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WELD COUNTY COUNCIL
July 19, 2005
Tape 7A2005 & 7B2005
The Weld County Council met in regular session in full conformity with the Weld County
Home Rule Charter, Tuesday, July 19, 2005, 6:30 p.m., at Weld County Centennial
Center, 915 10th Street, Greeley, CO.
ROLL CALL: The meeting was called to order by President Chip Marks. Vice
President Dwaine Kurtz, Councilwoman Ginny Buczek, Councilman Tom Pettit, and
Councilman Gene Stille were present, constituting a quorum of the members. Also
present: Weld County Director of Planning Services Monica Mika, Weld County Planner
II Michelle Martin, Beverlee Allison, Debbie Anderson, Robert and Linda Aragon, Weld
County Webmaster Ripley Casdorph, Sharon Croghan, Don and Lynann Dunker,
Patricia Fairbanks, Judy Firestien, Ruth Firestien, Robert Heldt, Steve Heinike, Linde
Kelley, Paula Johnson, Sue Marshall, M. Randolph, Mike and Jan Ream, Katy Reckiart,
Mary Tigges and BevThomas, council secretary.
AGENDA ADDITIONS/APPROVAL: Vice President Dwaine Kurtz made a motion to
approve the agenda as printed. The motion was seconded and carried.
REVIEW PROGRAM: Director of Weld County Planning Services Monica Mika gave an
overview of the history of the 1-25 Corridor and the Mixed Use Development (MUD).
She introduced Weld County Planner Michelle Martin as the expert on the MUD in
southwest Weld County. Ms. Martin stated that Weld County is the second fastest
growing county in Colorado, and much of that growth is in southwest Weld. Rapid
growth in southwest Weld has caused Planning Services and the Board of County
Commissioners to consider policies and regulations that include urban planning in the
county process such as infrastructure, transportation, ensuring quality development,
and meeting the service demands of future residents.
Based on these concerns, Planning Services, other county department heads, and the
Board of County Commissioners wrote a proposal to hire a consulting firm to prepare a
study analyzing the existing MUD as well as an adjacent area from Weld County Road
42 south to Highway 52 and from Weld County Road 1 east to Weld County Road 15.
This MUD study will provide a detailed analysis of the impacts of existing development
and future growth within the designated area. It will include three public meetings in
southwest Weld County to educate and inform residents and receive their input
concerning development. The study will include assembling a technical advisory
committee to complete a plan to meet the growth in southwest county. The study area
includes areas beyond the current MUD because the Commissioners have received
development requests from areas adjacent to the current MUD boundaries.
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County Council Minutes
July 19,2005
Page 2 of 5
The intent of this MUD study is to bring communities together to deal with growth in an
area where several different water districts and sanitation services are offering
municipal-type services on an independent basis.
Public transportation is being considered in this area, and Weld County Public Works is
working to increase arterial roadways parallel to 1-25. A transportation usage fee is
already set in place by the Commissioners. The amount of this fee is determined by the
traffic impact created by the development. The consultants will be considering
neighborhood centers to provide other amenities.
Weld County has had a "pay-as-you-go" plan. That is, if you create development in
Weld County, you pay for it. Therefore, Planning Services and the Commissioners have
raised planning fees and added a capitol expansion fee and a storm water fee for
building within the county. The development will pay for itself with these fees and the
Commissioners are not planning to raise property taxes. Weld County has been
favored in recent years with 18% of its money coming from oil and gas which has put off
having a county wide sales tax.
A Weld County Toll Road — The Slab
Monica Mika stated that the Board of County Commissioners, as a board and as five
individuals, are gravely concerned about the proposed toll road (aka The Slab) through
Weld County. She emphasized that condemnation is not used "willy nilly" in Weld
County despite numerous requests. The Board of County Commissioners have always
said that condemnation is not a true and honest value of the county. Monica gave
handouts to persons in the audience regarding a proposed Colorado constitutional
amendment to prevent private property being taken away for private development. She
noted that this action is being taken after the recent Federal Supreme Court decision
allowing redevelopment as a public use even though it is being done by private
developers.
Ms. Mika stated Planning Services has had 200 calls asking what the county is doing
about the proposed Weld County toll roll. The Planning Commission, the Board of
County Commissioners and residents are concerned about a twelve-mile swath through
Weld County being condemned for the use of a toll road to benefit a private firm. The
Commissioners are keeping informed with as much information as is available about
this toll road.
Landowners are responsible to keep on top of land use issues, according to Ms. Mika.
She urged residents to write Senator Owens and Representative Dale Hall and tell them
their thoughts about condemnation of private property. Monica noted that the Board of
County Commissioners has the right to control access to county roads.
County Council Minutes
July 19, 2005
Page 3 of 5
PUBLIC COMMENT: Ms. Linde Kelly stated there is concern for persons on limited
income who live in the proposed path of a toll road and may not be justly paid for their
property. Also, this road will not be take traffic off of 1-25. CDOT has stated that
anything more than four miles from 1-25 will not divert traffic from 1-25.
