HomeMy WebLinkAbout20041963.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JULY 14, 2004
TAPE #2004-29
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, July 14, 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 - EXCUSED
Commissioner Glenn Vaad
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Carol A. Harding
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Jerke moved to approve the minutes of the meeting of July 12,2004, as printed.
Commissioner Vaad seconded the motion, and it carried unanimously.
READ ORDINANCE BY TAPE: Commissioner Vaad moved to read Code Ordinance#2004-6 by tape.
Commissioner Geile seconded the motion, which carried unanimously.
AMENDMENTS TO AGENDA: Chair Masden added New Business#7, "Consider Assessed Valuation
of Taxable Personal Property for 2004."
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Vaad moved to approve the consent agenda as printed.
Commissioner Geile seconded the motion, and it carried unanimously.
PRESENTATIONS:
RECOGNITION OF SERVICES,ASSESSOR'S OFFICE-JERRY SCOBY: Chair Masden presented Jerry
Scoby with a certificate recognizing him for thirteen years of service. Chris Woodruff, Assessor's Chief
Deputy, presented Mr. Scoby with his retirement pin.
RECOGNITION OF SERVICES, DEPARTMENT OF HUMAN SERVICES - PETE ARCHULETA: Chair
Masden presented Pete Archuleta with a certificate recognizing him for fourteen years of service. Walt
Speckman, Director of Human Services, presented Mr. Archuleta with his retirement pin.
2004-1963
BC0016
06-065-04
COMMISSIONER COORDINATOR REPORTS: Commissioner Geile stated the Upper Front Range
Transportation Planning Board completed the plan for the region,which will be presented on July 16,2004.
He stated this plan was a result of coordination between Weld, Morgan,and Logan counties,as well as the
many municipalities. Commissioner Geile commented that the resulting plan is a well designed plan with
good priorities in place for its future use.
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $586,522.06
Commissioner Geile moved to approve the warrants as presented by Mr. Warden. Commissioner Vaad
seconded the motion, which carried unanimously.
BIDS:
PRESENT BIDS: Mr. Warden stated there are no bids to present.
CONDUCT ORAL AUCTION FOR OIL AND GAS LEASES - DEPARTMENT OF FINANCE AND
ADMINISTRATION: Mr. Warden stated there are four parcels to be considered for lease, as follows:
S25, T5N, R66W-6.53 ACRES. Mr.Warden stated two bids were received, EnCana Energy Resources,
Inc., in the amount of$101.00, and Kerr-McGee in the amount of$29.00 per acre. Mr.Warden explained
the two highest bidders may participate in an auction, as well as anyone within ten percent of the high bid.
The representative from Kerr McGee stated he had no additional bid. Commissioner Vaad moved to accept
the bid from EnCana Energy Resources, Inc., in the amount of$101.00 per acre, and authorize the Chair
to sign said lease. The motion, which was seconded by Commissioner Geile, carried unanimously.
610, T3N, R63W- 160.00 ACRES. Mr. Warden stated the sole bid was received from EnCana Energy
Resources, Inc., in the amount of$15.00 per acre. Commissioner Geile moved to accept said bid and
authorize the Chair to sign said lease. Seconded by Commissioner Vaad,the motion carried unanimously.
S24,T3N, R63W-240.00 ACRES. Mr.Warden stated EnCana Energy Resources, Inc.,was the sole bid
received,for$15.00 per acre,which does meet the minimum bid requirement. Commissioner Vaad moved
to accept the bid from EnCana Energy Resources, Inc., in the amount of$15.00 per acre, and authorize
the Chair to sign said lease. Seconded by Commissioner Jerke, the motion carried unanimously.
S2, T7N, R63W- 120.00 ACRES. Mr. Warden stated EnCana Energy Resources, Inc., submitted a bid
in the amount of$15.00,and Grynberg Petroleum Company submitted a bid in the amount of$10.50. With
both companies participating in an auction, Grynberg Petroleum Company raised their amount to$18.00
per acre, at which point EnCana Energy Resources, Inc., declined to bid. Commissioner Vaad moved to
accept the bid from Grynberg Petroleum Company, and authorize the Chair to sign said lease. Seconded
by Commissioner Jerke, the motion carried unanimously.
