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Home My WebLink About20011903.tiff • RESOLUTION RE: APPROVE PETITION FOR ANNEXATION TO THE CITY COUNCIL, CITY OF EVANS, COLORADO,FOR PORTIONS OF 37TH STREET AND 65TH AVENUE AND AUTHORIZE CHAIR TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS,the Board has been presented with a Petition for Annexation of certain portions of 37th Street and 65th Avenue, being more particularly described in said petition, to the City Council of the City of Evans, Colorado, and WHEREAS, after review, the Board deems it advisable to approve said petition, a copy of which is attached hereto and incorporated herein by reference. NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Petition for Annexation of certain portions of 37th Street and 65th Avenue, being more particularly described in said petition, to the City Council of the City of Evans, Colorado, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said petition. The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 17th day of July, A.D., 2001. BOARD O COUNTY COMMISSIONERS WELD ri UNTY, COLORADO ATTEST: Midi �, �`� ��, L✓ . J Geile, Ch it Weld County Clerk to the rd ' 1861 Ittittw 8)r enn Vaad, ro- em BY: ? Deputy Clerk to the Boa�► T( �: °�' ;" �- �r Willi H. Jerke AP AST M: cki 1D vid on Y16,,/ey Robert D. Masden Date of signature: 7/�7 Date of full execution: 767 2001-1903 DC - ala//5 EG0041 CITY OF EVANS 1100 37TH STREET COLORADO EVANS, COLORADO 80620 970-339-5344 EXT. 112 PETITION FOR ANNEXATION The undersigned, in accordance with Article 12, Chapter 31, CRS, as amended,hereby petition for City Council of the City of Evans, Colorado,for annexation to the City of Evans the unincorporated territory more particularly described below, to be know as WGR AtliUgYA-ripdand in support of said Petition, your petitioners allege that: 1) It is desirable and necessary that the following described territory be annexed to the City of Evans; AA /4-11/1c1/6)3/4-11/1c1/6)3kk, �4L 2) Not less than one-sixth (1/6) of the perimeter of the area proposed to be annexed is contiguous with the City of Evans, Colorado; 3) A community of interest exists between the territory proposed to be annexed and the City of Evans, Colorado; 4) The territory proposed to be annexed is urban or will be urbanized in the near future; 5) The territory proposed to be annexed is integrated or is capable of being integrated with the City of Evans, Colorado; 6) The signatures of the Petition comprise more than fifty percent (50%) of the landowners of the territory to be included in the area proposed to be annexed; 7) No land held in identical ownership,whether consisting of one tract on parcel of real estate or two or more contiguous tracts or parcels of real estate: a) Is divided into separate parts or parcels without the written consent of the landowner or landowners thereof,unless such tracts or parcels are separated by a separate dedicated street, road or other public way; b) Comprising twenty(20)acres or more and which,together with the buildings and improvements situated thereon has an assessed value in excess of Two Hundred Thousand Dollars ($200,000) for ad valorem tax purposes for the year preceeding the annexation, is included within the territory proposed to be annexed without the written consent of the landowner or landowners. 1 Petition of Annexation ;OD/ - 19o3 8) No part of the area proposed to be annexed is more than three miles from a point on the municipal boundary, as such was established more than one year before this annexation will take place; 9) The area proposed to be annexed comprises (Check One): More than ten acres and the Board of County Commissioners of Weld County has agreed to waive the requirement of an impact report as provided for in section 31-12-108.5, C.R ., as amended. More than ten acres and an impact report as provided for in section 31-12-108.5, C.R.S., as amended, is required. Ten acres or fewer and an impact report as provided for in section 31-12-108.5, C.R.S., as amended, is not required. 10) The area proposed to be annexed is located within Weld County, and the following special districts: Water Districts NG Vi Mir-10( Sanitation District Fire District M i i I 1 I(tV) t School District 9Ghepl t)fMvl) ##(p Recreation District Library District WliAS, Lib'' Ambulance District Jr. College District 4 ti c J(. Other Ira (/(t&td. Soi IWt,� cflfAYl��( 11) The mailing address of each signer, the legal description of the land owned by each signee and the date of signing of each signature are all shown on this Petition; 12) Accompanying this Petition are four(4)prints of the annexation map containing the following information: a)A written legal description of the boundaries of the area proposed to be annexed; b) A map showing the boundary of the area proposed to be annexed; c) Within the annexation boundary map there is shown the location of each ownership tract in unplatted land, and if part or all of the area is to be platted, then the boundaries and the plat number of plots or of lots and blocks are shown; d)Next to the boundary of the area proposed to be annexed is drawn the contiguous boundary of the City of Evans, and the contiguous boundary of any other municipality abutting the area proposed to be annexed; e) The dimensions of the contiguous boundaries are shown on the map. 2 Petition of Annexation 13) The territory to be annexed is not presently a part of any incorporated city, city and county, or town; 14) The undersigned agree to the following,which shall be covenants running with the land, and which shall, at the option of the City, appear on the annexation map; 15) Petitioner represents that: a) Water rights shall be provided pursuant to City Ordinance; b) The owners shall participate in providing drainage plans and improvement and payment of a unit drainage fee as maybe required by the City for the area; c) The undersigned hereby waives any and all "vested rights" previously created pursuant to Section 24-68-103, CRS, as amended; d) The undersigned and the City may enter into a Pre-Annexation Agreement prior to the effective date of this annexation, which agreement shall be additional conditions as effectively as if set forth in this Petition; and Check One: No part of the property to be annexed is included within any site specific development plan approved by Weld County, Colorado. A site specific development plan has been approved by Weld County, Colorado, which has created a vested right. 