HomeMy WebLinkAbout20082875.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
OCTOBER 27, 2008
The Board of County Commissioners of Weld County, Colorado, met in regular session in full conformity
with the laws of the State of Colorado at the regular place of meeting in the Weld County Centennial
Center, Greeley, Colorado, October 27, 2008, at the hour of 9:00 a.m.
ROLL CALL: The meeting was called to order by the Chair and on roll call the following members were
present, constituting a quorum of the members thereof:
Commissioner William H. Jerke, Chair
Commissioner Robert D. Masden, Pro-Tem
Commissioner William F. Garcia
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Elizabeth Strong
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Rademacher moved to approve the minutes of the Board of County
Commissioners meeting of October 22, 2008, as printed. Commissioner Masden seconded the motion,
and it carried unanimously.
READ ORDINANCE BY TAPE: Commissioner Garcia moved to read Code Ordinances #2008-13 and
#2008-16 by tape. Commissioner Masden seconded the motion, which carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Masden moved to approve the Consent Agenda as printed.
Commissioner Rademacher seconded the motion, and it carried unanimously.
PRESENTATIONS:
RECOGNITION OF SERVICES, WELD COUNTY COMMUNITY CORRECTIONS BOARD - AL
ARRIESSECQ: Chair Jerke read the certificate into the record, recognizing Al Arriessecq for three years
of services with the Weld County Community Corrections Board.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
BIDS:
CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE - LOT 4, SW1/4NW1/4 OF S4, T8N, R59W
(85.07 ACRES): Donald Warden, Director of Finance and Administration, stated bids which were the
2008-2875
BC0016
second highest and bids for an amount within 10 percent of the high bid may participate in the oral auction.
With the two top bidders participating in the auction, Transcontinent Oil Company raised its amount to
$111.00 per net mineral acre, at which point David Holt declined to bid. Commissioner Masden moved to
accept said high bid from Transcontinent and authorize the Chair to sign said lease. Seconded by
Commissioner Rademacher, the motion carried unanimously.
CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE- LOT 1, S5,T8N, R59W(45.43 ACRES): With
the two top bidders participating in the auction, Transcontinent Oil Company raised its amount to $111.00
per net mineral acre, at which point David Holt declined to bid. Commissioner Masden moved to accept
said high bid from Transcontinent Oil Company and authorize the Chair to sign said lease. Seconded by
Commissioner Rademacher, the motion carried unanimously.
CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE-SE1/4NE1/4 OF S5, T8N, R59W(40 ACRES):
With the two top bidders participating in the auction, Transcontinent Oil Company raised its amount to
$111.00 per net mineral acre, at which point David Holt declined to bid. Commissioner Masden moved to
accept said high bid from Transcontinent Oil Company and authorize the Chair to sign said lease.
Seconded by Commissioner Rademacher, the motion carried unanimously.
CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE - S1/2S1/2NW1/4 OF S5, T8N, R59W
(40 ACRES): With the two top bidders participating in the auction, Transcontinent Oil Company raised its
amount to$111.00 per net mineral acre, at which point David Holt declined to bid. Commissioner Masden
moved to accept said high bid from Transcontinent Oil Company and authorize the Chair to sign said lease.
Seconded by Commissioner Rademacher, the motion carried unanimously.
CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE-S1/2NE1/4, PT N1/2NE1/4 AND SE1/4NW1/4,
1/4,
PT NE1/4NW1/4 OF S6, T8N, R59W (123 ACRES): With the two top bidders participating in the auction,
Transcontinent Oil Company raised its amount to $112.00 per net mineral acre, at which point David Holt
declined to bid. Commissioner Masden moved to accept said high bid from Transcontinent Oil Company
and authorize the Chair to sign said lease. Seconded by Commissioner Rademacher, the motion carried
unanimously.
CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE- S1/2 OF S8, T8N, R59W (320 ACRES): With
the two top bidders participating in the auction, Transcontinent Oil Company raised its amount to$112.00
per net mineral acre, at which point David Holt declined to bid. Commissioner Masden moved to accept
said high bid from Transcontinent Oil Company and authorize the Chair to sign said lease. Seconded by
Commissioner Rademacher, the motion carried unanimously.
CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE-NE1/4 OF S8,T8N, R60W(160 ACRES): With
the two top bidders participating in the auction, Transcontinent Oil Company raised its amount to $170.00
per net mineral acre, at which point David Holt declined to bid. Commissioner Masden moved to accept
said high bid from Transcontinent Oil Company and authorize the Chair to sign said lease. Seconded by
Commissioner Rademacher, the motion carried unanimously.
CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE - E1/2NW1/4 OF S8, T8N, R60W (80 ACRES):
With the two top bidders participating in the auction, Transcontinent Oil Company raised its amount to
$165.00 per net mineral acre, at which point David Holt declined to bid. Commissioner Masden moved to
accept said high bid from Transcontinent Oil Company and authorize the Chair to sign said lease.
Seconded by Commissioner Rademacher, the motion carried unanimously.
CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE - SW1/4 OF S15, T8N, R60W (160 ACRES):
With the two top bidders participating in the auction, Transcontinent Oil Company raised its amount to
Minutes, October 27, 2008 2008-2875
Page 2 BC0016
$165.00 per net mineral acre, at which point David Holt declined to bid. Commissioner Masden moved to
accept said high bid from Transcontinent Oil Company and authorize the Chair to sign said lease.
Seconded by Commissioner Rademacher, the motion carried unanimously.
CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE - NE1/4 OF S17, T8N, R60W (160 ACRES):
With the two top bidders participating in the auction, Transcontinent Oil Company raised its amount to
$165.00 per net mineral acre, at which point David Holt declined to bid. Commissioner Masden moved to
accept said high bid from Transcontinent Oil Company and authorize the Chair to sign said lease.
Seconded by Commissioner Rademacher, the motion carried unanimously.
CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE - NW1/4 OF S20, T8N, R60W (160 ACRES):
With the two top bidders participating in the auction, Transcontinent Oil Company raised its amount to
$170.00 per net mineral acre, at which point David Holt declined to bid. Commissioner Masden moved to
accept said high bid from Transcontinent Oil Company and authorize the Chair to sign said lease.
Seconded by Commissioner Rademacher, the motion carried unanimously.
CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE-S23, T8N, R61W (640 ACRES): With the two
top bidders participating in the auction, Transcontinent Oil Company raised its amount to $170.00 per net
mineral acre, at which point David Holt declined to bid. Commissioner Masden moved to accept said high
bid from Transcontinent Oil Company and authorize the Chair to sign said lease. Seconded by
Commissioner Rademacher, the motion carried unanimously.
CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE-W 1/2SE1/4 OF S20, T9N, R60W(80 ACRES):
With the two top bidders participating in the auction, Transcontinent Oil Company raised its amount to
$170.00 per net mineral acre, at which point David Holt declined to bid. Commissioner Masden moved to
accept said high bid from Transcontinent Oil Company and authorize the Chair to sign said lease.
Seconded by Commissioner Rademacher, the motion carried unanimously.
CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE-S1/2SE1/4 OF S21, T9N, R60W (80 ACRES):
With the two top bidders participating in the auction, Transcontinent Oil Company raised its amount to
$170.00 per net mineral acre, at which point David Holt declined to bid. Commissioner Masden moved to
accept said high bid from Transcontinent Oil Company and authorize the Chair to sign said lease.
Seconded by Commissioner Rademacher, the motion carried unanimously.
CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE-S1/2 OF S27, T9N, R60W(320 ACRES): With
the two top bidders participating in the auction, Transcontinent Oil Company raised its amount to $180.00
per net mineral acre, at which point David Holt declined to bid. Commissioner Masden moved to accept
said high bid from Transcontinent Oil Company and authorize the Chair to sign said lease. Seconded by
Commissioner Rademacher, the motion carried unanimously.
CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE - SE1/4 OF S30, T9N, R60W (160 ACRES/80
MINERAL ACRES): With the two top bidders participating in the auction, Transcontinent Oil Company
raised its amount to$205.00 per net mineral acre,at which point David Holt declined to bid. Commissioner
Masden moved to accept said high bid from Transcontinent Oil Company and authorize the Chair to sign
said lease. Seconded by Commissioner Rademacher, the motion carried unanimously.
CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE - NE1/4 OF S31, T9N, R60W (160 ACRES):
With the two top bidders participating in the auction, Transcontinent Oil Company raised its amount to
$210.00 per net mineral acre, at which point David Holt declined to bid. Commissioner Masden moved to
accept said high bid from Transcontinent Oil Company and authorize the Chair to sign said lease.
Seconded by Commissioner Rademacher, the motion carried unanimously.
Minutes, October 27, 2008 2008-2875
Page 3 BC0016
CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE - LOTS 3 AND 4, E1/2SW1/4 OF S31, T9N,
R60W (160 ACRES): With the two top bidders participating in the auction, David Holt raised his amount
to $215.00 per net mineral acre, at which point Transcontinent Oil Company declined to bid.
Commissioner Masden moved to accept said high bid from Mr Holt and authorize the Chair to sign said
lease. Seconded by Commissioner Rademacher, the motion carried unanimously.
NEW BUSINESS:
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - PCC COMPOSITES: Brenda
Dones, Assessor's Office, stated the abatement is for a personal property account. Ms. Dones stated a
declaration was erroneously filed by the tax agent in 2007 and in 2008 the tax agent filed a declaration
stating the business was closed in 2006. She stated a copy of the lease termination was provided by the
tax agent and it indicated the business consolidated into one location, rather than two. Ms. Dones stated
the actual value was $931,333.00, and the tax abatement is in the amount of$22,291.88. Commissioner
Rademacher moved to approve said abatement, based upon staff's recommendation. Seconded by
Commissioner Garcia, the motion carried unanimously.
CONSIDER GRANT AWARD FOR QUALISTAR RATING PROJECT AND AUTHORIZE CHAIR TO SIGN-
TEMPLE HOYNE BUELL FOUNDATION: Mr. Warden stated the grant award is in the amount of
$8,840.00 and is for the purpose of rating the Head Start Programs in the cities of Gilcrest, Greeley, and
Platteville, which will potentially qualify the locations for reimbursement of certain expenses. In response
to Chair Jerke, Mr. Warden stated the funds will also be used to complete improvements to the Head Start
facilities. Commissioner Long moved to approve said grant award and authorize the Chair to sign.
Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER MEMORANDUM OF UNDERSTANDING FOR COLORADO WORKS AND COLORADO
CHILD CARE ASSISTANCE PROGRAMS AND AUTHORIZE CHAIR TO SIGN: Mr. Warden stated this
is a Memorandum of Understanding with the State to provide Colorado Works and Colorado Child Care
Assistance Programs. He stated the term of the agreement is July 1, 2008, through June 30, 2009.
