkeugh); Sex Offender: New Registration 449 S75:00, Annual Registration $404:99 $25.00 Quarterly $54,08 $25 00: CrE£flatl$ The Town shall accept °a timely application for sex'.offender registration in all circumstance even if the person is. unable ;to pay the fee at the time of registration. The Town may° waive the sex- offender registration fee for an indigent person. 1, INTRODUCED, READ; and ADOPTED this �Y day of Sm 2011. TOWN OF FIRESTONE, COLORADO C Chad Auer, Mayor. ATTEST: rOWP� J egwo dTown Cle m = SEAL, : Q l �T�1512011-10;J7e141(rn�g rlonr/kcsYrfuiions.+S��cOffcndcrRcgFccres NOTE: This bill has been prepared for the signature of the appropriate legislative officers, and the Governor. To determine whether the Governor has signed the bill or taken other action on it; please consult the legislative status.sheet, the legisla#ve, history, or the Session Laws. HOUSE BILL 11-1278 BY REBRESENTATIVE(S) Gardner B.;.Barker, Fields, Labuda, Looper; Schafer S.; also SENATOR(S) Morse, Boyd„ Guzman, Hodge, Jahn, King S., Steadman, Williams S. CONCERNING SEX OFFENDER REGISTRATION. Be it enacted by. the General Assembly of the State of Colorado.: SECTION 1. 16713-902 (5), Colorado Revised Statutes; is amended to read:. 16-13-90.2. Definitions. As used in this part 9, unless the context otherwise requires: (5) `8exualiy violent. predator" means a sex offender who is identified .as a sexually violent predator pursuant to section 18-3-414.5, C.R.S., or who is found to be a sexually Violent predator or.its equivalent in any other state or,j.urisdiction, including but not limited to a military or federal jurisdiction: FORPURPOSESOFTHIS SUBSECTION (S),'-'EQUIVALENT", WITH RESPECT TO AN OFFENDER FOUND TO BE A SEXUALLY VIOLENT PREDATOR OR ITS EQUIVALENT; MEANS A SEX OFFENDER CONVICTED IN ANOTHER .STATE OR JURISDICTION, INCLUDING BUT NOT LIMITED TO A. Capital letters: indicate ,new -thatei=ial addict to ; xrstttlg s1[1ltrfes; dashes *o0 h words indicate, deletions from existing statutes and such material not. par(q .act. MILITARY, TRIBA LJERRITOk[A-L', OR FED.E. RALIJURI SDIC-TION, WHO :HAS. :BEEN. ,ASSESSED ORLAB LEQ:ATTHE.,.HIQHESTj G15TRATtONANDNOTIFICATION LEVELS IN'THE JURISDICTIONWHEKE RE CONVICTION: WAS 'ENTERED AND WH6 SATISFIES THE, AGE ' DATE OF -OMNSE::,: AND CONVICTION. REQUIREMENTS FOR. 5MUALLY'VIOLENT: PREDATOR STATUS' PURSUANT To COLOkAb6:1,M&I. $E'1CT1.0N.2.. 1.6- 134903., Colorado.kevise.d. Stiatute's, is amended 3Y THE ADI)ITIONOF A NEW SUBS ECTI QN, to re.ad, .16431-903. Sbixu'ailly Aolent prWator subject, o community rioti&ation; deterinihatibn —.1mokinentation... :(5), A sEx-::OFFENDER, CONVICTED IN ANOTHER JURISDICTION, WHOB DESIGNATED .ASASEXUALLY 'JIOI ENT PREDATOR' BY'THE-DE'PARTMENT. OF PUBLIC :WETY r0k.PURPOSES� OF: COLORADO -L NAT N AND' LAW ,SHALL BE N.QTI,FIEID:O,F. HIS: OR HER'DESIGNATION, Q ,G I -SHALL HAVE.. THJERIGHT TO APPEAL THE: DESIGNATION IN DISTRICT 'CQURT.- SYCT.10-0,1 16-2.2402(9),Colorado Rev isdd Stdtutbs, islaffiended. " 3Y INEI ADDITION : bF A NEW PARAGRAPH to read: 0 1&22-102. Definitions. As used in this ar.ticte, unless the: context: .Otherwise requires;..: WfulseXwq1b,6h an yof the fbl:lbwip�--:offdn§e& avi'or means an of criminal :atterhijt,. conspiracy, :6r solicitation` to commit .any Oftfie' NIQW_jng offenses.. (bb). SECOND DEGREE IN VIOLATION OF; SE& 16- N18-3=3,02(3),(a),,,C.R.S. SECTION. 4,: 1:62. 403 ColoradoRevised .%e 1. .,vis Statutes, ,is arhpodoO'to, read; 16-22-4.03., Sex offender n ion _: r gistrat" 6quired - applicability exception. (4 EffidiVe:: July'l, 199.8': the following persons shall be! q an . re uif6d to register -:pursuant! to : the provisions: of section 16s-22,108 and: shall: be, s0i ect to the -,requirements and other 9p -ovisi specified in this provisions article-, N Any person who was: convicted ,on or aftef-Jul. 1, 199.1�, in A .P... G.E.,:2-.HOUSE: BILL I.J.1-.4278: dri6ther. state ,or jUrisdittion, ihdItididg biwriotlLmited to dmilitaty; TRIBAL TEWTORIAL.. or. federal Jurisdiction, of an oMAse that, if QorftihittW. in Colorado, would constitute a6iml0Vful`se'kua1 offen kd6fm offense,,as edin.seaion 18-3-411 (I)i -C K..S.1, enticement >of :a :child, as,: described. -in section 1.&M05-, QRS..-, pr, internet Turing of a- child as described- in section, 18-3.-30.64.C.R,&;< and SECTION 15.. ­1`6-22-166 (3) (a), Colorado Revised 'Statat6s,.i is amended. -to read: 16- 2.2.49. or 6.. 'Duties. -. prob,.ation: department', T: community corrections administrator - court perspnnel w. jail .personnel,- notice. (3) (a) .(I) IF A PERSON WHO .IS REQUIRED TO: REGISTER. PURSUANT TO SECTION 16-22-1013. IS HELD; FOR -MORE. THAN FI.VE BUSINESS DAYS IN. A .CQUN"FY!-JAIL<PENDING:COURT OIS.PO5jTl.O.N:%FOR ,ANY'.OFFENSE THESBEFJFF OF THE COUNTY IN WHIM'THE COUNTY JAIL CIS LOCATED:, OR HIS. OR,HER, DESIGNEE, SHALL'TkANSMIT TO THE.'LOCAL LAVENVMCEMENT AG)sN CY'OF ,THE JURISDICTION IN WHICH T-HE,PER90N WAS LAST REGISTERED AND TOTHE; CBI'CON4F1'R;M_A'TI'0* OJVT 'H'E:"P'EkSON'S:,-REG'I"STRATION T HE' CbNr­1kMAT'I­0'N', SHALL . : . . BE T. RANSMITTED QN-A STANDARDIZED F6RM.?RO . VIDE0:I3VT4E;.CBI, ANP.:SHAL.L1..N.QI,QQE THE ADDRESS.: OR: ADDRESSES ATWHICH; THE TERSON. *WILL RESIDE WHILE. IN C1USTO.DYOFTHE,C0UNTYJA.ILj THE PERSON'&DATE:0F BIRTH;. -A C.URRENT.P1,10TOGRAPH OF THE, PERSON, ;AND; THEJERSON',. S. ,FINGERPRINTS. (f) (11) If -a pers6h who. is required to :register pursuantto section. 167-22-103,is s6fttehced.to:a county jail FOR ANY OFV8NM.-thesher1ff.bfthe county in whi'ch- the county.. jail is located; or bi s: or her designee.; as soon as. ,possible.f6.116wi.rig: sentencing; shall: transmit: to: ;LOCAL` LAW: ENFORCEMENT AGENCY OF THE JURISDICTION IN: WHICH: THE: PERSON WAS .LAST REGISTER.F-.DAN,DT.othe 'CBI 'lc6tifirmaiion of tlic�.pers.Ori's:r.egi.straiion,. THE, CONFIRMATION SHALL BE TRANSMITTED: on,: a: siandardize'd form provi.ded:by:.the C131, usmEANO: SHALL INCLUDE the ., address dfAddre§ses1at: which the person will, reside! -while in custody of the: county jail, ,oriel` ffi�ffiglhe:pe . rsori's-date.ofbiiih., a current p'hotogtaphl,of the personi a . ftd' the'Terson's. fingerprints. (111) The provi.sions: of thi's paragraph(4) shall apply.to,.perqons,. sentenced on or after January 1, 2005. PAGEI-HOUSE B10,11-1279. SECTION: 0'. 16-22 169 (1.). (b): the introductory portion to 16-22-108:(.3.), arid 16-22-1Q8 (7), CQ­1o,tadQ'Rev'ised.., Statutes, are Attended toxoad: 16-12-408. RegWkAfion:w procedure-4requency-, place of address - fee. :(I) (b) Except: as otherwise provided:Iln paragraph (0) of this subsection: (j), .each person who .is requirv.d to Tegis.ter.pursuant to:. section 16_22-1.03, shall reregister on WITMNFIVE BUSTNESSDAY&BEFORE, OR AFTER the person's first birthday following initial registration and. annually on'WTTHIN FTYE BUSINESS ,DAYS BEFOREOR AFTER the person's bkWdy thbredft&.' birt�daynfalls dit-� . Sliitttrday-�Stind# -bt br her birthd�y- Su'ch person shall reregister pursuant to this'par4grdph (b) with the local law enforcement agency of each jurisdiction. in Which the person. resides cn W1-TH­1N'F­1,VE BUSINESS DAYS BEFORE OR AFTER hiS:or her lbirthday, ,i'n.the manner provided in.paragraph-(a)., 'tbof:is subsection (1), person who is �r d t Any': p pursuant to section pqqire,. o register , pu 16 WITH 'E .62 4 3,'Sh�-li6e�,.equitCdtOregistef MFIV, BUSINESS: DAYS:BEFORE OF: AFTER each time: h I such pers6ft- Changes the address ss' At which ,a: vzlilft't,.-trailer; or motor home: is:located, if the vEkICIL8,jr..afler,; or motor home ls'the:person.'s. 01 ace of:re.sli.dencq,'regardless of. whether the -new address is within the jurisd.letio"n of the law" enforcement agency Withwhich such person. pre:viously te9 i8tered; (4 required Sectidn.1-6-227"1''03:,cea§es:to.,fesid6 At aii.�iddre§s, 6ney of iht j6�i�dittioh hi whidi mid, address ias., locatcd; by compi6tkrg.. a f6rn7, availa eg §tration shali iA THE PERSON :S HALL, REGIS TER, WITH T:ffi 'LOCAL- LAW ENFORCEMENT AGENCY FOR ;HIS QR:HER NEW ADDRESS AND INCLUDE -the address at, which; the person will no longer. reside. "end all. addresses. at:which, the person The. il&,the:NEW P ..e,,p6rsbmshA11' f -b itrat n rmiafbt forh within 'PiVe business days after ceasing ;to, reside at, an address. ..A ib�al ja*tfif bircrient �g=6�`-thzrt r6cci**§ -a, mgi�tr.Aiibh.canceffiftion -ffitin THE: LOCAL. ENFORCEMENT' -AGENCY THAT 'RECEIVES THE "NE*AEGISTRATiON FORM sHAt".­1, iNtbkmTALPREVIOUS - PAGE ;4-HOUSEHILL 1:1-1,278 JURISDICTION OF 'rn- CA]VCELLATION OP 'THAT REGISTRATION AND shall electronically notify: the CBI;:orf the registration cancellation. Jthe. person inoves to , (II). ANC' TIME'A;PERSON WHO':IS'REQUIRED TO Ri GISTER: URSUANT TO SECTION 16-22,103` cEASES TO RESIDE.AT AN ADDRESS AND. MOVES TO ANOTHER STATE', THE -PERSON SHALL:NOTIFY THE LOCAL LAW ENFORCEMENT ` AGENCY OF THI :JURISDICTION IN' WHICH SAID ADDRESS ;IS, 'LOCATED: BY COMPLETING :A WRI'TTEN 'REGISTI7ATION CANCELLATION: FORM; AVAILABLE FROM. THE; :LOCAL LAW ENFORCEMENT AGENCY: AT :A M NIMUM, THE REGISTRATION CANCELLATION; FORM SHALL 'INDICA:TE THE .ADDRESS AT: WHICH. TI;IE PERSON WILL NO,LONG:ER RESIDE;AND;ALLADDRESSE5 AT WHICH THE PERSON: WILL RESIDE'. THE PERSON: SHALL 'FILE; THE, REGISTRATION; CANCELLATION FORM WITHIN: FIVE'BUSINESS DAYSAFTER`CEASING TO RESIDE. AT AN ADI]RESS.. A LOCAL-LA.W. ENFORCEMENT AGENCY THATIECEIVES k .REGISTRATION CANCELLATION FOW-5HALL-ELkTR6NICALLY,NQTIFY THE CBI OF rtt REGISTRATION CANCELLATION. IF THE PERSON MOUES: TO ANOTHER ;STATE;; THE C$:I SHALL PROMPTLY NOTIFY THE AGENCY .RESPONSIBLE FO,R:REGISTRATION'iN THE,OTHER STATE: (li}; If a; pefsori fails. to s bihit the NEW REGISTRATION' DORM OR: registration cancellation forrri as required in paragraph (d) of this subsection. (4) and theaddress. at which the per§on is no longer ;residing; is a group :facility;. officials at such facility may provide infoi-matioh eoncerning.'the; person's ,cessation, of'residency=to the localJaw enforcement agency of the jurisdiction ;k whichthe :address rs :located, If.;the pgr4pn, is a juvenile or. developmentally disalbled and: Uls to srtbmit the registration. cancellation. form:as.required in paragraph.