HomeMy WebLinkAbout20050995.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MARCH 21, 2005
TAPE #2005-18
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, March 21, 2005, 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 M. J. Geile, Pro-Tem
Commissioner David E. Long
Commissioner Robert D. Masden
Commissioner Glenn Vaad
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Debra Miller
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Masden moved to approve the minutes of the Board of County Commissioners
meeting of March 16, 2005, as printed. Commissioner Geile seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Vaad moved to approve the Certification of Hearings
conducted on March 16, 2005, as follows: 1) USR-1456 Show Cause, Barbara Schottelkotte; 2)AmUSR
#1405, Aurora Organic Dairy; and 3) USR#1350,Aggregate Industries-WCR, Inc. Commissioner Long
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 Geile moved to approve the consent agenda as printed.
Commissioner Masden seconded the motion, and it carried unanimously.
WARRANTS: Donald Warden, Director of Finance and Administration,presented the following warrants
for approval by the Board:
All Funds $382,437.97
2005-0995
BC0016
Commissioner Long moved to approve the warrants as presented by Mr.Warden. Commissioner Masden
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO WCR 23, TEMPORARY CONSTRUCTION EASEMENT, ACCEPT QUIT CLAIM
DEED AND AUTHORIZE CHAIR TO SIGN ANY NECESSARY DOCUMENTS - RICHMAR WINE, LLC:
Frank Hempen, Jr., Director, Department of Public Works, stated the purchase of the right-of-way is
necessary as part of the improvements to Weld County Road 23. He stated the total cost of the acquisition
is$25,720;however,$9,002 of the expenditure will be paid for by the Town of Windsor,in accordance with
an improvements agreement Weld County has entered into with the Town of Windsor. Commissioner Geile
moved to approve said agreement and temporary construction easement,accept said quit claim deed,and
authorize the Chair to sign any necessary documents. The motion was seconded by Commissioner Long,
and it carried unanimously.
CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO WELD COUNTY ROAD 13 AND AUTHORIZE CHAIR TO SIGN ANY NECESSARY
DOCUMENTS-PAULA AND JAMES BAUER: Mr. Hempen stated the agreement is for the first phase of
Weld County's strategic road improvements project for Weld County Road 13 between Weld County
Roads 2 and 8. He stated the total cost of acquisition is$4,000. Commissioner Masden moved to approve
said agreement and authorize the Chair to sign any necessary documents. Seconded by Commissioner
Vaad, the motion carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF
WELD COUNTY RIGHT-OF-WAYANDAUTHORIZE CHAIR TO SIGN-MICHAEL MCCRERY: Don Carroll,
Department of Public Works, identified the location of the property and stated the closest maintained road
is Weld County Road 17. He stated there is 30 feet of right-of-way in Sections 15 and 9 and adjacent
property owners have been contacted with no negative responses. Responding to Commissioner Masden,
Mr. Carroll stated when a section is owned by the State of Colorado, the right-of-way is deeded to Weld
County. Commissioner Long moved to approve said agreement. Commissioner Masden seconded the
motion, which carried unanimously.
CONSIDER COLORADO DEPARTMENT OF TRANSPORTATION PERMISSION FORM TO ENTER
PROPERTY AND AUTHORIZE CHAIR TO SIGN: Mr. Hempen stated Western States Surveying, Inc., is
working on a project along Interstate 25 for the Colorado Department of Transportation and the State of
Colorado requires permission from adjacent property owners. He stated the form needs to be signed by
Weld County granting permission to Western States Surveying, Inc.,to enter identified property. He stated
that, in turn,Weld County requires anyone who enters upon the Hoekstra mining site to sign a Public Works
Hazard AwarenessNisitor Safety Training form, which keeps Weld County in compliance with MSHA.
Commissioner Geile moved to approve said permission form. Seconded by Commissioner Vaad, the
motion carried unanimously.
CONSIDER AMENDMENT#1 TO THE ENERGY AND MINERAL IMPACT ASSISTANCE PROGRAM
GRANT CONTRACT FOR OWENS-ILLINOIS AND AUTHORIZE CHAIR TO SIGN: Mr.Warden stated the
Town of Windsor and Weld County are in partnership to provide water and sewer service to the
Owens-Illinois plant,and after the bids were received,the gross amount received from the State of Colorado
needed to be reallocated. He stated the amount allocated to Weld County was increased to$589,577 for
the water portion of the project. Commissioner Long moved to approve said amendment. The motion was
seconded by Commissioner Geile, and it carried unanimously.
