Built on What Matters

Town of Frederick Board of Trustees Agenda Frederick Town Hall Board Chambers 401 Locust Street Tuesday, December 8, 2020

6:30 PM Work Session

7:00 P.M. Regular Meeting

In order to promote social distancing and to protect the health and safety or our Board members, staff, and community this meeting will be conducted via Zoom Video Communications or in person. Interested parties are encouraged to access the meeting either via the web or by telephone. The meeting information is as follows:

Topic: Board of Trustee Meeting Time: Dec 8, 2020 06:30 PM Mountain Time (US and Canada)

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Built on What Matters.

Public Comment at a Virtual Meeting Board of Trustee Meeting Interested parties who would like to address the Board of Trustees during the Public Comment portion of the agenda may address the Board of Trustees virtually or in person. **To address the Board in person, individuals may also appear at Town Hall (401 Locust Street Frederick, CO) and are asked to sign up on the sign-up sheet in the Board Room. Individuals who would like to attend virtually are asked to sign up to speak during public comment by emailing the Town Clerk at [email protected]. Individuals are asked to provide the Town Clerk the following information:

1. Name 2. Address 3. Topic for Comment 4. Phone Number or Name that will be utilized in the zoom meeting application 5. Any documents that will be shared in the meeting.

The Town Clerk will verify your attendance prior to the meeting and will test your connection and microphone.

If there are public hearings scheduled for the Board of Trustee meeting, individuals who wish to address the Board of Trustees virtually are asked to contact the Town Clerk via email at [email protected] by 5:00 PM on date of the meeting. Individuals are asked to provide the Town Clerk the following information:

1. Name 2. Address 3. Public Hearing Item for Comment 4. Phone Number or Name that will be utilized in the zoom meeting application 5. Any documents that will be shared in the meeting

**Individuals that would like to attend the meeting at Town Hall are asked to sign up on the public comment sheet in the board room.

Any individual who is attending the meeting and wishes to be address the Board of Trustees during Public Comment or a Public Hearing may utilize the “raise your hand” feature in the Zoom Meeting App.

How to raise your hand in Zoom

1. During the meeting, click on the icon labeled “Participants” at the bottom center of your PC or Mac screen 2. At the bottom of the window on the right side of the screen, click on the button labeled “Raise Hand.”

3. Your digital hand is now raised. Lower it by clicking the same button, now labeled “Lower Hand” 4. If you are on a mobile device, simply tap “Raise Hand” at the bottom left corner of the screen. The lower hand icon will turn blue and the text below it will switch to say “Lower Hand” while your hand is raised. **In the interest of public safety in person attendees will be asked to wear a mask, have their temperature taken by the Frederick PD and sanitize their hands up entry to the building. Town Staff will be on hand to assist attendees**

Town of Frederick Board of Trustees Agenda Frederick Town Hall Board Chambers 401 Locust Street Tuesday, December 8, 2020

6:30 P.M. Work Session

7:00 P.M. Regular Meeting

Call to Order – Roll Call:

Pledge of Allegiance:

Approval of Agenda:

Special Presentations:

Public Comment: This portion of the Agenda is provided to allow members of the audience to provide comments to the Town Board. Please sign in and the Mayor will call you. If your comments or concerns require an action, that item(s) will need to be placed on a later Agenda. Please limit the time of your comments to three (3) minutes.

Staff Reports:

A. Administrative Report – Bryan Ostler, Town Manager

B. Town Clerk’s Report – Meghan Martinez, Town Clerk

Consent Agenda: Consent Agenda items are considered to be routine and will be enacted by one motion and vote. There will be no separate discussion of Consent Agenda Items unless a Board member so requests, in which case the item may be removed from the Consent Agenda and considered at the end of the Consent Agenda.

C. November 10, 2020 Minutes – Meghan Martinez, Town Clerk

D. List of Bills – Jason Leslie, Administrative Services Officer

E. Resolution 20-R-75 Establishing Online Posting of Notices and Meetings – Meghan Martinez, Town Clerk

Built on What Matters.

F. Ordinance 1345 Enacting Section 2-72, Frederick Municipal Code, entitled “Town Prosecutor,” and Setting Forth Details in Relation Thereto – Kristin Brown, Town Prosecutor

Action Agenda:

G. Resolution 20-R-76 Authorizing a Supplemental Appropriation and Amending the Calendar Year 2020 Budget – Jason Leslie, Administrative Services Officer

H. Public Hearing Resolution 20-R-77 Summarizing Expenditures and Revenues for Each Fund and Adopting a Budget for the Calendar Year 2021 – Jason Leslie, Administrative Services Officer

I. Resolution 20-R-78 Levying General Property Taxes for the Year 2020, to Help Defray the Cost of Government for the Town of Frederick, Colorado for the 2021 Budget Year – Jason Leslie, Administrative Services Officer

J. Resolution 20-R-79 Amending Fees for Municipal Services – Jason Leslie, Administrative Services Officer

K. Resolution 20-R-80 Certifying Various Liens to the Weld County Treasurer’s Office for Inclusion in the Appropriate Tax Bill – Jason Leslie, Administrative Services Officer

L. Resolution 20-R-81 Inclusion of the Town of Frederick Police Officers in the Fire and Police Pension Association Defined Benefit Plan – Todd Norris, Chief of Police

M. Resolution 20-R-82 Authorizing the Mayor to Execute the Seventeenth Interim Agreement with the Northern Integrated Supply Project Water Activities Enterprise (NISP) – Kevin Ash, Engineering Director

N. Public Hearing Consideration of the Hepp Farm Rezone – Maureen Welsh, Planner

Option 1:

Resolution 20-R-84A Regarding the Rezoning of Property Commonly Known as the “Lot A Hepp Farm” Adopting Certain Findings of Fact and Conclusions Favorable to the Rezoning

Ordinance 1347A Rezoning the Property Known as the “Lot A Hepp Farm”

Option 2:

Resolution 20-R-84B Regarding the Rezoning of Property Commonly Known as the “Lot A Hepp Farm” Adopting Certain Findings of Fact and Conclusions Unfavorable to the Rezoning

Option 3:

Resolution 20-R-84C Regarding the Rezoning of Property Commonly Known as the “Lot A Hepp Farm” Adopting Certain Findings of Fact and Conclusions Favorable to the Rezoning and Providing Certain Conditions

Ordinance 1347C Rezoning the Property known as the “Lot A Hepp Farm” Subject to Conditions

O. Public Hearing Consideration of the Dean Annexation and Zoning – Maureen Welsh, Planner

Option 1:

Resolution 20-R-85A Regarding the “Dean Annexation” Hearing Adopting Certain Findings of Fact and Conclusions Favorable to the Annexation

Ordinance 1348A Annexing the Property known as the “Dean Annexation”

Resolution 20-R-86A Regarding the “Dean Annexation” Hearing Adopting Certain Findings of Fact and Conclusions Favorable to the Zoning

Ordinance 1349A Establishing the Initial Zoning for the Property known as the “Dean Annexation”

Option 2:

Resolution 20-R-85B Regarding the “Dean Annexation” Hearing Terminating the Annexation

Resolution 20-R-86B Regarding the “Dean Annexation” Hearing, Adopting Certain Findings of Fact and Conclusions Terminating the Initial Zoning Proceedings

Option 3:

Resolution 20-R-85C Regarding the “Dean Annexation” Hearing Adopting Certain Findings of Fact and Conclusions Favorable to the Annexation and Listing Certain Additional Conditions to be attached to the Annexation

Resolution 20-R-86C Regarding the “Dean Annexation” Hearing Adopting Certain Findings of Fact and Conclusions Favorable to the Initial Zoning and Providing Certain Conditions

Ordinance 1348C Annexing the Property known as the “Dean Annexation” and Establishing Conditions for such Annexation

Ordinance 1349C Annexing the Property known as the “Dean Annexation” and Establishing Conditions of Approval Therefor

P. Public Hearing Consideration of the Silverstone Filing 1 and 4 Replat B and Vacation of Right-of-Way – Ali vanDeutekom, Planner

Option 1:

Resolution 20-R-83A Regarding the Final Plat of Silverstone Filing No. 1 Replat B, The Vacation of Certain Alleys and Streets in Silverstone Filing No. 1 and the Final Plat of Silverstone Filing No. 1 Replat B and Adopting Certain Findings of Fact and Conclusions

Ordinance 1346A Approving the Final Plat of Silverstone Filing No. 1 Replat B, the Vacation of Certain Alleys and Streets in Silverstone Filing No. 1 and the Final Plat of Silverstone Filing No. 4 Replat B

Option 2:

Resolution 20-R-83B Regarding the Final Plat of Silverstone Filing No. 1 Replat B, the Vacation of Certain Alleys and Streets in Silverstone Filing No. 1 and the Fina Plat of Silverstone Filing No. 1 Replat B and Adopting Certain Findings of Fact and Conclusions, Including Conditions for Approval

Option 3:

Resolution 20-R-83C Regarding the Final Plat of Silverstone Filing No. 1 Replat B, the Vacation of Certain Alleys and Streets in Silverstone Filing No. 1 and the Final Plat of Silverstone Filing No 1 Replat B and Adopting Certain Findings of Fact and Conclusions, including Conditions for Approval

Ordinance 1346C Approving with Conditions the Final Plat of Silverstone Filing No. 1 Replat B, the Vacation of Certain Alleys and Streets in Silverstone Filing No. 1 and the Final Plat of Silverstone Filing No. 4 Replat B

Q. Consideration of a Resolution of Intent for Dreamer’s Ridge Phase II Annexation and Zoning – Maureen Welsh Planner

Option 1:

Resolution 20-R-86A Intent to Annex Certain Properties in Weld County, Colorado to the Town of Frederick said Annexation to be known as “Dreamers Ridge Phase II Annexation”

Resolution 20-R-86B Intent Not to Annex Certain Properties Commonly known as Dreamers Ridge Phase II Annexation” located in Weld County, Colorado to the Town of Frederick

Mayor and Trustee Reports:

Executive Session: For the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators under C.R.S. Section 24-6-402(4)(e)(1) regarding economic development.

Adjournment:

Town of Frederick Memorandum

TO: Honorable Mayor and Board of Trustees

FROM: Bryan Ostler, Town Manager

DATE: December 8, 2020

CC: Town Staff Local Media

SUBJECT: Departmental Report

Upcoming Board of Trustees Work Sessions – If there are topics that the Board would like staff to schedule for discussion, please let me know. The following topics are recommended for Board discussion (all meetings will be held in the Town Board Chambers unless otherwise indicated):

• December 15th –Work Session (Land Use Code Discussion Part 1) • December 22nd- Regular Meeting Cancelled • December 29th- 5th Tuesday (No Meeting) • January 5th- Joint Work Session with POST and Planning Commissions, Land Use Code Part 2 • January 12th -Regular Meeting • January 19th – Work Session (Land Use Code Part 3) ______

Police Department • Field Training – Officer Ian Austin has completed the department’s field training program and has been assigned a shift as a patrol officer. Officer Austin did very well and with 10 years of previous law enforcement experience, was able to complete the program ahead of schedule. The filed training program is very difficult and the trainees are under a lot of pressure to meet the high standards of our department. Officer Austin did an outstanding job and makes an excellent addition to our team. • Equipment Grant – The department was recently awarded a LEAF (Law Enforcement Assistance Fund) grant to purchase equipment related to traffic safety. Funds in the amount of $1995.00 were used to purchase a new LIDAR unit to assist officers in enforce speeding violations while on patrol. • Law Enforcement Drone Program – The department’s Law Enforcement Drone Program is now operational after lengthy training and development stages. Sergeant Bedsaul recently passed a difficult FFA certification test to allow him to fly the department’s drones operationally. The drones have already been deployed in search of a firearm that was tossed by a suspect during a foot pursuit. The use of drones in law enforcement has increased over the years and will be a very effective tool for our department.

Built on What Matters.

Public Works • Streets Street Sweeping schedule continues – Downtown area, Godding Hollow, Fox Run, Summit View, No Name Creek, Eagle Valley, Raspberry Hill. Potholes were repaired along Godding Hollow and Colorado Blvd. PW crews regraded CR 20.5, 16.5, 5 after mag chloride was laid down. Also regraded CR 14 & 17. Asphalt repair was done at 333 5th St and 751 Oak St from water line repairs. At 5th & Frederick Way – the sidewalks were replaced at all four intersections. Cleaned up furniture dumped along the access road to Wyndham Hill. 11/24 – Crews cleared snow and ice from the snow event; also, cleared turn lanes along Colorado Blvd & Godding Hollow. • Parks PW made regular daily checks for trash around the skate park and the biweekly check of parks and the lake. Crews raked and cleaned up around the FRA entrance and horseshoe pits. PW crews assembled park benches and trash cans for installation at the skate park. Graffiti was cleaned off the restroom at the skate park on three different occasions. • Water There was a water leak at 5968 Esther Circle. The curb box was hit and damaged. PW crews dug up the area, replaced and repaired. American Leak Detection is working with PW Water Dept, checking areas of Old Town for possible leaks. At the Gateway, the fountain was drained and cleaned. • Buildings PW moved boxes from Town Hall to the vault of Admin Services Building. Crews began framing in the wall/door area between the conference room and kitchen area at Town Hall. Painting and new carpet are being installed at Town Hall. A repairs to the roof were completed at the Police Department. Crews have been pulling CAT 5 cable for new 360 degree cameras to be installed at the PD, front and back. A new ADA ramp is being installed at the Wellness House. • Open Space Open Space mowing has been completed for the season. • Storm Water Poor drainage around the Public Works area was addressed and cleaned out. The Fox Run detention pond area was cleaned up and necessary fence repair completed. Along Hurt St, weeds were cut and cleaned up to improve drainage. At 8th & Main St, tumble weeds are being cleared out of the trickle channel. PW has rented a John Deere Excavator to clear out some trouble spots for drainage in No Name Creek and at Bella Rosa Golf Course. • Miscellaneous Crews installed Christmas lights along the Median, in Crist Park, Town Hall, and Admin Services Building. Burned out lights were replaced on the 5th St bridge. Flag poles were repaired and flags replaced along the Colorado Blvd trail for Veteran’s Day observance. The alligator wood sculpture was removed from Crist Park, due to excessive vandalism. 428 free dump vouchers were picked up by residents for their clean up opportunity. PW crews chipped tree limbs that were collected from the residents’ weekend drop-offs at PW. Crews repainted yellow safety lines in the bays at PW. • Training Steve Johnson is continuing training in Fleet Services with John Ober and Steve Smith. Juston Marr is training with Tina Rehder in the Water/Locate Dept. New PW employees are being trained on the chipping machine. PW held our monthly safety meeting on CDL Safety.

Administrative Services:

Admin Services General • 311 Fifth Street – Staff from Communications, Finance, HR, and GIS have all moved into the new location. Communications and Engagement • Events Status: o Thanksgiving Dinner in A Box – We supplied 120 families with a complete Thanksgiving Dinner In A Box and received $1,150 in monetary donations. o Festival of Lights - Crist Park was officially “lit up” on December 2 via live stream on social media. There is a “guess the number of lights on the Xmas Tree” contest, a holiday light tour with a GIS map and a community giving tree set up in the lobby of the new Administrative Services Building at 311 Fifth Street. • “Built on What Matters” 2021 Calendar – Calendars are being mailed via USPS starting December 1. • HEAL committee: We promoted a Thanksgiving Active Living community engagement program in November. December “Maintain, Don’t Gain” community challenge is Dec. 7 – Jan. 4” • Leadership Training: Angela participated in the Mastering Conflict-5 Behaviors of a Cohesive Team training on December 2. • Volunteer Fair – We are in the planning process for the January event. • Weld County Mitigation Plan – Angela is coordinating the Town’s plans for the 2021 – 2025 plan. • COVID-19 Business recovery focus – The department is focused on getting resources and information to our business community. • Strategic Plan – Ongoing work with the retreat facilitator on the content and design of the strategic plan. • Community Partners – Working with the FHS Ed. Foundation, the Carbon Valley Chamber of Commerce, the Carbon Valley Network and Communities that Cares through monthly meetings.

Finance Department • 2021 Budget – The 2021 Budget is being adopted on 12/8/2020. Filing with Weld County and the State of Colorado are due by 12/31/2020. • 2020 Audit – The prep work for the 2020 audit has begun. • GFOA Award – The Town of Frederick was awarded the GFOA Award for the 2020 Budget. The Distinguished Budget Presentation Award is a highly prestigious award in municipal government finance. This is the Town’s 4th year earning this award. Human Resources • Recruitment & Hiring – 2nd round interviews for the Economic Development Director took place on December 3. The top two or three candidates will move forward to the next round in the process, which will include further panel interviews and a presentation component.

Engineering Department • Stormwater Master Plan (no change) – Frederick and Dacono jointly submitted a Department of Local Affairs Energy Impact Grant application in December 2019 to develop a stormwater master plan and on April 3, the Town received notification that they were awarded funding! A contract was approved to Anderson Consulting Engineers at the June 23rd Town Board meeting. This project is underway and the consultant is using field survey to gather existing conditions. This contract is scheduled to take 18 months and complete the end of 2021. • Transportation Master Plan – A contract was approved to Felsburg, Holt and Ullevig (FHU) to develop a Town of Frederick Transportation Master Plan. The consultant delivered a presentation to the Town Board at a work session on 12/1. The full draft master plan has been sent to the Board for review and comment. Final adoption is tentatively scheduled to be in January 2021. • Tipple Pkwy/Frontage Rd Streetlight – Coordination efforts continue with CDOT and United Power regarding installation of a streetlight at this intersection. CDOT has requested an engineering study on the pros/cons of a light at this intersection. One concern that has been raised is how a new light would reflect onto the interstate and negatively impact traffic. Staff is reaching out to consultants to provide a study for this potential light impact. • Raw Water Change of Use (no change) – Engineering staff is coordinating with its water attorney and water rights consultant to evaluate its current raw water portfolio to support filing a change of use application in water court so that these raw water shares could be used for future town use. The preliminary schedule has been extended to complete the evaluation and file the application by March, 2021. • Milavec Lake Raw Water Delivery (no change) – Engineering staff is coordinating with a consultant to evaluate the delivery of raw water from the lake to various developments. Preliminary recommendations have been provided and staff is evaluating a course of action. • Bridge Inspections – CDOT has completed their annual inspection of the bridges in town. They identified a need to repair the bridge along County Road 7 over the Sullivan Ditch. It was noted that there are bridge rail posts pulled out of their anchors along with impact damage on both rails which has affected the overall integrity of the bridge rails. Staff has received drawings to make the repair and is hoping to begin the project before the end of the year.

Planning Department • Development Applications – The development review process has a few steps land use applications go through prior to submitting an application such as a pre-application meeting and neighborhood meeting. There are seventeen projects that have completed the pre-application step. There are currently three neighborhood meeting scheduled. Eight projects have completed the neighborhood meeting, allowing them to submit an application. The following applications have been accepted for review and are now quasi-judicial.

Project Name Subdivision General Location Brief Description (Date of Application) Bear Industrial Park Replat Bear Industrial Park 4021 Kodiak Court Site plan for a 1,000 5, Block 1, Lot 1 – 4021 square foot facility Kodiak Ct. Site Plan with outdoor storage. (02/18/2020) Bear Industrial Replat 1, Bear Industrial Park 9083 Bruin Site plan for a 10,077 Block 1, Lot 4, Site Plan Boulevard square foot facility (07/06/2020) with outdoor storage. Canino Rezone and 3248 Hwy 52 Rezone to CDOT Subdivision Amdendment facility and Business Clark Ranch Villas Clark Ranch North of Tipple, East Development of about Site Plan of Caleb Ave and 5 acres to build 52 (11/16/2020) West of Ridgeway residential duplex Blvd. homes. CDOT Annexation- Northwest corner of Site plan to include a QT site Plan Hwy 52 and I-25 gas station and (10/26/2020) convience store CDOT- Park and Ride Northwest corner of Smaller CDOT Annexation Hwy 52 and I-25 maintance facility, (10/26/2020) smaller park and ride facility Clearview Villages Zoning Clearview Villages Generally, at the Zoning amendment, Amendment, Preliminary southwest corner of development plan and Development Plan, Final Silver Birch plat on approximately Development Plan, Boulevard and 102 acres. Preliminary Plat and Final Godding Hollow Plat (11/18/19) Parkway Bear Industrial Park Replat Bear Industrial Park 4021 Kodiak Court Site plan for a 1,000 5, Block 1, Lot 1 – 4021 square foot facility Kodiak Ct. Site Plan with outdoor storage. (02/18/2020) Bear Industrial Replat 1, Bear Industrial Park 9083 Bruin Site plan for a 10,077 Block 1, Lot 4, Site Plan Boulevard square foot facility (07/06/2020) with outdoor storage. Canino Rezone and 3248 Hwy 52 Rezone to CDOT Subdivision Amdendment facility and Business CDOT Annexation- Northwest corner of Site plan to include a QT site Plan Hwy 52 and I-25 gas station and (10/26/2020) convience store CDOT- Park and Ride Northwest corner of Smaller CDOT Annexation Hwy 52 and I-25 maintance facility, (10/26/2020) smaller park and ride facility Clearview Villages Zoning Clearview Villages Generally, at the Zoning amendment, Amendment, Preliminary southwest corner of development plan and Development Plan, Final Silver Birch plat on approximately Development Plan, Boulevard and 102 acres. Preliminary Plat and Final Godding Hollow Plat (11/18/19) Parkway Dean Annexation Dean Annexation Generally, on the Annexation of a .34 (07/06/2020) west side of acre residential Aggregate property. Boulevard, approximately 1/3 mile south of Tipple Parkway

Project Name Subdivision General Location Brief Description (Date of Application) Dreamers Ridge II Dreamers Ridge II Generally, at the Annexation and Annexation (12/02/19) Annexation southwest corner of subdivision of Aggregate Boulevard approximately 36.5 and Godding Hollow acres with a zoning of Parkway Residential Estate. Eagle Business Park Filing Eagle Business Park 7400 Eagle Site plan for a 11,800 3, Lot 1B – Black Diamond Filing 3 Boulevard square foot Site Plan (10/21/19) office/warehouse. Glacier Business Park 3759 Imperial Street Zoning amendment Glacier Business Park from Business Light Amended First Filing Block Industrial to 1, Lots 6 and 7 Rezoning Commercial Highway (07/06/2020) 52. Glacier West Lot 1, Glacier West 3310 Ideal Drive Site plan for an (09/08/2020) automotive repair business. Grigsby Annexation 6870 WCR 5 Annexation of (10/19/2020) approximately 24 acres from agriculture into residential for subdivision. HCT Annexation – HCT Annexation 7440 East I-25 Zoning of McDonald Farms Zoning Frontage Road approximately 136.3 and Site Plan acre property and documentation of the existing site. Hepp Farm – Gooch Hepp Farm Generally, ¼ mile Zoning amendment to Zoning Amendment and north of Bella Rosa apply zoning and Subdivision Amendment Parkway and west of subdivision (03/02/2020) Silver Birch amendment to create Boulevard 2 residential lots. Nelson Lakes Subdivision Nelson Lakes Generally, north of Amendment to the MOAPI Amendment and CR 16 ½ and west of existing MOAPI and Construction Plan Review CR 3 ¼ review of construction (10/17/19) plans. Approximatly 70 Prosperity- Final Plat acres developed into Prosperity Prosperity (10/05/2020) 206 single residental homes Site plan to make Silvers Minor Subdivision- improvements to Arrowleaf Landscaping Silvers 10580 County Rd. 7 existing landscapeing (09/08/2020) business. Silverstone Filing 1 & 4 Section 36, Replat outlots and add Replat B Silverstone Township 2 North, 11 additional (10/19/2020) Range 68 West residential homes. Wyndham Hill Filing 2 Wyndham Hill Generally, north of Plat to adjust property Replat E (08/17/2020) Wyndham Hill lines. Parkway and west of Ridgeway Boulevard/CR 7

Town of Frederick Memorandum

TO: Honorable Mayor Tracie Crites and Board of Trustees

FROM: Meghan Martinez, Town Clerk

DATE: December 4, 2020

SUBJECT: Town Clerk’s Report

• Liquor Licensing ⋅ Reviewing 7-Eleven License Renewal ⋅ Reviewing Rocky J’s License Renewal ⋅ Reviewing Mountain Cowboy Brewing Renewal ⋅ Reviewing a Transfer Application for 7-Eleven  Issued a Temporary Permit for Operation while the Transfer is pending. • Commissions Updates ⋅ Arts Commission  Working with the artists on finalizing their pieces in the skatepark. • Records Management ⋅ Receiving 24 boxes from our previous Town Attorney. Staff will start to sort through the documents to evaluate retention of the documents. • Bella Rosa Golf Course ⋅ The golf course is currently open. Golfers are required to book and pay online (bellarosagolf.com) or over the phone (303-678-2940). ⋅ The golf shop is currently closed to golfers and check-in can be done at the south window. ⋅ Back 9 Restaurant – The Back 9 Restaurant is currently open for take-out orders only. Please call 303-678-2940 to order or stop by the window on the south side of the clubhouse. The restaurant is open every day from 8:00 am until 2:00 pm. ⋅ Winter promotions – Watch for upcoming holiday promotions on our website and facebook page.

Built on What Matters. Town of Frederick Board of Trustees Regular Virtual Board Meeting Minutes Frederick Town Hall, 401 Locust Street November 10, 2020

Call to Order: At 5:30 p.m. Mayor Crites called the meeting to order and requested roll call.

Roll Call: Present were Mayor Crites, Mayor Pro Tem March and Trustees Mahan, Lamach, Brown, ONeal and Padia. Also present were Town Manager Bryan Ostler, Town Attorney Rick Samson and Town Clerk Meghan Martinez.

Pledge of Allegiance: Mayor Crites invited everyone to join the pledge.

Executive Session: Motion by Mayor Pro Tem March and seconded by Trustee ONeal to go into executive session for discussion of a personnel matter under C.R.S. Section 24-6-402(2)(f) and not involving: any specific employees who have requested discussion of the matter in open session; any member of this body or any elected official; the appointment of any person to fill an office of this body or of an elected official; or personnel policies that do not require the discussion of matters personal to particular employees; regarding the In- House Attorney Recruitment. Upon roll call vote, motion passed unanimously.

At 5:31 Mayor Crites recessed the meeting of the Board of Trustees to go into executive session.

At 6:52 Mayor Crites reconvened the meeting of the Board of Trustees and called for a brief recess.

At 7:12 Mayor Crites reconvened the meeting of the Board of Trustees.

At 7:12 Mayor Crites recessed the meeting of the Board of Trustees to open the Liquor Licensing Authority Meeting.

At 7:43 Mayor Crites reconvened the meeting of the Board of Trustees.

Special Presentations:

Carbon Valley Office of Emergency Management: Merrie Garner presented an overview of the Carbon Valley Office of Emergency Management.

Staff Reports:

Administrative Report: Town Manager Bryan Ostler provided a written report.

Town Clerk’s Report: Town Clerk Meghan Martinez provided a written report.

Public Comment: Mayor Crites announced that no one had signed up for public comment.

Consent Agenda:

Built on What Matters.

Motion by Mayor Pro Tem March and seconded by Trustee Brown to approve the consent agenda which consisted of the following item:

• October 13, 2020 Minutes

• List of Bills

• Resolution 20-R-72 Canceling the Regular Town Board Meetings on Tuesday, November 24, 2020 and Tuesday, December 22, 2020

Upon roll call vote, motion passed unanimously.

Action Agenda:

Glacier Business Park Amended First Filing Block 1, Lots 1&7 Rezone Request (Tabled from the October 13, 2020 Meeting): Planner Ali vanDeutekom gave a brief summary of the item tabled from the previous regular meeting.

Mark Delgado addressed the Board on behalf of the applicant.

Motion by Trustee ONeal and seconded by Trustee Mahan to approve Resolution 20-R-71A. Upon roll call vote, motion passed unanimously.

Motion by Trustee ONeal and seconded by Trustee Padia to approve Ordinance 1342A. Upon roll call vote, motion passed unanimously.

Motion by Trustee ONeal and seconded by Trustee Padia to direct staff to bring back to the Board any conditional use of the property that includes storage units. Upon roll call vote, motion passed unanimously.

There was much discussion regarding permitted uses as well. Staff will bring back any application relating to a permitted use to the Board.

Consideration of the Final Plat for Wyndham Hill Filing 2, Replat E: Prior to the presentation, Trustee Padia discussed her relationship with Joe Padia. The Town Attorney asked the applicant, Jon Lee, if he had any concerns of a conflict. Jon Lee indicated he did not have a conflict. Trustee Padia also asked the board if they had any concerns, the Board did not.

Planner Ali vanDeutekom presented the project. Jon Lee, 2500 Arapahoe Street Suite 220 Boulder, CO addressed the Board.

Motion by Trustee ONeal and seconded by Trustee Padia to approve Resolution 20-R-74C with the condition that the applicant will put into effect the seven Eagle Mitigation Measures. Upon roll call vote, motion passed unanimously.

Motion by Trustee ONeal and seconded by Trustee Brown to approve Ordinance 1343C with the condition that the applicant will put into effect the seven Eagle Mitigation Measures. Upon roll call vote, motion passed unanimously.

Public Hearing - McDonald Rezone: Planner Maureen Welsh presented the proposed project. The applicant was present and addressed the Board.

At 8:57 Mayor Crites opened the public hearing.

At 8:57 Mayor Crites closed the public hearing.

Motion by Trustee Padia to approve Resolution 20-R-73A. Motion died for lack of a second.

Motion by Trustee ONeal and seconded by Mayor Pro Tem March to approve Resolution 20-R- 73B with the addition of the language nor does it comply with the comprehensive plan in Section2A of the resolution. Upon roll call vote, motion passed unanimously.

At 9:07 Mayor Crites called for a brief recess.

At 9:14 Mayor Crites reconvened the meeting.

Public Hearing Fiscal Year 2021 Proposed Budget: Administrative Services Officer gave a brief overview of the budget process.

At 9:16 Mayor Crites opened the Public Hearing.

At 9:16 Mayor Crites closed the Public Hearing.

Discussion Agenda:

Electric Fund: There was a brief discussion regarding closure of the electric fund.

Mayor and Trustees Reports:

Trustee ONeal: He expressed concerns about some safety issues at the skatepark.

Trustee Lamach: He also indicated that the lighting still needs adjusted at the skatepark.