(a) of 'this subsection, (.4:) and the address at: which the person is no .longer residing is the. resi'd.encd of his Or her parent; or legal guardian, the pefsoh's- parent.:or legal guardian may provide °infM nation coricern'ing the per5ori's cessation of.residency to the local :law enforeeinent agency of the;jufisdiction:in which the address is:Iocated. Any law enforcement.. agency that -receives. such inforrnationAall reflect in its records that the person no`fonger resides at said'group faeilityorthe:parent`s or legal gprdian's:residence :and shalltransmit'such information:toothe CBI. Provision of information by a group facility or ,a. person's parent or legal' 'guardian pursuant to this paragraph-(b) shall not consfitute a defense to a charge of failure to:.register as a sex,offencler. PA6E;:5 HOUSE BILLA.1'-1218 (7) (a) A local law ertfircement agency: may establish aregistrkion feeto be:.vaidy p, gisterii�g: and reregistering 0WALLY OR l �. bepon persons QUART.Rpy wii F the: local law enforcement agency pursuant . the: h prooi8ions of'this .seefioq.: The amount -oRhe: fee shall reflect'thp. actual direct costsincurred by the law priforcement..'4genc, iniqi0ernenfiin 9 the :ptov'i'sidhs of this: afticle, .BUT SHALL: NOT EXCEED. SEVENTY-FIVE DOLLAks FOR THE INITIAL REGISTRATION STRATION WITH' THE, LOCALLAW ENFORCEMENT AGENCY "AND,"TWENTY-FIVE,:bOLLARS FOR-ANY'SU9SEQQENT ANNUAL OR,00AATERLY. kWtSTRAtioN. )'T4tt6CAti�A'W.E74FoRCEMENT'AGENCY.iMAYWAlVETf4EFEE:FOR- AN-INDIGENT PERSON: FOR ALL 'OTHER" PERSONS, THE LOCAL LA tNFORCEMENT'AGENCY ,MAY PURSUE`PAYMENTQFTHE FE.F;THROUGH IA:.C.1viLlI COLLECTION, PROCESS'OR ANY OTHER LAWFUL ;MEANS: IF TK PERSON 1& UNABLE TO: -PA Y AT'. THE TIME 'OF REGISTRATION; A LOCAL. LAW :ENFORCEMENT -AGENCY SHALL ACCEPT A TIMELY R­EGISTRATIONAN.ALL CIRCU"MSTANCE'SIVEN IF THE PERSON IS :UNABLE TO PXY TH8: FEE AT THt (0 A:LOCAL LAW�ENFORC-LEMENTAGEN.C.YIMAYNOT CHARGER L FEE; TO -A PERSONWHO PROV DE I S:A-N UPDATE TO:HIS OR, HER INFORMATION" FITHIS: SECTIQ PUR$:U0-T TQ SJjMQTION'r0) 0 SECTION 7. The introdud6yy_.,p.6fti6ii 622413 (1)16�227113; (1) (d) and (6), and; the., introductory portion to. 16_122-7113:(2): (d);.: Colorado ::'Revi'sed:StatutesL,ar,e:ame'ndedj and.the.said 1,6=22-j 13 is further amended BY THEADDITION OF ANEW.SUBS CTION, to read: 1.67-22413,;: Petitiotiforreftioval ftqw registry, (I: Except: as ' otherwise provid..ed. in su sec .i`n f thiss)ktjQn7,anyp�rspn reqqired _6 e fogik""ir -pii1il§i.iahubs section 1:6-12-103 or whose lhformation'is: required t' o be..Pb§ted6h,.'the-nterft&tpiitstiant to sect lonl6-22-111 inay-file-alp&titiori 1with the courf, that issued: the order: .of judgment for:. the conviction that ,requires - person, to> register: for an, order ffiaf disconthipes, To :DISCONTINUE. the r.eziukemenl:for : such. registration or Internet posting; or, moths as follows: lfthe 'person was required :tb,'rOkifter due to' he!p-g,.plAcdd on a: deffifdd judgment acid sentence or a defe,r',r,e4d.adjudication :for ":an" offen'se, i IV sexual behavior; afterlths�u"c' e�.ce'ssful..66iiipt6tiori of the nvo Jh unlawful PAGE 6HOUSE BILL 1.14.278 deferred . iudg'mefit'afid sentence or. defefted,adjudicat ion And.dismiggatof the case,, if the pers.onz.pribr: to such, time has not: been subsequently convicted of unlawful. sexual.. behavior or of: any other offense; the underlying,fadual'basis. of which involved unlawful sexual AND THE COURT DID -NOT `ISSUE AN ORDER EITHER CONTINUING THE` DUTY TO, REGISTER. OR. DISCONTINUING THE DUTY TO REGISTER PURSI)ANT. TO PARAGRAPH (a): OF S.QB.$EQTION'('!J).'OF THIS. SECTION; If the:perscin: was y"oung&than: eighteen y6ars of:age atthe; time of .disposition or adjudication, after 'the successful completion of and, discharge from the. sentence, if the personprior to: such: time .i has; not been subsequepflyconvicfedof unlawffil: sexual beh4yionor of any other offense, the., underlying factual basis, of which involved -unlawful. sexual, behavior ANDITHECOURT DID NOTISSUE AMORDEWEITHER CONTINVINGTHE DUTY'fO REGISTER OR I)I5QQN.TI:NUING 'THE DUTY 1.0 REGISTER PURSUANT TO PARAGRAPH OF SUBSECTION (1.3)`.OF THIS SECTION.: Any person oetitioni4gpursuant, to this �paxAgrdph (6)'MaY- also petition for an :order xemoving his or her ndmeffOrri the.sex, bffend&Tegistty,1 InAderminhig whether:tq grant the :order, the., court., shall consider whether the sperson,is likely to commit a: subsequent .offense of or; involving unlawful; sexual behavior, The court.'shall'base its deterrnihation:on recommendatiohs from: the ':,person's1pTq Mion.,& comffitiftify'l)goleWef,,thd pet5on'.s treatment; �"o.ff provider, and the prosecuting zttorney for the jurisdiction in which id h: the: Person": :oh the ,r'e'cb.fnrhend.d.tio:iis included in :the persons. report.presentence investigation wri . tteMor oraltestimonysubmitted bythe vicfifn-: of :the oMnse. for which, the petitioner was -required to -register. Notwithstanding the provisions, of .thi& subseotipri (1); Ajuvenile*ho filesa petition,pursuan! to this; 's ection irnw-fil,e,the. peti.tion..with thecourt.w which venue i.siransferred.:.pprsuant to,sediori19-2A05, Q­Rs., if any:: (1J)'(a) IFA,;PERSON:IS:ELIGIBLE. TO:PETITION, TO D111SCONTINOE HIS, OR,HER Dury-ro REGISTERM . RSUA . NT . TO PARAGRAw(d)%OF SU9SEC't,.fON:(..l_.), OF TAIS-SEtTIOX, THE COURTS AT.LEAST,,SIX'ty'BAYS ,BEFORE bismis'si"NG T149 CA SE,.SHALLNOIHFY,EAC H . 0 1 YTHE .. PAR . T . I I ES;DE, . SC . R . IBED IN:PARAGRAPH ARAGRAPH {a) OE SUBSECTION: (2).0F.'rHIS. SECTION, THE PERSON, .AND iTH'E VICTIM OF THE OFFENSE FOR WHICH THE, PERSON -WA.SREQU.TRE.D.;T,(D.:,R.E.GiSTER, IF -THE VICTIM MS REQUESTED NOTICE AND' HAS PROVIDED: CURRENT CONTACT INFORMATION, THAT THE COURT WILL CONSIDER,W"ETH, ER TO ORDER:THAT THE PERSON :MAY; OR HER DUTY TO RFGISTER. WHEN. THEE PAGB7-140USEBILL 11-1278' COURT DISMISSES THE CASE AS. A RESULT' OF, THEPERSONS SUCCESSFUL COMPLETION OF THE, DEFERRED. JUDGMENT AND-SENTENCEOR -DEFERRED ADJUDICATION: -THE, COURT SHALL -SET THE MATTER FOR-KARING IF ANY OF THEPARTIES: DESCRIBED `IN;'PARAGRAPH �OF SUBSECTION (2) OF'lTlIS SECTION OR: THE VICTIM: OF:THE.OFFENSE OBJECT, OR IF THE PERSON REQUESTSAREARING. IFT!iE:COURT-EWERSIAN'OROERLDISCONTIN.UINGTH8- PEkSON'S: DUTY TO REGISTER; THE PERSON SHALL SEND A COPY" OF THE ORDER TO -]EAdq LOCAL' LAW ENFORCEMENT AG I EN . AGENCY . WITH I _ WHICH . THE., PERSON IS'RE:GISTERI . A . ND TO ff.1 . 8 CBI.. lFTA8VICTIM LOFTHE.0PF8N8E HAS REQUESTED NOTICE, THE CO.URT:SHAUNOTIFY THE VICTIM .OF;.ITS'.DECISl'ON : EITHER ,ro CQNTlNlUE..QlR DISCONTINUE TH.R.PERWSSI -DUTY TO.RE..GlISTE.R,.:. (b)(I) IFAJUYENILE IS�EL161BL8TO-PETITIONTODISCONTINUE: His OR 14ER DUTY TO.REG I STER'PURSUANT7170: PARA G RAPIT (e) OF:SUBSECTION.(1).OF THIS SECTION, TAE'COURT, AT LEAST'SIXTY DAYS BEFOR-t`Dl9CHARGINGT-Ht JUVENILE!9 SENTENCE, SHALL NOTIFY EACH, OF THE PARTIES DESCRIBED IN PA.R, ACR. A e�:(00 FISUB.SECTI ON( OFTHI:SSECTION,:THEJ(V84lLE,A'ND:THE: VICTIM, OF: THE OFFENSE R WHICH THE, .HE.'JUV:ENI.L.E. WAS :R­EQ' UIREP T REGISTER, IF THE VICTIM: HAS REQUESTED NOTICE, AND HAS PROVIDED QUgRENT'CONTACT INFORMATION'. THAT THE C.009TSUALL CONSIDER WHETHER. TO:ORDER :THALT THE JQVENI.LE'MAY �DISCIQ . NTINUE'HIS OR HER, DUTY TO.REGISTER WHEN THE COURT DISCHARGES THE JUVENILE! s:. SENTENCE. THEcOukT.SHALL SET THEmATTER. FOkHEARINGjFANy OF THE. PAk,T,48 bEk,100 OF THIS SECTION" OR THE: VICTIM OF THEOFFENSE OBJECT 0 . R IF THE 10VENIE81EQUEST-5 A HEARING ANDSMALL CONSIDERT"8 IN PARAGRAPH (6 OF SUBSECTION: (I) IN DETERMINING WHETHER TO CONTINUE O9J3I5CQNT!NQE THE DUTY TO REGISTER... JIF;THE COURT, ENTERS. AN.:ORDE.R:DISCONTINUING: 1� I HE,,JUVENILE's.,D,tiTY.TO.REGISTE.R., THE DEPARTMENTTOFIHUMAN:SERVICES, SHALL SEND.A. COPY OFIHE: ORDER: TO:EACH. LOCAL LAW ENFORCEMENT -AGENCY"WITH:WHICH THE: JUVENILE IS� GISTEkED,: TH9,JUV8NILE`PAR0LE :BOARD, AND' TO:TRE CB16 IF'THE VICTIM OF THE OFFENSE. HAS&RIEQUE REQUESTED I t NO -SHALL NOTIFY THE VIC lm: OF S DECISIONEITHER TO: TICE, THE COURT . IT. CONTINvt Ok,Dls-cb.NTIN(JE THE JUVENILE'S' bUT.Y'T;Q. REGISTER. ,(11) IF A JUVENILE I'S ELIGIBLE.T.OP'EITIT.IONTO'DISCONTINUE-.�.H.[S,O,R, HER REG ISTRATIONPUWANT T . OPARAGRAPH.(e)'OFSUB.SECTION.(f')QF THIS SECTION: AND IS, UNDER THE CUSTODY" ..O.F'THE. DEPARTMENT -OF MUMAN SERVICES AND YET TO BE RELEASED. ON PAROLEBY THE J . UVENIL . EPA . ROLE. BOARD; - RrMENT'OFIqUMANStkV]CESMAYPETITIO-NTH"EcOt'JRTTO THEDtPA PAGE R.,-HOUSE BILL 114.278 SET A HEARING -PURSUANTTO`.PARAGRAPH (e) OF SUBSECTION (1) OFTHIS SECTION' AI' LEAST SIXTY DAYS BEFORE'THE JUVENILE IS SCHEDULED TO APPEAR BEFORE THE JUVENILE PAROLE BOARD. (III) IF.A JUV8MLE IS::ELIGIBLE;T0. PETITION.TO DISCONTINUE HIS OR HER REGISTRATION .P(J.RS.U.ANTTO,PARAGRAPH . (Q)OF' SUBSECTION . (1)0FTI41S SECTION , , , AND �JNDIER. THE. 'CUSTODY '.OF THE - DEPARTMENT OF HUMAN SERy.,ICES,,"P YET TO'BE RELEASED.:ONPAROLE BY THE JUVENILE PAROLE BOARD, THE DEPARTMENT OF HUMAN SERVICES,, PRIOR TO, SETTING 'THE MATTER, FOR HEARING;, SHALL :MODIFY THE JUVEINILE`S:-PAROLE .FLAN OR. PAROLE HEARING TO AckNOWLtOGETHECOURT ORD . E .. ROR. . PETITION UNLESS ITIS ALREADY INCOkPORATED. IN THE. PAROLE. PLAN. (2) (d) On receipt of al.q.opyof an order discontinuing a mfitioner's, duty io reg'istq:, as'provi0ed i� paragraph. (q) of ��s, ,SECTION 9. 18-1-2'02 CdlbraW Revised .8 . tatutos, as`. .a men&d,'by SenateBill. 1 1-007, is"amended to. feadi" 11..8r.1-202.. Place. o.f..trial ..(12) If 'a person: commits : the offense: of. failure : to register as a sex offender asprovided in: section 1.873'7412;5; the offense: is ;committed and the :offender may be. tried IN THE! COUNTY IN. WHICH THE :OFFENDER; WA. S RELEASED. FROM INCARCERXTION. FOR, COMMISSION OF THE OFFENSE EREQUIRING REGISTRATION; in -the -Ounty, in.. which the offender residsjry the county in Which the offender oMlete6 his; or -het- last. registration; -.or. in the county in which the dffinder:'is, apprehended. SECTION 9.. 18; 1.34,007 .(.15), Colorado, Revised Statutes, :is: amend ed,toread: 1.8-1.34061"., Probkfdn.- intensive e- supervision program. (1.5) In: addition:to4he persons specified in subsectioh;(l)::of this section, .the Court s6ftsMAY require any person.convicted,offelopy failure: to;register as a. sex t offender,: as,:described.in.section: 18 3.4.11:5,:and sentencedo,probation to. , ., participate; -as a condition of probation and until further order of the, court;: rn.the intentlive:sup ervisionorobaiionprogrAm.established�Dursuantto,this : section; SECTION10. 