HomeMy WebLinkAbout20041184.tiff STATE OF COLORADO
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY
March 1, 2004 - Tape #2004-09
RE: Repealing-Reenacting, Chapter 19, Article VIII
Weld County Code, Mead IGA Agreement.
TRANSCRIPTION PORTION OF TAPE RECORDED PROCEEDINGS
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 Weld County Centennial
Center, Greeley, Colorado at 9 : 00 a .m.
ATTENDANCE
ROBERT D. MASDEN, Chair
WILLIAM H. JERKE, Pro-Tem f ri
C)
M. J. GEILE we ic
GLENN VAAD - '° t
i
DAVID E . LONG (Excused) >U
rn
ALSO PRESENT
BRUCE T. BARKER, Weld County Attorney
CAROL A. HARDING, Acting Clerk to the Board
MONICA MIKA, Department of Planning
DONALD D. WARDEN, Director, Finance and
Administration.
MICHAEL FRIESEN, Administrator, Town of Mead.
L-MAC R & T 303.798.0380 WELD CTY BOCC March 1, 2004
2004-1184
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2
1 [The tape recorded proceedings , PORTION of the
2 Weld County Board of County Commissioners meeting as set
3 forth on page one is transcribed as follows : ]
4 CHAIRMAN MASDEN: Okay. Next is the first
5 reading of Code Ordinance Number 2004-1, the matter of
6 repealing and reenacting with amendments , Chapter 19,
7 Article VIII of the Weld County Code, Mead IGA Agreement .
8 Continued from February 9th, 2004 .
9 MR. BARKER: Mr. Chairman, you know, I think we
- 10 did the reading the first time around. You probably read
11 it by Title only.
12 COMMISSIONER VAAD: Move to read by Title only.
- 13 COMMISSIONER GEILE : Second.
14 CHAIRMAN MASDEN: The motion by Commissioner
15 Vaad is seconded by Commissioner Geile to read by Title
16 only. Any further discussion? If not all in favor say,
17 "Aye . "
18 VOICES : Aye.
19 CHAIRMAN MASDEN: Those -- Nay? Carried.
20 MR. BARKER: Weld County Code Ordinance Number
21 2004-1 in the matter of repealing and reenacting with
22 amendments Chapter 19 , Article VIII of the Weld County
— 23 Code, Mead IGA Agreement .
24 CHAIRMAN MASDEN: Okay. Thanks, Bruce . Good
25 morning, Monica .
L-MAC R & T 303.798.0380 WELD CTY BOCC March 1, 2004
3
1 MS . MIKA: Good morning . Monica Mika,
2 Department of Planning Services .
3 I went through a series of maps at the first
4 reading, I believe . But I ' d like to just go through those
5 to refresh the Board what we' re looking at .
6 And what this first overhead shows are the
7 existing IGA' s in the Mead area . The - - I ' m going to grab
8 my little pen, Michael . This area is the area defined as
9 the Mead IGA boundary area . This is the Longmont,
10 Frederick and Firestone .
11 The next area that factors into the development
12 is defined mixed-use development area, which interfaces
13 all of these intergovernmental agreement boundary areas .
14 This map shows a series of things the first of
15 which is the Mead IGA boundary area . There were three
16 parcels that we' re petitioning for inclusion.
17 Planning Commission made a recommendation for
18 accepting - - as the Frederick Senn addition to be included
19 in the Mead IGA as well as the Delphit School addition.
20 Planning Commission made a recommendation of
21 disapproval for inclusion of Sekich Addition. Concerns
22 regarded leapfrog development, and flag poling from
23 existing communities .
24 Planning Commission also looked at in fill of
25 community as being the most appropriate use .
L-MAC R & T 303.798.0380 WELD CTY BOCC March 1, 2004
4
1 Additionally when this was proposed to the Weld
2 County Planning Commission, the Weld County Planning
3 Commission commented that the proposed Sekich Addition is
4 outside the existing comprehensive plan boundaries and had
5 concerns about petitioning for property into the IGA but
6 outside the boundaries .
