HomeMy WebLinkAbout20092679.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
OCTOBER 12, 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, October 12, 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 F. 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
Director of Administrative Services, Monica Mika
MINUTES: Commissioner Rademacher moved to approve the minutes of the Board of County
Commissioners meeting of October 7, 2009, as printed. Commissioner Conway seconded the motion,
and it carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Conway moved to approve the Certification of
Hearings conducted on October 7, 2009, as follows: 1) USR #1691 — Marcos Sanchez .
Commissioner Rademacher seconded the motion, which carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: There was no public testimony.
CONSENT AGENDA: Commissioner Rademacher moved to approve the Consent Agenda as printed.
Commissioner Long seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
OLD BUSINESS:
CONSIDER TEMPORARY CLOSURE OF CR 19 BETWEEN CRS 20 AND 22 (CON'T FROM 10/7/09):
Janet Carter, Department of Public Works, stated she discussed this matter with the County
construction crews, and she was informed the culverts are badly deteriorated. Ms. Carter stated she
also inquired as to whether the closure could be delayed due to the harvesting season; however, she
was informed that the proposed closure schedule was selected in order to ensure the project is
completed prior to the beginning of next year, at which time an overlay project is planned to commence.
She stated she also inquired as to whether the construction can be completed in a shorter period of
Minutes, October 12, 2009
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time than 10 days and it is possible if overtime hours are authorized; however, Pat Persichino, Director,
Department of Public Works, indicated expediting the construction does not justify the additional cost
for this project. She stated the closure will commence October 12, 2009, through October 26, 2009, as
previously scheduled, unless the Board objects. Commissioner Rademacher moved to approve said
temporary closure. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
NEW BUSINESS:
CONSIDER APPLICATION FOR COLORADO HERITAGE PLANNING GRANT PROGRAM AND
AUTHORIZE CHAIR TO SIGN: Dr. Mark Wallace, M.D., Director, Department of Public Health and
Environment, stated the application was discussed at a recent work session and there was some
uncertainty as to whether the funding would be available; however, the County has been notified the
Program will continue. Dr. Wallace stated the statutory purpose of the Colorado Heritage Planning
Grant Program is to provide financial assistance to local governments in anticipating and addressing
the unique public impacts caused by growth. He stated the amount requested from the Department of
Local Affairs (DOLA) is $24,000.00 and the matching funds will be provided by Larimer, Weld, and
Boulder Counties. He clarified Weld County will provide $8,000.00 from the LiveWell funding, as its
match contribution. Dr. Wallace stated the Counties will work together to conduct a regional food
system assessment. He stated one of the recognized issues is that urbanites far outnumber the rural
population in the three Counties, and if the urban population feels disconnected from agricultural
production, agricultural needs may go unanswered. He further stated if agricultural production and food
supply are clearly linked in the public's mind, the value of supporting rural land elevates in importance.
Dr. Wallace stated there are large populations seeking locally produced products, and performing a
regional food system assessment is the first step in understanding the interrelationships within the
regional food system, and it may then be strengthened through enhanced coordination. He stated the
Project Director will be Linda Hoffman, Director of the Larimer County Rural Land Use Center, and
Weld County is particularly interested in understanding the steps which can be taken in order to bring
more local products to market and what steps will be taken during an emergency in order to ensure
people have access to food on an ongoing basis. He further stated the food production, processing,
distribution, and marketing components which contribute to the economic viability of the region will be
examined. Commissioner Kirkmeyer moved to approve said application and authorize the Chair to
sign. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER SCOPE OF WORK FOR WOMEN'S WELLNESS CONNECTION INFRASTRUCTURE
BUILDING GRANTS PROGRAM AND AUTHORIZE CHAIR TO SIGN: Dr. Wallace stated the
Women's Wellness Connection Program has been discussed with the Board previously and the base
funding has been approved; however, the Scope of Work will allow a purchase order to be issued in
order to fund a half-time Community Outreach Specialist, who will provide case management, outreach,
and enrollment services for women 40 years of age or older who qualify for breast and cervical cancer
screenings. He stated the position was originally slated to be cut from the Program; however, the
Program will be difficult to continue without the position and the State has subsequently agreed to fund
the position. He further stated the funding will be in the amount of $24,995.28, for a term commencing
upon the issuance of the purchase order, through June 28, 2010. Commissioner Conway moved to
approve said Scope of Work and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer,
the motion carried unanimously.
