HomeMy WebLinkAbout20062590.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DECEMBER 18, 2006
TAPE #2006-42
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, December 18, 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
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Elizabeth Strong
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Masden moved to approve the minutes of the Board of County Commissioners
meeting of December 13, 2006, as printed. Commissioner Long seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Jerke moved to approve the Certification of Hearings
conducted on Hearings conducted on December 12,2006: 1)Violation Hearings;and Hearings conducted
on December 13, 2006: 1) 2007 Final Budget for Beebe Draw Law Enforcement District; 2) 2007 Final
Budget; 3) RS#1133-SW Chambers, LLC, do Civil Resources, LLC; 4) USR#1576-Scott Deemer, do
Todd Hodges Design, LLC; 5) PZ#1103- Liberty Properties, LLLP/Kenneth and Connie Williamson, do
Landmark Engineering, Ltd. Commissioner Long 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 Jerke moved to approve the consent agenda as printed.
Commissioner Masden seconded the motion, and it carried unanimously.
PRESENTATIONS:
RECOGNITION OF SERVICES, COUNTY ATTORNEY'S OFFICE- LEE MORRISON: Chair Geile read
the certificate into the record, recognizing Lee Morrison for 27 years of service with the County Attorney's
Office. Bruce Barker, County Attorney, stated Mr. Morrison has a great reputation which was created
through hard work, kindness towards the public and members of the judiciary system, his legal analysis
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skills, and his ability to think through problems. He stated Mr. Morrison was courteous and generous with
his time when others requested assistance. Mr. Barker stated that Mr. Morrison taught him about County
government law, especially regarding due process and property law. He stated everyone in Weld County
benefitted from Mr. Morrison's time served in the County Attorney's office. Cindy Giauque and Diane
Beckman, County Attorney's Office, presented Mr. Morrison with a framed picture. Mr. Morrison stated
he worked on many issues in his years at the County and there have been many changes. He thanked
those who supported him through his illness, particularly his wife and mother. Chair Geile stated Mr.
Morrison brought professionalism to the County. He further stated that he received feedback from another
attorney regarding arguing court cases with Mr. Morrison, knowing he would be treated fairly and ethically.
CommissionerJerke stated Mr. Morrison is the epitome of a good attorney and thanked him for educating
him on the subject of land use. Commissioner Long stated he had never worked with attorneys prior to
serving as a County Commissioner and he appreciates the level of integrity Mr. Morrison maintained and
the way he presented issues utilizing humor,common sense, and fairness. Commissioner Masden stated
he appreciated the advice Mr. Morrison gave on land issues and he is highly regarded by everyone. He
thanked Mr. Morrison for the lessons he taught him and time they spent together. Commissioner Vaad
stated it has been a privilege being a friend of Mr. Morrison's for ten years. He stated Mr. Morrison is a
consummate legal counselor who benefitted the constituents. He stated he appreciates his service and
he has been a dedicated and exemplary public servant, often working late into the evening to complete
research. He further stated he appreciates that Mr. Morrison continued to work for the County when he
could have earned more money elsewhere.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $463,829.75
Commissioner Vaad moved to approve the warrants as presented by Mr.Warden. Commissioner Masden
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER SERVICE ENHANCEMENT REQUEST NO.2007-01 FOR SUPPLEMENTAL SERVICES AND
AUTHORIZE CHAIR TO SIGN -ACS GOVERNMENT SYSTEMS, INC.: Mr. Warden stated this item and
the following item are amendments to an ACS agreement and were included in the 2007 budget. He
stated this amendment is for a programmer to better support programs in the County since it is continually
adding new programs. Commissioner Vaad moved to approve said request and authorize the Chair to
sign. Seconded by Commissioner Jerke, the motion carried unanimously.
CONSIDER SERVICE ENHANCEMENT REQUEST NO.2007-03 FOR SUPPLEMENTAL SERVICES AND
AUTHORIZE CHAIR TO SIGN - AFFILIATED COMPUTER SERVICES, INC.: Mr. Warden stated this
amendment will be reimbursed eighty percent by Social Service's funds. He stated as a result of Social
Services hiring forty additional staff members, an additional computer technician will be hired who will
dedicate full time to the department. He stated there will also be an additional computer programmer hired,
and the money spent for the additional staff is cost effective. He further stated the two positions will be
temporary and are anticipated to last for two years. Commissioner Masden moved to approve said request
and authorize the Chair to sign. Seconded by Commissioner Jerke, the motion carried unanimously.