7 The next area . In order to expand an IGA
8 boundary area the community does have the burden of proof
9 to show that they have the ability to provide sanitary
10 sewer. This information was provided to us in order to
11 address that concern. And it shows the Valley View, Mar
12 Hill , Feather Ridge Estates as well as the North Peak
13 Estates . These are subdivisions presently served by the
14 Town of Mead.
15 This shows that there was a series of amendments
16 to the intergovernmental agreements that occurred in year
17 2000 , and the boundary -- the boundary area is kind of
18 interesting . Up in this area, property owners petitioned
19 for inclusion in this little right in there is - - would
20 be considered a county enclave of the MUD -- oh, I'm
21 sorry, the IGA.
22 These lines show the ability to provide for
23 sanitary sewer. This outside line shows the Mead - - where
24 Mead has the ability to provide for the sanitary sewer and
25 this orange line is showing the comprehensive plan
L-MAC R & T 303.798.0380 WELD CTY BOCC March 1, 2004
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1 boundaries . And that' s it .
2 COMMISSIONER MASDEN: Okay. Questions of
3 Monica? Okay. Thank you.
4 MS . MIKA: You' re welcome .
5 CHAIRMAN MASDEN: Is anyone here, this morning,
6 to speak about the IGA representing Mead. Can you come up
7 here to the table, and give your name and address, please?
— 8 MR. FRIESEN: My name is Michael Friesen. I 'm
9 the Town Administrator for the Town of Mead. Post Office
10 Box 626 , Mead, Colorado, 80542 .
11 COMMISSIONER MASDEN: Welcome, Mike . Do you
12 have any comments on this, this morning?
13 MR. FRIESEN: Yes, more or less . The primary
14 thing I 'm supposed to be here for this morning is to tell
15 the commissioners that my board would like to have this
16 matter postponed indefinitely.
17 I don' t know what else the next step should be
18 for all of you. So I just have to go from there .
19 COMMISSIONER MASDEN: Okay. Commissioner Geile .
20 COMMISSIONER GEILE : Well , Mr. Friesen, let' s - -
21 let' s say we did postpone it indefinately. For -- I would
22 assume some of that might be -- and I don' t know that it
23 might be difference of opinion on your Board should they
24 have an IGA or not have an IGA.
25 But let' s - - That' s kind of carry that forward.
L-MAC R & T 303.798.0380 WELD CTY BOCC March 1, 2004
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1 And maybe I can ask Monica and Bruce .
2 But if -- If we did not have an IGA tell me how
3 the planning part of it would be coordinated with the Town
4 of Mead? In other words, we' d still have to referral . We
5 still take those referrals very seriously.
6 Could you maybe just give a little bit of an
7 explanation of how all that would work.
8 MS . MIKA: Sure. Monica Mika, and I ' ll start,
9 and if I leave out anything, Bruce can comment .
10 The Weld County Comprehensive Plan defines
11 urban growth as in two ways . Either one, through an
12 Intergovernmental Agreement . Or the default definition is
13 described a half mile from a sanitary sewer lines of the
14 community. So obviously, as the community extends their
15 sanitary sewer lines, their boundaries also extend after
16 ratification in the ordinance .
17 And so there still would be an urban growth
18 boundary established in - - in and around the Town of Mead,
19 like there is now through the IGA.
20 We would still participate in land-use referrals
21 three miles from their municipality. So that process
22 would consistent with how we' re - - how we' re presently
23 interfacing . The boundary areas, obviously, would be
24 ratcheted down from where they are today.
25 CHAIRMAN MASDEN: Any questions? Monica, the
L-MAC R & T 303.798.0380 WELD CTY BOCC March 1, 2004
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1 half mile and the three mile are both statutory, right?
