HomeMy WebLinkAbout20033389 RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DECEMBER 15, 2003
TAPE #2003-47
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, December 15, 2003, 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 David E. Long, Chair
Commissioner Robert D. Masden, Pro-Tem
Commissioner M. J. Geile
Commissioner William H. Jerke
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 Geile moved to approve the minutes of the Board of County Commissioners
meeting of December 10, 2003, as printed. Commissioner Masden seconded the motion, and it carried
unanimously.
READ ORDINANCE BY TAPE: Commissioner Vaad moved to read Emergency Ordinances #229 and
#230,and Code Ordinances#2003-7 and#2003-9 by tape. Commissioner Masden seconded the motion,
which carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Geile moved to approve the Certification of Hearings
conducted on December 9, 2003, as follows: 1) Violation Hearings; and hearing conducted on
December 10,2003,as follows: 1)Appeal of denial by the Director of Department of Planning Services for
Special Exemption from the 1041 Regulations fora 115 kV Transmission Line Extension and Delivery
Substation to serve the new Owens-Brockway Bottle Manufacturing Facility-Poudre Valley Rural Electric
Association, Inc. Commissioner Masden seconded the motion, which carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
CONSENT AGENDA: Commissioner Vaad moved to approve the consent agenda as printed.
Commissioner Masden seconded the motion, and it carried unanimously.
PUBLIC INPUT: There was no public input.
2003-3389
BC0016
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $348,577.67
Commissioner Geile moved to approve the warrants as presented by Mr.Warden. Commissioner Masden
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO WCR 27 (83RD AVENUE) AND AUTHORIZE CHAIR TO SIGN NECESSARY
DOCUMENTS-STEPHENS FAMILY PARTNERSHIP, LP: Frank Hempen,Jr., Director of Department of
Public Works,stated this agreement is necessary for the replacement of the Sheep Draw Bridge. He gave
a brief description of the location of the site, and stated the right-of-way dedication and temporary
construction easement will cost Weld County$3,632, which is consistent with the appraisals that were
approved by the Colorado Department of Transportation. Commissioner Masden moved to approve said
agreement and authorize the Chair to sign all necessary documents. Seconded by Commissioner Jerke,
the motion carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF A
PORTION OF WCR 35 RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN-LAWRENCE AND JEANNE
WILLIAMS: Donald Carroll,Department of Public Works,stated this agreement is required as a Condition
of Approval for Recorded Exemption#3641. He stated the applicant has contacted the surrounding property
owners regarding this section line access using 30 feet of right-of-way between Section 35 and 36 located
only in Section 36. CommissionerJerke moved to approve said agreement and authorize the Chair to sign.
The motion was seconded by Commissioner Vaad, and it carried unanimously.
CONSIDER ENERGY AND MINERAL IMPACT ASSISTANCE PROGRAM GRANT CONTRACT FOR
OWENS-ILLINOIS AND AUTHORIZE CHAIR TO SIGN: Mr.Warden stated Weld County has been granted
an economic development incentive, in the amount of$561,350 for a water line extension from the Town
of Windsor to the new Owens-Illinois site. He stated this is being done in conjunction with the Town of
Windsor receiving a$750,000 grant for sewer service. In response to Commissioner Jerke, Mr.Warden
explained the Colorado Division of Local Affairs agreed to accept this as a late application. Commissioner
Masden commented both applications were approved on an emergency basis. In response to
Commissioner Geile, Mr.Warden stated the payback is less than two years. Commissioner Geile moved
to approve said contract and authorize the Chair to sign. The motion, which was seconded by
Commissioner Masden, carried unanimously.
CONSIDER PROFESSIONAL SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN-MOUNTAIN
STATES IMAGING,LLC: Mr.Warden stated this project was budgeted for last year. Under this agreement
Mountain States Imaging will digitally scan approximately 1.5 million microfilm images and make them
available to the public. Commissioner Vaad moved to approve said agreement and authorize the Chair to
sign. Commissioner Jerke seconded the motion, which carried unanimously.
CONSIDER AGREEMENT FOR PARTIALLY SELF-FUNDED INSURANCE PROGRAM AND AUTHORIZE
CHAIR TO SIGN-COLORADO COUNTIES CASUALTY AND PROPERTY POOL: Mr.Warden stated this
is a continuation for the partially self-funded insurance program. He stated there is a$125,000 self-insured
deductible for 2004 claims and he recommends approval. Commissioner Masden moved to approve said
agreement and authorize the Chair to sign. Seconded by Commissioner Geile, the motion carried
unanimously.