CONSIDER RENEWAL APPLICATION FOR 3.2 PERCENT BEER RETAIL LICENSE AND
AUTHORIZE CHAIR TO SIGN - MARY JENSEN, DBA HIGHLANDLAKE, INC.: Bruce Barker, County
Attorney, stated the establishment has been licensed for decades, there have not been any problems
with the establishment, and the Sheriff's Office has no concerns regarding the establishment; therefore,
he recommends approval. Commissioner Rademacher moved to approve said application and
authorize the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously.
Minutes, October 12, 2009 2009-2679
Page 2 BC0016
CONSIDER TEMPORARY CLOSURE OF CR 36 BETWEEN CRS 23 AND 25: Ms. Carter stated the
closure will commence October 14, 2009, through October 23, 2009, in order to replace a bridge deck.
She stated magnesium chloride will be utilized for dust control on the gravel portions of the detour
route, and the average daily traffic count for County Road 36 is 229 vehicles, according to a traffic
count conducted in the year 2007. She further stated road signs and barricades will be utilized to
advise drivers of the closure. Commissioner Long moved to approve said temporary closure.
Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 29 BETWEEN CR 84 AND SH 14: Ms. Carter stated the
closure will commence October 19, 2009, through October 27, 2009, in order to replace a 25 -inch
corrugated metal culvert pipe with a new 18 -inch corrugated metal pipe. She stated magnesium
chloride will be utilized for dust control on the gravel portion of the detour route, and the average daily
traffic count for County Road 29 is 209, based on a traffic count conducted in the year 2006. Chair
Garcia inquired as to why the replacement pipe will be of a smaller diameter than the existing pipe.
Ms. Carter stated 25 inches is in an unusual diameter for this type of pipe; therefore, the individual who
purchased it may have done so because a discount was offered, the 25 -inch pipe may have been
excess material from another project, or the drainage flow may have changed in the area. She stated
typically replacement pipes are larger than the existing pipes because there is more drainage in the
area; however, in this instance, she assumes the drainage has decreased. Commissioner
Rademacher moved to approve said temporary closure. Seconded by Commissioner Kirkmeyer, the
motion carried unanimously.
CONSIDER AMENDMENT TO SMALL TRACT OIL AND GAS LEASE AND AUTHORIZE CHAIR TO
SIGN - MERIT ENERGY COMPANY: Mr. Barker stated this is a request to amend an existing small
tract oil and gas lease to extend the term of the lease for three more years. He stated there is a policy
in the Weld County Code which limits extensions of six months for tracts of land greater than five acres
in size; however, this tract is less than five acres; it is approximately .3 acres in size. Commissioner
Conway moved to approve said amendment and authorize the Chair to sign. Seconded by
Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER SMALL TRACT AGREEMENT FOR OIL AND GAS LEASE AND AUTHORIZE CHAIR TO
SIGN - GREAT WESTERN OIL AND GAS COMPANY, LLC: Mr. Barker stated this is a small tract oil
and gas lease; therefore, it is not subject to the bid process. He stated the property is less than
.2 acres in size, and the payment for the lease has been provided; therefore, approval is
recommended. Commissioner Rademacher moved to approve said agreement and authorize Chair to
sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER REQUEST FOR STAY OF DEADLINE FOR SUBMITTAL OF APPLICATIONS FOR
QUINQUENNIAL FINDINGS OF REASONABLE DILIGENCE AND STIPULATION FOR BEEBE DRAW
FARMS METROPOLITAN DISTRICTS NOS. 1 AND 2: Mr. Barker stated a letter has been provided,
which is dated October, 7, 2009, and has been signed by Paul Cockrel, Attorney for Metropolitan
District No. 1; Maryann McGeady, Attorney for Metropolitan District No. 2; and Dick Lyons, Attorney for
Jeff Hare. He stated extensive discussions have occurred regarding several proposed amendments
which will be presented to the Board in March, 2010, according to the stipulation. He stated the
proposed amendments are regarding the creation of an authority to promote unity between the two
Metropolitan Districts, and it will possess some decision making ability. He further stated, if approved
by the Board, the proposed amendments will be considered by the voters in the Beebe Draw Farms
Metropolitan Districts in May, 2010. He stated there is a hearing for quinquennial review set for
November 18, 2009; however, the stipulation will stay the proceeding of the quinquennial review, and
the stipulation specifies there will be no objection to the timing of the quinquennial review permitted as
a result of the process continuing into the year 2010. Mr. Barker stated in consideration of the time
Ms. McGeady will be required to invest into the matter, it is best to move forward with the service plan
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amendments at this point, rather than the quinquennial review. He stated if the Board does not
approve the service plan amendments, the quinquennial review process may be resumed.