^ 2 MS . MIKA: The half mile is not - -
3 CHAIRMAN MASDEN: Is not?
4 MS . MIKA: - - statutory. The half mile - -
5 CHAIRMAN MASDEN: The three mile?
6 MS . MIKA: -- is how it' s defined in our own
7 comprehensive plan.
8 COMMISSIONER GEILE : And then the other question
9 I had, Mr. Friesen, is how would we continue to work on
10 the strategic roadway plan. What is the town boards
11 feeling about that?
12 MR. FRIESEN: A separate issue, inasfar as I
13 know. I continue to work with you on that .
14 COMMISSIONER GEILE : Okay. So it would be
15 separate issue . Separate from this .
16 MR. FRIESEN: Right . Now you mean the Weld
17 County Roadway Classification plan, or you mean the
18 Weld -- or you mean the I-25 reliever parallel arterial?
19 COMMISSIONER GEILE : I believe that' s the one
20 I 'm talking about .
21 MR. FRIESEN: Okay. We' re waiting for the
22 County to send us an IGA with those corridors in order to
— 23 consider it, ` cause we've never received an IGA on that
24 topic . We thought you were still working on it or
25 something.
L-MAC R & T 303.798.0380 WELD CTY BOCC March 1, 2004
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1 COMMISSIONER GEILE : Okay. Well , then let me
2 ask a question in another way. Has the Board pretty
3 well - - I think the mayor the other night said, at least
4 what I heard him, but I thought said - - and there were so
— 5 many discussions that were going on.
6 MR. FRIESEN: Mm-hmm.
7 COMMISSIONER GEILE : But it seems to me that he
—
8 said that the corridors that we had established were
9 satisfactory. It was just a matter of getting it into an
— 10 IGA so it could move ahead. Is that what I heard? Or
11 maybe you could help me?
12 MR. FRIESEN: That wouldn' t be quite correct . I
— 13 think the Board will buy into the corridor that FHU
14 recommended on the east side of the Interstate . I think
—
15 on the west side of the Interstate there is still no
16 consensus . They will probably want to discuss tweaking
—
17 that line somewhat .
— 18 Their basic philosophy is they will pick up the
19 arterial at what we would like our borders to be, top and
20 bottom, north and south so to speak. And we just didn' t
21 know whether you were waiting to resolve some of your own
22 issues because we' ll start with our border. We' re not
23 going pay attention, for the most part, to where 7 goes
24 outside of our borders .
25 COMMISSIONER GEILE : And then the other question
L-MAC R & T 303.798.0380 WELD CTY BOCC March 1, 2004
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1 I had would be Weld County Road 13 as the other part of
2 the strategic plan. Which is different - -
3 MR. FRIESEN: Right .
4 MR. GEILE : And I assume that we pretty well
5 agreed on that?
6 MR. FRIESEN: Then I think I can represent that
7 my Board will buy into 13 being a strategic plan - - or
8 arterial and widened, yes .
9 COMMISSIONER GEILE : What I think as we have
10 with Frederick, or excuse me with well Frederick and
11 Dacono, and I think Firestone eventually, it would be the
12 same IGA that we have with them, that we would be
13 proposing just to make sure that we have a kind of an
14 agreement of procedure . Would you concur with that? So
15 that' s probably something for us to get to you, too.
.. 16 MR. FRIESEN: We got the draft, Weld County Road
17 13 , IGA already --
-
18 COMMISSIONER GEILE : Okay.
19 MR. FRIESEN: -- almost two years ago. And we
20 started to consider it and then when we heard that it was
21 running into controversy down in the Tri-towns, we put it
22 on the shelf and we've left on the shelf .