OLD BUSINESS:
CONSIDER CONTRACT FOR ENGINEERING SERVICES FOR WCR'S 64.75, 23, AND 66 AND
AUTHORIZE CHAIR TO SIGN-KBN ENGINEERS, LLC(CON'T FROM 07/12/2004): Frank Hempen,Jr.,
Director of Public Works, stated this is the contract for the design of several curve complexes adjacent to
the Owens-Illinois glass factory. He stated staff reviewed the contract to determine whether any negative
impact was created on alternative transportation options,with Owens-Illinois and the rail service provider.
Mr. Hempen stated he is confident there is no negative impact, and he recommended approval.
Minutes, July 14, 2004 2004-1963
Page 2 BC0016
Commissioner Vaad moved to approve said contract and authorize the Chair to sign. Seconded by
Commissioner Geile, the motion carried unanimously.
NEW BUSINESS:
CONSIDER 2005 ANNUAL PLAN AND BUDGET FOR AREA AGENCY ON AGING AND AUTHORIZE
CHAIR TO SIGN: Walt Speckman, Director of Human Services, stated this plan supports the dental care
program, congregate meals, senior center operations, loneliness and isolation outreach programs, long
term care ombudsman program, and homemaker and personal care services. He stated the funding has
been reduced from last year to$142,819. Commissioner Vaad stated that, although this is a big cut, he is
optimistic staff will deal with the cuts in a professional manner. Commissioner Vaad moved to approve said
plan and authorize the Chair to sign. Seconded by Commissioner Jerke,the motion carried unanimously.
CONSIDER ENTRY UPON VARIOUS LANDS BY WELD COUNTY VEGETATION MANAGEMENT
SPECIALIST: Mr. Hempen stated this approval is requested for the routine enforcement of weeds.
Commissioner Jerke moved to approve the draft resolution. The motion, which was seconded by
Commissioner Geile, carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES FOR 2002 - VISTA RIDGE
DEVELOPMENT CORP.,CIO TAX PROFILE SERVICES, INC.: Mike Sampson,Assessor's Office, stated
staff has recommended this petition be approved in part,based upon an agreement for the 2004 valuation.
He stated this request is the Vista Ridge Golf Course in southern Weld County, near the Erie Airport. The
petitionerwas neither present nor represented. Commissioner Vaad moved to approve said petition in part.
The motion, which was seconded by Commissioner Geile, carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES FOR 2002 AND 2003 - TRINITY
ENERGY CORPORATION: Mary Hazen,Assessor's Office,stated staff has recommended denial of this
request for 2002 and 2003. She stated the petition for abatement is based on the same logic several other
companies have submitted,which are being held in abeyance for a decision from the Court of Appeals. The
petitioner was neither present nor represented. Commissioner Vaad moved to deny said petition. The
motion, which was seconded by Commissioner Geile, carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES FOR 2001, 2002 AND 2003 -
NICHOLAS JAMISON AND THE THOMAS E. BERRY AND THEO D. BERRY DECLARATION OF TRUST:
Chris Woodruff, Chief Deputy, requested approval in part. He stated the petitioner has withdrawn the
request for 2001, which is outside the appropriate time frame. Mr. Woodruff stated the value for 2002 is
appropriate as it is,and he recommended an abatement for 2003 of$1,666.16. Patrick Groom was present
to represent the petitioner. Commissioner Vaad moved to approve the petition in part. The motion,which
was seconded by Commissioner Geile, carried unanimously.
CONSIDER AMENDMENT TO COMMUNITY DEVELOPMENT BLOCK GRANT FOR WELD FOOD BANK
AND AUTHORIZE CHAIR TO SIGN: Mr. Warden stated this is an amendment to the grant for the Food
Bank, since the fund raising for construction did not go as well as expected. He stated the amendment is
to include modular office partitions and a phone system to replace the equipment originally planned. Mr.
Warden stated the date will also be extended to November,2004. Commissioner Geile moved to approve
said amendment and authorize the Chair to sign. Seconded by Commissioner Vaad, the motion carried
unanimously.
CONSIDER ASSESSED VALUATION OF TAXABLE PERSONAL PROPERTY FOR 2004: Chris Woodruff,
Assessor's Office, presented the summary of taxable personal property to the Board. He stated the total
assessed value for taxable personal property is$473,375,000,which is an increase of$5,084,800, or 1%;
and these totals are in addition to the real property totals that were reviewed on July 12,2004. Mr.Woodruff
Minutes, July 14, 2004 2004-1963
Page 3 BC0016
stated the total of all taxable property is$2,962,264,920,which is an increase of$483,501,630,or 20%. He
stated the State assessed amounts are not final, and the certification of taxes will be ready in August. Mr.
