HomeMy WebLinkAbout20022216.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
AUGUST 12, 2002
TAPE #2002-25
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, August 12, 2002, 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 Glenn Vaad, Chair
Commissioner David E. Long, Pro-Tem
Commissioner M. J. Geile
Commissioner William H. Jerke
Commissioner Robert D. Masden
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Esther E. Gesick
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Long moved to approve the minutes of the Board of County Commissioners
meeting of August 7, 2002, as printed. Commissioner Masden seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Geile moved to approve the Certification of Hearings
conducted July 31, 2002, through August 5, 2002: 1) Board of Equalization; and a hearing conducted on
August 7, 2002: 1) A Site Specific Development Plan and Use by Special Review Permit #1383, Javier
Fernandez and Gabriela Gutierrez. Commissioner Long seconded the motion,which carried unanimously.
ADDITIONS TO AGENDA: There were no additions to the agenda.
CONSENT AGENDA: Commissioner Long moved to approve the consent agenda as printed.
Commissioner Masden seconded the motion, and it carried unanimously.
PUBLIC INPUT: There was no public input.
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $1,125,141.15
Commissioner Masden moved to approve the warrants as presented by Mr.Warden. Commissioner Geile
seconded the motion, which carried unanimously.
2002-2216
BC0016
NEW BUSINESS:
CONSIDER TEMPORARY ROAD CLOSURE OF WCR 4 BETWEEN 1-76 AND WCR 45: Frank Hempen,
Jr., Director of Department of Public Works, stated this portion of road will be closed August 12, 2002,
through October 25, 2002, for bridge construction, improving drainage, and paving. In response to
Commissioner Masden, Mr. Hempen stated local access will be allowed, and school children will still be
picked up by the bus. Commissioner Geile moved to approve said temporary closure. Commissioner
Jerke seconded the motion, which carried unanimously.
CONSIDER AGREEMENT FOR ACCESS TO CLERK AND RECORDER DATA BASE AND AUTHORIZE
CHAIR TO SIGN - FIRST NATIONAL TITLE SERVICES, LLC: Bruce Barker, County Attorney, stated this
is the standard agreement for access to the Clerk and Recorder data base and he recommends approval.
Commissioner Geile moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Long, the motion carried unanimously.
CONSIDER APPOINTMENT TO AREA AGENCY ON AGING: Commissioner Geile moved to appoint
Diane Warren to the Area Agency on Aging, to replace John Lee, with a term expiring January 31, 2003.
Commissioner Long seconded the motion, which carried unanimously.
CONSIDER QUIT CLAIM DEED AND AUTHORIZE CHAIR TO SIGN - ROUTE 32.5 PARTNERS: Lee
Morrison,Assistant County Attorney,stated the Board previously considered a similar document regarding
Weld County Road 32.5. He stated the right-of-way was deeded to the County to accommodate the
bridge; however, it did not exclude the minerals. He stated the County is essentially agreeing not to claim
a mineral interest, other than sand and gravel, and Quit Claim Deeding the minerals back to the original
owner. Commissioner Geile moved to approve said Quit Claim Deed and authorize the Chair to sign. The
motion, which was seconded by Commissioner Jerke, carried unanimously. (Clerk's Note: This item of
business was considered following all other items of New Business.)
CONSIDER FORM OF 2002 MASTER VERSION OF MEMORANDUM OF INTERGOVERNMENTAL
AGREEMENT FOR CONDUCT OF COORDINATED ELECTIONS AND AUTHORIZE CHAIR TO SIGN
NECESSARY DOCUMENTS: Mr. Barker stated this is done each year to approve the form of the
agreement for the conduct of coordinated elections. He stated once the agreements are signed by the
various entities, they will be sent back for the Chair's signature. In response to Commissioner Geile, Mr.
Barker stated the fee is included in the terms of the form. Mr. Warden added the fee is the same as the
amount agreed to last year. Commissioner Long moved to approve said form. Commissioner Jerke
seconded the motion, which carried unanimously.
CONSIDER FORM OF 2002 TABOR NOTICE VERSION OF MEMORANDUM OF
INTERGOVERNMENTAL AGREEMENT FOR CONDUCT OF COORDINATED ELECTIONS AND
AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS: Based on the comments in the previous item
of business, Commissioner Long moved to approve said form. Commissioner Geile seconded the motion,
which carried unanimously.