23 I don' t know whether in the process of the
24 County working on that document with the Tri-towns whether
25 the text of it is now changed somewhat . So you' d have to
L-MAC R & T 303.798.0380 WELD CTY BOCC March 1, 2004
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1 advise me whether that should be revised and re-sent to
2 Mead.
3 It was - - it was a fairly skeletal document . It
4 didn' t have lot of standards or details in it . And --
- 5 COMMISSIONER GEILE : And if I may one more
6 question --
7 CHAIRMAN MASDEN: Mm-hmm.
8 COMMISSIONER GEILE : -- Mr. Chairman. If we
9 continue it indefinitely as a recommendation from the Mead
10 Town Board, as versus terminate the agreement, what' s --
11 what, from the legal point of view, counsel , what should
12 be done?
13 It sounds to me like it' s the same whether it' s
14 continued indefinitely, it' s -- what' s continued
15 indefinitely and --
16 MR. BARKER: I think just number one, on any
17 ordinance, I don' t think that we can postpone it
18 indefinitely, ` cause it' s -- there' s a tight time frame
19 that' s set out in the Home Rule Charter, we have to abide
20 by, including notices .
21 So we have to either take it off the table. We
22 can always bring it back. I mean, it can always revisited
23 so that it can brought back before both the Planning
24 Commission and the Board.
25 In this instance what this ordinance does is two
L-MAC R & T 303.798.0380 WELD CTY BOCC March 1, 2004
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1 things : one is, it basically reinstates the agreement
2 with a termination date on an automatic deal . So it keeps
3 on going. And then secondly is it amends the map to add
4 the three areas that are being asked to be added by the
5 Town of Mead. And then also the individuals who have
6 consented to that .
7 So if this is voted down today, in essence the
8 agreement is not continued or extended. So I think it can
9 be stated that the agreement is, in effect, terminated,
10 not only by its own terms, but then also by this .
11 COMMISSIONER GEILE : But there' s nothing, if I
12 may, Mr. Chairman, it precludes us and the town of Mead to
13 come back at another date and negotiate an IGA perhaps at
14 a different time with different --
- 15 MR. FRIESEN: Mm-hmm.
16 MR. BARKER: We could do that, even as early
17 as next week, if you wanted to. I mean, it can happen
18 anytime .
19 MR. FRIESEN: There' s really a multiplicity of
20 issues involved here . So if you would end up terminating
21 the hearing, I don' t think that' s a problem with the Town
22 of Mead.
23 But, you know, you have to do whatever your own
24 procedures are . I presume that means you' d just have to
25 re-publish again, but we' d have to re-submit again.
L-MAC R & T 303.798.0380 WELD CTY BOCC March 1, 2004
- 12
1 I 'm aware that the original 2000 document
2 expired in June of 2002 . And fundamentally, I guess both
3 parties here have been treating it as if it has been in
4 effect because we continue to send referrals to each
5 other . I ' m assuming that' s what constitutes treating it
6 as being still in effect .
7 But there isn' t a consensus on my Board as to
8 whether they want to continue with the amendment to the
9 agreement which would then continue to revive it . They
10 may not like that language anymore .
11 And then there' s also the issue about what to do
12 about the fact that one of the parcels was recommended not
13 to be included in the IGA.
14 And then I suppose, moving on to the third
15 thing, the whole philosophy about the IGA in the first
16 place.
17 COMMISSIONER MASDEN: Okay. Commissioner Vaad.
18 COMMISSIONER VAAD: I 've no inclination other
19 than to do what Mead wants and has requested us to do.
—
20 But I' d like to talk about it a little bit .
21 MR. FRIESEN: That' s fine .
22 COMMISSIONER VAAD: "Postpone indefinitely, " in
23 legislative parlance, has a meaning that' s generally
24 accepted as dead and gone forever, deep-sixed, or other
25 terms that they use . That' s not my desire however.
L-MAC R & T 303.798.0380 WELD CTY BOCC March 1, 2004
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1 And we are working with Intergovernmental
2 Agreements with the neighboring community to Greeley here .
3 And in the discussion, extended discussion, we had just
4 week about that .