Woodruff stated there were 621 personal property cases protested, of which 80 were adjusted, and he
indicated Echostar will be appealing approximately 400 accounts to determine a State-wide issue of
whether there is sufficient property in each county to be taxed. Mr.Woodruff stated 1,500 personal property
schedules are filed, and the practice is to use the best information available for the valuation, then adjust
the values at a later time when corrected schedules are received. Commissioner Geile moved to accept
said valuation. The motion, which was seconded by Commissioner Vaad, carried unanimously.
PLANNING:
CONSIDER AGREEMENT FOR IMPROVEMENTS FOR WELD COUNTY ROAD 86 ROAD
STABILIZATION FOR DUST CONTROL,AUTHORIZE CHAIR TO SIGN,AND ACCEPT COLLATERAL
FOR GRIFFITH MINOR SUBDIVISION, MF#589-RIC HANSEN: Peter Schei, Department of Public Works,
stated this agreement is with Ric Hansen for the Griffith Minor Subdivision, for his contributing portion of
road stabilization, which will be a maximum of $10,400. Commissioner Geile moved to approve said
agreement and authorize the Chair to sign. Seconded by Commissioner Vaad, the motion carried
unanimously.
CONSIDER AUTHORIZING THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION
AGAINST CONAGRA CATTLE FEEDING COMPANY - GILCREST FEEDLOT FOR VIOLATION OF
SECTION 23-4-710, LIVESTOCK FEEDING PERFORMANCE STANDARDS, OF THE WELD COUNTY
CODE(CON'T FROM 11/10/2003 AND RESCHEDULED FROM 06/30/04): Cindi Etcheverry, Department
of Public Health and Environment,stated this violation was initiated by complaint, and at a hearing before
the Board on November 10, 2003, staff recommended three actions, as indicated in the Memorandum
received from TrevorJiricek and Cindi Etcheverry,dated July 13,2004. Ms. Etcheverry stated all conditions
have been met, although staff has received several additional dust complaints. However, because of the
time of day in which the complaints were received, no confirmation of violation has been made by staff. She
stated if future complaints are received, they will be pursued accordingly. Responding to Commissioner
Jerke, Ms. Etcheverry stated all the complaints before yesterday were received from the same individual,
with one received yesterday from a second person. Gene Kammerzell,surrounding property owner,stated
he lives one mile west of the feedlot, and it was his wife who called yesterday. Mr. Kammerzell stated he
applauds the efforts of ConAgra to this point, and stated great improvement has been made on cleaning
up the pens and sprinkling the pens. He stated, however, in the very hot weather, it will be more difficult to
sprinkle enough to abate the dust,and the area will return to the same situation. Mr. Kammerzell stated that
yesterday, with the sprinklers running, there was no dust problem; however, during the evening there is
enough pen dust entering their home to cause his wife to cough, and he awakens in the morning with a
thumping headache. Tim Fein stated he lives two miles east of the feedlot. He stated this is not a nuisance
problem, it is a health problem. Mr. Fein stated he has called in a number of dust complaints since
November 11, 2004, because they were choking on the dust. He stated staff cannot get there at 9:00 p.m.
to visibly witness the dust,and they cannot police the feedlot on a regular basis since it happens during the
evening. Mr. Fein stated there is a positive side,and the feedlot has gotten better. He stated because more
water is now available there has been a difference,and the neighbors are appreciative. Mr. Fein stated the
sprinkling needs to continue, and the Board should not remove options for future action during the heat of
the summer. He stated the dust abatement program needs to be tested to ensure it is functioning properly.