CONSIDER RESOLUTION RE: AUTHORIZE DIRECTOR OF WELD COUNTY COOPERATIVE
EXTENSION SERVICE TO OPEN BANK ACCOUNTS FOR WELD COUNTY FAIR: Mr. Warden stated
the Fair Board has decided to move its banking accounts to a different bank,which requires authorization
of the Board. Commissioner Long moved to approve said Resolution. Commissioner Masden seconded
the motion, which carried unanimously.
CONSIDER AMENDMENT TO REAL ESTATE CONTRACTS AND AUTHORIZE CHAIR TO SIGN -
CLARKSON LAND, LLC: Mr. Warden stated this amendment is for the three properties listed in the
Resolution. He explained that due to the relocation and designation of the Weld County Garage sign as
a historical site,the closing date needed to be extended. In response to Commissioner Geile, Mr. Warden
Minutes, August 12, 2002 2002-2216
Page 2 BC0016
stated the terms of the amendment have been agreed to by the current tenants. Commissioner Geile
moved to approve said amendment and authorize the Chair to sign. Seconded by Commissioner Masden,
the motion carried unanimously.
CONSIDER MEMORANDUM OF UNDERSTANDING FOR ST. VRAIN RIVER TRAIL PROJECT AND
AUTHORIZE CHAIR TO SIGN-COLORADO DEPARTMENT OF TRANSPORTATION:Mr.Warden stated
Weld County received an$80,000 grant for the trail,which will connect with the trail at the Southwest Weld
County Administrative Offices, and also leading under 1-25 to connect to Barbour Ponds. He stated there
will also be a final agreement signed by the Colorado Department of Transportation and the Federal
government, which will authorize the preliminary work. In response to Commissioner Geile, Mr. Warden
stated the County has already invested $330,000 in the Legacy Project, and remitted $205,000.
Commissioner Masden moved to approve said Memorandum of Understanding and authorize the Chair
to sign. The motion, which was seconded by Commissioner Geile, carried unanimously.
CONSIDER RESOLUTION RE: AUTHORIZE BOARD OF COUNTY COMMISSIONERS TO ADJOURN
AS BOARD OF EQUALIZATION FOR CALENDAR YEAR 2002: Commissioner Masden moved to approve
said Resolution. Commissioner Jerke seconded the motion, which carried unanimously. Chair Vaad
explained the Board does convene as the Board of Equalization each year to consider any property
assessment appeals. He stated they met the necessary timeline requirements and can now adjourn.
PLANNING:
CONSIDER RECORDED EXEMPTION#3351 -JOHN AND SANDRA TRUE:Chris Gathman,Department
of Planning Services, gave a brief description of the location of the site. He stated staff is recommending
denial for the reasons as cited in the Administrative Review, which he summarized for the record. He
stated the applicants have met with the neighbor to the north and discussed access from Weld County
Road 16.5 by means of an easement; however, that still results in an island lot. Mr. Gathman submitted
a memorandum, marked Exhibit A, recommending revisions to Condition of Approval#3.C if the alternate
access route is accepted. In response to Chair Vaad, Mr. Gathman indicated the locations of Lots A
and B, as well as the optional access easement to the north. Peter Schei, Department of Public Works,
expressed no concern with the easement to the north; however, it would result in crossing an irrigation
ditch and he would request the applicant be required to provide an agreement with the ditch owner.
John True, applicant, stated he has lived on this property for 25 years and his son assists him in
maintaining the property. He stated he would like his son to move into the existing home, while he and his
wife construct a smaller house on Lot A. He stated the new home would be located away from the road
on a dryland portion of the property to allow for preservation of the better agricultural land. Responding
to Commissioner Geile, John True stated this is a family operation, and his grandchildren may want to
move into the area once he and his wife are no longer on the property.