5 The Intergovernmental Agreement with Weld County
6 seemed to be successful in isolated -- meaning that if a
7 community was isolated, surrounded totally by
8 unincorporated Weld County, seemed to work a little
M
9 better.
10 Once, though, two communities come together
11 there' s a whole new mix, in which I think I stated is
—
12 like three parties at the card table, the County the two
—
13 municipalities . But the County has been given no cards .
14 Because it' s strictly between you.
— 15 And I think that' s where you' re headed with
16 Berthoud coming down, Longmont coming up, Firestone coming
17 up and other communities .
—
18 MR. FRIESEN: We've had boundary agreement
19 discussions with all of them - -
-
20 COMMISSIONER VAAD : Okay. And so --
21 MR. FRIESEN: -- in one stage or another.
22 COMMISSIONER VAAD: Yeah. And we've negotiated
23 I believe in good faith. In the beginning, it took a long
24 time, in the first Mead IGA. And we had an understanding
—
25 I believe to a lot of the things in that intergovernmental
L-MAC R & T 303.798.0380 WELD CTY BOCC March 1, 2004
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1 agreement about how we would mutually plan, that I think
2 were mutually beneficial to that . I ' d like to see us
3 continue on that .
4 But again, bringing an unwilling partner to the
5 table wasn' t my desire at all . So I will make or support
6 a motion to, I guess, just vote against this , if that' s
7 appropriate, counsel , or to table it , or however that ' s
8 most effective .
9 But I sure hope that, as Bruce suggested, as
10 early as a week from now, we start talking again, because
11 it' s to your benefit, I believe, and I sincerely believe
12 on the part of the county it' s to our benefit to continue
— 13 this conversation for the benefit of our mutual citizens .
14 MR. FRIESEN: I think you' re going to have to
15 wait until after the April 6th municipal elections .
16 COMMISSIONER MASDEN: Okay. Any further
17 discussion? Okay. Bring it back to the Board.
18 MALE VOICE : Uhh --
19 CHAIRMAN MASDEN: Let me -- Yeah.
20 Let me open this up to the public for public
— 21 input on this . If there' s anybody here today that would
22 like to speak on this matter, they can come to the table
23 or to the lectern and give their name and address . And
24 give their views of three minutes for discussion on this
25 matter?
L-MAC R & T 303.798.0380 WELD CTY BOCC March 1, 2004
15
1 Seeing there is noone here in the public that
2 would wish to speak on this matter with the IGA, with
3 Mead, we' ll close the public hearing portion and bring it
4 back to the Board.
5 Have any more questions of staff for anybody.
6 Commissioner Vaad.
7 COMMISSIONER VAAD : Yes . Of Bruce and when
8 would an appropriate motion be to table this, and then
9 bring it back for consider- -- would that save us
10 anything?
11 MR. BARKER : If you' re going to table it, I
.. 12 would suggest it be continued to either the first reading
13 or approve it on the first reading and then go to the
14 second reading .
15 I -- I think it would be better to go ahead and
16 continue it though, if you want to so-called "table it , "
17 to a date certain. We need to have date out there, that
18 would be six months, nine months, three months whatever
19 that might be .
20 The other thing is that if it ' s not a desire to
21 continue this reading, I think the motion needs to be on
22 any ordinance in the affirmative . So there should be a
23 motion to approve . If there is no motion, then it fails .
24 If there' s a motion and then no second, then it fails,
25 where if there' s not a vote to approve it .
L-MAC R & T 303.798.0380 WELD CTY BOCC March 1, 2004
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1 COMMISSIONER MASDEN: Okay. All right .
2 Commissioner Vaad?
3 COMMISSIONER VAAD: I 'm prepared to make a
4 motion.
5 CHAIRMAN MASDEN: Go ahead, Commissioner.
6 COMMISSIONER VAAD : Mr . Chairman, I would move
7 to continue Code Ordinance 2004-1 until the first regular
8 meeting of July 2004 .