Commissioner Rademacher moved to approve said memorandum and authorize the Chair to sign.
Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 40 BETWEEN CRS 33 AND 35: Janet Carter, Department
of Public Works, stated the closure will commence November 3, 2008, through November 7, 2008.
Ms. Carter stated there will be three miles of gravel roadway on the detour route, which will be treated with
water for dust control. She stated the average daily traffic count is 99 vehicles, and road signs and
barricades will be placed to advise drivers of the closure. Commissioner Garcia moved to approve said
temporary closure. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER AGREEMENT FOR RELOCATION OF ELECTRICAL FACILITIES AND AUTHORIZE CHAIR
TO SIGN - POUDRE VALLEY RURAL ELECTRIC ASSOCIATION: Michael Bedell, Department of Public
Works, stated the agreement is necessary due to the Bridge 13/54A Replacement Project. Mr. Bedell
stated Poudre Valley Rural Electric Association has an easement on a forty-foot strip of property the
County acquired through a donation from Colson Excavating. He stated the easement existed prior to the
property acquisition; therefore, the County must compensate Poudre Valley Rural Electric Association for
the costs of relocating its electrical facilities. He further stated since the bridge replacement is a Federal 8
Project, the Colorado Department of Transportation (CDOT) will be funding eighty percent of the project
costs, Larimer County will fund 10 percent of the costs, and Weld County will be responsible for 10 percent
of the costs. In response to Commissioner Rademacher, Mr. Bedell stated the total cost of the relocation
will be $25,450.00 and Weld County will pay 10 percent of the expense. Commissioner Rademacher
moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Masden,
the motion carried unanimously.
Minutes, October 27, 2008 2008-2875
Page 4 BC0016
CONSIDER AGREEMENT FOR RELOCATION OF POTABLE WATER FACILITIES AND AUTHORIZE
CHAIR TO SIGN - LITTLE THOMPSON WATER DISTRICT: Mr. Bedell stated this agreement is also
related to the Bridge 13/54A Replacement Project, and it is to relocate a waterline which is presently
located under a river. He stated the Little Thompson Water District previously obtained an easement from
Colson Excavating and the County's Bridge Replacement Project will cause an existing fire hydrant to be
relocated and the steel casing surrounding the water line will need to be extended. He further stated the
cost of project will not exceed $41,460.00, and Weld County will be responsible for 10 percent of the costs.
Commissioner long moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Masden, the motion carried unanimously.
CONSIDER APPOINTMENT OF DIRECTOR OF ADMINISTRATION AS HEARING OFFICER FOR
APPEALS OF CASES INVOLVING VEHICLES TOWED PURSUANT TO WELD COUNTY SHERIFF'S
OFFICE POLICY: Bruce Barker, County Attorney, stated when a vehicle is towed, the vehicle owner may
appeal the cost of towing. He stated the Personnel Department has typically considered these appeals;
however, the Director of Administrative Services, Monica Mika, has been appointed to consider this case
and future appeals. Commissioner Rademacher moved to approve said appointment. Seconded by
Commissioner Masden, the motion carried unanimously.
CONSIDER CANCELLATION OF BOARD OF COUNTY COMMISSIONERS MEETING SCHEDULED FOR
DECEMBER 3, 2008: Commissioner Masden moved to approve said cancellation of meeting.
Commissioner Rademacher seconded the motion. Chair Jerke stated the reason the meeting will be
cancelled is the Commissioners will be attending a conference out of town. There being no further
discussion, the motion carried unanimously.
PLANNING:
CONSIDER VACATION OF USR #1472 - STEVE AND JOJOMICHELLE POMEROY: Michelle Martin,
Department of Planning Services, stated staff received a letter via fax requesting withdrawal of the Use
by Special Review application for a kennel due to the applicant not being able to complete the Conditions
of Approval. In response to Commissioner Rademacher, Ms. Martin stated she was informed Steve and
JojoMichelle Pomeroy's business will be moving to a different location and will be closed for business at
the present location as of October 31, 2008. She stated staff will verify if all of the dogs have been
removed from the present location after October 31, 2008. Steve and JojoMichelle Pomeroy were not
present. In response to Chair Jerke, Ms. Martin stated she is unaware whether the Pomeroys are
relocating within Weld County and if they will pursue another Use by Special Review Permit through the
Weld County Department of Planning Services. Commissioner Masden moved to approve said vacation.
Seconded by Commissioner Long, the motion carried unanimously.