CONSIDER HEALTH INSURANCE WAIVER FOR CORRECTIONAL OFFICERS: Mr. Warden stated it
is difficult to recruit correctional officers, and with the opening of Phase III of the jail construction project,
60 additional correctional officers will be required. He stated approximately seven out every one-hundred
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applicants are successful at being hired and completing training. He stated one of the obstacles in
obtaining candidates who have dependents is the County's health insurance policy, which does not pay
for dependent coverage the first year of employment. He stated a waiver of health insurance premiums
for dependents during the first year of employment will assist in the recruitment and retention of
correctional officers. Commissioner Vaad stated he appreciates that Great West Healthcare,the County's
insurance carrier, has agreed to the waiver. In response to Commissioner Vaad, Mr. Warden stated the
reason that Great West Healthcare supports the waiver is to deter adverse selection, in which employees
only enroll in the County insurance plan to pay for planned pregnancies or elective surgeries and then
enroll in another carrier's less expensive plan when they are not anticipating large expenses.
Commissioner Vaad stated since it is an exception and will not negatively affect other County employees,
he will support the waiver. In response to Commissioner Jerke, Mr. Warden stated the estimated amount
of additional cost to the County will be approximately$50,000.00. CommissionerJerke moved to approve
said waiver. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER EMERGENCY ORDINANCE NO. 235-B, IN THE MATTER OF A SUPPLEMENTAL
APPROPRIATION FOR THE YEAR 2006: Mr.Warden entered Exhibits A-1,A-2,A-3,A-4,A-5, B-1, B-2,
C-1, C-2, C-3, C-4, C-5,C-6, C-7, D-1, D-2, E, F, G, and H into the record and stated which departments
incurred changes in the Supplemental Budget Appropriation. He stated there is some reallocation of salary
and benefits, there are numerous grants which have been added,and there have been some adjustments
made for energy and fuel costs for vehicles and buildings. Mr.Warden read the Ordinance into the record.
In response to Commissioner Jerke, Mr. Warden stated the County is prohibited from appropriating
additional mill levy tax. Commissioner Vaad moved to approve Ordinance No. 235-B. Seconded by
Commissioner Long, the motion carried unanimously.
PLANNING:
CONSIDER PARTIAL CANCELLATION AND RELEASE OF COLLATERAL FOR PLANNED UNIT
DEVELOPMENT FINAL PLAN, PF #1093, SAGE HILL, INC. - TERRA FIRMA VENTURES, LLC: Brad
Mueller, Department of Planning Services, stated the Letter of Credit will be reduced from $311,200.00
to$40,610.15,which is approximately 15 percent.There was no representative of Sage Hill, Inc. present.
Commissioner Jerke moved to approve said cancellation and release of collateral, based on staffs
recommendation. Commissioner Masden seconded the motion, which carried unanimously.
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL
FOR IMPROVEMENTS,AUTHORIZE CHAIR TO SIGN,AND ACCEPT COLLATERAL-VON AND DIANE
HONNECKE: Mr. Barker stated the agreement is at the point at which the site plan is completed. He
stated the applicants have submitted an Improvements Agreement and collateral as required, and staff
recommends approval. There was no representative of the Honneckes present. Commissioner Vaad
moved to approve said agreement, authorize the Chair to sign, and accept collateral. Seconded by
Commissioner Long, the motion carried unanimously.
CONSIDER PARTIAL VACATION OF USE BY SPECIAL REVIEW#776 - SUCKLA FARMS, INC., C/O
JACOR BROADCASTING, INC.: Michelle Martin, Department of Planning Services, stated staff received
a letter dated December 1, 2006, requesting a partial vacation of Use by Special Review #776 for
construction of a 1,190 foot high radio transmission tower and an equipment building. She stated the
vacated acreage will be incorporated into Use by Special Review#1555, which is located east of and
adjacent to Weld County Road 17 and south of Weld County Road 16. No representatives of Suckla
Farms, Inc. were present. Commissioner Long moved to approve said vacation. Seconded by
Commissioner Masden, the motion carried unanimously.