9 COMMISSIONER GEILE : Mr . Chairman, I ' ll second
10 that .
11 COMMISSIONER MASDEN: We have a motion by
12 Commissioner Vaad, a second by Commissioner Geile to
13 continue first reading of Code Ordinance number 2004-1
14 in a matter of repealing or reenacting with amendments ,
15 Chapter 19, Article VIII to the Weld County Code and Mead
16 IGA to the first regular meeting in July of 2004 .
17 Any further discussions?
18 COMMISSIONER VAAD : Do we have a date -- ask
19 what the date is?
20 ACTING CLERK: I don' t have a calendar .
21 COMMISSIONER MASDEN: So just the first --
22 COMMISSIONER VAAD : Monday, July 5th?
23 ACTING CLERK: That ' s a holiday.
24 COMMISSIONER VAAD: Wednesday, July 7th?
25 CHAIRMAN MASDEN: Wednesday, July 7th. Okay.
L-MAC R & T 303.798.0380 WELD CTY BOCC March 1, 2004
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1 Any further discussion? Commission Jerke .
2 COMMISSIONER JERKE : I 'm going to vote against
3 this . I guess I don' t see any reason to put kind of a
4 false date out there in this thing. I don' t think that it
5 puts the pressure on anybody to try to do anything. I see
6 paper as being pretty cheap .
7 You know, Bruce, we pay him monthly, you know.
8 He can go ahead and get to work on it with Mead. It' s not
9 like we' re paying him by the hour for this stuff .
10 So I guess I don' t have any reason to go ahead
11 and support it at this point . I believe that it can come
12 up when it ' s right , whether that be April the 7th, 2004 ,
13 ' 05 , ' 06 whenever, under whatever circumstances that both
14 entities wind up agreeing to. So I don' t see any reason
15 to continue this particular set of paperwork.
16 CHAIRMAN MASDEN: And further discussion? I 'm
17 going to have to agree with Commissioner Jerke . I will
18 not support -- in support of this motion.
19 I would just as soon terminate this at this
20 point in time . And let Mead approach us for a point in
21 time when they want to continue, or -- or start up the
22 negotiations on an intergovernmental agreement again with
23 the County. So I ' ll not be in support of this .
24 Any further discussion?
25 COMMISSIONER GEILE : The only thing I ' d like to
L-MAC R & T 303.798.0380 WELD CTY BOCC March 1, 2004
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1 add before we vote, Mr. Chairman. Mr. Friesen, please
2 express back to your Board I felt that in view of the
3 difficulty of the subject -- the topic that we had the
4 other night, I want to express my thanks to the courtesy
5 that we were shown by your Board as we went through the
6 dialogue and discussion. If you' d please get that back to
7 them. I was very impressed and very appreciative of that
^ 8 the other night . Thank you.
9 CHAIRMAN MASDEN: Any further discussion? If
- 10 not I ' d like to go along with Commissioner Geile on it .
11 Tell your board that we did - - it was very appreciative to
12 come to Mead and have that discussion with them. The
13 whole dialogue was pretty frank, but very open, and it was
14 pretty congenial .
15 Anyway if there' s no further discussion, I ' d
16 like to have a roll call please?
17 ACTING CLERK: Mike Geile?
- 18 MR. GEILE : Yes .
19 ACTING CLERK: Glenn Vaad?
20 MR. VAAD : Yes .
21 ACTING CLERK: Bill Jerke?
22 MR. JERKE : No.
- 23 ACTING CLERK: Rob Masden?
24 COMMISSIONER MASDEN: No. Showing that we have
25 four commissioners this morning and it ' s a two, two tie .
L-MAC R & T 303.798.0380 WELD CTY BOCC March 1, 2004
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1 We will have to wait ' till Commissioner Long comes back.