FIRST READING OF WELD COUNTY CODE ORDINANCE#2008-13, IN THE MATTER OF REPEALING
AND REENACTING, WITH AMENDMENTS, CHAPTER 22 COMPREHENSIVE PLAN, OF THE WELD
COUNTY CODE: Brad Mueller, Director of the Department of Planning Services, thanked the staff from
the Departments of Planning Services and Public Works who worked on the Ordinance and the citizens
who participated in the process. Mr. Mueller presented a power point slide show. He stated Weld County
is part of a merging megapolitan area, which is defined as two metropolitan areas with the potential to
have over 400,000 people by the year 2035. He stated Weld County is the only area categorized as part
of a merging megapolitan area which is not coastal or located near the Great Lakes. Mr. Mueller stated
Weld County is projected to double its population by the year 2035. He stated two thirds of the permanent
population relocating to Weld County is coming from other portions of the State, rather than from other
states. Mr. Mueller stated the Weld County Comprehensive Plan is used to aid in decision making,
creating regulations and policies, defining community programs, outlining areas for planning studies, and
it serves as a source of census and demographic information. He stated the Comprehensive Plan is
intended to be a living document, subject to continually being revised. He further stated the
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Comprehensive Plan recognizes long term goals; however, pieces of the plan are implemented each day
through land use decisions, yearly budgets, community programs, and by various other means and
mechanisms. Mr. Mueller stated the basic construction of the Comprehensive Plan includes goals,
policies, and procedures. He stated goals are ideals which are to be strived for but may not always be
completely realized, policies are mechanisms the County adopts to assist with decision making, and the
recommended strategies are a new component of the Comprehensive Plan and are intended to suggest
actions which may fulfill particular policies implementation. Commissioner Long stated there are alternative
acceptable strategies to the strategies identified in the Comprehensive Plan. Mr. Mueller concurred with
Commissioner Long. He stated there are two mechanisms in the Comprehensive Plan allowing for
change. He stated the first mechanism is any individual will be permitted to present recommendations for
changes to the Board twice per year and the second is for the Comprehensive Plan to be reviewed every
ten years or fewer. Mr. Mueller stated the Comprehensive Plan is consistent with the Weld County Code
and State laws. He stated throughout the process public open house meetings were held; a Technical
Advisory Committee (TAC) was created, which consisted of 13 members who represented various
government, industry, and geographic interests; and a website forum was created, which has generated
more than 10,000 hits. He further stated a formal referral process was created and sent to 470 agencies,
to allow input from them, and some key organizations, including municipalities and some school districts,
were contacted at a much earlier point in the process. Mr. Mueller stated some of the checks and
balances in place included monitoring the process by checking TAC's progress, conducting work sessions
with the Planning Commission, and consulting with other counties' Planning Departments. He stated the
goals for the revised Comprehensive Plan included making it more concise and making it more user
friendly for professionals, policy makers, and the public. He stated goals for Article 1 of the
Comprehensive Plan included making the overview more concise, clarifying the use of the guiding
principles,making the amendment process more concise,and addressing Mixed Use Development(MUD)
areas, which will potentially be renamed Regional Urbanization Areas (RUA). Mr. Mueller stated it has
been determined the guiding principles will serve as a yardstick for how the goals and policies in the
document are measured, and any goal or policy will be consistent with the guiding principles. He stated
Article II is the largest article and addresses a wide variety of land use categories. He stated the
Agriculture section of Article II has numerous changes, including a shift from emphasizing the use of
agricultural land to addressing agriculture as an industry, the inclusion of ranching and dryland farming,
and addressing water deficits for irrigated lands. Mr. Mueller stated there was much discussion regarding
the Right-to-Farm laws,which were one of the critical components added to the Comprehensive Plan when
it was last revised in the year 2000, and were a result of a eighteen month long Agricultural Committee
Review. He stated there is a recommendation to encourage a 35-acre minimum lot size for farming;
however, like various other recommendations in the Comprehensive Plan, it is only a goal until changes
are made to the County Subdivision and/or Zoning laws. He further stated there is also a recommendation
to review some of the dedication requirements associated with splitting land. Mr. Mueller stated Urban
Development is another large section in the Comprehensive Plan. He stated there is a strong desire from
staff to affirm a preference for urban-scale development to occur in municipalities and other appropriate
places, which is expressed in this section and throughout the Comprehensive Plan. He stated there have
been efforts made to clearly explain the land use planning terms in this section. Mr. Mueller stated this
section supports increased and proactive coordination among counties and municipalities. He stated urban
and rural development goals and policies are designed to accommodate all types of development. He
stated there is a goal to create intergovernmental agreements with each municipality, and the
Comprehensive Plan specifies suggestions for intergovernmental agreement items. Mr. Mueller stated
the list was developed using the Best Practices ideas from the Department of Local Affairs (DOLA), and
the ideas support unincorporated residents interests. He stated when an intergovernmental agreement
does not exist with a municipality, the County defined Urban Growth Boundaries (UGB) are used to
encourage urban development in existing urban areas. He stated there is a recommendation to change
the definition from one-half mile to one-quarter mile regarding infrastructure within municipalities. He
further stated the Urban Development section overall strives to emphasize practical regional coordination.
Minutes, October 27, 2008 2008-2875
Page 6 BC0016
Mr. Mueller stated the Industrial section of the Comprehensive Plan has few changes, which include
recognizing economic development opportunities, in particular, railway opportunities. He stated the
Commercial section does not contain many changes and strives to clarify neighborhood commercial and
developed areas. Mr. Mueller stated in the Residential section there is a significant change regarding the
definitions of agricultural, rural, and urban residential areas. He stated rural residential areas are currently
defined as containing nine lots or fewer and will be categorized according to density rather than the number
of lots. He stated the precise density will need to be identified in the Weld County Code. He further stated
to illustrate the change in the policy, if one presently has 1,000 acres which are divided into ten lots, the
area will be categorized as urban development; however, the urban development definition has created
processing problems for these types of developments. He stated the proposal is to allow three-acre lots
on a septic system and require 1.5 acre lots are on a sewer system. Mr. Mueller stated Weld County has
approximately 1/5 of its population in unincorporated areas and 4/5 of its population in incorporated areas,
which is comparable with other counties throughout the Front Range. He reiterated MUDs are
recommended to be renamed RUAs and there will be more specific and explicit language regarding
recognizing the potential and criteria for new RUAs, and there is more information regarding the role of
employment in creating RUAs. He stated Article III concerns land use amenities and a comprehensive
Master Transportation Plan is being proposed in this section. Mr. Mueller stated Article 4 concerns
environmental resources, and water will be emphasized as a beneficial use, not only as a resource to be
protected, and there is discussion regarding water rights. He stated there will also be more specific
language regarding supporting water storage. Mr. Mueller stated the next article is concerning natural
resources and emphasizes a willing buyer and seller transaction and encourages private and public
interests regarding open space efforts. He stated parks and recreation will be defined as a different type
of open space. He stated another point of discussion was recognizing open space is subject to
interpretation. He stated many of the goals and policies for mineral resources were reiterated, as well as
stating the importance of using gravel mines for recreation, water storage, or potential residential
development after the mines are not being used any longer. He stated there are many of the same policies
regarding oil and gas, with some stronger language regarding discouraging any increase in the size of
default drilling windows being increased due to the significant impacts to surface owners. He further stated
this section was expanded to include many types of resources, including soil,grassland,archeological and
historical resources, and alternative energy resources such as wind and solar energy. Mr. Mueller stated
the final article is regarding Economic Development and it is a completely new article in the Comprehensive
Plan which offers specific goals and policies for the County to continue to perform as an economic leader.