He also stated ConAgra does effect the quality of life around the feedlot. Gil Slaughtern, resident in the area,
stated dust affected his health,and he frequently suffers from wheezing and choking. He stated there has
been improvement, and he drives by the feedlot every other day. Mr. Slaughtern stated employees,
however, have been watering the center of the feedlot rather than the outside perimeters. He stated dust
is still an issue, and there have been a few really bad days. Mr.Slaughtern stated a brown cloud hangs over
the feedlot every evening,which is definitely toxic. Mr. Slaughtern stated his grandchildren have asthma,
the three who live in Kansas City cannot visit because of the dust, and the four who live in Denver cannot
Minutes, July 14, 2004 2004-1963
Page 4 BC0016
play outside because of the dust. He stated they did install central air in the house, because they could not
tolerate the dust; however,that only solves part of the problem. He stated it is better from morning through
about 5:00 p.m., which is when it starts to get bad. Mr. Slaughtern expressed concern for the ConAgra
employees,since the constant dust must have a detrimental effect on their health. He reiterated they have
become prisoners in their own home. Glen Morning stated he lives one and one-half miles northeast of the
feedlot, and he agrees with the problems as stated by the others who have spoken. He expressed his
thanks to ConAgra for the sprinkling system,which improved matters a great deal. He stated they no longer
see fog clouds of dust, such as were present two years ago; however, he would like ConAgra to continue
monitoring the problem and to continue the good work and improvements. Don Anderson,Vice President
of ConAgra, stated he appreciates the remarks made by the neighbors. He stated the company has
invested a considerable amount of capital in the problem as well as instituting operational changes. He
stated they do not consider the problem at an end, and he understands the company has an obligation to
be a good neighbor and coexist in harmony. He stated they will put every effort into the continued care of
the dust problem. Responding to Commissioner Jerke, Ms. Etcheverry stated if the case is closed at this
time,the monthly monitoring will continue fortwelve months. She stated staff has requested the monitoring
be done at dusk; however, if any dust complaint is received, time would have to be allowed to fix the
problem. Responding further to Commissioner Jerke, Ms. Etcheverry stated nothing has changed with
respect to the Dust Abatement Plan, which would have to remain in compliance with reports to the
Department of Public Health and Environment. Responding to Commissioner Geile, Mr.Anderson stated
they have been watering the pens from noon until approximately 9:30 p.m.,and they try to lay out two inches
of water over the entire area, with more water sprinkled when the temperatures are high. In those
instances, he stated they take the pens to a puddle state,allowing more water when evaporation is a factor.
Responding further to Commissioner Geile, Mr.Anderson stated they are constantly evaluating options;
however,water spraying is the best known option at this time, Commissioner Geile stated he is confident
the actions taken to bring the property into compliance and the recent improvements made to the property
have made a great impact on the problem. He also stated the dust abatement plan put in place by ConAgra
will continue to be monitored; therefore, it makes sense to close this case, with the understanding that
improvements and monitoring will continue. Commissioner Jerke stated he concurs with Commissioner
Geile,and finds that significant improvement has been made. With continued monitoring,and adherence
to the dust plan,CommissionerJerke stated he sees no reason to continue with potential legal action at this
time. Chair Masden stated he agrees. Commissioner Geile moved to dismiss the violation against
ConAgra Cattle Feeding Company. The motion, which was seconded by Commissioner Jerke, carried
unanimously.
Chair Masden called a five-minute recess.
CONSIDER FIRST READING OF CODE ORDINANCE#2004-6, IN THE MATTER OF REPEALING AND
REENACTING,WITH AMENDMENTS,CHAPTER 22 COMPREHENSIVE PLAN,AND CHAPTER 26 MIXED
USE DEVELOPMENT,OF THE WELD COUNTY CODE-MELODY HOMES/DR HORTON: Monica Mika,
Director of Planning Services, stated this is a petition for inclusion into the MUD. She indicated the 188
acres, and stated there are a total of three parcels owned by the Adlers. Ms. Mika gave a slide presentation
depicting the exact location of the parcels, one of which is already included in the MUD as low density
residential; displayed the MUD Structural Land Use Map 2.1, which would be modified; displayed the
Longmont Intergovernmental Agreement area;and reviewed a brief history of the MUD area,stating in 1987
it was a Conceptual Land Use Plan. She stated the parcels to be included were purchased in 1974, at
which time the MUD did not exist,therefore,they had to wait approximately 14 years to have an opportunity
to petition for inclusion. She stated the parcel is presently in agricultural production. Ms. Mika referenced
Section 21-1-150.B.11.a,listing criteria to be used by the Board for consideration of inclusion into the MUD.