Ms. McGeady stated she has been working on a restructuring plan with the Executive Committee,
which consists of two members from District No. 1 and two members from District No. 2. She stated
she has also worked closely with Mr. Barker, Mr. Lyons, and Mr. Hare regarding the matter. She
further stated three Board meetings and four community meetings have been held regarding the matter;
therefore, a lot of input has been received from the community, residents, and the developer.
Ms. McGeady stated the schedule of deadlines in the stipulation regarding the restructuring plan and
amended service plan will allow for the matter to be considered in the May, 2010, election.
Mr. Lyons stated the last time he addressed the Board, it was regarding the inclusion, or exclusion, of a
large piece of property in relation to the Metropolitan Districts and the outcome of the matter is still
pending in District Court. He stated his clients are in favor of the stay of deadline for the submittal of
applications for the quinquennial review and the proposed stipulation, and his clients are pleased
regarding the amount of effort the Districts and the developer have put forth since the last time the
matter was considered by the Board. He stated Ms. McGeady has done a wonderful job of preparing
the proposal, and his clients believe the proposal will protect both the interests of the developer and the
existing residents. Mr. Lyons stated his clients will provide comments throughout the hearing process,
and he will be evaluating the financial assumptions and the feasibility of the plan; however, he is
pleased with the steps which have been taken thus far.
Commissioner Kirkmeyer stated in the letter provided by the attorneys, on Page 2, under Item #3, there
is no number typed after the words District No., and she inquired as to whether it is intended to state
District No. 2. Ms. McGeady confirmed the item needs to state District No. 2, and she agreed to correct
the error.
In response to Commissioner Kirkmeyer, Mr. Barker confirmed the Board will review and make
determinations regarding the financial portions of the amended service plan.
Chair Garcia thanked all of the attorneys for working on the matter. Commissioner Rademacher
concurred with Chair Garcia and moved to approve said request for stay of deadline for the submittal of
applications for the quinquennial review and said stipulation. Seconded by Commissioner Conway, the
motion carried unanimously.
CONSIDER CORRECTIVE QUIT CLAIM DEED AND AUTHORIZE CHAIR TO SIGN - COMMUNITY
DEVELOPMENT INSTITUTE HEAD START: Mr. Barker stated the Board approved this quit claim
deed approximately one year ago; however, the deed referred to the wrong drainage easement. He
stated the correct drainage easement has been identified; it was recorded in Mesa County, and the
corrective deed reflects the correct drainage easement. Commissioner Conway moved to approve said
Corrective Quit Claim Deed and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer,
the motion carried unanimously.
CONSIDER ASSIGNMENT OF TAX SALE CERTIFICATE TO TOWN OF EATON, COLORADO:
Mr. Barker stated this property is part of the sugar plant in the Town of Eaton, and the Town is
interested in performing some redevelopment work at the plant; therefore, the Town has paid the full
amount of the tax lien certificate plus interest. He stated he does not know the exact amount; however,
it is approximately $5,200.00. He stated the Board will assign the certificate and then the deed will be
issued by the Treasurer. In response to Commissioner Kirkmeyer, Mr. Barker stated he will determine
the exact amount paid by the Town of Eaton and include it in the Resolution. Commissioner Kirkmeyer
moved to approve said assignment of tax sale certificate to the Town of Eaton. Seconded by
Commissioner Conway, the motion carried unanimously.
