HomeMy WebLinkAbout20041027 RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MARCH 31, 2004
TAPE #2004-13
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 31, 2004, 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 Robert D. Masden, Chair
Commissioner William H. Jerke, Pro-Tem
Commissioner M. J. Geile
Commissioner David E. Long
Commissioner Glenn Vaad
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 Jerke moved to approve the minutes of the Board of County Commissioners
meeting of March 29, 2004, as printed. Commissioner Vaad seconded the motion, and it carried
unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: Fred Walker, County resident, stated the Weld County Farm Bureau has been working
to get House Bill 1155 through the legislature. He explained it originated in the House,was passed after
third reading,the Senate made a minor amendment,and it is now back in the House for reconsideration.
Responding to CommissionerJerke,Mr.Walker stated this is the Bill concerning the Lochbuie Road. Chair
Masden commended Mr.Walker for his work. Mr.Walker stated the support of the Weld County Board of
Commissioners has been a big help in promoting the issue.
Merna Folsom,County resident,referenced an article from the Longmont Times Call and encouraged the
Board to consider preserving agricultural lands through conservation easements. She stated the City of
Longmont and Boulder County have acquired various properties that are used for parks and open space,
and many sites are still leased for farming. Ms. Folsom stated the Mixed Use Development(MUD)area
permits urban-scale development,which is eliminating agricultural uses,and the development often places
a burden on the municipalities in the area. She stated Boulder County did place restrictions on taps within
one mile of the county line in an effort to preserve an open space area,and she proposed a limited sales
tax specific to the locations rather then the entire County. She stated Weld County needs to preserve
easements or the area will continue to be lost to surrounding municipalities.
2004-1027
BC0016
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Virginia Shaw, County resident, concurred with Ms. Folsom's comments and stated she supports a land
preservation tax which would provide for agricultural buffers between the municipalities. She stated there
needs to be another option for farmers and ranchers to preserve their land before they are forced to sell or
develop. She further stated towns continue to develop with overlapping buffers,and many south County
residents are facing offers from the City of Longmont and Boulder County for development rights. Ms.Shaw
reiterated that Weld County needs to continue its efforts for conserving agricultural land.
CONSENT AGENDA: Commissioner Vaad moved to approve the consent agenda as printed.
Commissioner Jerke seconded the motion, and it carried unanimously.
PROCLAMATIONS:
WELD COUNTY CHILD ABUSE PREVENTION MONTH-APRIL 2004:Chair Masden read the certificate
proclaiming April 2004 as Child Abuse Prevention Month. Christy Dodd, Director of A Kid's Place, was
present to accept the certificate. She thanked the Board for its support in trying to reduce the amount of
child abuse in Weld County. Ms. Dodd invited the Commissioners to attend an event on Friday, April 2,
2004,at 12:00 p.m.,at the recreation center,where Holly Smith will be speaking regarding how adults can
impact the lives of children.
COMMISSIONER COORDINATOR REPORTS: Commissioner Geile reported the All Hazards Planning
Region has been formally established. He stated Commissioners from all 11 counties attended a meeting
in Akron, Colorado, on March 22, 2004,where they all agreed on the format, principals, and process for
hiring a regional coordinator. He explained this is possible due to a grant received from the Office of
Regional Homeland Security and Emergency Preparedness, in the amount of $150,000, with Larimer
County acting as the fiscal agent. He stated all of the funds will come through the State to the counties and
municipalities in 11 separate planning regions in an effortto help get them prepared to respond if necessary.
He further stated he is very proud of the people who are involved; they are very capable.
WARRANTS: Donald Warden,Director of Finance and Administration,presented the following warrants
for approval by the Board:
All Funds $213,318.43
Electronic Transfers -All Funds $1,027,868.51
Commissioner Long moved to approve the warrants as presented by Mr.Warden. Commissioner Jerke
seconded the motion, which carried unanimously.
BIDS:
PRESENT UPS ELECTRICAL INSTALLATION FOR NORTH JAIL BID-DEPARTMENT OF FINANCE: Pat
Persichino, Director of General Services, presented the two bids received. Said bids will be considered
for approval on Aprill4, 2004.