16) The petitioner understands he will be responsible for costs incurred by the City of Evans such as,but not limited to, advertising and recording fees, attorney fees, and other professional costs incurred by the city. 3 Petition of Annexation Executed this r�n- day of c 1 (,I.Lta_ , 20 e1 l . Property Owner of attached Legal Description 0 Property Owner of attached Legal Description inclu,:',g fee title of land to the adjacent including fee title of land to the adjacent righ o -way rght-of-way 5y„..c) at (IN :a_ e- as.JS C oY Ct /JWwL _ `� ` L y 62-1f \--37"It'- Se U . ii-iliShe-el4302- Address Address Property Owner of attached Legal Description roperty caner of attached Legal Description including fee title of land to the adjacent including fee title of land to the adjacent right-of-way right-of-way e5-. g© 4°lj' St. 935 10th Street, P 0 lime 758 Grata} , CD So234 Greeley, CO 80632 Address Address e foregoing instrument was acknowledged before me this , 9 day ORA��,P,®,,1,t T i 1� A.D. 20 0 ' `� I �� 4.. •.:,1� tl ' -1 1 , is Witness my hand and official seal. My commission expires r . on RAY • ; 43thto.�0, 'Rai i ,, . Notary Public t1t A t Office Use Only: • 1/11)0I Date Received City Clerk 4 Petition of Annexation The foregoing instrument was acknowledged befo fins r' day of 1�.8 , A.D. 20 ,n / 3 1,1 Mc--17 Um.A. ' k HARDING i Witness my hand an official seal. My commissio ' es . : �! > ,7 '`�+. . .. �Cp1 Notary Public --C.J My Commission Expires June 8,2002 5 Petition of Annexation ANNEXATION NO.1: A Tract of land located in the SW1/4 of Section 22 and in the NW 1/4 of Section 27, All in T5N, R66W of the 6TH P.M., County of Weld, State of Colorado, described as follows: Commencing at the Southeast Corner of said Section 21 from which the S 1/4 corner of said Section 21 bears S88°24'04" W, 2630.79 feet, Thence N88°49'49"E, 2625.75 feet along the South line of the SW1/4 corner of said Section 22 to the S1/4 Corner of said Section 22 and the True Point of Beginning; Thence N01°45'16"W, 30.00 feet along the East line of the SW1/4 of said Section 22 to the North line of the South 30.00 feet of the SW1/4 of said Section 22 to a point hereinafter known as "POINT A"; Thence $66°10'07"W, 155.71 feet to the South line of the north 30.00 feet of the NW1/4 of said Section 27; Thence N88°49"49'E, 144.30 feet along the South line of the North 30.00 feet of the NW1/4 of said Section 27 to the West line of the NW1/4 of said Section 27; Thence N01°45'16"W, 30.00 feet along the west line of the NW1/4 of said Section 27 to the S1/4 Corner of said Section 27 and the True Point of Beginning. ANNEXATION NO.2: A Tract of land located in the SW1/4 of Section 22 and in the NW1/4 of Section 27, all in T5N, R66W of the 6TH P.M., County of Weld, State of Colorado described as follows: Beginning at said"POINT A" thence $66°10'07", 155.71 feet to the South line of the North 30.00 feet of the NW1/4 of said Section 27 and a point hereinafter known as "POINT B"; Thence N80°22'14"W, 320.19 feet to the North line of the South 30.00 feet of the SW1/4 of said Section 22; Thence N88°49'49"E, 458.20 feet along the North line of the South 30.00 feet of the SW I/4 of said Section 22 to the Tue Point of Beginning. ANNEXATION NO.3: A Tract of land located in the SW1/4 of Section 22 and in the NW1/4 of Section 27, all in T5N, R66W of the 6TH P.M., County of Weld, State of Colorado, described as the follows: Beginning at said"POINT B"thence N80°22'14"W, 320.19 feet to the North line of the SW1/4 of said Section 22, a point hereinafter known as "POINT C"; Thence S83°29'15"W, 644.28 feet to the South line of the North 30.00 feet of the NW1/4 of said Section 27; Thence N88°49'49"E, 956.00 feet along the South line of the North 30.00 feet of the NW1/4 of said Section 27 to the True Point of Beginning. ANNEXATION NO. 4: A Tract of land located in the SW1/4 of Section 22 and in the NW1/4 of Section 27, all in T5N, R66W of the 6TH P.M., County of Weld, State of Colorado, described as follows: Beginning at said"POINT C", Thence S83°29'15"W, 644.28 feet to the South line of the North 30.00 feet of the NW1/4 of said Section 27 and a point hereinafter known as "POINT D"; Thence N88°30'20"W, 1290.62 feet to the North line of the South 30.00 feet of the SW1/4 of said Section 22; Thence N88°49'49"E, 1930.71 feet along the North line of the South 30.00 feet of the SW1/4 of said Section 22 to the True Point of Beginning. ANNEXATION NO.5: A Tract of land located in the SW1/4 of Section 22, in the NW1/4 of Section 27, in the NE 1/4 of Section 28, and in the SE1/4 of Section 21, all in TN, R66W of the 6TH P.M., County of Weld, State of Colorado, described as follows: Beginning at said"POINT D",Thence N88°30'20"W, 1290.62 feet to the North line of the South 30.00 feet of the SW1/4 of said Section 22 to a point hereinafter known as "POINT E"; Thence S87°06'32"W, 2581.72 feet to the South line of the North 30.00 feet of the N/E 1/4 of said Section 28; Thence N88°24'04"E, 2345.00 feet along the South line of the North 30.00 feet of the NE1/4 of said Section 28 to the West line if the NE1/4 of said Section 28; Thence N88°49'49:E, 1524.84 feet along the South line of the North 30.00 feet of the NW1/4 of said Section 27 to the True Point of Beginning. ANNEXATION NO.6: A Tract of land located in the SW1/4 of Section 22 in the NW1/4 of