1871-41'2.5 (2) (b),Colorado ReVised Statutes, is PAGE'-, q-H.0UStBiLL ij-1278 arhiended-andthe,.sai0l'l 8-3-4115 is further axfteilded,BY THE ADDITION OF A NEW SUBSEC TION,: to. read*.' I&J-412.5. Failu'r6loregister ,wasOX.offOnd6. . I . .5) (a). lN A PROSECUTION'FOk A VIOLATION ,. OF, THIS SECTION; - IT'IS: AN AFFI kMATIV . E DEFENSE THAT:' (1) IjNCONTROLLABLE CIRCUMSTANCES PREVENTED' THE PERSON FROM COMPLYING; THE PERSON. DID NOT ..C'ONTRIBC,,rE, TO T.14E CREATION 'OF THE ItIRC. UMSTANCES IX:RECKLESS DI9RkGARD0FTHE REQUIREMENTTO.COMPLYl AND (III): THE,. PER'S'O'N', Cbmkmb AS SOON AS THE CIRCUMSTANCES C-EASED TO EXIST.. (b),'INORDER ITOASSERT THEAFFIRMATIVE DEFENSE PURSUANT TOE� THIS SUBSECTION (1,5), THE: DEFENDANT SHALLPR.OV.I.DE'N.OTI.CE:TO-THE PROSECUTING ATTORNEY AS,;SOOK:A.S'PRAC. 'PRACTICABLE; BUT NOT LATER THAN AN� TkiRTY DAYS PRIOR TO: TRIAL, OF HIS.09 HER NOTICE OPlNTE INTENT Tb. RELY UPON THE AFFIRMATIVE DEFENSE.. THE 'NOPCE SHALL -114CLUDE. A -D LLAB�I�CIPCUMS tSCRIPT16NOFTHEUNCONTRO TANCEOR CIRCUMSTANCES: AND THE. DATES THE UNCONTROLLABLE. Q IRCUIMSTANCES, PEGAN= AND, CEASED TQ'EXIST IN ADDITION. TO THE NAMES: AND' ADDRESSES OF ANY' WITNESSES -THE DEFENDANT?LAN S TO CALL'TO SUPPORT THE AFFIRMATIVE DEFENSE -THE PROSECUTING,,ATTORNtY;SRALL-AD.V.ISE THE DEFEN OANT'OV. TAENAMESANDADDRESSES OF ANY At)DITIONAL.'W-ITNESSES:.WI40;Y B,MA' ' Em CALLED 70 REFOTE SUCH AFFIRMATIVE DEFENSE AS.: SOON AS PkACTICAALE AFTER 'mElk NAMES -BECOME KNOWN. UPON 'THE REQUEST OF THE Pkbstcu, TIONI'THE COURT SHALL FIRST RULE AS:AMAT—TER-OF LAW WHETHER THE :CLAIMED -FACTS AND: CIRCUMSTANCES : WOULD; IF ESTABLISHED, CONSTITUTE SUFFICIENT, EVIDENCE TO SUPPORT SUBMISSION TO THEJURY-. (2:):(b), Anyperson .,convicted :of felonyfailure to, register as.:a Sek offohder shall be sentenced pursuant to the. proVisibnsbf section 18-1.3-401. If such pdsoft.ds, sentenced' to prbbdtion, the court ,MAY requir e,as a conditibn,of probation-thdt'thq)ersoh particlpdt& dritil ftirthef I A wdenofthe court inlan intensive: supervisionprobation.program established pursuant to section If:s.uc,E person is, sentenced to PAGE ; 11.0-HOUSE BILL 1.1-1.2.78 incarceration and teldased..on :parole, ihe parole; boa-r"d Mk.v. require; as a- condition! of par6le,,.: that the persbapait. .participate: te: iri'dn. Intensive supQrvi sion parole Program, established pursuant to, sbdibh SECT)[ON. N i L-Effectivedate: This is acishall take: etfec,t upon passage; except that section bfithis'act shall t Ae effect when S�n"Bill. I. fAb.7 `,tak.es: e.f fe'bt SECTION 12. Safety clause. 'Th&,g.eneral assembly hereby fitids., PAGE 1=H0USE BILL l l 1218 RESOLUTION 'NO.. JL-o2-6 A ;RESOLUTIQN CONCERNING THE MEMBERSHIP; GOALS :AND; RESPONSIBILITIES OF THE:TOWN OF: FIRESTONE FINANCE COMMITTEE WHEREAS' .the'Board of Trustees has,previously_orgariized:arid appointed members to the Town of Firestone: Finance Committee asan advisory comrriitfee of the Board of Trustees in, accordanceTwith Section 2.04.1tio of the Firestone lvlui&c palCode; and WHEREAS'..`the Board of Trustees by this resolution desires to formally.establish<and set forth certain; :provisions --regarding the :membership, goals and responsibilities- .of the.Finance Committee;,' NOW.. THEREFORE; BE IT RESOLVED'BY THE BOARD OF TRUSTEES OF THE TOWN .OF FIRESTONE, COLORADO: :Section. 1. The Town ;of ,Firestone :Finance Committee: (the "Committee".). is hereby formally established ley the Board:of Trustees. `The Comrriittee sh'ail,.be an advisory committee::of the Board of Trustees;: The Committee>shall consist of'three :members;;as. follows: 'two members>of the' Board of Trustees and one: resident of the Town. Committee members shall be::appointed at a public -meeting by the presiding officer unless otherwise ordered, by, majonty`vote of the Board, ,and:in that:ease.:appointments shall be; by b@lot:. Sec66n;2 ,. The:followmg rules. shall:.apply to the: Committee: A. Quorum: Two members of the Cbmx'nittee shall; constitute a quorum. A inajority:Of the:quoruin is re'quired'to act ors any matter before`the. C'oinn iftee, but -in -the absence of`a quorum, a lesser, numbermay. adjoin any`ineeting to a later time and.date B Term: Each; Committee member . shall . 'be appointed to, a two-year -term. A. member's term shall .corhbence orithe fourth'Wednes'day of April of each':even:iiumbered year'and shalt expire on the fourthednesclay of April two ;years later, subiect to the 'requirement that Trustee.. memb rs service sliall.'be; concurrent with their:sery ee'as Trustee. Committee members maybe reappointe& without any, limit on the total number ofterms served. C. Yacancc eslRernoval. Committee vacancies shall be`f lled by appointmerit;at a,pubh meeting.by the presiding officer unless otherwise ordered. by a;"majority vote:. of the $:oard, in whic , case:the appointmentshAl be.by Ballot. The terin,of:any person°appointed to:-the:Committee to fill:a vacancy :left by a:yacating Committee member shall expire on.the expiration date,:of•the term of .the vacating Committee°member:, A.Comrmt.teefinember may be removed'frorn the:Conunittee for ary reason by an affirmative vote of a,mmibriity of:th6 entire B.oatd offrustees.. D. Meetings: he Committee Shall.mot' monthly. unless: there ;is; no business for the Committee to consider. Regular meeting: times and; locations shall be determined at the first Committee :meeting of each :calendar year: Meetings of'the ,Committee shall.`be subject to the Colorado Open Meetings Law. Staff 'to'the Comri�itte'e' shall keep an accurate ,summary or minutes of all Committee meetings, which. shall be open for inspection in accordance with the Colorado Open Records Act. Section.3. The Conunittee.shall serve in an.advisory capacity to Board of Trustees on matters concerning Town finances, budget,. and financial: reporting.. The Committee's goals and responsibilities include, btit are not limited to the following; A. Assisting -with the development.of the Town's annual.budget B. Monitoring the Town's:budget.and..firmcial activities by periodically reviewing, discussing and making. recommendations with ,respect_ to the 'Town periodic financial reports; including without limitation monthlY and annual accounts, payable and financial reports. C. Assisting with the development of financial policies for the Town and making recommendations to the Board .of Trustees regarding the adoption of such policies. D. Assisting with the development of a long-range capital improvement plan and other plans. and:monitoring such plans, E. Reviewing the Towns annual, audit before it is presentedto the Board of Trustees. 'The'review should include a discussion with Town staff and its independent auditors about, accounting principles and practices and financial statement disclosures. F. Monitoring the Town's 'outstanding debt and. debt: cap and assisting with. matters related to the issuance of :new debt. G. Periodically reviewing :the Town's investment portfolio and related reports and making recommendations to the Board of Trustees on investment practices, policies, and procedures. H. Assisting with the development of 'rate and fee schedules for. Town services. 1, Reviewing new :Government Accounting Standards Board standards and other authoritative standards:and assisting with the implementation of such standards.. J. Assisting with the development and implementation of internal controls, procedures and practices for financial, accounting and legal compliance. K. Receiving :education on accounting,, auditing'and financial reporting issues. L. Monitoring the Towns independent auditors, including - their qualifications, independence and performance.. M. Monitoring the Town's internal. auditing functions. .2, N. Serving as. the Audit Committee: for the Town and performing .all duties 'arid:: rece vizig ill. communications required.of such. co=ittee.pursuant to U.S. Generally Accepted Auditing Standards. Sectiox 4. Tlie Committee shall have the power to adopt liyIaws;,.ru.les, 'palicies ,and procedures for the conduct of its: activities, which shall be consistent with the, provisions of the, Firestorie,-Mum`61 pal Code, resolutions and other :applicable: law, The Committee shall -Have ;the power to.determine and::appo. int its own officers. p� INTRODUCED, READ, aril .ADOPTED; this day of ; 2011 TOWN .OF FIRESTONE, COLORADO CLJ Chad Auer, Mayor :ATTEST: y He ood, Town:: rk- • "7�'p,, ,�` x., } AT'; s O 0 d�4° RESOLUTION NO. i 1-,� 7 A RESOLUTION APPROVING SPECIAL USE PERMITS FOR SUNDANCE ENERGY, INC., TO LOCATE FOUR OIL AND GAS WELLS WITHIN THE TOWN OF FIRESTONE WHEREAS, Sundance Energy, Inc. (hereinafter "Sundance" or "Applicant") has submitted an application and supporting materials pursuant to Chapter 15.48 of the Firestone Municipal Code for special use permits to locate within the Town four oil and gas wells referred to as the proposed May Jon 3-51) 95, 5N #6, 5E #7 and 5S #8 Wells; and . WHEREAS, all materials related to the requested special use permits 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, pursuant to Chapter 17.32 of the Firestone Municipal Code, the Firestone Planning and Zoning Commission held a properly noticed public hearing on the proposed special use permits and adopted its Resolution forwarding 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 application, at which hearing the applicant and other interested persons presented testimony to the Board and at which a number of documents were made a part of the record; and WHEREAS, the Board of Trustees finds that the proposed special use permits_ for the oil and gas 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 hereby approves the special use permit requests of Sundance Energy, Inc. for location of the May Jon 3-513 #5, 5N #6, 5E #7 and 5S 98 Wells 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 freight 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 l 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, waivers, variances and subsequent notice'§ 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 commencement of any work within the Town the applicant, including contractors and subcontractors, shall obtain necessary Contractor's Licenses from the Town. 6. 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, specifically an Overweight Permit from the Town is required for moving the drilling rig. Applicant shall provide to the Town copies of any executed surface damage agreements or memoranda thereof respecting operation of the well. 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. 9. 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. 10. 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. 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 using the Town's standard fence and screening detail: 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 systooms 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. 