PRESENT VARIOUS FUELS BID- DEPARTMENT OF PUBLIC WORKS: Mr. Persichino presented the
three bids received. Said bids will be considered for approval on April 14, 2004.
APPROVE CATTLE GUARDS - DEPARTMENT OF PUBLIC WORKS: Mr. Persichino stated the
Department of Public Works recommends approval of the low bid from Big R Manufacturing,LLC(Big R),
in the amount of$4,588.00,for each cattle guard,fora total of$36,704.00. Commissioner Long moved to
approve said bid as recommended by staff. Commissioner Vaad seconded the motion, which carried
unanimously.
Minutes, March 31, 2004 2004-1027
Page 2 BC0016
APPROVE 2004 STEEL BID-DEPARTMENT OF PUBLIC WORKS: Mr.Persichino stated the Department
of Public Works recommends approval of the low or sole bidders, which he reviewed for the record, for
corrugated metal pipe,corrugated plastic pipe,structural plate pipe,steel piling,fabricated guard rail post,
sheet piling, fencing, cattle guard cross bars, guard rail and guard rail ends, curved guard rail sections,
tubular guard rail, concrete products, and steel bridge deck. He stated no bids were received for steel
angles, black pipe,tubing,and flat plate,channel iron,or sign posts due to the changing cost of steel. Mr.
Persichino stated staff does not anticipate the need for a substantial quantity of any of the non-bid items,
therefore, when the items are needed they will do a requisition through the Purchasing Department to
determine the low vendor at that time. In response to Commissioner Jerke, Mr. Persichino stated DBE
Manufacturing is operated by a previous employee of Big R, and he is a local Weld County resident.
Commissioner Vaad moved to approve said bid as recommended by staff. Commissioner Jerke seconded
the motion, which carried unanimously.
CONDUCT ORAL AUCTION FOR REAL PROPERTY-DEPARTMENT OF FINANCE: Mr.Warden stated
the Food Bank property will be vacated and the site was published fora public sale;however,no bids were
received. He stated the Greeley Area Habitat for Humanity has requested a meeting with the
Commissioners to discuss other options for the property,which is in line with County policy when no bids
are received.
NEW BUSINESS:
CONSIDER PURCHASE OF SERVICES AGREEMENT FOR BLOOD DRAWING SERVICES AND
AUTHORIZE CHAIR TO SIGN-CITY OF GREELEY POLICE DEPARTMENT:Dave Bressler,Director of
Weld County Paramedic Service,stated under this agreement the Paramedic Service will go to the Weld
County jail to draw blood as ordered by the Court on various inmates. He explained under the current
system the inmates must be transported to the hospital, and this new system will eliminate the additional
processing hassles and provide additional safety for staff and the public. Commissioner Geile moved to
approve said agreement and authorize the Chair to sign. Seconded by Commissioner Vaad,the motion
carried unanimously.
CONSIDER TASK ORDER CHANGE ORDER LETTER #3 FOR TUBERCULOSIS PROGRAM AND
AUTHORIZE CHAIR TO SIGN:Dr.Mark Wallace,Director of Department of Public Health and Environment,
stated this task order change order will pass$10,000 for federal funds through the State to the County for
increased staff support to administer medication and ensure therapy is complete for active Tuberculosis
cases in Weld County. He stated the term is from July 1,2003,through June 30,2004,for a total amount
of $77,433 for prevention and treatment. Responding to Commissioner Vaad, Dr. Wallace stated the
Department of Public Health and Environment has provided centralized areas for therapy;however,they
can also provide staff who will go to individual locations. He stated they have utilized the offices at the
Southwest Weld County Administrative Building since there was an outbreak in that area of the county.
Responding to Chair Masden, Dr. Wallace stated many states are able to reduce the number of cases
through testing and prevention in high risk populations;however,in Colorado there is inadequate funding
so they are only able to treat the active cases. Commissioner Vaad moved to approve said task order
change order letter and authorize the Chair to sign. The motion,which was seconded by Commissioner
Long, carried unanimously.