She stated the case was approved by the Planning Commission by a five to four vote. Ms. Mika stated one
of the reasons to justify marking the parcel for development is that there are services provided in the area,
including water by Longs Peak Water District, sanitary sewer committed to by Saint Vrain Sanitation
Minutes, July 14, 2004 2004-1963
Page 5 BC0016
District, law enforcement by the Sheriff,and a library district by Weld County. Ms. Mika stated of the twelve
referrals sent out, Tri-Area Ambulance Service, the Library District, and the Town of Firestone declined
comment. Ms. Mika stated this parcel was not part of the prior Mead Intergovernmental Agreement(IGA)
Boundary Area. She displayed a map showing the previous Mead IGA boundary area,depicting this parcel,
which has never been included in the Mead IGA area, although the third parcel is, and has always been, in
the MUD. Ms. Mika displayed the existing Urban Growth Boundary area that has been established with the
Town of Mead, based on their existing sanitary sewer lines. Ms. Mika stated that the parcel was not
contiguous to Mead's municipal boundaries at the time of application. She said the application was
submitted on February 27, 2004, approximately three weeks prior to the Planning Commission hearing
which would have made this parcel contiguous to the Town of Mead. Ms. Mika stated the application
submittal criteria was also discussed by the Planning Commission. She stated that, based on her
interpretation of the Code,the times for submittal is unclear;therefore,she allowed two applicants to submit
their applications on March 1, 2004, instead of February 1, 2004. In doing so, she stated, the
Comprehensive Plan Guiding Principles for Fairness have still been upheld, particularly that identified in
22-1-120.C.4, of flexibility within the implementation criteria. Ms. Mika stated the Planning Commission
recommendation included three conditions,that the applicant address the Saint Vrain Valley School District
land dedication,cash-in-lieu,and requirements identified in the referral response dated April 13,2004. Ms.
Mika presented a letter from the St.Vrain Valley School District, marked Exhibit A,stating an agreement has
been reached. She also stated the applicant was directed to work with the County Attorney's Office in the
establishment of a Law Enforcement District, which they are diligently pursuing. Ms. Mika stated the
Planning Commission also recommended an amendment to Appendix 22-G. Ms. Mika stated the
distribution and allocation of land depicted on the chart were reconfigured, based on GIS data,therefore,
it is approximately 15,000 acres. She stated the text in Section 26-1-20 should also reflect approximately
15,000 acres. Ms. Mika recommended inclusion of the criteria in 22-1-150.B.11.a in the Ordinance.
Ken Poncerelli,a principal of Land Architects, represented Melody Homes. He reviewed the basic points,
including the site context of the surrounding development and the MUD;project intent and collaboration with
county agencies, local jurisdictions, and surrounding land owners to date; the community architectural
character envisioned for the Adler Estates property; how the applicant feels compliance with the
Comprehensive Plan has been met; and the benefit to be gained by local entities and surrounding
neighbors. Mr. Poncerelli reviewed the site location, and pointed out the future St.Vrain high school,which
is adjacent to the property. He stated the site is within the utility corridor for Liberty Draw, and utilities
extending along Weld County Road 7,which were not in place several years ago. Mr. Poncerelli stated the
Interstate Highway, as well as the ability to service the land in the area make the site appropriate for
development. He stated the project intent is to develop a mixed residential master plan community with an
emphasis on an amenity-based community,including neighborhood amenities,such as a big park and open
spaces surrounded by clustered residential dwellings. Mr. Poncerelli stated the projectwill also include an
elementary school site, parks and trails, a swimming pool and facilities. He stated the intent is to develop
around a written plan and existing infrastructure. Mr. Poncerelli stated the applicant has collaborated with
various County agencies, the Colorado Department of Transportation (CDOT), the Colorado Geological
Survey, Colorado State Parks, Mountain View Fire District, Saint Vrain Valley School District, the Weld
County Library District, and other surrounding jurisdictions, including Frederick, Firestone, Longmont,
Dacono, and Mead.