Minutes, October 12, 2009 2009-2679
Page 4 BC0016
CONSIDER APPOINTMENTS TO BOARD OF ADJUSTMENT: Commissioner Rademacher moved to
reappoint Jerry Neff and Bryant Gimlin to their current positions, to reassign William Hansen as an
at -large regular member, and to appoint Jim Cosner as an associate member to the Board of
Adjustment. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER APPOINTMENT TO WORKFORCE DEVELOPMENT BOARD: Commissioner Conway
moved to appoint Julianne Haefeli to the Workforce Development Board. Seconded by Commissioner
Kirkmeyer, the motion carried unanimously.
FINAL READING OF WELD COUNTY CODE ORDINANCE #2009-9, IN THE MATTER OF
REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 2 ADMINISTRATION, OF THE
WELD COUNTY CODE: Commissioner Kirkmeyer moved to read Ordinance #2009-9 by title only.
Seconded by Commissioner Long, the motion carried unanimously. Mr. Barker read the Ordinance into
the record by title. He stated this Ordinance is regarding the conduct of meetings and the Continuity of
Government plan, and changes proposed in previous readings have been incorporated; however, there
are no changes proposed for the final reading. He stated the Board still needs to work out the details
regarding how the Continuity of Government plan will be triggered; however, those procedures will be
specified in a resolution. Mr. Barker clarified the Ordinance sets up the framework for the Continuity of
Government plan. Chair Garcia stated the Ordinance reads as though anytime three Board members
are unable to physically meet, electronic communications may take place. Mr. Barker stated Chair
Garcia's interpretation is correct and the language was intentionally moved to the section regarding the
conduct of meetings, in order to apply to any situation in which three Board members are unable to
physically meet. Chair Garcia gave the opportunity for public testimony; however, there was none.
Commissioner Kirkmeyer moved to approve Ordinance #2009-9 on final reading. Commissioner
Conway seconded the motion. Chair Garcia stated he expressed concerns at the second reading of
the Ordinance regarding the Board's ability to bypass physically meeting in the same location and he
still has reservations regarding the matter. He stated he is concerned members of future Boards of
County Commissioners may not be as likely to attend Board meetings. He further stated he is also
concerned regarding the possibility that a Board member who is participating in a meeting via
telephone will not have access to all of the information the other Board members are considering, for
example, if a presentation occurs, the Board member who is participating via telephone will not be able
to view it. Chair Garcia stated it is a good amendment in limited situations, for example, when a
declaration of emergency is necessary. He clarified he is not concerned any of the current members of
the Board will misuse the ability to participate in meetings via electronic communications; however,
there are no guarantees regarding future members. Commissioner Conway inquired as to whether
Chair Garcia would like to propose any language which may alleviate his concerns. Chair Garcia
stated he has been considering the language for over a month and he has not conceived of any
changes to the language which will alleviate his concerns. Commissioner Rademacher indicated he
shares Chair Garcia's concerns; however, the intent of the language is more important than the
possibility of its misuse. Commissioner Kirkmeyer stated this Board will not take advantage of the
option and she does not believe other Board members will take advantage of it either. Commissioner
Conway concurred with the comments made by Commissioners Kirkmeyer and Rademacher; however,
he shares Chair Garcia's concerns; therefore, he encourages the Board to consider addressing the
issue and clarifying the language in the future. Upon the request for a roll call vote, the motion carried
four to one, with Chair Garcia being opposed.
FINAL READING OF WELD COUNTY CODE ORDINANCE #2009-10, IN THE MATTER OF
REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 3 HUMAN RESOURCES, OF
THE WELD COUNTY CODE: Commissioner Rademacher moved to read Ordinance #2009-10 by title
only. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. Mr. Barker read the
Ordinance into the record by title. He stated the Ordinance includes changes regarding the
Minutes, October 12, 2009 2009-2679
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reassignment of job duties in the event of an emergency and no doctor's note being necessary for sick
leave which is the result of a pandemic health emergency. He stated there was a proposed section
regarding no doctor's note being necessary for work missed under the Family Medical Leave Act
(FMLA) when it is the result of a pandemic health emergency; however, it was determined to be
inapplicable and it was removed from the Ordinance on a previous reading. He stated there are no
changes proposed for final reading. In response to Commissioner Conway, Mr. Barker confirmed the
opportunity was given to the elected officials and department heads to provide input regarding the
Ordinance; however, no concerns or recommendations were provided. Chair Garcia gave the
opportunity for public testimony; however there was none. Commissioner Rademacher moved to
approve Ordinance #2009-10 on final reading. Seconded by Commissioner Kirkmeyer, the motion
carried unanimously.