He stated the appendix has historically been adopted as part of the Weld County Comprehensive Plan and
staff is requesting it not be adopted with the plan so administrative changes may be made without being
presented to the Board. He stated some ideas for the future of the plan include cooperation, coordination,
creating public value, and providing predictability and flexibility. Chair Jerke stated when Mr. Mueller was
speaking about oil and gas he stated the County will be taking a stance against higher intensity or denser
spacing and he wants to ensure the language will allow flexibility as new technology arises and
opportunities to obtain fuels arise. Mr. Mueller stated staff will examine the language;however, he believes
the language only refers to minimizing damage to surface estates and it should not preclude bottom hole
spacing regulations.
Joe Gerdom, County Resident, stated he owns a small business related to planning and he has worked
with numerous counties. Mr. Gerdom thanked the Department of Planning Services for the time staff has
provided. He stated a RUA will serve less than 10 percent of the County and will increase taxes for over
80 percent of the County, and a study costing $100,000.00 was conducted by the County and arrived at
the same conclusion. Mr. Gerdom requested the Board continue this matter until after the new Board is
in place after elections. He stated RUAs will undermine the basis for valuation, and his taxes have
increased each of the three years he has been a Weld County resident. He further requested the UGB
be left at 1/2 mile for sewer lines, rather than 1/4 mile, and that the definition for"rural" remains the same.
He stated the current definition for rural is property over 3.2 acres,which is consistent with the US Census
Minutes, October 27, 2008 2008-2875
Page 7 BC0016
and the State's definitions of rural land, and it has been proposed that the number of acres be reduced,
which he is not in favor of. Mr. Gerdom stated private property rights are only one matter to be
considered, not the only matter. Commissioner Masden thanked Mr. Gerdom for attending and stated
when structuring requirements for new developments, the Board has strived to have new developments
pay their own way, similar to municipalities; for example, using metrodistricts to handle the tax burden of
providing adequate school districts, fire districts, and law enforcement. He stated he is perplexed as to
why Mr. Gerdom's taxes have gone up each year since Weld County taxes have decreased from 21 mills
to 16.8 mills, which is the largest reduction in County taxes in Weld County history; therefore,
Mr. Gerdom's property must have significantly appreciated in value. Commissioner Long stated he is
interested in reviewing Mr. Gerdom's documentation regarding RUAs. Mr. Gerdom stated even with metro
districts, the off-site satellite developments are never fully covered by the metro districts. He stated there
are costs associated with any new development; however, development within a municipality is more
compatible and efficient, rather than growth randomly distributed throughout the County. Commissioner
Long stated he would like to see the figures and he is interested in how much of an increase in County
services and costs is required when development occurs within a municipality.
Jim Woodward,Weld County property owner, requested a statement be added to the Comprehensive Plan
regarding uranium mining and processing. Mr. Woodward stated he is aware the Board may not discuss
specific permit applications; however, it is appropriate for the Board to consider legislative issues relating
to mining. He stated various cities within Colorado have passed resolutions pertaining to uranium mining
and processing. He further stated the resolutions cite potential detrimental economic and environmental
impacts as a result of uranium mining and processing. Mr. Woodward stated uranium mining and
processing is a matter of significant public concern within Weld County and should be specifically
addressed in the Weld County Comprehensive Plan and the Weld County Code. He stated he has
discussed the issue with many residents who are concerned about contamination of the land, crops,
animals, and groundwater. He further stated based on data from Wyoming, Texas, and New Mexico,
uranium mining and processing facilities have had significant environmental impacts on surrounding
surface and subsurface environments. Mr. Woodward stated unlike other minerals, there are unique
radiological and toxic hazards associated with uranium; therefore, if uranium is to be mined in Weld
County, there should be adequate buffer zones between the mining operations and adjacent farms,
residences, and other land uses. He stated buffer zones would serve to minimize the potential for
radiological and toxic contamination of land, air, surface water, and ground water from uranium and other
heavy mineral releases. Mr. Woodward stated he would like to propose the following statement be added
to the Comprehensive Plan under Section 22-5-80, Goal 3, General Commercial Mineral Deposits and/or
Mineral Resources Goals and Policies: "Minimize the impacts of surface and subsurface mining activities
on the surrounding land, land uses, roads, and highways." He further stated he would like the
Comprehensive Plan to state: "Ensure that uranium mining and processing facilities are located at a
sufficient distance from other land uses to minimize the impacts of any radiologic and toxic releases to the
surface and sub-surface environments." He stated there is currently no mention of buffer zones between
uranium mining and processing facilities and adjacent land uses in the Weld County Code nor the
Comprehensive Plan. Mr. Woodward submitted a summary of his comments into the record, marked
Exhibit A.
