HomeMy WebLinkAbout20090768.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MARCH 30, 2009
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, March 30, 2009, 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 William H. Garcia, Chair
Commissioner Douglas Rademacher, Pro-Tem
Commissioner Sean P. Conway
Commissioner Barbara Kirkmeyer
Commissioner David E. Long
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Elizabeth Strong
Controller, Barb Connolly
MINUTES: Commissioner Conway moved to approve the minutes of the Board of County Commissioners
meeting of March 25, 2009, as printed. Commissioner Long seconded the motion, and it carried
unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Rademacher moved to approve the Consent Agenda as printed.
Commissioner Kirkmeyer seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
BIDS:
PRESENT BID #B0900077, 2009 SEALCOAT - DEPARTMENT OF PUBLIC WORKS: Monica Mika,
Director of Administrative Services, stated the bid will be considered for approval on April 13, 2009.
NEW BUSINESS:
CONSIDER LIMITED AMENDMENT FOR TASK ORDER #4 FOR TUBERCULOSIS PROGRAM AND
AUTHORIZE CHAIR TO SIGN: Linda Henry, Department of Public Health and Environment, stated the
amendment is for an additional $2,500.00, for the Tuberculosis Program, with a term commencing
July 1, 2008, through June 30, 2009. She stated the additional funding brings the total amount of the Task
Order to $63,957.00. Commissioner Kirkmeyer moved to approve said amendment and authorize the
Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously.
2009-0768
BC0016
CONSIDER TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO CR 74 AND
AUTHORIZE CHAIR TO SIGN - STEPHEN AND JOANN CECIL: Leon Sievers, Department of Public
Works, stated this is the first of four parcels on the County Road 74 Project, and the County is acquiring
4.97 acres of temporary construction easement for $5,000.00, which is approximately $1,000.00 per acre
and an amount the County negotiated with the seller. Mr. Sievers stated the seller is a willing seller, and
the parcel is required to stockpile road base materials through the winter for a summer construction
project. Commissioner Long moved to approve said easement and authorize the Chair to sign. Seconded
by Commissioner Rademacher, the motion carried unanimously.
CONSIDER STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR
COMMUNITY CORRECTIONS FACILITY AND AUTHORIZE CHAIR TO SIGN - GROWLING BEAR CO
(INC): Pat Persichino, Director, Department of Public Works, stated this is the contract for the Community
Corrections facility, in the amount of $4,820,040.00. Mr. Persichino stated the construction will last for
approximately seven months and there will be a 30 -day waiting period while the Department of Planning
Services reviews the plans and issues a building permit. He stated the contract amount is below the
amount anticipated in the budget for the project, which was five million. In response to Commissioner
Kirkmeyer, Mr. Persichino stated there is not a contingency in the agreement; however, there is an
allowance. Further responding to Commissioner Kirkmeyer, Mr. Persichino stated the price is the
guaranteed maximum amount issued by the contractor; however, any Change Orders the County
generates will require additional funding. Commissioner Kirkmeyer moved to approve said standard form
of agreement and authorize the Chair to sign. Commissioner Long seconded the motion. Commissioner
Kirkmeyer stated the Department of Public Works did a great job responding to the snow conditions last
Thursday and Friday and she appreciates staffs dedication in working throughout Thursday night.
Commissioner Rademacher concurred with Commissioner Kirkmeyer's comments regarding the
Department of Public Works. Chair Garcia thanked Mr. Persichino for his leadership during the snowstorm
and for being present the entire time. Commissioner Conway stated the Department of Public Works
made it possible for the County offices to be open on Friday.
CONSIDER AGREEMENT FOR SERVICES UNDER FEDERAL GRANT FOR JUVENILE
ACCOUNTABILITY INCENTIVE BLOCK GRANT AND AUTHORIZE CHAIR TO SIGN: Mary Nagler,
Probation Department, stated the agreement is for the provision of specialized services through a Federal
grant, and the Probation Department is a sub -grant recipient of funds awarded to Weld County through
the Juvenile Accountability Incentive Block Grant. Ms. Nagler stated the money will be used to support
the Juvenile Female Offender Program (JFOP) by providing funds for specialized services. In response
to Chair Garcia, Ms. Nagler stated the target population is high -risk juvenile females who are not
benefitting from regular probation, and the goal of the Program is to reduce recidivism and hold juvenile
female offenders accountable through intensive supervision and increased access to gender -based
services. Ms. Nagler stated approximately 70-80 percent of the girls have histories of family violence,
sexual assaults, substance abuse, and/or offending behavior. She stated upon entering the Program each
girl is assessed and assigned an individualized probation plan which addresses their high -risk behaviors,
which may include substance abuse, mental health issues, family relationships, and school -related issues.