Minutes, December 15, 2003 2003-3389
Page 2 BC0016
CONSIDER AMENDMENT TO COMMUNICATIONS TOWER LEASE AGREEMENT TO RELOCATE
EQUIPMENT AND AUTHORIZE CHAIR TO SIGN -SPRINT SPECTRUM, LP: Mr.Warden stated Sprint
Spectrum currently leases the Weld County radio site located at 35th Avenue, and this amendment will
allow them to reconfigure and place equipment outside the building. Commissioner Jerke moved to approve
said amendment and authorize the Chair to sign. The motion,which was seconded by Commissioner Vaad
carried unanimously.
CONSIDER CONSENT TO ASSIGNMENT OF TOWER LEASE FROM QWEST WIRELESS, LLC, TO
SPRINT SPECTRUM, LP,AND AUTHORIZE CHAIR TO SIGN:Mr.Warden stated under this document the
current lease will be assigned from Qwest to Sprint. Commissioner Masden moved to consent to said
assignment and authorize the Chair to sign. The motion was seconded by Commissioner Geile, and it
carried unanimously.
CONSIDER RESOLUTION RE: DIRECTING CLERK TO THE BOARD TO HAVE PUBLISHED
EMERGENCY ORDINANCE#226-B,IN THE MATTER OF SUPPLEMENTAL APPROPRIATION FOR THE
YEAR 2003:Mr.Warden explained State statute requires the County to publish a notice prior to considering
a supplemental appropriation ordinance. This Resolution directs the Clerk to publish the ordinance on
December 18, 2003, with the matter to be considered on December 22, 2003. Commissioner Masden
moved to approve said Resolution. CommissionerJerke seconded the motion,which carried unanimously.
PLANNING:
CONSIDER ZONING PERMIT FORAMOBILE HOME,ZPMH#2284, FORA MOBILE HOME TO BE USED
FOR A TEMPORARY USE DURING THE CONSTRUCTION OFA RESIDENCE-WAYNE AND STACEY
LANDWEHR:Wendy Inloes, Department of Planning Services, gave a brief description of the location of
the site. She stated this permit was originally approved by staff on December7,2001,to be renewed every
six months for up to 18 months. She stated the applicant is requesting an extension beyond 18 months,
which requires approval by the Board. In response to Commissioner Jerke,Ms. Inloes stated typically the
temporary mobile homes are removed prior to the 18-month deadline or the classification is changed to a
principal use because construction has not commenced on the new residence. She stated the applicants
do have a Building Permit, which will expire on December 25, 2003. She clarified the applicants are
constructing a stick built home.
Wayne and Stacey Landwehr,applicants,stated they are building the home themselves and doing the work
as quickly as possible. In response to Chair Long, Mr. Landwehr stated they would like to be living in the
home by next December. In response to Commissioner Jerke, Ms. Inloes stated the Board has the
authority to issue the extension for an additional 18 months. Mr. Barker stated the Resolution can also
include language which requires the applicants to remove the mobile home upon issuance of a Certificate
of Occupancy for the new residence. Commissioner Jerke moved to approve the 18-month extension of
Zoning Permit fora Mobile Home,ZPMH#2284,for Wayne and Stacey Landwehr,with the Condition that
the mobile home be removed upon issuance of a Certificate of Occupancy for the new residence. The
motion was seconded by Commissioner Geile, and it carried unanimously.