CONSIDER SPECIAL WARRANTY DEED AND AUTHORIZE CHAIR TO SIGN-G AND M RESOURCES,
LLC: Mr. Barker stated the purpose of the special warranty deed is to adjust the boundary line. No
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representative of G and M Resources, LLC, was present. Commissioner Vaad moved to approve said
special warranty deed and authorize Chair to sign. Seconded by Commissioner Masden, the motion
carried unanimously.
CONSIDER FOUR-LOT RECORDED EXEMPTION#4490- REED REAL ESTATE, LP: Chris Gathman,
Department of Planning Services, stated the applicant submitted a letter dated December 12, 2006,
requesting a waiver of the 2.5 net acre lot size requirement. He stated the Recorded Exemption was
conditionally approved by the Department on September 21, 2006; however, the applicant is appealing
Condition of Approval 5J, which states the minimum size of any proposed lot with a well as the water
supply will not be less than 2.5 net acres. He stated the proposed lot is Lot A of a Recorded Exemption
and is in the Agricultural Zone District; therefore, a waiver of the lot size will be required. He stated the
proposed lot is 2.34 net acres and 2.5 gross acres, and the applicant is requesting the waiver since there
is existing agricultural access, and an irrigation ditch along the north property line, which the applicant
wishes to keep within the Lot D boundaries. In response to Chair Geile, Mr. Gathman stated the only lot
requesting the waiver is Lot A. In response to Commissioner Vaad, Mr. Gathman stated if the Recorded
Exemption is approved,the Department of Environmental Health will determine if the conditions have been
met for the applicant to obtain a well permit and septic system. In response to Commissioner Jerke, Mr.
Gathman stated it specifies net acres in the Weld County Code; however, prior to an amendment several
years ago, it did not specify net or gross acres. Bruce Reed, applicant, stated five years ago he obtained
the first Recorded Exemption and at that time the Code did not require 2.5 net acres. He further stated
he was not aware the Weld County Code had been amended to specify applicants require 2.5 net acres.
He stated if the boundary line is moved west they will lose the road access to the farm, and if the boundary
is moved north, it will affect an irrigation ditch. He stated the variance will allow the irrigation system to
remain the same, and will continue to allow road access. There was no public input. Commissioner
Masden moved to approve said waiver of Condition of Approval 5J for Lot A, and to state Lots B and C will
comply with the 2.5 net acre requirement. Seconded by Commissioner Jerke, the motion carried
unanimously. Commissioner Masden moved to approve Recorded Exemption #4490. Seconded by
Commissioner Long, the motion carried unanimously.
SECOND 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, CIO VILLAGE HOMES OF COLORADO: Commissioner Vaad moved to read said
Ordinance by title only. Seconded by Commissioner Masden,the motion carried unanimously. Mr. Barker
read the Ordinance into the record. Ms. Martin 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 there are two criteria
for review of the amendment. She stated the first criterion is stated in Section 26-1-30 of the Mixed Use
Development Plan,which establishes procedures for submitting an amendment,and the criterion has been
satisfied. She further stated the second criterion is in Section 22-1-150 of the Weld County
Comprehensive Plan. She stated the property is not located within the current Mixed Use Development
area, and inclusion will allow the applicant the opportunity to propose an urban scale development in an
area which is able to obtain adequate services, including utilizing Saint Vrain sanitation services and Long's
Peak water. She stated the applicants have examined the goals and policies of the Mixed Use
Development, and have committed to providing 65 acres of open space. Ms. Martin stated the applicants
have discussed the need to provide for appropriate pedestrian circulation within the development and have
committed to meet this need. She stated the proposed site lies within the City of Longmont's
Intergovernmental Agreement area; however, the City made the decision to deny annexation of the
property on September 12, 2006. She submitted Exhibit E into the record, which is the minutes from the
Longmont City Council meeting at which denial of the annexation was decided. She stated the proposed
site will be developed with approximately 65 acres of open space, which will be divided into numerous
parks with open space connections throughout the subdivision. She stated in accordance with Appendix
26-E, 20 percent of the property needs to be dedicated to open space, which is 49 acres; therefore, the
