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Department of Community Development
Reference: The Lakes Metropolitan District Nos 5 and 6
To: Mayor Richard N. McLean and Members of City Council
Through: Philip Rodriguez, City Manager
Marv Falconburg, AICP, Assistant City Manager
Holly Prather, AICP, Community Development Director
Prepared By: Lauren Simmons, AICP, Senior Planner
Date Prepared: December 11, 2017
PURPOSE
Pursuant to Article 1, Title 32, Colorado Revised Statutes, as amended, the City of Brighton has the authority to approve service plans for special districts (also known as metropolitan or simply metro districts) that are organized within the City’s boundaries and now has before it a proposal for amended and restated service plan for The Lakes Metropolitan District Nos. 1, No. 3 and No. 4 and the service plan for The Lakes Metropolitan District Nos. 5 and 6.
BACKGROUND
This item was first received by City staff on October 19, 2017 to review using the recently adopted Model Service Plan. The plan submitted is in a multiple district format as the applicant desires to create four new districts that are planned to have distinct boundaries.
The formal applicant, the districts’ organizer, is Brighton Lakes LLC, and their team is additionally comprised of counsel, McGeady Becher P.C., financial advisor, D.A. Davidson and Co., and engineering firm, Atwell, LLC.
CRITERIA BY WHICH COUNCIL MUST CONSIDER THE ITEM
Per the Special District Act, Article 1, Title 32 of the Colorado Revised Statues, service plans must include the following items:
• Description of services,
• Financial information,
• Preliminary engineering or architectural survey showing how the services, are to be provided,
• Map of boundaries,
• Estimated population at build-out,
• Estimated assessed valuation at build-out,
• General description of facilities to be constructed,
• Estimated costs of land acquisition, engineering, legal and administrative costs, and costs related to the organization and initial operation of the district,
• Description and form of any proposed Intergovernmental Agreements (IGAs), and
• Other information set by State Statutes or required by the approving jurisdiction(s).
PUBLIC NOTICE AND INQUIRY
Notice of the public hearing was published in the November 15, 2017 edition of the Brighton Standard Blade. As of the date of this report, City staff has not received any public comment on the matter.
SUMMARY OF FINDINGS
City staff has reviewed the service plan along with Sally Tasker of Butler Snow, LLP and Ehlers & Associates, Inc. Butler Snow offers specialization in metro district formation and Ehlers offers experience in metro district financial review.
The submitted service plan addresses all items required by State Statue to be included in service plans, and it aligns with the Model Service Plan adopted by City Council this year. There were minor language changes made to accommodate the multiple district structure, but these caused no substantive revisions. Specifically mill levy caps, audit, reporting, meeting location, and notification requirements are outlined according to the model service plan.
The service plan that has been submitted is generally acceptable, City staff has worked with the applicant to outline the required public improvements, which are included in the Plan and the Inter-Governmental Agreement (IGA), included as part of the new model service plan. The required improvements are generally 144th Avenue, Sable Boulevard, Chambers Road, 140th Avenue, 19th Street and 136th Avenue and all onsite and required off-site improvements for water, sewer and storm drainage.
FINANCIAL IMPACT
The City and the district have agreed on a capital plan for amended district 1, and amended 3 and 4, and new districts 5 and 6 for $76,086,914.26 of total infrastructure costs that the districts will be responsible for in order to design and construct the Brighton Lakes Subdivision.
STAFF RECOMMENDATION
Staff is recommending adoption of the resolution approving the amended and restated service plan for The Lakes Metropolitan District Nos. 1, No. 3 and No. 4 and the service plan for The Lakes Metropolitan District Nos. 5 and 6 and associated IGAs.
OPTIONS FOR COUNCIL CONSIDERATION
• Approve the Resolution as drafted;
• Approve the Resolution with changes;
• Continue the item to a date certain; or
• Deny the Resolution as drafted.
ATTACHMENTS
• Resolution (Draft)
• Service Plan with Exhibits (Draft)
• Proposed District Map as provided by applicant