She further stated the Department has a specialized Probation Officer who has worked with this population
for approximately seven years and she provides more intense supervision to the girls. The officer works
in collaboration with the service provider, Hawk II Systems, which will provide weekly gender -specific group
counseling sessions for the girls to address various issues including personal safety, teen pregnancy,
relationships, decision -making, and career choices; and weekly group counseling sessions for their
parents, to provide parenting and behavior management information. Ms. Nagler stated the Program was
started seven years ago and there are currently 20 girls in the Program, and the Program hopes to serve
approximately 22-25 girls this year. She stated approximately 80 percent of the juvenile female offenders
violated probation in previous years; however, the percentage has been reduced to 20-30 percent, through
Minutes, March 30, 2009 2009-0768
Page 2 BC0016
this Program. In response to Chair Garcia, Ms. Nagler stated there are other offender -specific programs;
however, the unique part of this program is its gender -specific aspect, and this is the only program in the
County which targets juvenile females. Commissioner Conway moved to approve said agreement and
authorize the Chair to sign. Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER BALLOT RE: ADOPTION OF ARTICLES OF INCORPORATION AND BYLAWS FOR WELD
COUNTY UNDERGROUND WATER USERS ASSOCIATION AND AUTHORIZE CHAIR TO SIGN: Bruce
Barker, County Attorney, stated the documents are regarding a well the County received in 1989 with the
transfer of a property from Monfort. Mr. Barker stated the well is presently used for watering landscaping,
and the County became part of the Water User's Association; however, the Articles of Incorporation were
never adopted and; therefore, are being presented for approval today. He stated the by-laws were
previously approved and there are no changes to them; however, they need to be ratified. Commissioner
Conway moved to approve said ballot and authorize the Chair to sign. Seconded by Commissioner
Kirkmeyer, the motion carried unanimously.
CONSIDER MEMORANDUM OF UNDERSTANDING FOR ADDITIONAL COBRA SERVICES AND
AUTHORIZE CHAIR TO SIGN - GREAT -WEST HEALTHCARE (CIGNA): Ms. Mika stated
February 17, 2009, the American Recovery and Reinvestment Act went into effect, which changed the
County's notification responsibilities regarding the Consolidated Omnibus Budget Reconciliation Act
(COBRA). She explained any former employees who elected not to sign up for COBRA coverage since
September, 2008, will now have the opportunity to accept COBRA. In response to Commissioner
Kirkmeyer, Ms. Mika stated she does not have a cost estimate at this point since she is unsure of how
many individuals will choose to sign up for COBRA coverage, and the opportunity for these individuals to
sign up for COBRA is federally mandated. In response to Commissioner Conway, she stated it is
anticipated to be a minimal cost since it only goes back to September, 2008, and those individuals who
have gained other employment, or have any other opportunity to obtain insurance coverage, are not
eligible. Commissioner Long moved to approve said memorandum of understanding and authorize the
Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER DUST BLOWING COMPLAINT - LUIS NUNEZ AND ROGELIO NUNEZ: Mr. Barker requested
the matter be continued to Wednesday. He explained the property owner called to indicate he could not
make it to the Board meeting today due to white -out snow conditions, and another party had a medical
emergency. He stated all of the involved parties are in favor of continuing the matter to April 1, 2009.
Commissioner Rademacher moved to continue the matter to April 1, 2009. Commissioner Kirkmeyer
seconded the motion. Chair Garcia inquired if there were any individuals in attendance to testify regarding
the issue. There was no public testimony. There being no further discussion, the motion carried
unanimously.