Minutes, March 21, 2005 2005-0995
Page 2 BC0016
PLANNING:
CONSIDER IMPROVEMENTSAGREEMENTACCORDING TO POLICY REGARDING COLLATERAL FOR
IMPROVEMENTS (PRIVATE ROAD MAINTENANCE), AUTHORIZE CHAIR TO SIGN, AND ACCEPT
COLLATERAL FOR USE BY SPECIAL REVIEW, USR#1445 - HIGH BALL ERECTORS, LLC/ CLIFF
TROSTEL: Jacqueline Hatch, Department of Planning Services, stated a cash deposit was received for
the Private Improvements Agreement for USR#1445, in the amount of$5,000. Ms. Hatch identified the
location of the property,stating the$5,000 is for fencing on the site. Responding to Chair Jerke, Ms. Hatch
stated the fencing will serve as screening from adjacent properties and the public right-of-way.
Commissioner Masden moved to approve said agreement, authorize the Chair to sign, and accept said
collateral for Use by Special Review Permit#1445 for High Ball Erectors, LLC/CliffTrostel. The motion was
seconded by Commissioner Long, and it carried unanimously.
CONSIDER PROBABLE CAUSE HEARING CONCERNING USE BY SPECIAL REVIEW PERMIT#1345-
SETH AND KAYE WARD: Sheri Lockman, Department of Planning Services, reviewed the Conditions of
Approval,stating all conditions have been metwith the exception of submittal of the final plat. Ms. Lockman
stated the applicant is making a concerted effort to meet the final condition and she recommends a
continuance of the matter to allow the applicant time to submit the final plat. Commissioner Geile moved
to continue said matter to April 25, 2005. Commissioner Long seconded the motion, which carried
unanimously.
CONSIDER PROBABLE CAUSE HEARING CONCERNING USE BY SPECIAL REVIEW PERMIT#1100-
JOE AND RITA GAONA: Ms. Lockman identified the location of the property and the screened area. She
stated USR#1100 was approved for an auto and farm machinery repair business and the site plan included
a screened area for enclosure of all storage. She explained a couple of cars, travel trailers and farm
machinery are located on the unscreened portion of the property; however, it is uncertain whether the
vehicles are part of the machine shop or belong to the applicant. Ms. Lockman stated the applicant was
not present and there was no public comment. Commissioner Vaad moved to set a show cause hearing
for April 25, 2005. Commissioner Long seconded the motion, which carried unanimously.
CONSIDER PROBABLE CAUSE HEARING CONCERNING USE BY SPECIAL REVIEW PERMIT#1316-
HALL-IRWIN CORPORATION: Ms. Lockman identified the location of the site. She stated USR#1316 was
approved on May 23, 2001,for gravel mining. She explained the Conditions of Approval required a flood
hazard permit be submitted to ensure the site was in compliance with the Federal Emergency Management
Agency(FEMA)and Flood Hazard Development Permit402(FHDP-402)was approved on June 15,2001.
She stated that FHDP-402 states that no stockpiling or structures were proposed in the Floodway District
and,therefore,no construction of the floodway should occur. She explained that in an attempt to come into
compliance,the applicant submitted Amended FHDP-402(AMFHDP-402)on January 17,2005;however,
AMFHDP-402 was denied by staff because it was based on studies which have not been reviewed or
accepted by FEMA. She stated inspections of the property confirm that stockpiles are located on the site;
however,the piles have been substantially reduced. Ms. Lockman identified the floodway and the floodplain
and presented pictures of the stockpile. Responding to Commissioner Masden, Ms. Lockman stated the
stockpiling needs to be removed as soon as possible to come into compliance.
Julie Cozad,authorized agent for the applicant,gave a brief overview of the history of USR#1316, stating
that on February 5, 2003, there was a probable cause hearing associated with the Kern Reservoir
Reclamation Project and Hall-Irwin Corporation was cited by staff for having an unapproved access point
onto the State highway and exceeding approved hours of operation. She stated at the probable cause
hearing it was noted that the applicant was stockpiling within the floodway and the Director of the
Department of Planning Services stated,at that time,that staff would work with the applicant regarding the
issue. Ms. Cozad stated the applicant was never contacted by staff concerning the matter until
February 28, 2005, through a letter stating Weld County was proceeding with administrative action. Ms.