David True, applicants'son, submitted a packet, marked Exhibit B, including a letter and maps, which he
reviewed for the record. David True stated they also have some livestock and he described the
surrounding uses. He explained the Department of Planning Services staff expressed concern with an
additional access off Weld County Road 1, therefore, they approached Bail and Geri Fischer to the north
regarding an easement which crosses their property. He stated the Fischers have provided a letter
indicating their consent to an easement which would cross their dryland crop. He further stated his parents
have applied to the Left Hand Water District for water, and the topography appears suitable for a septic
system on Lot A. He stated although this is an island lot, the Code only requires this configuration be
avoided when possible, and in this case there are no other suitable locations without losing good
agricultural land. David True stated the ditch on the Fischer property is a small ditch which only serves
to irrigate Mr. Fischer's land. He stated he is willing to construct the access to County standards and cross
the ditch using a culvert. He reviewed other Recorded Exemptions which were approved with similar island
lot configurations, and stated this proposal will allow him to care for his parents as needed and continue
Minutes, August 12, 2002 2002-2216
Page 3 BC0016
maintaining the farm. In response to Commissioner Jerke, David True stated accessing Lot A by extending
the current access along the northern property boundary is hindered by a row of large trees and a limited
amount of room between the property line and the existing improvements. Responding to Commissioner
Geile, Mr. Gathman stated this is the first Recorded Exemption request on this lot and the island lot
configuration is staff's primary concern. Responding to Chair Vaad, David True stated he currently lives
in the Town of Firestone, and his children attend at a private school in Niwot. Chair Vaad commented the
School District is recommending denial of this proposal; however, it appears this may not impact the
School District if the children will not be attending.
Bart Fischer, surrounding property owner to the north, stated he supports this application and he is willing
to provide the necessary easement for access and utilities from Weld County Road 16.5. He stated this
will eliminate an additional access on Weld County Road 1. He explained the western portion of his land
is prime farmland where he raises hay, and the eastern portion is difficult to irrigate and the easement will
be of no consequence to his farming operations. Responding to Commissioner Masden, Mr. Fischer
stated the area is flat and the ditch is shallow, so constructing an access with a culvert for the ditch will not
be difficult. Commissioner Jerke commented the proposed access may cause maintenance or property
disputes in the future,and extending the current access from Weld County Road 1 is no more burdensome
than creating a new access across a separate property. Mr. Fischer clarified the proposed easement is
at the eastern edge of his property so it will not split his parcel. David True added there are only 20 feet
between the existing improvements and the northern property line. He indicated the location of the existing
leach field,and stated the shared access would have to go south around the existing home and leach field.
David True submitted a map and 1977 survey, marked Exhibits C and D. He stated there is also a
sidewalk on the north side of the home which eliminates an additional four or five feet, and extending the
current access would also require crossing their irrigation ditch which serves the western side of the farm.
Chair Vaad stated the survey shows 30 feet, but Mr. True stated the fence is located slightly south of the
property line. CommissionerJerke commented based on the additional input from the applicant, it appears
the proposed easement is the better option. In response to Chair Vaad,John True stated he has reviewed
and agrees with the proposed Conditions of Approval and the discussed alternative language for Condition
#3.C regarding the easement across the Fischer property. Mr. Gathman stated condition #3.8 is not
needed if the alternate language is accepted. Commissioner Geile moved to approve the request of John
and Sandra True for Recorded Exemption #3351, with the Conditions of Approval as proposed by staff.
His motion also included deleting Condition #3.B, and amending Condition #3.C to state, "The applicant
shall submit to the Weld County Department of Planning Services a recorded copy of any access
easement agreement signed by all of the owners of the property crossed by the access easement. The
access easement shall be for ingress and egress,and shall be referenced on the plat by the Weld County
Clerk and Recorder's reception number. In addition to the applicants, the access easement shall be
signed by the owners of Lot B of Recorded Exemption#1754, located in the NW 1/4/4 SW 1/4 of Section 30,
Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado." He stated staffs comments
regarding an island lot are valid, but in this case the land included in Lot A is not very useful to the current
farming operation and an access from Weld County Road 16.5 is better than from Weld County Road 1,
therefore, he feels Section 24-1-30.A has been dealt with accordingly. Commissioner Jerke seconded the
motion, which carried unanimously.
Chair Vaad called a ten minute recess.
SECOND READING OF CODE ORDINANCE #2002-7, IN THE MATTER OF AMENDING THE WELD
COUNTY CODE, SPECIFICALLY, THE ADDITION OF ARTICLE IX - LONGMONT PLANNING
AGREEMENT, TO CHAPTER 19 COORDINATED PLANNING AGREEMENTS: Commissioner Geile
moved to read Code Ordinance#2002-7 by title only. Commissioner Long seconded the motion. Bruce
Barker, County Attorney read said title for the record. Monica Mika, Director of Planning Services, stated
15 referral agencies reviewed this Agreement, seven responded with comments, and the Town of Mead
declined from commenting, and the Town of Firestone indicated verbally that it does not oppose this
Minutes, August 12, 2002 2002-2216
Page 4 BC0016
proposal. She stated staff has received an updated list of properties which will be effected through this
agreement and those property owners did receive notification of the three readings of this ordinance. Ms.