Mayor Crites indicated that we will add an additional Mayor and Trustee Report following the executive session.

Motion by Mayor Pro Tem March and seconded by Trustee ONeal to go into executive session for a conference with the town attorney for the purpose of receiving legal advice on specific legal questions under C.R.S. Section 24-6-402(4)(b). Upon roll call vote, motion passed unanimously.

At 9:42 Mayor Crites recessed the meeting of the Board of Trustees to go into executive session.

At 9:59 Mayor Crites reconvened the meeting of the Board of Trustees.

Mayor and Trustee Reports:

Motion by Trustee ONeal and seconded by Mayor Pro Tem March to enter into an easement agreement with CDOT for the stated amount as well as to negotiate the 8% fiscal adjustments and if not accepted to bring it back to the Board. Upon roll call vote, motion passed unanimously.

Motion by Trustee ONeal and seconded by Trustee Mahan to direct the Town Manager to give written notice to Rick Samson to terminate the contract with a cash payment of his contractual 60- day term. Upon roll call vote, motion passed unanimously.

Motion by Trustee ONeal and seconded by Trustee Brown to move forward with the top three candidates for the Town Attorney position.

Mayor Crites: She addressed the land use issued and discussed the makeup and term limits on all commissions.

There being no further business of the Board, Mayor Crites adjourned the meeting of the Board of Trustees at 10:10.

Approved by the Board of Trustees: ATTEST: ______Tracie Crites, Mayor ______Meghan C. Martinez, CMC, Town Clerk List of Bills - Town of Frederick October 30, 2020 - November 19, 2020 24/7 NETWORKS INC Network services for Admin Services building 21,710.20 4 RIVERS EQUIPMENT LLC Equipment rental 4,167.14 ACCELA INC Software implementation/Annual subscription 46,980.00 ACE HARDWARE OF FIRESTONE Supplies 1,134.34 ACUSHNET COMPANY Golf shop merchandise 3,300.00 ADAMSON POLICE PRODUCTS Police uniforms 1,864.77 ADVANCED URGENT CARE & Medical testing 130.00 ADVANTAGE MEDICAL COMPANY Supplies 497.50 ADVERTISING CONCEPTS INC Admin Services building sign 1,367.50 AXON ENTERPRISE INC Police equipment 8,754.00 BK TIRE, INC. Tire disposal 80.00 BLACK HILLS ENERGY Gas utility 1,980.07 CARBON VALLEY CAR WASH LLC Vehicle maintenance 124.65 CARBON VALLEY PARKS & RECREATION DIST Employee Rec Center passes 91.00 CASELLE, INC. Contract Support & Maintenance 2,142.00 CENTRAL WELD CTY WATER DIST Water taps/Windy Gap firming reimbursement 253,219.21 CENTURYLINK COMMUNICATIONS LLC Phone and fax service 339.86 CESARE INC Street pavement design - Fox Chase 11,985.48 CHARLES ABBOTT ASSOCIATES INC Inspection services 126,654.48 CHARLES LIVENS Legal/Administrative fees 373.80 CINTAS CORPORATION Uniform service/First aid replenishment 592.70 CIRSA Attorney fees for continued litigation 734.00 COLORADO MUNICIPAL LEAGUE Membership dues 2,473.00 COMCAST CABLE Cable, internet and phone service 1,442.13 COMCAST PHONE PRI services 279.67 CORE & MAIN LP Water supplies 40.75 DANA KEPNER CO Water meter supplies 4,840.00 DBC IRRIGATION SUPPLY Irrigation supplies 135.84 EASY PICKER GOLF PRODUCTS INC Driving range sign 503.65 ELEMENT WATER CONSULTING INC Water Engineering services 19,518.75 ELITE SURFACE INFRASTRUCTURE Pavement Maintenance - Final retainage 26,573.93 ENTENMANN-ROVIN CO Police equipment 86.00 ENVIROTECH SERVICES, INC. Street maintenance supplies 11,223.36 EON OFFICE Office supplies 249.33 EZ LINKS GOLF LLC POS software for golf shop and restaurant 3,966.52 FACTORY MOTOR PARTS CO Auto parts and supplies 788.69 FAIRFIELD AND WOODS PC Legal services 9,256.00 FP MAILING SOLUTIONS Quarterly payment for meter rental 135.00 FREDERICK DEVELOPMENT COMPANY Final Acceptance payment - Wyndham Hill Flg 5 23,175.00 FREDERICK FIRESTONE FIRE PROTECTION DIST Blood draw 33.20 FREEDOM MAILING SERVICES LLC Utility billing printing and mailing 2,664.64 FRONT RANGE FIRE APPARATUS FFFPD engine repair 27.72 FRONT RANGE LANDFILL Voucher provisions for Frederick residents 11,044.35 G & G EQUIPMENT INC Auto parts and supplies 65.87 GENERAL AIR Shop supplies 18.24 GREEN MILL SPORTMAN'S CLUB Range use 450.00 GREEN MOUNTAIN PROMOTIONS Board name plates 647.10 List of Bills - Town of Frederick October 30, 2020 - November 19, 2020 HARDLINE EQUIPMENT Equipment maintenance 937.70 HIGHER GROUND CONSULTING INC Leadership Training 9,760.00 HOME DEPOT CREDIT SERVICES Supplies 1,837.11 INTERSTATE FORD Vehicle maintenance 562.28 JOY HOUSE LLC Greeting cards 360.00 KC CONSTRUCTION INC Skatepark bathroom installation 7,660.00 KENZ & LESLIE DISTRIBUTING CO Maintenance stock supplies 621.80 KINSCO LLC Police uniforms 213.47 KRISTIN NORDECK BROWN PC Prosecution services 4,032.00 LAMP RYNEARSON & ASSOCIATES INC. Engineering services - SRTS 477.00 LIFE STORIES CHILD & FAMILY ADVOCACY 3rd quarter billing 219.00 LONGMONT HUMANE SOCIETY Animal impound fees 1,052.25 MARSH LAW PC Legal services 24,985.00 MARSHALL INFORMATION SERVICE LLC Permit software importing 93.75 MASEK GOLF CAR COMPANY Rental carts 732.00 MCGEE COMPANY Shop supplies 15.76 METRON-FARNIER LLC Water supplies 400.00 MOORE IACOFANO GOLTSMAN POST Master Plan Update 12,501.87 MOSES WITTEMYER HARRISON & WOODRUFF PCLegal services 25,214.50 MOTOROLA SOLUTIONS INC Police equipment 13,947.09 MOUNTAIN SALES & SERVICE Kitchen equipment lease 200.00 NAGARA Online Forum training 79.00 NORTHERN ENGINEERING SERVICES Town of Frederick Metro District Survey 4,376.48 O.J. WATSON COMPANY INC Equipment maintenance 15.46 OCCUPATIONAL HEALTH CENTERS New hire evaluations 369.50 O'KEEFE PUBLISHING INC Advertising & promotion services 400.00 O'REILLY AUTOMOTIVE INC Auto parts and supplies 295.05 P & W GOLF SUPPLY LLC Driving range equipment 2,375.79 PAUL C BENEDETTI Legal services - FURA 275.00 PETERSEN SPECIALTY Notary stamp 33.00 PRAIRIE MOUNTAIN MEDIA Publication costs 90.09 PRO GOLF REPAIR LLC Pro Golf services 1,675.00 PROFESSIONAL AUTOMOTIVE EQUIPMENT Automotive Diagnostic tablet 5,395.00 R & R PRODUCTS Replacement parts for mowers 1,473.30 RAMEY ENVIRONMENTAL COMPLIANCE Tank Inspections 600.00 REDI SERVICES LLC Porta-john services 197.50 REDNECK TRAILER SUPPLIES Equipment supplies 42.59 RICK PARKS Refund overpayment 7,124.04 SAFEGUARD BUSINESS SYSTEMS Laser business checks 334.41 SAFETY & CONSTRUCTION SUPPLY Safety supplies 830.89 SAFEWAY Supplies 108.70 SAM'S CLUB / GECRB Restaurant supplies 1,897.76 SAMSON LAW FIRM Legal services 28,000.00 SARAH WATSON Reimbursement for Engineering supplies 52.18 SHRED-IT USA Document shredding 101.79 SIGNARAMA Signs and wall decals 2,001.22 SIMPLOT PARTNERS Equipment parts 395.00 List of Bills - Town of Frederick October 30, 2020 - November 19, 2020 SKYDIO INC Drone program 2,399.00 STAPLES ADVANTAGE Office supplies 670.36 STEADFAST TATTOO COMPANY LLC Skatepark artwork 3,500.00 STEVE JOHNSON Boot reimbursement 50.00 STRIGLOS COMPANIES, INC. Computer equipment 19,620.00 SUMMIT STRATEGIES Economic Development Consulting 5,000.00 SYSCO DENVER Restaurant food order 2,522.61 TELOS ONLINE INC Wellness House backup 75.00 THE NAKED HANGER DRY CLEANERS Uniform cleaning 803.50 TICOS MEXICAN FOODS Restaurant food order 180.00 TIMBERLAN IT services and computer equipment 21,479.50 TRAFFIC SIGNAL CONTROLS INC Traffic signal supplies 4,420.00 TRANSWEST TRUCK Equipment repair parts 694.66 U.S. POSTAL SERVICE (CMRS-FP) Postage replenishment 500.00 UMB BANK, NA Custodian fee 187.50 UME CUSTOM EMBROIDERY & IMPRINTING LLC Retreat shirts 679.64 UNIFIRST CORPORATION Mat service and supplies 492.23 UNITED POWER Electric utility 9,362.90 UNIVERSITY AUTO PARTS INC Auto parts 276.57 UPPER CASE PRINTING, INK. Newsletter printing 1,148.40 UTILITY NOTIFICATION CENTER OF COLORADO Utility locate transmissions 709.24 VERIZON WIRELESS Wireless services 2,036.38 W.L. CONTRACTORS, INC. Monthly maintenance fee 157.50 WARD ELECTRIC COMPANY INC Electric services for Milavec sensor 823.34 WASTE CONNECTIONS OF COLO INC Trash service 60,786.74 WEAR PARTS & EQUIPMENT CO INC Parts 14,208.13 WELD COUNTY DEPARTMENT OF PUBLIC Laboratory services 356.00 WEX BANK Fuel 6,781.20 YAMAHA MOTOR FINANCE CORP USA Golf cart fleet lease payment 3,307.75 ZEP SALES & SERVICE Disinfectant cleaning supplies 272.26 Total 935,723.18

TOWN OF FREDERICK Board of Trustees Action Memorandum

Tracie Crites, Mayor Dan March, Mayor Pro Tem Rusty ONeal, Trustee Mark Lamach, Trustee Kevin Brown, Trustee Adam Mahan, Trustee Windi Padia, Trustee

Resolution Setting the Posting Place for Town of Frederick Meeting Agendas ______

Agenda Date: Town Board Meeting – December 10, 2019

Attachments: a. Resolution 20-R-75

Finance Review: Finance Director

Submitted by: Town Clerk

Approved for Presentation: Town Manager

Quasi-Judicial Legislative Administrative

Summary Statement:

Colorado Revised Statutes requires, annually, the Town adopt a resolution setting the posting places for the Town Board meeting agendas. With the passage of HB19-1087, local governments are authorized to post meeting notices on their website only.

Detail of Issue/Request:

The attached Resolution designates the Town of Frederick website as the posting place for all meeting agendas and notices. Previously, state statute required that notices be posted in three places to meet noticing requirements. With the passage of HB19-1087, local governments are now able to post all meeting notices on the web site exclusively. This allows all notices to be accessible for free and at any time instead of only when locations are open to the public. This will be the second year posting of notices on our website and staff feels that it has been a smooth transition from the paper postings.

Legal/Political Considerations:

Built on What Matters.

None

Alternatives/Options:

The Board may choose to approve the resolution or deny the resolution. The Board may also require additional posting places even though it is no longer required by law.

Financial Considerations:

Not applicable.

Staff Recommendation:

Staff recommends the Board adopt the resolution as presented.

TOWN OF FREDERICK, COLORADO RESOLUTION NO. 20-R-75

A RESOLUTION OF THE TOWN OF FREDERICK, COLORADO, ESTABLISHING ONLINE POSTING OF NOTICES OF MEETINGS

WHEREAS, the open meetings law requires full and timely notice of public meetings no less than twenty-four hours prior to the holding of the meeting; and

WHEREAS, C.R.S. §24-6-402(2)(c) provides that it is the intent of the General Assembly to transition from posting meeting notices in physical locations to posting notices on a website; and

WHEREAS, Frederick has its own website accessible at no charge to the public.

NOW THEREFORE BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FREDERICK, COLORADO, AS FOLLOWS:

Section 1. All notices of public meetings shall be posted no less than twenty-four hours in advance of the meeting on the Town’s website.

Section 2. If the Town is unable to post a meeting notice on its website in exigent or emergency circumstances, either of the following two places are designated as the legal posting places for the Town of Frederick: a. The bulletin board in the foyer of Town Hall; or b. The bulletin board at the Frederick Post Office.

Section 3. Effective Date. This resolution shall become effective on January 1, 2021.

Section 4. Repealer. All resolutions, or parts thereof, in conflict with this resolution are hereby repealed, provided that such repealer shall not repeal the repealer clauses of such resolution nor revive any resolution thereby.

Section 4. Certification. The Town Clerk shall certify to the passage of this resolution and make not less than one copy of the adopted resolution available for inspection by the public during regular business hours.

INTRODUCED, READ, PASSED AND ADOPTED THIS 8TH DAY OF DECEMBER 2020.

ATTEST: TOWN OF FREDERICK

By______By______Meghan C. Martinez, CMC, Town Clerk Tracie Crites, Mayor

TOWN OF FREDERICK Board of Trustees Action Memorandum

Tracie Crites, Mayor Dan March, Mayor Pro Tem Rusty ONeal, Trustee Mark Lamach, Trustee Kevin Brown, Trustee Adam Mahan, Trustee Windi Padia, Trustee

Ordinances Enacting Provisions Regarding Appointment of a Town Prosecutor ______

Agenda Date: Town Board Meeting - December 8, 2020

Attachments: a. Memo from Kristin N. Brown, Town Prosecutor b. Proposed Ordinance

Finance Review: Finance Director

Submitted by: Kristin N. Brown Kristin N. Brown, Town Prosecutor

Approved for Presentation: Town Manager

Quasi-Judicial Legislative Administrative

Summary Statement:

The Board of Trustees directed the town prosecutor to prepare and present an ordinance enacting provisions regarding the appointment of a town prosecutor.

Detail of Issue/Request:

The town prosecutor was appointed to her position in 1990. The municipal code addresses appointment of the town attorney, as required by statute, but is silent on the appointment of the prosecutor. The Board of Trustees directed an ordinance be presented that will add a specific section to the municipal code addressing appointment of the town prosecutor.

Alternatives/Options:

Decide not to adopt the ordinance.

Built on What Matters.

Financial Considerations:

N/A

Staff Recommendation:

Staff recommends approval of the Ordinance as presented.

ORDINANCE NO. 1345

AN ORDINANCE OF THE TOWN OF FREDERICK, COLORADO, ENACTING SECTION 2-72, FREDERICK MUNICIPAL CODE, ENTITLED “TOWN PROSECUTOR,” AND SETTING FORTH DETAILS IN RELATION THERETO.

WHEREAS, the Town of Frederick is a statutory municipality created and organized pursuant to Title 31, Colorado Revised Statutes; and

WHEREAS, pursuant to C.R.S. §31-4-304, as amended, the Board of Trustees shall appoint a town attorney, and other such officers as it deems necessary for the good government of the corporation; and

WHEREAS, for some time the Board of Trustees has appointed a town prosecutor, separate from the office of town attorney; and

WHEREAS, the Board of Trustees desires to enact the following section to specifically address the town prosecutor position.

NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FREDERICK, AS FOLLOWS:

Section 1. Section 2-72, Frederick Municipal Code, entitled “Town Prosecutor,” is hereby enacted to read as follows:

Sec. 2-72. Town Prosecutor.

The Board of Trustees may appoint a Town Prosecutor, to be separate and distinct from the Town Attorney. In the event no Town Prosecutor is appointed by the Board of Trustees, the Town Attorney shall serve in that capacity. The Town Prosecutor shall be responsible to handle all cases brought in the Frederick Municipal Court, including any appeals that arise from a municipal case. The Board of Trustees may designate additional duties and responsibilities to the Town Prosecutor as deemed appropriate.

Section 2. Severance Clause. If an article, section, paragraph, sentence, clause or phrase of this Ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The Board of Trustees of the Town of Frederick, Colorado hereby declares that it would have passed this Ordinance and each part or parts thereof, irrespective of the fact that any one part or parts may be declared invalid or unconstitutional.

Section 3. Repeal. All other ordinances, or parts of any ordinances or other Code provisions in conflict herewith are hereby repealed.

Section 4. Effective Date. This ordinance shall take effect thirty (30) days after publication following final passage.

INTRODUCED, PASSED, ADOPTED AND ORDER PUBLISHED IN FULL BY THE BOARD OF TRUSTEES OF THE TOWN OF FREDERICK THIS 8th DAY OF DECEMBER, 2020

TOWN OF FREDERICK, a Colorado municipal corporation

By: ______Tracie Crites, Mayor ATTEST:

By: ______Meghan Martinez, Town Clerk

TOWN OF FREDERICK Board of Trustees Action Memorandum

Tracie Crites, Mayor Dan March, Mayor Pro Tem Rusty O’Neal, Trustee Mark Lamach, Trustee Kevin Brown, Trustee Adam Mahan, Trustee Windi Padia, Trustee

A Resolution of the Town of Frederick, Colorado Authorizing a Supplemental Appropriation and Amending the Calendar Year 2020 Budget ______

Agenda Date: Town Board Meeting - December 8, 2020

Attachments: a. Resolution 20-R-76

Finance Review: Administrative Services Officer

Submitted by: Administrative Services Officer

Approved for Presentation: Town Manager

Quasi-Judicial Legislative Administrative

Summary Statement:

The proposed resolution will modify the 2020 budget to allow additional funding for the Golf Course Fund.

Detail of Issue/Request:

Limited resources, along with growing maintenance costs, have impacted the Golf Course Fund to provide on-going maintenance, along with recurring expenditures that can be solely covered through recurring charges for services. This is a request to amend the 2020 budget to include a transfer of funds from the General Fund to the Golf Course Fund in the amount of $615,000 to cover the overall added maintenance, equipment, and expenses of operations for the 2020 fiscal year.

Legal Comments:

Resolution was reviewed by legal counsel.

Alternatives/Options:

Built on What Matters.

The Board could choose: • Not to allocate the funding; or • Change the amount of funding that is provided.

Financial Considerations:

Available funds are in the budget. This would utilize unrestricted fund balance within the General Fund and not impact any future financial obligations.

Staff Recommendation:

Staff recommends approval of the resolution as presented.

TOWN OF FREDERICK, COLORADO RESOLUTION 20-R-76

A RESOLUTION OF THE TOWN OF FREDERICK, COLORADO, AUTHORIZING A SUPPLEMENTAL APPROPRIATION AND AMENDING THE CALENDAR YEAR 2020 BUDGET

WHEREAS, the General Fund will transfer funds to the Golf Course Fund to cover the overall added expenses within the Golf Course Fund.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FREDERICK, COLORADO;

Section 1. The budget for 2020 shall be amended to include a transfer of funds from the General Fund to the Golf Course Fund in the amount of $615,000.

Section 2. The budget for 2020 shall be amended to include an additional appropriation expense in the amount of $89,524 in the Golf Course Fund.

Section 3. Effective Date. This resolution shall become effective immediately upon adoption.

Section 5. Certification. The Town Clerk shall certify to the passage of this resolution and make not less than one copy of the adopted resolution available for inspection by the public during regular business hours.

INTRODUCED, READ, PASSED, AND ADOPTED THIS 8th DAY OF DECEMBER, 2020.

TOWN OF FREDERICK

By______Tracie Crites, Mayor ATTEST:

By Meghan C. Martinez, CMC, Town Clerk

TOWN OF FREDERICK Board of Trustees Action Memorandum

Tracie Crites, Mayor Dan March, Mayor Pro Tem Rusty O’Neal, Trustee Mark Lamach, Trustee Kevin Brown, Trustee Adam Mahan, Trustee Windi Padia, Trustee

A Resolution to Adopt the 2020 Budget ______

Agenda Date: Town Board Meeting - December 8, 2020

Attachments: a. Resolution 20-R-77 b. Associated Budget Materials

Finance Review: Administrative Services Officer

Submitted by: Administrative Services Officer

Approved for Presentation: Town Manager

Quasi-Judicial Legislative Administrative

Summary Statement:

Adoption of the attached resolution allows for the execution of the 2021 Budget as presented.

Detail of Issue/Request:

The attached 2021 Budget for the Town of Frederick, Colorado includes a number of important features and objectives to be achieved. As the budget was developed, the initial focus was to continue to provide the core services expected and delivered by the Town of Frederick. Those core services to be provided by Frederick include police services, planning services, water and storm water utility services, parks maintenance by public works, transportation networks and associated infrastructure, building and construction oversight, and various administrative duties including finance, human resources and administration.

As part of the budget development, the priorities and core functions of the Town were to ensure services and delivery of those services where either maintained or an enhancement of the existing services were

Built on What Matters.

provided to the community. Some of this may include regular evaluation of the procedures and processes in place while others require capital outlays and improvement. As a result, we do not anticipate any reduction or elimination of any of the high-quality services or programs provided to the Community. A number of capital items are being addressed in the budget that will produce significant outcomes for the community. These improvements are a result of implementation of the various plans that have been developed in concert with the Board, Staff and most importantly, the Community. Some of the more notable items that have been included in the budget include:

- General Fund o Town Manager’s Office . Infrastructure improvements thru MOAPIs o Economic Development . 1 ED Director FTE and benefits o Town Attorney . 1 Town Attorney FTE and benefits o Police . Additional 3 FTE (1 Commander, 2 Officers) and benefits o Engineering . Additional 2 FTE (Building Inspector & Development Engineer) and benefits . Speed Light program . Inspection Equipment-3 units o Public Works . Additional 3 FTE (Technician, Facilities Supervisor, & Assistant Director) and benefits . Vehicle and excavation/construction equipment replacement . AMI Water Meter Read system replacement . Pave Public Works lot to mitigate erosion and control dust . Annual maintenance to garage doors and HVAC o Administration . Financial Software package upgrade for improved data extraction, budgeting, analysis, and payment collection o Planning . Centennial Park improvements o Increase to Group Insurance benefit costs across all departments - Street and Alley Fund o Pavement maintenance program o Continuation of plan to improve all alleyways in downtown o Street sweeper lease payment o Satisfy Colorado Blvd. debt payment obligation - Conservation Trust Fund o Summit View Estates - Water Fund o 30” Central Weld Water Line (new construction) o Continued allocation for water expansion projects including NISP and Windy Gap o Windy Gap Firming Project o Windy Gap Storage o Water study - Storm Water Fund o Countryside storm water conveyance repair

- Public Safety Fund o Police Vehicle Lease Program - Golf Fund o Demolition and replacement of maintenance facility o Concrete existing dirt path along course for carts o Construct on-course shelter and restrooms o Turf utility cart o Mower - Parks and Open Space Fund o Centennial Park Improvements o Open Space Land Purchase o Trails-Mendoza and Frederick Way o Mechanic and excavation equipment o Toro Wing Mowers (2) o Irrigation Pump Replacement o Crist Park Shelter and Irrigation

As a result of the consistent delivery of services and a number of capital improvements planned, we would expect revenues and expenditures to increase when measured across all funds. In the same instance though, these expenditures could change if revenues do not come in as projected. As always, we will monitor these on a monthly basis for any abnormalities.

The Town of Frederick’s budgetary basis of accounting method is a modified accrual basis, which combines accrual-basis accounting with cash-basis accounting. Modified accrual accounting recognizes revenues when they become available and measurable and with a few exceptions, recognizes expenditures when they are incurred. This system divides available funds into separate entities within the organization to ensure that the money is being spent where it was intended. The figures presented in Resolution 20-R-77 represent the estimated cash balances for the budget year 2021. The figures in Exhibit A reflect the total value of all assets and liabilities in each fund.

Presented for consideration is the 2021 Fiscal Year Budget. The proposed 2021 budget that was presented to the Board in September, 2020. Board changes were presented to the Board in October, 2020. No further details of any changes in funds have occurred since October 2020.

Legal Comments:

State law requires the Town to adopt a budget and set the mill levy, to be certified and sent to Weld County, by December 15th of each year. Failing to adopt the 2021 budget could result in a loss of 10% of the revenue from the State and County.

Alternatives/Options:

If the 2021 budget is not passed, an emergency meeting must be held in December prior to the 14th to ensure that the mill levy certification can be sent to Weld County by 5:00 pm on that date.

Financial Considerations:

The budget document refers to the financial condition of the Town including the revenues, expenditures, activities, purposes and goals. The budget document will be the basis by which we operate and strive to achieve greatness for the Community while operating within the parameters set by the budget document.

Staff Recommendation:

Staff recommends passing the resolution to adopt the 2021 budget. TOWN OF FREDERICK, COLORADO RESOLUTION 20-R-77 RESOLUTION TO ADOPT 2021 BUDGET

A RESOLUTION OF FREDERICK, COLORADO, SUMMARIZING EXPENDITURES AND REVENUES FOR EACH FUND AND ADOPTING A BUDGET FOR THE CALENDAR YEAR 2021.

WHEREAS, on October 6, 2020 the Town Board of the Town of Frederick has received from Town staff a proposed 2021 budget for its consideration, and;

WHEREAS, upon due and proper notice, published and posted in accordance with the law, said proposed budget was open for inspection by the public at a designated place, public hearings were held on November 10, 2020, and December 8, 2020, and interested taxpayers were given the opportunity to file or register any objections to said budget, and;

WHEREAS, the Town Board has modified the proposed budget and now wishes to appropriate revenues and expenditures for the 2021 budget insuring that the budget remains in balance, as required by law, and;

WHEREAS, the Board of Trustees considered all objections of the electors and other relevant factors concerning the budget, and;

WHEREAS, the Board of Trustees is required by state law to adopt an annual budget prior to December 15, 2020;

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FREDERICK, COLORADO:

Section 1. That the budget as submitted, amended, and hereinabove summarized by fund, hereby is approved, adopted, as the budget of the Town of Frederick 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 of Frederick.

Section 3. The following sums are hereby appropriated from the revenue and fund balance of each fund, to each fund, for the purposes stated in the budget document.

Fund Beginning Revenues Transfers Expenditures Transfers Ending Cash Est. In Out Est. Cash General 9,752,806 9,220,760 0 8,920,983 0 10,052,583 Street & Alley 3,154,826 3,506,000 0 2,268,118 0 4,050,449 Conservation Trust 82,254 66,050 0 250 0 148,054 Water 11,335,262 5,235,500 0 3,937,034 0 12,633,728 Storm Water 5,422,058 976,000 0 908,816 0 5,489,242 Golf (15,552) 548,800 0 1,009,978 0 (476,730) Park Improvement 2,717,658 438,000 0 1,075,788 0 2,079,870 Open Space 2,483,697 1,011,000 0 439,352 0 3,055,345 Oil Royalty 1,511,596 41,500 0 57,000 0 1,496,096 Capital Facilities 6,116,889 331,000 0 270,640 0 6,177,249 Art in Public Places 145,934 1,000 0 40,000 0 106,934 Events 92,388 91,250 0 186,000 0 (2,362) Historic Preservation 2,431 1,050 0 1,000 0 2,481

Section 4. Effective Date. This resolution shall become effective immediately upon adoption.

Section 5. Repealer. All resolutions, or parts thereof, in conflict with this resolution are hereby repealed, provided that such repealer shall not repeal the repealer clauses of such resolution nor revive any resolution thereby.

Section 6. Certification. The Town Clerk shall certify to the passage of this resolution and make not less than one copy of the adopted resolution available for inspection by the public during regular business hours.

INTRODUCED, READ, PASSED AND ADOPTED THIS 8th DAY OF DECEMBER, 2020.

TOWN OF FREDERICK

By______Tracie Crites, Mayor

ATTEST:

By Meghan C. Martinez, CMC, Town Clerk Exhibit A

Town of Frederick, Colorado

2020 2020 2020 2021 2019 Actuals Adopted Year-End Proposed General Fund Actuals Jan - Oct Budget Estimates Budget

Beginning Fund Balance 7,339,684 7,497,609 7,497,609 7,497,609 11,141,144

Revenues: Taxes & Fees 6,193,415 8,159,755 6,860,662 9,791,706 7,653,260 Licenses & Permits 1,761,056 1,390,436 998,500 1,668,523 1,248,000 Fines & Forfeitures 154,533 130,856 123,500 157,027 114,000 Earnings on Investment 128,144 194,929 56,800 233,915 31,000 Miscellaneous Revenue 433,969 161,684 323,657 194,021 174,500 Grants & Contributions 45,286 6,770 41,500 8,124 - Transfers In (2,375,000) - 2,165,181 - -

Total Operating Revenues 6,341,403 10,044,430 10,569,800 12,053,316 9,220,760

Expenditures: Administration 1,015,765 1,938,687 2,307,693 2,326,424 2,275,607 Economic Development - - - - 119,459 Town Attorney - - - - 213,452 Finance 111,572 175,750 229,468 210,900 195,198 Courts Division 121,061 124,802 146,005 149,762 132,203 Legislative 467,806 352,017 444,702 422,420 289,661 Engineering 583,584 648,915 471,623 778,698 503,907 Planning 304,500 296,904 396,326 356,285 427,314 Police 3,109,547 3,210,052 3,960,355 3,852,062 4,211,176 Public Works & Buildings 379,293 261,023 358,431 313,228 553,006 Transfers Out 90,350 - - - -

Total Expenditures 6,183,478 7,008,150 8,314,603 8,409,780 8,920,983

Excess (Deficiency) of Revenues and Other Sources over Expenditures 157,925 3,036,280 2,255,197 3,643,536 299,777

Ending Fund Balance 7,497,609 10,533,888 9,752,806 11,141,144 11,440,921

TOWN OF FREDERICK Board of Trustees Action Memorandum

Tracie Crites, Mayor Dan March, Mayor Pro Tem Rusty O’Neal, Trustee Mark Lamach, Trustee Kevin Brown, Trustee Adam Mahan, Trustee Windi Padia, Trustee

A Resolution to Set the 2021 Mill Levies ______

Agenda Date: Town Board Meeting - December 8, 2020

Attachments: a. Resolution 20-R-78 b. Certification of Tax Levies Form DLG70

Finance Review: Administrative Services Officer

Submitted by: Administrative Services Officer

Approved for Presentation: Town Manager

Quasi-Judicial Legislative Administrative

Summary Statement:

The purpose of the attached resolution is to set the mill levy for General Fund operations. The mill levy must be certified to Weld County by December 15th of each year.