Minutes, March 21, 2005 2005-0995
Page 3 BC0016
Cozad stated the Kern Reservoir Reclamation Project was completed in April 2003 and the dredged
material, consisting of two million cubic yards of material, was stockpiled because it takes at least two to
three years to process that amount of material. She explained that in September 2004 Hall-Irwin applied
for a Recorded Exemption to split the property to annex property,separate from the rest of the property so
that the CLOMR could function separately from the other piece of property. She stated that it was during
the Recorded Exemption process that the floodway issue came up again and a meeting was held with staff
in December 2004 to come up with some ideas to bring Hall-Irwin into compliance with the stockpile and
it was determined that Hall-Irwin should amend the flood hazard permit. Ms. Cozad indicated a floodway
island located within proximity of the stockpile and stated two different engineering firms have confirmed
that a flood in 1999 physically traveled around the floodway island. She stated Hall-Irwin has worked with
the Department of Public Works to move Weld County Road 13 up three feet and install a series of culverts
along the river. She stated that on January 6,2005,representatives from Hall-Irwin met with staff to discuss
the Flood Hazard Development Permit(FHDP)application and to explain the split-flow and on January 18,
2005,the FHDP was submitted to Weld County;however,on February 28,2005,the FHDP was denied by
staff. Ms. Cozad questioned the qualifications of the review process because Hall-Irwin had two
professional engineers put the FHDP application together and staff had indicated that a Weld County
building inspector had reviewed the FHDP application.
Ms.Cozad stated it is anticipated that the stockpile should be gone within a year; however, another option
would be to submit the CLOMR and the annexation and finish the engineering; however,that option could
take a year. She stated the annexation application has not been submitted because it is subject to the
CLOMR. She added there are other gravel pits that have stockpiling in the floodplain and the floodway.
Hall-Irwin representatives have worked with staff to address the issues and Hall-Irwin engineering shows
there are no health,safety or welfare issues for the citizens of Weld County and there would not be a flood
problem. She stated that the temporary stockpile has not been added to since Fall of 2002 and has
significantly decreased in size since that date; she stated the material in the stockpile will be removed by
March 31, 2006, in the manner approved by staff. Responding to Commissioner Geile, Ms. Cozad stated
the Amended FHDP was required because the original permit did not indicate the stockpiling in the area and
staff required application for the FHDP for the stockpile so that FEMA could review it; however,the CLOMR
that Hall-Irwin is working on right now does not include the stockpile. She stated the CLOMR would be used
to fill in some areas of the floodway, to raise Weld County Road 13 by three feet, and for the series of
culverts; in addition, after the CLOMR is approved by FEMA, improvements would be completed.
Kim Ogle, Department of Planning Services,stated he reviewed the FHDP permit and submitted it to FEMA
for review. He stated that a representative from FEMA indicated the CLOMR was submitted; however, it
was not reviewed or seen by FEMA. Mr. Ogle continued that there is not an official document for the
property and to uphold the flood hazard regulations, the flood insurance map has to be referred to,which
shows the area as a floodway. He stated the applicant may come back in and do a letter of map
amendment to address the issue at the property instead of going through the CLOMR-LOMR process;
however,the issue for staff is that Hall-Irwin is stockpiling materials within the floodway and nothing can be
stockpiled within the floodway. He stated the only thing allowed within the floodway,according to the Weld
County Code, is a loafing shed. He stated, should a flooding event occur, and stockpiling materials was
allowed by Weld County, a hearing could be generated by FEMA to discuss the consequences of Weld
County's decision. Ms.Cozad responded that staff was aware that the stockpile existed two years ago and
the only comment from staff, at that time,was a request for the Board of County Commissioners to allow
staff to work with Hall-Irwin concerning the issue of the stockpile. She stated the issue was not part of the
Probable Cause Hearing at that date and, had Hall-Irwin been informed by staff there was a problem with
the stockpiling, Hall-Irwin would have done something different.
Minutes, March 21, 2005 2005-0995
Page 4 BC0016
Responding to Chair Jerke, Mr. Ogle stated FHDPs are directed to the Departments of Public Health and
Environment,Public Works, Planning Service and the building inspector for the region involved. He stated
staff reviews the information submitted by the applicant; however, Hall-Irwin had a CLOMR that was
completed by a consulting firm that was done two years ago and was not submitted to FEMA, and staff
cannot recognize the CLOMR without the official stamp of approval from FEMA. He stated Weld County
reviews the information in an unofficial capacity and FEMA has to recognize the CLOMR, adopt it and
approve it as a change in the floodway and there could be a change in the floodway; however, until FEMA
recognizes the document,Weld County has to go back to the flood insurance map. Responding to Chair
Jerke, Mr. Ogle stated staff went through all the gravel and flood hazard permits specifically looking for
cases where stockpiled material was located in a floodway. He stated staff did not find one instance,
besides said case, where a similar situation exists.