Section 27, in the NE1/4 of Section 28, and in the SE1/4 of Section 21, All in T5N, R66W of the 6TH P.M., County of Weld, State of Colorado, described as follows: Beginning at said"POINT B", Thence S88°49'49"W,236.50 feet along the North line of the South 30.00 feet of the SW1/4 of said Section 22 to the East line of the SE 1/4 of said Section 21; Thence NO1°05'52"W, 2468.88 feet along the East line of the SE1/4 of said Section 21 to the most Southerly point of Parcel 2 as described in said Book 936 at Reception No. 1858293; Thence N58°15'31"W, 261.84 feet along the Southerly line of said Parcel 2 to the North line of the SE1/4 of said Section 21; Thence S88°38'23"W, 2122.48 feet along the North line of the SE1/4 of said Section 21 to the Northeast Corner of Parcel 3 as described in said Book 936 at Reception No. 1858293; The following Two (2) courses and distances are along the East and South lines of said Parcel 3; Thence S10°49'23"E, 381.33 feet; Thence S74°27'12"W, 350.90 feet to the East line of the West 30.00 feet of the SE1/4 of said Section 21; Thence SOI°32'48"E, 965.97 feet along the East line of the West 30.00 feet of the SE1/4 of said Section 21 to the South line of MYERS FARM ANNEXATION to the City of Greeley; Thence S88°27'12"W 60.00 feet along the South line of said MYERS FARM ANNEXATION to the West line of the East 30.00 feet of the SW1/4 said Section 21; Thence S01°32'48"E, 1224.64 feet along the West line of the East 30.00 feet of the SW1/4 of said Section 21 to the South line if the SW1/4 of said Section 21; Thence S00°47'57"E, 2639.97 feet along the West line of the East 30.00 feet of the NW 1/4 of said Section 28 to the South line of the NW1/4 of said Section 28; Thence N88°53'11"E, 2758.91 feet along the South line of the NW 1/4 and the South line of the NE 1/4 of said Section 28 to the E1/4 Corner of said Section 28; Thence N02°54'54"W, 2354.89 feet along the East line of the NE1/4 of said Section 28 to the Southerly line of that Tract of land as described at Reception No. 1495705 of the Records of Weld County, Colorado; The following Four(4) Courses and distances are along the Southerly line of that Tract of land as described at said Reception No. 1495705: Thence N68°56'16"W, 88.86 feet; Thence 576°16'14"W, 165.87 feet; Thence N43'52'16"W, 269.11 feet; Thence N66°49'56"W, 191.67 feet to the South Line of the North 30.00 feet of the NE1/4 of said Section 28; Thence S 88°24'04"W, 1752.18 feet along the South line of the North 30.00 feet of the NE1/4 of said Section 28 to a point from which the True Point of Beginning bears N87°06'32"E; Thence N87°06'32"E, 2581.72 feet to the North Line of the South 30.00 feet of the SW1/4 of said Section 22 and the TRUE POINT OF BEGINNING. 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In — __mi.C./.C'06 SEC 76 ...,..r r.... C./.Coo SIC 21 11.."r.,.a m4v a�.iaY.6d�C.6p�a�.m• rtr� •e m in i mem IMAM r _- .64a a Ia1M. •1010✓ bW ll I.Ar ••4.00 i:f.e Ye 0• !UN a pal atr .e. •tM N al.amp P el. AFFIDAVIT OF CIRCULATOR STATE OF COLORADO ) ) SS. COUNTY OF WELD ) OfZeibe-qt ZetRid. being first duly sworn, states upon oath that he/she is the circulator of the petition to which this Affidavit is attached and knows of his/her own knowledge that the signature of each land owner appearing on said petition is the signature of the person whose name it purports it to be. ip Signatur f Circulator 1 4k-1 The foregoing, Affidavit w ubsc bed and sworn to before me this D day of l I a ,, Witness my hand and official seal. BRENDA ^�,�y� ur RAY a My Commission expires q\l L\ D0a3 c' >z fdaO. --R QJ �> oFeboe Notary Public '.'; p fl i .-a OFFICE OF THE CITY MANAGER Cary 1000 10TH STREET,GREELEY,,COLORADO 80631 •(970)350-9770 Greeley F SEE July 13, 2001 Weld County Board of County Commissioners 915 10`h Street P.O. Box 758 Greeley, CO 80632 RE: City of Evans'Petition for Annexation to be Known as the W.C.R. Annexation Dear Commissioners: I am writing this letter to notify the Commission about the serious concerns the City of Greeley has with the above-referenced annexation. The City of Greeley just became aware of this petition late Thursday afternoon. We plan on having City representatives at your meeting on Monday morning but wanted to give you some advance notice of our serious concerns about this petition. As you are aware from the many reports in the newspaper, Greeley and Evans have ongoing litigation regarding annexations and proposed annexations in this area. While the Weld County District Court has ruled on some of the disputes,there are others that are still pending and scheduled to go to trial in August. The copy of the petition Greeley has in its possession, at the time this letter is being written, is incomplete. References are made to an attached legal description,which has not yet been provided as of Friday morning by Evans to the County. We verified this with both the County Attorney and the City of Evans. Nor is there an adequate map or drawing attached to show what exactly is being proposed for annexation. An adequate map,we again verified didn't exist as of Friday morning but was being prepared to be submitted sometime Friday afternoon by Evans to the County. Without a clear understanding of the petition, the City of Greeley can't adequately analyze or take a formal position on this petition. For that reason, the City of Greeley is asking, at a minimum, this matter be delayed by the County Commissioners to a later County Commission meeting so that all the parties involved, the County, the City of Evans and Greeley can have the necessary documentation to adequately analyze the EX 3 $R$T SERVING OUR COMMUNITY • IT S A TRAD We promise to preserve ano/improve IAe finality o/ffeicor• 9reefey terougE limey, courteous an Weld County Board of County Commissioners July 13, 2001 Page 2 impacts of this potential annexation. If this matter is not continued,the City of Greeley reserves its right