Rosalee Heberson, Brighton resident, stated she is concerned open space will not be a requirement of
Weld County residential land approvals since Todd Creek Development is expanding west. She stated
she is also concerned regarding what standards will be imposed regarding ponds. Mr. Mueller stated there
are numerous policies under Section 22-5-70 which address Ms. Heberson's concern about ponds, for
example, it states, "Provide for timely reclamation of all mining sites and promote their beneficial use". He
stated the State requires a reclamation plan be in place and the County's policies are not intended to
duplicate the State's, instead to provide additional guidelines. He further stated Policy 5.6 states,"Promote
the re-use of reclaimed alluvial mineral deposit quarries for recreation", and Policy 5.7 states, "Encourage
Minutes, October 27, 2008 2008-2875
Page 8 BC0016
the reservation of surface rights on water storage facilities that can later be sold, leased, or donated for
recreational uses." Mr. Mueller stated Policy 5.8 states "Promote the reuse of reclaimed aggregate
quarries for water storage and Policy 5.9 states, "Encourage the use of water storage facilities by Weld
County water providers." He stated Policy 5.10 states, "Allow, where possible, residential or commercial
uses adjacent to water storage facilities and Policy 5.11 states, "Consider public uses on lands adjacent
to water storage facilities." He further stated when there is a private entity, such as a gravel operator, the
County does not typically require these types of things; however, the policies are meant to promote the
practices. Ms. Heberson stated she is hearing the words"encourage"and"promote"repeatedly; however,
she is not hearing the words"have to". Chair Jerke stated the regulations come from the State Mining and
Reclamation Board. In response to Ms. Heberson, Chair Jerke stated the Comprehensive Plan cannot
override the State regulations; however, the Weld County Code may be able to. Mr. Mueller stated the
Zoning and Subdivision Code provides more detailed language on these matters, and he is willing to meet
with Ms. Heberson to discuss the current language and how it may be enhanced. Ms. Heberson stated
she is interested in doing so since it seems Boulder County has stricter regulations than Weld County on
this matter. She stated revising the regulations to be more like Boulder County's will enhance the beauty
of Weld County. Ms. Heberson stated the Comprehensive Plan addresses septic matters for private
development lots; however, water is not addressed. Mr. Mueller stated the Comprehensive Plan does not
specify whether central or well water is required; however,the County Code does address when situations
are appropriate for either central or well water. He stated generally rural residential developments may
use well and septic systems; however, central water is required when it is available. Ms. Heberson stated
she is concerned about the level of underground reservoirs not receiving proper consideration prior to
building residential developments. Chair Jerke stated he has not approved any developments in his eight
years on the Board of Weld County Commissioners, in his recollection,with more than two lots for well and
septic use. He stated typically combined water sources are utilized such as North Weld Water, Central
Weld Water, or Little Thompson Water. Commissioner Masden stated matters concerning wells and
aquifers are typically State decisions. He stated during the drought, in 2002, the Board found decisions
regarding most water issues were not theirs to make. He further stated he was informed by Jim Hall, a
State engineer for the area during 2002, that no moratoriums would be enacted for wells since they do not
have a significant effect on the aquifer. Responding to Ms. Heberson, Chair Jerke stated a new state law
was passed this year to force water providers to prove the amount of water they have access to.
Jennifer Simmons, Planning Director for the Town of Frederick, thanked Mr. Mueller for being available
to answer questions for her regarding the Comprehensive Plan, and stated the Towns of Frederick and
Firestone, and the City of Dacono have submitted comments to the Weld County Planning Services staff.
She stated she wants to address one of the suggestions listed for intergovernmental agreements in the
Comprehensive Plan which suggests a joint Planning Board. Ms. Simmons stated this is not a realistic
concept since she typically hears from only one or two County residents when considering applications
affecting adjacent properties which are outside of the Town of Frederick. She stated an alternative solution
is for Weld County Planning Services staff to be made available at neighborhood meetings to individuals
willing to participate and their comments can be passed on through the County referral process.
Commissioner Masden stated it is a two-way street and inquired if the municipalities will follow the same
process for property owners on the parameters. Ms. Simmons stated this is currently the way it operates
in the Town of Frederick. She stated Weld County residents are welcome to submit comments and
participate in meetings; however, she is unaware of other municipalities policies. Commissioner Masden
stated he is happy to hear that,since not many municipalities permit County residents to submit input,even
when a matter affects them significantly. Chair Jerke stated sometimes communities make choices which
create costs to the County regarding matters such as low income housing and social services.