1.7. To t-le extent reasonably possible, keep the door to the drill rig engine closed. 18. The use of pump jacks shall be limited to those running on electric motors. 19. The drilling rig used for drilling operations. shall be Model CAZA-54 or equivalent type of drill rig. 20. Coordinate with the City of Longmont for any requirements to the existing access from Fairview Street/NVeld County Road 3. INTRODUCED, READ, AND ADOPTED this 26' day of October, 2011. TOWN OF FIRESTONE, COLORADO CU Chad Auer ATTEST: Mayor . � • u�ZT'Q'z�C . He d own Clerk F`RES rot IGi2020 t t 2:47 PM [avkj S:tiRmsione�Siim�isimislSimdance.Msy lou Wells Cl l).TlIms.doc �y . ro O; 'O 01- .............. ; �p�, 3 EXHIBIT A: Location of Wells May Jon 3-51) #5, 5N #6, 5E #7 and 5S 48 Wells Sundance Energy, Inc. A TRACT OF LAND SITUATED IN SECTION 5, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6T" PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 5 WHENCE THE SOUTH ONE- QURTER CORNER OF SECTION 5 BEARS SOUTH 88°54'04" EAST 2,667.45 FEET; THENCE ALONG THE WEST LINE OF SECTION 5 NORTH 01°05'44" EAST 40.10 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF STATE HIGHWAY 119 AND THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WEST LINE NORTH 01°05'44" EAST 1,298.20 FEET; THENCE LEAVING SAID WEST LINE SOUTH 88°54'16" EAST 1,255.27 FEET; THENCE SOUTH 01°05'44" WEST 1,222.96 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF STATE HIGHWAY 119; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE SOUTH 87°39'56" WEST 1,257.52 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 36.326 ACRES MORE OR LESS. n RESOLUTION NO. I l A RESOLUTION APPROVING A FINAL PLAT FOR THE WEIBEL SUBDIVISION WHEREAS, there has been submitted to the Board of Trustees, of the Town of Firestone a request for approval of a final plat for the Weibel Subdivision; and WHEREAS, all materials related to the proposed subdivision replat 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 application, 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 plat and has held a properly noticed public hearing on the application; acid WHEREAS, the Board of Trustees finds that the proposed final 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 of the Town of Firestone does hereby ,approve the proposed final plat of the Weibel Subdivision, subject to the conditions set forth on Exhibit A, attached hereto and incorporated herein by reference. INTRODUCED, -READ AND ADOPTED this 26th day of October, 2011. TOWN OF FIRESTONE, COLORADO Chad Auer ATTEST: Mayor TO (Zi�W n FIRE .... CJ TOW 'JuCK Hegwo r own Clerk m 1 • SEAL o EXHIBIT A pGY, GO�p 1 Final Plat — Weibel Subdivision. Conditions of Approval Address Town Engineer Redlines. 2. Execute an Amended Annexation Agreement as prepared by the Town Attorney. Execute the Town's standard Subdivision Agreement as prepared by the Town Attorney. 4. Pronto recordation of the Plat, access to the public way shall be provided for Lot B2. This can be done by securing an access permit from CDOT or by conveying an access easement frc-m Lot B2 across. Lot B I to the 30' non-exclusive easement on the south of the property (Kia —Flatiron access). Provide an updated title commitment, dated no later than one month prior to recording of final documents. 6. Ccrrect typos in the aliquot description. 7. Provide an official copy of the Tax Certificate. 8. Provide a completed Water Rights Questionnaire. 9.. Provide a hazardous materials management plan pursuant to the Lance Annexation Zoning Or.:finance No. 561, Condition of Approval Item #18 "Prior to any subdivision or further development of the property, a hazardous materials management plan must be submitted along with the application to address any hazardous materials on the site at the time of application." 10. Modify both plat sheets text from "Minor Plat" to "Final Plat". The filing number', phase number and revision dates should be left blank. 11. Re_nove all references to the word "Minor" from both plat sheets and modify the title pursuant to Town Engineer comments. Correct these references in the Firestone Information Block, the Title Block, the Surveyor's Certificate, the Town Approval and the Lenders Consent. 12. On Sheet 1, provide the contact name, address, telephone number and email address for the Owner and technical consultants. 13. On Sheet 1, correct the Record Exemption No. to read "1313-11-3-RE 1717" and the Book number to read "1502." 14. On Sheet 1 provide signature lines for the Mayor and the Town Clerk. 2 l IS. Add a Lender Consent block, if determined necessary by the Town Attorney.- 16. On Sheet , correct the Ownership and Dedication pursuant to direction from the Town Engineer. 17. On Sheet 1, correct the General Notes numbering format. 18. On Sheet 2, correct the Bearing on the east of the property pursuant to direction from the Town Engineer. 19. Provide independent submittals to St: Wain Sanitation District and Frederick- Firestone Fire Prevention District. l(L:070I 1107 PM [;n$] &Tins[une5ubdivisiunsiWeibel PIHLTB m.duc RESOLUTION NO. 1.I ` a9 A RESOLUTION CONCERNING A PETITION FOR THE ANNEXATION OF PROPERTY TO THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE TURNER COMMONS 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 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 applicable requirements of Sections 31-12-104 and 31-12-105, C.R.S., as amended, exist or have been met, including without limitation: 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 two or more parcels in a series. b. A community of interest exists between the area proposed to be annexed and the Town of Firestone. The area proposed to be annexed are urban or will be urbanized in the near future. d. The area proposed to be annexed are 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 9.664 acres, more or less. k. The Master Plan adopted by the Board of Trustees of the Town of Firestone shall serve as the plan for the area proposed to be annexed, in accordance with 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 each 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 S. 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. 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, which are not to be considered additional terms and conditions within the meaning of Sections 31-12- 107(1)(g),-110(2) or 112, C.R.S. 7. The landowners of one hundred percent (100%) of the area proposed to be annexed signed the petition requesting annexation, in compliance with Article II, Section 30 of the Colorado Constitution and Section 31-1247(1), C.R.S. Section 2. The Town Board concludes that all statutory requirements have been met, that the proposed annexation are 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 thiso day of D h L, , 2011. ATTEST: 3 Chad Auer, Mayor �ESTp At SEAL IS ►) 14; EXHIBIT A TURNER COMMONS LEGAL DESCRIPTION LOT 1 OF RECORDED EXEMPTION NO.1313-3-4-RE-626, RECORDED SEPTEMBER 12,1983 AT RECEPTION NO. 01940086, LOCATED IN THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, AND ALSO PARCEL SE-1156, RECORDED DECEMBER 17, 2009 AT RECEPTION NO. 3665635, LOCATED IN THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, AND ALSO THAT PORTION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 3 AND A PORTION OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE SOUTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER AS ASSUMED TO BEAR SOUTH 89°22'56 WEST AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 3; THENCE ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 3 SOUTH 89°22'56" WEST 77.66 FEET TO THE TRUE POINT OF BEGINNING; THENCE DEPARTING SAID SOUTH LINE SOUTH 04°01'19" EAST 56.47 FEET TO A POINT ON THE SOUTH RIGHT OF WAY OF STATE HIGHWAY 119; THENCE ALONG SAID SOUTH RIGHT OF WAY THE FOLLOWING EIGHT (8) COURSES AND DISTANCES: THENCE NORTH 50°29'34" WEST 10.13 FEET; THENCE SOUTH 89°28'56" WEST 254.56 FEET; THENCE SOUTH 00°43102" EAST 7.92 FEET; THENCE SOUTH 89°27'10" WEST 12.89 FEET; THENCE NORTH 88104'13" WEST 185.53 FEET; THENCE SOUTH 85°48'54" WEST 69.46 FEET; THENCE SOUTH 83048'32" WEST 203.53 FEET; THENCE SOUTH 89°30'32" WEST 514.34 FEET; THENCE DEPARTING SAID SOUTH RIGHT OF WAY NORTH 00013'34" WEST 72.00 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 3; THENCE ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 3 NORTH 89°22'56" EAST 10.23 FEET; THENCE DEPARTING SAID SOUTH LINE NORTH 01 °21'57" EAST 77.30 FEET TO A POINT ON THE NORTH RIGHT OF WAY OF STATE HIGHWAY 119; THENCE ALONG SAID NORTH RIGHT OF WAY THE FOLLOWING THREE (3) COURSES AND DISTANCES: THENCE NORTH 89028'44" EAST 500.53 FEET; THENCE NORTH 87°04'21" EAST 231.58 FEET; THENCE NORTH 89°25'29" EAST 114.50 FEET; THENCE DEPARTING SAID NORTH RIGHT OF WAY NORTH 19°42'04" EAST 34.95 FEET; THENCE NORTH 00034'26" WEST 20.04 FEET; THENCE NORTH 06133'03" EAST 72.56 FEET; THENCE NORTH 00034'26" WEST 109.93 FEET TO A POINT ON THE SOUTH LINE OF LOT 1, RECORDED EXEMPTION NO. 1313-6-4-RE-626 RECORDED SEPTEMBER 12, 1983 AT RECEPTION NO. 01940086; THENCE ALONG THE SOUTH, WEST, NORTH AND EAST LINE OF SAID LOT 1 SOUTH 89034'30" WEST 127.46 FEET; THENCE NORTH 01°24'42" EAST 345.02 FEET; THENCE NORTH 89-31'53" EAST 453.13 FEET TO A POINT ON THE WEST RIGHT OF WAY OF INTERSTATE HIGHWAY 25 DESCRIBED IN DEED RECORDED AT RECEPTION NO. 4 1279810 AND RECEPTION NO. 1278345; THENCE ALONG SAID WEST RIGHT OF WAY SOUTH 02027'50 EAST 230.16 FEET AND AGAIN SOUTH 02027'50" EAST 324.55 FEET TO A POINT ON THE NORTH RIGHT OF WAY OF STATE HIGHWAY 119; THENCE DEPARTING SAID NORTH RIGHT OF WAY SOUTH 04001' 19" EAST 110.22 FEET TO THE TRUE POINT OF BEGINNING. THE TOTAL DESCRIBED LAND CONTAINS AN AREA OF 420,973.08 SQUARE FEET OR 9.664 ACRES, MORE OR LESS. 5 RESOLUTION NO. 11-.3 n A RESOLUTION APPROVING A PRELIMINARY PLAT, PRELIMINARY DEVELOPMENT PLAN, FINAL PLAT AND OVERALL FINAL DEVELOPMENT PLAN FOR TURNER COMMONS. WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a preliminary plat, preliminary 'development plan, final plat and overall final development plan for Turner Commons; and WHEREAS, all materials related to the request 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 request, and has forwarded to the Board of Trustees a recommendation of approval of such plan with conditions; and WHEREAS, the Board of Trustees has duly considered the request and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed preliminary plat, preliminary development plan, final plat and overall final development plan 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 plat, preliminary development plan, final plat and overall final development plan for Turner Commons, subject to the conditions set forth on Exhibit A, attached hereto and incorporated herein by reference. INTRODUCED, READ, and ADOPTED this 26t' day of October, 2011. Chad Auer ATTEST: Mayor J�dy Heg od Town Clerk �REST�N� :f' Taws i SEAL °o EXHIBIT A Preliminary Plat, Preliminary Development Plan, Final Plat and Overall Final Development Plan Conditions of Approval Turner Commons Address Town Engineer redlines. 