He stated he met with the Town Administrator in Mead last fall,who explained they are requesting inclusion
in the MUD is because a good portion of the site is already located in the MUD; it is outside of the Mead IGA
boundary area; it is outside of existing services for sewer, water, gas, and electric; and it is a business
decision on the part of the applicant to pursue development into Weld County after observing the annexation
process for the Town of Mead,which appears to be very unpredictable. Mr. Poncerelli stated an applicant
can work with the Town staff members and come to agreements with respect to a planned development
that would be in compliance with the Town's requirements; however,the final decision is leftto a vote of the
Minutes, July 14, 2004 2004-1963
Page 6 BC0016
people. He indicated there are often contractual obligations that must be met. Mr. Poncerelli stated a
number of neighborhood groups were also included in meetings and stated over200 residents of The Elms
at Meadow Vale were also notified,even though they are outside the 500-foot perimeter. He stated only six
people showed up at the meetings, and the topics discussed were drainage, site access, parks and open
space, traffic routes and proposed improvements to Weld County Road 7, as well as pedestrian access
and utility connections. Mr Poncerelli described the character envisioned by the project to be a residential
combination with a large, central open space, some lots backing onto parks, and trail linkages, as well as
passive open space with a prairie character, including native grasses, and trees, to continue the rural
context of the landscape. Mr. Poncerelli stated the application does comply with the Comprehensive Plan
since it is within service boundaries and planned infrastructures. He stated this growth will pay for itself
through the school impact program; arterial roadways; off-site roadway improvements, including Weld
County Road 26 to the south;construction of parks and maintenance of all the parks and open space within
the development; and all utility extensions and expansion to the site. Mr. Poncerelli stated the needs and
vision of the development are being expressed,while protecting individual property rights. He reviewed the
community benefits, including parks and recreational facilities with open space; impact fees;construction
of off-site improvements and its share of Weld County Road 7; a Homeowner Association to maintain the
trails for future connectivity with the regional trail network; County MUD area structural plan compliance;
diverse offering of housing choices;potential forfuture a elementary school site; developing around and in
already planned infrastructure;school fees;Advalorem taxes which will be to the benefit of the County; and
the addition of retail and commercial tax revenue for nearby towns without incurring the costs of services
necessary for residential development. Responding to Commissioner Geile regarding the Law Enforcement
District,Mr. Poncerelli stated the application includes a maximum of 1,200 residential units. Bruce Barker,
County Attorney, stated a Law Enforcement Authority is different from a District, and it would not have the
ability to tax. Mr. Barker stated the Authority could be expanded as other areas are created nearby,and the
intent would be to allow future applications to expand the Authority as appropriate. Responding further to
Commissioner Geile, Mr. Barker stated the Authority contracts for services,therefore, it would be a contract
between the Authority and, presumably, the Weld County Sheriff's Office. Responding to Commissioner
Geile, Mr. Poncerelli stated the development will be reimbursing the County for the cost of additional
services to bring the level of service up to a desirable level. Responding to Commissioner Geile regarding
roadway improvements, Mr. Poncerelli stated the developmentwill pay for a lane going north and south on
Weld County Road 7 that fronts the development, as well as on Weld County Road 28 to the north and
Weld County Road 26 to the south. He stated a commitment has been made that, if there is a requirement
to extend those improvements off-site, such as extending the paving on Weld County Road 26 all the way
to Weld County Road 5.5,the client will do that. Mr. Poncerelli stated the same goes for Weld County Road
7. He stated a cost sharing agreement with the School District has been briefly discussed with Public
Works, since the high school is directly across the street. Responding to Commissioner Geile, Mr.
Poncerelli stated the Homeowners'Association would not pay to maintain roads, since they will be public
roads constructed to Public Works standards, rather, it will maintain all the landscaping on rights-of-way,
trails, the swimming pool facility, parks, and trails surrounding the development. Responding further to
Commissioner Geile, Mr. Poncerelli stated the sanitary sewer supplier is Saint Vrain,and the water supplier
is Longs Peak. He stated Longs Peak is doing a model for the area, including parcels to the north of this
area which are within the service provider boundary. Mr. Poncerelli stated there is a letter acknowledging
the development is within the boundaries, and the applicant will be working with them to resolve any
problems. Responding to Commissioner Jerke regarding density, Mr. Poncerelli stated the total
development proposal is 300 acres, with 1,200 maximum units proposed. He stated that number was
derived from the four units per acre allowed in the MUD. Responding further to Commissioner Jerke, he
stated the size of lots will be determined during the site application stage, however, they do not currently
intend to reach the maximum number of lots proposed. Responding to Commissioner Jerke, Mr. Poncerelli
stated future annexation by Mead would require the agreement of all homeowners in the development, Mr.
Barker agreed and stated under some other circumstances,a percentage of ownership would be taken into
consideration.
Minutes, July 14, 2004 2004-1963
Page 7 BC0016
Responding to Chair Masden, Mr. Poncerelli stated complete build out is not expected for five to seven
years. He stated they are planning on approximately 100 or 200 homes per year,depending on the market.
Responding further to Chair Masden, Mr. Poncerelli stated the swimming pool facility will be like a clubhouse
with a few meeting rooms as well as changing rooms. He responded there also are three large parks
anticipated within the development, and Phase I includes the northern property. Mr. Poncerelli stated the
pool will not be built until several filings are completed, and streets and landscaping will be completed with
each filing.