Doug Meyer, Greeley resident and farmer, stated Article 1 of the Comprehensive Plan states that the
Comprehensive Plan is a short range document and he inquired if it will be used as a basis for coordination
with Federal agencies. Mr. Meyer further inquired if the Comprehensive Plan can be amended as issues
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Page 9 BC0016
arise. Mr. Mueller stated individuals may bring proposed changes to the Comprehensive Plan before the
Board twice a year and every ten years, or as the Board deems necessary; it will be reviewed, and
amendments will be considered through a hearing process. Mr. Meyer stated in language previously
proposed for Article I, Section 22-1-20, it stated, "in addition to shallow and deep wells, made possible by
the existence of deep aquifers, are productive sources of irrigation water, and the development of these
resources and features has made agriculture an important industry in the County since the founding of the
Greeley Union Colony in 1870", and the statement has been removed from this revision. He stated he
does not want the farmers' property rights written out of the plan. Chair Jerke stated the Comprehensive
Plan will not remove anyone's property rights, and the irrigation wells referred to are administered by the
State. He stated he shares Mr. Meyer's concern regarding irrigation wells as he has three wells on his
property which he is unable to use. Mr. Meyer stated the recognition was in the Comprehensive Plan
previously and is opposed to its removal. Chair Jerke stated the Board will take his comments under
advisement. Mr. Meyer stated in Section 22-1-120 it states, "while protecting private property rights"and
he suggests the addition of the word "individual" before private property rights. Mr. Barker stated private
property rights mean the rights are private and not public, and it is redundant to specify the word individual.
Mr. Meyer stated in Section 22-1-140 it stated, "The County will encourage citizen participation in the
planning process", and "The County will encourage and promote coordination and cooperation between
federal,state,and local governmental entities charged with making decisions which significantly affect land
uses in unincorporated areas of Weld County", and the language has been moved from Guiding Principals
to the Planning Process, which he disagrees with. Commissioner Garcia stated in Section 22-1-150 it
states, "an executive summary will be written after initial hearings and approvals of the Comprehensive
Plan", and the summary has not been written yet. Mr. Mueller concurred the draft does not include a
summary yet, and the item discussed was a summary item in the current plan. Mr. Meyer stated in Section
22-1-150, paragraphs 5 and 14.B, it should state, "natural and human environment", and it currently only
states natural environment. He stated in Article 2, Sections 22-2-10 and 22-2-20 have been eliminated
and should remain in the new Comprehensive Plan, due to the importance of agriculture in Weld County.
He further stated conservation easements are mentioned in Section 22-2-20 and he believes conservation
easements eliminate certain property rights, such as the right to development, and decrease surrounding
property values; therefore, he does not support conservation easements. Mr. Meyer stated in Sections
22-2-40 and 22-2-50 most of the information pertaining to agriculture has been removed and he would like
it to be returned. He stated in Section 22-2-60, Agricultural Goals and Policies, Policy 1.A has been
deleted and he would like to see it returned, as it addresses the need for an abundant and consistent
supply of irrigation water to sustain irrigated farmland. He further stated in the same section, under Goal
3, he would like the last sentence to read,"Water rights are considered real property and should be
protected as any other property right", since water is a valuable resource. Mr. Meyer stated in Section 22-
2-60.H, Goal 8, it stated, "Water is a valuable resource in the County. Water Right are defined by State
law as real property and may be bought or sold by individuals or entities. Land use regulations should not
impact their status as real property", and he would like the statement to remain intact in the same location.
He stated Section 22-2-60.1, Goal 9, states land owners will be provided with voluntary techniques such
as conservation easements and although he is against conservation easements, he is not opposed to this
statement as long as the negative aspects are listed along with the positive aspects of conservation
easements. He stated he is in agreement with Section 22-2-70, Urban Development A and B, unless land
is acquired for urban development by eminent domain or blight designation. Mr. Meyer stated Section 22-
2-110, Goal 2.4A, reads, "Utilize a third party such as the Department of Local Affairs to facilitate new and
revised Intergovernmental Agreement discussions". He stated his research shows DOLA contains a Smart
Growth office and he is opposed to Smart Growth planning since it has had a detrimental effect on land
owners. Mr. Mueller stated Smart Growth means many things to many people. He stated legislation in
Wisconsin has been using Smart Growth as a catch phrase for a series of Wisconsin state laws which
mandate restrictive planning. He further stated the Office of Smart Growth, which is part of DOLA, is not
involved with the Wisconsin Smart Growth legislation, and smart growth does not mean prescribing to any
particular belief system. Mr. Mueller stated the only reference in the Comprehensive Plan is to encourage
Minutes, October 27, 2008 2008-2875
Page 10 BC0016
outside mediators or facilitators to be included in jurisdictional discussions, not unlike the consulting
company being used in the Crossroads Study discussed earlier in the meeting. Mr. Meyer stated Smart
Growth in Wisconsin is being used to take farmers land from them and put them on 401K plans.
Ed Myer, Weld County resident, stated the commissioners need to remember why citizens voted for a
Home Rule Charter. Chair Jerke adjourned for a one hour lunch break.
Upon readjourning, Donna Hudziak, member of the Town of Frederick's Planning Commission, stated she
does not see wildlife habitats, wildfire hazards flood plains, or hazard areas addressed in the
Comprehensive Plan.
Rebecca Toberman, Town of Firestone Planning Department, acknowledged the tremendous effort put
forth by the Weld County staff, and stated she has some constructive comments. Ms. Toberman stated
she concurs with Ms. Simmons suggestion about Weld County Planning staff attending neighborhood
meetings, and the Town of Firestone also allows County residents, who are adjacent property owners, to
submit comments, as the Town of Frederick does. She stated County staff could represent Weld County
residents at the neighborhood meetings. She further stated she has some suggested language regarding
encouraging intergovernmental agreements and entered Exhibit B into the record. In response to
Commissioner Masden, Ms. Toberman stated the Town of Firestone did not have a Department of
Planning until recently; however, she is currently working on developing a referral process. She further
stated three types of notices are done for every application, there is a posting on the property a minimum
of 15 days prior to the hearing, it is published in a local newspaper, and letters are sent to all property
owners within 300 feet of the parcel.