FINAL READING OF WELD COUNTY CODE ORDINANCE #2009-11, IN THE MATTER OF
REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 14 HEALTH AND ANIMALS, OF
THE WELD COUNTY CODE: Commissioner Conway moved to read Ordinance #2009-11 by title only.
Seconded by Commissioner Kirkmeyer, the motion carried unanimously. Mr. Barker read the
Ordinance into the record by title. He stated the Ordinance contains amendments to allow the Weld
County Health Officer to declare a pandemic health emergency and to declare the pandemic health
emergency has ended. He stated on second reading, Section 14-10-30, Authority to provide
vaccinations, was amended to read as follows: "In the event that the Weld County Health Officer has
declared a pandemic health emergency to exist, the Health Officer shall have the authority to distribute
vaccinations." There were no changes proposed for final reading. Chair Garcia gave the opportunity
for public testimony; however, there was none. Commissioner Conway moved to approve Ordinance
#2009-11 on final reading. Seconded by Commissioner Rademacher, the motion carried unanimously.
PLANNING:
FINAL READING OF WELD COUNTY CODE ORDINANCE #2009-8, IN THE MATTER OF
REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTERS 22 COMPREHENSIVE PLAN,
23 ZONING, 24 SUBDIVISIONS, 26 MIXED USE DEVELOPMENT, AND 27 PLANNED UNIT
DEVELOPMENT, OF THE WELD COUNTY CODE (CON'T FROM 09/28/09): Commissioner
Rademacher moved to read Ordinance #2009-8 by title only. Seconded by Commissioner Kirkmeyer,
the motion carried unanimously. Mr. Barker read the Ordinance into the record by title.
Brad Mueller, Department of Planning Services, stated there are two notable additions to the final
reading of the Ordinance. Mr. Mueller reviewed the Ordinance's history, which began with the
proposed changes to the Ordinance being presented to the Planning Commission on June 2, 2009, and
July 7, 2009, followed by the first reading of the Ordinance being presented to the Board of County
Commissioners on August 17, 2009, the second reading being presented on September 9, 2009, and
the third reading was continued from September 28, 2009, to today, October 12, 2009. He stated the
Ordinance was presented to the Planning Commission for a second time on October 6, 2009, as the
result of two additional categories being discussed in a work session with the Board; Correctional
Facilities and Medical Marijuana Dispensaries. He stated there are more than 9,000 people registered
in the State of Colorado to use medical marijuana with a doctor's recommendation, approximately 400
of which are in Weld County, and the number is expected to rise to approximately 15,000 before the
end of the year. Mr. Mueller stated part of the anticipated increase in due to relaxed enforcement of
federal laws regarding the use of marijuana. He recommended including Medical Marijuana
Dispensaries as a Use by Special Review in the C-3 (Business Commercial) Zone District, and there
are 75 parcels with this zoning within Weld County. He stated the C-3 (Business Commercial) zoning is
intended for activities that are larger than the neighborhood or local market, and which benefit the
general public or require high traffic volumes for generating business, and the Use by Special Review
category is intended for uses with intensive land use impacts.