2. Secure and provide a copy to the Town of any necessary off -site easements or permissions prior to constructing the storm sewer, grading and road improvements and the waterline easement shown outside of the boundary of the Final Plat and Overall Final Development Plan. 3. Provide an updated title commitment, dated no later than one month prior to recording of final documents. 4. Submit a Drainage Report for review prior to recording the Final Plat and the Overall Final Development Plan. 5. If Left Hand Water District requires a Hydraulic Analysis Report, provide the Town with a copy to confirm fire flows. 6. Include the' site details referenced on the Site Plan that are not included in the plan set. 7. A Subdivision Agreement is required to be executed and recorded at the time of recording of the plat. Final Plat 8. Provide the Town with a copy of the existing easement holders consent to vacate the specific general utility easement, electric easement, telephone easement, sewer easement and ditch & utility easement that are being vacated by the Final Plat. Additionally, wherever the plat states an easement is "to be vacated with this plat," replace the words ""rith this plat" with the words "by separate instrument"; or otherwise revise these plats notes regarding vacation to read as approved by Town Engineer and Town Attorney. 9. Modify the plat sheets text from "Minor Plat" to "Final Plat". 10. Provide signature lines for the Mayor and the Town Clerk. 11. Add a Lender Consent block, if determined necessary by the Town Attorney. 12. Remove the word "Minor" from General Notes #4. Also, update the date of the title commitment. 13. The Overall Final Development Plan indicates that the existing 35' CDOT access is being vacated. Confirm with CDOT to see if they will'require the vacation of the existing access to be shown on the Final Plat as well. 2 X , Sheet 1 14. In the General Notes section, note 1, put a space between "any" and "anything". 15. In the General Notes section, note 3, replace "ruling", with "controlling". 16. In the General Notes section, note 4, replace "Lot/Owner", with "Owner/Developer'. 17. ' In the General Notes section, note 4, replace "Tuner Commons Development", with "R&J Holdings, LLC, Ronald L. Fahrenholtz Revocable Trust and Firestone Partners L- LC". 18. Provide the contact name, address, telephone number and email address for the Owner, Developer and technical consultants. 19. Modify the legal description on the OFDP to have the same legal description as the FP. 20. Address the Lots pursuant to direction from the Town Engineer. Sheet 2 21. On Sheets 2-8, in the Title Block, correct the "Type of Submittal" to "Overall Final Development Plan." 22. In the Project Concept section, replace "is seeking approval of an Final Development Plan (FDP)" with "prepared this Overall Final Development Plan (OFDP)". 23. In the Project Concept section, change the words "convenience retail" to "commercial/retail. 24. In the Project Concept section, add the symbol "f" after the first "5". 25. In the Project Concept, first sentence, change "Final Development Plan" to "Overall Final Development Plan". 26. Remove the last sentence from the Project Concept. 27. Change all references to a "Final Development Plan" to an Overall Final Development Plan, OFDP or Overall FDP, whichever term is the most appropriate.' 28. In. the Maintenance and Enforcement section, replace "Overall PDP" with "Preliminary Development Plan". 29. In the Sign Program section, remove "It is the understanding of the Developer the". 30. In the Sign Program section, replace "conditional approval by the Town Planner", "the requirements of the Town Code". 3 31. In the Sign Program section, add a note that the sign height and the sign face can be reduced as may be requested by the FDP applicant for each individual lot. 32. Add a note to the Sign Program stating that individual lot pole signs shall be located a minimum of 50-feet from any adjacent property line or as approved in a site specific FDP. 33. The existing liquor store shall be allowed a sign panel on the project monument sign only if the existing liquor store pole sign is removed and no longer used. 34. Add a Parking Lot Light section and reference the parking lot light pole height, style, color and type that will be the standard for all lots. Specify that downcast parking lot lighting will be required. 35. Modify the Drainage & Development Schedule references to a set of `Final Utility Plans" pursuant to direction from the Town Engineer. Sheet 3 36. Site Plan (access) — Each proposed lot and the existing unincorporated lots to the north of the Turner Commons property have access to SH 119 via access easements. The Applicant will need to obtain an access permit from CDOT and submit the approved permit to the Town prior to recording the Final Plat and the Overall Final Development Plan. 37. Provide a detail of the proposed wall adjacent to the Liquor Store on Sheet 3. 38. Confirm if the existing pylon sign is being relocated or removed on the property. 39. On Sheets 3-7 label the planned roadway through the site as "Private Drive" on all the sheets. Sheet 4 40. Add a note to the plans stating that the proposed storm sewer is private. Sheet 5 41. Delete Note #2 and show the Detention Pond (100-year water surface elevation, volume and release) information on the Grading Plan. Sheet 6 42. If acceptable to CDOT, we would recommend the Applicant use the Town of Firestone adoptable detail for the raised median (color, pattern). Sheet 8 43. Add a parking lot light detail and change the name of the sheet to Signage and Lighting Plan (also change the reference on Sheet 1). 4 tote €°aid his et m, n"ned, aftd.lwreby . hts thatthedevelopment ofthe, P. rojoct t construction Qfth :Fligi l .I, rovcm and , din t i t ont m Otte .'h Agnement are. ri the -bestim.erests o th , bwn-: TOWN OFFJRBSTONE, COLOR ; the Agreet bet 3,0wW an :t k t fir' a;:copy of xA'1 t i attached hereto aEhih t A and is�bembyappruycd. ban 3, ; T �frk to and ge is �f` 0 � wu ark, ho - a ih riivd: directed to tom all e-t o n w" M b r p "i t to Ofmtvi tk ; fl t s:' tofor (+�t. o f with tf� r g a o this day 13r€(wi'othc"r:fuct,n�t nt c`th n .titi,a the � �.�t tt thud i�Pi i.on of h sions ti r are:��c� �i v d,an b %V FRJ�STO c� Auer way '1 � Clerk : r�wCt } o �0 •''pie Nry' �pV RESOLUTION NO. 11-3 A RESOLUTION APPROVING AN AMENDED PRELIMINARY PLAT AND AMENDED PRELIMINARY DEVELOPMENT PLAN FOR THE OVERLOOK AT FIRESTONE, TRACT I AND A FINAL PLAT AND FINAL DEVELOPMENT PLAN FOR THE OVERLOOK AT FIRESTONE, FILING NO.3 . WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of an amended preliminary plat and amended preliminary development plan for The Overlook at Firestone, Tract I and a final plat and final development plan for The Overlook at Firestone, Filing No. 3; and WHEREAS, all materials related to the request 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 request, and has forwarded to the Board of Trustees a recommendation of approval of such plan with conditions; and WHEREAS, the Board of Trustees has duly considered the request and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed preliminary plat, preliminary development plan, final plat and final development plan should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLORADO: Section L. The Board of Trustees of the Town of Firestone, Colorado, does hereby approve the proposed amended preliminary plat and amended preliminary development plan for The Overlook at Firestone, Tract 1 and a final plat and final development plan for The Overlook at Firestone, Filing No. 3, subject to the conditions set forth on Exhibit A, attached hereto and incorporated herein by reference. INTRODUCED, READ, and ADOPTED this C�* day of nQ K /K &r, 2011. Chad Auer, Mayor ATTEST: SSToTO WN ,�� £. to leegwo d, Town Clerk m = j o r�C' 1 0� oO....... Go IVTY...��, EXHIBIT A The Overlook at Firestone, Tract 1 Amended Preliminary Plat and Preliminary Development Plan The Overlook at Firestone, Filing No. 3 Final Plat and Final Development Plan The Outlet for Pond 1 will require removal of the Granville Avenue street stub -out, complete re -grading of the Town's property and adjustment or removal of existing utility stub -outs. Revise the Final Plat and FDP to note the developer shall be responsible for extending their irrigation system and reseeding the area with Kentucky bluegrass and the HOA for this project shall be responsible for irrigating and maintaining this area. The Applicant will need to enter into License Agreement with the Town, in a form prepared by the Town Attorney. The Applicant's consultant will need to prepare a metes and bounds legal description and exhibit of the area. 2. Revise documents to address Town Engineer Comments and Redlines. Execute a Subdivision Agreement. 4. Provide an updated title commitment. Provide copies of the HOA formation documents and draft covenants for Town staff review and comment. 6. Provide a lender's consent block, if determined necessary by the Town Attorney. 7. Confirm that all lots located with. the 0.2% strain limit are listed in the summary box on the Amended Preliminary Plat and Amended PDP. S. Clarify and correct discrepancies with Tract K labeling on the plats and development plans. Also confirm the Ownership and Dedication block is consistent with such labeling. 9. Remove the "F3" label from the vicinity map on the Final Plat. 10. Modify native grass seed mix pursuant to comments from Town Planner. 11. Revise documents to address minor clean up comments from Town Planner. 12. Examine with the Postal Service alternatives for dispersing mailbox kiosks throughout subdivision. 13. Confirm that street name change from Bailey to Farmdale is at the appropriate location. 