HomeMy WebLinkAbout20012343.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
AUGUST 20, 2001
TAPE#2001-34
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, August 20, 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 Long moved to approve the minutes of the Board of County Commissioners
meeting of August 15, 2001, as printed. Commissioner Masden seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Masden moved to approve the Certification of Hearings
conducted on August 14, 2001, as follows: 1) Violation Hearings; and the Certification of Hearings
conducted on August 15, 2001: 1) Change of Zone#558, Percy Hamilton, do Intermill Land Surveying,
Inc., and 2) Substantial Change Hearing #19, Scott and Susan Busker/Busker Dairy, do AgPro
Environmental Services, LLC. Commissioner Long seconded the motion, which carried unanimously.
ADDITIONS TO AGENDA: The following was added under New Business: 6) Consider Quit Claim Deed
to City of Evans and authorize Chair to sign [2001-2344]
CONSENT AGENDA: Commissioner Vaad moved to approve the consent agenda as printed.
Commissioner Masden seconded the motion, and it carried unanimously.
PUBLIC INPUT: Artie Elmquist, previous member of the Weld County Agricultural Advisory Committee,
stated he recently spoke with Jerry Aldridge, Extension agent, who suggested a meeting with the Board
of Commissioners to review the report of the Committee. He stated the Committee worked for one year
compiling a report on how to enhance, maintain, and preserve farming operations in Weld County. Chair
Geile stated some of the members on the Comprehensive Plan Review Committee were also members
of the Agricultural Advisory Committee, and he is in favor of scheduling an evening meeting with the Chair,
Jim Anderson.
2001-2343
BC0016
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $801,086.82
Electronic Transfers -All Funds $2,243.80
Commissioner Masden moved to approve the warrants as presented by Mr.Warden. Commissioner Vaad
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES -AMERICAN TELECASTING OF
FORT COLLINS: Raelene Anderson, Assessor's Office, stated both the owner and lessee reported this
property resulting in a double assessment therefore, she recommends approval. Commissioner Vaad
moved to approve said petition. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER TWO PETITIONS FOR ABATEMENT OR REFUND OF TAXES - WELLS FARGO
EQUIPMENT FINANCE INCORPORATED: Ms. Anderson stated Schedule Number P1748900 is a
licensed concrete pump vehicle which should not be assessed, and Schedule Number P1571399 was a
double assessment and she recommends approval. In response to Commissioner Jerke, Ms. Anderson
stated this is different from Wells Fargo Bank. Commissioner Vaad moved to approve said petitions.
Commissioner Masden seconded the motion, which carried unanimously.
CONSIDER RESOLUTION ACCEPTING FEDERAL AVIATION ADMINISTRATION(FAA)IMPROVEMENT
GRANT: Mike Reisman, Greeley-Weld County Airport Manager, stated this Resolution will authorize the
acceptance of the latest grant funding which will be used to complete the taxiway project. He stated the
grant will be in the amount of$1,650,000.00,with a ten-percent match;five percent of which will be shared
by the City of Greeley and Weld County. Mr. Reisman stated the Airport Authority has approved this grant
and the City of Greeley will be accepting the grant at its upcoming business meeting. Commissioner Vaad
moved to approve said Resolution. Commissioner Jerke seconded the motion. In response to
Commissioner Masden, Mr. Reisman stated they have already awarded the project to a contractor and
construction should begin within 30 days. The motion carried unanimously.
CONSIDER AGREEMENT FOR PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO
WELD COUNTY ROAD 62-LIND LAND COMPANY: Frank Hempen,Jr., Director of Public Works,stated
under this agreement,the County will spend $10,828.00 which will cover the purchase of the right-of-way,
shorten an irrigation circle, reinstall an end gun, and reimburse the property owner for the loss of 4.77
acres of irrigated land from the shortened irrigation sprinkler. Commissioner Jerke moved to approve said
agreement and authorize the Chair to sign. Seconded by Commissioner Masden, the motion carried
unanimously.
CONSIDER AGREEMENT FOR PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO
WELD COUNTY ROAD 62-PAVISTMA PARTNERS: Mr. Hempen gave a brief description of the location
of the right-of-way to be purchased. He stated the total cost of$3,045.00 will cover the purchase of the
right-of-way,and new easements for Poudre Valley REA and Big Cut Lateral. Commissioner Jerke moved
to approve said agreement and authorize the Chair to sign. The motion, which was seconded by
Commissioner Masden, carried unanimously.
Minutes, August 20, 2001 2001-2343
Page 2 BC0016
CONSIDER QUIT CLAIM DEED TO CITY OF EVANS AND AUTHORIZE CHAIR TO SIGN: Bruce Barker,
County Attorney, stated this Quit Claim Deed will transfer Tract A of Carriage Estates Subdivision to the
City of Evans. He stated a Homeowners'Association was to be established by June 30, 2001; however,
there is not one in place, therefore, he recommends approval of this document. No public testimony was
offered concerning this matter. In response to Commissioner Vaad, Mr. Barker stated signing this
document does not compel the City of Evans to accept it, and it must be formally accepted to be
completed. Chair Geile commented it would be beneficial to have a document from the City of Evans
confirming the acceptance of this Deed. Commissioner Vaad moved to approve said Quit Claim Deed and
authorize the Chair to sign. Seconded by Commissioner Jerke, the motion carried unanimously.