CONSIDER TASK ORDER CHANGE ORDER LETTER #1 FOR BIOTERRORISM PUBLIC HEALTH
PREPAREDNESS PROGRAM AND AUTHORIZE CHAIR TO SIGN: Dr. Wallace stated this task order
change order letter will change the deadlines and allow for more flexibility when the deliverables are due.
He stated it will not affect the funding amounts. Commissioner Jerke moved to approve said task order
change order letter and authorize the Chair to sign. The motion was seconded by Commissioner Geile,
and it carried unanimously.
Minutes, March 31, 2004 2004-1027
Page 3 BC0016
CONSIDER MEMORANDUM OF UNDERSTANDING FOR HIV TESTING AND COUNSELING AND
AUTHORIZE CHAIR TO SIGN NORTHERN COLORADO AIDS PROJECT:Dr.Wallace stated under this
Memorandum of Understanding, the Northern Colorado Aids Project (NCAP) will provide testing and
counseling, supplies, educational materials, and followup in exchange for a clinic room at the Health
Department to provide anonymous testing and interpretation services when needed. Commissioner Geile
moved to approve said Memorandum of Understanding and authorize the Chair to sign. Seconded by
Commissioner Jerke, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF WCR 16 BETWEEN WCRS 67 AND 69: Frank Hempen, Jr.,
Director of Department of Public Works,stated Weld County Road 16 will be closed for approximatelyfour
working dates,commencing on April 5,2004,to replace a 48-inch pipe under the road in preparation for the
overlay program. Commissioner Long moved to approve said temporary closure as recommended by staff.
Commissioner Jerke seconded the motion, which carried unanimously.
PLANNING:
SECOND READING OF CODE ORDINANCE #2003-7, IN THE MATTER OF REPEALING AND
REENACTING,WITH AMENDMENT,CHAPTER 19,ARTICLE VI(EVANS IGA AGREEMENT),OF THE
WELD COUNTY CODE(CON'T FROM 03/03/2004):Commissioner Long moved to read Code Ordinance
#2003-7 by title only. Commissioner Jerke seconded the motion, which carried unanimously. Bruce
Barker, County Attorney, read said title for the record. Monica Mika, Director of Department of Planning
Services,submitted a map,marked Exhibit BB,showing the proposed Evans one-half mile boundary. Mr.
Barker stated Russ Anson, Attorney for City of Evans, submitted a letter dated March 22, 2004, marked
Exhibit Y,proposing additional changes. He stated the modifications include:changing all references from
Urban Growth Boundary to Coordinated Planning Services Area,and changing the one-half-mile boundary
to extend from the municipal boundary,including properties under annexation,rather than existing public
sanitary sewer facilities. He stated the concept is based on the idea that the water and sewer will be
extended pursuant to an annexation agreement. Mr. Barker stated there are only two other
Intergovernmental Agreements (IGA)in place that require annexation agreements. He stated he did not
include the proposed change in Paragraph 3.3.f regarding references to the Urban Growth Boundary(UGB).
Bruce Eisenhower,City of Evans representative,thanked the Board fora successful meeting regarding the
rolling boundary concept. Chair Masden commended the City of Evans for working with Weld County and
the citizens who will be impacted by this proposal. Ms. Mika stated the Town of LaSalle has not been
notified of the proposed overlapping boundary,which also affects the cities of Garden City and Greeley,and
she reviewed various other maps. She further stated overlapping jurisdictional boundaries create difficulties
for staff and the public,therefore,she recommends the issue be resolved today or prior to the final reading.
Responding to Commissioner Vaad, Ms. Mika stated the intent needs to be validated that the rolling
boundary should not encroach or overlap on other municipal boundary lines. Commissioner Vaad
suggested a simple clarification to state the rolling boundary will exclude those areas already in an IGA.