Detail of Issue/Request:

In recent years the Town has maintained the mill levy at 6.555 to preserve the opportunity to collect property tax revenue for operations in the General Fund. For the upcoming 2021 budget year, a decrease in assessed valuations will result in a decrease of $175,450 of property tax revenues compared to the amount collected in 2020. Total net taxable assessed valuations from the Weld County Assessor decreased from $424,316,692 for the 2020 budget year to $397,550,721 for the 2021 budget year.

Legal Comments:

Resolution was reviewed by legal counsel.

Built on What Matters.

Alternatives/Options:

Approve the mill levy at the calculated rate, or approve a reduced mill levy rate.

Financial Considerations:

The property tax revenues that are reflected in the 2021 budget are based on assessed property values of $397,550,721 with a mill levy of 6.555 mills.

Staff Recommendation:

Set the General Fund mill levy at 6.555 mills.

TOWN OF FREDERICK, COLORADO RESOLUTION 20-R-78

A RESOLUTION OF FREDERICK, COLORADO, LEVYING GENERAL PROPERTY TAXES FOR THE YEAR 2020, TO HELP DEFRAY THE COST OF GOVERNMENT FOR THE TOWN OF FREDERICK, COLORADO, FOR THE 2021 BUDGET YEAR.

WHEREAS, the Board of Trustees of the Town of Frederick, Colorado has adopted the annual budget in accordance with the Local Government Budget Law, on December 8, 2020, and;

WHEREAS, the amount of money necessary to balance the budget for the general operating purposes is $2,605,945 and;

WHEREAS, the amount of money necessary to balance the budget for the bonds and interest is $0 and;

WHEREAS, the 2020 net valuation for assessment for the Town of Frederick as certified by the County Assessor is $397,550,721;

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FREDERICK, COLORADO;

Section 1. That for the purpose of meeting all general operating expenses of the Town of Frederick during the 2021 budget year, there is hereby levied a mill levy of 6.555 mills, upon each dollar of the total valuation of assessment of all taxable property within the Town for the year 2020.

Section 2. That the Finance Director is hereby authorized and directed to immediately certify to the County Commissioners of Weld County, Colorado, the mill levies for the Town of Frederick as hereinabove determined and set.

Section 3. Effective Date. This resolution shall become effective immediately upon adoption.

INTRODUCED, READ, PASSED, AND ADOPTED THIS 8th DAY OF DECEMBER, 2020.

TOWN OF FREDERICK

By______Tracie Crites, Mayor

ATTEST:

By Meghan C. Martinez, CMC, Town Clerk

County Tax Entity Code DOLA LGID/SID /

CERTIFICATION OF TAX LEVIES for NON-SCHOOL Governments

TO: County Commissioners1 of Weld County , Colorado.

On behalf of the Town of Frederick , (taxing entity)A the Board of Trustees (governing body)B of the Town of Frederick (local government)C

Hereby officially certifies the following mills to be levied against the taxing entity’s GROSS $ 428,764,090 assessed valuation of: (GROSSD assessed valuation, Line 2 of the Certification of Valuation Form DLG 57E) Note: If the assessor certified a NET assessed valuation (AV) different than the GROSS AV due to a Tax Increment Financing (TIF) AreaF the tax levies must be $ 397,550,721 calculated using the NET AV. The taxing entity’s total (NETG assessed valuation, Line 4 of the Certification of Valuation Form DLG 57) property tax revenue will be derived from the mill levy multiplied against the NET assessed valuation of:

Submitted: 12/08/2020 for budget/fiscal year 2021 . (not later than Dec. 15) (mm/dd/yyyy) (yyyy)

2 PURPOSE (see end notes for definitions and examples) LEVY2 REVENUE 1. General Operating ExpensesH 6.555 mills $2,605,945 2. Temporary General Property Tax Credit/ Temporary Mill Levy Rate ReductionI < > mills $ < >

SUBTOTAL FOR GENERAL OPERATING: mills $

3. General Obligation Bonds and InterestJ mills $ 4. Contractual ObligationsK mills $ 5. Capital ExpendituresL mills $

6. Refunds/AbatementsM mills $ 7. OtherN (specify): mills $ mills $

Sum of General Operating TOTAL: [ Subtotal and Lines 3 to 7 ] 6.555 mills $ 2,605,945

Contact person: Daytime (print) Kurtis Adams phone: (720) 382-5562 Signed: Title: Finance Director

Include one copy of this tax entity’s completed form when filing the local government’s budget by January 31st, per 29-1-113 C.R.S., with the Division of Local Government (DLG), Room 521, 1313 Sherman Street, Denver, CO 80203. Questions? Call DLG at (303) 866-2156.

1 If the taxing entity’s boundaries include more than one county, you must certify the levies to each county. Use a separate form for each county and certify the same levies uniformly to each county per Article X, Section 3 of the Colorado Constitution. 2 Levies must be rounded to three decimal places and revenue must be calculated from the total NET assessed valuation (Line 4 of Form DLG57 on the County Assessor’s final certification of valuation).

Form DLG 70 (rev 7/08) Page 1 of 4 CERTIFICATION OF TAX LEVIES, continued

THIS SECTION APPLIES TO TITLE 32, ARTICLE 1 SPECIAL DISTRICTS THAT LEVY TAXES FOR PAYMENT OF GENERAL OBLIGATION DEBT (32-1-1603 C.R.S.). Taxing entities that are Special Districts or Subdistricts of Special Districts must certify separate mill levies and revenues to the Board of County Commissioners, one each for the funding requirements of each debt (32-1-1603, C.R.S.) Use additional pages as necessary. The Special District’s or Subdistrict’s total levies for general obligation bonds and total levies for contractual obligations should be recorded on Page 1, Lines 3 and 4 respectively.

CERTIFY A SEPARATE MILL LEVY FOR EACH BOND OR CONTRACT:

BONDSJ: 1. Purpose of Issue: Series: Date of Issue: Coupon Rate: Maturity Date: Levy: Revenue:

2. Purpose of Issue: Series: Date of Issue: Coupon Rate: Maturity Date: Levy: Revenue:

CONTRACTSK: 3. Purpose of Contract: Title: Date: Principal Amount: Maturity Date: Levy: Revenue:

4. Purpose of Contract: Title: Date: Principal Amount: Maturity Date: Levy: Revenue:

Use multiple copies of this page as necessary to separately report all bond and contractual obligations per 32-1-1603, C.R.S.

Form DLG 70 (rev 7/08) Page 2 of 4 Notes:

A Taxing Entity—A jurisdiction authorized by law to impose ad valorem property taxes on taxable property located within its territorial limits (please see notes B, C, and H below). For purposes of the DLG 70 only, a taxing entity is also a geographic area formerly located within a taxing entity’s boundaries for which the county assessor certifies a valuation for assessment and which is responsible for payment of its share until retirement of financial obligations incurred by the taxing entity when the area was part of the taxing entity. For example: an area of excluded property formerly within a special district with outstanding general obligation debt at the time of the exclusion or the area located within the former boundaries of a dissolved district whose outstanding general obligation debt service is administered by another local governmentC.

B Governing Body—The board of county commissioners, the city council, the board of trustees, the board of directors, or the board of any other entity that is responsible for the certification of the taxing entity’s mill levy. For example: the board of county commissioners is the governing board ex officio of a county public improvement district (PID); the board of a water and sanitation district constitutes ex officio the board of directors of the water subdistrict.

C Local Government - For purposes of this line on Page 1of the DLG 70, the local government is the political subdivision under whose authority and within whose boundaries the taxing entity was created. The local government is authorized to levy property taxes on behalf of the taxing entity. For example, for the purposes of this form: 1. a municipality is both the local government and the taxing entity when levying its own levy for its entire jurisdiction; 2. a city is the local government when levying a tax on behalf of a business improvement district (BID) taxing entity which it created and whose city council is the BID board; 3. a fire district is the local government if it created a subdistrict, the taxing entity, on whose behalf the fire district levies property taxes. 4. a town is the local government when it provides the service for a dissolved water district and the town board serves as the board of a dissolved water district, the taxing entity, for the purpose of certifying a levy for the annual debt service on outstanding obligations.

D GROSS Assessed Value - There will be a difference between gross assessed valuation and net assessed valuation reported by the county assessor only if there is a “tax increment financing” entity (see below), such as a downtown development authority or an urban renewal authority, within the boundaries of the taxing entity. The board of county commissioners certifies each taxing entity’s total mills upon the taxing entity’s Gross Assessed Value found on Line 2 of Form DLG 57.

E Certification of Valuation by County Assessor, Form DLG 57 - The county assessor(s) uses this form (or one similar) to provide valuation for assessment information to a taxing entity. The county assessor must provide this certification no later than August 25th each year and may amend it, one time, prior to December 10th.

F TIF Area—A downtown development authority (DDA) or urban renewal authority (URA), may form plan areas that use “tax increment financing” to derive revenue from increases in assessed valuation (gross minus net, Form DLG 57 Line 3) attributed to the activities/improvements within the plan area. The DDA or URA receives the differential revenue of each overlapping taxing entity’s mill levy applied against the taxing entity’s gross assessed value after subtracting the taxing entity’s revenues derived from its mill levy applied against the net assessed value.

G NET Assessed Value—The total taxable assessed valuation from which the taxing entity will derive revenues for its uses. It is found on Line 4 of Form DLG 57.

H General Operating Expenses (DLG 70 Page 1 Line 1)—The levy and accompanying revenue reported on Line 1 is for general operations and includes, in aggregate, all levies for and revenues raised by a taxing entity for purposes not lawfully exempted and detailed in Lines 3 through 7 on Page 1 of the DLG 70. For example: a fire pension levy is included in general operating expenses, unless the pension is voter-approved, if voter-approved, use Line 7 (Other).

Form DLG 70 (rev 7/08) Page 3 of 4

I Temporary Tax Credit for Operations (DLG 70 Page 1 Line 2)—The Temporary General Property Tax Credit/ Temporary Mill Levy Rate Reduction of 39-1-111.5, C.R.S. may be applied to the taxing entity’s levy for general operations to effect refunds. Temporary Tax Credits (TTCs) are not necessary for other types of levies (non-general operations) certified on this form because these levies are adjusted from year to year as specified by the provisions of any contract or schedule of payments established for the payment of any obligation incurred by the taxing entity per 29-1-301(1.7), C.R.S., or they are certified as authorized at election per 29-1-302(2)(b), C.R.S.

J General Obligation Bonds and Interest (DLG 70 Page 1 Line 3)—Enter on this line the total levy required to pay the annual debt service of all general obligation bonds. Per 29-1-301(1.7) C.R.S., the amount of revenue levied for this purpose cannot be greater than the amount of revenue required for such purpose as specified by the provisions of any contract or schedule of payments. Title 32, Article 1 Special districts and subdistricts must complete Page 2 of the DLG 70.

K Contractual Obligation (DLG 70 Page 1 Line 4)—If repayment of a contractual obligation with property tax has been approved at election and it is not a general obligation bond (shown on Line 3), the mill levy is entered on this line. Per 29-1-301(1.7) C.R.S., the amount of revenue levied for this purpose cannot be greater than the amount of revenue required for such purpose as specified by the provisions of any contract or schedule of payments.

L Capital Expenditures (DLG 70 Page 1 Line 5)—These revenues are not subject to the statutory property tax revenue limit if they are approved by counties and municipalities through public hearings pursuant to 29-1- 301(1.2) C.R.S. and for special districts through approval from the Division of Local Government pursuant to 29- 1-302(1.5) C.R.S. or for any taxing entity if approved at election. Only levies approved by these methods should be entered on Line 5.

M Refunds/Abatements (DLG 70 Page 1 Line 6)—The county assessor reports on the Certification of Valuation (DLG 57 Line 11) the amount of revenue from property tax that the local government did not receive in the prior year because taxpayers were given refunds for taxes they had paid or they were given abatements for taxes originally charged to them due to errors made in their property valuation. The local government was due the tax revenue and would have collected it through an adjusted mill levy if the valuation errors had not occurred. Since the government was due the revenue, it may levy, in the subsequent year, a mill to collect the refund/abatement revenue. An abatement/refund mill levy may generate revenues up to, but not exceeding, the refund/abatement amount from Form DLG 57 Line 11.

1. Please Note: If the taxing entity is in more than one county, as with all levies, the abatement levy must be uniform throughout the entity’s boundaries and certified the same to each county. To calculate the abatement/refund levy for a taxing entity that is located in more than one county, first total the abatement/refund amounts reported by each county assessor, then divide by the taxing entity’s total net assessed value, then multiply by 1,000 and round down to the nearest three decimals to prevent levying for more revenue than was abated/refunded. This results in an abatement/refund mill levy that will be uniformly certified to all of the counties in which the taxing entity is located even though the abatement/refund did not occur in all the counties.

N Other (DLG 70 Page 1 Line 7)—Report other levies and revenue not subject to 29-1-301 C.R.S. that were not reported above. For example: a levy for the purposes of television relay or translator facilities as specified in sections 29-7-101, 29-7-102, and 29-7-105 and 32-1-1005 (1) (a), C.R.S.; a voter-approved fire pension levy; a levy for special purposes such as developmental disabilities, open space, etc.

Form DLG 70 (rev 7/08) Page 4 of 4

TOWN OF FREDERICK Board of Trustees Action Memorandum

Tracie Crites, Mayor Dan March, Mayor Pro Tem Rusty O’Neal, Trustee Mark Lamach, Trustee Kevin Brown, Trustee Adam Mahan, Trustee Windi Padia, Trustee

Resolution Amending the Fee Schedule ______

Agenda Date: Town Board Meeting – December 8, 2020

Attachments: a. Resolution 20-R-79 b. Exhibit A – Fee Schedule Changes

Finance Review: Administrative Services Officer

Submitted by: Administrative Services Officer

Approved for Presentation: Town Manager

Quasi-Judicial Legislative Administrative

Summary Statement:

Described below are a number of fees for various services that staff are requesting be updated or removed from the fee schedule. The fee schedule is reviewed regularly and is amended solely based on need and to ensure that the services delivered to individuals are not being paid for by all taxpayers.

Detail of Issue/Request:

Chapter 2 - Administration Section 2-78 Administrative Fees Schedule

Open Records Requests: Remove the Electronic Copies (per page) fee and raise the Research/Retrieval Services hourly rate to properly align with the state authorized fee of $33 per hour.

Park Pavilion, Park Fees: Increase hourly fees to Town of Frederick residents and establish a base charge of $75 for gatherings over 200 people. Establish a base charge of $150 for non-resident gatherings over 200 people.

Built on What Matters.

Block Party Fees: Add a $100 refundable barricade rental deposit if no damage is incurred to barricades.

Chapter 2 - Administration Section 2-78 Administrative Fees Schedule Copies: Black & White (per page) (up to 11x17 on paper copied on Town's machine) $0.25 Color (per page) (up to 11x17 on paper copied on Town's machine) $1.00 Fax (per page) $1.00 Lawn Watering Permit $20.00 Code Books (Municipal, Land Use, Master Plans, Comp Plan) $150.00 Non-Sufficient Funds Check (per incident) $35.00 Open Records Request: Certified copies (additional per document) $1.00 Black & White (per page) (up to 11x17 on paper copied on Town's machine) $0.25 Color (per page) (up to 11x17 on paper copied on Town's machine) $1.00 Electronic Copies (per page) $0.25 Large Format Copies Actual Cost Electronic Large Format Copies Actual Cost Black and White Maps Actual Cost Mylars Actual Cost Photographic Reproductions Actual Cost Audio Tapes Actual Cost Diskettes Actual Cost Research/Retrieval Services First Hour Free, $30.00$33.00/hour thereafter, prorated in 15 minute increments Park Fees (reserved park pavilion - up to five hours): Town of Frederick Resident 1-50 people 20.00$25.00 Each additional hour beyond five hours $5.00 51-100 people 30.00$35.00 Each additional hour beyond five hours $5.00 101-200 people 50.00$60.00 Each additional hour beyond five hours $5.00 Over 200 people $75.00 min and based on park impact Each additional hour beyond five hours $5.00 Non-Resident 1-50 people $50.00 Each additional hour beyond five hours $5.00 51-100 people $75.00 Each additional hour beyond five hours $5.00 101-200 people $125.00 Each additional hour beyond five hours $5.00 Over 200 people $150.00 min and based on park impact Each additional hour beyond five hours $5.00 Liquor Permits for park reservations $25.00 Bounce House Permits for park reservations $15.00 Block Party Fees: Block Party Permit $25.00 Barricade Rental $25.00 Barricade Deposit (Refundable) $100.00

Chapter 13 - Municipal Utilities Section 13.55.4 Procedures

Capital Improvement Fee: The previous water rate studies completed in 2005 and 2010 both proposed a $1,200.00 per single family equivalent fee, a Low Water Pressure Zone Fee. The proposed tank site is next to the existing Frederick Water Tank off of CR 17 between CR 14 and Tipple Parkway. A water mainline improvement is necessary to maintain adequate pressures and supplies to the zones that are connected to the existing tank on the east side of Town. The Town will work with the Central Weld County Water District as this improvement is identified in their Master Plan for improvements required to meet the Town’s demands as it continues to grow. This proposed improvement will create a second point of supply to the tank site. In addition to the waterline improvements a second tank will be needed to maintain supply, pressure, and emergency and fire-flow storage for the Town. The new tank is proposed to be located near the existing tank and connected to existing infrastructure. The cost per dwelling unit is based on conservatively assuming 6000 additional dwelling units will be developed within the Town’s Planning Boundary east of I-25 based on the Town’s Comprehensive Plan. The proposed additional fee to cover the cost of construction of the secondary point of connection and the second water tank is $1,300 per dwelling unit. As all properties will benefit from the improvements to the tank site, it is proposed that the Frederick Capital Improvement Fee be increased. The Frederick Capital Improvement fee was set to $1,000 for multiple decades and was only recently increased 50% in 2019 and 30% in 2020. This fee must continue to be increased to meet the Town’s funding needs and as construction cost continue to increase. A 30% increase is proposed in 2021, which will generate funds for the necessary water system improvements described above, other water system improvement and maintenance needs of the existing system, and the Town’s participation in the Northern Integrated Supply Project and Windy Gap Firming Project.

Chapter 13 - Municipal Utilities Section 13.55.4 Procedures Storage Cash-in-Lieu Fee for potable water dedications shall be paid per acre-foot of water dedicated to the Town without storage rights associated with the water share $2,500.00 Cash-in-Lieu Fee for Non-Potable Raw Water (per acre-foot) $34,000.00 Cash-in-Lieu Fee for Colorado-Big Thompson (1 unit CBT) $65,000.00

Table B For sites located in Evanston and Wolff Gardens Subdivision of Weld County and platted in the County before July 1, 1994 (out of Town) : Meter Size Service Fees: CBR Water CWCWD Meter Meter Dedication Capital Frederick Capital Installation Size Requirement Improv. Fee Improv. Fee Fee* Total 5/8" 1.0 unit $10,000 3,705$4,817 750$800 14,455$15,617 3/4" 1.5 units $15,000 5,558$7,225 950$1,000 21,508$23,225

Table C For sites located in Evanston and Wolff Gardens Subdivision of Weld County and platted in the County after July 1, 1994 (out of Town) : Meter Size Service Fees: CBT Water CWCWD Meter Meter Dedication Capital Frederick Capital Installation Size Requirement Improv. Fee Improv. Fee Fee* Total 5/8" 1.0 unit $10,000 4,875$6,338 750$800 15,625$17,138 3/4" 1.5 units $15,000 7,313$9,507 950$1,000 23,263$25,507

Table D For sites in Frederick who are not subject to the Native Water Dedication Requirement or who select Alternative 1E described in Section 13-55.3 of the Municipal Code Meter Size Service Fees: CBT Water CWCWD Frederick Meter Meter Dedication Capital Capital Installation Size Requirement Improv. Fee Improv. Fee Fee* Total 5/8" 1.0 unit $10,000 1,950$2,535 750$800 12,700$13,335 3/4" 1.5 units $15,000 2,925$3,803 950$1,000 18,875$19,803 1" 3.0 units $25,000 5,850$7,605 1,250$1,300 32,100$33,905 1 1/2" 6.0 units $50,000 11,700$15,210 2,076$3,025 63,776$68,235 2" 10.0 units $80,000 19,500$25,350 3,390$3,440 102,890$108,790

Section 13.55 Procedures - Non-Potable Water Service Residential meters 3/4" or less tap size (per SFE) $300.00 Non-Residential Capital Improvement (per acre-foot of projected demand) $500.00 Non-Residential Storage (per acre-foot of projected demand) $600.00

Non-Potable Meter Fees: Meter Size Meter Installation Fee 5/8" 986$1,018 3/4" 1,141$1,175 1" 1,676$1,724 1 1/2" 3,176$3,248 2" 4,686$4,782

Section 13.57 Meter Testing Accurate Meter Reading (at the discretion of the Town Manager) up to $100.00 Section 13.59 Interfering with or bypass of meters Obstructed meter charge 50$100.00

Section 13.74 Water Service Charges

The proposed resolution will increase the water rates for the Town of Frederick to meet the current and future needs of the Town’s water system. To accommodate for both fixed and variable costs, we are recommending a regular increase of five percent (5%) annually on every calendar year (2021 through 2025) on a costs per 1,000-gallon basis.

Section 13.74 Water Service Charges Duplicate Utility Bill $2.00 Potable Water Rate Tables:

Potable Water Rates - In Town - 5/8" Taps Use (Gallons) Cost Base rate $31.57 3,001 to 5,000 gallons 2.65$2.78 per 1000 gallons 5,001 to 15,000 gallons 3.65$3.83 per 1000 gallons 15,000 to 25,000 gallons 4.64$4.87 per 1000 gallons 25,000 and over 6.64$6.97 per 1000 gallons

Potable Water Rates - In Town - Larger Taps Use (Gallons) 3/4" 1" 1& 1/2" 2" 3" 4" Base Cost $35.61 $61.18 $116.74 $185.50 $347.03 $597.40 0 to 30K 2.25$2.36 2.25$2.36 2.25$2.36 2.25$2.36 2.25$2.36 2.25$2.36 30K to 60K 2.25$2.36 2.25*2.36 2.25$2.36 2.25$2.36 2.25$2.36 2.25$2.36 60K to 100K 2.99$3.14 2.25$2.36 2.25$2.36 2.25$2.36 2.25$2.36 2.25$2.36 100K to 200K 2.99$3.14 2.99$3.14 2.25$2.36 2.25$2.36 2.25$2.36 2.25$2.36 200K to 300K 2.99$3.14 2.99$3.14 2.99$3.14 2.25$2.36 2.25$2.36 2.25$2.36 300K to 400K 4.64$4.87 2.99$3.14 2.99$3.14 2.99$3.14 2.25$2.36 2.25$2.36 400K to 500K 4.64$4.87 4.64$4.87 2.99$3.14 2.99$3.14 2.99$3.14 2.25$2.36 500K to 600K 4.64$4.87 4.64$4.87 4.64$4.87 2.99$3.14 2.99$3.14 2.99$3.14 600K and over 4.64$4.87 4.64$4.87 4.64$4.87 4.64$4.87 2.99$3.14 2.99$3.14

Potable Water Rates - Evanston - 5/8" Taps Use (Gallons) Cost Base rate $56.41 3,001 to 5,000 gallons 2.65$2.78 per 1000 gallons 5,001 to 15,000 gallons 3.65$3.83 per 1000 gallons 15,000 to 25,000 gallons 4.64$4.87 per 1000 gallons 25,000 and over 6.64$6.97 per 1000 gallons

Potable Water Rates - Evanston - Larger Taps Use (Gallons) 3/4" 1" 1& 1/2" 2" 3" Base Cost $62.89 $96.12 $168.37 $257.76 $367.09 0 to 30K 2.25$2.36 2.25$2.36 2.25$2.36 2.25$2.36 2.25$2.36 30K to 60K 2.25$2.36 2.25$2.36 2.25$2.36 2.25$2.36 2.25$2.36 60K to 100K 2.99$3.14 2.25$2.36 2.25$2.36 2.25$2.36 2.25$2.36 100K to 200K 2.99$3.14 2.99$3.14 2.25$2.36 2.25$2.36 2.25$2.36 200K to 300K 2.99$3.14 2.99$3.14 2.99$3.14 2.25$2.36 2.25$2.36 300K to 400K 4.64$4.87 2.99$3.14 2.99$3.14 2.99$3.14 2.25$2.36 400K to 500K 4.64$4.87 4.64$4.87 2.99$3.14 2.99$3.14 2.99$3.14 500K to 600K 4.64$4.87 4.64$4.87 4.64$4.87 2.99$3.14 2.99$3.14 600K and over 4.64$4.87 4.64$4.87 4.64$4.87 4.64$4.87 4.64$4.87

Potable Water Rates - Misc. Base Rate Per 1,000 gallons Frederick Elementary School $695.25 2.25$2.36 Frederick Middle/Senior High School $625.73 2.25$2.36 Frederick Softball Facility (CVRD) $40.63 2.25$2.36 Prairie Greens Subdivision $463.50 2.25$2.36 Bulk Potable for construction $0.00 13.27$13.93

Section 13.144 Service Charges for Administration & Maintenance Services

Equipment access-2nd occurrence: Increase fee from $40 to $50.

Section 13-144 Service Charges for Administrative and Maintenance Services Reinstate shut-off services - after normal business hours $60.00 Trip fee $25.00 Service work during normal hours, per hour ($20 minimum) $48.00 Service work after normal hours, per hour ($116 minimum) $58.00 Returned check fee $20.00 Late payment fee - the greater of: $5.00 or 1.5% of past due amount Opt-Out fee (Electric Meter) $7.50 Equipment access - 1st occurrence $25.00 Equipment access - 2nd occurrence 40$50.00

Section 13.209 Storm Water Capital Expansion Fee

To add clarity to the fee schedule for paired homes, the description of residential fees shall be revised. The change will include the language “attached and detached” to make clear that the residential fee is assessed of both attached and detached single family homes per unit.

Section 13-209 Storm Water Capital Expansion Fee Residential, single family unit (attached and detached) per lot $977.00 Multi-family, per square foot of building footprint, concrete, gravel, etc. $0.488 Commercial, per square foot of building footprint, concrete, gravel, etc. $0.488 Industrial, per square foot of building footprint, concrete, gravel, etc. $0.488

Chapter 18 - Building Regulations Section 18.1.70 Building Code Permit Fees

Road Impact Fees:

The road impact fee for Office, General currently have three different rates per 1,000 square feet for the same size of building. There is a typo in the current schedule listing all Office, General as <100,000. The first rate is correct, the second rate should be assessed for areas between 100,000 sf and 200,000 sf, and the third rate should be assessed for areas greater than 200,000 sf.

Road Impact Fee: Residential, Single Family Detached $4,000 Multi-Family, per dwelling $2,775 Mobile Home Park/Mfg. Housing Project, per site $4,000 Hotel/Motel, per room $894

Retail/Commercial (per 1,000 square feet) : Auto Sales $1,925.00 Auto Service/Repair/Tire Store $1,375.00 Bank $3,713.00 Building Materials/Hardware/Nursery $2,544.00 Convenience Store $5,775.00 Discount Store $2,475.00 Furniture Store $482.00 Movie Theater $3,713.00 Restaurant, Fast Food $5,500.00 Restaurant, Sit-Down $3,575.00 Shopping Center/ General Retail <1,000,000 square feet $2,544.00 Shopping Center/ General Retail <100,000 square feet $4,345.00 Shopping Center/ General Retail <500,000 square feet $3,025.00 Shopping Center/ General Retail 1,000,000+ square feet $2,228.00 Office/Institutional (per 1,000 square feet): Church/Synagogue $963.00 Day Care Center $990.00 Hospital $1,793.00 Nursing Home $550.00 Office, General < 100,000 square feet $1,719.00 Office, General 100,000-200,000 square feet $1,265.00 Office, General > 200,000 square feet $1,032.00 Office, Medical $3,782.00 School $275.00 Industrial (per 1,000 square feet): General Light Industrial $729.00 Mini-warehouse $509.00 Warehouse $509.00 Park Improvement Fee $2,400.00 General Capital Improvement Fee $1,500.00 Open Space Fee $500.00

Land Use Code – Article 1 Section 1.11 Fees

Concurrent Application Types: Language has been added in order to bring clarity to required deposit amounts when multiple applications are submitted and processed.

Land Use Code - Article 1 1.11 Fees Fee Deposit When any 3 or more application types are processed concurrently, the deposit will be $10,000. When any 2 application types are processed concurrently, the deposit required will be the higher of the two deposits. Annexation, Zoning and Concept Plan: Up to 1 acre $750.00 $5,000.00 1-10 acres $1,500.00 $5,000.00 More than 10 acres $2,500.00 $5,000.00

Oil/Gas Fees: To better align effort associated with zoning application fees.

Zoning: One zoning district change $750.00 $2,500.00 More than one zoning district change $1,000.00 $2,500.00 Special Use Oil and Gas Drilling and Production 3,500$5,000.00

Site Plan Amendments: To better align effort associated with amendments to site plans based upon square footage.

Site Plan (including amendments): Up to 25,000 sq. ft. $250.00 $2,500.00 More than 25,000 sq. ft. $500.00 $2,500.00 Site Plan Amendments: Up to 1,000 sq. ft. $250.00 $1,000.00 More than 1,000 sq. ft. $500.00 $1,500.00 Sign Design Program Alternative $150.00 $1,000.00 Street Name Change $200.00 $1,000.00 Subdivision Amendment $250.00 $1,000.00

Legal Comments:

The resolution was drafted by the Town Attorney.

Alternatives/Options:

The Board could choose not to adopt the fee schedule changes as presented or handle them individually and adopt them in a series of items if desired.

Financial Considerations:

A number of these changes help to insure the sustainability and accuracy of the town funds.