Minutes, October 12, 2009 2009-2679
Page 6 BC0016
Mr. Mueller stated the second classification being considered for inclusion today is Correctional
Facilities. He stated two years ago Group Home Facilities, Residential Therapeutic Centers, and
Foster Care Homes were addressed in the Weld County Code, and at that time it was recognized
correctional facilities need to be addressed. He recommended Correctional Facilities be included as a
Use by Special Review in all of the Industrial and Agricultural Zone Districts. Mr. Mueller proposed that
Section 23-1-90, Definitions, be amended to include the definitions for Correctional Facilities and
Medical Marijuana Dispensaries, and that it specify a Medical Marijuana Dispensary shall not be
defined as a Home Business or Home Occupation. He recommended adding Correctional Facilities to
the A (Agricultural) Zone District in Section 23-3-40, Uses by special review; adding Correctional
Facilities and Medical Marijuana Dispensaries to the C-3 (Business Commercial) Zone District, as a
Use by Special Review, in Section 23-3-230, C-3 (Business Commercial); and adding Correctional
Facilities to the three Industrial Zone Districts, as a Use by Special Review, in Sections 23-3-310,
I-1 (Industrial) Zone District; 23-3-320, 1-2 (Industrial) Zone District; and 23-3-330, 1-3 (Industrial) Zone
District. He stated there also several technical corrections recommended, as listed on the last page of
the PowerPoint presentation, marked Exhibit B.
Chair Garcia inquired as to how it will affect the County if a USR is granted for a Medical Marijuana
Dispensary and the federal law becomes less lenient. Mr. Barker stated the situation regarding Medical
Marijuana Dispensaries is similar to when alcohol was prohibited; the sale of alcohol was against
federal law; however, it was not enforced, and federal law was eventually overturned. He stated if there
is a desire from the federal judicial system to enforce the law regarding the distribution of marijuana, it
will not put the County in any jeopardy as a result of granting the USR permit; however, the permitee
will be at risk if they continue to distribute marijuana. He further stated in March, 2009, the Attorney
General, Eric Holder, stated the federal government's position on the matter is that it is not going to
prosecute anyone who is dispensing marijuana pursuant to state laws. Commissioner Rademacher
stated it seems a show cause hearing will occur if the law changed drastically regarding the matter and
the Medical Marijuana Dispensary is no longer in compliance. Mr. Barker concurred and stated if
alcohol is prohibited again, the County will be in the same situation with its bars and taverns.
Commissioner Kirkmeyer stated she reviewed an amendment to the Weld County Home Rule Charter
regarding Correction Facilities, and it states, "...no person, corporation or entity shall occupy, use or
operate any building or structure as a correctional facility, pre -parole facility, jail, prison or other place of
incarceration, whether or not said building or structure is privately owned and/or operated, or is owned
and/or operated by Weld County..." She inquired how the proposed definition of Correctional Facility
for the Weld County Code corresponds with the definition of Correctional or Detention Facility in the
Weld County Home Rule Charter. She stated on Page 2 of Exhibit C, it indicates the Weld County
Charter requires that Correctional Facilities only be issued building permits upon the successful vote of
a majority of County citizens, which is not a correct statement. Commissioner Kirkmeyer clarified the
Weld County Charter indicates Correctional Facilities will only be issued certificates of occupancy upon
the successful vote of a majority of County citizens. She stated in the year 1993, a Correctional Facility
was permitted; however, the County was unable to issue a certificate of occupancy; therefore, the
Correctional Facility had vested rights and the County was required to pay the facility a certain amount
of money. She inquired as to how the County will ensure the same situation does not occur again.
Mr. Barker stated since the incident that Commissioner Kirkmeyer referenced occurred, there have
been a number of facilities the County has had to determine whether or not were Correctional Facilities.
He stated the definition throughout State statute is whether the facility is operated by the Colorado
Department of Corrections or is a youth correction facility, and the County has never been comfortable
with the lack of a clear definition; therefore, the County defined a Correctional Facility as one in which
lock downs occur and people cannot leave during the day, which distinguishes Correctional Facilities
from treatment oriented facilities. In response to Mr. Barker, Mr. Mueller stated part of the reason the
Correctional Facility matter required the County's attention at this time is because there have been
inquiries regarding a United States Immigration and Customs Enforcement (ICE) facility, and the Weld
Minutes, October 12, 2009 2009-2679
Page 7 BC0016
County Home Rule Charter does not address federal facilities. Mr. Mueller stated there is not currently
a use defined in the Weld County Code for Correctional Facilities, which unintentionally implies
Correctional Facilities are not allowed in Weld County; therefore, adding the definition and specifying
the zone districts in which the facility may be allowed will begin to provide a process for people to
follow, in addition to the Weld County Charter requirements, including the County election process.