FIRST READING OF CODE ORDINANCE#2003-9,IN THE MATTER OF REPEALING AND REENACTING,
WITH AMENDMENTS, CHAPTER 19,ARTICLES V,VII, IX,XI,XII,AND XIII (KENNESBURG, EATON,
KERSEY,LASALLE, FORT LUPTON,AND AULT IGAAGREEMENTS),OF THE WELD COUNTY CODE:
Chair Long gave a brief description of the hearing process and allowance for public input. Monica Mika,
Director of Department of Planning Services,stated no Urban Growth Boundary(UGB)changes are being
proposed; however, new termination language is being proposed to automatically renew the terms of the
agreement on an annual basis. She read the specific language for the record and stated each agreement
is being recommended favorably by the Planning Commission. Ms. Mika stated notification was sent to
each of the town's mayors for today's hearing. Commissioner Geile stated the purpose of the
Minutes, December 15, 2003 2003-3389
Page 3 BC0016
Intergovernmental Agreements (IGA)is to establish the Urban Growth Boundaries and stipulate that the
towns will provide water and sewer services within said boundaries. He explained developments which are
processed by Weld County will be referred to the appropriate municipal entity to consider annexation or to
take their comments and incorporate them into the County's review. He stated the agreements establish
a working relationship and a referral process to receive comments regarding roads and other infrastructure
issues. Mr. Barker stated it is the responsibility of the towns to approach the County if they want to amend
their Urban Growth Boundaries. He stated the new language will eliminate the need to review the
agreements on an annual basis unless notified otherwise, and the remainder of the terms will remain
unchanged. In response to Commissioner Jerke, Ms. Mika explained the Urban Growth Boundaries are
based on sewer availability, and the maps will need to be updated for second reading. She further stated
the portions of the towns which cannot be serviced by public sewer are located outside the UGB and use
well water and septic systems. She further stated notices were not sent to the surrounding property owners
affected by these agreements because the boundaries did not change. However, pursuant to the terms
of the agreements, the area residents will be notified of any future boundary changes. Mr. Barker stated
that procedure is also part of the Weld County Comprehensive Plan, and the Ault IGA was the only
agreement in effect prior to the Comprehensive Plan. Commissioner Jerke indicated he is satisfied that
an adequate notification process is in place. Commissioner Geile commented the UGB does not alter the
current uses of Weld County properties; it establishes a forum for the County and municipalities to work
together on planning matters. Commissioner Jerke concurred,and added the property owners still need
to be notified if the boundary is amended because it does create a subtle shift in potential governance.
There were no representatives present from Keenesburg, Eaton, Kersey, LaSalle, Fort Lupton, or Ault.
Zack Allely stated property owners are involved through the notification process, public comment, and
consultation. He stated consent from the property owners should be required if they reside in areas that
may be competed for by more than one municipality. He stated municipalities do not have a right to growth;
however, citizens do have property rights. In response to Commissioner Geile, Mr. Allely stated he is
uncertain what happens if neither municipality wants to be included in an IGA.
Steve Mockray stated citizens should be provided with notice of the creation or amendment of an Urban
Growth Boundary and Intergovernmental Agreement boundary. He questioned when the water and sewer
service will be provided to the new boundary areas. Commissioner Geile commented this agreement does
not enable the County to govern what services are provided by the Towns because the County does not
have jurisdictional authority. He stated the Agreement being considered simply creates a process for how
the entities will work together on planning matters. In response to Commissioner Vaad, Ms. Mika stated
there is no specific time frame for when the services must be provided, but Evans does have a Capital
Improvements Plan. Mr. Mockray stated the boundaries for the City of Evans need to be controled bywhat
services can be provided. Commissioner Geile commented the Towns determine how and when the town
will grow, in accordance with their Comprehensive Plan.
Herb Lorenz questioned the purpose of the agreement if the rights of property owners are not changed.
Chair Long explained if a property owner decides to change their property use, then the governmental
entities work to coordinate the planning mechanisms through the various stages and the agreement
establishes a process to discuss the options in accordance with the appropriate Comprehensive Plan. He
further stated the County also considers citizen input when making a decision regarding a land use
proposal. Mr. Barker stated the municipality commits to providing water and sewer service to any property
that develops within the UGB. In response to Mr. Lorenz,Ms. Mika stated even if the Board does not adopt
this Agreement,the Comprehensive Plan states those areas in the County that are within one-half mile of
sanitary sewer boundaries or IGA areas are able to support urban development. She further stated property
taxes are based on the use of a property, not the zoning or what boundaries it is surrounded by.
Minutes, December 15, 2003 2003-3389
Page 4 BC0016
Commissioner Geile moved to approve Code Ordinance#2003-9 on first reading. Commissioner Vaad
seconded the motion. In response to Commissioner Jerke, Esther Gesick, Deputy Clerk to the Board,
stated the second reading is scheduled forJanuary 7,2004. There being no further discussion,the motion
carried unanimously.