14. Modify lot size labeling on the preliminary plat and development plan to correct discrepancies. - 15. 1n the Design Restrictions section remove references to metal framing. 2 16. " In the Private Maintenance, Enforcement, & Controls section add a note that the landscaping of front yards shall be installed prior to CO issuance. 17. Add a note to the Signage section stating that a Sign Permit from the Town is required. 18. Label the trail widths throughout the plan sheets. 19. Remove the word "proposed" throughout the PDP and FDP plan sheets. 20. In the Preliminary Development Plan, explore the feasibility of keeping the public trail on the south side of Wooster Street. RESOLUTION NO. 11-33 A RESOLUTION PRESCRIBING WATER RATES, FEES, TOLLS 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 operating and maintaining the Town's water system, including completion of a water rate study and an analysis of capital needs, and in consideration of applicable CWCWD increases and increases in the costs of operating, maintaining and improving the Town's water system, the Board of Trustees has determined that increases in the water system rates, fees, tolls and charges are necessary; and WHEREAS, the current water taps fees and monthly water rates do not adequately provide for the capital needs and operations of the Town's water system; and WHEREAS, the Board of Trustees by this resolution desires to establish various rates, fees, tolls and charges for Town water service and water usage, effective January 1, 2012; 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: 1 Meter Base Rate Water Included in Base Water Charge Per 1,000 Gallons Size Charge Rate Gallons Gallons Rate Residential 518" . $17.47 -0- 314„ $26.79 -0- 1" $44.25 -0- 1-1/2" .. $87.33 -0- 2" $140.89 -0- Residential 0-5,000 $1.64 5,001-20,000 $2.9.1 Above 20,000 $4.66 Commercial, Industrial, Irrigation, Mobile Home Parks 518" $17.47 -0- 314" $26.79 -0- 1 z1 $44.25 -0- 1-1/2" $87.33 -0- 2„ $140.89 -0- 3" $263.15 -0- 6" $877.94 -0- Commercial All usage $2.57 & Industrial Irrigation All usage $3.90 Only Mobile All usage $2.91 Home Parks Out —of- Base rates and gallon charges for any out-of-town service shall be Town Rates two times the in -Town rates and charges. Section 2. Connection, capital investment and repair fees. The following connection and capital investment and repair fees shalt 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. 2. Capital Meter Size Connection Fee CWCWD Investment ` and Repair Fee Town Capital Investment Fee CWCWD Total 518" $ 5,800 $ 1,000. $ 4,000 $ 10,800 314" $ 7,700 $ 1,500 $ 6,000 $ 15,200 1" $12,500 $ .2,500 $10,000 $ 25,000 1- 1/2" $23,000 $ 5,000 $20,000 $ 48,000 2" $36,400 $ 8,000 $32,000 $ 76,400 Connection and capital investment and repair fees as well as any other fees 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 and capital. investment fees imposed by CWCWD, and all other factors relevant to the application. All taps requiring a meter larger than 2" and all taps applied for where the service requested is outside of the Town limits shall be by contract with the Board of Trustees. Out-of-town taps of 2" or less shall be charged fees at two times the amount of in-Town.fees. Section 3. Construction HydrantMeter 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 Administration Fee Meter Rental Late Charge Water Usage Rate $ 1,500.00 per meter $ 25.00 per permit $ 2.00 per day $ 5.00 per day $ 2.50 per 1,000 gallons Section 4. Meter & Yoke Fees. The following fees shall be imposed for Meter and Yoke assemblies installed by the Town for new service connections; such fees for .taps requiring a meter larger than 2" shall be as set by contract with the Board of Trustees: Meter Tap Size Meter & Yoke Fee 518" $ 867.44 314" $ 951.14 1" $ 1,151.96 1-112" Commercial $ 3,340.19 1-112" Irrigation $ 2,245.52 2" Commercial $ 4,353.09 3 2" Irrigation $ 2,837.02. Section 5. This Resolution shall become effective on January 1-, 2012. Section 6. All other resolutions or portions thereof inconsistent or conflicting with this resolution or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. PASSED AND ADOPTED THIS DAY OF '�r , 201 t. TOWN OF FIRESTONE, COLORADO Chad Auer, Mayor ATTEST: y Heg�v od, Town Cler rn rowN •� �t O = t0 �p OG • ,,OQQ TY..Cay 4 RESOLUTION NO. 11- A RESOLUTION_ APPROVING A FINAL PLAT FOR THE VARRA-HEINTZELMAN PIT SUBDIVISION . WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a final plat for the Varra-Heintzelman Pit Subdivision; and WHEREAS, all materials related to the request have been reviewed by Town Staff and the Firestone ?lanning 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 request, and has forwarded to the Board of Trustees a recommendation of approval of such plat with conditions; and WHEREAS, the Board of Trustees has duly considered the request and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that. the proposed final plat 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 plat for the Varra-Heintzelman Pit Subdivision, subject to the conditions set forth on Exhibit A attached hereto and incorporated herein by reference. INTRODUCED, READ, and ADOPTED this 3e day of November, 2011. CUL Chad Auer Mayor ATTEST: �IRQ yHe . ood own Clerk o t 1 EXHIBIT A Final Plat Conditions of Approval Varra-Heintzelman Pit Subdivision 1. Execute a subdivision agreement in a form to be prepared by the Town Attorney. 2. Revise plat and other application materials to address comments of the Town Planner and Town Engineer. .3. Revise the Town Approval block to read as follows: "This is to certify that the lamer Final Plat of the Vam Pit Varra-Heintzelman Pit Subdivision was approved...." 4. On Sheet 2 -of the Final Plat, revise the notation for Tract A to read "30' road right-of- way r-esefyed dedicated to the Town of Firestone pef by this plat." 5. Add dedication of Tract A to the Ownership & Dedication block. 2 RESOLUTION NO. { l -SS- A RESOLUTION APPROVING AN AMENDED OUTLINE DEVELOPMENT PLAN AND FINAL SUBDIVISION PLAT FOR DEL CAMINO CENTRAL. WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of an amended outline development plan and final plat for Del Camino Central; and WHEREAS, all materials related to the proposed amended outline development plan and final plat have been reviewed by Town Staff the 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 amended outline development plan and final 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 amended outline development plan and final plat and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed amended outline development plan and final plat for Del Camino Central 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 amended outline development plan and final plat for Del Camino Central, subject to the conditions set forth in Exhibit A attached hereto and incorporated herein by reference. INTRODUCED, READ, AND ADOPTED this 14th day of December, 2011. C6 �' Chad Auer Mayor ATTEST: n ��FtES Tp�� Ju egw od j Town Clerk m 1 SEAL 1 o EXHIBIT A Amended Outline Development Plan and Final Plat Conditions of Approval Del Camino Central 1. Execute a subdivision agreement in the farm prepared by the Town Attorney. 2. Revise ODP to remove the.word "proposed" throughout. 3. Revise the .ODP, plat, and other application materials to address comments of the Town Planner and Town Engineer. 4. Revise the Town Approval block on the Final Plat to read as follows: "This is to certify that the Miner Final Plat of the Vaffa Pit ' " Del Camino Central subdivision was approved.:.." 5. Add a lender'. s consent to the final plat, or provide an updated title commitment that shows no deed of trust encumbers the property. 6. Add Tracts A and B to the ownership and dedication block, and execute deeds to convey Tract A to Weld County (for WCR 24.1/z right-of-way) .and Tract B to the Town (Bailey Street right-of-way). 12/14/2011 11',14 A-M jkmk] S:1FiresionelSubdivisicnslDelCanuno Central Amended ODP and FP.TB res.dac 2 RESOLUTION NO. 11- 3 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, 2012 AND ENDING ON THE LAST DAY OF DECEMBER, 2012. WHEREAS, the Board of Trustees of the Town of Firestone has directed the Town Manager to prepare and submit a proposed budget to said governing body at the proper time; and WHEREAS, the Town Manager has submitted a final proposed budget to this governing body on December 14, 2011 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 Article X, Section 20 of the Colorado Constitution, approved by the voters on November 3, 1992, and "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 when necessary final information is available to the Town; and WHEREAS, whatever increases may have been made in expenditures, like increases were added to the revenues, 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 Town Clerk and made a part of the public records of the Town. INTRODUCED, READ AND ADOPTED this 141h day of December, 2011. TOWN OF FIRESTONE, COLORADO C Li Chad Auer, Mayor Attest: c�� 2� 6ww-&-� J egw d, Town Clerk F�RESTOti f' TOWN m ;� t RESOLUTION NO. 11-3 7 A RESOLUTION APPROPRIATING SUMS OF MONEY TO THE VARIOUS FUNDS AND SPENDING AGENCIES, IN THE AMOUNTS AND FOR THE PURPOSES AS SET FORTH BELOW, FOR THE TOWN OF FIRESTONE, COLORADO, FOR THE 2012 BUDGET YEAR. WHEREAS, the Board of Trustees has adopted the annual budget in accordance with the Local Government Budget Law, on December 14, 2011; and WHEREAS, the Board of Trustees has made provision therein for revenues in an amount equal to total proposed expenditures as set forth in said budget; and . WHEREAS, it is required by law but also necessary to appropriate the revenues provided in the budget to and for the purposes described below, so as not to impair the operation of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That the following sums are hereby appropriated from the revenues of each fund, for the purposes stated: General Fund Total General Fund Expenditures & Transfers $4,595,813 Park Fund Total Park Fund Expenditures & Transfers 248,100 Conservation Trust Fund Total Conservation Trust Fund Expenditures & Transfers 50,000 Highway and Streets Fund Total Street and Highway Fund Expenditures & Transfers 987,668 Water Fund Total Water Fund Expenditures & Transfers $3,144,302 Stormwater Fund Total Stormwater Fund Expenditures & Transfers 143,472 Impact Fee Fund (old; per Ord. 347 and Res. 96-23) Total Impact Fund (old) Expenditures & Transfers 129,250 