Commissioner Kirkmeyer inquired as to whether an ICE facility is a detention facility. Mr. Barker stated
an ICE facility is a detention facility according to the definition; however, if a facility is owned by the
Federal government, it does not require the building permits or certificates of occupancy that a privately
owned facility requires. Mr. Mueller stated if a detention facility was proposed at this time, it would not
be addressed in any of the existing definitions, since it is not a Group Home, Residential Therapeutic
Center, nor Foster Care Home; therefore, there is a void in the Code. Commissioner Kirkmeyer stated
if the election occurred prior to the construction process commencing, the County could avoid the risk
of being required to compensate the proposed facility based on vested rights. Mr. Mueller stated
Commissioner Kirkmeyer has a valid point and an option to remedy the problem may be to specify in
the Weld County Code that Correctional Facilities may be a Use by Special Review if allowed by voter
approval. Commissioner Kirkmeyer stated when the amendment she previously referred to was added
to the Weld County Home Rule Charter, the definition for Correctional or Detention Facilities was
intentionally created to be broad in order to address many facilities; therefore, she does not want to
deter from the spirit or intent of Charter amendment. Mr. Barker stated the County's position will be
that a vote is required in all cases; however, the Federal government may argue preemption.
Nicole Marquez, resident of the City of Greeley and registered medical marijuana patient, requested
that the Board not approve any ordinances which will prohibit medical marijuana dispensaries within the
City of Greeley. Ms. Marquez stated she has rheumatoid arthritis, which causes her pain and stiffness
in the mornings and evenings; however, she is mobile enough to travel to surrounding communities to
obtain medicinal marijuana, although not everyone who utilizes medicinal marijuana is able to travel in
order to obtain it. She stated dispensaries should be as accessible as pharmacies are to patients and it
is unreasonable to cause ailing residents additional distress. Ms. Marquez stated prohibition and
propaganda have caused people to believe marijuana causes harm to individuals and society. She
stated marijuana has intoxicating effects, similar to alcohol; however, thousands of deaths are linked to
alcohol and tobacco use each year, and no deaths have been attributed to marijuana use. She further
stated studies have linked marijuana use to lower rates of crime and lower rates of alcoholism.
Ms. Marquez stated in the Netherlands marijuana is legal and sold at cafes, and the average age that a
person first uses it is 20, whereas, the average age a person first uses marijuana in the United States
is 16. She stated the City of Greeley's vision statement is to promote a healthy and diverse economy
and a high quality of life, responsive to all residents; however, prohibiting medical marijuana
dispensaries is contrary to the vision statement. She requested the Board deny any proposals which
will make it more difficult for patients to obtain medical marijuana. Chair Garcia explained the
Ordinance will affect the unincorporated areas of Weld County, which are not within a municipality; and
the City of Greeley can approve or ban medical marijuana dispensaries, based on its Ordinances.
Commissioner Rademacher clarified the Board does not have authority over a municipality and the City
of Greeley may ban, or allow, medical marijuana dispensaries without the Board's approval. In
response to Ms. Marquez, Commissioner Rademacher clarified the Ordinance will limit medical
marijuana dispensaries to the C-3 (Business Commercial) Zone District. Ms. Marquez stated medical
marijuana dispensaries should be zoned the same as a Walgreens, or a Rite -Aid, is zoned.