Chair Jerke stated the lines seem more than arbitrary between the terms "floodplain" and "floodway",
because when driving through the County it looks like there are piles of sand right next to rivers at elevations
that appear to be potential problems and this one may or may not be. Responding to Commissioner Vaad,
Mr.Ogle stated FEMA has the authority to decide if a floodplain island exists through the CLOMR process;
however, the applicant has not submitted the document to FEMA. Responding to Commissioner Geile,
Mark Severin,Tetra Tech RMC,stated when the FHDP was amended,the stockpile was identified as being
in an area currently in the affective floodway and the support documentation provided for a draft letter of map
amendment that demonstrated the location of the floodway island. Mr.Severin identified the location and
path of the split-flow,the floodway island and the definition of the floodway. Responding to Commissioner
Vaad, Mr. Severin identified the stockpile in relation to the split-flow, stating he would argue the point that
there is a floodway island in existence by way of an hydraulic analysis submitted to FEMA for review. Mr.
Severin stated the application for CLOMR was prepared four or five years ago; however, it has not been
submitted to FEMA because there were other issues that occurred that would have been combined with
a conditional letter map revision to cover the raising of Weld County Road 13 and submitted as one
package, when completed. Ms. Cozad stated the application for CLOMR will be submitted within two to
three months; however, if the stockpile needs to be included, it will be included in the application to FEMA.
She stated the engineering would take an additional three months and the review by FEMA would take
another six months and by that time, the pile would be gone. She stated the flood of 1999 showed there
is a floodway island. Responding to Commissioner Geile, Ms.Cozad stated if there was a flooding event,
and Weld County 13 is raised, the fill will keep the flow from backing up in the area, and it will not impact
the stockpile. Responding to Commissioner Vaad, Ms. Lockman stated the approval of the flood hazard
permit has to do with the CLOMR being approved stating the floodway island exists and the probable cause,
leading to a show cause, refers to noncompliance with the USR because of the nonexistent flood hazard
permit for stockpiling. Responding to Commissioner Geile, Ms.Cozad stated Hall-Irwin has an approved
FHDP that does not include the stockpiling. Mr. Ogle stated FHDP-402 was approved for the gravel
operation for the placement of the batch plant; however, in its application, Hall-Irwin stated it would not
stockpile on the site and since it did stockpile, they are in violation of the FHDP that was approved.
Responding to Chair Jerke, Mr. Ogle stated the applicant submitted an application to amend the FHDP
based on information that has not been reviewed by official Federal agencies to take it out of the floodway,
and Weld County reviews the FHDP based on the information at hand. He stated once the material has
been placed in the floodway,the applicant must show evidence that FEMA has approved the materials and
recognizes that there is a floodway island in existence and Weld County would then receive CLOMR
indicating the area is in a floodway island. He stated if the applicant had the documentation from FEMA
indicating the floodway island, there would be no problems; however, Weld County does not have that
particular document in hand. Responding to Chair Jerke, Mr. Ogle stated the applicant has known about
the issue for two years because they placed the dredged material on the floodway island and if they had
turned in the application two years ago and been through the process with FEMA,the hearing would not be
taking place because the permit would have been approved. Ms.Cozad stated the testimony on the hearing
of February 2003 was that staff would be working with Hall-Irwin on the stockpile in the floodway and until
Minutes, March 21, 2005 2005-0995
Page 5 BC0016
Hall-Irwin submitted a recorded exemption application,there was no correspondence from the Department
of Planning Services regarding this issue. Chair Jerke stated the Board of County Commissioners instructs
staff to work with applicants as much as possible, as long as possible and as well as possible,to alleviate
situations and there is an enormous amount of precedence for that.