Mika reviewed the locations of the Mixed Use Development boundary, the proposed Intergovernmental
Agreement area, and added the Intergovernmental Agreement boundaries of the City of Longmont and
the Town of Mead are adjacent, but do not overlap. In response to Commissioner Geile, Ms. Mika stated
Mead's Urban Growth Boundary is different from the 208 Boundary, and added the City of Longmont has
indicated the language in Section 3.3.A be amended to include the word "petition" regarding the timing of
the annexation process.
Julia Pirnack, Mayor for City of Longmont, stated negotiation of this agreement has been in the process
for approximately three years, and the Longmont City Council has unanimously approved it as proposed.
She thanked the City and County staff for their efforts throughout this process. Mayor Pirnack stated there
needs to be an agreement in place for development which impacts the constituents of both the City and
County. She stated this agreement is based on good land use principals to ensure urban growth is located
near urban areas to provide efficient services, and suggested the Board reconsider the term limit of the
Intergovernmental Agreement to extend through June 2003.
Phil DelVecchio, Longmont Community Development Department Director, stated if this Ordinance is
approved, he concurred that the term limit needs to be extended. In response to Commissioner Geile, Mr.
DelVecchio stated the City of Longmont has submitted an application to amend their 208 Boundary to
increase their sewer service because there is a connector service near Weld County Road 1. He stated
the St. Vrain Sanitation District has indicated this amendment makes a lot of sense from an engineering
standpoint, and the area which is in the Urban Growth Boundary, but not in the 208 boundary, will be
served by the entity which is most logical to serve the area. Responding to Commissioner Geile, Mr.
DelVecchio stated the City of Longmont is working on a cooperative agreement with the St. Vrain
Sanitation District. He expressed concern with tying the effectiveness of this Intergovernmental Agreement
with the execution of an Agreement with the St. Vrain Sanitation District because that may give them
bargaining power. He stated the City would prefer not having a condition which requires an agreement
with the St. Vrain Sanitation District, and added they are committed to expediting completion of the
agreement. Commissioner Geile expressed concern with the County being caught in service disputes.
In response to Commissioner Jerke, Mr. DelVecchio stated the Ordinance process does allow for
amendments or modifications if needed in the future. Responding to Chair Vaad, Mr. DelVecchio stated
the City Council meets twice a month, and if agreeable with the Commissioners, the Council can amend
its Ordinance to include the word "petition" and modify the agreement term. Mr. Barker stated any
amendments would need to go through the same three reading processes, and added Section 3.3.6 was
different from the other agreements in that public or central sewer will not be required.
Don Lefler, Design Development Consultants, stated he represents 13 property owners in the proposed
Intergovernmental Agreement area, who have submitted their own 208 application to the St. Vrain
Sanitation District. He submitted a copy of the application, marked Exhibit F, and stated there is a 208
amendment and agreement in place, which precedes that of the City of Longmont. He also submitted a
listing of annexation costs, marked Exhibit G, and stated it is too expensive to annex into the City and the
people he represents want to remain Weld County residents. Mr. Leffler stated it costs approximately 200
percent more to annex into the City, rather than developing in the County. He reviewed the 208
boundaries in the area, and stated it appears the City is primarily concerned with the impacts of proposed
developments,the expansion of Union Reservoir, and the economic impacts to the properties. He stated
the annexation process is extensive and they will not be able to develop in the County unless they have
been denied by Longmont. Mr. Lefler questioned whether the existing applications for development in the
County will be grandfathered in since they were initiated prior to approval of this ordinance. Mr. Barker
stated the scheduled effective date for this Intergovernmental Agreement is September 16, 2002, and
those developments which have already begun the Planned Unit Development process will be
grandfathered in. Ms. Mika stated the Sketch Plan phase is the first step, which must be successfully
Minutes, August 12, 2002 2002-2216
Page 5 BC0016
completed to be considered grandfathered. She stated at this point, two of the three applications located
in the Intergovernmental Agreement area have successfully completed this phase of the Planned Unit
Development process. Mr. Lefler stated the Sketch Plan is not denied or approved, and the City of
Longmont will have an adequate opportunity to comment on these proposals through the referral process
without seeking annexation. He stated it appears this Intergovernmental Agreement is premature and the
property owners that he represents request the Board deny this Agreement. In response to Commissioner
Geile, Mr. Lefler stated if their 208 application is denied, it will impact their applications currently filed with
the County. (Switched to Tape #2002-26.)
