HomeMy WebLinkAbout20011900.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JULY 16, 2001
TAPE#2001-29
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 16, 2001, 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 M. J. Geile, Chair
Commissioner Glenn Vaad, Pro-Tem
Commissioner William H. Jerke
Commissioner David E. Long
Commissioner Robert D. Masden
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 Masden moved to approve the minutes of the Board of County Commissioners
meeting of July 11, 2001, as printed. Commissioner Jerke seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Masden moved to approve the Certification of Hearings
conducted on July 10, 2001, as follows: 1)Violation Hearings; and hearings conducted on July 11, 2001:
1) A Site Specific Development Plan and Use by Special Review Permit #1324, Asphalt Specialties
Company, Inc.; 2)A Site Specific Development Plan and Use by Special Review Permit#1335, Liz Blasio;
and 3) A Site Specific Development Plan and Use by Special Review Permit #1331, Brian and Kathy
Williamson. Commissioner Vaad seconded the motion, which carried unanimously.
ADDITIONS TO AGENDA: There were no additions 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.
2001-1900
BC0016
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $1,030,659.70
Electronic Transfers-All Funds $2,238.68
Commissioner Masden moved to approve the warrants as presented by Mr.Warden. Commissioner Jerke
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT OF WAY FOR CERTAIN
IMPROVEMENTS TO WELD COUNTY ROAD 47 AND AUTHORIZE CHAIR TO SIGN NECESSARY
DOCUMENTS -ANNA M. ARENS LIVING TRUST: Frank Hempen, Jr., Director of Public Works, stated
acquiring this right-of-way is necessary for a bridge replacement project, which will be funded through
State grant money. He stated the intersection will be moved to the west to provide a better turning radius.
Mr. Hempen stated the two-hundredths of an acre will cost the County $966.00. In response to
Commissioner Jerke, Mr. Hempen stated this project is located at the intersection of Weld County
Roads 42 and 47. Commissioner Vaad moved to approve said agreement and authorize the Chair to sign.
Seconded by Commissioner Jerke, the motion carried unanimously.
CONSIDER PETITION FOR ANNEXATION FOR PORTIONS OF 37TH STREET AND 65TH AVENUE:
Bruce Barker, County Attorney, stated they received a request from the City of Evans to sign a petition for
the annexation of portions of 37th Street and 65th Avenue. He explained the request is a result of a court
ruling,and he submitted copies of letters received from both the City of Evans and City of Greeley, marked
Exhibit A and B.
Bruce Eisenhower, City of Evans Manager, requested consent from the Board to sign the petition received
from the private property owners for annexation into the City of Evans. He explained a court decision
voided two prior annexations, the WCR annexation is located within Evans' Growth Boundary Area
identified in the Coordinated Planning Agreement. He further stated the property is within the line of
demarcation identified in the Intergovernmental Agreement with the City of Greeley. Mr.Eisenhower stated
the closing date on the property owned by David Calvin has been delayed due to the recent court decision
and actions taken by the City of Greeley.
In response to Chair Geile, Russ Anson,Attorney, represented the City of Evans and stated they have not
come to an agreement with the City of Greeley. He reviewed the court's decision for the record,and stated
Weld County is the owner of the right-of-way and Evans needs a signature from the Board on the
annexation petition. He explained a petition was submitted to the City of Evans and Greeley for annexation
of the Lundvall and Stugart properties which were both voided by the court decision based on the finding
that the petition should have included the right-of-way necessary to access to properties. Mr.Anson stated
a portion of the previously annexed area was under contract and the court action has caused significant
delays on the closing. He indicated the Intergovernmental Agreement with the City of Greeley,dated 1981,
is still in effect and should be complied with.
Keith Crouch represented the landowner, Calvin Family Trust. He stated the City of Greeley did not
contest the initial annexation, but the decision made by the court has allowed the City of Greeley a second
chance at obtaining the land, and they are causing a delay for the sale of the property. Mr. Crouch stated
the landowners have petitioned to the City of Evans for annexation and he does not feel this petition should
be delayed by a prior dispute between the two municipalities. In response to Chair Geile, Mr. Crouch
stated Rocky Mountain Crossroads, LLC, and the Calvin Family Trust desire to annex into Evans,and this
Minutes, July 16, 2001 2001-1900
Page 2 BC0016
petition does not involve the northwest portion of the property. He further stated the closing date is
tentatively set for September 30, 2001, to allow the City of Evans to complete the annexation process.