to file a Greeley petition of annexation for some or all of the same area to be determined after the full Evans packet is analyzed. The City of Greeley wants to fully inform the Commissioners of its intent,but is unable to give more detail until the most basic information is provided by the City of Evans. It is also the City of Greeley's understanding that Evans requested that the County quitclaim the road in this annexation to the City of Evans in lieu of going through this annexation petition process. The City wishes to thank the County for declining to quitclaim the road to the City of Evans, but rather provide this public process so that all the facts and positions can be considered in arriving at a solution. The City of Greeley certainly acknowledges that there are different views,political,legal and factual in the disputed land to be annexed, but the City of Greeley feels those best be resolved in an open forum, whether that be public meetings in front of the Commission, at the various cities' councils and the courts. It should not be accomplished through any behind the scenes deal. The City of Greeley recognizes and appreciates the fact that Greeley and Evans are both a part of Weld County and Greeley and Evans are neighbors. We have numerous intergovernmental agreements on emergency services, water, Teen Court and road maintenance with Evans. It is in the best interest of all taxpayers for all these entities that these matters be resolved as quickly, fairly and openly as possible without wasting valuable taxpayers revenues. The City of Greeley appreciates your consideration of this letter and will be available and ready to further discuss this matter at your meeting on Monday morning. Cordially, CITY OF GREELEY, COLORADO OFFICE OF THE CITY MANAGER L7,1 L onard Wiest City Manager cc: Richard P. Brady, Esq. R. Russell Anson, Esq. Bruce Barker, Esq. The City of July 16, 2001 COLORADO Weld County Board of Commissioners 915 10th Street P.O. Box 758 Greeley, CO 80632 Re: City of Evans Request to Consent to Annexation of Rights-Of-Way Dear Commissioners, The City of Evans appreciates your consideration of the request to consent to the annexation of rights-of-way located within your jurisdiction. Specifically, these rights-of-way are generally located along 37th Street, east of 65th Avenue leading up to right-of-way controlled by Evans on 37th Street, and along 65th Avenue, south of 37th Street for approximately IA mile adjacent to the Ed Wiedeman property. The City of Evans is aware that the City of Greeley has expressed its concerns regarding this annexation request in a letter dated July 13, 2001. The City of Evans feels the County should proceed based on the following reasons. The City is requesting the County's consent to the annexation of these rights-of-way in order to facilitate in processing petitions of annexation submitted by private land owners. The property contained within these petitions of annexation generally include: Rocky Mountain Crossroads, LLC, David Calvin's current residence, located adjacent to 37'h Street; and two parcels by Ed Wiedeman- one located north of the Calvin property and the other located south,but adjacent to 37th Street and 65th Avenue. Collectively, this annexation is currently being referred to as the W.C.R. Annexation. The property owners have not submitted competing annexation petitions to the City of Greeley. Two of these parcels of land were previously annexed to the City of Evans. However, a ruling by Judge West on the manner in which 37th Street was annexed, nullified these annexations as well. Public hearings for the annexation petition submitted by Rocky Mountain Crossroads, LLC (Calvin) were held on April 17, 2001 and continued to May 1, 2001. There were no objections expressed during these public hearings. Likewise, a public hearing was conducted on June 19, 2001 for the petition for annexation submitted by Ed Wiedeman (EWBAR III), located north of the Calvin property. Again, no objections were raised during the public hearing. Copies of the pertinent sections of those Evans City Council minutes have been included for your review. All of the property in the W.C.R. Annexation is located within the City of Evans urban growth boundary. This area has collectively been included in the urban growth boundary that is identified in the Coordinated Planning IGA with Weld County, dated October 4, 1999. E IBIT I 1100 37th Street • Evans, Colorado 80620-2036 • (970) 339-5344 • Fax: (970) 330-3472 Weld County Board of Commissioners July 16, 2001 Consent to Annexation of Rights-Of-Way Page TWO All of the property within the W.C.R. Annexation is subject to provisions of the 1981 IGA between the City of Evans and the City of Greeley. In short, this IGA established an east/west line of demarcation that extended from 17th Avenue to 71st Avenue. As part of the establishment of the line of demarcation, the IGA provided that the City of Greeley will not accept a petition for annexation or attempt to annex property lying south of the line of demarcation until the City of Evans has either indicated that it is not interested in the property or has rejected a petition for annexation of said property. The City of Greeley has challenged the validity of this IGA however, this IGA is currently still in full force and effect and therefore the property within the W.C.R. Annexation is governed by this provision. The City of Evans had included this portion of right-of-way of 37th Street within the Lundvall/Stugart annexation. None of the property owners along 37th Street that are no part of the W.C.R. Annexation were present at the public hearing that was held on October 23, 2000 to express any opposition to the annexation of this portion of the 37th Street right-of--way. A transfer of property ownership has already been delayed during this process. It is the intent of the City of Evans to expedite this process and