2 He will listen to the tape.
3 COMMISSIONER GEILE : I don' t think so.
4 MR. BARKER: This is a - - this is a legislative
5 matter, though.
6 CHAIRMAN MASDEN: Oh. Oh that' s right . So this
7 is a tie . So it' s - -
8 COMMISSIONER GEILE : It ' s dead.
9 CHAIRMAN MASDEN: It' s dead, then. And we
10 have a --
11 MR. BARKER: That motion is basically not
12 approved, ` cause you didn' t have three voting in favor
13 of it . Now you need to take care of the next issue, which
14 is, do you want to either approve or not approve the
15 ordinance? Or if you' d like to continue it to the date
16 that you have five here, you could do that , too.
17 CHAIRMAN MASDEN: Oh, okay. All right . Bring
18 it back to the Board. Do we want to continue the Code
19 Ordinance?
— 20 MR. BARKER: It should be a motion in favor. I
21 guess a motion to approve - -
22 CHAIRMAN MASDEN: Or a motion to approve the
.- 23 Code Ordinance?
24 MR. BARKER: And then see if you get the motion,
25 number 1, if there' s a second. And then the vote . And
L-MAC R & T 303.798.0380 WELD CTY BOCC March 1, 2004
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1 then again that would have to be approved --
—
2 CHAIRMAN MASDEN: By three?
3 MR. BARKER: - - by three.
4 CHAIRMAN MASDEN: Do you have a motion approve?
5 COMMISSIONER JERKE : What?
6 COMMISSIONER GEILE : Well , I guess I 'm losing
7 this .
8 COMMISSIONER JERKE : That' s what we just had
9 wasn' t it?
10 MR. BARKER : I think that the motion though was
11 to continue it . And so now it' s back on the table to
12 consider. You either approve it or not approve it .
13 CHAIRMAN MASDEN: Okay. Do I have a motion?
14 COMMISSIONER VAAD: Well , I guess, since I was
15 one of them - - If I may, Mr. Chairman.
16 CHAIRMAN MASDEN: Mm-hmm.
17 COMMISSIONER VAAD : I feel that if we' re not
18 going to continue it then it would probably just -- not
19 probably, I think -- To me the intent is then -- is to go
20 ahead and terminate the agreement, and then come back at
21 another time when both Boards are ready to start agreement
22 if that' s -- or discussions of that . If were not going to
23 continue then we ought to terminate so it' s clear as to
24 what' s going on, and there isn' t something hanging out
25 there that might give a -- and I don' t want to say a false
L-MAC R & T 303.798.0380 WELD CTY BOCC March 1, 2004
21
1 insinuation, but certainly it would be a correct
2 insinuation, I think, might -- that would be that we would
3 start at another time down the road to negotiate another
4 document . So I would be, if you' re ready, Mr. Chairman --
5 COMMISSIONER MASDEN: Sure .
6 COMMISSIONER VAAD: -- to make a motion that --
— 7 MR. BARKER: Then procedurally what the motion
8 ought to be is a motion to approve . If there is no motion
9 to approve, then it dies .
- 10 CHAIRMAN MASDEN: Okay. That' s right .
11 COMMISSIONER MASDEN: If there' s no second it
12 will die . All right . Any further discussion?
13 Commissioner Geile, if you want to - - Are you
14 ready to make a motion?
15 COMMISSIONER GEILE : No, I 'm not going to make
16 a motion.
17 CHAIRMAN MASDEN: Okay. All right . Do I have a
18 motion for the first reading of Code Ordinance to approve
19 the first reading on the Code Ordinance number 2004-1,
20 matter of repealing or reenacting with amendments, Chapter
21 19 , Article VIII to the Weld County Code, Mead IGA
22 continued from February 9th, 2004?
- 23 Do we have a motion to approve that? Seeing
24 there' s no motion to that, the amendment dies .