FIRST READING OF CODE ORDINANCE#2003-7,IN THE MATTER OF REPEALING AND REENACTING,
WITH AMENDMENT,CHAPTER 19,ARTICLE VI(EVANS IGAAGREEMENT),OF THE WELD COUNTY
CODE: Mr. Barker stated this ordinance will amend the termination provision of the Intergovernmental
Agreement(IGA)and request an expanded Urban Growth Boundary(UGB)area. Mr. Barker provided a
summary, marked Exhibit L, and stated the only difference in the terms of this IGA is that it was created
during a time when the Board was not asking the municipality to require a petition for annexation prior to
considering a land use. He reviewed the summary,marked Exhibit L,and stated there is a referral process
which provides the opportunityfor annexation;however,there is nothing in this agreement which requires
any property to annex to the City of Evans. In response to Commissioner Geile, Mr. Barker concurred there
is a demarcation line between the Cities of Greeley and Evans, which may prohibit certain annexation
requests in that area as determined by judicial issues. Commissioner Geile commented if an urban
development is proposed outside the UGB,there are provisions for amending the boundary if urban services
can be provided. He stated the Use by Right allowances will still remain,and the Right to Farm provision
remains in place. Mr. Barker explained the Subdivision and Recorded Exemption process for the record
as it relates to item#7 of his summary. He stated if a town annexes outside the UGB area, they would be
required to hold public hearings to amend the boundary or be in violation of the agreement. Mr. Barker
added the County has not had to address the need for an injunction to stop any development beyond the
boundary. He stated item#6.b of the agreement is meant to discourage flagpole annexations. In response
to CommissionerJerke,Ms. Mika stated there is criteria regarding location and infrastructure services when
considering an urban-scale development. She further stated each application is reviewed on a case-by-
case basis regarding a proposed urban or nonruban use. She further stated if an application is larger in
scale than a Recorded Exemption of Subdivision Exemption, the agreement does suggest the applicant
discuss the proposal with Evans; however, there is no requirement for annexation.
Ms. Mika submitted the Certificate of Mailing and various notices which were returned,marked Exhibit E.
She stated the notice and agreement information has also been included on the Countywebsite. (Switched
to Tape#2003-48.) Ms. Mika reviewed various maps showing Evans'current and proposed IGA boundaries,
the existing city limits and defined planning areas, and the IGA boundaries for LaSalle and Milliken. She
stated staff recommends approval of this Ordinance on first reading; however,she requested the second
reading be rescheduled to March 3, 2004, to allow the City of Evans and Town of Milliken to meet and
resolve any overlapping boundary areas. She stated currently the Evans IGA has been terminated,so she
suggested establishing a default area until the boundary issues are resolved. In response to Commissioner
Geile,Ms. Mika stated the Milliken 208 boundaries are included with the packet from Milliken. In response
to Commissioner Jerke,Ms.Mika stated the City of Evans provided an agreement with the Town of LaSalle
and a Memorandum of Understanding with the City of Greeley. She further stated the LaSalle boundarywas
done in 2001, and Evans completed theirs a year ago.
Elizabeth Relford,Community Development Coordinatorforthe City of Evans,stated Evans has amended
its Comprehensive Plan. She explained the nature of Evans is different because there is no town center,
it is attached to a large municipality, and expansion is limited by surrounding municipalities and the Big
Thompson River. Based on those factors,the City decided to begin focusing on the river corridor as a focal
point and how to provide services across the river. Ms. Relford stated there has been 18 percent growth
each year for the past three years. She stated the City boundary always extended to 83rd Avenue,and they
have the ability to provide services in that area. She further stated the area to the south is 6.5 miles, and
2.5 miles are in the floodplain and restricted from development, although there are potential recreational
opportunities in those areas. Ms. Relford stated the City of Evans did provide local notification of this
Minutes, December 15, 2003 2003-3389
Page 5 BC0016
planning process,she reviewed the Comprehensive Plan Committee representatives for the record,and
stated the Comprehensive Plan was adopted in May2002. She stated following discussions,the boundary
was amended to address comments from the Town of Milliken regarding the Two Rivers Parkway corridor.
She further stated they are not opposed to entering into an IGA with the Town of Milliken,and she explained
the restrictions regarding annexation. Commissioner Geile explained the purpose of 208 boundaries,and
Ms. Relford stated the Evans 208 Boundary is a service boundary.