graciously asks for the County's support. In summary the City of Evans feels that the County's consent should be given based on the following: 1) competing petitions of annexation have not been submitted to the City of Greeley or any other municipality; 2)previous objections were not offered during the public hearings when the first petitions of annexation were submitted; 3) all of the property within this petition of annexation is located within the City of Evans urban growth boundary; 4) all the property within this petition for annexation is subject to the provisions of the 1981 IGA between the City of Evans and the City of Greeley which is located south of the line of demarcation; and 5) none of the private property owners within this area objected to the annexation of 37th Street during the original process. Thank you for your time and consideration. Sincerely, Bruce A. E enhau City Manag Attachments f:\wpwinletters\w.c.r.annexation _, MINUTES EVANS CITY COUNCIL Regular Meeting April 17, 2001 - 7:30 P.M. I. CALL TO ORDER Mayor Melby called the meeting to order at 7:30 p.m. II. PLEDGE III. ROLL CALL: Council: Present- Mayor Melby,Mayor Pro Tem Larson,Council Members George-Hernandez, Johns, Petersen and Weisberg Absent - Council Member Trujillo Staff: Present- Russ Anson- City Attorney Bruce Eisenhauer- City Manager Kim Betz - City Clerk IV. APPROVAL OF AGENDA: Council Member Weisberg made motion,seconded by Council Member Petersen to approve the ) agenda as presented. Motion passed with all voting in favor thereof. V. MINUTES OF REGULAR MEETING APRIL 3, 2001: Council Member Larson made motion, seconded by Council Member George-Hernandez to approve the minutes as presented. Motion passed with all voting in favor thereof. VI. PROCLAMATION Arbor Day VII. UNFINISHED BUSINESS A. Continued Public Hearing - Off-street parking variance - Family Dollar Store Mayor Melby opened the Public Hearing. Elizabeth Relford, Community Development Coordinator, explained the following: The City of has received a request from Mr. Larry Stewart with Perspective Design Inc., applicant, for a variance to Evans off-street parking requirements for the proposed Family Dollar Store to be located in the 800 Block of 315` Street, directly west of Western Sizzlin. Retail stores are required to provide one parking space per 200 square feet of retail area. The Family Dollar store is proposing an 8,000 square foot retail building which would require them to provide 40 off-street parking spaces. Mr. Stewart has submitted a building layout identifying how much sales area,receiving area and office area will be utilized. The number Evans City Council I April 17, 2001 Page 3 lo Richardson, owner of Ideal Services, explained the following: He feels it is import to port Mr. Boswell and the Family Dollar Store and feels this is a good project. Mayor by asked if anyone in attendance wished to speak in opposition of e variance request. No e responded. Council Member isberg stated he agrees with the Zoning Board Appeals and would like to leave the share arking issue between the property owne as long as staff verifies there is adequate parking. hey can work an agreement betwe themselves and that would remove the City. The City Attorney stated that Cou ' could grant t variance on the condition that both property owners enter into an agreeme for sh parking on the north end. Mayor Melby closed the Public Hearing. Council Member Petersen made m on, seconded b ouncil Member George-Hernandez to grant an off-street parking v ' ce to the Family Dol Store with the understanding that the area to the north of the perty be developed for shar arking. Motion passed 5-1. Ayes:Mayor Melby,Co Members George-Hernandez,Jo Larson and Petersen.Nay: Council Member Wei erg VIII. NEW BUSINESS A. Appointme o Planning Commission- Stan Jantz Coun . ember Larson made motion,seconded by Council Member George-He dez to ap nit Stan Jantz to the Planning & Zoning Commission. Motion passed with all •ng • favor thereof. scat B. Public Hearing -Rocky Mountain Crossroads Annexation Mayor Melby opened the Public Hearing. Elizabeth Relford, Community Development Coordinator, explained the following: The City of Evans has received a petition for annexation from Rocky Mountain Crossroads, LLC,property owner, to annex approximately 43.282 acres to the City of Evans. The area identified as the Rocky Mountain Crossroads (Calvin) Property is located at the northeast corner of 37th Street and 65th Avenue. In accordance with State Statutes, the property meets the 1/6 contiguous boundary requirement and notice was published. Also, according to State Statutes, any annexation greater than ten acres requires submitting an impact report to Weld County. Weld County Planning Department submitted their standard comments. 2 - Evans City Council April 17,2001 Page 4 Per the Rocky Mountain Crossroads Conservation Easement approved in December of2000, the property owner was required to petition the city for annexation before March 31, 2001. The annexation includes, not only the conservation easement parcel, but the entire subject property. The comprehensive plan identifies this area as local business,low density residential,and open space. Rocky Mountain Crossroads,LLC submitted a revised annexation plat map on Tuesday,April 17,2001 which only incurs 33.4 acres. The original annexation plat map and petition included the entire parcel. The plat map submitted on April 17 excludes the existing estate area from the annexation. This parcel is now owned by a different person, so there are different owners for the Conservation Easement portion and the estate area.Mr. Relford's understanding at the time of submittal for annexation, there was just one property owner for the entire site. D.J. Calvin,representative for Rocky Mountain Crossroads,LLC, explained the following: There was some miscommunication between Ms. Relford and himself regarding