Staff Recommendation:

Staff recommends approval of the resolution as presented.

TOWN OF FREDERICK RESOLUTION NO. 20-R-79

A RESOLUTION OF THE TOWN OF FREDERICK, COLORADO, AMENDING FEES FOR MUNICIPAL SERVICES

WHEREAS, The Town of Frederick has adopted Ordinance No. 1161 which established a process for establishing certain municipal fees; and

WHEREAS, Ordinance No. 1161 directed the Town Clerk to prepare and publish by posting a listing of all such fees; and

WHEREAS, pursuant to the Ordinance No. 1161, the fee schedule is reviewed and updated periodically by resolution; and

NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FREDERICK, WELD COUNTY, COLORADO THAT:

Section 1. The Board of Trustees hereby amends the Fee Schedule with the changes noted on the attached Exhibit A

Section 2. Effective Date. This resolution and attached Exhibit A shall be become effective immediately upon adoption.

Section 3. Repealer. All resolutions, or parts thereof, in conflict with this resolution are hereby repealed, provided that such repealer shall not repeal the repealer clauses of such resolution nor revive any resolution thereby.

INTRODUCED, READ, PASSED, AND ADOPTED ON THIS 8TH DAY OF DECEMBER, 2020.

ATTEST; TOWN OF FREDERICK

______By______Meghan C. Martinez, CMC, Town Clerk Tracie Crites, Mayor

EXHIBIT A

Chapter 2 - Administration Section 2-78 Administrative Fees Schedule

Open Records Requests: Remove the Electronic Copies (per page) fee and raise the Research/Retrieval Services hourly rate to properly align with the state authorized fee of $33 per hour.

Block Party Fees: Add a $100 refundable barricade rental deposit if no damage is incurred to barricades.

Chapter 13 - Municipal Utilities Section 13.55.4 Procedures

Meter Installation Fees: The fee increase is in correlation to a projected 5-10% increase in meter and materials costs. Installer fees have also risen based upon average install times and meter programming. Chapter 13 - Municipal Utilities Section 13.55.4 Procedures Storage Cash-in-Lieu Fee for potable water dedications shall be paid per acre-foot of water dedicated to the Town without storage rights associated with the water share $2,500.00 Cash-in-Lieu Fee for Non-Potable Raw Water (per acre-foot) $34,000.00 Cash-in-Lieu Fee for Colorado-Big Thompson (1 unit CBT) $65,000.00

Non-Potable Meter Fees: Meter Size Meter Installation Fee 5/8" 986$1,018 3/4" 1,141$1,175 1" 1,676$1,724 1 1/2" 3,176$3,248 2" 4,686$4,782

Section 13.57 Meter Testing Accurate Meter Reading (at the discretion of the Town Manager) up to $100.00 Section 13.59 Interfering with or bypass of meters Obstructed meter charge 50$100.00

Section 13.74 Water Service Charges

Section 13.74 Water Service Charges Duplicate Utility Bill $2.00 Potable Water Rate Tables:

Section 13.144 Service Charges for Administration & Maintenance Services

Equipment access-2nd occurrence: Increase fee from $40 to $50.

Section 13.209 Storm Water Capital Expansion Fee

Chapter 18 - Building Regulations Section 18.1.70 Building Code Permit Fees

Road Impact Fees:

Road Impact Fee: Residential, Single Family Detached $4,000 Multi-Family, per dwelling $2,775 Mobile Home Park/Mfg. Housing Project, per site $4,000 Hotel/Motel, per room $894

Land Use Code – Article 1 Section 1.11 Fees

Concurrent Application Types: Language has been added in order to bring clarity to required deposit amounts when multiple applications are submitted and processed.

Oil/Gas Fees: To better align effort associated with zoning application fees.

Zoning: One zoning district change $750.00 $2,500.00 More than one zoning district change $1,000.00 $2,500.00 Special Use Oil and Gas Drilling and Production 3,500$5,000.00

Site Plan Amendments: To better align effort associated with amendments to site plans based upon square footage.

Legal Comments:

The resolution was drafted by the Town Attorney.

Alternatives/Options:

The Board could choose not to adopt the fee schedule changes as presented or handle them individually and adopt them in a series of items if desired.

Financial Considerations:

A number of these changes help to insure the sustainability and accuracy of the town funds.

Staff Recommendation:

Staff recommends approval of the resolution as presented.

TOWN OF FREDERICK Board of Trustees Action Memorandum

Tracie Crites, Mayor Dan March, Mayor Pro Tem Rusty O’Neal, Trustee Mark Lamach, Trustee Kevin Brown, Trustee Adam Mahan, Trustee Windi Padia, Trustee

A Resolution to Certify Tax Liens ______

Agenda Date: Town Board Meeting - December 8, 2020

Attachments: a. Resolution 20-R-80

Finance Review: Administrative Services Officer

Submitted by: Administrative Services Officer

Approved for Presentation: Town Manager

Quasi-Judicial Legislative Administrative

Summary Statement:

CRS 31–20–105 authorizes municipalities to collect all delinquent charges, assessments or taxes by certifying them to the county treasurer. Weld County Treasurer policies require a resolution or other Board reviewed document to be recorded with the Clerk and Recorder before special assessment liens are submitted.

Detail of Issue/Request:

The State of Colorado has empowered each County to collect delinquent charges, assessments or taxes for themselves and for municipalities. Each year, Weld County accepts a worksheet containing property addresses, property owner names, and outstanding amounts due from municipalities that wish to have the County Treasurer collect the past due amounts. The county then adds the delinquent charges, assessments or taxes along with a 10% fee for processing to the property tax bill associated with the outstanding debt.

Built on What Matters.

Municipalities take advantage of this opportunity and use it to collect a variety of outstanding debt owed to the City/Town for things such as utility bills, property abatements, special assessments, permits, etc. The Town of Frederick has used it in the past primarily for utility bill collection and for property abatement collections.

Weld County policy requires that all municipalities provide a resolution in order to certify liens each year. The Resolution attached was written in response to that policy.

Legal Comments:

Not applicable. The resolution has been reviewed and approved by the Town Attorney.

Alternatives/Options:

Do not adopt Resolution as presented. The Town would then need to write off the fees due to the Town at the expense of other citizens.

Financial Considerations:

Certifying special assessments to the County for collections increases our collection on past due accounts. This decreases our receivables and increases our cash flow.

Staff Recommendation:

Staff recommends adopting Resolution as presented.

TOWN OF FREDERICK, COLORADO RESOLUTION 20-R-80

A RESOLUTION OF THE TOWN OF FREDERICK, COLORADO, CERTIFYING VARIOUS LIENS TO THE WELD COUNTY TREASURER’S OFFICE FOR INCLUSION IN THE APPROPRIATE TAX BILL

WHEREAS, C.R.S. 31-15-401, empowers municipalities “To provide for and compel the removal of weeds, brush and rubbish of all kinds from lots and tracts of land within such municipalities and from the alleys behind and from the sidewalk areas in front of such property at such time, upon such notice, and in such a manner as such municipalities prescribe by ordinance, and to assess the whole cost thereof, including five percent for inspection and other incidental costs in connection therewith, upon the lots and tracts of land from which the weeds, brush and rubbish are removed.” “In case such assessment is not paid within a reasonable time specified by ordinance, it may be certified by the clerk to the county treasurer who shall collect the assessment, together with a ten percent penalty for cost of collection, in the same manner as other taxes are collected; and

WHEREAS, the Town of Frederick adopted Ordinances 809, 1088, and 1097 that address the rights of the Town to remove any weeds, brush or rubbish, as well as to hold the owner of that property responsible for the costs associated with the removal, up to and including placing a lien with the county treasurer; and

WHEREAS, C.R.S. 31-20-105, allows municipalities to “cause any or all delinquent charges, assessments, or taxes made or levied to be certified to the treasurer of the county and be collected and paid over by the treasurer of the county in the same manner as taxes are authorized.” if authorized to do so by ordinance; and

WHEREAS, Town of Frederick Ordinance 1157 complies with CRS 31-20–105 and is codified at the Frederick Municipal Code Chapter 4, Article II, Section 4–12; and

WHEREAS, the Town of Frederick adopted Ordinance 1114 that states that “The Town may consider any utility service fee a lien upon the respective lots or parcels of land of each customer from the time when due and a perpetual charge against such lots or parcels of land until paid; the Town may foreclose any lien imposed by this Chapter in accordance with the law. The Town may maintain an action in any court of competent jurisdiction for the amount of the charge due and any interest, costs and attorney’s fees as allowed by law. The Town may certify the amount of the charge due to the County Clerk and Treasurer, together with an assessment fee provided for by resolution, to become an assessment upon the property served and to be collected and paid over to the Town Treasurer in the same manner as taxes.”

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FREDERICK, COLORADO;

Section 1. The Board of Trustees certifies that the accounts submitted to the Weld County Treasurer are delinquent and should become an assessment on the property served together with any delinquent property abatement fees together and an additional 10% for costs of collection.

Section 2. The Finance Director is authorized to submit the data in any format requested by the Weld County Treasurer no later than November 30, 2020.

Section 3. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase or word of this resolution is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication shall not affect the remaining portions of the resolution which shall remain in full force and effect as if the portion so declared or adjudged invalid or unconstitutional were not originally a part of the resolution.

Section 4. Repealer. All laws, ordinances, resolutions, or parts of the same that are inconsistent with the provisions of this resolution, are hereby repealed to the extent of such inconsistency.

INTRODUCED, READ, PASSED, AND ADOPTED THIS 8th DAY OF DECEMBER, 2020.

TOWN OF FREDERICK

By______Tracie Crites, Mayor

ATTEST:

By Meghan C. Martinez, CMC, Town Clerk

TOWN OF FREDERICK Board of Trustees Action Memorandum

Tracie Crites, Mayor Dan March, Mayor Pro Tem Rusty ONeal, Trustee Mark Lamach, Trustee Kevin Brown, Trustee Adam Mahan, Trustee Windi Padia, Trustee

Consideration of Resolution for Inclusion into the Fire and Police Pension Associate Statewide Defined Benefit Retirement Plan ______

Agenda Date: Town Board Meeting - December 8, 2020

Attachments: a. Resolution 20-R-81

Finance Review: Finance Director

Submitted by: Todd Norris Chief of Police

Approved for Presentation: Town Manager

Quasi-Judicial Legislative Administrative

Summary Statement:

This is a Resolution to include the Town’s police officers in the Fire and Police Pension Association Statewide Defined Benefit Retirement Plan.

Detail of Issue/Request:

This Resolution will permit police officers with the Town of Frederick to participate in the Fire and Police Pension Association (FPPA) Statewide Defined Benefit Retirement Plan. Currently, police officers for the Town of Frederick participate in the Statewide Defined Benefit Plan for members affiliated with Social Security paying agencies. 2020 legislation now makes it possible for officers to move from the Social Security affiliated retirement plan to the full Statewide Defined Benefit plan. This change will provide a much better retirement plan for current and future officers which will allow the Town to recruit and retain the best employees to serve the community. Frederick will remain one of a hand-full of agencies that continues to pay into Social Security due to current federal law and decisions

Built on What Matters.

that were made by Frederick many years ago. Officers will begin coverage under the new plan on January 1, 2021.

Legal Comments:

Not Applicable

Alternatives/Options:

Other alternatives and options were researched and considered. Other options considered were to remain with the affiliated Social Security plan, other defined benefit plans and traditional retirement investment type plans. The FPPA Statewide Defined Benefit option was selected as the best and most competitive benefit among police agencies.

Financial Considerations:

For the 2020 budget, the Town contributed at a rate of 4% to an officer’s FPPA affiliated Social Security and an additional matching 2% to a 457 retirement account.

For the 2021 budget, under the recommended FPPA Statewide Defined Benefit Plan, the Town would contribute 8% with a mandatory increase of .05% each year until 2030, maxing out at 13%. Employee contributions are included in the rate implementation schedule included in the resolution.

Staff Recommendation:

The staff recommendation is to approve the Resolution and implement the FPPA Statewide Defined Benefit retirement program.

TOWN OF FREDERICK, COLORADO RESOLUTION NO. 20-R-81

A RESOLUTION OF THE TOWN OF FREDERICK, COLORADO, FOR INCLUSION OF TOWN OF FREDERICK POLICE OFFICERS IN THE FIRE AND POLICE PENSION ASSOCIATION DEFINED BENEFIT PLAN

WHEREAS, Town of Frederick covers its police officers under the federal Social Security Act; and

WHEREAS, the Town of Frederick currently covers its police officers under the statewide defined benefit plan – social security supplemental component, under § 31-31-704.6 C.R.S.; and

WHEREAS, the Town of Frederick neither covers its police officers under the statewide death and disability plan under §31-31-801 et seq., C.R.S, nor are they eligible for coverage under that plan; and

WHEREAS, pursuant to § 31-31-704.5 C.R.S., Town of Frederick desires to affiliate with the Fire and Police Pension Association for purposes of supplemental coverage under the statewide defined benefit plan under § 31-31-401 et seq., C.R.S., for its existing police officers and for those hired on or after the effective date, and the statewide defined benefit plan under § 31-31-401 et seq., C.R.S. and the statewide death and disability plan for those hired on or after the effective date under § 31-31-801 et seq., C.R.S.; and

NOW THEREFORE BE IT RESOLVED by the Town of Frederick that:

1. The Town of Frederick does hereby intend to cover its existing police officers and those hired on or after the effective date whose duties are directly involved with the provision of police protection under the statewide defined benefit plan under §31-31-401 et seq., C.R.S., and for those hired on or after the effective date, the statewide death and disability plan under §31-31-801 et seq., C.R.S.

2. The statewide defined benefit plan shall be funded by contributions as established in FPPA Rule 300. Contributions for the statewide defined benefit plan are as follows:

Statewide Defined Benefit Plan Contribution Rate Implementation Schedule Effective Member Employer Total Date Contribution Contribution Combined Contribution Rate Rate Rate Jan 1, 2020 11.0% 8.0% 19.0% Jan 1, 2021 11.5% 8.5% 20.0% Jan 1, 2022 12.0% 9.0% 21.0% Jan 1, 2023 12.0% 9.5% 21.5% Jan 1, 2024 12.0% 10.0% 22.0% Jan 1, 2025 12.0% 10.5% 22.5% Jan 1, 2026 12.0% 11.0% 23.0% Jan 1, 2027 12.0% 11.5% 23.5% Jan 1, 2028 12.0% 12.0% 24.0% Jan 1, 2029 12.0% 12.5% 24.5% Jan 1, 2030 12.0% 13.0% 25.0%

In addition to these contributions there is a continuing rate of contribution for this plan of 1.6% for future hires on or after the effective date without statewide death and disability coverage. This rate will not apply to the Town of Frederick because future hires will be enrolled for statewide death and disability coverage.

3. The Town of Frederick will be required to make the contributions to the statewide death and disability plan for future hires. The contribution rate effective January 1, 2021 is 3.0% of base salary.

4. Coverage shall become effective on January 4, 2021, assuming all necessary forms, procedures, election of the membership if required, and other relevant work is completed.

5. The Town of Frederick makes the following certifications:

a. All active police officers will participate in the FPPA plan chosen by the Town of Frederick. All future hires will participate in the FPPA plans chosen by the Town of Frederick.

b. The Town of Frederick acknowledges that the department’s election to participate in the FPPA plans is irrevocable.

c. The Town of Frederick agrees to participate in the FPPA plans as described herein and to be bound by the terms of the plans and the decisions and actions of the board with respect to the plans.

6. This affiliation resolution shall be revocable at any time prior to the filing of the Certification of Compliance. Upon filing of the Certification of Compliance with FPPA, the affiliation becomes irrevocable.

7. The Town of Frederick Town Clerk is directed to file a certified copy of this resolution with the Fire and Police Pension Association as soon as is practicable and the Town’s Human Resources Director is directed to take all other actions necessary to implement the coverage.

INTRODUCED, READ, PASSED, AND SIGNED December 8, 2020.

ATTEST: TOWN OF FREDERICK

By By Meghan C. Martinez, CMC, Town Clerk Tracie Crites, Mayor

TOWN OF FREDERICK Board of Trustees Action Memorandum

Tracie Crites, Mayor Dan March, Mayor Pro Tem Rusty ONeal, Trustee Mark Lamach, Trustee Kevin Brown, Trustee Adam Mahan, Trustee Windi Padia, Trustee

To Consider the Seventeenth Interim Agreement with the Northern Integrated Supply Project Water Activity Enterprise for Participation in the Northern Integrated Supply Project (NISP) ______

Agenda Date: Town Board Meeting - December 8, 2020

Attachments: a. Resolution 20-R-82 b. Seventeenth Interim Agreement with the Northern Integrated Supply Project Water Activity Enterprise. c. 2021 Financial Commitment Projection for NISP

Finance Review: Finance Manager

Submitted by: Kevin Ash Engineering Director

Approved for Presentation: Town Manager

Quasi-Judicial Legislative Administrative

Summary Statement: Approval of the attached Seventeenth Interim Agreement with the Northern Integrated Supply Project Water Activity Enterprise will would commit the Town to continuing its participation in the Northern Integrated Supply Project (NISP).

Detail of Issue/Request: NISP is a proposed water supply project being coordinated by the Northern Colorado Water Conservancy District (NCWCD) that would create 40,000 acre-feet of new water supplies to 15 water providers. This water is developed by constructing off-stream reservoirs to capture peak river flows without contributing to agricultural dry-up. Frederick is currently a participant in NISP in the amount of 2,600 shares which will yield 2,600 acre-feet of high quality water. On January 10, 2008, Frederick assumed Berthoud’s 1,300 share interest in NISP and on December 8, 2009, Frederick formalized the transfer of 1,300 shares of Central Weld County Water District’s (CWCWD) interest in NISP to the Town. Both of these actions

Built on What Matters.

were subject to the Fourth Interim Agreement with NCWCD. The Town Board has approved the Fifth through the Fifteenth Interim Agreements in subsequent years. The Thirteenth Interim Agreement approved on December 13, 2016 authorized the Town to participate in Phase 3A which consisted of a continuation of the permitting work with the U.S. Army Corp of Engineers, and Phase 5 which consisted of preliminary design and geotechnical work. The Fourteenth and Fifteenth Interim Agreement with NCWCD approved by the Board specified Frederick’s cost to continue to participate in Phase 3A, Phase 5, and Phase 6 for 2018 and 2019. The attached Seventeenth Interim Agreement specifies $949,000 for the cost to continue to participate in Phase 3A, Phase 5, Phase 6, and Phase 7 in 2021.

The Phase 3A work in 2021 will include a continuation of the permitting work associated with NISP. The work in 2021 will largely be efforts in support of the final 404 permit and Record of Decision, response to comments on the Final EIS, mitigation development, continuation of the Larimer County IGA process, and the presentation to the state of Colorado 401 Certification documents. Additionally, there will be work in support of the public information effort for NISP as well as overall Northern Water administration and legal support.

Phase 5 will include the Glade Phase III geotechnical investigation and embankment design and thirty percent design of the Highway 287 relocation, and Construction Management/General Contractors (CM/GC) will be selected for Glade Reservoir and Highway 287 and will assist in design development and cost estimating.

Phase 6 includes work on the NISP conveyance requirements, including evaluation of Participant flow requirements, pipeline sizing and root refinement, delivery system exchange potential, C-B T exchange potential, conveys cost estimating, and cost allocation methodology development. The South Platte Water Conservation Project negotiations will be advanced with the affected ditch companies and shareholder cooperative agreements will be developed. Land easement requirements will be more specifically identified, and time sensitive purchases made potentially be made. Mitigation plans will continue to be advanced and time sensitive mitigation activities may be pursued.

Phase 7 involves Project financial planning, Allotment contract development, and Legal defense of the Army Corps of Engineers 404 permit, the State of Colorado 401 Water Quality Certification, and the Larimer County 1041 Permit. The Windy Gap Project has had opposition which has caused the need for legal defense of the 404 permit. The same type of legal defense is very likely for the NISP project as well.

The Town’s Financial Plan will continue to be updated for the project as financing options and project cost change. The NISP participants will also participate in pre-construction financing for Land and Water Rights Acquisition. A mixture of cash, bonds and/or low-interest loans are expected to finance the total project, which is now estimated at $1.5 billion (including conveyance costs). It should be noted that half of the NISP water supplies are fully consumable.

Attached as EXHIBIT B is a chart representing Participant Yield and Costs for phases 3A, 5, 6, and 7.

Legal Comments:

The Agreement is similar to previous agreements that the Board has approved and all participants approve the same document subject to specific costs and entity names. The resolution was reviewed by the Town Attorney.

Alternatives/Options:

Not approve the attached agreement and search for other water supplies. The other current sources of high quality water identified by staff and consultants are CBT and Windy Gap. The current market price for CBT water is now between $55,000 and $65,000 per unit which is equivalent to about $92,000 per acre-foot. This is much higher than the projected $35,000 per acre-foot costs for NISP. There are limited supplies of Windy Gap and CBT available and NCWCD regulations may limit the Town’s ability to acquire large blocks of CBT in the future. It is staff’s opinion that NISP is the preferred option at this time.

Financial Considerations:

Water Funds are proposed in the Draft 2021 Budget for costs associated with continued participation in NISP.

Staff Recommendation:

Staff recommends that the Board approve the attached Resolution. TOWN OF FREDERICK, COLORADO RESOLUTION NO. 20-R-82

A RESOLUTION OF THE TOWN OF FREDERICK, COLORADO AUTHORIZING THE MAYOR TO EXECUTE THE SEVENTEETH INTERIM AGREEMENT WITH THE NORTHERN INTEGRATED SUPPLY PROJECT WATER ACTIVITIES ENTERPRISE (NISP)

WHEREAS, the Town has a substantial investment in NISP; and

WHEREAS, approval of this 17th Interim Agreement assures the Town of its ability to participate in Phase 3A, Phase 5, Phase 6, and Phase 7 of the Project.

NOW THEREFORE, BE IT RESOLVED by the Board of Trustees of the Town of Frederick, Colorado, that:

Section 1. The attached 17th Interim Agreement with the Northern Colorado Water Conservancy District is approved and the Mayor is authorized to execute it

Section 2. Effective Date. This resolution shall become effective immediately upon adoption.

INTRODUCED, READ, PASSED, AND ADOPTED THIS 8TH DAY OF DECEMBER, 2019.

ATTEST: TOWN OF FREDERICK

By By Meghan C. Martinez, CMC Tracie Crites, Mayor Town Clerk

SEVENTEENTH INTERIM AGREEMENT WITH THE NORTHERN INTEGRATED SUPPLY PROJECT WATER ACTIVITY ENTERPRISE, FOR PARTICIPATION IN THE NORTHERN INTEGRATED SUPPLY PROJECT

This Agreement is made and entered into as of ______, 2021, by and between the Northern Integrated Supply Project Water Activity Enterprise, a government-owned business within the meaning of Article X, § 20(2)(d) of the Colorado Constitution, organized pursuant to C.R.S. §§ 37-45.1-101 et seq., owned by the Northern Colorado Water Conservancy District, and whose address is 220 Water Avenue, Berthoud, Colorado 80513 (the "NISP Enterprise"), and Town of Frederick, whose address is P.O. Box 435, Frederick, CO 80530-0435 (“Participant”).

Recitals

A. The NISP Enterprise is developing a water project (the "Project") for the purpose of developing a new reliable water supply for the beneficial use of the Participant and other entities.

B. Overall Project costs will be divided among the entities that participate in the Project.

C. The First, Second, and Fourth Phases of the Project, and years one through six of the Third Phase, have been completed.

D. The Third Phase, Years 7 through 18 (hereinafter referred to as “Phase 3A”), will consist of further agency consultation, permitting with the U.S. Army Corps of Engineers and other agencies, compliance with the National Environmental Policy Act and other requirements for federal permitting, field work, and analysis for permitting, modeling, and other activities related to designing and permitting the Project.

E. The Fifth Phase of the Project consists of the Glade Reservoir geotechnical investigation and embankment design advancement, Glade Reservoir Construction Manager/General Contractor (CM/GC) design involvement, Highway 287 relocation thirty percent design and CM/GC design involvement, and completion of the Galeton Dam preliminary design.

F. The Sixth Phase involves continued NISP conveyance delivery refinement, South Platte Water Conservation Project negotiations, land and easement definition and potential purchase, and potential advancement of time-sensitive mitigation activities.

G. The Seventh Phase involves the development of a NISP Allotment Contract, financial project planning, legal defense of the Project permits, and overall project administration.

H. It is necessary that the NISP Enterprise pursue Phases 3A, 5, 6, and 7 of the Project at this time in order to be able to complete the Project on the time schedule desired by the participants.

J. Pursuing this Phases 3A, 5, 6, and 7 of the Project on behalf of the participants will require continued funding from the participants.

Agreement

1. The Participant agrees to participate in Phases 3A, 5, 6, and 7 of the Project, under and pursuant to the terms and conditions of this Agreement. The Participant acknowledges that it shares a common interest in development of the Project and that privileged material may be shared with the Participant from time to time. A description of Phase 3A, Phase 5, Phase 6, and Phase 7 is included in Exhibit A. Participation in these phases of the Project in no way obligates the Participant to participate in subsequent phases of the Project or to continue involvement in the Project in any manner.

2. For the purposes of cost allocation in Phase 3A, Phase 5, Phase 6, and Phase 7, the cost is based upon the Participant’s base requested capacity divided by the total requested base Project yield. The Participant’s initial base requested capacity in the Project is 2,600 acre-feet of water yield. Attached hereto as Exhibit B is a table showing the currently anticipated permitted capacity in the Project and the pro rata share of the costs of the Project for 2021 for each Participant. Exhibit B also shows the projected budgets and projected pro rata shares of the costs of the Project for 2022 and 2023 for each Participant. The costs covered by this Agreement shall be separate from costs covered by the NISP Phase I Agreement between the NISP Enterprise and the Participant. The Participant may request a reduction, but not an increase, in base requested capacity, which will be implemented by the NISP Enterprise so long as any increased costs of design, environmental studies, permitting or other matters are paid by the Participant pursuant to its pro-rata cost basis. If a reduction in the Participant’s base requested capacity is made, the formula for allocation of costs among the participants shall be changed accordingly so that all participants bear a pro rata share of the Phase 3A, Phase 5, Phase 6, and Phase 7 costs of the Project after the change based on their final base requested capacities. For purposes of the environmental analysis for the Project, the Participant’s permitted capacity in the Project is 2,600 acre-feet of water yield. In the event that the Participant’s base requested capacity is increased or decreased, the Participant’s permitted capacity shall be increased or decreased in the same percentage as the percentage increase or decrease of the base requested capacity.

3. The Participant agrees to provide to the NISP Enterprise funds for its pro rata share of the anticipated 2021 costs necessary for Phase 3A, Phase 5, Phase 6, and Phase 7 of the Project. The NISP Enterprise estimates that the Participant’s pro rata share of the costs of the Project is $949,000.00 for 2021. The Participant will pay the NISP Enterprise its pro rata share of these 2021 costs on or before January 15, 2021. The NISP Enterprise will invoice the Participant for this payment. These estimated costs will not be increased or exceeded without the prior written approval of the Participant. Participant funds that are not expended during Phase 3A, Phase 5, Phase 6, and Phase 7 will be rebated back to each participant pro rata based on each participant’s contribution of funds to the Project in Phase 3A, Phase 5, Phase 6, and Phase 7.

4. In the event that the Participant fails to make the payment set forth above at the specified time, the NISP Enterprise shall have the right to terminate this Agreement and cease all work on the Project for the benefit of the Participant. The NISP Enterprise shall give the Participant thirty (30) days' advance written notice of its intention to terminate this Agreement and cease work on the Project for the Participant's benefit under this paragraph. The Participant shall have until the end of said 30-day period in which to make all past due payments in full in order to cure its default hereunder. The Participant shall in any event be responsible for its pro rata share of the 2021 costs of Phase 3A, Phase 5, Phase 6, and Phase 7 of the Project actually incurred by the NISP Enterprise up to the date of termination of this Agreement.

5. The NISP Enterprise agrees to diligently pursue Phase 3A, Phase 5, Phase 6, and Phase 7 of the Project in good faith to the extent that funds therefor are provided by the Participant under this Agreement and by other participants under similar agreements. By entering into this Agreement and accepting payments from the Participant, the NISP Enterprise does not obligate itself to, nor does the NISP Enterprise warrant that it will, proceed with the Project beyond Phase 7 or that it will construct or operate the Project. At the end of the Sixth Phase, the NISP Enterprise will determine after consultation with the participants whether to proceed with the Project. The NISP Enterprise agrees that, if the participants provide all required funding, if the NISP Enterprise has the ability, and if the Project is feasible and practical, it will pursue the construction and operation of the Project if requested to do so by a sufficient number of participants to fully fund the Project. In the event that the NISP Enterprise decides not to proceed with the Project, it will so notify the Participant and this Agreement will immediately and automatically terminate upon the giving of such notice.

6. In the event of termination of the Project, the Participant shall not be entitled to any return of funds paid to the NISP Enterprise for the Project, unless payments by participants exceed the NISP Enterprise's costs, in which case a pro rata refund will be made. In the event of such termination, the Participant shall be entitled to receive copies of any work products developed by the NISP Enterprise or its consultants on behalf of the Participant, and NISP Enterprise Board shall, in its sole discretion: (i) convey to the Participant, as a tenant in common with all other participants who have not been terminated under paragraph 4 above, a pro rata interest in all real and personal property acquired by the NISP Enterprise for the Project with funds provided under this Agreement or similar agreements with other participants; or (ii) disburse to the Participants the proceeds of any sale of assets in proportion to each Participant’s Cost Share.

7. The Participant shall have the right to assign this Agreement and the Participant's rights hereunder, with the written consent of the NISP Enterprise, which consent shall not be unreasonably withheld, to any person or entity that is eligible to receive water deliverable through the Project and that is financially able to perform this Agreement.

8. In the event that this Agreement is terminated for any reason, the Participant shall not be entitled to any return of any funds paid to the NISP Enterprise for the Project, and the 3

NISP Enterprise shall have no further obligations to the Participant, except as provided in Paragraphs 3 and 6 above for those participants who have not been terminated under Paragraph 4 above.