Capital Improvement Fund Total Capital Improvement Fund Expenditures & Transfers Debt Service Fund Total Debt Service Fund Expenditures & Transfers Open Space Trust Total Open Space Trust Fund Expenditures & Transfers Pension Fund (Old Hire Plan) Total Pension Fund Expenditures & Transfers Firestone Finance Authority Fund Total Firestone Finance Authority Fund Firestone Urban Renewal Authority Total Firestone Urban Renewal Authority Fund lotal i• i rnfr• 368,972 $ 73,488 S 50,000 9,690 $ 143,200 25,250 $9,969,205 INTRODUCED, READ, and ADOPTED this 14th day of December, 201 t. TOWN OF FIRESTONE .0 U L, Chad Auer, Mayor Attest: ES �1Rg1ryNc Hegwo , Town Clerk € o = SBA' i w�TY, G8� 2 RESOLUTION NO. 11-�J A RESOLUTION LEVYING GENERAL PROPERTY TAXES FOR THE 2011 TAX YEAR, TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE TOWN OF FIRESTONE, COLORADO FOR THE 2012 BUDGET YEAR. WIHEREAS, the Board of Trustees of the Town of Firestone on December 14, 2011 adopted the annual budget for the 2012 budget year in accordance with the Local Government Budget Law; and WHEREAS, a general property tax mill levy is necessary to defray the general expenses of Town government for the 2012 budget year; and WHEREAS, due to the approval of ballot issue 2A on November 3, 1998, the Town of Firestone issued general obligation bonded debt in 1999 for the purpose of constructing a new town hall; and WHEREAS, the amount of money necessary for the debt service payment due in 2012 on the approved general obligation bonded debt is $75,114; and WHEREAS, the 2011 valuation for assessment for the Town of Firestone as certified by the County Assessor is $132,306,920; and WHEREAS, the Town is exempt from the statutory property tax revenue limitation (5.5% limit) due to voter approval of Ballot Issue A at the April 2, 1996 regular municipal election; and WHEREAS, the Town is exempt from the fiscal year spending limitation imposed by Article X, Section 20 to the Colorado Constitution, due to voter approval of Ballot Issue A at the April 2, 1996, regular municipal election; and WHEREAS, the Board of Trustees must certify the mill levies for the 2012 budget year by December 15, 2011, and by this Resolution desires to so certify its general mill levy and bonded debt mill levy. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That for the purpose of meeting all general operating expenses of the Town of Firestone during the 2012 budget year, there is hereby levied a tax of 6.244 mills upon each dollar of the total valuation for assessment of all taxable property within the Town for the year 2011. Section 2. That for the purpose of meeting payments for bonded indebtedness of the Town of Firestone during.the 2012 budget year, there is hereby levied a tax of ,561 mills upon each dollar of the total valuation for assessment of all taxable property within the Town for the year 2011. Section 3. That the Town Clerk is hereby authorized and directed to immediately certify to the County Commissioners of Weld County, Colorado, the mill levy for the -Town of Firestone as herein above determined and set. INTRODUCED, READ, and ADOPTED this 14th day of December, 2011. TOWN OF FIRESTONE, COLORADO Chad Auer, Mayor Attest: r � 1 u Heg od, Town ClerU 0! RESOLUTION NO. jj -3 SOLUTION CONCERNING: THEE MEMBERSHIP, GOALS AN0,RE8PON._8Il3fUTl'ES. OF THE TOWN. OF FIRESTONE ECONOMIC AND: BUSINESS: DEVELOPMENT COMMITTEE WFIEREA$, be Board of Trustees' has previously S . y organized, and appointed members I 0'. 1 -organize 0 ,thee Town of Firestone Economic 'Dev 'Development. Committee as an..adv*, T Q isory committee, of: the Board of Trustees in accordance with Section,.2,04,.J. 30 of the FiresioncM,unicipAL'Code; and . WHEREAS, the Board of Tiu.s't.'ees by ihii resolution desires tof6rnAlly establish :and rename saidCommittee .as the Economic' and .BUsine5sD6vlb)Indit Corftmittecand.set.If6rth certainprqvisions regardingthe mPmbPrship, '- goals. and responsibilities. of the. Committee" ,NO`Ai,,. THEREFORE, -BEIVRESOLVER BY THE BOARD OF TRUSTEES: OF THE TOWN: OF FIRESTONE, , COLORADO: &Crion,l. 'The Town, of Firestonel Economic, and. Business: Development, Committee (thb "Coins 6")Iis hereby formally :established by,the Board offrustees... Tble!Committee sha'll'be an advisory. com0iftoe'. of the Bodtd:bf Trustees. Tk"Committee: shall. consist of;ffour members. as follows: tile; Mayor,. One o&& Trustee 'from the Town . Board ,of Trustee 'sl the 'Town Mwiager,. and: ,the 'Town.Planner. The Trustee member fshall beappointediat a public meo ng by the presiding officer unless-�otberwise -ordered by a,,: majority vote .of. the Board, and in that case the-,a.pDointment shall bebybd&t. Section I. The foll'oWing.rii . IPS sW - lapply to,-tlfeCommittee. A.. Quorum: Tlirree;merftbers.of the Committee shall con.stituica quorum.., A majority of the quorum is•reqUired,t t Absence of: a: quor I um; o.,aa.on- any =ittcr before Corm but in a lesser ,:num . ber:may ,,qdjourn:afty' ting to a later time and date. B. Term. The Mayor; Town: Manager and Town. Planner shall serve :ex. officlo. The, Ttustbe member- of the Committee shall "be appointed 'to a- two- car. term; :which ,term shall' commence on the. fourtli Wednesday ,Of:April 'dea&h even numbered year, and shall: expire on the fourth Wednesday of Aprj IL two vcats' later, 'subject: `"to the requirement that, service shall be concurrent. with ;his or her.serviceas Trustee. A Trustee member :ofthe comin ittee:may., `be: reappointed without- any limit on the total number of terms served. "V.A.caiicIes/Rbmbval:: A vacancy the ,position of Trusteel member of Committee shall be; filled by appointment at a public meeting. by - the presiding officer unless otherwise ordered o by a maj ority vote. ofthe Boa,rdj,lin which case the, ,,zppointment shall be by.4aflot. The f- any person appointed- to the Committee Io: fill :a, vacancy left y 4. vacating Committee. member shall ' expire on,Ithe.;expiration date df.ihb:term .of`the ,vacating , Committee_ member: The Trustee member of the,- Committee may be removed from the,Cbmmitted,fbr afty'.reason by,an affirmative: %j'Otd L of,a-, majority of theentireBoard of Trustees. D.. Meetings-, The e Coir mittee shall meet at least once each calendar. quarter unless there is no business for the Committee to consider. Regular meeting timesand locations: shall be determined at the first Committee meeting of each calendar. year. Meetings: of the Committee shall be subject. to the Colorado Open Meetings Law. Staff to the Committee shall. keep an accurate :summary or minutes of all. Committee meetings, which shall be open for inspection in accordance with the Colorado Open Records Act. Section 3: The shall serve in. an. advisory, capacity: to the. Board of Trustees on matters of -interestto the: Town and Town Board concerning economic and business development and retention. The Committee's goals and responsibilities include, but :are not, limited to: the: following: A. Facilitate economic and.business development initiatives in.Firestone, B. Review proposed `business incentives related 'to business retention and development and make recommendations. to. the.Board.of Trustees. C. Provide input on proposed programs. related to business retention and development. D. Improve communica#ions. between the Town and local business community- E. Share -insights regarding local economic conditions.. F. Serve -as a sounding board for Town proposals that couldimpact local businesses. G. Gather information: regarding the needs and :priorities: of businesses with respect to business, retention anddevelopment issues. H. Represent the Town to business interests; including participation in economic functions, chamber. of 'commerce outreaches, real. estate functions, :retail trade shows, etc. Section 4. The Committee shall have the power to adopt bylaws, rules, policies and procedures for the conduct of its :activities,. which shall be. consistentwith the provisions: of' the Firestone ]Municipal .Code; resolutions and.other:applicable law.. The Committee shall haye.the power to determine and. appoint its. own: officers, :to include a chair and a recording.'secretary, :and such other officers as the Committee may determine. INTRODUCED,. READ, and ADOPTED this Y day of a _ f Yh, 201.1. TOWN :QUIRESTONE, COLO.RADO A C Chad Auer, ayor t o O........... , , RESOLUTION N0, �� o A RESOLUTION CONCERNING THE .MEMBERSHIP; :GOALS ,AND RESPONSIBILITIES, OF THE TOWN OFFIRESTONE CULTURAL ;COMMITTEE WHEREAS, ifie. Board. of Trustees' by this resolution. desires to establish the Town:. of Firestone Cultiirai Committee as an' advisory.committee of tte;.Board of Trustees iri: accordance: with'Sect on 2 04:130: of the Firestone Municipal Code; and set forth certain proyi:szons;regarding: the membership,; goals: and :responsibilities of the -Committee NO`, THERE -)"ORE, BE IT RESOLVED BY THE $OARD OF' TRUSTEES OF THE° TOWN OFiFIRESTONE, 0LOAAW: Section I.. The Town of `:Firestone- 'Cultural. 'Committee . (the '.Comrriittee'?): is hereby. formally es�:ablished by -the Board of'Triistees. The Comrnuttee: shaIl°be an: advisory committee .of- the. Board of Trustees. The C;o.n suttee shall consist,of five members :as follows:: One mernber`of' the Board, of Trustees, two,, -residents of the'Town; the Town;Manager :and the Communications and Community Outreach Coordinator. The Trustee and, resident ,members shall be appointed ,at a public 4heeting, by the,presiding officer unless otherwise ordered by a majority vote of1he Board; And. in` that case.the appointment shall be by ballot. Seerion 2. The followipg Mles;shall 4pplyi6the Committee:: A. Quorurn Three..members-of the Committee shall constitute a quorum.:A•majorityof` the quorum.. is, regi ii ed :to act,on any'. matter before:the .Corru ittee, but: in the ibsence of a quorum;; a lesser number may adjourn..6q meeting to a later.t*i a and elate. B. Term: The: Town Manager Nand communications and Community Outreach Coordinato-: shall: sere ^ex officio. ,1'he Town resident and Trustee members .of>the "Comrriitfee shallbe 16ppointed, to a' two-year term, which term shall; commence ;on the ,foutffi Wednesday. ..of April' of eazh even numbered year. ;and shag l expire on the fourth We of April two years later, :subjec t to° the requ' merit that: the Trmteemember's service: shall be .concurrent with his or_ her :service a ' Trustee. Trustee :and: Town: resident mmemb.ers °of the Committee maybe reappoinied without any`lrmt on the total number: of teits served:- . C: Vac. ancies/Ro ovati A vacancy inthe position of Trustee or'Town rpix- ent'meznber. of the: Committee shalt be filled'by appointment *_apublic ,meeting by the presiding offi.eer unless otherwise ordered by a zria�ority vote of the..:Board, in which:case the>appointment shall.:be b ballot; The term of any person appointed to the Committee to Ell a vacancy left by':a vacatmg`Cominittee member shall expire on'ti e expiration date. of the terrri<ofi1 vacating Committee member:, Trustee, and Town,,tesident, members of the Committee rmy-be removed from the i Commi. teeFfor,any treason by an.;affirrnative�vote of a majority of the:entire=Board of Trustees,. D. Meetings:. The Committee shall meet at,least oiee each; calendar quarter unless `Here. is: no. business for the Committee to: consider. . Regular meefing. times and locations shall be determined: at. the first Committee° meeting; of each 'ealendar year.; Meetings :of'the Committee shall be. su::)'Ject. to 'the -Cbldiado Open .M.e.etiiiks: Law.