Richard Kramer, Mayor of Mead,asked for clarification regarding the three readings of the Ordinance,and
stated he is adamantly and vehemently opposed to this project. He stated it is unfair not to send the
application to the Town of Mead prior to the Planning Commission presentation. Mayor Kramer stated he
did have discussions with the applicant prior to the application being submitted,although Mead has not had
opportunity to fully consider the proposed application. Mayor Kramer stated the Town would like the
opportunity to consider this project for annexation into its town boundaries, and the Town Board has been
working on a newComprehensive Plan for the Town of Mead,which includes the future boundaries and land
uses of parcels which will become a part of the Town of Mead. He stated this parcel is included in the
Town's future growth boundary,and it makes sense geographically. Mayor Kramer stated the application
was not submitted by the February 1st deadline,and Ms. Mika's interpretation of the Comprehensive Plan
is not correct. He stated if the Board would require the applicant to reapply at a later date,the Town would
have time to work on and complete an Intergovernmental Agreement with Weld County. He stated the Town
Board is working on an Intergovernmental Agreement, and they would like to see it in place prior to this
application being filed. Mayor Kramer also stated the urban boundary map being used is not correct, and
statements made by Ms. Mika are incorrect. Mayor Kramer stated the town population is approximately
2,000 people,and it makes absolute sense to follow annexation,which does have an established procedure.
However, the applicant would be required to convince the voters it would be of benefit to the community.
He stated this would be a viable addition to the Town. Mayor Kramer objected on procedural grounds,
because of the timing of the application. He concluded that the applicant should be required to reapply,
while in the meantime this Board would continue working with the Town of Mead to complete an
Intergovernmental Agreement,to allow development of this area as a whole community,without being done
in a patchwork fashion. Mayor Kramer stated the new high school site has been annexed, as well as the
Frederickson Farm site, neither of which are on the maps displayed by Ms. Mika. He stated the Town of
Mead is clearly contiguous. He asked the Board to consider the big picture and allow the Town of Mead to
manage this project through its Comprehensive Plan. Responding to Commissioner Geile, Ms. Mika stated
she received a copy of the draft Comprehensive Plan yesterday. Frank Grimaldi, area resident, stated that
recent annexations to Mead make this site adjacent to the Town on the southeast, and one-half mile away
on the southwest. He stated the construction equipment will be routed past the high school and through
Mead. He quoted several Planning Commission members, and stated there was a four to four tie until the
Chairman broke the tie in favor of the proposal. He said there have been incorrect statements made which
mean the first responder will be the Town of Mead and Mountain View Fire District, which are volunteer
stations. Mr. Grimaldi referenced Section 26-1-60.C goals and policies, and stated the area has not been
developed enough to provide infrastructure, and the high school is inside the Town limits. He stated the
citizens are trying to place a library in the school for public use. Mr. Grimaldi stated his concern of trying
to replace City government with a Homeowners'Association. Bob Acker, Mead Board of Trustee member,
stated this project is directly adjacent to Mead and it does affect the Town. He stated when built out, an
additional 2,500 to 3,000 people will be added, although Mead only has approximately 2,200 people at the
present time. He stated there will be a large impact to traffic, population density, and possible increase in
crime. Mr.Acker stated he is concerned about density, and that 1,200 units on 300 acres would allow for
very small lots with many parks. Mr. Acker requested denial. He stated that he has had a previous
discussion with Commissioner Vaad, and he understands the issue of property rights; however, those
individuals remaining behind after all the property has been sold also have property rights. He urged the
Commissioners to balance the rights of all citizens. Linsey Grove, Saint Vrain School District, stated they
Minutes, July 14, 2004 2004-1963
Page 8 BC0016
have reached an agreement over mitigation. Responding to CommissionerJerke, Mr.Grove stated there
was a mitigation fee of approximately$2,006 per unit,as well as a cash-in-lieu land dedication fee of$645
per unit.