9. Notwithstanding any other provision of this Agreement to the contrary, the Participant’s maximum financial obligation under this Agreement shall be the payment of $949,000.00 set forth in paragraph 3 above. The Participant shall have the right to terminate this Agreement at any time. In the event of such termination, each of the parties hereto shall be immediately released from all obligations recited herein as if this Agreement had not been entered into, except that the Participant shall be entitled to a return of funds paid to the NISP Enterprise as provided in paragraph 8 above.

10. In the event that additional costs must be incurred for Phase 3A, Phase 5, Phase 6, and Phase 7 in 2021, the parties may amend this Agreement in writing to provide for further payment by the Participant of the costs for 2021. However, the Participant is not obligated under this Agreement to pay any costs for Phase 3A, Phase 5, Phase 6, and Phase 7 beyond the costs stated in paragraph 3 above.

11. This Agreement shall be interpreted under the laws of the State of Colorado. Venue for any disputes concerning this Agreement shall be in the Weld County, Colorado, District Court.

12. Nothing in this Agreement shall be construed to waive the protections and immunities afforded the NISP Enterprise and the Participant under the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq., and any similar or successor statutes of the State of Colorado.

13. Except for the obligation to pay money, neither party shall be liable to the other party for any delay or inability to perform its obligations hereunder by reason of acts of God, acts of the public enemy, riot, civil commotion, insurrection, acts or failure to act of governmental authorities, war, pandemic, or any other cause or causes beyond the party's reasonable control.

11. This Agreement is the entire agreement between the NISP Enterprise and the Participant regarding participation in Phase 3A, Phase 5, Phase 6, and Phase 7 of the Project and shall be modified by the parties only by a duly executed written instrument approved by the Participant and the NISP Enterprise's Board of Directors.

12. This Agreement is subject to approval by the NISP Enterprise's Board of Directors and shall become binding on the NISP Enterprise only upon such approval.

The Northern Integrated Supply Project Water Activity Enterprise

By:______Name: Bradley D. Wind Title: General Manager

Town of Frederick

By:______Name:______Title:______

EXHIBIT A DESCRIPTION OF PHASE 3A, PHASE 5, PHASE 6, and PHASE 7 NORTHERN INTEGRATED SUPPLY PROJECT

Phase 3A consists of a continuation of the permitting work associated with NISP. The work in 2021 will largely be remaining efforts in support of the final 404 permit and Record of Decision, response to comments on the Final EIS, mitigation development, and continuation of the Larimer County IGA process. Additionally, there will be work in support of the public information effort for NISP as well as overall Northern Water administration and legal support.

Phase 5 will consist of the Glade geotechnical investigation and embankment design advancement and Highway 287 relocation thirty percent design. Additionally, Construction Management/General Contractors (CM/GC) will be selected for Glade Reservoir and Highway 287 and will assist in design development and cost estimating.

Phase 6 involves the following additional 2021 activities:

• NISP conveyance will continue to be refined including evaluation of Participant flow requirements, pipeline sizing and route refinement, delivery system exchange potential, C-BT exchange potential, conveyance cost estimating, and cost allocation methodology development. • South Platte Water Conservation Project negotiations will be advanced with the affected ditch companies and shareholder cooperative agreements will be developed. • Land and easement requirements will be more specifically identified. • Mitigation plans will continue to be advanced and time sensitive mitigation activities may be pursued.

Phase 7 involves the following 2021 activities: • Project financial planning • Allotment contract development • Legal defense of the Army Corps of Engineers 404 permit, the State of Colorado 401 Water Quality Certification, and the Larimer County 1041 Permit.

EXHIBIT B PARTICIPANT YIELD AND COSTS PHASE 3A, PHASE 5, PHASE 6, and PHASE 7

Northern Integrated Supply Project Rev. 2.1 11/18/2020 Year 2021-2023 Preliminary Preconstruction Budget Assumes Construction Starting in Oct. 2023

Item 2021 2022 2023 Glade Design Activities $ 3,600,000 $ 6,100,000 $ 4,700,000 Glade CMGC Design Support $ 1,400,000 $ 4,900,000 $ 300,000 HW 287 Design Activities $ 1,000,000 $ 1,000,000 $ 1,000,000 NISP Delivery Refinement $ 1,000,000 $ 1,700,000 $ 1,800,000 River Intake Predesign and Design $ 300,000 $ 300,000 $ 400,000 Program Management $ 300,000 $ 600,000 $ 600,000 Environment&Mitigation $ 2,500,000 $ 2,800,000 $ 2,000,000 Financing Consultant $ - $ 100,000 $ 100,000 WQ Sample Testing $ 200,000 $ 200,000 $ 200,000 Northern Water $ 1,600,000 $ 1,700,000 $ 1,800,000 Legal $ 400,000 $ 400,000 $ 400,000 Communications $ 100,000 $ 100,000 $ 100,000 ROW-Land Appraisal/Title/Survey $ 200,000 $ 200,000 $ 200,000 Pipeline Easements $ 500,000 $ 500,000 $ 500,000 SPWCP Negotiations $ 200,000 $ 200,000 $ 200,000 Contingency/Other (10%) $ 1,300,000 $ 2,100,000 $ 1,400,000 Total $ 14,600,000 $ 22,900,000 $ 15,700,000

Project Yield Percent of 2021 2022 2023 Participant (Acre-ft) Project Budget Budget Budget Central Weld Co. W.D. 3,500 8.75% $ 1,277,500 $ 2,003,750 $ 1,373,750 Dacono 1,250 3.13% $ 456,250 $ 715,625 $ 490,625 Firestone 1,300 3.25% $ 474,500 $ 744,250 $ 510,250 Frederick 2,600 6.50% $ 949,000 $ 1,488,500 $ 1,020,500 Eaton 1,300 3.25% $ 474,500 $ 744,250 $ 510,250 Erie 6,500 16.25% $ 2,372,500 $ 3,721,250 $ 2,551,250 Evans 1,200 3.00% $ 438,000 $ 687,000 $ 471,000 Fort Collins-Loveland. W.D. 3,400 8.50% $ 1,241,000 $ 1,946,500 $ 1,334,500 Fort Lupton 2,050 5.13% $ 748,250 $ 1,173,625 $ 804,625 Fort Morgan 3,600 9.00% $ 1,314,000 $ 2,061,000 $ 1,413,000 Lafayette 1,800 4.50% $ 657,000 $ 1,030,500 $ 706,500 Lefthand W.D. 4,900 12.25% $ 1,788,500 $ 2,805,250 $ 1,923,250 Morgan County Q.W.D. 1,300 3.25% $ 474,500 $ 744,250 $ 510,250 Severance 2,000 5.00% $ 730,000 $ 1,145,000 $ 785,000 Windsor 3,300 8.25% $ 1,204,500 $ 1,889,250 $ 1,295,250 Total 40,000 100.00% $ 14,600,000 $ 22,900,000 $ 15,700,000

TOWN OF FREDERICK Board of Trustees Action Memorandum

Tracie Crites, Mayor Dan March, Mayor Pro Tem Rusty ONeal, Trustee Mark Lamach, Trustee Kevin Brown, Trustee Adam Mahan, Trustee Windi Padia, Trustee

CONSIDERATION OF THE HEPP FARM REZONE ______

Agenda Date: Town Board Meeting - December 8th, 2020

Attachments: a. Zoning Map b. PCR-2020-17A

Finance Review: Finance Director

Submitted by: Maureen Welsh Planner I

Approved for Presentation: Town Manager

Quasi-Judicial Legislative Administrative

Summary Statement:

This is a request to consider the zoning of 76.86 acres. The proposed zoning is Residential Estate (R-E).

Detail of Issue/Request:

Applicant: Merle Hoos, American West Land Surveying Co

Owner: Sarah Gooch and Brent Gooch

Location and Zoning: The property is located at 9751 Silver Birch Boulevard. Located as Lot A Hepp Farm in the southeast quarter of Section 14, Township 2 North, Range 68 West of the 6th P.M.

Surrounding Land Uses and Zoning:

Built on What Matters.

North Land use: Agricultural and Residential Zoning: Agriculture (Firestone) and Agricultural (Weld County) South Land use: Agricultural Zoning: PUD Overlay West Land use: Del Camino South Industrial Park Zoning: Industrial (I) and PUD Overlay East Land use: Vacant (Johnson Farm Annexation) and Johnson Farm Subdivision Zoning: PUD Overlay and Residential Low Density (R-1)

Vicinity Map with Zoning:

Background Information:

Hepp Farm was originally zoned as To Be Determined with a PUD Overlay while strictly following the Town’s Land Use Code. Hepp Farm was subdivided into Lot A and Lot B in 2014. The current property owners, Brent and Sarah Gooch, purchased Lot A of Hepp Farm with the intent to split the lot into two parcels, Lot 1 and Lot 2, and eventually build their future home on the southmost lot. The Gooch’s

subdivision amendment application has been approved administratively and is in the process of being legally recorded.

By zoning Hepp Farm as Residential Estate, it accommodates both agricultural land uses and large-lot single-family developments, which contribute to the rural character of the Town. Therefore, this request complies with the Town’s Comprehensive Plan which designates the property Single Family Detached and Parks/Open Space.

Request:

This is a request to consider the zoning of approximately 76.86 acres of land as Residential Estate (R-E) to accommodate agricultural and low-density residential land uses. This request will satisfy the Comprehensive Plan’s Growth and Development goal and objective of utilizing the Land Use Plan to align zoning regulations and apply zoning designations to unzoned parcels within Frederick.

Review Criteria:

The assignment of zoning is subject to review against the following criteria. Only one of the following criteria must be met for the proposed zoning to be approved:

(1) To correct a manifest error in an ordinance establishing the zoning for a specific property;

(2) To rezone an area or extend the boundary of an existing district because of changed or changing conditions in a particular area or in the Town generally;

(3) The land to be rezoned was zoned in error and as presently zoned is inconsistent with the policies and goals of the Comprehensive Plan;

(4) The proposed rezoning is necessary to provide land for a community-related use that was not anticipated at the time of the adoption of the Comprehensive Plan, and the rezoning will be consistent with the policies and goals of the Comprehensive Plan;

(5) The area requested for rezoning has changed or is changing to such a degree that it is in the public interest to encourage development or redevelopment of the area; or

(6) A rezoning to Planned Unit Development overlay district is requested to encourage innovative and creative design and to promote a mix of land uses in the development.

Staff Comment: Review Criteria 1 and 3 are met. This parcel is not currently zoned which is inconsistent with the policies and goals of the Comprehensive Plan. By zoning this property Residential Estate, it will comply with the Town’s Comprehensive Plan.

Public Notice:

This project was properly noticed according to the requirements of Section 4.5 of the Frederick Land Use Code.

Legal Comments:

The application has been reviewed by the Town Attorney, whose comments have been incorporated accordingly.

Planning Commission:

A Planning Commission meeting was held on November 19, 2020. At the meeting, the members of the Planning Commission reviewed the proposal and found the project to be acceptable to move forward to hearing by the Board of Trustees. The Planning Commission recommended approval without conditions by approving PCR-2020-17A with a vote of 5-0.

Alternatives/Options:

The Board of Trustees may approve the request, deny the request, or approve of the request with conditions.

Financial Considerations:

Not applicable

Staff Recommendation:

Staff requests that the Board of Trustees approve the resolution and ordinance as presented.

1 PCR-2020-17A 2 A Resolution of the Planning Commission 3 Recommending Approval of Hepp Farm ReZone 4 5 Be it resolved by the Planning Commission of the Town of Frederick, Colorado: 6 7 Section 1. The Frederick Planning Commission finds that: 8 1.1 An application for the Hepp Farm ReZone has been submitted. 9 1.2 Said application was found to be complete through the review process. 10 1.3 Said application was considered during a public hearing held November 19, 2020. 11 1.4 Proper notice was given according to Section 4.5 of the Frederick Land Use Code. 12 1.5 Said application conforms with the applicable requirements of Section 4.9.2 of the 13 Frederick Land Use Code. 14 Section 2. This resolution constitutes the written report, findings and decision of the Town 15 of Frederick Planning Commission. 16 Section 3. On the basis of the above, the Town of Frederick Planning Commission 17 recommends approval of the application. 18 19 This resolution approved this 19th day of November, 2020 by a vote of 5 to 0 . 20 21 ______22 Tracy Moe, Chairperson, Planning Commission 23 24 25 26 27 28 29 PCR-2020-17A 30

TOWN OF FREDERICK, COLORADO RESOLUTION NO. 20-R-84-A

A RESOLUTION OF THE TOWN OF FREDERICK, COLORADO, REGARDING THE REZONING OF PROPERTY COMMONLY KNOWN AS THE “LOT A HEPP FARM”, ADOPTING CERTAIN FINDINGS OF FACT AND CONCLUSIONS FAVORABLE TO THE REZONING.

WHEREAS, the Board of Trustees of the Town of Frederick, Colorado, held a public hearing on December 8, 2020, pursuant to the published notice, on the application of Hepp Farm ReZone for the rezoning of the following real property (“Subject Property”); to wit:

See attached Exhibit A.

WHEREAS, the Subject Property is currently zoned with a PUD overlay that does not have underlying zoning; and

WHEREAS, the applicant has requested rezoning of the Subject Property to R-E, Residential Estate District, Large Lot with Common Open Space;

WHEREAS, Section 4.7.2.d. of the Town of Frederick Land Use Code establishes standards are criteria for evaluating a request for rezoning.

BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FREDERICK, COLORADO, AS FOLLOWS:

Section 1. Findings of Fact.

a. The proposed rezoning will correct a manifest error in an ordinance establishing the zoning for the Subject Property, as the current zoning of the Subject Property is PUD without an underlying zoning district.

b. The proposed rezoning will correct zoning that was applied in error, and that is currently inconsistent with the policies and goals of the 2015 Comprehensive Plan.

c. The proposed rezoning is consistent with the 2015 Comprehensive Plan, duly adopted by the Planning Commission of the Town of Frederick.

d. The amendment of the official zoning map to provide for the initial zoning of the Subject Property is necessary in order to address the changed conditions resulting from the annexation of the Subject Property into the Town of Frederick.

Section 2. Conclusions Regarding the Rezoning.

a. The Subject Property should be rezoned to R-E, Residential Estate District, Large Lot with Common Open Space.

Section 3. Effective Date. This resolution shall become effective immediately upon adoption.

INTRODUCED, READ, PASSED AND ADOPTED THIS 8th DAY OF DECEMBER, 2020.

ATTEST: TOWN OF FREDERICK

By By Meghan Martinez, CMC, Town Clerk Tracie Crites, Mayor

EXHIBIT A

COMMENCINT AT THE SOUTH ¼ CORNER OF SAID SECTION 14; THENCE N00°07’.25”W ALONG THE WEST LINE OF SAID SE ¼, 1348.83 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONITNUING ALONG SAID WEST LINE N00°07’25”W, 1307.21 FEET TO A POINT ON THE NORTH LINE OF SAID SE1/4; THENCE LEAVING SAID WEST LINE AND ALONG SAID NORTH LINE N89°54’58”E, 2575.11 FEET TO A POINT 690.00 FEET WEST LOF THE EAST LINE OF SAID SE ¼; THENCE S00°27’15”E ALONG A LINE PARALLEL WITH AND 60.00 FEET WEST OF SAID EAST LINE, 1289.19 FEET; THENCE LEAVING SAID EAST PARALLEL LINE S89°30’57”W, 2582.60 FEET; TO THE TRU POINT OF BEGINNING, SAID PARCEL OF LAND CONTAINING 3,347,831.188 SQUARE FEET OR 76.856 ACRES MORE OR LESS.

TOWN OF FREDERICK, COLORADO RESOLUTION NO. 20-R-84-B

A RESOLUTION OF THE TOWN OF FREDERICK, COLORADO, REGARDING THE REZONING OF PROPERTY COMMONLY KNOWN AS THE “LOT A HEPP FARM”, ADOPTING CERTAIN FINDINGS OF FACT AND CONCLUSIONS UNFAVORABLE TO THE REZONING.

See attached Exhibit A.

WHEREAS, the Subject Property is currently zoned with a PUD overlay that does not have underlying zoning; and

WHEREAS, the applicant has requested rezoning of the Subject Property to R-E, Residential Estate District, Large Lot with Common Open Space;

WHEREAS, Section 4.7.2.d. of the Town of Frederick Land Use Code establishes standards are criteria for evaluating a request for rezoning.

BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FREDERICK, COLORADO, AS FOLLOWS:

Section 1. Findings of Fact.

a. The proposed rezoning does not meet any of the criteria for rezoning set out in Section 4.7.2.d. of the Town of Frederick Land Use Code.

b. The proposed rezoning is not consistent with the 2015 Comprehensive Plan, duly adopted by the Planning Commission of the Town of Frederick.

Section 2. Conclusions Regarding the Hepp Initial Zoning.

a. The proposed rezoning of the Subject Property should be denied.

Section 3. Effective Date. This resolution shall become effective immediately upon adoption.

INTRODUCED, READ, PASSED AND ADOPTED THIS 8th DAY OF DECEMBER, 2020.

ATTEST: TOWN OF FREDERICK

By By Meghan Martinez, CMC, Town Clerk Tracie Crites, Mayor

EXHIBIT A

TOWN OF FREDERICK, COLORADO RESOLUTION NO. 20-R-84-C

See attached Exhibit A.

WHEREAS, the Subject Property is currently zoned with a PUD overlay that does not have underlying zoning; and

WHEREAS, the applicant has requested rezoning of the Subject Property to R-E, Residential Estate District, Large Lot with Common Open Space;

WHEREAS, Section 4.7.2.d. of the Town of Frederick Land Use Code establishes standards are criteria for evaluating a request for rezoning.

BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FREDERICK, COLORADO, AS FOLLOWS:

Section 1. Findings of Fact.

b. The proposed rezoning will correct zoning that was applied in error, and that is currently inconsistent with the policies and goals of the 2015 Comprehensive Plan.

c. The proposed rezoning is consistent with the 2015 Comprehensive Plan, duly adopted by the Planning Commission of the Town of Frederick.

Section 2. Conclusions Regarding the Rezoning.

a. The Subject Property should be rezoned to R-E, Residential Estate District, Large Lot with Common Open Space.

Section 3. Conditions of Approval of the Rezoning. The following additional conditions for the approval of the initial zoning shall be included in the Ordinance zoning the Subject Property:

a. Condition 1

b. Condition 2

c. Condition 3

d. Condition 4

Section 4. Effective Date. This resolution shall become effective immediately upon adoption.

INTRODUCED, READ, PASSED AND ADOPTED THIS 8th DAY OF DECEMBER, 2020.

ATTEST: TOWN OF FREDERICK

By By Meghan Martinez, CMC, Town Clerk Tracie Crites, Mayor

EXHIBIT A

TOWN OF FREDERICK, COLORADO ORDINANCE NO. 1347A

AN ORDINANCE OF THE TOWN OF FREDERICK, COLORADO REZONING THE PROPERTY KNOWN AS THE “LOT A HEPP FARM.”

WHEREAS, the Board of Trustees of the Town of Frederick, Colorado, held a public hearing on December 8, 2020, pursuant to the published notice, on the application of Hepp Farm ReZone, for the rezoning of the following real property (“Subject Property”); to wit:

See attached Exhibit A.

WHEREAS, the Subject Property is currently zoned with a PUD overlay that does not have underlying zoning; and

WHEREAS, the applicant has requested rezoning of the Subject Property to R-E, Residential Estate District, Large Lot with Common Open Space;

WHEREAS, Section 4.7.2.d. of the Town of Frederick Land Use Code establishes standards are criteria for evaluating a request for rezoning; and

WHEREAS, it has been determined by the Board of Trustees that it is desirable and necessary that the designated zoning for the Subject Property be R-E, Residential Estate District, Large Lot with Common Open Space.

BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FREDERICK, WELD COUNTY, COLORADO, AS FOLLOWS:

Section 1. Rezoning. The zoning for the Subject Property is hereby redesignated “R- E, Residential Estate District, Large Lot with Common Open Space.” All activities conducted on the Subject Property shall be in conformance with the Land Use Code for the Town of Frederick, as amended from time to time, as though the same were set forth in full.

Section 2. Official Zoning Map. The Official Zoning Map of the Town of Frederick (“Official Zoning Map”) as adopted pursuant to the Frederick Land Use Code, and as subsequently amended, shall be amended by the designation of the Subject Property as “R-E, Residential Estate District, Large Lot with Common Open Space,” as depicted on the map attached hereto as Exhibit B.

Section 3. Ministerial Action. The Mayor and Town Clerk are authorized and directed to complete all the necessary procedures required to cause an appropriate revision of the Official Zoning Map, to be prepared and placed in the official records of the Town.

Section 4. Effective Date. This ordinance shall become effective concurrently with Ordinance No. _____, which annexed the Subject Property into the Town of Frederick.

Section 5. Validity. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining sections of the Ordinance. The Board of Trustees hereby declares that it would have passed the ordinance including each part, section, subsection, sentence, clause or phrase thereof, irrespective of the fact that one or more parts, sections, subsections, sentence, clauses or phrases be declared invalid.

Section 6. Necessity. The Board of Trustees of the Town of Frederick finds that this ordinance is necessary for the immediate preservation and protection of the health, safety, welfare and property of the inhabitants and owners of property in the Town of Frederick.

Section 7. Certification. The Town Clerk shall certify to the passage of this ordinance and make not less than one copy of the adopted Code available for inspection by the public during regular business hours.

INTRODUCED, READ, PASSED, ADOPTED AND ORDERED PUBLISHED THIS 8th DAY DECEMBER, 2020.

ATTEST: TOWN OF FREDERICK

By By Meghan Martinez, CMC, Town Clerk Tracie Crites, Mayor

EXHIBIT A

TOWN OF FREDERICK, COLORADO ORDINANCE NO. 1347C

AN ORDINANCE OF THE TOWN OF FREDERICK, COLORADO REZONING THE PROPERTY KNOWN AS THE “LOT A HEPP FARM,” SUBJECT TO CONDITIONS.

WHEREAS, the Board of Trustees of the Town of Frederick, Colorado, held a public hearing on December 8, 2020, pursuant to the published notice, on the application of Hepp Farm ReZone, for the rezoning of the following real property (“Subject Property”); to wit:

See attached Exhibit A.

WHEREAS, the Subject Property is currently zoned with a PUD overlay that does not have underlying zoning; and

WHEREAS, the applicant has requested rezoning of the Subject Property to R-E, Residential Estate District, Large Lot with Common Open Space;

WHEREAS, Section 4.7.2.d. of the Town of Frederick Land Use Code establishes standards are criteria for evaluating a request for rezoning; and

BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FREDERICK, WELD COUNTY, COLORADO, AS FOLLOWS:

Section 1. Initial Zoning. The zoning for the Subject Property is hereby designated “R-E, Residential Estate District, Large Lot with Common Open Space.” All activities conducted on the Subject Property shall be in conformance with the Land Use Code for the Town of Frederick, as amended from time to time, as though the same were set forth in full.

Section 3. Conditions of Approval of the Hepp Initial Zoning. The initial zoning of the Subject Property is subject to the Conditions of Approval of the Hepp Initial Zoning that are set out in Section 3 of Resolution _____, attached hereto as Exhibit C and incorporated herein by this reference.

Section 4. Ministerial Action. The Mayor and Town Clerk are authorized and directed to complete all the necessary procedures required to cause an appropriate revision of the Official Zoning Map, to be prepared and placed in the official records of the Town.

Section 5. Effective Date. This ordinance shall become effective concurrently with Ordinance No. _____, which annexed the Subject Property into the Town of Frederick.

Section 6. Validity. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining sections of the Ordinance. The Board of Trustees hereby declares that it would have passed the ordinance including each part, section, subsection, sentence, clause or phrase thereof, irrespective of the fact that one or more parts, sections, subsections, sentence, clauses or phrases be declared invalid.

Section 7. Necessity. The Board of Trustees of the Town of Frederick finds that this ordinance is necessary for the immediate preservation and protection of the health, safety, welfare and property of the inhabitants and owners of property in the Town of Frederick.

Section 8. Certification. The Town Clerk shall certify to the passage of this ordinance and make not less than one copy of the adopted Code available for inspection by the public during regular business hours.

INTRODUCED, READ, PASSED, ADOPTED AND ORDERED PUBLISHED THIS 8th DAY DECEMBER, 2020.

ATTEST: TOWN OF FREDERICK

By By Meghan Martinez, CMC, Town Clerk Tracie Crites, Mayor

EXHIBIT A

TOWN OF FREDERICK Board of Trustees Action Memorandum

Tracie Crites, Mayor Dan March, Mayor Pro Tem Rusty ONeal, Trustee Mark Lamach, Trustee Kevin Brown, Trustee Adam Mahan, Trustee Windi Padia, Trustee

CONSIDERATION OF DEAN ANNEXATION AND ZONING ______

Agenda Date: Town Board Meeting - December 8th, 2020

Attachments: a. Proposed Dean Annexation and Zoning Map b. Annexation Agreement c. PCR-2020-A

Finance Review: Finance Director

Submitted by: Maureen Welsh Planner I

Approved for Presentation: Town Manager

Quasi-Judicial Legislative Administrative

Summary Statement:

This is a request to consider the annexation of a 0.34 acre property into the Town from Weld County. The requested zoning for this property is Residential Low Density (R-1).

Detail of Issue/Request:

Applicant: Anne Dean and Jeffrey Dean

Owner: Anne Dean and Jeffrey Dean

Location and Zoning: The property is located at 6827 Aggregate Boulevard, approximately 1/3 mile north of State Highway 52. The property is proposed to be zoned R-1 (Residential Low-Density District).

Surrounding Land Uses and Zoning:

Built on What Matters.

North Land use: Unplatted, proposed Wyndham Hill Filing 10 Zoning: R-1 (Residential Low Density) with PUD Overlay South Land use: Unplatted, proposed Wyndham Hill Filing 10 Zoning: R-1 (Residential Low Density) with PUD Overlay West Land use: Unplatted, proposed Wyndham Hill Filing 10 Zoning: R-1 (Residential Low Density) with PUD Overlay East Land use: Single Family Residential Zoning: Agricultural (Weld County)

Vicinity Map with Zoning:

Background Information:

This property is located along the west side of Aggregate Boulevard just north of Grand View Elementary school and sits on approximately 0.34 acres.

Currently, there is a single-family dwelling on the lot, along with a 1,000 square foot barn. The historical home was built in 1899 and is in the process of being completely renovated. The proposed

zoning of Residential Low Density will allow the residential land use of this lot to continue as well as further the intent of the Comprehensive Plan.

On October 13th, 2020, the Town Board of Trustees considered the annexation application with respect to its “substantial compliance” with Colorado State Statute. The Board determined that the application was sufficient to be considered by Planning Commission before being presented to the Board for final consideration.

Request:

This is a request to annex and zone .034 acres into the Town of Frederick. The property has contiguity with existing Town boundaries on the west, north, and east sides as shown in the vicinity map above. The requested zoning is Residential Low Density in compliance with the Comprehensive Plan.

Annexation Review Criteria:

The Town of Frederick Land Use Code Section 13.5.6.a sets forth the following review criteria for the proposed annexation.

1. The proposed annexation is consistent with the policies and goals of the Town’s adopted Comprehensive Plan; 2. The proposed annexation promotes geographical balance of the Town’s land use pattern; 3. Adequate service are, or will be, available to support the development expected to result from the proposed annexation; 4. The proposed annexation provides for a continual and rational boundary; and 5. The proposed annexation is needed to accommodate future land use requirements.

Staff Comment: Criteria 1) The proposed annexation and zoning assignment is consistent with the 2015 Comprehensive Plan. The land use designation for the property is Residential Low Density which directly correlates to the proposal. Criteria 2) The 2015 Comprehensive Plan identifies the intended future land use of this property to be Single Family Detached. The property is proposed to be zoned as such and will match its surrounding properties’ residential land uses. Criteria 3) This property is already connected to Left Hand Water, Black Hills Energy and United Power. The lot currently has a septic system which passed inspection through Sullivan Septic in January of 2020. Criteria 4) The boundaries of the proposed annexation are entirely within the Town of Frederick’s Planning Area and are contiguous on three sides with the existing Town boundaries. Criteria 5) The 2015 Comprehensive Plan identifies the property in the Future Land Use Map as Single Family Detached. The property is currently used for low density residential and will remain as such to satisfy the Comprehensive Plan.

Zoning Review Criteria:

The Town of Frederick Land Use Code Section 4.7.2.d sets forth the following review criteria for the proposed zoning.

The assignment of zoning is subject to review against the following criteria. Only one of the following criteria must be met for the proposed zoning to be approved:

1. To correct a manifest error in an ordinance establishing the zoning for a specific property;

2. To rezone an area or extend the boundary of an existing district because of changed or changing conditions in a particular area or in the Town generally; 3. The land to be rezoned was zoned in error and as presently zoned is inconsistent with the policies and goals of the Comprehensive Plan; 4. The proposed rezoning is necessary to provide land for a community-related use that was not anticipated at the time of the adoption of the Comprehensive Plan, and the rezoning will be consistent with the policies and goals of the Comprehensive Plan; 5. The area requested for rezoning has changed or is changing to such a degree that it is in the public interest to encourage development or redevelopment of the area; or 6. A rezoning to Planned Unit Development overlay district is requested to encourage innovative and creative design and to promote a mix of land uses in the development.

Staff Comment: Criteria 2 has been met. The property is changing in condition by being rezoned from Weld County Agricultural to the Town of Frederick R-1 (Residential Low Density). The zoning complies with the Comprehensive Plan Map.

Public Notice:

This project was properly noticed according to the requirements of Section 4.5 of the Frederick Land Use Code. A Weld County resident and neighbor of the Dean’s property has asked questions regarding why the Dean’s would like to annex into the Town and whether or not they, themselves, are required to annex. Upon answering these questions, there were no other concerns noted.

Legal Comments:

The application has been reviewed by the Town Attorney, whose comments have been incorporated accordingly.

Planning Commission:

Alternatives/Options:

The Board of Trustees may approve the request, deny the request, or approve of the request with conditions.

Financial Considerations:

Not applicable

Staff Recommendation:

Staff requests that the Board of Trustees approve the resolution and ordinance as presented.