Councilman Dwaine Kurtz asked what Ms. Linde Kelly wants the Weld County Council
or another part of Weld County government to do about the proposed toll road. Ms.
Kelly responded that county roads will dead end at The Slab, and the county or the
state will have to provide access over or under The Slab. Ms. Kelly asked how to find
out exactly what is going on with The Slab. Councilman Gene Stille urged persons to
seek information via the web or state legislators about the proposed Slab as much of
what is being stated is rumor.
Sharon Croghan asked Monica Mika if Ray Wells or anyone from the Front Range Toll
Road Corporation had contacted Weld County Planning Services about construction of
The Slab. Monica stated that people have called asking for general information, but no
one identifying themselves with the Front Range Toll Road Corporation has contacted
county planning personnel.
Ms. Croghan said one of the biggest concerns about The Slab is the future of east/west
transportation in the county. How will ambulances, fire personnel, and schools buses
get around The Slab? Also, will The Slab bring development to east Weld County, and,
if so, how will that be handled by the county?
Sharon said she had met with the Commissioners as a representative of High Plains
Coalition and asked if the Commissioners can put any stipulations on this Super Slab.
Monica Mika said there are some mechanisms that could be used to give the county
control over the road, but the problem is that there are no firm facts available to address
at this time.
Councilwoman Ginny Buczek said no one can comment or work on the proposal until
there are facts available about it. Ms. Croghan pointed out that toll road corporations
that can use eminent domain are cropping up all over the state, and it would behoove
someone to figure out how to deal with these proposals.
Paula Johnson stated that she had written to all of the County Commissioners and only
heard back from Commissioner Rob Masden. Paula understood from Commissioner
Masden the County Commissioners did not want to hear from residents about The Slab
until he saw the toll road plan. This was offensive to Paula, as she wants the County
Commissioners to be down at the state capitol advocating for Weld County's private
property owners. She stated she wanted county personnel to be proactive in protecting
private property rights. She asked, "What can you do to protect our property rights in
Weld County?"
County Council Minutes
July 19,2005 _
Page 4 of 5
President Chip Marks asked what a preemptive action by Weld County should look like.
He stated that council members and members of the Board of County Commissioners
are all residents of Weld County, and they are concerned about these issues. He
reiterated the problem of"boxing shadows" when nothing is in writing at this point
regarding "The Slab."
Ms. Fairbanks asked how an 85-mile-an-hour toll road was going to benefit the entire
state.
Robert Heldt of Kersey, Colorado said it was his belief that rules regarding imminent
domain are going to have to be set county-by-county and state-by-state. He stated that
the initiative to control imminent domain needs to start at the state level, and residents
need to urge legislators to come up with a decent and fair plan for everyone.
Linda Aragon, from Keenesburg, stated that she was upset that The Slab was proposed
in 1996, but it was not disclosed on property titles. Monica Mika and Sharon Croghan
noted that imminent domain being granted as a right is not an encumbrance on a
specific piece of property, and is not therefore a claim on any real property. Current law
only gives the right to build a toll road.
Ms. Croghan said that changing imminent domain law is a legislative issue and not a
county issue. She also provided historical background of the laws and legislative
actions that have made these toll road operations possible in Colorado. At the request
of Councilman Gene Stifle and Councilwoman Ginny Buczek, Ms. Croghan said that
she would send copies of the relevant laws and legislative actions and other
background information to the council. Ms. Croghan asked the council's support at the
legislative level.
Robert Heldt said each county can set the toll on a toll road, and he asked the council to
implore the Weld County Commissioners to set the toll so high that The Slab would not
be cost effective.
0 Street Expansion
Ms. Ruth Firestien asked Monica Mika to address the proposed 0 Street expansion.
Firestien stated that she, her daughter and friends would potentially lose their homes
because of the 0 Street expansion. She was upset that she had not been notified
about the 0 Street expansion meetings, and it seemed that the transportation
department was attempting to get this expansion done without giving proper notification
to affected parties.
Monica Mika said Public Works is working on an 0 Street expansion. She said she will
give Ms. Firestein and other property owners' contact information for Public Works, and
she would explain the notification process. Monica also stated she would look into the
County Council Minutes
July 19,2005
Page 5 of 5
situation and she urged persons at the meeting to provide her an updated list of O
Street homeowners for notification of future public meetings.
President Chip Marks thanked Monica Mika and Michelle Martin and the audience for
their presentations and participation.
After a short recess, President Chip Marks called the meeting to order at 8:37 p.m.
APPROVAL OF DOCUMENTATION_
June 21, 2005 Council Minutes
Councilman Gene Stille said that he had checked with County Attorney Bruce Barker
who said there was no conflict in Councilman Stille serving on the Weld County Council
at the same time he is running for Colorado Representative of the 65th House District in
the 2006 election. Councilman Stille has filed papers to run for the 65th District.
ADJOURNMENT: Councilman Gene Stille made a motion that the meeting be
adjourned. The meeting was seconded and carried. It was adjourned at 9:07 p.m.
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August 16, 2005 /�i
Date Approved Dwaine K z, ouncil Vice President
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� ��Beverly Thomas, Council Secretary
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