PLANNING:
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL
FOR IMPROVEMENTS AND AUTHORIZE CHAIR TO SIGN - COPART, INC.: Jacqueline Hatch,
Department of Planning Services, stated the signed improvements agreement has been submitted
regarding collateral for improvements to Amended Use by Special Review (AmUSR) #1493, and the
agreement stipulates the recording of the plat is conditional upon the property owner's completion of
certain improvements. Ms. Hatch stated all of the improvements have been completed, except for the
on -site grading and fencing of a seven -acre area. She stated the property owner does not intend to use
the seven -acre area until economic conditions make it feasible to do so, and the owner acknowledges that
three months prior to the commencement of the on -site grading, collateral in the amount of $366,850.00
will be submitted. Commissioner Long moved to approve said agreement and authorize the Chair to sign.
Seconded by Commissioner Conway, the motion carried unanimously.
Minutes, March 30, 2009 2009-0768
Page 3 BC0016
CONSIDER PROBABLE CAUSE HEARING CONCERNING USE BY SPECIAL REVIEW PERMIT AND
AMENDED USE BY SPECIAL REVIEW PERMIT#1493-COPART, INC./STEPHAN BRANCUCCI (CON'T
FROM 11/17/08): Ms. Hatch stated AmUSR #1493 was applied for on September 13, 2006, for a
Commercial Junkyard and Salvage Yard in the 1-3 (Industrial) and A (Agricultural) Zone Districts; and on
November 17, 2008, a probable cause hearing was held to review the case for compliance with the
Development Standards and the Conditions of Approval, and said probable cause hearing was continued
to today to allow the applicant an adequate construction time frame, which factored in inclement weather
conditions. She stated on March 25, 2009, the Department of Public Works performed an inspection of
the site and determined it appears to be in compliance, and the Department of Planning Services has
reviewed all of the required documentation and recommends the probable cause hearing be cancelled.
Commissioner Long moved to dismiss said hearing. Commissioner Rademacher seconded the motion.
In response to Chair Garcia, Mr. Barker stated Chair Garcia may give an opportunity for the public to
provide input on the matter if he wishes do so; however, it is not necessary. Chair Garcia invited the
members of the public to provide feedback on the matter; however, none elected to do so. There being
no further discussion, the motion carried unanimously.
SECOND READING OF WELD COUNTY CODE ORDINANCE #2009-3, IN THE MATTER OF
REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 26 MIXED USE DEVELOPMENT,
OF THE WELD COUNTY CODE - PIONEER COMMUNITIES, INC., AND HP FARMS, LLC:
Commissioner Kirkmeyer moved to read Ordinance #2009-3 by title only. Seconded by Commissioner
Conway, the motion carried unanimously. Mr. Barker read said title into the record.
Michelle Martin, Department of Planning Services, stated the applicants have applied to amend the Weld
County Comprehensive Plan in order to modify the Southeast Weld Mixed Use Development (MUD) Area
Structural Plan, Map 2.1 Structural Land Use Map. Ms. Martin stated the areas in question are already
part of the MUD, which was approved by the Board in 2006. She stated, if approved, the amendment will
transfer 1,000 residential units from Section 2 to Sections 17 and 18. She stated the applicant has signed
an affidavit of agreement agreeing to all of the previous triggers and commitments, as determined by prior
applications and actions by the Board. Ms. Martin stated the Department of Public Works stated in a
referral, dated October 9, 2008, the drainage and traffic reports are conceptual at this phase of
development, and additional information will be required in the Planned Unit Development (PUD) process.
She clarified, if approved, the residential component from Section 2 will be relocated to Sections 17 and 18,
placing the residential area closer to 1-76 and allows for connectivity with existing and planned
infrastructure within the core areas of the MUD and the regional supporting areas of the Towns of Hudson
and Keenesburg. She stated the amendment will also designate the residential area in Section 2 as
agricultural, which is consistent with the existing surrounding land uses in the area. Ms. Martin stated, if
approved, the amendment will change the designation of 613 acres from residential to agricultural land,
and 295 acres from agricultural to residential land, which is an increase of 320 acres of agricultural
production, compared to the acres proposed for agriculture in the original plan. She stated the proposed
295 acres for residential use will yield approximately 1,000 units and 2,550 people, and the applicant is
committed to relocate an elementary school from Section 17 and a park from Section 18. She stated the
applicant has indicated the planned middle and high school facilities will be capable of handling the
additional students. Ms. Martin stated the areas are part of the original service area and will be serviced
by Resource Colorado Water and Sanitation Metropolitan District. She stated the Henrilynn Irrigation
District asked the applicant to exclude the property that is proposed for residential use and the applicant
wrote a response letter stating the use of the property will remain agricultural at this time and they would
like to defer the transfer of these rights until the planning and development process has commenced. She
stated the Public Service Company of Colorado/Xcel Energy reminded the applicant of the necessary
setbacks required for single family, multiple family, and commercial developments, and the applicant wrote
a response letter stating it will work with the utility companies through the PUD process regarding the
necessary easements. Ms. Martin stated the Department of Planning Services and the Planning
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Page 4 BC0016
Commission recommend approval of the Ordinance. In response to Commissioner Kirkmeyer, Ms. Martin
reiterated there will be no increase in the number of residential units. Commissioner Conway inquired if,
when originally approved, the agricultural land was designated in a particular location to provide open
space or a buffer area. Ms. Martin stated she will defer to the applicant to answer Commissioner Conway's
question. She stated the original MUD boundaries will not be modified from the original plan, and there
will be several different school districts and three different fire districts in the area.