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applicants proposal of approximately 65 acres of open space exceeds the required amount. She stated
the proposed development will include a diversity of housing types, including 47 very low density single
family residences, which will be 1 to 2 dwelling units per acre; 74 low density single family residences,
which will be 3 to 4 dwelling units per acre; and 479 medium density attached and/or detached patio
homes, which will be 4-5 units per acre. She stated the total number of dwelling units will be 600, which
will add approximately 1,670 people; therefore, the Saint Vrain Valley School District has stated that
adequate available school capacity does not exist for the area; however, the District is open to mitigation,
though no formal agreement has been reached. Ms.Martin stated a letter was received by the Department
from a surrounding property owner, dated December 18, 2006,which has been entered into the record as
Exhibit F. She stated the areas of concern are that the property owner would like to have the "Right to
Farm", Appendix 22-E of the Weld County Comprehensive Plan, included on future land use plat maps,
and they would like a barrier between the properties. She stated staff recommends approval. In response
to Chair Geile, Ms. Martin stated she is unaware of the applicant applying with any other cities, in addition
to the City of Longmont, for annexation. Mr. Barker stated in order to proceed with urban development a
potential developer has two options, they can develop in an area with an Intergovernmental Agreement
or in a Mixed Use Development area. He stated expanding the Mixed Use Development does not approve
a particular land use. Margaret Barden,Village Homes, stated the property is contiguous to the Mixed Use
Development area. She stated they have approached the City of Longmont to ensure compliance with the
Intergovernmental Agreement between the City and Weld County,and have communicated with the Towns
of Mead and Firestone. In response to Chair Geile, Ms. Barden stated the property consists of 245 acres.
Ron Skarka, Vice President of Planning for Village Homes, stated the amount of open space in the
previous application will be less to include right-of-way,which had mistakenly not been taken into account;
however, the property will still meet the County requirements for open space. He stated the Town of
Firestone is not interested in annexation since it does not believe the property is contiguous, and has not
provided a response to their request for annexation. Ms. Barden stated she spoke with the Town of
Mead's Town Manager, who stated he submitted a referral to Weld County and indicated the Town of
Mead would like to annex the property. She stated there is no Intergovernmental Agreement with the Town
of Mead, and there is no contiguity with Mead. She further stated the property is 67 percent contiguous
with the 1-25 Mixed Use Development area. There was no public input. In response to Chair Geile, Ms.
Barden stated they are in concurrance with the conditions of the Mixed Use Development. In response
to Commissioner Vaad, Ms. Barden stated there was some conceptual planning done between Village
Homes and the Adam's property. Mr. Skarka stated at the time of the Longmont City Council meeting,
Village Homes had the Adam's property under contract; however, that is no longer the case. He stated
they will make an effort to create an adequate buffer between the property and the surrounding properties.
In response to Chair Geile, Mr. Skarka stated they will likely follow up with a Metropolitan District. Chair
Geile stated there may be future opportunities to consider annexation. In response to Commissioner
Jerke, Mr. Barker stated the "Right to Farm" is an appendix to Chapter 22 of the Weld County
Comprehensive Plan and applies everywhere in the County. He stated State Statute provides more
protection, and was upgraded several years ago to provide for immunity from nuisance actions for ongoing
agricultural operations, as long as they are not negligent. Commissioner Vaad moved to approve
Ordinance #2006-9 on second reading. Seconded by Commissioner Jerke, the motion carried
unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. Ordinance 2006-9 was approved on second reading and Emergency Ordinance No. 235-B was
approved.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Acting Clerk to the Board.
Minutes, December 18, 2006 2006-2590
Page 5 BC0016
There being no further business, this meeting was adjourned at 10:33 a.m.
BOARD OF COUNTY COMMISSIONERS
WELDD CjOUNTY, O LORADO
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Minutes, December 18, 2006 2006-2590
Page 6 BC0016
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