HomeMy WebLinkAbout20063256.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
NOVEMBER 27, 2006
TAPE #2006-41
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, November 27, 2006, 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 David E. Long, Pro-Tem
Commissioner William H. Jerke
Commissioner Robert D. Masden
Commissioner Glenn Vaad - EXCUSED
Also present:
Assistant County Attorney, Cyndy Giauque
Acting Clerk to the Board, Elizabeth Strong
Controller, Barb Connolly
MINUTES: Commissioner Masden moved to approve the minutes of the Board of County Commissioners
meeting of November 22, 2006, as printed. Commissioner Long seconded the motion, and it carried
unanimously.
READ ORDINANCE BY TAPE: Commissioner Jerke moved to read Code Ordinance#2006-9 by tape.
Commissioner Masden seconded the motion, which carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Masden moved to approve the consent agenda as printed.
Commissioner Jerke seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
WARRANTS: Barb Connolly, Controller, presented the following warrants for approval by the Board:
All Funds $84,656.74
Commissioner Jerke moved to approve the warrants as presented by Ms. Connolly. Commissioner
Masden seconded the motion, which carried unanimously.
2006-3256
BC0016
NEW BUSINESS:
CONSIDER TASK ORDER OPTION TO RENEW LETTER #1 FOR AIR QUALITY PROGRAM AND
AUTHORIZE CHAIR TO SIGN: TrevorJiricek, Department of Public Health and Environment, stated the
task order is between the Colorado Department of Public Health and Environment and the Weld County
Department of Public Health and Environment. He stated the Department will receive $49,029.60 to
operate an air quality monitoring network,conduct inspections,provide enforcement guidance concerning
stationary sources,issue or deny open burning permits,and to investigate complaints. He stated ordinarily
these task orders are for a one year period; however, this particular task order is for a period of six months
to work in conjunction with the State fiscal year. Commissioner Jerke moved to approve said task order
and authorize the Chair to sign. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER TASK ORDER FOR ABSTINENCE EDUCATION PROGRAM AND AUTHORIZE CHAIR TO
SIGN: Gaye Morrison, Department of Public Health and Environment,stated the amount of the task order
is $64,575.00, and the term is January 1, 2007, through December 31, 2007. She stated this is the
continuation of the previously developed Abstinence Education Program; however, a media component
has been added this year with the goal to educate parents. She stated the Program has expanded into
south Weld County, including Erie and Frederick. Commissioner Jerke stated the statistics suggest
teenage pregnancy and birth rates are decreasing in Weld County; however, births among older, single
women are increasing. He stated the statistics are positive overall; however, he is troubled by the amount
of older women giving birth out of wedlock. Ms. Morrison stated the Department is working with the
University of Northern Colorado to form a youth abstinence group to promote abstinence at the college,
and there is a male student who is developing an outreach program for young males at the college. In
response to Commissioner Masden, Ms. Morrison stated she attributes the programs' success to its
primary message for the teen population, which is focusing on the relationship message rather than only
abstinence education. She stated the Department's Abstinence Program is the State's model program and
has been recognized nationally. In response to Commissioner Masden, Ms. Morrison stated the
Department is active in all of the school districts in the County,with the exception of Saint Vrain, and there
are discussions about the Department taking over the Abstinence Program training for that district also.
Commissioner Long moved to approve said task order and authorize the Chair to sign. Seconded by
Commissioner Masden, the motion carried unanimously.
PLANNING:
FIRST READING OF ORDINANCE #2006-9, IN THE MATTER OF REPEALING AND REENACTING,
WITH AMENDMENTS, CHAPTER 26 MIXED USE DEVELOPMENT, OF THE WELD COUNTY CODE -
NEWBY FARMS, LLC, C/O VILLAGE HOMES OF COLORADO: Michelle Martin, Department of Planning
Services, stated the applicants have applied for a petition for inclusion into the 1-25 Mixed Use
Development area. She stated the property is located north of and adjacent to Weld County Road 26, and
east of and adjacent to Weld County Road 5. She stated Newby Farms, LLC, is not located within the
Mixed Use Development area, and inclusion will allow the applicants the opportunity to propose an urban
scale development in an area which can attain urban services. She stated the proposed subdivision
includes 600 single-family residences, which will utilize Saint Vrain's sanitation system and Long's Peak
water facilities. She stated the proposed site lies within Longmont's Intergovernmental Agreement area,
and the City of Longmont decided not to annex the property at a City Council meeting held on
September 12, 2006. Responding to Commissioner Jerke, Ms. Martin stated Longmont is the only city
which will be contiguous to the proposed development. In response to Chair Geile, Ms. Martin stated the
proposed development does not fall within, and does not influence, the City of Mead's Urban Growth
Boundary.