Tina Bogatt, surrounding property owner, stated she submitted two e-mails, marked Exhibit 9 and 12, and
she expressed concern with residents being required to petition for annexation, which she feels is an
excessive burden. She stated the Mixed Use Development area allows the City of Longmont to comment
on any proposals within its Urban Growth Boundary, and the decision to annex should remain voluntary.
Ms. Bogatt stated this area is unique and using a standard agreement form is not appropriate. Responding
to Chair Vaad, Ms. Bogatt clarified she does not want the citizens to be required to apply for annexation
if they desire to remain in Weld County.
Phil Willis, surrounding property owner, stated he supports the previous comments, and added the area
east of Weld County Road 1 is not eligible for annexation and he is not sure why this is an issue for the
City. He stated annexation should remain strictly voluntary, and the Mixed Use Development area referral
process is adequate.
Chuck Riedman, surrounding property owner, stated he is opposed to this agreement, and he submitted
a petition, marked Exhibit H, signed by 40 others who are opposed. He stated they would like to remain
Weld County residents, and commented the Commissioners were elected to vote on behalf of the desires
of the citizens.
Marcia Willis, surrounding property owner, stated her family has been farming in this area for 50 years,
and it has been 20 years since they proposed expanding Union Reservoir, yet nothing has been done.
Ms. Willis stated they intend to propose a rural development, and although they have met with the City of
Longmont, they do not appreciate the implied comments that condemnation of their land for expansion of
the reservoir may be an option.
Gary Bogatt, surrounding property owner, stated they purchased land in Weld County because they
appreciated the agricultural-oriented government. He stated the City of Longmont is experiencing rapid
growth; however, he requested the Board realize that this area still involves Weld County residents who
do not want to be influenced by the City of Longmont.
Debra Kalish,attorney,stated she represents several landowners west of Union Reservoir. She expressed
concern with several of the terms of the agreement,which do not clarify what land uses are allowed. She
stated the County could be held liable for temporary taking of this land, and this agreement allows
Longmont to veto some of the proposed uses and condemn some of the land for expansion of Union
Reservoir. Ms. Kalish stated the Mixed Use Development area concept is good and this agreement gives
veto power to a municipality which is primarily outside of the County boundary. She requested the
properties which already have land use applications filed with the County be exempted out of this
Intergovernmental Agreement area. Responding to Commissioner Geile, Ms. Kalish stated there are
conflicting provisions that give the City of Longmont certain powers to refuse to annex and yet veto the
property owners' ability to develop in Weld County.
Richard Kramer, Town of Mead Mayor, commented the map does not accurately depict the Urban Growth
Boundary for the Town of Mead; however, that difference is west of 1-25 and does not affect the
Intergovernmental Agreement area. He stated the Town of Mead does have an agreement with the St.
Minutes, August 12, 2002 2002-2216
Page 6 BC0016
Vrain Sanitation District for sewer service. He stated it was a very difficult, complex, and lengthy process
to complete, and this document will be significantly delayed if the effective date is conditional upon the
execution of an agreement between St. Vrain Sanitation District and the City of Longmont. Mayor Kramer
stated the Town of Mead feels it is an important public policy to establish Planning Agreements for
development in the County which may impact municipalities.
Regie Golden, St. Vrain Sanitation Board, stated the City of Longmont has applied for a 208 amendment;
however, he is present to represent Life Bridge Christian Church. He stated the church has purchased
a 400-acre parcel,which is proposed for development south of Union Reservoir, adjacent to Highway 119.
He stated the Church Board is deeply concerned with this Intergovernmental Agreement affecting the
outcome of the project. He explained they initially began working with the City of Longmont to annex the
existing property; however, the cost increased from an estimated $200,000 to$2.5 million, so the petition
was withdrawn. He stated they chose to purchase land in Weld County,and they are committed to service
the County constituents in this area. He stated Life Bridge Church supports coordinated planning, as well
as a property owner's right to decide the best use for their property. He stated the Mixed Use Development
area is effective and adequate without the creation of this Intergovernmental Agreement area. He
requested clarification on how the Church's proposal will be handled if this agreement is approved,
because they are preparing to submit the Change of Zone application soon. Mr. Golden stated the Church
does not desire to be a part of Longmont, and their property is not eligible for annexation. In response to
Chair Vaad, Ms. Mika stated the Sketch Plan for Life Bridge Church has been approved and is ready to
begin the Change of Zone phase. There being no further comments, Chair Vaad closed public testimony.