the annexation.Rocky Mountain Crossroads,LLC has never owned the estate parcel. He asked the owners if they would like to annex with them since Rocky Mountain Crossroads, LLC cannot annex a piece of property they do not own.The property owners of the estate declined at that time because they did have the estate property under contract to a new buyer and the new buyer did not express, at that time, whether they wanted to annex or not. The main point is when Rocky Mountain Crossroads, LLC submitted the petition for annexation, it never included the estate property because Rocky Mountain Crossroads, LLC never owned the estate parcel. The owner of the estate property never signed the annexation petition. During discussion, Council felt that due to the miscommunication, this annexation should be tabled until the May 1,2001 City Council meeting so staff can research this issue further. Council Member George-Hernandez made motion,seconded by Council Member Weisberg to continue the Public Hearing to May 1, 2001 at 7:30 p.m. Motion passed with all voting in favor thereof. ublic Hearing-Nickerson/Frederick/Nunn Rezoning Mayor Melby ope ublic Hearing. Elizabeth Relford, Community Developmen • at ne the following: The City of Evans has r rezoning request from Ted & Roz ' Gerson, Carol Frederic unn,property owners,located in the 600-700 Block of 35" , wo-family Residential to R-1, Single-family Residential. 3 - MINUTES 1 EVANS CITY COUNCIL Regular Meeting May 1, 2001 - 7:30 P.M. I. CALL TO ORDER Mayor Melby called the meeting to order at 7:45 p.m. II. PLEDGE III. ROLL CALL: Council: Present- Mayor Melby,Mayor Pro Tem Larson,Council Members George-Hernandez, Johns, Petersen, and Weisberg Absent - Council Member Trujillo Staff: Present - Russ Anson - City Attorney Bruce Eisenhauer- City Manager Pat Riffe-Deputy City Clerk } IV. APPROVAL OF AGENDA: The following changes were made to the agenda: Liquor License Renewals for Mario's Winterset Lounge and The New Plantation were removed from the Consent Agenda and added under New Business as items G. and H. respectively. Council Member George Hernandez made motion, seconded by Council Member Johns to approve the agenda as amended. Motion passed with all voting in favor thereof. V. MINUTES OF REGULAR MEETING OF APRIL 17, 2001 Council Member Weisberg made motion,seconded by Council Member Petersen to approve the minutes as presented. Motion passed with all voting in favor thereof. VI. PROCLAMATION Suicide Prevention Week VII. UNFINISHED BUSINESS: A. Continued Public Hearing- Rocky Mountain Crossroads Annexation ,tri4 Mayor Melby re-opened the Public Hearing. Elizabeth Relford, Community Development Coordinator, explained the following: At the April 17, 2001 meeting, City Council continued the annexation public hearing until further information could be provided regarding whether or not the±9 acre parcel containing the existing single-family dwelling and accessory structures were included with the original annexation petition annexation. 4 Evans City Council May 1, 2001 Page 2 The area identified as the Rocky Mountain Crossroads (Calvin) Property is located at the northeast corner of 37th Street and 65th Avenue. Elizabeth Relford read a letter from the owners of the estate property which indicated the residence will also be included in the annexation, making a total of 33.402 acres. D.J. Calvin, representing Rocky Mountain Crossroads, was available to answer questions. Mayor Melby asked if anyone in attendance wished to speak in favor of the annexation. No one responded. Mayor Melby asked if anyone in attendance wished to speak in opposition of the annexation. No one responded. Mayor Melby closed the Public Hearing. Council Member Johns made motion, seconded by Council Member George-Hernandez to approve the Rocky Mountain Crossroads Annexation to the City of Evans. Motion passed with all voting in favor thereof 1 B. Resolution No. 29-2001 - Interpretation Variance - Ideal Services Council Member Weisberg made motion, seconded by Council Member Melby to adopt Resolution No. 29-2001. Motion failed 4-2. Nays: Council Members George-Hemandez, Johns, Larson and Petersen. Ayes: Mayor Melby and Council Member Weisberg. VIII. BUSINESS: A. Ap tment of William Pike to Senior Citizen Advisory Board Council Me Larson made motion, seconded by Council Member Johns to a William Pike to th for Citizen Advisory Board. Motion passed with all vot' n favor thereof. B. Appointment of Elinor Castro to Citizen Advisory Bo I Council Member Larson made motion, secon Council Member Weisberg to appoint Elinor Castro to the Senior Citizen Advis oar . otion passed with all voting in favor thereof. C. Public Hearing - Van o Above Ground Storage - Evans Indus Park Mayor Me opened the Public Hearing. oug Melby, Fire Marshal, explained the following: 5 MINUTES EVANS CITY COUNCIL Regular Meeting June 19, 2001 - 7:30 P.M. I. CALL TO ORDER Mayor Melby called the meeting to order at 7:35 p.m. II. PLEDGE III. ROLL CALL: Council: Present - Mayor Melby, Mayor Pro Tem Larson, Council Members, Petersen, Trujillo and Weisberg Absent- Council Members George-Hernandez and Johns Staff: Present - Russ Anson- City Attorney Bruce Eisenhauer- City Manager Kim Betz - City Clerk IV. APPROVAL OF AGENDA: Item F. Resolution No. 42-2001-Findings of Fact-EWBARIII Annexation was removed from the Consent Agenda and added under New Business as Item E. 1. Council Member Trujillo made motion, seconded by Council Member Petersen to approve the agenda as amended. Motion passed with all voting in favor thereof. V. MINUTES OF REGULAR MEETING JUNE 5, 2001: Council Member Weisberg made motion,seconded by Council Member Petersen to approve the minutes as presented. Motion passed with all voting in favor thereof. VI. UNFINISHED BUSINESS A. Continued Public Hearing- Neville's Crossing Subdivision-Final Plat 1. Ordinance No. 084-01 -Approving/Denying Preliminary Plan& Final