Margaret Barden,Village Homes, stated Ms. Martin has provided a thorough outline;however,she
would like Ron Skarka, Vice President of Planning for Village Homes,to describe the annexation process
with the City of Longmont. Mr. Skarka stated the petitioners went through a formal process of
Minutes, November 27, 2006 2006-3256
Page 2 BC0016
consideration for annexation, in which there were two meetings with the City of Longmont, including a work
session and a formal hearing, and at which time it was decided not to grant the annexation. He stated it
was mutually agreed that the cost of services for the City to extend water lines and electric utility lines
would be unreasonable, and due to this and the local school district policies, it was determined to be more
appropriate to petition for the Mixed Use Development. He stated the proposed development is contiguous
to open conservation space in Longmont. In response to Chair Geile, Mr. Skarka stated there have not
been discussions initiated with the Town of Firestone regarding annexation of the proposed development,
as the costs would be even higher for Firestone to annex the proposed development than for Longmont
to do so. Further responding to Chair Geile, Mr. Skarka explained the quit claim deed is contingent on this
Ordinance being approved, among other conditions to secure entitlement. In response to Commissioner
Jerke, Mr. Skarka stated Longmont allows for commercial metropolitan districts within its municipality;
however, it does not have a provision pertaining to residential developments. Further responding to
Commissioner Jerke, Mr. Skarka stated he is not aware if Longmont is in joint ownership of electrical
service; however, he is aware the current electrical service provided for the Newby Farms, LLC, is United
Power and will require conversion to the City of Longmont's electric service. Chair Geile stated if the
Longmont annexation of Lifebridge Christian Church continues, there will be an extension of electrical
services from the City of Longmont; therefore, they will be in the area of the proposed development.
Mr. Skarka stated there is an agreement between the power companies; therefore, if the development
switches to the City of Longmont electrical services, there will be a royalty fee paid by the applicants to
United Power for a number of years.
Ms. Barden stated Village Homes is a 30 year old award-winning Colorado company. She stated
approximately sixty percent of the Newby Farms, LLC, property is contiguous to the Mixed Use
Development area;therefore,the development is a logical fit into the area for Weld County's urban growth.
She stated the proposed development is in close proximity to a fire station,existing and proposed schools,
and recreation facilities.
Cathy Leslie, Civil Engineering Manager for Tetra Tech, stated the company has been working on
the infrastructure to serve development in the area for several years. She stated the major Long's Peak
transmission line project includes constructing a three-million-gallon-tank and a 24-inch waterline, which
will serve the Newby Farms, LLC, property and several surrounding developments. She stated the
company will begin construction on the project within the next couple of months. She stated the sewer
service will be provided via a connection to an existing sanitary sewer line located at Weld County Road
5.5, and will be participating with previous developers in upgrading the lift station. She stated the water
treatment plant has the capacity to provide for the proposed development, and there will be a series of
storm sewer tests to ensure adequate water quality and prevent further degrading of Liberty Gulch.
Craig Karn, architect for Consilium Design, stated the company developed the concept around
open spaces and with goals to preserve the mountain views and to provide a diversity of attractive homes.
He stated the development plans are consistent with the goals of the Comprehensive Plan and the Mixed
Use Development area,will be designed within the greater context of the surrounding properties, and will
consist of well-managed growth which will not have an adverse impact on existing facilities. He stated the
proposed development meets the criteria for approval of the Ordinance amendment which is that there is
a need for the revision as proposed,the proposed changes are consistent with the goals of the County and
are consistent with the Mixed Use Development area amendments, to not have an adverse impact on
existing or future facilities, and to ensure the residents will have access to required social amenities. In
response to Commissioner Masden, Mr. Karn stated there are approximately two and one-half units per
acre, which is consistent with other proposals in the area. Further responding to Commissioner Masden,
Mr. Karn stated the company is still in initial conversations with the local school district. In response to
Commissioner Masden, Mr. Skarka stated there will likely be one Special Interest District set up if it can
be made all-inclusive. He further stated there are plans to create a strong Master Home Owner's
Minutes, November 27, 2006 2006-3256
Page 3 BC0016
Association to perform maintenance of open spaces and parks. He stated there will likely be another
entity's services utilized to maintain roads, water and sewer facilities, and other public infrastructures. In
response to Commissioner Jerke, Ms. Barden stated there are two parcels; therefore, there are two
applications. She stated one parcel is 152.63 acres and the other is 93.27 acres.
In response to Commissioner Masden, Ms. Martin read the changes to the Ordinance into the
record. There was no public input. Commissioner Jerke moved to approve Ordinance#2006-9 on first
reading. Commissioner Masden seconded the motion. Chair Geile stated he will not support the
Ordinance on first reading due to his concern regarding the Intergovernmental Agreement with Longmont,
and concern about creating an enclave. In response to Chair Geile, Ms. Martin stated the second reading
of the Ordinance will be December 18, 2006. There being no further discussion,the motion passed three
to one, with Chair Geile in opposition.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. Ordinance #2006-9 was approved on first 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 9:55 a.m.
BOARD OF C UNTY COMMISSIONERS
WELD COU , COLORADO
.1 awe
ATTEST: JI i��"';, It.& N //�� �i_fi
M. J. ile, Chair
Weld County Clerk to the Bo • •! , �`
`k rgob �� David . Long, Pro-Tem
BY: �, U A. � 4k*:,/S_►,. !'�� I
Depute lerk to r Board S' \,I, ' -1-1.-• I--ky
L Willi H. Jerke
� &. \Pef—
Robert D. Masden
EXCUSED
Glenn Vaad
Minutes, November 27, 2006 2006-3256
Page 4 BC0016
Hello