Earl Smith, Evans Director of Public Works and Planning, indicated the location of the 208 Service
Boundary. He stated the City of Evans has two wastewater treatment plants, and the Town of Milliken
rejected the proposal from the Cities of Evans and Greeley to modify the 208 boundaries because it did not
coincide with their planning boundaries. He stated the Cities of Greeley and Evans viewed it as more of a
service area boundary and an ability to provide gravity sanitary sewer service. In response to
Commissioner Geile, Mr. Smith stated neither Evans nor Milliken has changed their 208 boundaries.
Linda Measner, Mayor for the Town of Milliken, stated she met with Evans representatives; however, the
discussions were not productive because those particular representatives were not re-elected. She stated
they did not receive adequate notice, they did object to Evans' Comprehensive Plan, and the scheduled
meetings have been cancelled by Evans.
Larry Ketcham, Milliken Engineer, requested the UGB change be denied. He submitted Milliken's 208
boundary map,marked Exhibit G,which he described forthe record. He stated the 208 group just reissued
and adopted this update. Mr. Ketcham stated the IGA is needed because the boundaries proposed by
Evans overlap the existing boundaries for the Town of Milliken. He stated following discussions with
representatives from the City of Evans,he directed them to go to the Town Board regarding the proposed
boundary changes. In response to Commissioner Jerke, Mr. Ketcham stated the City of Greeley
encroached on the 208 boundary by one-half mile. He stated their 208 boundary goes just north of Weld
County Road 54. Chair Long indicated there was no representatives from the City of Greeley to speak
regarding this matter.
Responding to a member of the audience,Ms. Mika stated on November4,2003,the Planning Commission
made a recommendation of denial for the proposed boundary change.
Zach Allely stated he represents a group called the Regional Weld Growth Project, and he submitted a
packet of information, marked Exhibit H. Mr. Allely stated their first request is to reject expansion of the
boundary area. He stated the scope is unreasonable,and review of recent growth and annexations shows
a reduction in developed land. He further stated the area acquired through annexations is adequate and
extending the UGB is not needed. Mr.Allely stated approval of this agreement does not respect the wishes
and desires of the property owners, there was no notification, and consultation and consent of property
owners was not obtained. He stated the second request is to formally resolve that the previous IGA is no
longer in effect, has expired, and cannot be amended. Lastly, Mr. Allely requested the Board adopt a
process to generate boundary agreements that place the rights of property owners first. He submitted a
petition involving 230 citizens, marked Exhibit I, and proposed a process as shown on the petition.
Commissioner Geile commented that if there is no agreement and land is de-annexed,the County will have
no jurisdiction. Mr.Allely stated by including property in an Urban Growth Boundary, it increases the odds
that your property will be in city some day. He stated there is a conflict between statements#2 and#4 of
Exhibit L provided by the County Attorney,and they have no options if they want to be part of Milliken if they
are included in the Evans IGA area. He further stated there is a statutory process available for de-
annexation.
Pat Riley concurred with the apparent conflict between statements#2 and#4 of Exhibit L. He stated the
requested area is not currently within the 208 service boundary,and earlier comments indicated the UGB
Minutes, December 15, 2003 2003-3389
Page 6 BC0016
area indicates those areas that can be serviced with urban infrastructure. He further stated it is very
possible for future city councils to continue annexing areas to the point where properties become
surrounded and are forced to become part of the city. He requested assurance that his property cannot
be forced into the city. Mr.Riley stated the plan to make the center of the city around the floodplain and river
is flawed because the freedom of area wildlife, such as turkeys, owls, eagles, and deer, cannot be
maintained in a city park.
Steve Aubrey submit a document,marked Exhibit J,containing 30 names of residents east of First Avenue
who are opposed. He stated he agrees with the comments of Mr. Allely because the boundary changes
were proposed without any notification of Evans' plans. He stated their property rights are being lost, a
majority of the new area is prime, irrigated farm ground which is not compatible for urban growth. Mr.
Aubrey stated this proposal violates Section 22-2-60 of the Weld County Code, and he submitted an
overhead transparency map showing the floodplain areas in red and prime farmground surrounded with
black lines. In response to Commissioner Geile, Mr. Aubrey stated an Urban Growth Boundary implies
anticipated development in the future and there is a significant amount of prime farmground that could
become subject to development. Mr.Barker stated a municipality can force annexation on an enclave which
is entirely surrounded by other annexations after a period of three years.