Don Dunker, Department of Public Works, stated an addendum to the Pioneer traffic study was submitted
indicating the applicant will construct County Road 20 as a two-lane collector road between County
Roads 49 and 51, construct an intersection with full movement signalization and turn lanes at County
Roads 49 and 20, and construct six lanes on County Road 49 from County Road 20.5 to 1-76. Mr. Dunker
clarified the road construction will not occur until it is required by traffic warrants. He stated the Town of
Hudson has annexed County Road 49 from 1-76 to County Road 18, due to the treatment plant and jail
facilities. He stated a conceptual drainage report was submitted by the applicant; however, more detail
will be required with future applications. In response to Commissioner Kirkmeyer, Mr. Dunker clarified the
County will not perform the road construction; the applicant will. Commissioner Kirkmeyer inquired if the
Town of Hudson only annexed the roadway when it annexed County Road 49. Mr. Dunker stated in
addition to annexing the roadway, Hudson annexed a large portion of Section 25.
Jack Reutzel, Attorney for the applicant, in response to Chair Garcia's earlier question, stated initially the
assumption was made that all of the irrigated land would remain agricultural, and the agricultural land is
not related to any open space requirements. Mr. Reutzel stated the amendment does not change the
boundaries, the overall density of the MUD, the number of the schools, or any of the commitments made
by the applicant. He stated the applicant simply realized the residential area is better suited closer to the
1-76 corridor.
Chair Garcia stated one of the slides in Ms. Martin's presentation showed a USR for a hog farm and he
inquired where the facility is located. Ms. Martin stated the hog farm is outside of the MUD boundary.
Mr. Reutzel stated the development is adjacent to the hog farm. Chair Garcia inquired about the
compatibility of a hog farm with higher density areas. Mr. Reutzel stated the matter will have to be
addressed with the Department of Planning Services staff, and it has not been considered at this point;
however, the applicant will take care to plan around the facility to consider all adjacent land uses and to
provide sufficient buffer zones where necessary. In response to Commissioner Kirkmeyer, Ms. Martin
stated one of the criteria for amending the Comprehensive Plan is compatibility with surrounding land uses.
In response to Commissioner Rademacher, Ms. Kirkmeyer stated the prison will be located north of
Hudson. In response to Commissioner Kirkmeyer, Mr. Dunker stated the improvements to County
Road 49, from County Road 20.5 to 1-76, will be the responsibility of Pioneer Communities and referrals
have been sent to the Town of Hudson; however, there is no intergovernmental agreement in place.
Commissioner Kirkmeyer stated County Road 18 south to 1-76 is now within the Town of Hudson's
jurisdiction; however, the requirement is from a Weld County USR, from when it was within the County's
jurisdiction, and she inquired whether the requirement from the USR still applies. Mr. Barker stated the
County has included language in its USRs, indicating when annexations occur by municipalities the
requirements associated with the USR are to remain in place; however, the County will not be enforcing
the requirements; it will be up to the municipality to ensure it is enforced. Responding to Commissioner
Kirkmeyer, Mr. Dunker stated there has been no discussion between the Town of Hudson and the
Department regarding the road issue. Commissioner Rademacher stated it makes sense to have such
a discussion. Mr. Reutzel stated Pioneer has a meeting scheduled with Joe Racine, Hudson Town
Administrator, to determine the components for an intergovernmental agreement. He stated when the
Change of Zone was being considered, County Road 49 was identified as a roadway Pioneer is ultimately
Minutes, March 30, 2009 2009-0768
Page 5 BC0016
responsible for; however, as development occurs, it is anticipated there will be opportunities for revenue
sharing. Commissioner Kirkmeyer stated the USR states Pioneer is responsible for creating up to six
traffic lanes on County Road 49, regardless of if any other jurisdictions contribute to the road
improvements. Mr. Reutzel stated it is up to Pioneer to identify additional funding sources.