Jeff Gregg, representative for Hall-Irwin,stated the reason Hall-Irwin did the original FHDP was an addition
to the existing operation,and the goal was to stockpile the materials at a different location. The amendment
was initiated to include the stockpile,which came from Windsor Lake. George Hall, President of Hall-Irwin,
stated it is important to remember that the stockpile is there because the Kern Reservoir excavation and
expansion was a once in a century opportunity for Windsor. He stated there has not been one rock added
to the stockpile since the excavation was completed, and the project added a tremendous amount of
volume to the lake and was very beneficial to Weld County and to the users of the water from Kern
Reservoir. He stated if the spoils had not been taken from the lake, the lake would still be a mud flat
because the cost was prohibitive and even with the close proximity of the spoils area,the project was a 6.5
million dollar project of which Halls-Irwin paid thirty percent. He stated the pictures taken by staff had to do
with access,and nothing was mentioned about the stockpile being in the floodway and the floodplain. The
most dramatic proof of existence of the flood island was the flood of 1999 which proved that Hall-Irwin's
engineering study was correct. He stated the pile is going away and Hall-Irwin is moving it as rapidly as it
can and there is a cut through the center of the pile so that, in the event of a spectacular flood,water would
be able to pass around the first pile. He stated if Hall-Irwin could have sat down with staff two or three
months ago and explained the situation,this hearing would not be taking place;however,staff sent this off
to FEMA and it is a Catch-22 for developers when dealing with a Federal agency. He stated processing
should be finished by the end of 2005,the pile will be gone; if not,the stockpile will most certainly be gone
by this time next year. There was no public testimony.
Commissioner Vaad stated the testimony has provided reason to believe a floodway island exists and will
be defended by a professional engineer. He stated he was convinced that the public safety is not
jeopardized because of the existence of the stockpile and that is tied to the existence of the floodway island.
He stated his vote would reflect maintaining the integrity of Weld County's system of review that was
committed to FEMA. He stated he does not want to jeopardize the agreement with FEMA to regulate the
flood hazard permitting. Commissioner Vaad moved to continue said matter to April 3, 2006,to allow time
for the applicant to remove the stockpile and to ascertain the determination from the adequate authority
concerning the existence of the floodway island. The motion was seconded by ChairJerke for discussion.
Chair Jerke stated he would prefer a dismissal of the case because the big picture shows what the Town
of Windsor was able to accomplish with Kern Reservoir by turning a big negative into a positive. He stated
he doesn't have a problem with the product dwindling away over a three or four year period and putting the
applicant in the middle of a Catch-22 situation seems ridiculous. He stated the applicant has met with staff
over the last few months and the meetings need to continue;however,staff needs to be willing to work with
people longer and further before matters progress to this point.
Commissioner Geile stated after hearing testimony regarding the floodway island, the LOMR, and the
permits,it appears the Development Standards and the Conditions of Approval have been met;especially
in view of the fact that the amended FHDP is in process and that fulfills the requirements of the Conditions
of Approval. He continued that, if there is a major event,there is documented history that a floodway island
exists;and Hall-Irwin has taken precautions to ensure flow proceeds through the property. Responding to
Commissioner Vaad's comments regarding FEMA,he stated if FEMA were to review the history of the Kern
Reservoir property and the plan to remove the stockpile within a year, he feels FEMA would see that the
applicant has met all the Development Standards and Conditions of Approval.
Minutes, March 21, 2005 2005-0995
Page 6 BC0016
Commissioner Long stated he would not be in support of continuing the matter because due diligence has
been initiated by the applicant. He stated dismissing the Probable Cause does not dismiss the ability of
staff to review and to continue to work together.
Upon a role call vote, the motion to continue said matter to April 3, 2006, failed four to one with
Commissioner Vaad voting in favor of the continuance.
Commissioner Geile moved to dismiss the Probable Cause hearing concerning Use by Special Review
Permit#1316. Commissioner Long seconded the motion. Upon a role call vote, the motion carried four
to one with Commissioner Vaad voting against the motion.
Chair Jerke called for a ten minute recess. Commissioner Long was excused for the remainder of the
meeting.
CONSIDER FINAL READING OF ORDINANCE 2005-02, IN THE MATTER OF THE ADDITION OF
ARTICLE XVI,GILCREST PLAN,TO CHAPTER 19 COORDINATED PLANNING AGREEMENTS,OF THE
WELD COUNTY CODE: Commissioner Vaad moved to read Code Ordinance#2005-2 by title only. The
motion was seconded by Commissioner Masden, and it carried unanimously. Bruce Barker, County
Attorney,read the title of Ordinance#2005-02. Ms. Lockman reviewed the addition of the 208 boundary for
the Town of Gilcrest. Chair Jerke noted the actual incorporated area versus the true developed area.