- 5tdff`tIb the .Committee :shall keep an accurate su_mrrfary Or, minutes of .All Committee: meetings, whiq'h shall be open for inspection in: accordance -with the Colorado (),pen. Records Act.. :Section I The :Committee shall serve- in an 4' a visory d capacity to the..Boatd of - Trustees. 0q. matters :of.interest lwthe Town and Town -Board, concerning am, ,cultural and civic' activities, events, and similar rnilar matters of interest, The Clornmittee's- goals and responsibilities include,, but, art not firrifted to the fallowing: ng: A. Serve,as an advisory group: to, the Town Board on cultural ail§ matters; B. Recommend methods for, -maintaining' and increasing :artistic and 'cultural, resources as well- as the'leve.1 :of awarenessof arts, cultural, civic events.;! 'Cla Provide aavqce:, and,. relOommehd4tions to the Town Board with respect to the planning -and conduct of the Town & annual I special events; D'. Serve.as a forum and sounding: board, -for 'discussion and development of the ToWn's,'-Oolicies concerning and :interests in cUlturalmaters and ,the .advaftcem�ht of artistic ; .cultural, and civic activities " the Town; YIC in . E. Stimulate eq . and :encourage and public stud planning; -presentation, and' '_ '. . participation ih, artistic, cultural and civic activities and,events; F. Serve. as- -a: cpordilriating body- to Whorn W. organi.zati.qn'8; artists acid: 'anyone, 'interested in the advancement of ;arts, culture :and.. civic.. activities in the: Town can come for. informatiomor assistance; Ji 0. Encourage and ptoinote. programs f6k the enrichmont.oftu Iture in, the . Town; M Coordinate and. strengthen existing organjzations in the fie'ld'df:arts and. culture. and develop cooperation with.,.otherlocal,regional .and state groups and .organizations; I. Explore and recommend to: th,61 Town ;Board ways :� and methods ;of obtaining private; loca state and federal funds promote arts I t8 and culture in the Town; ..wn J. Gather` information, conduct surveys and undertake similar activities in View of advising the Town Bbard.,oh.MbLtters respecting 'cultural developri entfor'the To,"M.. K. Stud make ationsiothe,7,ownBoar regarding potential Study; erecommend d artistic, cultural and civic facilities and assets for the Town: L. Make` an Annual repott to Town Board, covering. its activities f6r. the -year and the scope of . its planned activities for ifieTorthcoming:yeaqand. M.:, Working with'assigned staff,; encourage `and: support contributionsand_grants from individuals,. groups and others: for the benefit of the Towns; artistic; cultural and civic programs; and -provide recommendations :to.the Tow..n. Board on the use of contributions and. funds for such programs. ;Section 4. The Committee sl all'have the power to. adopt bylaws, rules, policies and° procedures for. the conduct, o its activities; which shall :be consistent with, the provisions of the: Firestone: Municipal Code, :resolutions and'::other:applicable law The -Committee shall :have the powefto determintanc appoint its own officers;'to. include a chair and,a4ecording secretary, and. such other offitdrs as,the Committee may. determine: INTRODUCED.' ..READ, ;and ADOPTED this .�4 day:of.. D-ecr w,�Gr- ; 2011. ATTEST: RESOLUTION NO. I I - q I A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOVL'N OF FIRESTONE AND THE ST. VRAIN SANITATION DISTRICT WHEREAS, the St. Vrain Sanitation District ("District") owns and operates a sanitary sewer treatment plant and collection system, and provides sanitary sewer service to properties within the Town of Firestone in addition to properties in Southwest Weld County; and . WHEREAS, the Town and District desire to enter into an Intergovernmental Agreement to address issues pertaining to sanitary sewer service to and within the Town, including without limitation development procedures, District system construction within the Town, use of individual sewage disposal systems, sharing of information, and other matter of mutual concern; and WHEREAS, the Town is authorized to enter into such an Intergovernmental Agreement pursuant to applicable law, including without limitation C.R.S.' 29-1-20Y et seq.; and WHEREAS, the Board of Trustees finds that such an Intergovernmental Agreement is in the best in.erest of the Town and its citizens; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The .proposed Intergovernmental Agreement between the St. Vrain Sanitation District and the Town of Firestone is hereby approved in essentially the same form as the copy of suzh Intergovernmental Agreement accompanying this Resolution. Section 2. - The Mayor is hereby authorized to execute the Agreement on behalf of the Town, 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 0-ece YKIaw , 2011. ATTEST: 7ud egwood Town Clerk TOWN OF FIRESTONE, COLORADO (17LJ Chad Auer, Mayor RESOLUTION NO. _LL� A RESOLUTION ADOPTING CERTAIN AMENDMENTS TO FIRESTONE PERSONNEL POLICY MANUAL TO REFLECT CHANGES IN THE DEPARTMENTAL AND REPORTING STRUCTURE FOR THE ADMINISTRATION AND OPERATION OF THE TOWN 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 amend certain sections of the Personnel Policy Manual to reflect changes made to the Personal Time Off (PTO) policy: NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Subsection "Paid Time Off (PTO)" of Section "Leaves" and Subsection "Resignation" of Section "Separation From Employment" of the Personnel Policy Manual, is hereby amended to read as follows (words added are underlined; words deleted are strisken 4ffeugh): Paid Time Off (PTO) The policy of the Town is to provide Paid Time Off (PTO) to regular full-time and part-time employees in accordance with the employee's length of service with the Town. PTO is for employees to use for vacation, illness, injury and personal business. Management will approve requests for PTO with consideration for the needs of the Town and personal desires of the employee. Request for PTO must be approved by the employee's immediate supervisor as far in advance as possible of taking the requested leave. Additionally, employees should make every effort to submit PTO requests as early as possible in the calendar year so that Department Heads may better assess all requests and work assignments for the upcoming year. The amount of PTO an employee receives increases with the length of their employment as shown in the'following schedule, in accordance with an employee's anniversary date: SERVICE EARNED PTO HOURS First Year of Service 152 hours Years 2 — 4 232 hours Years 5 — 9 272 hours Years 10+ 312 hours PTO Guidelines: • Part-time employees shall ae6rde earn PTO in proportion to the amount of time worked on a monthly basis. • Employees who begin employment in the middle of a pay period shall earn a prorated share of PTO hours for that pay period. • Employees who have an unexpected need to be absent from work must notify their direct supervisor before the scheduled start of the work day. • Employees may earn a specified number of PTO hours annually per the above schedule. up to an established can; once the cap is reached, no further earnings can happen until time has been used to allow for additional earnings. The maximum aeefual amount that can be earned before being capped and the number of hours allowed to be carried over at the end of each calendar year is as follows: Hours 111 VLIV VJJ of VV hours eaegear First Year of Service 40 hours Years 2 - 4 120 hours Years 5 — 9 160 hours Years 10+ 240 hours • PTO must be aeefued earned by the pay period in which it is taken. • Employees shall not be allowed to have a negative PTO balance. • Donation of PTO leave is not allowed. . • PTO shall not be used or debited in less than one -hour units. • Town -observed holidays shall not be counted in debiting PTO. • When Town offices are closed due to inclement weather, emergency or other situations, employees who are on PTO at that time shall still be debited with PTO for the hours that the offices are closed. For example, if the Town Manager decides to close Town offices at 2:00 p.m. due to a winter storm, persons on PTO for the whole day shall still be debited with 8 hours of PTO, not 5 hours. During a pandemic influenza outbreak, the Town's Pandemic Influenza Response Plan shall apply. Please see the Plan on the Town's Global Drive. PTO leave is not counted as time worked in the calculation of overtime. Resignation Resignation is a voluntary act of separation from employment initiated by the employee. Employees are requested to give their. supervisor at least 10 working days prior notice of resignation. An employee who, without authorization, fails to report for work for three consecutive working days shall be terminated from employment as of the end of the third consecutive day. The Department Head shall provide written notice to the employee that the resignation has been accepted and that the position has been declared vacant. Employees who choose to separate are entitled to compensation for all aeepde earned PTO leave, up to a specified maximum as follows: First Year of Service 40 hours Years 2 — 4 120 hours Years 5 — 9 160 hours Years 10+ 240 hours Section 2. This Resolution and the amendments to the Town of Firestone Personnel Policy Manual set forth herein shall take effect January 1, 2012. INTRODUCED, READ, and ADOPTED this 1 � day of D -e C-e hi , 2011. Attest: * -. ,o o .►� TOWN OF FIRESTONE, COLORADO CL Chad Auer Mayor