Plat(1"Rd) Mayor Melby re-opened the Public Hearing. Elizabeth Relford, Community Development Coordinator, explained the following: The public hearing was continued from the June 5th Council meeting to allow the developer and Patina Oil the needed time to enter into an agreement regarding the existing oil & gas facilities. It is staff's understanding that both entities are still negotiating the specifics of the agreement,but are working together. The City of Evans has received a request from Terra Firma Land Works, LLC to subdivide the Northwest corner of 47th Avenue and 49th Street. Evans City Council June 19,2001 Page 10 r Melby asked if anyone in attendance wished to speak in favor of granting the s permit. e responded. Mayor Melby asked if any . attendance wished to spe pposition of granting the special permit. No one responded. Mayor Melby closed the Public Council Membe s erg made motion, seconded by Council Member " lo to adopt Resoluf o.40-2001 with the understanding the structure be painted earthtones. • n with all voting in favor thereof E. Public Hearing-EWBARIII Annexation sits,y III 1. Resolution No.42-2001-Findings of Fact-EWBAR Annexation "T 2. Ordinance No. 091-01 -Approving/Denying EWBARIII Annexation (1"Rd) Mayor Melby opened the Public Hearing. Elizabeth Relford, Community Development Coordinator, explained the following: The City of Evans has received a petition for annexation from Mr. Ed Wiedeman, property owner, to annex approximately 110.960 acres to the City of Evans. The subject parcel is located in the 3500 Block of 65th Avenue. In accordance with State Statutes, the property meets the 1/6 contiguous boundary requirement and notice was published. The conceptual plan identifies 4.4 units per acre proposing single-family & multifamily residential development,and open space. More specifically,250 single-family lots, 52 duplex lots (104 dwelling units), 5.98 acres of multifamily - 44units (Outlot B), Senior Housing Apartments on 7.9 acres-84 units(Outlot A),and 11.99 acres for potential park land of which only 9.1 acres may comply with the park dedication requirements. The comprehensive plan identifies this area as low density residential(0-4 units per acre), and open space. The applicant was not in attendance. Mayor Melby asked if anyone in attendance wished to speak in favor of the annexation.No one responded. Mayor Melby asked if anyone in attendance wished to speak in opposition of the annexation. No one responded. Mayor Melby closed the Public Hearing. 7 Evans City Council June 19, 2001 Page 11 Council Member Trujillo made motion, seconded by Council Member Weisberg to adopt • Resolution No.42-2001 and Ordinance No. 091-01 on first reading. Motion passed with all voting in favor thereof. VIII. CONSENT AGENDA: A. Ordinance No. 085-01 - Adoption of 2001 Official Zoning Map (2nd Rd) B. Ordinance No. 086-01 - Vacation &Dedication of alley, Block 168 (2"d Rd) C. Ordinance No. 087-01 -Budget Appropriations (2"d Rd) D. Award of Bid - Mowing/Trimming E. Resolution No. 41-2001- Adopting Revisions to the Human Resources Policies and Procedures Manual F. Award of Bid - Street/Drainage Improvement Projects G. Request for Reduction of Fees - Loyal Order of the Moose • H.► Request for Reduction of Fees - Evans School Reunion I: Request for Reduction of Fees -Veterans of Foreign Wars Post#6624 J. Request for Reduction of Fees -Fellowship of Christian Athletes K. Request for Reduction of Fees - University High School Council Member Weisberg made motion, seconded by Council Member Larson to approve the Consent Agenda as presented. Motion passed with all voting in favor thereof. IX. REPORTS City Council reviewed the City Manager's report and had no questions. X. AUDIENCE PARTICIPATION There was no audience participation. XI. ADJOURNMENT Mayor Melby adjourned the meeting at 9:40 p.m. Kim Betz, City Clerk I INTERGOVERNMENTAL AGREEMENT THIS AGREEMENT is entered into this c `f4day of , 1981, by and between the City of Greeley, a duly orga ized municipal corporation, hereinafter referred to as "Greeley" , and the City of Evans , a duly organized municipal corporation, hereinafter referred to as "Evans". WHEREAS , on the 3rd day of July, 1979 , Greeley accepted an Annexation Petition encompassing property in unincorporated Weld County , owned by Carl Meyer, Louise Meyer, and the Conrad Meyer Trust , Carl Meyer and Ezra Meyer Co-Trustees ; and WHEREAS, on the 17th day of July, 1979 , Evans accepted a Petition for Annexation which in part covered portions of the same property which was the subject of the Petition to Greeley, noted above ; and WHEREAS, thereafter, Evans petitioned the District Court of Weld County for an election pursuant to Section 31-12-114, C. R. S . 1973, as amended; and WHEREAS , Greeley named Carl Meyer , Louise Meyer, and the Conrad Meyer Trust , Carl Meyer and Ezra Meyer Co-Trustees , as Third-Party Respondents to that Petition pursuant to the provisions of the Greeley-Loveland Shareholders Agreement ; and WHEREAS, all parties now desire that the issues before the Court , IN THE MATTER OF Petitions for Annexation of GALLERY GREEN 2ND ANNEXATION and GALLERY GREEN EVANS ADDITION: • ' The City of Evans , Weld County, Colorado , Petitioner, and The City of Greeley, Weld County, Colorado , Respondent and Third-Party Petitioner, and Carl Meyer and Ezra Meyer , Co- Trustees of the Conrad Meyer Trust ; Carl Meyer and Louise Meyer, Third-Party Respondents , be resolved in an amicable manner through an Intergovernmental Agreement between Greeley and Evans , naming Carl Meyer , Louise Meyer, and the Conrad Meyer Trust as Third-Party beneficiaries of such Agreement ; and WHEREAS, the governing bodies of Greeley and Evans have considered the contents of such an Agreement and have set forth the parameters of such a document in the Stipulation continuing the trial date, attached hereto as Exhibit 'A' ; and WHEREAS , such an Agreement is authorized pursuant to the provisions of Sections 29-20-105 , C. R.S . 