Menda Warne, Mayor,Town of Gilcrest(Gilcrest), stated at the Second Reading of Ordinance#2005-02,
the Board of County Commissioners had infrastructure, sewer and drainage issues and asked for a time
line for sewer improvements. Ms.Warne stated she developed a Sewer Improvement Timeline shown as
Exhibit B. She stated when looking at the other communities, Gilcrest's proposed boundaries are
reasonable and were selected because they are naturally occurring. She stated there is significant growth
in the area and if Gilcrest is not able to set the growth boundaries at the natural occurring boundaries, half
of a residential neighborhood within Gilcrest could be considered Milliken and across the street in the same
neighborhood could be Gilcrest. She stated Gilcrest is not looking at the area as a land grab; however,
Gilcrest must consider what could be reasonably expected to be the growth area and stake the claim before
the adjacent communities encroach on an area that would naturally be Gilcrest's. She identified the
undeveloped land in Gilcrest, stating the property is owned by three different landowners and two-thirds
have planned developments that have been submitted to Gilcrest. Referring to Exhibit B,Ms.Warne stated
the time line was developed based upon the 2003 Comprehensive Plan. She stated Gilcrest has set goals
and looked at a variety of needs based on the Comprehensive Plan with the Department of Local Affairs.
She stated the priority is to plan for and solve the drainage problem,which is why it is difficult to build upon
undeveloped property within Gilcrest. She explained Gilcrest has discovered it is eligible for$10 million
dollars of pre-disaster mitigation funds,which would be used to solve the drainage problems and relocate
the lagoon before 2006. She stated the goal as a Town is to access all the resources to solve the existing
problems by 2006. Chair Jerke stated the size of the Intergovernmental Agreements is of major concern.
Jack McClellan, property owner, reviewed his opposition to the Gilcrest Comprehensive Plan (Plan)
because it alters the development options available to landowners within the area. He stated the Plan
exempts minor subdivisions from development and encapsulates the issue that, if someone has an area
that they want to develop, and there is no utility available, the area becomes fallow land and cannot be
developed without the use of septic systems. He stated Gilcrest is not in a position to provide the kind of
facilities that Urban Growth Agreements contemplate. He stated the aforementioned$10 million dollars will
not be sufficient to mitigate the septic sewer problems. Commissioner Geile explained the process of
making application for a minor subdivision development. Mr. McClellan stated previous Urban Growth
Agreements of adjacent municipalities allowed minor subdivisions; however,the option has been removed
with the Gilcrest Plan,and because Weld County Code states that nine lots or less will not be approved by
Minutes, March 21, 2005 2005-0995
Page 7 BC0016
Department of Planning Services, the request would go to the Town of Gilcrest and Gilcrest has at least
a year to rule on whether a minor subdivision is annexed. Responding to Commissioner Geile, Mr. Barker
stated the definition of a non-urban area excludes the nine lot minor subdivision. He stated one alternative
would be to have a nine-lot Planned Unit Development.
Chair Jerke stated Mr. McClellan's testimony voices his arguments regarding forcing property owners to
jump through hoops to be able to do something different with their properties. He stated he opposes the
matter because although Urban Growth Agreements do have some benefits,they need to be smaller in size
to guarantee greater rights to property owners living within Weld County that want to do something different
with their properties. Commissioner Geile stated there are various financing mechanisms to assist Gilcrest
in improving, updating and upgrading the sewer system,and the Comprehensive Plan developed by Gilcrest
is realistic. Commissioner Vaad stated the Town of Gilcrest has shown due diligence in creating the large
boundaries requested. Commissioner Masden stated he had concerns about the proposed boundaries and
the ability of the Town of Gilcrest to service the area; however, he will support the matter. Mayor Warne
responded that the upgrade to the current sewer system should be completed by April 30,2005,there are
a variety of possible relocation sites and the specific site will be determined by the financing available. She
added she has had discussions with the Town of Platteville regarding a shared sewer system plan.
Commissioner Geile moved to approve Code Ordinance#2005-2 on final reading. Commissioner Vaad
seconded the motion. Upon a roll call vote,the motion passed three to one with Chair Jerke voting against.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
consent agenda. Ordinance #2005-2 was approved on Final Reading.
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 10:10 a.m.
BOARD OF COUNTY COMMISSIONERS
i,////// WELD COUNTY, COLORADO
Eget 44 `t-, N fir
William H. J e, Chair
361 (( s �► n Jerk to the,Board
et 14.
. J. ei e, Pro-Tem
uty Cler to the Board EXCUSED DATE OF APPROVAL
David E. Long
EXCUSED DATE OF APPROVAL
Robert D. en
Mas
� (� \Glenn Vaad
Minutes, March 21, 2005 2005-0995
Page 8 BC0016
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