25 MR. BARKER: It fails on first reading.
L-MAC R & T 303.798.0380 WELD CTY BOCC March 1, 2004
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1 CHAIRMAN MASDEN: Fails on first reading. Okay.
2 All right .
3 MR. FRIESEN: May I ask a question?
4 CHAIRMAN MASDEN: Yes .
5 MR. FRIESEN: Does that mean there is no IGA
6 with Mead any more? There' s no box. There' s no urban
7 growth area . Is that what it means? It' s gone?
8 CHAIRMAN MASDEN: It sounds that way to me .
9 MR. FRIESEN: That' s what I need to know.
10 MR. BARKER: I think that' s something that you
11 may want to consider is the effect of this non-amendment .
12 And probably would be wise to send appropriate written
13 communication to Mead on that issue .
14 CHAIRMAN MASDEN: Well, it' s my intent counsel
15 is that we would handle it like Windsor, where we don' t
16 have IGA or Greeley where we don' t have an IGA. And
17 everything outside of their city limits, as it exists and
18 as it exists in the future, is not urban.
19 MR. FRIESEN: Okay.
20 COMMISSIONER MASDEN: Mr . Friesen, we will send
21 you a letter stating what' s, I guess , we feel the results
22 of this are . Monica?
23 MS . MIKA: I' m Monica Mika, with the Department
24 of Planning Services . On the overhead it does show the
25 existing sanitary sewer lines for the Town of Mead.
L-MAC R & T 303.798.0380 WELD CTY BOCC March 1, 2004
23
1 And if the Board wanted to be consistent with
2 the definition of urban growth as defined by the
3 comprehensive plan we certainly can take these existing
4 lines and extrapolate half mile, to get consistent half
5 mile urban growth boundary, if that would be the wishes of
6 the Board.
7 CHAIRMAN MASDEN: Well , then if I may -- and
8 thank you, Monica, for bringing that up. Then I would --
9 I guess my thinking would be it would be inconsistent - -
- 10 it would be consistent with our comprehensive plan as
11 the -- as it applies to one-half mile from the sewer, the
12 points of sewer .
13 MS . MIKA: That' s correct . And our Planning
14 Department can take this information and extrapolate half
15 mile, and work with the town staff to insure that they' re
16 comfortable with the half mile boundary as we define it .
17 Since we do allow communities the opportunity to work with
18 us in establishing that boundary --
19 CHAIRMAN MASDEN: Okay.
20 MS . MIKA: - - `cause we can work together on it .
21 CHAIRMAN MASDEN: Is that agreeable with
22 everyone, so it ' s consistent with our comp. plan? Okay.
23 That sounds good. All right .
24 COMMISSIONER GEILE : Sounds like a rolling urban
25 growth boundary.
L-MAC R & T 303.798.0380 WELD CTY BOCC March 1, 2004
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1 COMMISSIONER MASDEN: Yes . Okay. Is there
2 further discussion on this? If not, thank you. We are
3 adjourned for today.
4 CERTIFICATE
5 STATE OF COLORADO )
6 ) ss
7 COUNTY OF ARAPAHOE)
8
9 I , Laura M. Machen, an independent
10 transcriber and notary public within and for the State of
11 Colorado, certify the foregoing transcript of the tape/CD
12 recorded proceedings, In Re: March 1, 2004 - Tape #2004-09
13 Repealing-Reenacting, Chapter 19, Article VIII, Weld
14 County Code, Mead IGA Agreement, and as further set forth
15 on page one . The transcription, dependent upon recording
16 clarity, is true/accurate with special exceptions (s) of
17 any or all precise identification of speakers, and/or
18 correct spelling or any given/spoken proper name or
— 19 acronym.
20 Dated this 14th day of April 2004 .
21
22
4a.)Pring<
23
- 24 My commission expires May 23 , 2004
25 ORIGINAL
26 CERTIFIED COPY ( )
L-MAC R & T 303.798.0380 WELD CTY BOCC March 1, 2004
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