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Home My WebLink About20231605.tiffCheryl Hoffman From: Sent: To: Cc: Subject: Will do — Thanks! Esther Gesick Tuesday, August 29, 2023 2:11 PM Bruce Barker Cheryl Hoffman; Chloe White; Karin McDougal RE: Denied Emergency Ordinance #2023-08 Esther E. Gesick Clerk to the Board 1150 O Street/P.O. Box 758/Greeley, CO 80632 tel: (970) 400-4226 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Bruce Barker <bbarker@weld.gov> Sent: Tuesday, August 29, 2023 1:13 PM To: Esther Gesick <egesick@weld.gov> Cc: Cheryl Hoffman <choffman@weld.gov>; Chloe White <cwhite@weld.gov>; Karin McDougal <kmcdougal@weld.gov> Subject: RE: Denied Emergency Ordinance #2023-08 Like in that Ordinance 147 or 149 that you sent me, we have them sign but have (NAY) next to their signatures. Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 1150 "O" Street Greeley, CO 80632 (970) 400-4390 Fax: (970) 352-0242 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 1 aocp2S_ //,&C From: Esther Gesick <egesick@weld.gov> Sent: Tuesday, August 29, 2023 12:57 PM To: Bruce Barker <bbarker@weld.gov> Cc: Cheryl Hoffman <choffman@weld.gov>; Chloe White <cwhite@weld.gov> Subject: RE: Denied Emergency Ordinance #2023-08 Hi Bruce, So, since as the highlight indicates they all voted `NAY', do we need to reflect that in the signature block and have it signed, or is the idea that it gets scanned as is and only the minutes reflect the action taken? Esther E. Gesick Clerk to the Board 1150 O Street P.O. Box 758/ Greeley, CO 80632 tel: (970) 400-4226 -,' .�. `->18 1 cc - Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Bruce Barker <bbarker@weld.gov> Sent: Tuesday, August 29, 2023 11:42 AM To: Esther Gesick <egesick@weld.gov> Cc: Cheryl Hoffman <choffman@weld.gov>; Chloe White <cwhite@weld.gov> Subject: RE: Denied Emergency Ordinance #2023-08 See attached. Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 1150 "O" Street Greeley, CO 80632 (970) 400-4390 Fax: (970) 352-0242 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 2 From: Esther Gesick <egesick@weld.gov> Sent: Tuesday, June 27, 2023 2:07 PM To: Bruce Barker <bbarker@weld.gov> Cc: Cheryl Hoffman <choffman@weld.gov>; Esther Gesick <egesick@weld.gov>; Chloe White <cwhite@weld.gov> Subject: RE: Denied Emergency Ordinance #2023-08 Hi Bruce, Just circling back to this question of how to wrap up the Denied Ordinance, per my earlier email question below. Thoughts? Esther E. Gesick Clerk to the Board 1150 O Street/ P.O. Box 758/ Greeley, CO 80632 tel: (970) 400-4226 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Bruce Barker <bbarker@weld.gov> Sent: Wednesday, June 14, 2023 3:42 PM To: Esther Gesick <egesick@weld.gov> Cc: Cheryl Hoffman <choffman@weld.gov> Subject: RE: Denied Emergency Ordinance #2023-08 I will work on this tomorrow. Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 1150 "0" Street Greeley, CO 80632 (970) 400-4390 Fax: (970) 352-0242 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 3 From: Esther Gesick <egesick@weld.gov> Sent: Tuesday, June 13, 2023 5:58 PM To: Bruce Barker <bbarker@weld.gov> Cc: Esther Gesick <egesick@weld.gov>; Cheryl Hoffman <choffman@weld.gov> Subject: Denied Emergency Ordinance #2023-08 Hi Bruce, I wasn't here for this, but I have the proofing packet and I had to dig deep to find a sample. Since the Board took action to deny Emergency Ordinance #2023-08, I'm thinking we still need to have them sign to reflect the vote. However, this sample is a little interesting to me because it isn't an 'Action of the Board' and the only indication of denial is the Roll Call and notation at the Final Reading date, plus it was recorded! I'm curious for your thoughts on this idea, with perhaps an added tweak to the title or an extra BIFR to explain the denial, or something to make the action a bit more obvious. Please advise. Esther E. Gesick Clerk to the Board 1150 O Street/ P.O. Box 758/ Greeley, CO 80632 tel: (970) 400-4226 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 4 ORDINANCE NO. 147-C AR247400 3 IN THE MATTER OF THE REPEAL AND RE-ENACTMENT, WITH AMENDMENTS TO CERTAIN MAPS TO ORDINANCE NO. 147, WELD COUNTY COMPREHENSIVE PLAN ORDINANCE, AS CURRENTLY AMENDED BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO: WHEREAS, the Board of County Commissioners of the County of Weld, State of 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 of County Commissioners has the power and authority under the Weld County Home Rule Charter and Article 28 of Title 30, CRS, to adopt planning goals and policies for the unincorporated areas of the County of Weld, and WHEREAS, the Board of County Commissioners of Weld County, Colorado, has previously adopted Ordinance No. 147, Weld County Comprehensive Plan, establishing a comprehensive revision of the planning goals and policies for the unincorporated areas of the County of Weld and nas adopted amendments in Ordinance No. 147-B, and WHEREAS, the proposed Comprehensive Plan revision has been reviewed by the Weld County Planning Commission and the Board of County Commissioners, and WHEREAS, the Board of County Commissioners of Weld County hereby finds and determines that there is a need for a revision of the Comprehensive Plan for the County of Weld, and that this Ordinance is for the benefit of the health, safety, and welfare of the people of Weld County. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld, State of Colorado, that the existing Urban Growth Boundary map of the Weld County Comprehensive Plan be repealed and re-enacted to show the reduced size of the Urban Growth Boundary areas and is incorporated by this reference. 2474068 B-1529 P-581 01/31/96 11:36A PG 1 OF 3 REC DOC Weld County CO Clerk & Recorder 0.00 931375 ORD147 RE ORDINANCE NO 147-C PAGE 2 BE IT FURTHER ORDAINED by the Board, that certain existing Sections of Ordinance 147, as amended, are repealed and re-enacted, with amendments, and the various sections are added, revised, or deleted to read as follows Amend the second paragraph of the URBAN GROWTH BOUNDARIES Section of the Comprehensive Plan on Page 30 to read An Urban Growth Boundary area is located in close proximity to a municipality Within urban -growth boundaries, municipal -type uses and services are planned, and annexation may occur Urban Growth Boundary areas are shown on the County's adopted Urban Growth Boundary map The size of urban growth boundanes has been set at one-half mile from an area which a municipality is providing required utilities such as public water and public sewer Annexations which extend beyond the municipality's ability to provide these utilities shall not be considered in the urban growth boundary area Goals and policies within the urban growth boundanes are intended to address the development of land on the border of a municipality They are also intended to promote harmonious and mutually beneficial uses of land among the vanous junsdictions in and around Weld County Delete the third paragraph of the URBAN GROWTH BOUNDARIES Section of the Comprehensive Plan on Pages 30 and 31 BE IT FURTHER ORDAINED by the Board that this Ordinance No 147-C, insofar as it is the same as Ordinance No 147, as amended, is intended to be a continuation of the poor ordinance and not a new enactment BE IT FURTHER ORDAINED by the Board that all land use applications received by Weld County after the date of the first reading of Ordinance No 147-C (November 17, 1993) shall be reviewed and considered by Weld County in accordance with the newly re-enacted map as ordained herein and text as adopted in this Ordinance No 147-C BE IT FURTHER ORDAINED by the Board, if any section, subsection, paragraph, sentence clause, or phrase of this ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that anyone or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid 2474068 B-1529 P-581 01/31/96 11 36A PG 2 OF 3 .31375 ORD147 RE ORDINANCE NO 147-C PAGE 3 The above and foregoing Ordinance Number 147-C was, on motion duly made and seconded, adopted by the following vote on the 22nd day of January, A D , 1996 APPROV,BD AS TO FORM 2 LrD untyAtfine BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO l,ltu. to-- c 1 L�/ ' ' t L -'(NAY) Barbar�J Kirkmeyer, itr I' e 6 / /•(NAY) Baxter, pro-, gm (NAY) Date K Hall ,>/-hz. _,Ii— (NAY) Const ce L ,(((Harbert i �/Jve ,;J��/ 1, (NAY) -W- Id Webster First Reading November 17, 1993 Publication November 25, 1993, in the Windsor Beacon Second Reading December 6, 1993 (Tabled for revision of Comprehensive Plan) Second Reading December 27, 1995 Publication January 11, 1996, in the North Weld Herald Final Reading January 22, 1996 (Denied) 2474068 B-1529 P-581 01/31/96 11 36A PG 3 OF 3 931375 ORD147 WELD COUNTY EMERGENCY CODE ORDINANCE 2023-[ORD #1 IN THE MATTER OF AMENDING CHAPTER 21, AREAS AND ACTIVITIES OF STATE INTEREST, OF THE WELD COUNTY CODE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO: WHEREAS, the Board of County Commissioners of the County of Weld, State of 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 of County Commissioners, on December 28, 2000, adopted Weld County Code Ordinance 2000-1. enacting a comprehensive Code for the County of Weld, including the codification of all previously adopted ordinances of a general and permanent nature enacted on or before said date of adoption, and WHEREAS, the Weld County Code is in need of emergency revision and clarification with regard to procedures, terms, and requirements therein, inasmuch as the Board of County Commissioners has determined to study and consider possible amendments to Article VII of Chapter 21 to address concerns expressed by various Weld County citizens regarding the incompatibility of 1041 SEF's with Weld County's agricultural communities; therefore, this Ordinance is declared to be an Emergency Ordinance under the provisions of Section 3-14 of the Weld County Home Rule Charter. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld, State of Colorado, that Sec. 21-7-50 be, and hereby is, added to Chapter 21 of the Weld County Code, to read as follows. CHAPTER 21 AREAS AND ACTIVITIES OF STATE INTEREST Add Sec. 21-7-50. Moratorium on the consideration and approval of applications for 1041 SEF's to and until December 1, 2023. Due to concerns expressed by various Weld County citizens regarding the incompatibility of 1041 SEF's with Weld County's agricultural communities, the Board of County Commissioners will forthwith study the issue and consider possible amendments to this Article VII of Chapter 21 to address such concerns. Pursuant to C.R.S. § 24-65.1-404(4), and pursuant to Sec. 21-1-290 of this Code, the Board of County Commissioners hereby orders a moratorium on the consideration and approval of applications for 1041 SEF's to and until December 1, 2023, or upon the date of approval of First Reading of a Code Ordinance to amend Article VII of Chapter 21 to address such concerns to the satisfaction of the Board of County Commissioners, if sooner than December.1, 2023. PAGE 1 2023-' ORD2023-[ORD #3 BE IT FURTHER ORDAINED by the Board that an emergency exists, inasmuch as the Board of County Commissioners has determined to study and consider possible amendments to Article VII of Chapter 21 to address concerns expressed by various Weld County citizens regarding the incompatibility of 1041 SEF's with Weld County's agricultural communities, therefore, this Ordinance is declared to be an Emergency Ordinance under the provisions of Section 3-14 of the Weld County Home Rule Charter BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is, directed to arrange for Municode to supplement the Weld County Code with the amendments contained herein, to coincide with chapters, articles, divisions, sections, and subsections as they currently exist within said Code, and to resolve any inconsistencies regarding capitalization, grammar, and numbering or placement of chapters, articles, divisions, sections, and subsections in said Code BE IT FURTHER ORDAINED by the Board, if any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid The above and foregoing Emergency Ordinance Number 2023-[ORD #] was, on motion duly made and seconded, adopted by the following vote on the 7th day of June, A D , 2023 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST Mike Freeman, Chair Weld County Clerk to the Board Steve Moreno, Pro-Tem BY Deputy Clerk to the Board Scott K James APPROVED AS TO FORM Barbara Kirkmeyer County Attorney Date of signature Kevin D Ross Read and Approved *, 2023 Published *, 2023, in the Greeley Tribune Effective *, 2023 PAGE 2 2023-* ORD2023-[ORD #] Cheryl Hoffman From: Sent: To: Subject: Attachments: Holder, Andrew P <Andrew.P.Holder@xcelenergy.com> Tuesday, June 6, 2023 10:47 PM CTB Public Comment: Board of County Commissioners Agenda June 7, 2023 Public Comment WC BOCC RE Emergency Ordinance _Xcel Energy.pdf Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. See attached comment regarding Emergency Code Ordinance #2023-08 Please let me know if you have any questions. Andrew Holder Xcel Energy I Area Manager- Northern Colorado Community Relations & Local Government Affairs 1500 6th Ave Greeley, CO 80631 P: 720.369.0204 1 E: andrew.p.holder©xcelenergy.com 1 Xcel Energy® RESPONSIBLE BY NATURE"' 1800Larimer Denver, CO 80202-1414 Public Comment RE: Emergency Code Ordinance #2023-08 In the Matter of Amending Chapter 21, Areas and Activities of State Interest, of the Weld County Code (Moratorium of 1041 SEF's) [2023-1604] Legals [2023-1605] As a regulated public utility, Xcel Energy must develop its plan for a portfolio of energy generation resources through the Colorado Public Utility Commission (PUC). The PUC must approve Xcel Energy's electric resource plan before Xcel Energy is able provide reliable information to local governments on utility scale projects. This process is creating an overwhelming amount of speculative development activity which impacts Counties and puts a strain on County resources. Xcel Energy is dedicated to keeping communities informed of our status with the PUC, and to be a willing and engaged partner to address County concerns stemming from this process to the extent possible. Hello