David Calvin, property owner, stated he met with Willie Morton, prior Greeley Mayor, who indicated his
displeasure over the differences between the two cities. Mr. Calvin stated he would like to help facilitate
a meeting between the two cities, since the dispute happens to be over his two properties, and the sale
of his property is very important for personal financial reasons. He further stated he would prefer this
matter be resolved administratively, rather than going to court. Mr. Calvin stated although the property
owners would prefer to annex into Evans, the City of Greeley does have valid concerns which also need
to be addressed separate from this annexation request. In response to Commissioner Jerke, Mr. Calvin
stated Mike and Leah Faulkner are the potential buyers of his property, and they also desire to be part of
Evans. Chair Geile stated the Board also has interest in having the two cities resolve their issues. Mr.
Calvin stated the Meyer Farm has been annexed for development which will benefit both communities and
if he is going to be caught in the middle, he would like to be a part of the resolution process.
Roy Otto, City of Greeley Assistant Manager, stated the City of Greeley has no interest in annexing the
northeast corner of Calvin property; however, there is concern that annexation of the right-of-way would
allow Evans to begin annexing property west of 65th Avenue. He expressed concern with service delivery
problems for parcels annexed into Greeley, but located adjacent to a roadway maintained by Evans. Mr.
Otto requested the Board continue this matter to allow adequate time for a meeting among all parties
involved to come to an agreement over this issue. Rick Brady, City of Greeley Attorney, stated they were
unable to reach an agreement prior to this meeting, and if this petition is approved for today,the incentive
to negotiate will be gone. Mr. Brady stated they did not receive all of the information until late Friday
afternoon, so they have not had adequate time to review the details. In response to Commissioner Jerke,
Mr. Otto stated the petition does not extend beyond 65th Avenue; however, there is potential for the City
of Evans to force signatures from property owners located west of 65th Avenue.
In response to Chair Geile, Mr. Calvin stated the Evans City Council meeting is tomorrow night and he
suggested the Commissioners meeting be held tomorrow morning. Mr. Eisenhower stated they can only
consider what exists at this time, not speculate on what the future uses may be. He further stated if the
Board does not make a decision today, the closing date for Mr. Calvin's property will be further delayed.
Rick Brady stated a week delay would still permit enough time to meet the current closing date, and he
suggested the City of Evans hold a special meeting. In response to Commissioner Jerke, Mr. Barker
suggested this matter be continued to 10:00 a.m.tomorrow for a special meeting. He stated that will allow
sufficient time for posting and notification. Mr. Anson expressed concern with delaying this issue and
confusing the annexation schedule,which is anticipated to be completed no earlier than August 31,2001.
He further stated the City of Greeley has no objections to Evans annexing Mr. Calvin's property; however,
there is concern with Evans' future plans to annex west of 65th Avenue. He explained the
Intergovernmental Agreement allows for Evans to annex as far west as 71st Avenue, and indicated one
day is not enough time to resolve all of the outstanding issues regarding this matter. Chair Geile
commented the dispute between the two cities does not necessarily involve this property or this petition,
and he feels a special meeting between the two entities would help resolve some of their issues. Mr.
Calvin stated this is a business deal and the two parties should be able to come to an agreement. Mr.
Crouch stated the larger issue is not contingent on this parcel being annexed by the City of Evans, and
he reiterated the concerns expressed by Greeley are mute because the Intergovernmental Agreement
already allows Evans to annex as far west as 71st Avenue. Mr.Calvin stated he wants this matter resolved
for his own personal financial reasons; however, he is willing to work with the two cities to help resolve the
bigger issues. Responding to Commissioner Vaad, Mr. Brady stated the City of Greeley does not need
the northwest corner of Mr. Calvin's property for contiguity; however, there is concern that in the future
Greeley will annex property that will be split by right-of-way owned and maintained by the City of Evans.