DEAN ANNEXATION MAP TO THE TOWN OF FREDERICK Of a Parcel of Land, Situate in the Northeast Quarter of Section 33, Township 2 North, Range 68 West of the 6th P.M., County of Weld, State of Colorado

Godding Hollow Pkwy

1.5 MILE RADIUS ”

” Frederick Weld County Rd 7 ”

Weld County Rd 16 URVEYORS SITE

” S

Weld County Rd 5 Interstate 25 ” ING

”

” K ” State Highway 52 650 E. Garden Drive | Windsor, Colorado 80550 Erie Dacono phone: (970) 686-5011 | email: [email protected]

VICINITY MAP

LEGEND

PRELIMINARY

WYNDHAM HILL ANNEXATION NO. 1 REC. NO. 3187002

ANNEXATION 14,800 SQ.FT. WYNDHAM HILL 0.340 ACRES ANNEXATION NO. 1 REC. NO. 3187002

WYNDHAM HILL REC. NO. 3187002 ANNEXATION NO. 1 (80' RIGHT OF WAY)

WELD COUNTY ROAD 7/ AGGREGATE BOULEVARD

1 M:\20200205\DWG\20200205ANX.dwg, 8/6/2020 8:10:43 AM, 1:1 SITE ANALYSIS DEAN ANNEXATION AND ZONING Of a Parcel of Land, Situate in the Northeast Quarter of Section 33, Township 2 North, Range 68 West of the 6th P.M., County of Weld, State of Colorado

WYNDHAM HILL ANNEXATION NO. 1 REC. NO. 3187002 URVEYORS S

ING K 650 E. Garden Drive | Windsor, Colorado 80550 ANNEXATION 14,800 SQ.FT. WYNDHAM HILL 0.340 ACRES ANNEXATION NO. 1 REC. NO. 3187002 phone: (970) 686-5011 | email: [email protected]

WYNDHAM HILL REC. NO. 3187002 ANNEXATION NO. 1 (80' RIGHT OF WAY)

WELD COUNTY ROAD 7/ AGGREGATE BOULEVARD

LEGEND

1 M:\20200205\DWG\20200205ANX.dwg, 8/6/2020 8:10:44 AM, 1:1 DEAN ZONING MAP TO THE TOWN OF FREDERICK Of a Parcel of Land, Situate in the Northeast Quarter of Section 33, Township 2 North, Range 68 West of the 6th P.M., County of Weld, State of Colorado

Godding Hollow Pkwy

1.5 MILE RADIUS ”

” Frederick Weld County Rd 7 ”

Weld County Rd 16 URVEYORS SITE

” S

Weld County Rd 5 Interstate 25 ” ING

”

” K ” State Highway 52 650 E. Garden Drive | Windsor, Colorado 80550 Erie Dacono phone: (970) 686-5011 | email: [email protected]

VICINITY MAP

LEGEND

PRELIMINARY

WYNDHAM HILL ANNEXATION NO. 1 REC. NO. 3187002

ANNEXATION 14,800 SQ.FT. WYNDHAM HILL 0.340 ACRES ANNEXATION NO. 1 REC. NO. 3187002

WYNDHAM HILL REC. NO. 3187002 ANNEXATION NO. 1 (80' RIGHT OF WAY)

WELD COUNTY ROAD 7/ AGGREGATE BOULEVARD

1 M:\20200205\DWG\20200205ANX.dwg, 8/6/2020 8:10:49 AM, 1:1

DEAN ANNEXATION AGREEMENT

THIS AGREEMENT is made and entered into this ___ day of December 2020 by and between Jeffrey Dean and Anne Dean, 6827 Aggregate Blvd., Frederick, Colorado 80503, hereinafter referred to as the “ANNEXOR,” and the Town of Frederick, a municipal corporation of the State of Colorado, hereinafter referred to as “Frederick” or “TOWN”.

WITNESSETH:

WHEREAS, the ANNEXOR desires to annex to the Town of Frederick the property more particularly described on Exhibit “A,” which is attached hereto, incorporated herein, and made a part hereof, hereinafter referred to as “PROPERTY” or “the PROPERTY”; and

WHEREAS, the TOWN wishes to control its growth in a planned and orderly fashion, maintaining and improving quality of life and the TOWN’s ability to provide and enhance environmental amenities, services, and local opportunity for its citizens; and,

WHEREAS, the ANNEXOR wishes to develop the PROPERTY for uses compatible with its objectives and those of TOWN; and

WHEREAS, the ANNEXOR acknowledges that upon annexation, the PROPERTY will be subject to all ordinances, resolutions, and other regulations of the TOWN, as they may be amended from time to time; and

WHEREAS, the parties mutually recognize and agree that it is necessary and desirable for orderly development that the TOWN be the source of necessary urban services for the PROPERTY to be developed, such as police protection, and local government administration; and

WHEREAS, the parties agree that it is in the public interest and the interest of the parties to enter into a written agreement as to the overall plan of development, including location and dedication of public ways and public areas, zoning, dedication of water rights, and locations and payments regarding roads, utilities, and other improvements; and

WHEREAS, the ANNEXOR acknowledges that the need for conveyances and dedication of certain property (including but not limited to property for streets, rights-of-way, and easements; parks and open space; utility facilities; and other public improvements) to the TOWN as contemplated in this AGREEMENT are directly related to and generated by the development intended to occur within the PROPERTY, and that no taking thereby will occur requiring any compensation; and

WHEREFORE, the TOWN finds that it is in the best interests of the TOWN and its citizens to have a single emergency services provider to avoid duplication of services, to assure uniform delivery of emergency services, to assure its citizens and businesses of uniform fire code interpretation and enforcement, and to reduce confusion in coordinating service through Weld County Dispatch which will reduce response times.

Dean Annexation Agreement

NOW, THEREFORE, in consideration of the foregoing covenants, promises, and agreements of each of the parties hereto, to be kept and performed by each of them, it is agreed by and between the parties as follows:

1. BASIC INTENT. The intent of this AGREEMENT is to set forth the basic requirements for annexation and development of the PROPERTY described above. This AGREEMENT shall be binding upon the parties and their respective permitted successors and assigns, and may not be modified except by further written agreement.

2. DEVELOPMENT. The PROPERTY annexed shall be developed in general conformity with the TOWN comprehensive plans, subdivision regulations, zoning code, building codes, and other applicable statutory and local requirements, including without limitation, those pertaining to subdivision, land use, streets, storm drainage, utilities, landscaping, parks and open spaces, and flood control. The TOWN and the ANNEXOR further agree that the TOWN may amend the TOWN’S comprehensive plans, subdivision regulations, zoning code, building codes, and other applicable local requirements from time to time as needed to address changing effects upon the TOWN’S infrastructure, administration, and delivery of governmental services as a result of development occurring with the TOWN; and the State of Colorado may amend the Colorado Revised Statutes. The TOWN and the ANNEXOR agree that such plans, regulations, codes, and other statutory and local requirements that relate to development intended to occur within the PROPERTY are intended to proportionately address the projected impacts of that development, and that no taking will thereby occur that requires any compensation.

a. Zoning. The ANNEXOR desires R1 – Residential zoning, in accordance with the zoning categories contained in Article 3 of the Frederick Land Use Code. The parties recognize that it is the intent and desire of the ANNEXOR to develop the PROPERTY in a manner generally consistent with the zoning requested and that the granting of such zoning by the Town of Frederick is a condition to annex the PROPERTY. ANNEXOR shall take all action necessary to permit zoning by the Town of Frederick of the annexed area simultaneously with the annexation application and within the time prescribed by state statutes.

b. Land Use. All residential, commercial, and industrial construction will be subject to the types and intensities of land use permitted pursuant to the Frederick Land Use Code in effect on the date hereof, or in effect on the date when building permit applications are filed.

3. MUNICIPAL SERVICES. The TOWN agrees to provide the PROPERTY with all of the usual municipal services in accordance with this AGREEMENT, and the ordinances and policies of the TOWN, which services shall include, but are not limited to, general government administration, police protection, and water services and all other services customarily and currently provided by the TOWN in the area to be annexed. The ANNEXOR acknowledges, agrees, and accepts that the TOWN does not provide Dean Annexation Agreement

electricity, water, sewer, natural gas services, or fire protection services to the area to be annexed. The TOWN and the ANNEXOR agree that the provision or non-provision of such municipal services by the TOWN or by another entity is directly related to and generated by development intended to occur within the PROPERTY and that no taking thereby will occur requiring any compensation.

a. The parties agree that the provision of municipal services in outlying areas is not always economically feasible. Therefore, the TOWN agrees to allow and to assist the ANNEXOR in obtaining service from other entities in such outlying areas. Such non-municipal entities including, but are not limited to, United Power, Source Gas, St Vrain Sanitation District, and Left-Hand Water District.

b. The TOWN provides fire suppression, fire protection and public education, rescue, extrication, hazardous materials, ambulance and emergency services through an intergovernmental agreement with Frederick-Firestone Fire Protection District ("FREDERICK-FIRESTONE FPD"). If the PROPERTY currently is not within the jurisdiction of any fire protection district, ANNEXOR agrees to take all actions necessary or appropriate to include the PROPERTY into FREDERICK- FIRESTONE FPD's jurisdiction, including but not limited to, within thirty (30) days of the date of annexation, petitioning FREDERICK-FIRESTONE FPD to include the PROPERTY into its jurisdiction. If the PROPERTY currently is within the jurisdiction of a fire protection district other than FREDERICK- FIRESTONE FPD, ANNEXOR shall take all actions necessary or appropriate to exclude the PROPERTY from that fire protection district's jurisdiction and include the PROPERTY into FREDERICK-FIRESTONE FPD's jurisdiction. ANNEXOR's obligations include, but are not limited to: i) within thirty (30) days of the date of annexation, ANNEXOR shall petition the other fire protection district to exclude the PROPERTY from its jurisdiction; and ii) within thirty (30) days of the date of annexation, ANNEXOR shall petition FREDERICK- FIRESTONE FPD to include the PROPERTY into its jurisdiction, immediately upon exclusion of the PROPERTY from the other fire protection district's jurisdiction. Notwithstanding the foregoing, the ANNEXOR shall, at the request of the TOWN, not petition the other fire protection district to exclude the PROPERTY, but instead shall assist the TOWN in a civil action to exclude the PROPERTY from the other fire protection district's jurisdiction, should the TOWN in its sole discretion choose to do so. ANNEXOR shall execute any and all documents reasonably necessary to perform its obligations under this paragraph. ANNEXOR's obligations under this paragraph shall be continuing until the PROPERTY has been legally included into FREDERICK-FIRESTONE FPD's jurisdiction.

c. ANNEXOR agrees to petition for inclusion of the PROPERTY into the St. Vrain Sanitation District, Frederick Firestone Area Fire Protection District (as provided in Paragraph 3.b., above), Left Hand Water District, Northern Colorado Water Conservancy District, St. Vrain Valley School District RE1J, and the Carbon

Dean Annexation Agreement

Valley Recreation District within thirty (30) days of the effective date of the annexation, if the PROPERTY is not already included within said districts. The ANNEXOR appoints the Town Clerk as its agent for the purpose of petitioning for inclusion into said special districts, in the event the ANNEXOR fails to do so, and ANNEXOR agrees to pay all costs associated therewith.

d. Nothing in this Agreement shall provide the ANNEXOR with priority for utility, public safety, and other public services by the TOWN or other non-municipal entity. If utility, public safety, or other public services are not available to coordinate with the ANNEXOR’s development schedule, the ANNEXOR shall either delay development until funding becomes available, or fully advance funds necessary to accelerate their availability and priority, according to the TOWN’s policies and regulations, and the provisions of this Agreement.

4. WATER RIGHTS. Prior to the approval of the first building permit in a final plat of any subdivision of land within the PROPERTY, the ANNEXOR shall convey, transfer or assign to the TOWN, free and clear of all liens and encumbrances, water rights as required by the water rights requirements in Section 13-43 of the Municipal Code for all lands within the area being subdivided, and the dedication of all “non-tributary” and “not non- tributary” groundwater appurtenant to the land being subdivided. Transfer of said water rights is to be by warranty deed acceptable to the Town Attorney.

It is agreed by the parties that the property will receive domestic potable water service from the Left Hand Water District, and not from the TOWN. Therefore water rights pursuant to §13-43 and 13-44 of the Frederick Municipal Code will not be required to be dedicated to the TOWN; except, that at the sole discretion the Town, water rights acceptable to the Town or cash-in-lieu thereof, may be required to be dedicated to the Town for the irrigation of any lands dedicated for public use or open space within the area to be annexed, along with the dedication of all “non-tributary” and “not non-tributary” groundwater appurtenant to the land being annexed. Transfer of said water rights is to be by warranty deed acceptable to the Town Attorney, free and clear of all liens and encumbrances, and shall be accomplished prior to the approval of the first building permit in a final plat for the land annexed.

5. LAND DEDICATION. See exhibit C

a. Roads and Utility Easements. The ANNEXOR shall dedicate right-of-way for all roads and utility easements to the TOWN. All utility easements, dedicated to the TOWN, shall be for the use and the benefit of the various entities furnishing utility services, i.e., electrical, telephone, gas, TV cable, water, sewer and storm sewer. Utility easements for all utilities may be within the road or trails right-of-way and may be identical or overlapping. All power supply and distribution lines for utilities will be placed

Dean Annexation Agreement

underground. The Town will not accept a dedication of a half right-of-way along the perimeter of a property. The right-of-way provided shall be sufficient to allow the construction and operation of a fully functional road as determined by the Town to be necessary to serve the proposed development and adjacent property.

6. WATER SERVICE. It is agreed by the parties that the property will receive domestic water service from the Left Hand Water District, and not from the TOWN. The ANNEXOR shall comply at the time of development with the District’s requirements. The TOWN does not warrant the availability of water service by the Left Hand Water District to the ANNEXOR for any phase of development. The TOWN shall require proof of purchase of a water tap for the building site before a building permit will be issued for the site. If the PROPERTY is not already in the Northern Colorado Water Conservancy District, the ANNEXOR agrees to petition for inclusion in said District and to the payment of any fees and taxes levied by the District as a condition of said inclusion.

7. SANITARY SEWER SERVICES. Sanitary sewer service to the PROPERTY will be provided by Saint Vrain Sanitation District, and not by the TOWN. The ANNEXOR shall comply at the time of development with the District’s requirements for extension of service to the property and for the payment of sanitary sewer tap and plant investment fees. The TOWN does not warrant the availability and capacity of sewer service by the St. Vrain Sanitation District to the ANNEXOR for any phase of development.

8. ELECTRIC UTILITY SERVICE. The PROPERTY is located within the electric service territory of United Power, a Colorado cooperative electric association. ANNEXOR shall coordinate with United Power for the provision of electric service to the PROPERTY.

9. DRAINAGE. Not applicable.

10. TRANSPORTATION FACILITIES. Not applicable.

11. PARKS and OPEN SPACE IDENTIFIED IN THE FREDERICK COMPREHENSIVE PLAN. Not applicable.

12. FIRE PROTECTION. The ANNEXOR shall be solely responsible for installing all fire hydrants and other fire protection measures on the PROPERTY and its perimeter as may be required by the Frederick Firestone Fire Protection District.

13. COST ALLOCATION AND RECAPTURE OF COSTS FOR PUBLIC AND COMMON IMPROVEMENTS. Not applicable.

14. DEVELOPMENT IMPACT FEES. Not applicable.

15. CONFORMANCE WITH TOWN REGULATIONS. The ANNEXOR agrees that the design, improvement, construction, development, and use of the PROPERTY shall be in conformance with all TOWN ordinances and resolutions and the TOWN’s Design Standards and Construction Specifications including, without limitation, those pertaining to subdivision, zoning, streets, storm drainage, utilities, and flood control. The TOWN and ANNEXOR further agree that the TOWN may amend the TOWN’S Design Standards and Construction Specifications from time to time as needed to address changing effects upon the TOWN’S infrastructure, administration, and delivery of governmental services as a result of development occurring within the TOWN. The TOWN and ANNEXOR agree that the necessity of such TOWN regulation is directly related to and generated by development intended to occur within the PROPERTY and that no taking thereby will occur requiring any compensation.

16. VESTED RIGHTS. The TOWN and the ANNEXOR agree that only the Final Plat(s) of the PROPERTY, approved by the TOWN in accordance with Article 5 of the Frederick Land Use Code, and amendments thereto, constitute a site-specific development plan pursuant to C.R.S. § 24-68-101 et. seq., as amended, (the “Vested Rights Act”) for that portion so platted, and in addition, that the rights which vest pursuant to the “Vested Rights Act” shall vest for a period of three (3) years.

Furthermore, ANNEXOR and TOWN agree that vesting shall only occur in the event that the ANNEXOR specifically requests the approval of the TOWN to designate the Final Plat as the “site specific development plan(s)” for the PROPERTY. Failure of the ANNEXOR to request such an approval renders the Final Plat not a “site specific development plan” and no vested rights shall be deemed to have been created.

The ANNEXOR and the TOWN agree that the need for the establishment of this process for the vesting of property rights are directly related to the TOWN’s ability to control its growth in a planned and orderly fashion, and is generated by the development intended to occur within the PROPERTY and that no taking thereby will occur requiring any compensation.

17. EXCLUSIVITY OF ANNEXATION PETITION. The ANNEXOR agrees to not sign any other petition for annexation of the PROPERTY or any petition for an annexation election relating to the PROPERTY, except upon request of the TOWN.

18. THREE-MILE ANNEXATION PLAN. The Frederick Comprehensive Plan, 2006, designated as the Frederick Three-Mile Annexation Plan, encompasses the entire PROPERTY. The Frederick Comprehensive Plan, 2006, along with accompanying maps, plats, charts and descriptive material, has been adopted as the master plan for the three-mile area surrounding the Town of Frederick as required by C.R.S. § 31-12-105 (1) (e). This “Three Mile Annexation Plan” has been amended to the extent necessary to incorporate the above described PROPERTY and to update the Plan by the ordinance

annexing the PROPERTY and complies with the requirements of C.R.S. § 31-12-105 (1)(e).

19. DEVELOPMENT REQUIREMENTS AND EXACTIONS NOT A TAKINGS. The TOWN and the ANNEXOR agree that in all instances the requirements and exactions contained in this agreement are directly related to and generated by the development intended to occur within the PROPERTY and that no takings thereby will occur requiring any compensation.

20. OIL AND GAS DEVELOPMENT.

a. ANNEXOR agrees that in the development of the PROPERTY, the ANNEXOR will comply with the TOWN’s regulations with regard to setbacks from existing and future wells and production facilities for lots, streets and buildings.

b. ANNEXOR agrees to provide dedicated easements or outlots over oil and gas gathering lines or transmission lines, or to relocate existing oil and gas gathering lines or transmission lines into dedicated easements or outlots during platting and development. Dedicated easements for oil and gas gathering lines or transmission lines shall not be located in or across residential lots, or within public street rights- of-way, and shall cross public streets only at right angles.

c. All oil and gas access roads located on the PROPERTY will remain where they are until the platting of the PROPERTY and shall be considered a maintenance obligation between the ANNEXOR and the oil and gas company(s). The TOWN shall not be responsible for any maintenance of any current oil and gas access road.

21. MISCELLANEOUS PROVISIONS.

a. Interpretation. Nothing in this Agreement shall constitute or be interpreted as a repeal of the TOWN’s ordinances or resolutions, or as a waiver of the TOWN’s legislative, governmental, or police powers to promote and protect the health, safety, and welfare of the TOWN and it’s inhabitants, nor shall this Agreement prohibit the enactment or increase by the TOWN of any tax or fee.

b. Severability. If any part, section, subsection, sentence, clause or phrase of this Agreement is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining sections of the Agreement. The parties hereby declare that they would have agreed to the Agreement including each part, section, subsection, sentence, clause or phrase thereof, irrespective of the fact that one or more parts, sections, subsections, sentence, clauses or phrases be declared invalid.

c. Amendments to the Agreement. This Agreement may be amended, at anytime, upon agreement of the parties hereto. Such amendments shall be in writing, shall 7

be recorded with the County Clerk & Recorder of Weld County, Colorado, shall be covenants running with the land, and shall be binding upon all persons or entities having an interest in the PROPERTY subject to the amendment unless otherwise specified in the amendment.

In addition, this Agreement may be amended by the TOWN and any ANNEXOR without the consent of any other ANNEXOR as long as such amendment affects only that ANNEXOR’s portion of the PROPERTY. Such amendments shall be in writing, shall be recorded with the County Clerk & Recorder of Weld County, Colorado, shall be covenants running with the land, and shall be binding upon all persons or entities having an interest in the PROPERTY subject to the amendment unless otherwise specified in the amendment. d. Binding Effect. This Agreement shall be binding upon and inure to the benefit of and be binding upon the parties, their successors in interest, or their legal representatives, including all developers, purchasers and subsequent owners of any lots or parcels within the PROPERTY, and shall constitute covenants running with the land. This Agreement shall be recorded with the County Clerk & Recorder of Weld County, Colorado, at the ANNEXOR’s expense.

e. Indemnification. ANNEXOR agrees to indemnify and hold harmless the TOWN and the TOWN’s officers, employees, agents, and contractors, from and against all liability, claims, and demands, including attorney’s fees and court costs, which arise out of or are in any manner connected with the annexation of the PROPERTY, or with any other annexation or other action determined necessary or desirable by the TOWN in order to effectuate the annexation of the PROPERTY, or which are in any manner connected with the TOWN’s enforcement of this Agreement. The ANNEXOR further agrees to investigate, handle, respond to, and to provide defense for and defend against or at the TOWN’s option to pay the attorney’s fees for defense counsel of the TOWN’s choice for, any such liability, claims, or demands.

f. Termination. If the annexation of the PROPERTY is, for any reason, not completed then this Agreement shall be null and void and of no force and effect whatsoever.

g. No Right or Remedy of Disconnection. No right or remedy of disconnection of the PROPERTY from the TOWN shall accrue from this Agreement, other than provided by applicable state laws. In the event the PROPERTY or any portion thereof is disconnected at the ANNEXOR’s request, the Town of Frederick shall have no obligation to serve the disconnected property or portion thereof and this Agreement shall be void and of no further force and effect as to such property or portion thereof.

h. Annexation and Zoning Subject to Legislative Discretion. The ANNEXOR acknowledges that the annexation and subsequent zoning of the PROPERTY are subject to the legislative discretion of the Board of Trustees of the Town of Frederick. No assurances of annexation or zoning have been made or relied upon by the ANNEXOR. In the event that the Town of Frederick Board of Trustees, in the exercise of its legislative discretion, does not take any action with respect to the PROPERTY herein contemplated, then the sole and exclusive remedy for the breach hereof accompanied by the exercise of such discretion shall be the disconnection from the TOWN in accordance with state law, as may be appropriate. i. Legal Discretion in the Case of Challenge. The Town of Frederick reserves the right to not defend any legal challenge to this annexation, In the event such a challenge occurs prior to any expiration of any statute of limitation, the TOWN may, at its discretion, choose to legally fight the challenge or allow the challenge to proceed without defense. This does not restrict the ANNEXOR from engaging the TOWN’s legal representatives in such a defense, at no cost to the TOWN.

j. Application of Town Policies. Upon annexation, all subsequent development of the PROPERTY shall be subject to and bound by the applicable provisions of the TOWN’s ordinances, as amended, including public land dedications, provided however, that changes or amendments to the Frederick Municipal Code, after the date of this Agreement shall in no way limit or impair TOWN’s obligation hereunder, except as specifically set forth in this Agreement.

k. Amendments to Governing Ordinances, Resolutions and Policies. As used in this Agreement, unless otherwise specifically provided herein, any reference to any provision of any TOWN ordinance, resolution, or policy is intended to refer to any subsequent amendments or revisions to such ordinance, resolution, or policy, and the parties agree that such amendments or revisions shall be binding upon ANNEXOR.

l. Legal Fees. In the event that either party finds it necessary to retain an attorney in connection with a default by the other as to any of the provisions contained in this Agreement, the defaulting party shall pay the other’s reasonable attorney fees and costs incurred in enforcing the provisions of this Agreement.

m. Reimbursement for Other Costs. The ANNEXOR shall reimburse the TOWN for any third-party costs necessary for the orderly and proper development of the PROPERTY, including but not limited to consultant fees for planning and engineering, and attorney fees for legal services beyond the normal document review, which is directly linked to the PROPERTY.

n. Cooperation. The parties agree that they will cooperate with one another in

accomplishing the terms, conditions, and provisions of the Agreement, and will execute such additional documents as necessary to effectuate the same.

o. Timely Submittal of Materials. The ANNEXOR agrees to provide legal documents, surveys, engineering work, newspaper publication, maps, reports and other documents necessary to accomplish the annexation of the PROPERTY and the other provisions of this Agreement.

p. Compliance with State Law. The ANNEXOR shall comply with all applicable State law and regulations.

q. Recording of Agreement. This Agreement shall be recorded in the records of the County Clerk and Recorder, Weld County, Colorado.

r. Choice of Law. In all litigation arising out of the contract, the statutory and common law of the State of Colorado shall be controlling, and venue shall be in the District Court of Weld County, Colorado.

22. COMPLETE AGREEMENT. This instrument embodies the whole agreement of the parties. There are no promises, terms, conditions, or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. Except as provided herein there shall be no modifications of this Agreement except in writing, executed with the same formalities as this instrument. Subject to the conditions precedent herein this Agreement may be enforced in any court of competent jurisdiction.

23. Original Counterparts. This Agreement may be executed in counterparts, each of which will be an original, but all of which together shall constitute one and the same instrument.

By this acknowledgment, the undersigned hereby certify that the above Agreement is complete and true and entered into of their own free will and volition.

TOWN OF FREDEERICK ANNEXORS:

By______Tracie Crites, Mayor Jeffrey Dean

ATTEST; ______Anne Dean ______Meghan C. Martinez, CMC, Town Clerk

STATE OF COLORADO ) )ss. COUNTY OF WELD )

The foregoing instrument was acknowledged before me this day of October 2020 by Tracie Crites as Mayor and Meghan C. Martinez as Town Clerk of the Town of Frederick.

My commission expires:

Witness my hand and official seal. Notary Public

STATE OF COLORADO ) )ss. COUNTY OF WELD )

The foregoing instrument was acknowledged before me this day of October 2020 by Jeffrey Dean and Anne Dean.

My commission expires:

Witness my hand and official seal.

Notary Public

EXHIBIT “A”

A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER (NE1/4) OF SECTION 33, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M. DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 33, THENCE SOUTH 00°00’00” WEST, 963.79 FEET ALONG THE EAST LINE OF THE NE1/4 OF SAID SECTION 33 TO THE TRUE POINT OF BEGINNING; THENCE NORTH 90°00’00” WEST, 293.30 FEET; THENCE SOUTH 00°00’00” WEST, 56.21 FEET TO THE NORTH LINE EXTENDED WESTERLY OF THAT TRACT OF LAND CONVEYED TO NICK HARKALIS AND KATHERINE MAUL AS TO JOINT TENANTS AS DESCRIBED IN WARRANTY DEED RECORDED JUNE 5, 1959 IN BOOK 1504 AT PAGE 514 AS RECEPTION NO. 1279675, WELD COUNTY RECORDS; THENCE SOUTH 90°00’00” EAST, 293.30 FEET ALONG THE NORTH LINE EXTENDED WESTERLY AND ALONG THE NORTH LINE OF THAT TRACT OF LAND AS DESCRIBED AT SAID RECEPTION NO. 1279675 TO THE EAST LINE OF THE NE1/4 OF SAID SECTION 33, THENCE NORTH 00°00’00” EAST, 56.21 11

FEET ALONG THE EAST LINE OF THE NE1/4 OF SAID SECTION 33 TO THE TRUE POINT OF BEGINNING

COUNTY OF WELD, STATE OF COLORADO.

EXHIBIT “B”

EXHIBIT “C” SPECIAL PROVISIONS APPLYING TO THE DEAN ANNEXATION

SPECIAL PROVISIONS APPLYING TO THE DEAN ANNEXATION. Certain special provisions shall apply to the Dean Annexation as follows:

1. This annexation is conditioned upon the Annexors’ signing the Agreement below to exchange property with Frederick Development Company, Inc. in which Annexor has agreed to an exchange property which will adjust the north lot line of the property being annexed and will dedicate a 30’ right of way on the eastern property line to the Town.

AGREEMENT

This AGREEMENT made this ____ day of December 2020 by and between, Frederick, Colorado (“Town”), Jeffrey Dean and Anne Dean, 6827 Aggregate Boulevard, Frederick, CO 80503 (“Deans”) and Frederick Development Company, Inc., 2500 Arapahoe Avenue, Suite 220, Boulder, CO 80302 (“Developer”), collectively referred to as (the parties).

WHEREAS, the Deans own the property at 6827 Aggregate Boulevard (“Dean Property”) that is adjacent to Wyndham Hill Filing 10 (“Developer Property”), to the North, and adjacent to Aggregate Boulevard to the East. The Deans are in the process of annexing their property to the Town; and

WHEREAS, the Deans have a barn on the north side of the Dean Property, which encroaches into Developer Property, specifically onto proposed Outlot D (open space) of Wyndham Hill Filing 10, which will ultimately be dedicated to the Town; and

WHEREAS, the Town would like to acquire an additional 30 feet of right-of-way on the east side of the Dean Property for an expansion of Aggregate Boulevard; and

WHEREAS, the Town is willing to accept a reduction in the amount of open space that is required on the Developer Property by 789 square feet, more or less (3 feet x 263.3 feet); and

WHEREAS, the Developer, with the consent of the Town, is willing to deed to the Deans a strip of land 3 feet x 263.3 feet in dimension, in order to resolve the encroachment, in exchange for the Deans agreeing to deed to the Town a strip of land 30 feet x 56.21 feet in dimension (1,686.3 square feet, more or less) on the east side of the Dean Property adjacent to Aggregate Boulevard, to provide additional right-of-way for the Town.

NOW THEREFORE THE PARTIES AGREE AS FOLLOWS;

1. Upon annexation of the Dean Property, the Deans agree to deed to the Town (by special warranty deed with no encumbrances, financial or otherwise, that could divest the Town of its title in the future, and with no other encumbrances that are objectionable to the Town) a strip of land 30 feet in width adjoining Aggregate Boulevard (approximately 56.21 feet in length), for additional right of way for Aggregate Boulevard (“Right-of-Way Dedication”), as such Right- of-Way Dedication is more fully set forth on Exhibit A.

2. Developer agrees to include the Dean Property on the final plat for Wyndham Hill Filing 10, and the Deans agree to sign the plat as owners of their parcel, and to provide further evidence of the Right-of-Way Dedication.