Dave Hayes stated he received no notification from the City of Evans; however,he was notified by the Town
of Milliken. Mr. Hayes stated he agrees with Mr.Allely's comments. He stated his property is agricultural
and the IGA would make it difficult to change that use. Mr. Barker stated a nonurban use requires a land
use process,a Use by Right can continue or commence without a hearing,and urban development would
require a land use process. In response to Chair Long, Mr. Barker concurred that those processes would
occur whether a property is in the UGB or not. Mr. Hayes stated he wants to remain in the County.
Larry Magnuson stated there is a Game and Fish Wildlife easement on the east side of the river. He stated
his property has been in his family for the past 100 years and he hopes that continues. He stated although
the current uses are allowed to remain under this Agreement, he is concerned with the negative impacts
the potential growth will have on the agricultural activities in the area.
Larry Brandt stated he has owned his property for three years. He expressed concern with incorporation
because activities,such as burning and trash pickup are regulated by the Town of Milliken. He stated his
road is currently serviced by Weld County; however, it is technically the responsibility of the Town of
Milliken. He stated he would like the towns to be more flexible.
Don Griffith stated he concurs with Mr.Allely's comments. He stated the presentation made by the City of
Evans was disingenuous because there were many people who did not receive notice. He stated it is
apparent that the City cannot be trusted and he requested the amendment should be reduced.
Harold Daniels indicated the overhead map needs to be corrected to show the Big Thompson River, not
the Little Thompson River.
Sherwood Langley stated he has owned his property since 1944. He stated it has been licensed as a
junkyard since 1953,and he does not understand why his property is not grandfathered and exempt from
the Comprehensive Plan.
Cindy Telep-Turner stated she respects and understands the planning process,as well as what the town
of Milliken is trying to do. She stated Milliken's boundary reflects an anticipated growth area for the next five
years; however,the City of Evans is proposing a boundary to cover the next 20 years. Ms. Telep-Turner
stated this amendment is premature,as is indicated by the Planning Commission denial. She stated most
of the property owners do not have the resources to appeal a decision. She suggested that language be
Minutes, December 15, 2003 2003-3389
Page 7 BC0016
added to allow some property owners to opt out of the Evans Comprehensive Plan and Urban Growth
Boundary for appropriate reasons. She stated she is in favor of IGA's in general; however,there appears
to be a lack of communication regarding the 208 boundaries and how to deal with the problems. She stated
discussions should be held regarding water quality and where future resources can be built, and she
expressed concern that the water quality representative did not know about the Super Fund site. She stated
she respects the concepts of community identity; however, the issues of trust have been broken.
Chair Long called a recess. Upon reconvening, Chair Long explained the Weld County Planning
Commission is appointed by the Board of Commissioners to give a recommendation from a public
perspective; however, their decision is not final. He also explained that land use or planning related
ordinances have a three-reading process which is legislative in nature. He stated the three readings allow
for more public input and a chance to resolve various issues; however,they are still subject to denial at the
final reading.
Ms.Telep-Turner stated she visited with Evans representatives,as well as residents along the river corridor,
and based on their comments she is requesting this proposal be rejected at this time. She stated it needs
to be rewritten to incorporate comments from the impacted landowners. She stated the agreement creates
an assumption that property owners must proceed under Evans'regulations. She further stated it is likely
that there will be a regional sewer treatment plant between the City of Evans and the Town of Milliken. She
concluded that the Planning Commission recommendation is for denial,the public has expressed concern,
and a decision today is premature.
Darrell Taylor stated he has contacted various landowners who are proposed to be included in the
expanded boundary and they indicated they are not in favor of Evans extending across the river. In
response to Commissioner Geile,Mr.Taylor stated the petition indicates people do not want to become part
of Evans, and this IGA establishes the first step for future plans for the area.
Ken Howen stated he did not receive notification of the proposed changes in the Carriage Estates area.
He stated when he canvassed the neighborhood 80 percent of the residents indicated they want to remain
in the County and do not want any changes.