Commissioner Vaad commented the Board of Commissioners would prefer to see a logical road system
Minutes, July 16, 2001 2001-1900
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in place. Mr. Brady explained the results of approving this annexation for the record. (Switched to Tape
#2001-30.) Mr. Anson stated the Board of Commissioners did not sign an earlier petition; however, they
did not specifically object.
Greg Thompson, City of Greeley Planning Manager, displayed a map showing the area and questioned
how many acres are being proposed to the Board through this on the petition. He indicated the area
proposed for annexation; however, he is not certain of the exact legal because he did not have adequate
time to review the proposal. There being no further comments, Chair Geile closed public testimony. Mr.
Barker stated the Board can schedule a special meeting for tomorrow.
Commissioner Jerke indicated he is in favor of signing the petition today because it does not seem likely
this issue will be resolved within the next 24 hours,the City of Greeley does not object to annexations east
of 65th Avenue, and it is the desire of the property owners to annex into the City of Evans. Commissioner
Masden concurred and stated the Board needs to deal with this specific issue, not try to fix all the other
outstanding issues between Greeley and Evans. Commissioner Vaad stated he partially agrees with
Commissioners Jerke and Masden;however,one more opportunity to discuss the issues may be beneficial
for future discussions regarding the overall situation. Commissioner Long and Chair Geile concurred.
Commissioner Vaad moved to schedule a special meeting for 10:15 a.m. on July 17, 2001,to discuss said
petition and allow additional time for the Cities of Evans and Greeley to meet and possibly come to a
solution. Commissioner Long seconded the motion. Upon a call for the vote, the motion carried with
Commissioners Masden and Jerke opposed.
CONSIDER POLLING PLACE CHANGE FOR 2001 ELECTIONS:Mr.Barker stated Suki Tsukamoto,Weld
County Clerk and Recorder, recommends approval of this request for changes to the 2001 polling places.
Commissioner Vaad moved to approve said change in polling places for the 2001 elections. Commissioner
Masden seconded the motion, which carried unanimously.
CONSIDER ENTRY UPON VARIOUS LANDS BY WELD COUNTY VEGETATION MANAGEMENT
SPECIALIST: Frank Hempen, Jr., Director of Public Works, stated this is a routine request to enter lands
that do not comply with weed management control. In response to Commissioner Vaad, Mr. Hempen
stated the Department of Public Works has entered three properties out of more than 30 that have been
notified of problems. He stated the staff has been very effective in helping educate the public on weed
management techniques, and most property owners have been cooperative. Commissioner Vaad moved
to approve said entry request. Commissioner Long seconded the motion, which carried unanimously.
CONSIDER ASSESSED VALUATION OF TAXABLE PERSONAL PROPERTY AND MASTER PROTEST
LOG: Chris Woodruff, Assessor's Office, reviewed the Total Assessed Valuation on Taxable Personal
Property and the Master Protest Log as required pursuant to Section 39-8-105, C.R.S. He stated the
amounts have decreased from last year,with the largest decline in industrial properties. He further stated
the largest increase is in the oil and gas equipment due to increased oil and gas production. Mr.Woodruff
stated the overall valuation for Weld County personal property is $365,439,650.00. Commissioner Vaad
moved to approve the Assessed Valuation of Taxable Personal Property and the Master Protest Log.
Commissioner Jerke seconded the motion, which carried unanimously. In response to Chair Geile, Mr.
Woodruff estimated there will be less than 300 appeals to the Board of Equalization.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. No Ordinances were approved.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Acting Clerk to the Board.
Minutes, July 16, 2001 2001-1900
Page 4 BC0016
There being no further business, this meeting was adjourned at 10:10 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD C NTY, COLORADO
ATTEST: id.frter#�� t E 4,��� /M 46,2
M. J. eile, Chair
Weld County Clerk to the GO0 as
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Glenn Vaad, Pro- m
BY:
Deputy Clerk to the Boar 17
W' ' H. Jerke
D vi E. Lortg 4L
Robert D. Masden
Minutes, July 16, 2001 2001-1900
Page 5 BC0016
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