Commissioner Jerke stated it also needs to be very clear that the first boundary takes precedence and
should not be encroached upon. Ms. Mika stated if the rolling boundary concept is accepted,the Board will
also need to address the UGB and IGA boundaries for the Town of Milliken;however,they are not currently
ratified through Weld County. Responding to Commissioner Vaad,Ms.Mika stated she will prepare a map
showing the one-half-mile boundary from the sewer service lines and present it at the final reading,and she
submitted a current municipal boundary map,marked Exhibit CC. Commissioner Geile commented there
is no IGAwith Milliken and he feels the Evans proposal should be considered separately. He further stated
the 208 boundary also needs to be considered when determining the one-half-mile boundary. Mr. Barker
proposed modifications to Section 2.5 to cover both scenarios, excluding the 208 boundary issue.
Commissioner Geile concurred the 208 boundary needs to be a separate issue to be addressed by the
municipalities. Mr. Barker stated Evans did not intend to extend into previously defined UGB areas. In
response to Commissioner Vaad,Commissioner Geile commented all the area within a water quality area
Minutes, March 31, 2004 2004-1027
Page 4 BC0016
is within someone's 208 boundary; however, there are some areas of the state that are not within any
boundaries. He further stated if Evans wanted to expand into a boundary previously set by Milliken,it would
have to go through the 208 hearing process before the Colorado Water Quality Control Commission. In
response to Commissioner Vaad, Ms. Mika identified the municipal boundary of the Town of Milliken and
the general areas that can be serviced by municipal sewer which do not result in overlapping boundaries.
Larry Ketcham, Town of Milliken Engineer, indicated the location of the 208 boundaries which were
redefined last year. He stated the cities of Greeley and Evans have infringed on that boundary, and he
expressed concern with a rolling boundary that will cause confusion and result in wasted time and money.
He stated the Town of Milliken did let the IGA expire;however,they do have information for the establishment
of a new agreement. He further stated annexations are typically initiated by the property owner to meet their
plans,and he feels the old process allowed for more public input. Responding to Commissioner Geile,Mr.
Ketcham concurred that an annexation does require the provision of water and sewer,and if a property is
within a different 208 boundary, the property owner should be able to contract to provide that service.
Responding to Commissioner Jerke, Mr. Ketcham described Evans' municipal boundary in relation to
Milliken's boundaries.
Danna Ortiz, Town of Milliken Planner with Civil Resources, stated a rolling boundary does not promote
smart growth or responsible planning, and many members of the public resist this proposal. She stated
she feels this will set a precedent and encourage municipalities to race to annex and sprawl into the
countryside in the name of economic development. Ms.Ortiz stated it will not encourage the preservation
of agricultural land,rather,it will pose a conflict between urban and agricultural operations,which is contrary
to the Weld County Comprehensive Plan. She stated it will also be difficult to encourage walkable
communities,efficient use of infrastructure,protection of wildlife habitat,and connected open space areas,
and it will result in leapfrog development and higher costs to homeowners. Ms. Ortiz proposed taking a
regional approach to tax revenue to address social equity,and using revenue sharing along the Two Rivers
Parkway corridor to encourage the urban communities to have a well defined edge rather than a moving
boundary. She stated Weld County should strive to become a model for sustainable growth.
Linda Measner, Town of Milliken Mayor, stated their community is opposed to a rolling boundary,which
appears to be a big land grab by the City of Evans. She stated although there is no IGA between Milliken
and the County, she asserted that the County's IGA with Evans expired at the same time. In response to
Commissioner Vaad, Mayor Measner stated the Town Board has discussed the concept as discussed by
Ms. Ortiz regarding revenue sharing in a specific area. Commissioner Vaad commented he concurs with
the concept and he would be interested in hearing and facilitating further discussions.
J.R. Schnelzer,Town Manager for Milliken,stated he is opposed to this proposal on behalf of the citizens
of Milliken and the region. He expressed concern with municipalities basing expansion on utility services
rather than expanding from the inside out. He stated Milliken is now being forced to hurry and run lines
further out to protect its interests. Mr. Schnelzer requested denial of this request and encouraged the
County to promote municipal growth from within. Responding to Commissioner Vaad,Mr.Schnelzer stated
the property owners should be able to identify with the municipality of their choice rather than the towns
determining that. Commissioner Vaad commented that is not smart growth. Chair Masden commented
the approach to growth is up to the municipality and is not determined by the County.