Mr. DelVecchio stated the residents in the Intergovernmental Agreement area will remain Weld County
residents, and will not be required to approach the City unless they propose an urban development,which
will impact the City. He stated they are in good faith negotiations with several of the property owners, and
added the City does routinely prefer that when an area is annexed that they receive services from the City
of Longmont. He stated in many instances, annexation would not be triggered for at least ten years, and
the future expansion of Union Reservoir will benefit many Weld County properties. Responding to
Commissioner Geile, Mr. DelVecchio stated if there is an area that the St. Vrain Sanitation District does
not serve and City cannot serve, then they will be required to consider constructing a lift system. In
response to Chair Vaad, Ms. Mika stated nonurban development in the Mixed Use Development area is
automatically subject to more stringent public water and sewer requirements. Mr. DelVecchio reiterated
the 208 modification will benefit the residents in the area through improved fire, police,and other municipal
services, which are fundamental benefits of being in Longmont. He stated the annexation process
generally takes one year, and this agreement will also assist the City in addressing the overcrowding in
the schools. He further stated eminent domain would only be used for a legitimate public service project,
and the land would be purchased based on the fair market value, not the potential development value.
Responding to Chair Vaad, Mr. DelVecchio stated the City is consistent with the Mixed Use Development
standards, with exception of the height requirements. He stated if a property cannot be annexed, then
urban standards would be followed for review and comment. He further stated the currently proposed
developments meet the definition of urban development,and should someday be annexed to the City when
services can be provided. In response to Commissioner Geile, Mr. DelVecchio stated the City has not set
a date for submittal of its 208 application because it still needs to be scheduled before the North Front
Range Water Quality Board. Mr. Lefler stated his clients intend to submit their application to the St. Vrain
Sanitation District within the next two weeks for the next available agenda. Commissioner Geile
commented it may be beneficial for the two applications to be considered simultaneously. Responding to
Chair Vaad, Ms. Kalish requested this matter be continued to allow her additional time to prepare written
comments. Commissioner Geile stated this can also be approved on second reading and require any
additional comments prior to third reading. Chair Vaad commented he is in favor of continuing this matter,
and Commissioner Geile stated he is still concerned with the 208 process and who will provide service in
this area. He stated it is unlikely the matter will go before the Water Quality Board before September, and
the issue of timing for grandfathering certain projects still needs to be addressed. Commissioner Jerke
stated he is concerned with Section 3.3.A which will require property owners to petition for annexation and
Minutes, August 12, 2002 2002-2216
Page 7 BC0016
be denied before they can apply through the County. He stated this would be a great burden because the
agreement also references City zoning that must still be discerned. The language gives Longmont the
potential for vetoing a land use application in Weld County, and the issue of annexing right-of-way is still
unresolved. He stated he finds this agreement fatally flawed and he does not feel it will serve the
constituents of Weld County at this point. Commissioner Jerke also expressed concern with the two
applications for amendments to the 208 Boundary, as well as other issues that must be considered on
behalf of the constituents of Weld County, regardless of neighboring governmental relations.
Commissioner Long commented a continuance may be beneficial to address some of the concerns which
have been addressed before going any further. Commissioner Masden concurred. Commissioner Geile
added this agreement relates to major jurisdictional issues and is a means of controlling the interests of
developers. He stated the Intergovernmental Agreement causes coordination of the planning process
between the developer and two neighboring entities, because otherwise the entities are pitted against each
other. Chair Vaad commented the State also requires the cooperation and contract between governmental
entities, and he reviewed the purpose of the Agreement for the record.
Commissioner Geile moved to continue the second reading of Code Ordinance#2002-7 to September 30,
2002, at 9:00 a.m. The motion was seconded by Commissioner Long, and it carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. No Ordinances were approved.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Acting Clerk to the Board.
There being no further business, this meeting was adjourned at 12:10 p.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY CO ORADO
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Minutes, August 12, 2002 2002-2216
Page 8 BC0016
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