PLANNING:
THIRD READING OF CODE ORDINANCE #2001-4, IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 22 COMPREHENSIVE PLAN; AND CHAPTER 26
MIXED USE DEVELOPMENT OF THE WELD COUNTY CODE: Commissioner Long moved to read Code
Ordinance #2001-4 by title only. Commissioner Vaad seconded the motion, which carried unanimously.
Chair Geile read said title for the record. Anne Best Johnson, Department of Planning Services, stated
14 parcels are represented in this amendment to the Mixed Use Development (MUD) area. She stated
the 14 parcels consist of 1,100 acres, which will be designated for residential, regional-commercial,
employment center, parks,a school site and neighborhood center development. Ms.Johnson gave a brief
description of the location of the area to be included in the Mixed Use Development Area, and stated no
additional correspondence has been received since the second reading.
Artie Elmquist, County resident, stated he represents the St. Vrain Concerned Citizens Group, which
monitors development in southern Weld County. Mr. Elmquist stated he was also a member of the Weld
County Agricultural Advisory Committee. He stated the property owners represented under this
amendment have come to the Board through necessity, not choice. He stated farming operations in
southwestern Weld County is in jeopardy, but the property owners are in economic need of this proposal.
Mr. Elmquist stated the proposed design will result in a high-quality development; however, there should
be a buffer between the existing municipalities and the future development. He stated the entities need
to be certain they are prepared to service this additional land in the MUD, which has already been
increased considerably. He further stated each addition results in the loss of agricultural land,and he feels
there are ways the farming operations could continue to operate and adapt to the changing environment
around them. Mr. Elmquist stated the private property rights and property values need to be protected,
and if they are not granted the right to develop, then they should be adequately compensated.
Virginia Shaw, County resident, indicated she did not receive adequate notice of the previous meetings,
and suggested the County agenda is not descriptive enough to notify residents of what is being proposed
under this amendment. Chair Geile commented the minutes of the previous meetings have been posted
on the Internet, he has no control over the coverage provided by the Longmont Times Call,and the notices
for this matter were published in the Tri-Town Farmer and Miner. Responding to Ms. Shaw, Ms. Johnson
stated referrals were sent to the surrounding municipalities and the Concern Citizens group. The Town
of Mead indicated it would like to work with the applicants for future annexation once development is
proposed. The Town of Firestone made a brief statement that the proposal does not comply with its
Comprehensive Plan. Ms. Johnson explained this is not a proposal for development; however, they are
proposing to be included in the MUD area under certain designations for future development. She stated
the Town of Mead indicated the area needs to be included in the MUD prior to its consideration for
annexation. Responding further to Ms. Shaw, Chair Geile reiterated that this is not a proposal for
development;however, if development is proposed in the future,the applicant will be required to designate
the Right to Farm on the plat. Ms. Shaw expressed concern with nonmaintained parcels, which are
covered in weeds. Chair Geile stated an application for development is approved with Conditions of
Approval and Development Standards to address those types of concerns. Ms. Shaw stated the County
Minutes, August 20, 2001 2001-2343
Page 3 BC0016
needs to consider the overall impact of adding more land to the MUD area. She stated there are currently
overlapping areas, and although it is unlikely that this area will be built out in this lifetime,there should still
be adequate planning. There being no further comments, Chair Geile closed public testimony.
Commissioner Vaad commented that during the first reading, the applicants indicated they do not intend
to develop for many years, but this proposal will preserve their rights as property owners at a future date
if necessary. He stated they have provided adequate evidence of a sufficient water supply from the Little
Thompson Water District, the impacts from additional traffic will be addressed by the Road Impact fees,
the site is serviced by the St. Vrain Sanitation District, law enforcement will be addressed following
development, and the property owners already pay taxes for the service provided by the Mountain View
Fire Protection District.
Commissioner Vaad stated he feels this is a valid proposal and he moved to approve Code Ordinance
#2001-4 on final reading. Commissioner Masden seconded the motion, and upon a call for the vote, the
motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. Code Ordinance#2001-4 was approved on final reading.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Acting Clerk to the Board.
There being no further business, this meeting was adjourned at 10:10 a.m.
BOARD OF OUNTY COMMISSIONERS
•�` WELD CO NTY, COLORADO
ATTEST: A24/"'a ; IEILa Zfr.4J
M. J. eile Chair
Weld County Clerk to th:�=.. "^!, _ 1♦� y /�
Glenn Vaad, em
BY:
Deputy Clerk to the Boa 1 �i l i lv ,
Willi . Jerke
vi E. L ng
Robert D. Masden
Minutes, August 20, 2001 2001-2343
Page 4 BC0016
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