Duane Flack,County resident,stated he is opposed to the proposed IGA and a rolling boundary. He stated
he supports regional planning with certain areas identified for growth and community services rather than
a hop-scotch approach. He stated it is unfortunate that the IGA expired because it has resulted in the
problems being discussed today. Mr. Flack stated he has considered marketing his land for development,
and has reviewed Evans' designated uses surrounding his property and found them to be reasonably
compatible. However,during a recent meeting the Evans City Council approved an annexation,change of
Minutes, March 31, 2004 2004-1027
Page 5 BC0016
zone,and development proposal near his property that is contrary to the original designation,which forced
him to purchase the neighboring property to protect the concept of what he wants on his property. Mr.Flack
stated if given the choice he would prefer working with Milliken. He stated as currently proposed,residents
within the one-half-mile boundary would be required to work with the City of Evans and be subject to its
planning regulations regarding water and sewer supply. Mr. Flack stated at the first reading the
Commissioners indicated their support of the proposal was contingent upon productive meetings being held
between Evans,Milliken,and the affected property owners;however,that has not been done. He suggested
until an acceptable agreement is in place,the Weld County Department of Planning Services is capable
of addressing the needs to the area in question. Commissioner Geile commented without an IGA there will
be no change to what is happening in the area. He stated the City of Evans has a Comprehensive Plan,
the property owner will have to approach either Milliken or Evans for water and sewer,and there are major
transportation issues that must also be addressed. Commissioner Geile stated the area within the IGA
would be classified as suitable for urban uses; nonurban uses would not be allowed,which is a benefit to
developers and land owners;and annexations will continue to be proposed regardless of an IGA. He further
stated an lGAonlyestablishes a spirit of cooperation for planning issues. Mr.Flack stated he supports the
Evans Comprehensive Plan;however,he is opposed to the amended IGAwhich would result in overlapping
boundaries. (Switched to Tape #2004-14.) He further stated there has been no constructive
communication between Evans and Milliken. Commissioner Vaad commented an IGA and UGB work with
isolated communities;however,they are less successful with communities that are adjacent to others. He
stated the city and county staff has made an effort, but it does not appear that this proposal will work. He
further stated the boundaries are far reaching,and there is confusion regarding the 208 boundaries. Mr.
Flack stated the actions of Evans have posed problems for him and his personal finance plans.
Cindy Tellup-Turner,County resident,stated her family farms along Two Rivers Parkway in the area that
is overlapped by Evans and Milliken,and she requested the Board deny this request. She concurred with
Mr. Flack's comments and stated the rolling boundary is confusing and will create more problems;however,
she does support continued meetings and discussions between Milliken, Evans, and LaSalle. Ms.
Tellup-Turner expressed concern with overlapping boundaries that cross over Two Rivers Parkway,which
is a major transportation route through the region. She stated many of the residents in the area intend to
continue farming rather than selling to an urban developer, and she expressed concern with Evans'
proposal which eliminates the ability for public input from those who reside in the overlapping area. She
further stated nonurban uses exist in the area,and if this is approved,those property owners will be forced
to do something different with their land. Ms.Tellup-Turner stated she wants to remain in the County,and
she feels it is important that the 208 infrastructure be defined between Milliken and Evans,and that the area
residents be involved in the process.
Richard Weist, County resident, stated he attended the meeting between Evans and Weld County;
however, Evans has not approached the residents who will be impacted by this proposal. He stated the
Town of Milliken tries to work with the public,whereas Evans intends to make this an urban area. He stated
the residents have Greeley/Loveland decreed water and do not need Evans'water,and they are serviced
by the Milliken Fire Protection District. He further stated the City of Evans indicated the transportation
problems regarding dust on a gravel road are a County problem.