Fred Walker, former Weld County farmer and member of TAC, stated there are several central themes
to consider when deciding on language in the Comprehensive Plan. Mr. Walker stated Weld County is a
large and diverse county and it is difficult to adopt one plan for the entire County, and staff even considered
sectioning the County into different categories; however, they wanted to treat all of Weld County's
residents equally. He stated the Committee then focused on reasonably obtainable and currently available
services for potential development in the agriculture industry. He further stated the agriculture industry
continually changes. Mr. Walker stated there are fewer and fewer farmers who irrigate and they are
farming larger amounts of land;therefore,farming is becoming more of an industrial type of use. He stated
the language in the Agriculture section was focused on recognition of the agricultural producer rather than
only the land use. He stated one of the ideas considered is allowing additional homes on a parcel of land
since current farmers are typically farming much more land they do not own than land they do own;
therefore, a centralized base of operations is needed for shops and hired men. Mr. Walker stated the
35-acre minimum for farm land in the State Statutes is much more reasonable than the 80-acre minimum
enforced by Weld County. He stated he farmed 1,400 acres of irrigated ground in and around the Town
of Windsor in 55 different fields, most of which were not adjacent, and ranged in size from two to 75 acres.
He stated he has been told the reason for the 80 acre rule is to make it more efficient to farm; however,
it is not true anymore in the irrigated areas of Weld County since the same large equipment is used on
small and large fields. Chair Jerke inquired if Mr. Walker believes the Board should allow elections to take
place before proceeding with the Comprehensive Plan, as was suggested. Mr. Walker stated he would
like to see the process move forward and stated he was part of the reason the revision was not presented
sooner. He stated there was a lot of discussion required for the language development and the Committee
took some time to get to know each other and to understand one another's perspectives. He further stated
there is no reason the new Board cannot evaluate the Comprehensive Plan at the time which it is elected.
Chair Jerke stated he has located open space requirements in the Comprehensive Plan, despite
Ms. Heberson's earlier claims there were not any open space requirements listed. Mr. Walker stated there
are open space requirements within developments. He stated when he served on the Weld County
Planning Commission there was a movement to increase the open space requirement from 15 to 20
Minutes, October 27, 2008 2008-2875
Page 11 BC0016
percent; however, it stayed at 15 percent. He further stated he believes there is additional open space
required for commercial developments. Responding to Chair Jerke, Mr. Walker stated he observed very
few developments using wells while he served on Planning Commission. Mr. Walker stated he was the
Chairman of the Agriculture and Water sections of the Comprehensive Plan and he did not intend to omit
any concepts; however, he worked to streamline some of the language and make the language consistent
throughout the Comprehensive Plan.
Mr. Mueller stated he received a referral from LG Everist, Inc., which he entered into the record as
Exhibit C. Chair Jerke stated there will be a work session later this week and the public will have the
opportunity to attend the second and final readings of the Ordinance. Mr. Mueller stated he will take
names of anyone wishing to be informed of upcoming meetings, which will go far more in depth.
Commissioner Masden thanked everyone who worked on the Comprehensive Plan and everyone who
attended the Board meeting to provide testimony. He stated the Board will take everyone's comments into
consideration to determine if changes will be made for second reading. Commissioner Rademacher
thanked everyone for their testimony and he thanked TAC for making the process transparent and
information readily available. He stated he is very happy with the product up to this point. Commissioner
Garcia thanked Mr. Walker for creating an open forum. Commissioner Masden moved to approve
Ordinance #2008-13 on first reading. Seconded by Commissioner Rademacher, the motion carried
unanimously. (Clerk's Note: Chair Jerke called up the 9:00 a.m. Public Hearing re: Weld/Adams County
Line Crossroads Alignment Study before the Ordinances were considered, per staff's request.)
FIRST READING OF WELD COUNTY CODE ORDINANCE#2008-16, IN THE MATTER OF REPEALING
AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING, OF THE WELD COUNTY CODE:
Chris Gathman, Department of Planning Services, stated this Ordinance is regarding the wind generator
and work sessions have been held with utility company representatives and concerned citizens and as a
result of their comments this revised draft was created. Mr. Gathman stated the Planning Commission
held a hearing last week and were supportive of the idea and provided valuable feedback regarding
possible revisions regarding large scale properties,for example, ranch properties with thousands of acres.
He stated limiting large scale properties to three turbines may be to restrictive. He further stated revisions
are planned for the work session next Monday. In response to Chair Jerke, Mr. Gathman stated interested
persons will be notified of the second and third readings. There was no public testimony. Commissioner
Rademacher moved to approve Ordinance#2008-16 on first reading. Seconded by Commissioner Garcia,
the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Ordinances #2008-13 and #2008-16 were approved on first reading.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Acting Clerk to the Board.
Minutes, October 27, 2008 2008-2875
Page 12 BC0016
There being no further business, this meeting was adjourned at 2:01 p.m.
BOARD OF COUNTY COMMISSIONERS
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Weld County Clerk to the Board% �
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Deput Clerkkto the Board
Wi'ia ' F. Garcia
David E. Long
Douglas ademach-
Minutes, October 27, 2008 2008-2875
Page 13 BC0016
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