Commissioner Rademacher inquired as to whether the Board should consider any amendments to
address Commissioner Kirkmeyer's concern. Mr. Barker stated the Board does not need to make the
language any more specific at this time, since the intent is simply to establish a definition for
Correctional Facilities. In response to Commissioner Rademacher, Mr. Mueller stated the Resolution
does not list Correctional Facilities on all of the pages it is necessary for it to appear; therefore, he
recommends the changes he proposed within the PowerPoint presentation be made. Commissioner
Minutes, October 12, 2009 2009-2679
Page 8 BC0016
Long inquired as to what will happen if a situation such as the one Mr. Barker mentioned occurs, in
which the Federal government chooses to build a Correctional Facility within Weld County and it
asserts preemption. He stated he is uncomfortable with ambivalence. Mr. Barker stated there will
always be ambivalence concerning matters with the State and Federal government. He stated the
State Department of Wildlife applied for building permits for its facility within Weld County; however, the
National Guard did not apply for any building permits for its facility. He further stated school districts
also do not consistently apply for building permits. Mr. Barker stated whether or not the building
permits are applied for may vary according to the type of facility and whether opposition is anticipated,
and it is the Board's decision whether or not the County litigates these matters; however, he does not
know if there is a way to prevent these types of situations from occurring with the State and Federal
government. Mr. Mueller stated the Federal government may disagree with the interpretation of the
Weld County Home Rule Charter that a proposed Correctional Facility needs to be considered in an
election; however, it may still follow the process of applying for a Use by Special Review Permit in the
allowed zone districts. Mr. Barker concurred with Mr. Mueller. Commissioner Kirkmeyer inquired as to
why Correctional Facilities will be allowed in the (A) Agricultural Zone District, since it does not seem to
belong there. She stated the 1-2 (Industrial) Zone District makes sense because it meets the intent of
that zone district; however, it does not meet the intent of the A (Agricultural) Zone District. Mr. Mueller
stated there are a number of intense uses which are currently allowed in the A (Agricultural) Zone
District because people appreciate certain uses being removed from urban areas, for example, oil
refineries. He stated if the Board is interested in restricting the number of places Correctional Facilities
will be allowed, he recommends limiting Correctional Facilities to the I (Industrial) Zone Districts.
Mr. Mueller stated the Rural Task Force discussed that it would be desirable to make the heavier Uses
by Special Review in the A (Agricultural) Zone District be in the I (Industrial) Zone Districts, in order to
make the use more consistent with the intention of the zone district. In response to Commissioner
Kirkmeyer, Mr. Mueller stated all Industrial and Commercial uses are potentially allowed in the
A (Agricultural) Zone District through a Use by Special Review Permit. Commissioner Rademacher
concurred with Mr. Mueller and inquired as to whether a Change of Zone process is required.
Mr. Mueller clarified only the Use by Special Review process will be required, not the Change of Zone
process. Commissioner Kirkmeyer stated many uses make sense in the A (Agricultural) Zone District,
including oil and gas refineries, gravel mining, and animal kennels; however, Correctional Facilities are
not compatible with the A (Agricultural) Zone District, and she would prefer Correctional Facilities to
only be allowed in the 1-2 (Industrial) Zone Districts as a Use by Special Review. Commissioner
Rademacher inquired as to whether the Rural Task Force addressed this specific issue. Mr. Mueller
stated the Rural Task Force did not specifically address Correctional Facilities; however, it discussed
intensive uses, and it concluded it would make sense to require those uses be in the I (Industrial) Zone
Districts or C (Commercial) Zone Districts. He stated the current Use by Special Review process is
relatively quick, which was what was attractive to Vestas Blades America, Inc.; however, the Rural Task
Force thought it would make more sense to have a mechanism to change the zoning. He stated spot
zoning has been discouraged in the past, which is why the zoning has not been changed in the past.
Commissioner Rademacher stated he likes the flexibility the current process has and the Board of
County Commissioners is able to determine if a use is incompatible. Commissioner Long stated he
agrees with part of what Commissioner Kirkmeyer stated; however, he is concerned if the Board limits
Correctional Facilities to the I (Industrial) Zone Districts, the Federal government will be less likely to
follow the process than if the A (Agricultural) Zone District is included as an option. He stated a larger
net will hopefully capture more potential. Chair Garcia concurred with the comments made by
Commissioner Rademacher. Commissioner Rademacher moved to approve Ordinance #2009-8 on
final reading, with the technical corrections identified by staff in Exhibit B. Seconded by Commissioner
Long, the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Ordinances #2009-8, #2009-9, #2009-10, and #2009-11 were approved on final
reading.
Minutes, October 12, 2009 2009-2679
Page 9 BC0016
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 10:25 a.m.
Weld County Clerk to the Board
BOARD OF COUNTY COMMISSIONERS
WELD CO JNTY, COLORADO
as `-demacher Pro-Tem
ea p r. uonway
ra Kirkmeyer
David E . Long
Minutes, October 12, 2009 2009-2679
Page 10 BC0016
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