Mr. Poncerelli rebutted the testimony, and said through recent meetings with Department of Public Works
staff, there is already a Request for Proposal for the design of the crossing to connect with Highway 119,
although it will be approximately two years before that is completed. He stated the preliminary traffic study
indicates only one-third of the traffic goes to the north towards Mead. Mr. Poncerelli stated the development
does not want to shirk responsibilities with regards to off-site requirements that address the health, safety,
and welfare of the citizens of the area. He stated all the streets and roads will be constructed to the
appropriate lane width and standards. Mr. Poncerelli stated the Town of Mead would be charging the
residents of this development for road impact fees, although the Town contracts for the Sheriff, does not
provide sewer, does not provide water, and has only one park in town. He stated that the commercial
development and residents nearby will spend money in town, allowing a long-term potential impact to the
Town. Regarding the lot size, Mr. Poncerelli stated they are contemplating 5,500 square feet as the
smallest lot,with the majority being between 6,000 and 8,000 square feet. He stated the parks and open
space will be maintained to a higher level than the municipal park system, and crime will be minimized
through the Law Enforcement Authority. Responding to Commissioner Jerke, Mr. Poncerelli stated the
Homeowners'Association will be funded through a monthly fee, since there is not currently a mechanism
in place for collecting that amount through taxes.Ms. Mika stated not all the maps used indicated the recent
annexation of the high school site. She also stated those can be corrected, although she indicated the
recording date of the annexation was April 24,2004. Ms. Mika also stated the Town of Mead did not receive
notification; however, the Town Administrator did respond on April 15, 2004, stating they did receive
information, although they were not satisfied with the information received. Responding to Commissioner
Vaad regarding the timing of the application, Ms. Mika explained that the MUD Chapter of the Code refers
back to the Comprehensive Plan for applications regarding inclusion in the MUD. In the Comprehensive
Plan, the criteria says the land use processing for the MUD area begins March 1st. She stated three
sentences later it states the applications need to be submitted by February 1st and December 1st of each
year. Ms. Mika stated she met with the applicants in January, at which time the applicant had a Procedural
Guide which had several conflicting dates in it. She made the interpretation that since the process began
March 1st, that would be an appropriate deadline for submittal of the application. Responding further to
Commissioner Vaad, Ms. Mika stated the purpose of the two deadlines was historically to allow staff to go
through the process once and have it completed before it was started again. She stated the information
was modified when the County Code was adopted, to align with the Code supplements expected to be
published twice per year. Mr. Barker stated the key question is that Section 22-1-150.6.3,which states the
application shall be submitted no laterthan February 1 orAugust 1 of each year to be considered for review
and public hearings. Mr. Barker stated the question is whether that is jurisdictional, meaning that if they miss
that date they must wait for the next cycle, or whether it is there for the purpose of convenience for taking
care of these applications to keep from processing them throughout the year. He recommended that it is
for convenience, not jurisdictional, and it does not provide adjacent landowners or anyone else the
opportunity to object and, therefore, have the ability to say that precludes the Board's jurisdiction.
Responding to Commissioner Geile, Mr. Barker stated this is a quasi-legislative act, and the land use is not
being considered,only the expansion of the MUD area, meaning the amendment to both the Comprehensive
Plan and the MUD Chapters of the Code. Therefore,those typical rules with quasi-judicial hearings do not
apply. However, Mr. Barker cautioned,a lot of the details involved in the project are in the applicant's mind,
and there will be a future application for the land use,which will be a quasi-judicial matter. He stated that
will include a lot of the issues discussed today.
Commissioner Jerke stated he finds the property is contiguous to the current MUD, and that it does not
appear to be in a current Intergovernmental area with any municipality; the applicant can demonstrate
provision of utilities which would be commensurate with the type of development being proposed for the
Minutes, July 14, 2004 2004-1963
Page 9 BC0016
future, and it meets the type of standards that need to be met for potential development for expansion of the
MUD;and, therefore, it meets the criteria for inclusion. Commissioner Vaad stated he is satisfied the timing
issue has been addressed and input was not denied because of the change in deadlines. He stated it is
a procedural matter, for the convenience of Weld County to consider them clustered together.
Commissioner Vaad stated this is a three-reading process, and it is appropriate that it moves on at this
time. Commissioner Geile agreed. Mr. Barker reminded the Board that Ms. Mika requested the addition
of language stating the criteria for inclusion to the Ordinance. Commissioner Vaad moved to approve
Ordinance#2004-6 on first reading, with the changes as recommended by Ms. Mika. The motion, which
was seconded by Commissioner Jerke, carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
consent agenda. Ordinance #2004-6 was approved on first 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 11:45 a.m.
���� BOARD OF COUNTY COMMISSIONERS
/�'l/�/ �� W� COCOLORA
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Robert D. Masden, Chair
et to the Board
1861 �, , i, /�1 ✓I 5)r-1,9
� William H. rke, Pro-Tem
•
e =oard
. . eile i
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EXCUSED
David . Long
Glenn Vaad
Minutes, July 14, 2004 2004-1963
Page 10 BC0016
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