3. Upon approval of the final plat for Wyndham Hill Filing 10, Developer agrees to add a strip of land, approximately 3 feet x 263.3 feet in dimension, to the Dean Property, so that the encroaching barn is completely within the boundaries of the Dean Property, as more fully described and detailed on Exhibit B.

4. The Town agrees that the Developer may decrease the amount of open space dedicated to the Town in exchange for including the Dean Property within the boundaries of the Wyndham Hill Filing 10 plat, increasing the size of the Dean Property as described above, and facilitating the Dean’s dedication of the right-of-way to the Town.

5. The Town agrees to accept from Developer the open space for Wyndham Hill Filing 10, reduced by the area shown on Exhibit B, and agrees to accept from Deans the additional right-of-way as set forth on Exhibit A.

6. The exchange of properties contemplated herein will occur when the final plat for Wyndham Hill Filing 10 is approved by the Town Board and recorded, except that the special warranty deed described in paragraph 1, above, will be delivered to the Town after the approval of the final plat but prior to the recordation of the final plat. The Deans will provide a title commitment to the Town not more than 14 days and not less than seven days prior to the public hearing of the Town Board regarding approval of the final plat, and will cause objectionable title exceptions to be removed from Schedule B-2 prior to recordation of the final plat.

7. ENTIRE AGREEMENT. This Agreement sets forth the entire agreement of the parties hereto with respect to the matters contained herein.

5. SEVERABILITY. If any provision of this Agreement is deemed by any court of competent jurisdiction to be invalid or void, the remaining provisions remain in full force and effect.

6. WAIVER. No failure or delay on the part of the Escrow Agent in exercising any right, power, or remedy may be or may be deemed to be a waiver thereof; nor may any single or partial exercise of any right, power or remedy preclude any other or further exercise of any right,

power or remedy.

7. FURTHER ASSURANCE. Each of the parties shall at the request of the other party deliver to the requesting party all further documents or other assurances as may be reasonably necessary or desirable to give effect to this Agreement.

8. ATTORNEY FEES. Developer agrees to pay Town for any cost and attorney fees incurred by the Town in drafting or enforcing this agreement.

9. TIME. Time shall be of the essence.

10. GOVERNING LAW. This Agreement shall be governed and interpreted in force according to the laws of the State of Colorado.

11. COUNTERPARTS. This Agreement may be executed in counterparts, each of which so executed shall be deemed an original and all of which shall constitute one and the same instrument.

IN WITNESS WHEREOF, the parties have hereunto executed this Agreement as of the date and year first above written.

TOWN OF FREDERICK FREDERICK DEVELOPMENT COMPANY, INC. By______Tracie Crites, Mayor By ______Jon Lee, Authorized Representative ATTEST

______Meghan C. Martinez, CMC, Town Clerk Jeffrey Dean

______Anne Dean

1 PCR-2020-16A 2 A Resolution of the Planning Commission 3 Recommending Approval of Dean Annexation 4 5 Be it resolved by the Planning Commission of the Town of Frederick, Colorado: 6 7 Section 1. The Frederick Planning Commission finds that: 8 1.1 An application for the Dean Annexation has been submitted. 9 1.2 Said application was found to be complete through the review process. 10 1.3 Said application was considered during a public hearing held November 19, 2020. 11 1.4 Proper notice was given according to Section 4.5 of the Frederick Land Use Code. 12 1.5 Said application conforms with the applicable requirements of Section 4.9.2 of the 13 Frederick Land Use Code. 14 Section 2. This resolution constitutes the written report, findings and decision of the Town 15 of Frederick Planning Commission. 16 Section 3. On the basis of the above, the Town of Frederick Planning Commission 17 recommends approval of the application. 18 19 This resolution approved this 19th day of November, 2020 by a vote of 5 to 0 . 20 21 ______22 Tracy Moe, Chairperson, Planning Commission 23 24 25 26 27 28 29 PCR-2020-16A 30

TOWN OF FREDERICK, COLORADO RESOLUTION NO. 20-R-85-A

A RESOLUTION OF THE TOWN OF FREDERICK, COLORADO, REGARDING THE “DEAN ANNEXATION” HEARING ADOPTING CERTAIN FINDINGS OF FACT AND CONCLUSIONS FAVORABLE TO THE ANNEXATION.

WHEREAS, the Board of Trustees of the Town of Frederick, Colorado, held a public hearing on December 8, 2020, pursuant to the published notice, on the petition of Dean Annexation, for the annexation of the following real property (“Subject Property”); to wit:

See attached Exhibit A.

BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FREDERICK, COLORADO, AS FOLLOWS:

Section 1. Findings of Fact.

a. The petition for annexation demonstrates and the evidence presented to the Board of Trustees demonstrates that the applicable provisions of Section 30 of Article II of the Colorado Constitution and C.R.S. 31-12-104 and 31-12-105 have been met.

1. With regard to Art. II § 30, Colo. Const., the Town has received a proper petition from 100 percent of the landowners within the area proposed to be annexed.

2. With regard to C.R.S. § 31-12-104, (i) not less than one-sixth of the perimeter of the Subject Property is contiguous with the corporate limits of the Town of Frederick and said contiguity is not limited by the application of C.R.S. § 31-12-104(2); (ii) a community of interest exists between the Subject Property and the Town of Frederick; (iii) that the Subject Property area is urban or will be urbanized in the near future; and (iv) that the Subject Property is integrated with or is capable of being integrated with the Town of Frederick.

3. The fact that the Subject Property has the required one-sixth contiguity with the Town of Frederick is a basis for a finding of compliance with the requirements of C.R.S. § 31-12-104(1)(b), and the Board of Trustees finds that no circumstances that would prevent the application of C.R.S. § 31-12-104 exist.

4. With regard to C.R.S. § 31-12-105, (i) no land held in identical ownership has been divided into separate parts or parcels without the written consent of the landowners thereof; (ii) no land held in identical ownership, whether consisting on one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, comprising 20 acres or more (which, together with the buildings and improvements situated thereon has a valuation for assessment in excess of two hundred thousand dollars for ad valorem tax purposes for the year next preceding the annexation) is included in the proposed annexation without the written consent of the landowners; (iii) no land is proposed to be annexed for which annexation proceedings have been commenced for the annexation of part or all of such territory to another municipality; (iv) the proposed annexation will not result in the detachment of the area from any school district and the attachment of the same to another school district; (v) the annexation will not have the effect of extending the Town of Frederick municipality boundary more than three miles in any direction in any one year; (vi) the proposed annexation is in conformance with the 2015 Comprehensive Plan duly adopted by the Planning Commission of the Town of Frederick, including the Town’s “three-mile plan.”; (vii) the proposed annexation will not result in the annexation of a portion of a platted street without the annexation of the entire width of the street; and (viii) due to the physical configuration and location of the Subject Property, the other limitations set out in C.R.S. 31-12- 105, not specifically addressed above, do not apply.

b. The petition for annexation demonstrates and the evidence presented to the Board of Trustees demonstrates that an election is not required by Section 30(1)(a) of Article II of the Colorado Constitution and C.R.S. 31-12- 107(2). Pursuant to C.R.S. §§ 31-12-107 and 31-12-111, the annexation may be accomplished by Ordinance.

Section 2. Conclusions Regarding the Dean Annexation.

a. The proposed annexation to the Town of Frederick, Weld County, Colorado complies with the applicable sections of the Municipal Annexation Act of 1965.

b. The Annexation Agreement and its Exhibits, attached hereto as Exhibit B shall be fully executed prior to the effective date of the Ordinance annexing the Subject Property.

c. By Intergovernmental Agreement, fire protection for the Subject Property shall be provided by the Frederick Firestone Fire Protection District, and the effective date of the Ordinance annexing the Subject Property shall be not sooner than the day after the Subject Property is annexed into the Frederick Firestone Fire Protection District.

Section 3. Effective Date. This resolution shall become effective immediately upon adoption.

INTRODUCED, READ, PASSED AND ADOPTED THIS 8th DAY OF DECEMBER, 2020.

ATTEST: TOWN OF FREDERICK

By By Meghan Martinez, CMC, Town Clerk Tracie Crites, Mayor

EXHIBIT A

A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER (NE1/4) OF SECTION 33, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M. DESCRIBED AS FOLLOWS:

COUNTY OF WELD, STATE OF COLORADO.

EXHIBIT B

TOWN OF FREDERICK, COLORADO RESOLUTION NO. 20-R-86-A

A RESOLUTION OF THE TOWN OF FREDERICK, COLORADO, REGARDING THE “DEAN ANNEXATION” HEARING ADOPTING CERTAIN FINDINGS OF FACT AND CONCLUSIONS FAVORABLE TO THE INITIAL ZONING.

See attached Exhibit A.

WHEREAS, the processing of an application for zoning of land while a petition for annexation is under review is authorized by C.R.S. 31-12-115; and

WHEREAS, Article 3, Section 3.2.4. of the Frederick Land Use Code provides that no annexation of property to the Town shall become final until designation of a zoning classification of the property to be annexed has been established, and Article 3, Section 3.1.4. of the Frederick Land Use Code requires zoning to be considered at the same meeting as the annexation ordinance.

BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FREDERICK, COLORADO, AS FOLLOWS:

Section 1. Findings of Fact.

a. The proposed zoning is consistent with the 2015 Comprehensive Plan, duly adopted by the Planning Commission of the Town of Frederick.

b. The amendment of the official zoning map to provide for the initial zoning of the Subject Property is necessary in order to address the changed conditions resulting from the annexation of the Subject Property into the Town of Frederick.

Section 2. Conclusions Regarding the Dean Initial Zoning.

a. The most appropriate zoning for the Subject Property upon annexation to the Town is R-1, Residential Low Density District.

Section 3. Effective Date. This resolution shall become effective immediately upon adoption.

INTRODUCED, READ, PASSED AND ADOPTED THIS 8th DAY OF DECEMBER, 2020.

ATTEST: TOWN OF FREDERICK

By By Meghan Martinez, CMC, Town Clerk Tracie Crites, Mayor

EXHIBIT A

A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER (NE1/4) OF SECTION 33, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M. DESCRIBED AS FOLLOWS:

COUNTY OF WELD, STATE OF COLORADO.

TOWN OF FREDERICK, COLORADO RESOLUTION NO. 20-R-85-B

A RESOLUTION OF THE TOWN OF FREDERICK, COLORADO, REGARDING THE “DEAN ANNEXATION” HEARING, TERMINATING THE ANNEXATION.

See attached Exhibit A.

BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FREDERICK, COLORADO, AS FOLLOWS:

Section 1. Findings of Fact.

a. The petition for annexation of the Subject Property and the evidence presented to the Board of Trustees demonstrates that the applicable provisions of Section 30 of Article II of the Colorado Constitution and C.R.S. 31-12-104 and 31-12-105 have not been met.

Section 2. Conclusions Regarding the Dean Annexation.

a. The proposed annexation to the Town of Frederick, Weld County, Colorado does not comply with the applicable sections of the Municipal Annexation Act of 1965.

b. The annexation proceedings associated with the petition for annexation of the Subject Property are hereby terminated.

Section 3. Effective Date. This resolution shall become effective immediately upon adoption.

INTRODUCED, READ, PASSED AND ADOPTED THIS 8th DAY OF DECEMBER, 2020.

ATTEST: TOWN OF FREDERICK

By By Meghan Martinez, CMC, Town Clerk Tracie Crites, Mayor

EXHIBIT A

A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER (NE1/4) OF SECTION 33, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M. DESCRIBED AS FOLLOWS:

COUNTY OF WELD, STATE OF COLORADO. TOWN OF FREDERICK, COLORADO RESOLUTION NO. 20-R-86-B

A RESOLUTION OF THE TOWN OF FREDERICK, COLORADO, REGARDING THE “DEAN ANNEXATION” HEARING ADOPTING CERTAIN FINDINGS OF FACT AND CONCLUSIONS TERMINATING THE INITIAL ZONING PROCEEDINGS.

See attached Exhibit A.

WHEREAS, the processing of an application for zoning of land while a petition for annexation is under review is authorized by C.R.S. 31-12-115; and

BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FREDERICK, COLORADO, AS FOLLOWS:

Section 1. Findings of Fact.

a. The Board of Trustees adopted Resolution ______, terminating the annexation proceedings for the Subject Property.

b. Since the annexation proceedings are terminated, the application for initial zoning is moot.

Section 2. Conclusions Regarding the Dean Initial Zoning.

a. The proceedings on the proposed initial zoning of the Subject Property are terminated.

Section 3. Effective Date. This resolution shall become effective immediately upon adoption.

INTRODUCED, READ, PASSED AND ADOPTED THIS 8th DAY OF DECEMBER, 2020.

ATTEST: TOWN OF FREDERICK

By By Meghan Martinez, CMC, Town Clerk Tracie Crites, Mayor

EXHIBIT A

A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER (NE1/4) OF SECTION 33, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M. DESCRIBED AS FOLLOWS:

COUNTY OF WELD, STATE OF COLORADO.

TOWN OF FREDERICK, COLORADO RESOLUTION NO. 20-R-85-C

A RESOLUTION OF THE TOWN OF FREDERICK, COLORADO, REGARDING THE “DEAN ANNEXATION” HEARING ADOPTING CERTAIN FINDINGS OF FACT AND CONCLUSIONS FAVORABLE TO THE ANNEXATION, AND LISTING CERTAIN ADDITIONAL CONDITIONS TO BE ATTACHED TO THE ANNEXATION.

See attached Exhibit A.

BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FREDERICK, COLORADO, AS FOLLOWS:

Section 1. Findings of Fact.

1. With regard to Art. II § 30, Colo. Const., the Town has received a proper petition from 100 percent of the landowners within the area proposed to be annexed.

Section 2. Conclusions Regarding the Dean Annexation.

a. The proposed annexation to the Town of Frederick, Weld County, Colorado complies with the applicable sections of the Municipal Annexation Act of 1965.

b. The Annexation Agreement and its Exhibits, attached hereto as Exhibit B shall be fully executed prior to the effective date of the Ordinance annexing the Subject Property.

Section 3. Additional Conditions of Approval of Annexation. The following additional conditions for the approval of the annexation shall be included in the Ordinance annexing the Subject Property:

a. The Effective Date of the Ordinance annexing the Subject Property shall not be prior to date that the Dean Annexation Agreement, including the Agreement between the Town, Deans, and Developer attached thereto, are fully executed by all parties.

b. Condition 2

c. Condition 3

d. Condition 4

Section 4. Effective Date. This resolution shall become effective immediately upon adoption.

INTRODUCED, READ, PASSED AND ADOPTED THIS 8th DAY OF DECEMBER, 2020.

ATTEST: TOWN OF FREDERICK

By By Meghan Martinez, CMC, Town Clerk Tracie Crites, Mayor

EXHIBIT A

A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER (NE1/4) OF SECTION 33, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M. DESCRIBED AS FOLLOWS:

COUNTY OF WELD, STATE OF COLORADO.

TOWN OF FREDERICK, COLORADO RESOLUTION NO. 20-R-86-C

A RESOLUTION OF THE TOWN OF FREDERICK, COLORADO, REGARDING THE “DEAN ANNEXATION” HEARING ADOPTING CERTAIN FINDINGS OF FACT AND CONCLUSIONS FAVORABLE TO THE INITIAL ZONING, AND PROVIDING CERTAIN CONDITIONS.

See attached Exhibit A.

WHEREAS, the processing of an application for zoning of land while a petition for annexation is under review is authorized by C.R.S. 31-12-115; and

BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FREDERICK, COLORADO, AS FOLLOWS:

Section 1. Findings of Fact.

a. The proposed zoning is consistent with the 2015 Comprehensive Plan, duly adopted by the Planning Commission of the Town of Frederick.

Section 2. Conclusions Regarding the Dean Initial Zoning.

a. The most appropriate zoning for the Subject Property upon annexation to the Town is R-1, Residential Low Density District.

Section 3. Conditions of Approval of the Dean Initial Zoning. The following additional conditions for the approval of the initial zoning shall be included in the Ordinance zoning the Subject Property:

a. Condition 1

b. Condition 2

c. Condition 3

d. Condition 4

Section 4. Effective Date. This resolution shall become effective immediately upon adoption.

INTRODUCED, READ, PASSED AND ADOPTED THIS 8th DAY OF DECEMBER, 2020.

ATTEST: TOWN OF FREDERICK

By By Meghan Martinez, CMC, Town Clerk Tracie Crites, Mayor

EXHIBIT A

A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER (NE1/4) OF SECTION 33, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M. DESCRIBED AS FOLLOWS:

COUNTY OF WELD, STATE OF COLORADO.

TOWN OF FREDERICK, COLORADO ORDINANCE NO. 1348A

AN ORDINANCE OF THE TOWN OF FREDERICK, COLORADO ANNEXING THE PROPERTY KNOWN AS THE “DEAN ANNEXATION.”

WHEREAS, a Petition for Annexation (“Petition”) has been filed by the Town of Frederick and Anne and Jeffrey Dean, for the annexation to the Town of the following described real property, to wit:

See attached Exhibit A (“Subject Property”).

WHEREAS, 100 percent of the Subject Property consists of private property; and

WHEREAS, a public hearing was held on the Petition pursuant to statute on December 8, 2020; and

WHEREAS, the Board of Trustees adopted Resolution No. ______, and determined that the applicable provisions of Section 30 of Article II of the Colorado Constitution and C.R.S. 31-12-104 and 31-12-105 have been met; and

WHEREAS, the Board of Trustees finds that it is desirable and necessary that the Subject Property be annexed to the Town of Frederick, Colorado:

BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FREDERICK, WELD COUNTY, COLORADO, AS FOLLOWS:

Section 1. Annexation. The Subject Property is hereby annexed to and included within the town limits of the Town of Frederick.

Section 2. Three-Mile Plan. The Comprehensive Plan, Frederick, Colorado published by the Town of Frederick Planning and Zoning Commission on March 22, 2016, along with accompanying maps, plats, charts and descriptive material, has been adopted as the master plan for the three-mile area surrounding the Town of Frederick as required by C.R.S. § 31-12- 105(1)(e). The “Three-Mile Annexation Plan” as adopted is hereby amended to the extent necessary to incorporate the Subject Property, and to update said Plan thereby.

Section 3. Further Procedure.

a. The Mayor and Town Clerk are authorized and directed to complete all the necessary procedures required for annexation of said property to the Town including filing the required certified copies of the annexation ordinance and a map of the area to be annexed containing a legal description of such area with the Weld County Clerk and Recorder.

b. The signatures on the annexation map and this annexation ordinance and the recording of the same shall be withheld until an annexation agreement is completed and accepted by the Town.

Section 4. Effective Date. This ordinance shall become effective as of the latest to occur of:

a. Thirty (30) days after publication; or

b. Upon the affixation of signatures on the annexation map and this annexation ordinance and the recording of the same; or

c. Full execution of the annexation agreement, including exhibits, in the form attached to Resolution No. ______; or

d. Satisfaction of [one or more conditions] set out in Section 2, above.

INTRODUCED, READ, PASSED, ADOPTED AND ORDERED PUBLISHED THIS 8th DAY DECEMBER, 2020.

ATTEST: TOWN OF FREDERICK

By By Meghan Martinez, CMC, Town Clerk Tracie Crites, Mayor

EXHIBIT A

A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER (NE1/4) OF SECTION 33, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M. DESCRIBED AS FOLLOWS:

COUNTY OF WELD, STATE OF COLORADO.

TOWN OF FREDERICK, COLORADO ORDINANCE NO. 1349A

AN ORDINANCE OF THE TOWN OF FREDERICK, COLORADO ESTABLISHING INITIAL ZONING FOR THE PROPERTY KNOWN AS THE “DEAN ANNEXATION.”

WHEREAS, on December 8, 2020, the Board of Trustees of the Town of Frederick, Colorado approved Ordinance No. ______, annexing to the Town of Frederick the following described real property, to wit:

See attached Exhibit A (“Subject Property”).

WHEREAS, the annexation petition for the Subject Property included a request for initial zoning to the R-1, Residential Low Density District; and

WHEREAS, the zoning of land while annexation is underway is authorized by C.R.S.§ 31-12- 115 and required by the Town of Frederick Land Use Code; and

WHEREAS, it has been determined by the Board of Trustees that it is desirable and necessary that the designated zoning for the Subject Property be R-1, Residential Low Density District.

BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FREDERICK, WELD COUNTY, COLORADO, AS FOLLOWS:

Section 1. Initial Zoning. The zoning for the Subject Property is hereby designated “R-1, Residential Low Density District.” All activities conducted on the Subject Property shall be in conformance with the Land Use Code for the Town of Frederick, as amended from time to time, as though the same were set forth in full.

Section 2. Official Zoning Map. The Official Zoning Map of the Town of Frederick (“Official Zoning Map”) as adopted pursuant to the Frederick Land Use Code, and as subsequently amended, shall be amended by the designation of the Subject Property as “R-1, Residential Low Density District,” as depicted on the map attached hereto as Exhibit B.

Section 4. Effective Date. This ordinance shall become effective concurrently with Ordinance No. _____, which annexed the Subject Property into the Town of Frederick.

INTRODUCED, READ, PASSED, ADOPTED AND ORDERED PUBLISHED THIS 8th DAY DECEMBER, 2020.

ATTEST: TOWN OF FREDERICK

By By Meghan Martinez, CMC, Town Clerk Tracie Crites, Mayor

EXHIBIT A

A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER (NE1/4) OF SECTION 33, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M. DESCRIBED AS FOLLOWS:

COUNTY OF WELD, STATE OF COLORADO.

EXHIBIT B

TOWN OF FREDERICK, COLORADO ORDINANCE NO. 1348C

AN ORDINANCE OF THE TOWN OF FREDERICK, COLORADO ANNEXING THE PROPERTY KNOWN AS THE “DEAN ANNEXATION,” AND ESTABLISHING CONDITIONS FOR SUCH ANNEXATION.

WHEREAS, a Petition for Annexation (“Petition”) has been filed by the Town of Frederick and Anne and Jeffrey Dean for the annexation to the Town of the following described real property, to wit:

See attached Exhibit A (“Subject Property”).

WHEREAS, 100 percent of the Subject Property consists of private property; and

WHEREAS, a public hearing was held on the Petition pursuant to statute on December 8, 2020; and

WHEREAS, the Board of Trustees finds that it is desirable and necessary that the Subject Property be annexed to the Town of Frederick, Colorado:

BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FREDERICK, WELD COUNTY, COLORADO, AS FOLLOWS:

Section 1. Annexation. The Subject Property is hereby annexed to and included within the town limits of the Town of Frederick.

Section 2. Additional Conditions of Approval of Annexation. The annexation of the Subject Property is subject to the Additional Conditions of Approval of Annexation that are set out in Section 3 of Resolution _____, attached hereto as Exhibit B and incorporated herein by this reference.

Section 3. Three-Mile Plan. The Comprehensive Plan, Frederick, Colorado published by the Town of Frederick Planning and Zoning Commission on March 22, 2016, along with accompanying maps, plats, charts and descriptive material, has been adopted as the master plan for the three-mile area surrounding the Town of Frederick as required by C.R.S. § 31-12- 105(1)(e). The “Three-Mile Annexation Plan” as adopted is hereby amended to the extent necessary to incorporate the Subject Property, and to update said Plan thereby.

Section 4. Further Procedure.

b. The signatures on the annexation map and this annexation ordinance and the recording of the same shall be withheld until an annexation agreement is completed and accepted by the Town.

Section 5. Effective Date. This ordinance shall become effective as of the latest to occur of:

a. Thirty (30) days after publication; or

b. Upon the affixation of signatures on the annexation map and this annexation ordinance and the recording of the same; or

c. Full execution of the annexation agreement, including exhibits, in the form attached to Resolution No. ______; or

d. Satisfaction of [one or more conditions] set out in Section 2, above.

INTRODUCED, READ, PASSED, ADOPTED AND ORDERED PUBLISHED THIS 8th DAY DECEMBER, 2020.

ATTEST: TOWN OF FREDERICK

By By Meghan Martinez, CMC, Town Clerk Tracie Crites, Mayor

EXHIBIT A A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER (NE1/4) OF SECTION 33, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M. DESCRIBED AS FOLLOWS:

COUNTY OF WELD, STATE OF COLORADO.

TOWN OF FREDERICK, COLORADO ORDINANCE NO. 1349C

AN ORDINANCE OF THE TOWN OF FREDERICK, COLORADO ESTABLISHING INITIAL ZONING FOR THE PROPERTY KNOWN AS THE “DEAN ANNEXATION,” AND ESTABLISHING CONDITIONS OF APPROVAL THEREFOR.

WHEREAS, on December 8, 2020, the Board of Trustees of the Town of Frederick, Colorado approved Ordinance No. ______, annexing to the Town of Frederick the following described real property, to wit:

See attached Exhibit A (“Subject Property”).

WHEREAS, the annexation petition for the Subject Property included a request for initial zoning to the R-1, Residential Low Density District; and

WHEREAS, the zoning of land while annexation is underway is authorized by C.R.S.§ 31-12- 115 and required by the Town of Frederick Land Use Code; and

WHEREAS, it has been determined by the Board of Trustees that it is desirable and necessary that the designated zoning for the Subject Property be R-1, Residential Low Density District.

BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FREDERICK, WELD COUNTY, COLORADO, AS FOLLOWS:

Section 2. Official Zoning Map. The Official Zoning Map of the Town of Frederick (“Official Zoning Map”) as adopted pursuant to the Frederick Land Use Code, and as subsequently amended, shall be amended by the designation of the Subject Property as “R-1, Residential Low Density District,” as depicted on the map attached hereto as Exhibit B.

Section 4. Effective Date. This ordinance shall become effective concurrently with Ordinance No. _____, which annexed the Subject Property into the Town of Frederick.

INTRODUCED, READ, PASSED, ADOPTED AND ORDERED PUBLISHED THIS 8th DAY DECEMBER, 2020.

ATTEST: TOWN OF FREDERICK

By By Meghan Martinez, CMC, Town Clerk Tracie Crites, Mayor

EXHIBIT A

A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER (NE1/4) OF SECTION 33, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M. DESCRIBED AS FOLLOWS:

COUNTY OF WELD, STATE OF COLORADO.

EXHIBIT B

EXHIBIT C

TOWN OF FREDERICK Board of Trustees Action Memorandum

Tracie Crites, Mayor Dan March, Mayor Pro Tem Rusty ONeal, Trustee Mark Lamach, Trustee Kevin Brown, Trustee Adam Mahan, Trustee Windi Padia, Trustee

Consideration of the Silverstone Filing 1 & 4 Replat B and Vacation of Right-of-Way ______

Agenda Date: Town Board Meeting - December 8, 2020

Attachments: a. Proposed Filing 1 Final Plat b. Proposed Filing 4 Final Plat c. Filing 1 Final Plat Overlay Map d. Filing 4 Final Plat Overlay Map e. PCR-2020-18A-C f. Planning Commission Minutes g. Resolution 20-R-83A h. Resolution 20-R-83B i. Resolution 20-R-83C j. Ordinance 1346A k. Ordinance 1346C

Finance Review: Finance Director

Submitted by: Ali van Deutekom Planner

Approved for Presentation: Town Manager

Quasi-Judicial Legislative Administrative

Summary Statement: This is a request to consider the acceptance of a replat to add lots in Silverstone Filings 1 and 4 where oil and gas wells have been removed.

Detail of Issue/Request:

Applicant: Silverstone Development Company, Inc.

Built on What Matters.

Owner: Silverstone Development Company, Inc.

Location and Zoning: The project site is located a .25 mile east of Silver Birch Boulevard and north of the Highway 52. The property is zoned R-1 (Residential Low Density) with a PUD overlay.

Surrounding Land Uses and Zoning:

North Land use: platted and undeveloped, unplatted and undeveloped Zoning: R-1 with a PUD overlay and TBA zoning with a PUD overlay South Land use: platted and unplatted properties within Dacono city limits and Weld County Zoning: C-1 (commercial for Dacono properties) Ag (Agricultural for Weld property) West Land use: platted but undeveloped Zoning: C-E (Employment) and R-2 East Land use: platted and undeveloped Zoning: C-H52 (Mixed use highway 52) with a PUD overlay and R-1 with a PUD overlay

Background Information:

The Silverstone (Miner’s Village) preliminary development plan was approved in early 2008 for 1,850 dwelling units. To date, the final plats for Silverstone Filings 1, 2, 3 and 4 have been approved with a total of 502 dwelling units.

Like many of the subdivisions within the town, there was significant impact on the platting of the property due to oil and gas operations. Since the final plat approvals, the developer has worked with the multiple oil and gas operators to plug and abandon wells within Silverstone Filings 1 and 4.

Our Land Use Code requires setbacks from existing oil and gas and its production facilities. The setback to a street is 75 feet, a lot line is 150 feet, to a structure is 200 feet and to a place of assembly is 350 feet. There is no setback required to a plugged and abandoned well.

Request:

This is a request to plat 11 additional single-family detached lots in Filing 1 (Outlot D), where oil and gas wells have been removed. The developer is also requesting to vacate the ends of a hammerhead at the end of Bauer Court. This hammerhead is required by the fire department in order to turn a fire truck around.

This request also includes the addition of 15 single family home lots in Filing 4 (Outlot F), where the oil and gas equipment has been removed.

The Frederick Land Use Code does not allow oil and gas well setbacks to count towards the open space requirement for a development. After a well is plugged and abandoned, the setback can count towards open space. With the addition of 11 lots in Filing 1 and 15 lots in Filing 4, the project is still well over the 25% dedicated open space requirement.

Review Criteria

The Town of Frederick Land Use Code sets forth the following review criteria for each of the proposed planning actions. Staff has provided comments for each set of criteria.

Final Plat Review Criteria Analysis

1. The final plat conforms with the approved preliminary plat and incorporates recommended changes, modifications, and conditions attached to the approval of the preliminary plat unless otherwise approved by the Board of Trustees.

2. The development will substantially comply with the community design principles and development standards as set forth in Article 2 of this Code.

3. All applicable technical standards have been met.

4. An updated title commitment dated current to within fourteen (14) days of the Board of Trustees meeting.

Staff Comment: The proposal meets review criteria 1-4.

Vacation of right-of-way Review Criteria Analysis

1. The right-of-way or easement being vacated is not needed in the short or long term.

2. If necessary, the right-of-way or easement will be replaced. To replace the right-of-way or easement, the vacation application shall be accompanied by a development application which proposes a new right-of-way or easement.