Eric Carlson,County resident,concurred with the previous comments and stated he does not want his farm
to be overrun with urban uses. He stated the adjacent properties have annexed, but Evans does not
currently have the ability to provide water or sewer services. He stated his property is serviced by other
sources,yet he would still be within the one-half-mile rolling boundary. Mr.Carlson stated as proposed,he
is required to approach Evans; however,he would prefer to work with Milliken. He agrees with the idea of
comprehensive planning; however, a City's influence should be limited to those areas where they can
provide services. He further stated this agreement gives Evans too much power, and property owners
could be forced to annex if they meet the contiguity rules. He stated there is no ability for the property owner
Minutes, March 31, 2004 2004-1027
Page 6 BC0016
to decline and proceed with the County,and he prefers to work with the Board of Commissioners who are
his elected officials,because he has no influence on Evans. He further stated residents should be allowed
to go to another provider and apply for other uses,if deemed necessary, rather than being forced into the
City of Evans without a recourse for negotiating.
Fred Walker, County resident, expressed concern with municipalities defining their boundaries and
expressing their vision for an area without taking the property owners into account. He stated there are
several different groups in the original UGB that intend to continue farming, ranching, or propose a low
density development. He submitted an outline of his presentation and proposed changes to the IGA,marked
Exhibits Z and AA, and stated the two main changes include identifying a one-half-mile boundary from
existing or operational sewer lines,and establishing a balance between what is planned in any identified
urban development area. He stated Weld County should consider development based on compatibility,and
make exceptions for nonurban developments if they accommodate the logical extension of infrastructure.
Responding to Commissioner Vaad,Mr.Walker stated he would prefer this proposal be denied;however,
if the Board considers approval, he requested they incorporate the language reflected in Exhibit AA and
require the municipalities to contact the landowners who will be impacted. Commissioner Geile
commented an IGA can be modified to the point where it is no longer an advantage. He stated the City of
Evans has approximately 17,000 residents and is considered a major growth center,therefore,it came to
the County realizing the importance of coordination. He suggested that the proposed modifications reduce
the advantages; however, without an IGA the public services such as transportation, annexation
requirements,etcetera,will not be enforceable. He explained referral responses will not have to be taken
into account, and he anticipates that in the future people will realize the problems that result from not
establishing an IGA.
Peggy Campbell, County resident, stated the surrounding residential areas are also opposed to this
proposal because they want to be included in the process,and this affects many residents who are not in
attendance.
Larry Magnuson,County resident,stated he has lived his life on a 120-acre parcel which he intends to pass
on to his family. He stated the land means something to them,they are involved in agricultural uses,and
they are willing to work other jobs to help sustain it. He stated there is a sense of pride in owning land and
being able to enjoy the freedom it provides. Mr.Magnuson expressed concern with not being approached
by the City of Evans, which excluded him from the process and discussions. There being no further
comments, Chair Masden closed public testimony.
Mr. Eisenhower stated this process started when the City adopted a new Comprehensive Plan which was
presented by a committee comprised of various municipal,citizen,and interest group representatives. He
stated Evans supports property rights,and they respond to the development needs of the community by
considering annexations if a property owner submits a petition and meets the criteria. Mr. Eisenhower
stated this IGA extends that process into the future because growth will continue and the City wants to
continue working with the County to provide sound planning for area residents. Responding to
Commissioner Vaad,Mr.Eisenhower stated County intervention is needed regarding the overlapping areas
between Evans and Milliken. In response to Commissioner Geile, Mr. Eisenhower stated without an IGA
the UGB and Comprehensive Plan will remain,and there will still be a referral process. He further stated
the IGA provides a mechanism for referrals to keep both entities involved with what is happening and allow
for input to ensure there is proper infrastructure in place. Responding to Chair Masden, Mr. Eisenhower
stated Evans does have Estate zoning, and septic systems can be allowed on a case-by-case basis, if
necessary. He further stated their zoning also allows for continued agricultural uses within the city limits,
and they have not forced annexations. Responding to Chair Masden,Mr. Barker stated if there is no UGB,
there will still be a one-half-mile boundary from the existing sanitary sewer facilities. In response to
Commissioner Vaad and Chair Masden, Mr. Eisenhower stated planning IGA's do exist between
Minutes, March 31, 2004 2004-1027
Page 7 BC0016
municipalities, and Evans does have an agreement with the City of Greeley for revenue sharing. In
response to Commissioner Long , Mr. Barker stated the document from Mr. Walker references the
requirement for annexation, which he detailed for the record.