Brad Mueller, Department of Planning Services, stated he was involved with the rezoning and clarified the
responsibility for the road is tied to the zoning and will not be involved with any USRs, and it is stated in
the PUD zoning when various plats are brought in there are certain trigger points; when a certain number
of platted lots is reached, the improvements must be performed by the applicant. Commissioner Kirkmeyer
thanked Mr. Mueller for the clarification and reiterated Pioneer still has the responsibility to construct the
roadways. In response to Commissioner Conway, Mr. Reutzel stated he attended a work session with the
Hudson Town Council, and the concerns the Council expressed were for Pioneer to work with the school
districts regarding impact fees and for an intergovernmental agreement be created between Pioneer and
the Town of Hudson for anticipated upcoming joint projects.
Ms. Martin stated she has been investigating the hog farm discussed earlier and has learned the Special
Use Permit (SUP) was approved in 1967 for 450 hogs. In response to Commissioner Conway, Ms. Martin
stated she is unsure if the hog farm is still in operation; however, she does not recall seeing it on County
Road 49 when she was there. In response to Chair Garcia, Mr. Reutzel stated he does not recall any such
development; however, he is not concerned about accommodating a hog farm with 450 hogs; he was
concerned the number may have been in the thousands. In response to Commissioner Rademacher,
Mr. Barker stated a USR nearly always remains associated with a property, even if the USR is not utilized.
He stated the hog farm had not previously been noticed by himself or Mr. Reutzel and this is the first time
it has been brought to their attention. He stated when a property owner approaches the County to request
a USR, often an old USR or SUP for another use is discovered for the property and the property owner
requests that the original SUP or USR be vacated as a part of the new USR approval. Mr. Reutzel stated
there is a SUP for a kennel for greyhound dogs and inquired if this is the same SUP. Ms. Martin stated
she believes the hog farm and a kennel SUPs are different.
There was no public testimony.
Commissioner Rademacher moved to approve Ordinance #2009-3 on second reading. Seconded by
Commissioner Long, the motion carried unanimously.
SECOND READING OF WELD COUNTY CODE ORDINANCE #2009-4, IN THE MATTER OF
REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 26 MIXED USE DEVELOPMENT,
OF THE WELD COUNTY CODE - PROSPECT FARMS II HOLDINGS, LLC: Commissioner Kirkmeyer
moved to read Ordinance #2009-4 by title only. Seconded by Commissioner Rademacher, the motion
carried unanimously. Mr. Barker read said title into the record.
Ms. Martin stated the applicants have applied to amend the Weld County Comprehensive Plan for the
inclusion of additional acres into the Southeast Weld Mixed Use Development (MUD) Area Structural Plan,
Map 2.1 Structural Land Use Map, and the amendment includes part of the west half of Section 5,
Township 2 North, Range 64W, which is east of and adjacent to County Road 51 and north of and adjacent
to County Road 24, both of which are section lines. She stated the area being considered is adjacent to
the MUD on three sides, and this amendment is different from the amendment to Ordinance #2009-3
because it is requesting the inclusion of an additional 320 acres. Ms. Martin stated 67 percent, or 15,761
feet, of the parameter is adjacent to the existing MUD boundary; therefore, it meets and exceeds the
requirement of 1/6 continuity with the existing MUD area. She stated according to Phase 1 of the
Environmental Impact Study (EIS), which was provided by the applicant and dated September 18, 2007,
there is no evidence of recognized environmental conditions in connection with the property, with the
Minutes, March 30, 2009 2009-0768
Page 6 BC0016
exceptions of two existing gas wells and batteries. She stated an ecological assessment was also
conducted on the property by Wildlife Specialists, LLC, dated January 15, 2008, which states the property
does not have the habitable capacity for supporting the species listed, the species proposed for listing, or
candidates for listing under the ESA. Ms. Martin stated the A Class 1 Architectural Literature Review
conducted by SWCA Environmental Consultants and dated January 20, 2008, did not reveal any cultural
resources or inventories in the projected area. She stated the applicant has signed an Affidavit of
Agreement stating they agree to all of the previous triggers and commitments as determined by the zoning
and any prior applications and actions by the Board of County Commissioners. She stated the Department