Ramon Salazar stated he owns 6.5 acres, and although the city limits are adjacent to his property line, he
did not receive notification. Mr. Salazar stated his property is zoned Agricultural; the City of Evans is
growing but not maintaining the roads; and the sewer plant is not maintained so it creates a bad odor.
Richard Weist stated the City of Evans did not notify him,and added the City of Evans does not properly
maintain the roads currently in their UGB. He expressed concern with the IGA limiting a property owner's
ability to annex to other municipalities. In response to Commissioner Masden, Mr.Weist stated he owns
160 acres.
Cindy Shaw indicated a development for 306 homes located in the middle of agriculture was granted and
the area residents had no leverage to persuade for denial. She stated County properties will be disrupted
when the City of Evans extends water and sewer services to the outlying areas and they will have no
leverage to ensure their complaints are addressed. Ms. Shaw stated she is in favor of written public
notification. Commissioner Geile commented the individual property owner must instigated the change,
not the City of Evans. He stated annexation can happen with, or without, this agreement and does not
require notification, and providing water and sewer service is the responsibility of the City of Evans. He
further stated with this agreement the County has the right to a referral relating to planning issues. Ms.
Shaw stated it just requires one more entity to deal with. Mr. Barker stated this establishes a referral
process to receive comments between the staffs.
Minutes, December 15, 2003 2003-3389
Page 8 BC0016
Juan Montera stated he is opposed because it will impact the wildlife when services are extended into new
areas. He stated much of the area is subject to flooding,and new development often results in long-time
residents leaving the area because conflicts arise between urban and nonurban uses. Mr. Montera stated
it will be costly to extend water and sewer to some of the areas.
Noel Hays stated he wants farming and ranching to be preserved because Weld County is not a strong
agricultural community any more. He stated although he is not an environmentalist, he does support
conservation. He questioned whether future expansion of Evans could be limited. Commissioner Geile
commented development can still take place with,or without,this agreement. Mr. Hays stated this should
be denied and allow the residents in the area the freedom to choose what they want to do with their
property. Commissioner Jerke commented Weld County is still the number one agricultural producer in
the State, and is listed in the top five nationally. He stated farmers need the flexibility to develop some of
their land to help support the continuation of agricultural activities. In response to Chair Long , Mr. Hays
stated he understands there will still be options.
Colleen Flack stated she lives near the new development of approximately 300 homes. She expressed
concern with 35th Avenue, she stated the new development has created difficulties when exiting her
property. There being no further comments, Chair Long closed public testimony.
In response to Commissioner Vaad, Mr. Barker stated the Court did establish a boundary line for
annexations between the Cities of Greeley and Evans,and there are some properties that do not have the
option of annexing to Greeley. Ms. Mika stated the Evans IGA expired June 30,2003, and further delays
leave some property owners in limbo with no agreement in place. Commissioner Vaad commented this
Ordinance cannot be resolved until the issues are resolved between the Town of Milliken and the City of
Evans. In response to Commissioner Jerke, Mr. Barker stated the County does not have an IGA with
Greeley or Windsor.
Ms. Relford stated a meeting has been scheduled for January 23, 2004. She stated the City of Evans is
not requesting annexation of any properties included in the new UGB; however, this agreement would
identify definitions within the urban growth area. She apologized for any property which did not receive
adequate notification and stated they are happy to meet with property owners to discuss the issues. Ms.
Relford agreed this issue should be delayed until intergovernmental issues are resolved with Milliken.She
stated they do have various other IGA's in place to provide services such as sewer, stormwater, fire,
etcetera. In response to CommissionerJerke,Ms.Relford stated she has not been contracted by members
of the public indicating opposition. In response to Commissioner Jerke, Ms. Relford stated she has not
received any indication that the owners of property under Special Use Permit#20 object to inclusion in the
proposed Urban Growth area. Commissioner Jerke stated under the agreement Evans is required to
provide evidence as such.
Ms. Mika displayed a map showing the properties which have been annexed since 1998. Ms.Relford stated
the western annexations were accomplished through a flagpole annexation along 37th Street.
Commissioner Geile commented that process involved an extensive amount of legal work. Ms. Relford
stated that was resolved through the court as a result of Amendment 24.