3. The applicant is relocating all public facilities or utilities within the right-of-way or easement.

4. The public and surrounding properties will not be negatively impacted by the vacation.

Staff Comment: The proposal meets review criteria 1-4. The hammerhead turnaround is no longer required by the fire department because we will have a full cul-de-sac turnaround. There are no utilities planned for the vacated portion of the right-of-way.

Public Notice: This project was properly noticed according to the requirements of Section 4.5 of the Frederick Land Use Code. There have been no concerns with the proposal submitted to the Town.

Planning Commission: A virtual and in-person Planning Commission meeting was held November 19th, 2020. There were no participants in the public hearing. The Planning Commission recommended approval of the replat by approving PCR-2020-18A with a vote of 5-0.

Legal/Political Considerations:

The application has been reviewed by the Town Attorney, whose comments have been incorporated accordingly.

Alternatives/Options:

The Board of Trustees may approve the request, deny the request, or approve the request with conditions.

Financial Considerations:

Not Applicable.

Staff Recommendation:

Staff requests that the Board of Trustees consider approving the request as presented.

CR 11/SILVER BIRCH BLVD. SITE CR 16/TIPPLE PKWY STATE HIGHWAY 52

CR 13/COLORADO BLVD

DACONO FREDERICK

REVISIONS SCALE VERIFICATION 12/01/20 2020-47 BO NO. DESCRIPTION DATE BY 1 OF 2 N/A SILVERSTONE FILING NO. 1 HURST REPLAT B CIVIL ENGINEERING HURST & ASSOCIATES, INC. FREDERICK, COLORADO PLANNING 1265 S Public Road, Suite B Lafayette, CO 80026 G:\202047\SURVEY\PLATS\FILING 1\SS Filing 1 Replat B SURVEYING 303.449.9105 ∆ SCALE VERIFICATION 12/01/20 2020-47 BO 2 OF 1"=60' SILVERSTONE FILING NO. 1 HURST REPLAT B CIVIL ENGINEERING HURST & ASSOCIATES, INC. FREDERICK, COLORADO PLANNING 1265 S Public Road, Suite B Lafayette, CO 80026 G:\202047\SURVEY\PLATS\FILING 1\SS Filing 1 Replat B SURVEYING 303.449.9105

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CR 11/SILVER BIRCH BLVD.

STATE HIGHWAY 52 SITE CR 16/TIPPLE PKWY

CR 13/COLORADO BLVD

REVISIONS SCALE VERIFICATION 12/01/20 2020-47 BO NO. DESCRIPTION DATE BY 1 OF 1"=60' SILVERSTONE FILING NO. 4 HURST REPLAT B CIVIL ENGINEERING HURST & ASSOCIATES, INC. FREDERICK, COLORADO PLANNING 1265 S Public Road, Suite B Lafayette, CO 80026 G:\202047\SURVEY\PLATS\SILVERSTONE FILING 4 REPLAT B SURVEYING 303.449.9105

1 PCR-2020-18A 2 A Resolution of the Planning Commission 3 Recommending Approval of the Silverstone Filing 1 & 4 Replat B and Vacation of Right- 4 of-way 5 6 Be it resolved by the Planning Commission of the Town of Frederick, Colorado: 7 8 Section 1. The Frederick Planning Commission finds that: 9 1.1 An application for the Silverstone Filing 1 & 4 Replat B has been submitted. 10 1.2 Said application was found to be complete through the review process. 11 1.3 Said application was considered during a public hearing held November 19, 2020. 12 1.4 Proper notice was given according to Section 4.5 of the Frederick Land Use Code. 13 1.5 Said application conforms with the applicable requirements of Section 4.9.1 and 14 4.7.6 of the Frederick Land Use Code. 15 Section 2. This resolution constitutes the written report, findings and decision of the Town 16 of Frederick Planning Commission. 17 Section 3. On the basis of the above, the Town of Frederick Planning Commission 18 recommends approval of the application. 19 20 This resolution approved this 19th day of November, 2020 by a vote of 5 to 0 . 21 22 ______23 Tracy Moe, Chairperson, Planning Commission 24 25 26 27 28 29 30

401 Locust Street • P.O. Box 435 • Frederick, CO 80530-0435 Phone: (720) 382-5500 • Fax: (720) 382-5520 www.frederickco.gov

MINUTES TOWN OF FREDERICK PLANNING COMMISSION VIRTUAL MEETING CONDUCTED VIA ZOOM AND IN PERSON November 19, 2020 6:00 PM

CALL TO ORDER: At 6:01 p.m. Chairperson Moe called the meeting to order and requested roll call.

ROLL CALL: • Present: Chairperson Moe, Vice Chair teVelde, and Commissioners Conroy, Scott, and Stark • Staff: Planning Director Jennifer Simmons, Planners Ali van Deutekom and Maureen Welsh, Town Attorney Rick Samson, Town Clerk Meghan Martinez, and Deputy Town Clerk Taylor Kittilson

APPROVAL OF AGENDA: There were no changes to the agenda as presented.

APPROVAL OCTOBER 15, 2020 MINUTES: Motion by Commissioner Stark and seconded by Commissioner Scott to approve the October 15, 2020 Minutes. Upon roll call vote, motion passed 4 – 1, with Commissioner Conroy abstaining.

CONSIDERATION OF DEAN ANNEXATION:

Planner Maureen Welsh presented the proposed annexation. The applicants Jefferey and Anne Dean (6827 Aggregate Boulevard, Frederick, CO, 80516) were present.

Motion by Commissioner Stark and seconded by Commissioner Scott to approve PCR-2020- 16A. Upon roll call vote, motion passed unanimously.

CONSIDERATION OF HEPP FARM SUBDIVISION AMENDMENT REZONE:

Planner Maureen Welsh presented the proposed amendment rezone. The applicants Sarah Gooch and Brent Gooch (9751 Silver Birch Boulevard Frederick, CO, 80504) were present and addressed the commission.

Motion by Commissioner Scott and seconded by Vice Chair teVelde to approve PCR-2020- 17A. Upon roll call vote, motion passed unanimously.

CONSIDERATION OF SILVERSTONE FILING 1 & 4 REPLAT B AND VACATION OF RIGHT-OF- WAY:

Planner Ali van Deutekom presented the consideration. Jon Lee (2500 Arapahoe, Suite 220, Boulder, CO) was present and addressed the commission. Planner Ali van Deutekom corrected her report to indicate 11 lots would be added in Silverstone Filing 1 Replat B.

At 6:27, Commissioner Scott exited the meeting. He rejoined the meeting at 6:29.

Built on What Matters. 19 November 2020 Page 2 of 2

At 6:34 Chairperson Moe opened the public hearing.

At 6:35 Chairperson Moe closed the public hearing.

Motion by Commissioner Stark and seconded by Commissioner Conroy to approve PCR- 2020-18A. Upon roll call vote, motion passed unanimously.

OTHER BUSINESS:

There being no further business of the Planning Commission, Chairperson Moe adjourned the meeting at 6:38 PM.

Approved by the Planning Commission:

______Tracy Moe, Chairperson

ATTEST:

______Taylor Kittilson, Deputy Town Clerk

TOWN OF FREDERICK, COLORADO RESOLUTION NO. 20-R-83- A

A RESOLUTION OF THE TOWN OF FREDERICK, COLORADO, REGARDING THE FINAL PLAT OF SILVERSTONE FILING NO. 1 REPLAT B, THE VACATION OF CERTAIN ALLEYS AND STREETS IN SILVERSTONE FILING NO. 1 AND THE FINAL PLAT OF SILVERSTONE FILING NO. 1 REPLAT B AND ADOPTING CERTAIN FINDINGS OF FACT AND CONCLUSIONS.

WHEREAS, on November 19, 2020, the Town of Frederick Planning Commission reviewed the application of Richmond American Homes of Colorado, Inc. and Silverstone Metropolitan District 2 (collectively, “Applicant”) for the replat of portions of Silverstone Filing No. 1 and Silverstone Filing No. 4, and the vacation of certain public right-of-way therein, and recommended approval of same without condition;

WHEREAS, on December 8, 2020, the Board of Trustees of the Town of Frederick, Colorado considered the application for the Final Plat of the following real property, to wit:

Silverstone Filing No. 1 and 4 Replat B, as more precisely described in the attached EXHIBIT A.

NOW THEREFORE, BE IT RESOLVED by the Board of Trustees of the Town of Frederick, Weld County, Colorado, that:

Section 1. Findings of Fact.

a. Notice of the public hearing to consider the Final Plat of the Silverstone Filing No. 1 and 4 Replat B Subdivision was published by posting on November 3, 2020, and published in the Longmont Times-Call on November 3, 2020. Both the posting and publication by newspaper took place more than 15 days before the date of the public hearing as required by The Frederick Land Use Code (“LUC”) Section 4.5.

b. Notice of the public hearing to consider the Final Plat was mailed to the owners of property within 500 feet of the boundary of the subject property on November 3, 2020, more than 15 days before the date of the public hearing, as required by LUC Section 4.5.

c. The public hearing before the Board of Trustees was held at the time and place as noticed and all those in attendance desiring to give testimony on the matter before the Board of Trustees were given that opportunity.

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d. During the public hearing, the Board of Trustees received and considered the recommendations made by the Frederick Planning Commission following its public meeting on the Final Plat on November 19, 2020.

e. Upon record evidence and testimony received during the public hearing, it is evident that the Final Plat conforms to the requirements of the Final Plat Review Criteria set out in LUC Section 4.9.1.c., in that: (1) It conforms to the approved preliminary plat; (2) It substantially complies with the applicable community design principles and development standards set out in LUC Article 2; (3) All applicable technical standards have been met; and (4) Current evidence of title is on file with the Town of Frederick.

f. Upon record evidence and testimony received during the public hearing, it is evident that the applicant’s application and supporting documents have been processed in compliance with the procedural requirements of LUC Article 4.

g. Upon testimony received during the public hearing, it is evident that the proposed Final Plat preserves the health, safety, welfare, and interest of the citizens of the Town of Frederick, Colorado.

h. The right-of-way vacation that is shown on the face of Silverstone Filing No. 1 Replat B, does not leave any land adjoining the right-of-way without an established public road or private access easement connecting said land with another established public road, and therefore the proposed vacation complies with C.R.S. § 43-2-303.

Section 2. Conclusions Regarding the Final Plat of Silverstone Filing No. 1 and 4 Replat B.

a. The proposed Final Plat of Silverstone Filing No. 1 and 4 Replat B complies with the applicable sections of the Frederick Land Use Code.

Section 3. Conclusions Regarding the Vacation of Right-of-Way.

a. The proposed vacation of right-of-way shown on the Final Plat of Silverstone Filing No. 1 Replat B is permissible under C.R.S. § 43-2-303, and is in the public interest.

Section 4. Effective Date. This resolution shall become effective immediately upon adoption.

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ATTEST: TOWN OF FREDERICK

By By Meghan Martinez, CMC, Town Clerk Tracie Crites, Mayor

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EXHIBIT A

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TOWN OF FREDERICK, COLORADO RESOLUTION NO. 20-R-83 B

WHEREAS, on November 19, 2020, the Town of Frederick Planning Commission reviewed the application of Richmond American Homes of Colorado, Inc. and Silverstone Metropolitan District 2 (collectively, “Applicant”) for the replat of portions of Silverstone Filing No. 1 and 4 and Silverstone Filing No. 4, and the vacation of certain public right-of-way therein, and recommended approval of same without condition;

WHEREAS, on December 8, 2020, the Board of Trustees of the Town of Frederick, Colorado considered the application for the Final Plat of the following real property, to wit:

Silverstone Filing No. 1 and 4 Replat B, as more precisely described in the attached EXHIBIT A.

NOW THEREFORE, BE IT RESOLVED by the Board of Trustees of the Town of Frederick, Weld County, Colorado, that:

Section 1. Findings of Fact.

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e. Upon record evidence and testimony received during the public hearing, it is evident that the Final Plat does not conform to one or more of the requirements of the Final Plat Review Criteria set out in LUC Section 4.9.1.c., in that: (1) [It does not conform to the approved preliminary plat]; (2) [It does not substantially comply with the following applicable community design principles and development standards set out in LUC Article 2:] (3) [It does not comply with the following applicable technical standards:] (4) [Current evidence of title is not on file with the Town of Frederick.]

g. Upon testimony received during the public hearing, it is evident that the proposed Final Plat does not preserves the health, safety, welfare, and interest of the citizens of the Town of Frederick, Colorado due to its failure to comply with applicable LUC standards as described in Section 1.e., above.

h. The right-of-way vacation that is shown on the face of Silverstone Filing No. 1 Replat B, is not in the public interest.

Section 2. Conclusions Regarding Final Plat of Silverstone Filing No. 1 and 4 Replat B.

a. The proposed Final Plat of Silverstone Filing No. 1 and 4 Replat B does not comply with the applicable sections of the Frederick Land Use Code.

Section 3. Conclusions Regarding the Vacation of Right-of-Way.

a. The proposed vacation of right-of-way shown on the Final Plat of Silverstone is not in the public interest and shall not be approved.

Section 4. Effective Date. This resolution shall become effective immediately upon adoption.

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INTRODUCED, READ, PASSED, AND SIGNED THIS 8th DAY OF DECEMBER 2020.

ATTEST: TOWN OF FREDERICK

By By Meghan Martinez, CMC, Town Clerk Tracie Crites, Mayor

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EXHIBIT A

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TOWN OF FREDERICK, COLORADO RESOLUTION NO. 20-R-83- C

WHEREAS, on November 19, 2020, the Town of Frederick Planning Commission reviewed the application of Richmond American Homes of Colorado, Inc. and Silverstone Metropolitan District 2 (collectively, “Applicant”) for the replat of portions of Silverstone Filing No. 1 and 4 and Silverstone Filing No. 4, and the vacation of certain public right-of-way therein, and recommended approval of same without condition;

WHEREAS, on December 8, 2020, the Board of Trustees of the Town of Frederick, Colorado considered the application for the Final Plat of the following real property, to wit:

Silverstone Filing No. 1 and 4 Replat B, as more precisely described in the attached EXHIBIT A.

NOW THEREFORE, BE IT RESOLVED by the Board of Trustees of the Town of Frederick, Weld County, Colorado, that:

Section 1. Findings of Fact.

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e. Upon record evidence and testimony received during the public hearing, it is evident that, provided that the Final Plat satisfies the conditions set out in Section 2, below, the Final Plat conforms to the requirements of the Final Plat Review Criteria set out in LUC Section 4.9.1.c., in that: (1) It conforms to the approved preliminary plat; (2) It substantially complies with the applicable community design principles and development standards set out in LUC Article 2; (3) All applicable technical standards have been met; and (4) Current evidence of title is on file with the Town of Frederick.

Section 2. Conditions for Approval:

a. The Final Plat of Silverstone Filing No. 1 and 4 Replat B shall be subject to the following conditions: (1) Condition 1 (2) Condition 2 (3) …. b. The vacation of right-of-way shown in the Final Plat of Silverstone Filing No. 1 Replat B shall be subject to the following conditions: (1) Condition 1 (2) Condition 2 (3) ….

Section 3. Conclusions Regarding Final Plat of Silverstone Filing No. 1 and 4 Replat B.

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a. The proposed Final Plat of Silverstone Filing No. 1 and 4 Replat B, provided that the Final Plat satisfies the conditions set out in Section 2, complies with the applicable sections of the Frederick Land Use Code.

Section 4. Conclusions Regarding the Vacation of Right-of-Way.

a. The proposed vacation of right-of-way shown on the Final Plat of Silverstone Filing No. 1 and 4 Replat Bis permissible under C.R.S. § 43-2-303, and, provided that the Final Plat satisfies the conditions set out in Section 2, is in the public interest and shall be approved.

Section 5. Effective Date. This resolution shall become effective immediately upon adoption.

Section 6. Repealer. All resolutions, or parts thereof, in conflict with this resolution are hereby repealed, provided that such repealer shall not repeal the repealer clauses of such resolution nor revive any resolution thereby.

Section 7. Certification. The Town Clerk shall certify to the passage of this resolution and make not less than one copy of the adopted resolution available for inspection by the public during regular business hours.

INTRODUCED, READ, PASSED, AND SIGNED THIS 8th DAY OF DECEMBER 2020.

ATTEST: TOWN OF FREDERICK

By By Meghan Martinez, CMC, Town Clerk Tracie Crites, Mayor

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EXHIBIT A

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TOWN OF FREDERICK, COLORADO ORDINANCE NO. 1346- A

AN ORDINANCE OF THE TOWN OF FREDERICK, COLORADO, APPROVING THE FINAL PLAT OF SILVERSTONE FILING NO. 1 REPLAT B, THE VACATION OF CERTAIN ALLEYS AND STREETS IN SILVERSTONE FILING NO. 1 AND THE FINAL PLAT OF SILVERSTONE FILING NO. 4 REPLAT B

WHEREAS, on November 19, 2020, the Town of Frederick Planning Commission reviewed the application (“Application”) of Richmond American Homes of Colorado, Inc. and Silverstone Metropolitan District 2 (collectively, “Applicant”) for the replat of portions of Silverstone Filing No. 1 and Silverstone Filing No. 4, and the vacation of certain public right-of-way therein, and recommended approval of same without condition;

WHEREAS, on December 8, 2020, the Board of Trustees of the Town of Frederick, Colorado considered the application for the Final Plat of the following real property, to wit: Silverstone Filing No. 1and 4 Replat B, as more precisely described in the attached EXHIBIT A.

WHEREAS, on December 8, 2020, the Board of Trustees of the Town of Frederick, Colorado approved Resolution No. _____, making certain findings and conclusions with regard to the Application, which are incorporated herein by this reference.

BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FREDERICK, COLORADO, AS FOLLOWS:

Section 1. The Final Plat of Silverstone Filing No. 1 and 4 Replat B is approved.

Section 2. The vacation of certain alleys and streets in Silverstone Filing No. 1 is hereby approved.

Section 3. Effective Date. This ordinance shall be published and become effective as provided by law.

Section 4. Severability. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining sections of the ordinance. The Town Board hereby declares that it would have passed the ordinance including each part, section, subsection, sentence, clause or phrase thereof, irrespective of the fact that one or more parts, sections, subsections, sentence, clauses or phrases are declared invalid.

Section 5. Repealer. All ordinances or resolutions and motions of the Board of Trustees of the Town of Frederick or parts thereof, in conflict with this ordinance are to the extent of such conflict hereby superseded and repealed, provided that such repealer shall not repeal the repealer clauses of such ordinance, resolution or motion, nor revive any ordinance, resolution or motion thereby.

INTRODUCED, READ, PASSED, ADOPTED AND ORDERED PUBLISHED THIS 8th DAY OF DECEMBER, 2020.

ATTEST: TOWN OF FREDERICK

By By Meghan Martinez, CMC, Town Clerk Tracie Crites, Mayor

Exhibit A LEGAL DESCRIPTION

TOWN OF FREDERICK, COLORADO ORDINANCE NO. 1346- C

AN ORDINANCE OF THE TOWN OF FREDERICK, COLORADO, APPROVING WITH CONDITIONS THE FINAL PLAT OF SILVERSTONE FILING NO. 1 REPLAT B, THE VACATION OF CERTAIN ALLEYS AND STREETS IN SILVERSTONE FILING NO. 1. AND THE FINAL PLAT OF SILVERSTONE FILING NO. 4 REPLAT B.

WHEREAS, on December 8, 2020, the Board of Trustees of the Town of Frederick, Colorado considered the application for the Final Plat of the following real property, to wit: Silverstone Filing No. 1 and 4 Replat B, as more precisely described in the attached EXHIBIT A.

BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FREDERICK, COLORADO, AS FOLLOWS:

Section 1. The Final Plat of Silverstone Filing No. 1 and 4 Replat B is approved, subject to the following conditions: a. Condition 1. b. Condition 2. c. …

Section 2. The vacation of certain alleys and streets in Silverstone Filing No. 1 is approved, subject to the following conditions: a. Condition 1. b. Condition 2. c. …

Section 3. Effective Date. This ordinance shall be published and become effective as provided by law.

Section 5. Repealer. All ordinances or resolutions and motions of the Board of Trustees of the Town of Frederick or parts thereof, in conflict with this ordinance are to the extent of such conflict

hereby superseded and repealed, provided that such repealer shall not repeal the repealer clauses of such ordinance, resolution or motion, nor revive any ordinance, resolution or motion thereby.

INTRODUCED, READ, PASSED, ADOPTED AND ORDERED PUBLISHED THIS 8th DAY OF DECEMBER, 2020.

ATTEST: TOWN OF FREDERICK

By By Meghan Martinez, CMC, Town Clerk Tracie Crites, Mayor

Exhibit A LEGAL DESCRIPTION

TOWN OF FREDERICK Board of Trustees Action Memorandum

Tracie Crites, Mayor Dan March, Mayor Pro Tem Rusty ONeal, Trustee Mark Lamach, Trustee Kevin Brown, Trustee Adam Mahan, Trustee Windi Padia, Trustee

To Consider a Resolution of Intent for the Dreamer’s Ridge Phase II Annexation and Zoning ______

Agenda Date: Town Board Meeting - December 8, 2020

Attachments: a. Applicant’s Letter of Intent b. Annexation Map c. Petition for Annexation

Finance Review: Finance Director

Submitted by: Maureen Welsh Planner I

Approved for Presentation: Town Manager

Quasi-Judicial Legislative Administrative

Summary Statement:

The Dreamer’s Ridge Phase II Annexation and Zoning application has been reviewed by referral agencies and been found sufficient to move forward with hearings on annexation and zoning. The following hearing dates will meet State Statute requirements for public hearings:

o Planning Commission, January 7, 2021, 6:00 p.m. o Board of Trustees, January 26, 2021, 7:00 p.m.

Vicinity Map:

Built on What Matters.

Detail of Issue/Request:

Our applicant, Bruce Nickerson, has requested annexation of this property. The property is located at the southwest corner of Aggregate Boulevard and Godding Hollow Parkway. The property is approximately 36.54 acres in size. The property is contiguous to existing Town boundaries on the north and east sides.

The application is in substantial compliance with the applicable requirements and eligible for annexation. Therefore, in accordance with Article 13.5.1.a of the Land Use Code, the Board of Trustees may, by the adoption of the resolution of intent to annex, set the annexation and zoning for public hearing on a specified date, time and place, not less than thirty days nor more than sixty days from the effective date of the resolution, subject to compliance with Section 31-12-108, C.R.S.

Legal Comments:

Eligibility for annexation shall be determined by conformity with the requirements of Sections 31-12-104 and 31-12-105, C.R.S., as amended and as determined by the Board of Trustees in its sole discretion. Furthermore, in accordance with the provisions of the Land Use Code, the Board of Trustees may annex the land by ordinance without election.

Authorization to proceed in scheduling public hearings for the proposed annexation and zoning does not obligate the Town to annex the site or vest any particular use. This authorization establishes the review schedule and determines the public hearing dates for the proposed annexation.

There are specific public notice requirements for annexations that will be met in accordance with the recommended hearing schedule. The annexation and zoning of the site is subject to review and approval through the applicable process as outlined in the Town’s Land Use Code and governed by State law.

The resolution has been approved by the Town Attorney.

Alternatives/Options:

The Board may authorize the request, deny the request, or make modifications based on any new information to further the intent of the Code and accommodate the unique features and circumstances of the site.

The proposed hearing dates comply with the public notice provisions of the Land Use Code.

Financial Considerations:

Not applicable.

Staff Recommendation:

Staff recommends approval of the attached Resolution setting the hearing dates as follows:

o Planning Commission, January 7, 2021, 6:00 p.m. o Board of Trustees, January 26, 2021, 7:00 p.m.

Dreamer’s Ridge Phase 2 2880 County Road 18 Weld County, CO 80504

November 25, 2019

Ali van Deutekom Frederick Planning Department 401 Locust Street Frederick, CO 80530

Dear Ali:

We are pleased to submit these applications for annexation, zoning and minor subdivision plat for the Dreamer’s Ridge Phase 2 property, which is also known as the Wright property. The property is located along and west of Aggregate Boulevard and along and south of Godding Hollow Parkway. The property proposed to be annexed is approximately 36.539 acres in size and is located within the Town of Frederick Comprehensive Plan annexation boundary. The Comprehensive Plan shows the planned land use for the property as Agriculture/Estate Residential. The zoning proposed for the annexation is residential R-E Estate District with is consistent with the Comprehensive Plan.

There are two existing buildings on the property. The existing single-family residential home is approximately 3,200 square feet in size and has four-sided architecture with a stone exterior. The elevations of the home are well articulated, which provides a very pleasing architectural style. The other building is a very well maintained and attractive metal equipment building, which is approximately 2,500 square feet in size.

The minor subdivision plat is proposed to create three lots. Lot 1 is proposed to be approximately 4.801 acres in size and is planned to be the lot for the existing home. Lot 2 is approximately 2.035 acres in size and will be the lot that the equipment building is located upon. Lot 3 is 28.243 acres in size and is planned for the development of future single-family homes that will be architecturally compatible with the existing single-family residential home on the property.

The size of the single-family residential lots that are planned to be developed on Lot 3 will be consistent with the R-E zoning and be a minimum of 15,000 square feet in size, except if they are located along open space in which case they would be a minimum of 10,000 square feet in size. These lot sizes will be attainable once the planned sanitary sewer line is extended to the property from the existing St. Vrain Sanitation District line which is currently located a few miles to the north.

Many thanks to Town Planning and Engineering staff for assisting us with understanding the Town’s process in our preparation of these application materials.

Ali van Deutekom November 25, 1999 Page 2

Please contact me if you have any questions while you review and prepare any comments you may have on these applications.

Sincerely,

Bruce Nickerson Applicant’s Representative

TOWN OF FREDERICK, COLORADO RESOLUTION NO. 20-R-86A

A RESOLUTION OF INTENT TO ANNEX CERTAIN PROPERTY IN WELD COUNTY, COLORADO TO THE TOWN OF FREDERICK, SAID ANNEXATION TO BE KNOWN AS THE “DREAMER’S RIDGE PHASE II ANNEXATION.”

WHEREAS, a petition for annexation of certain property has been filed with the Board of Trustees of the Town of Frederick by Jeffrey Wright.

WHEREAS, the Board of Trustees has reviewed the Petition;

WHEREAS, the Board of Trustees will permit consideration of the property for annexation and zoning, as requested in the petition.

BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FREDERICK, COLORADO, AS FOLLOWS:

Section 1. Initial Finding of Substantial Compliance. The petition, related to property that is legally described as provided in the attached Exhibit A (“Subject Property”), which is incorporated by reference as if fully set out herein, appears to be in substantial compliance with the requirements of applicable laws of the State of Colorado with respect to eligibility for annexation.

Section 2. Initial Finding that Election is Not Required. Based on the information available to the Board of Trustees at this time, it appears that an election is not required by Section 30(1)(a) of Article II of the Colorado Constitution and C.R.S. 31-12-107(2). Pursuant to C.R.S. §§ 31-12-107 and 31-12-111, the Board of Trustees finds that, on this record, the annexation may be accomplished by Ordinance.

Section 3. Terms and Conditions. No additional terms and conditions are to be imposed except those that are provided for in the petition.

Section 4. Date, Time, and Location of Formal Public Hearing. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexation complies with the applicable requirements of the Colorado Constitution and C.R.S. §§ 31-12-104 and 31-12-105, and will hold a public hearing to establish the appropriate zoning of the Subject Property as requested in the petition, at the Frederick Town Hall, 401 Locust, Frederick, Colorado 80530, at the following time and date:

7:00 P.M., January 26, 2021

Section 5. Public Input Allowed. Any person may appear at the public hearing scheduled pursuant to Section 4, above, and present evidence relative to the proposed annexation or the proposed zoning.

Section 6. Determinations by Board of Trustees. Upon completion of the hearing, the Board of Trustees shall 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, if annexation is approved, the Board of Trustees will determine the appropriate zoning of the Subject Property.

Section 7. Formal Action by Board of Trustees. 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 shall pass one or more ordinances annexing the Subject Property into the Town of Frederick, and shall pass one or more ordinances zoning the Subject Property as required by the Town of Frederick Land Use Code.

Section 8. Effective Date. This resolution shall become effective immediately upon adoption.

Section 9. Repealer. All resolutions, or parts thereof, in conflict with this resolution are hereby repealed, provided that such repealer shall not repeal the repealer clauses of such resolution nor revive any resolution thereby.

Section 10. Certification. The Town Clerk shall certify to the passage of this resolution and make not less than one copy of the adopted resolution available for inspection by the public during regular business hours.

INTRODUCED, READ, PASSED AND ADOPTED THIS 8th DAY OF DECEMBER, 2020.

ATTEST: TOWN OF FREDERICK

By By Meghan Martinez, CMC, Town Clerk Tracie Crites, Mayor

EXHIBIT A

TOWN OF FREDERICK, COLORADO RESOLUTION NO. 20-R-86B

A RESOLUTION OF INTENT NOT TO ANNEX CERTAIN PROPERTY COMMONLY KNOWN AS “DREAMER’S RIDGE PHASE II ANNEXATION,” LOCATED IN WELD COUNTY, COLORADO, INTO THE TOWN OF FREDERICK,

WHEREAS, a petition for annexation of certain property has been filed with the Board of Trustees of the Town of Frederick by Jeffrey Wright.

WHEREAS, the Board of Trustees has reviewed the Petition;

WHEREAS, the Board of Trustees will not permit consideration of the property for annexation and zoning, as requested in the petition.

BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FREDERICK, COLORADO, AS FOLLOWS:

Section 1. Initial Finding of Noncompliance. The petition, related to property that is legally described as provided in the attached Exhibit A (“Subject Property”), which is incorporated by reference as if fully set out herein, appears not to be in substantial compliance with the requirements of applicable laws of the State of Colorado with respect to eligibility for annexation. Accordingly, the Board of Trustees will not further consider the annexation and zoning of the Subject Property at this time.

Section 2. Effective Date. This resolution shall become effective immediately upon adoption.

INTRODUCED, READ, PASSED AND ADOPTED THIS 8th DAY OF DECEMBER, 2020.

ATTEST: TOWN OF FREDERICK

By By Meghan Martinez, CMC, Town Clerk Tracie Crites, Mayor

EXHIBIT A