1973 , as amended, 29-1-203 , C. R.S . 1973 , as amended, and Article XIV, Section 18 of the Colorado Constitution; and WHEREAS, such an Agreement will promote better coordina- tion of growth and development between Greeley and Evans . NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS AND OBLIGATIONS EXPRESSED HEREIN, it is agreed by and between the City of Greeley and the City of Evans , as follows : 1. In order to effectuate orderly growth in both Greeley and Evans , both Cities agree to establish a line of demarcation for annexation purposes . For any land lying north • of such line, Evans shall not attempt annexation nor accept a petition for annexation until Greeley has either indicated that it has no interest in annexing the property, or has rejected a petition for annexation of the same. For land ly- ing south of such line, Greeley shall not attempt annexation nor accept a petition for annexation until Evans has either indicated it has no interest in annexing the property, or has rejected a petition for annexation of the same. Generally, the line of demarcation is described as the half section line proximate to the southern boundary of the Conrad Meyer Trust property, running east from that property to 17th Avenue (as extended) in Greeley , and west to 71st Avenue (as extended) in Greeley. The line is more precisely described as follows : A demarcation line located in Sec- tion 19 , T5N, R65 W of the 6th P .M. , Weld county, Colorado and n S c- tion 244, TSlb Ro 4w of the oth F .M. , more particularly described as follows : Beginning at the center quarter corner of Section 19 , T5N, R65 W of the 6th P.M. , thence west along the east/west centerline of said section which is also the south line of the Northwest Quarter (NW1/4) of said section to the west quarter corner of Section 19 ; thence continu- ing west on the east/west centerline of Section 24, T5N, R66W of the 6th P.M. to a point on the west section line of said section ; thence continuing west on the east/west centerline of Section 23, T5N, R66 W of the 6th P .M. to a point on the west section line of said section; thence continuing west on the east/ west centerline of Section 22, T5N, R66 W of the 6th P.M. to a point on the west section line of said section; thence' continuing'west on the east/. west centerline :_of Section 21; T5N, R66 W of the 6th P .M. to a point on the west section line of said section. The said point being the west quarter corner of said section. -3- I ( against the real property all ad valorem and other taxes such as special assessments , with such taxes or assessments to belong solely to Greeley . 12 . Nothing in this Agreement shall be con- strued as unlawfully limiting the legislative discretion of both municipalities or as unlawful delegation of their legis- lative authority. 13. All provisions of this Agreement are executory and dependent upon each other. 14. It is the intent of the parties to this Agreement that such be binding upon both Greeley and Evans and that Carl Meyer, Louise Meyer, and the Conrad Meyer Trust shall be Third-Party beneficiari of this Agreement. DATED THIS day of , 1981 . T E CITY OF EVANS Weld County, Colorado By 2� i t9 J Mayor , City of Evans B .'//mac✓ ,- Ci . Mana Evans ATTEST: \Cgte--n-e--City Clerk APPROVED S TO F RM: ity A orney -14 12- • • • THE. CITY OF GREELEY Weld County, Colorado By,,I4�' o "C 1 tyyoo -Greel y and By E:27— �7 City Manager, City of Greeley ATTEST: L City Cle k APPROVED AS TO FORM: i y A torney The undersigned accept, approve and agree to be bound by the fore- going agreement and are acting in reliance thereon. Carl Meye Seyerfrt �l��G CONRAD MEYER-TRUST By . ' er - rustee �tpg k°. Ez Meyer T stee - 15 - 13 4 EXHIBIT I' 4Y.♦ I p,.o wiu a _o! a • —'�Ypf tf:fidsie is . _, ° 0 M'� �9j��e► 4 a116 'V71. ec �r�nde> d¢'� ( ' ?p nap ap J'LJ aW mil tl p M.,,.o .„"^'— 17$11"1"8.11.•ai r 4\r%I titpp0G awl, 3s' ap • p r ,.' N I n no de COW ION UM �tv n*• rw a�an o i9t�'! f L-iYAYr� U7 rai 'p'{� ea�n i�t t 11 ' CI4+"Pij` p■I;r 7s us G 1u 1 . i 9 , ® DR p■ 71Y rl p' d\-Ir --4 `� ]�:9L .t I .9 — a 1 I �Y N. W i o ' 9 ✓ ►« A ° I r7; ! - I i A 1 o ,,,,,,°\-<_• o iC,it Yf: ,,,,,,,./.1., 4.4,7., f--- \.. .._� / Qsf ;lfli fl •,:. w.Ay. I c r40 y� 0 0 0 ° L'39° risp ll.Inli l WIliMIXIANEOWEN •I O. \ er 1e R ,1 / .. Qo�A nssniooama I a'0 IT 1 y _ ala rmrf.+nx au.teftlkmuFS'PPOPmzrvsm .>ooewmrm...w.nI IM 0 / ,�. 'GIr. \�`.woors...... .. f dill Q,��'�� ® ., ataMMMltlta a rgf .C4iT I - _w I f tw-. awatwartuads�+dk � '�I`✓ '��I 1 Meeting of Town of Evans and City of Greeley officials July 16, 2001 1. North and South Wiedeman parcels annexed to Evans. Greeley will not dispute. 2. Calvin annexation will not be disputed by Greeley. 3. Evans will drop its lawsuit on the Meyer Farm. 4. IGO Farm dispute — Calvin and McAllister will talk with Dan Wheeler to resolve Wheeler's IGO issues and Greeley will drop its lawsuit in this matter. 5. Proposed Joint City Council meetings of Greeley and Evans. 6. Any petitions submitted by Lundvahl and/or Stutgart for annexation to Evans will not be acted upon by Evans and Evans will notify Greeley if such petitions are received. 7. Agreement by both Greeley and Evans to discuss future IGA issues and coordinated planning agreement for future growth of both Greeley and Evans. EXHIBIT ti,>vqu -Pwaz,XX NOTICE OF SPECIAL MEETING OF THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO The Board of County Commissioners of Weld County, Colorado, will conduct a special meeting on July 17, 2001, at 10:15 a.m., for the purpose of considering a request by the City of Evans, Colorado, for the Board to approve and sign a Petition of Annexation of portions of 37th Street and 65th Avenue in Weld County,Colorado,and to consider any other items of business which may be added to the Agenda at such special meeting. Hello