Commissioner Geile commented IGA's have been discussed with the City of Greeley and the Town of
Windsor; however, they have not been pursued by the County because the municipalities attempted to
enforce their design standards and take jurisdiction. He stated Weld County will not subordinate its
jurisdiction to another entity; however, this agreement would allow the participating agencies to work
together on planning issues. He commented if this is not approved,there will be confusion,jurisdictional
fighting,and land use wars. He stated it will not interfere with a property owner's right to use their property
as they see fit, and he wants to see what Evans and Milliken can agree upon.
Minutes, December 15, 2003 2003-3389
Page 9 BC0016
Commissioner Vaad commented he does not want to take action on first reading because there is so much
confusion on the impacts of this proposal. He expressed concern with proceeding until the issues are
resolved between Evans and Milliken.
Commissioner Jerke commented that Milliken has valid concerns, Evans still needs to provide evidence
that they have provided for the needs of the feedlots, he is uncertain of the intent for east Evans, and he
does not agree with the use of flagpoles for annexation. He concurred with Mr.Allely's comments regarding
the consent of the governed,therefore,he does not support the proposal at this reading,although he does
support the concept of future planning for the river corridor.
Commissioner Masden commented personal property rights are very important to the Board of
Commissioners and it appears the City of Evans still needs to address the intent of the feedlots because
they will be impacted. He stated there are unresolved issues between Evans and Milliken; however, the
County must look at the big picture and provide for coordinated planning. He suggested continuing this
matter on first reading to a later date to see what progress has been made between Evans and Milliken.
In response to Chair Long, Mr. Barker stated if this ordinance is denied on first reading,then the proposal
will have to start over and go back before the Planning Commission. Commissioner Jerke commented
there are enough tainted issues, he feels it would be better to start over and take the various issues into
consideration. Commissioner Geile commented if the first reading is denied or delayed there will be no
incentive for Milliken to work with Evans. He stated it may not be popular with the public; however, if there
is no agreement it will be very difficult for the public to work with the jurisdictions in the future. In response
to Commissioner Vaad, Commissioner Geile stated Milliken is also considering an IGA and it would be
better if all parties involved agree on the boundaries now rather than proceeding with boundaries that
overlap. Commissioner Jerke commented if Milliken and Evans can come to an agreement, many of his
concerns will be addressed; however, there is still a lot of concern from the public that needs to be taken
into account.
Commissioner Geile moved to approve Code Ordinance#2003-7 on first reading and reschedule second
reading for Wednesday, March 3,2004,at 9:00 a.m. The motion was seconded by Commissioner Vaad.
Commissioner Vaad stated if this is approved on first reading, there is still the opportunity to deny the
proposal at one of the subsequent readings if the issues are not resolved. In response to Chair Long, Mr.
Barker stated changing the line due to negotiations between Evans and Milliken would be allowed because
this is a legislative process. Commissioner Geile reiterated if this is denied on first reading, there will be
no incentive for Milliken to pursue an IGA because there would be the same jurisdictional issues. Upon a
call for the vote, the motion carried with Commissioners Masden and Jerke opposed. Chair Long
commented this is an opportunity to have things move forward. He stated the core constituency should
have been more involved,so in some ways it would be better to start over. However,since the lines of the
map can be changed he supports approval of first reading, which may result in a resolution to the
satisfaction of Milliken,Evans,and the public. He stated if no progress has been made by second reading
he will not hesitate to vote in opposition to the proposal. He further stated it is apparent that there is a need
to provide an educational seminar on the history of IGA's and how they are used to overcome problems
because the perception of the public is not necessarily accurate.
In response to Chair Long, Mr. Eisenhower, stated an administrative meeting has been scheduled for
January 23, 2004, between the two managers to identify the issues and then proceed accordingly.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
consent agenda. Ordinances #229 and #230 were approved on an emergency basis, and Code
Ordinances #2003-7 and #2003-9 were approved on first reading.
Minutes, December 15, 2003 2003-3389
Page 10 BC0016
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 3:10 p.m.
BO D OF COUNTY COMMISSIONERS
W OiTY, OLORADO
ATTEST: auji
/LA David E. Long Long, Cha'
Weld County Clerk to th o fR kd,if trb Robert D. sden, Pro-Tem
BY:
Deputy Clerk to the :°:° e,F•t)
U
, NM'�� M. J. eilee
Willi H. Jerke
S 1
Glenn Vaad
Minutes, December 15, 2003 2003-3389
Page 11 BC0016
Hello