Commissioner Jerke commented the Board approved this Ordinance on first reading to allow Evans the
opportunity to meet and work with Milliken,and various property owners being effected;however,since that
time nothing has been accomplished. He stated a further continuance was granted to allow Evans to make
improvements to the Agreement and meet with the Board and allow property owners to make suggestions.
He questioned whether this is a benefit to Evans or the County because there will still be a referral process
and the applicants will still have the ability to work with Evans,if necessary. He stated IGA's seem to work
well when there is no growth or controversy. Commissioner Jerke further stated since Evans has not been
able to come to an agreement with Milliken, he does not support approval because there are many
unresolved issues, and there does not appear to be any support for the concept of a rolling half-mile
boundary because it is difficult to plan around. He stated future consideration should be determined by
individual property owners and how they want to develop their land.
Commissioner Long stated he was the deciding vote for a continuance at the first reading, and he voted
favorably to allow for productive communication between Evans and Milliken and the area residents. He
concurred there may be some opportunities for Evans and Milliken to work together and leave the County
out of the equation, and he feels it should be up to the towns and property owners rather than the County
making a final determination.
Commissioner Vaad commented he has been in favor of an IGA throughout this process because the
residents can keep their property as it currently is and it does provide means for economic development
for those who are interested. He stated Weld County is the only representative for residents in the
unincorporated areas; however, the Board has no jurisdiction over annexations. He stated until Evans,
Milliken, and the affected property owners can come to an agreement that will achieve their goals,there
does not appear to be any reason to proceed.
Commissioner Geile stated there has been a lot of misinformation provided to the public. He commended
Evans for patiently working through this process that started 2.5 years ago. He stated the Evans
Comprehensive Plan accounted for public infrastructure capabilities and service boundaries, while
establishing comprehensive planning and various strategies for the future. He further stated without an IGA
everything will be considered nonurban,and compatibilitywill be determined bywho happens to be elected
at the time. He stated there does not appear to be any motivation for Milliken and Evans to negotiate,and
litigation will likely be required before boundary issues are resolved. Commissioner Geile stated without
an IGA, Weld County will be required to consider nonurban uses in areas that constituents may feel are
incompatible, and there will likely be instances when the City and County disagree. He stated it will take
a lot of work to ensure transportation issues, etcetera, are still resolved. He stated without an IGA
development will continue as usual;however,the County and Evans will have a limited ability for cooperation
or to meet each others needs. He further stated Evans has been very professional in taking comments,
however, it appears the form of this agreement may no longer be to Evans' advantage. He expressed a
desire for the City and County to continue to work together in the spirit of an IGA.
Chair Masden stated he appreciates the comments from the City of Evans,and he expressed concern with
misinformation that was provided to the public by opponents. He stated Evans does have zoning that will
accommodate land owners' desires, and they will not be forced to become part of Evans. He stated the
County will be put at a disadvantage in acquiring the necessary improvements without an IGA, and there
will still be a one-half-mile default area from the sanitary services. Chair Masden stated he wants Evans
and Milliken to continue working together and to make sure the area citizens understand their property rights
and what can or cannot happen.
Minutes, March 31, 2004 2004-1027
Page 8 BC0016
Mr. Barker stated because it is an Ordinance there must be a motion to approve, which will be deemed
denied if there is no supporting motion. CommissionerGeile moved to approved Code Ordinance#2003-7
on second reading. Commissioner Vaad seconded the motion onlyfor the purpose of discussion. There
being no discussion, and upon a call for the vote, the motion failed, with Commissioners Long, Jerke,
Masden, and Vaad opposed.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
consent agenda. Code Ordinance #2003-7 failed on second 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 12:00 p.m.
BOARD OF COUNTY COMMISSIONERS
W LD COUNRI, COLORADO
ATTEST: f " ��,�
��11 l �` Robert D. Masden, Chair
Weld County Clerk to the B'd #ti„
1861 � f roob,
( ;w°� 2,6
' William H. J e, Pro-Tem BY: 4.441$Deputy Clerk to the Boa O rite,
U� � � . J. Bile
Davi . Long
Glenn Vaad
Minutes, March 31, 2004 2004-1027
Page 9 BC0016
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