of Public Works stated in a referral dated October 9, 2008, the drainage and traffic reports are conceptual
at this phase of development; therefore, additional information will be required at the planning and
development process. Ms. Martin stated if the amendment is approved, and a residential component along
with an area designated as a limiting sight factor, it will allow for a variety of connections to existing
residential areas, trails, parks, schools, transportation networks, and the sewer treatment facility plant. She
stated the proposed 317 acres for residential use may yield 445 units and 1,135 people. She stated the
applicant indicated in the proposed plan the existing elementary, middle, and high school facilities are
capable of handling the additional students. Ms. Martin stated open space has been designated across
the middle of the site, which includes a trail that connects to other developments in the area. She stated
the site can be provided with sanitation and water from Resource Colorado Water and Sanitation
Metropolitan District, as stated in a letter dated January 22, 2008. She stated the Town of Hudson
indicated concerns regarding the off -site impacts in relation to schools and public utilities, in a referral
dated October 13, 2008; however, the applicant has spoken to the Town Administrator regarding the
referral in January, 2009. She stated Public Service/Excel reminded the applicant of the necessary
setbacks for single family developments, multi -family developments, and commercial developments, in a
referral dated October 6, 2008; and the applicant wrote a letter, dated October 21, 2008, stating they will
work with the utility company through the PUD process to obtain the necessary easements.
Mr. Dunker stated the addendum to the Traffic Study indicated an average of an additional 4,259 weekday
traffic trips will be generated by the additional parcel, and the study recommends extending the transition
of the four -lane arterial roadway to the two-lane collector roadway. He stated the study also recommends
revising the geometry of the site access intersections at County Roads 123 and 124, on County Road 53.
He reiterated the drainage and traffic reports are preliminary at this point and more detail will be required
as the applicant advances through the processes.
Mr. Reutzel reiterated this Ordinance is different from the first one because instead of moving land use
designations within the MUD boundaries, this Ordinance is expanding the MUD boundaries. He stated
over the last year staff has worked with the applicant to develop a process to amend the Southeast MUD.
He stated the corridor continues to grow and Pioneer anticipates further annexations by the Towns of
Keenesburg and Hudson. He stated contiguity was determined to be an essential element for amending
the MUD, and the request meets and exceeds the contiguity requirement. Mr. Reutzel stated the primary
reason for the request is due to sewer lines being able to be laid in the floodplain in a much more cost
effective way. He stated before the new piece of property was available for sale, the sewer line
construction was physically possible; however, there would have been a lot of twists and turns and this is
a much more economical path. He stated the analysis demonstrates an additional population and the
proposed schools will be sufficient to handle the additional students. In response to Commissioner
Conway, Mr. Reutzel stated the referral letter requested a commitment to capital the fee foundation in
discussions, and the applicant has made the commitment. In response to Commissioner Kirkmeyer,
Mr. Reutzel clarified he responded to the School District who submitted the referral via letter.
There was no public testimony.
Minutes, March 30, 2009 2009-0768
Page 7 BC0016
Ms. Martin stated the greyhound facility Mr. Reutzel mentioned earlier was approved in 1986 for 150
greyhounds, and she does not know if it still exists. In response to Commissioner Conway, Ms. Martin
stated staff has a copy of the letter submitted to the School District regarding the capital fee discussion.
Commissioner Long moved to approve Ordinance #2009-4 on second reading. Seconded by
Commissioner Rademacher, the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Ordinances #2009-3 and #2009-4 were approved on second 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.
ATTEST:
CLAW
Weld County Clerk to the Board
1'U
Clerk t the
Board
BOARD OF COUNTY COMMISSIONERS
WELD Ot%12, COLORADO
illiam F. Garcia, Chair
JO �r�a (k'..�' r�. eW.v
Dougla(Rademacl er, Pro-Tem
Se n P. Conway
i
arbara Kirkmeyer
David E. Long
Minutes, March 30, 2009 2009-0768
Page 8 BC0016
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