HomeMy WebLinkAbout20061302.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MAY 8, 2006
TAPE #2006-18
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, May 8, 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-Tern
Commissioner William H. Jerke
Commissioner Robert D. Masden
Commissioner Glenn Vaad
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Jenny Luna
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Masden moved to approve the minutes of the Board of County Commissioners
meeting of May 3, 2006,as printed. Commissioner Long seconded the motion,and it carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Vaad moved to approve the Certification of Hearings
conducted on May 3, 2006, as follows: 1) USR#1538-Matthew and Kristi Morrison; and 2) USR#1545-
Great Western Oil and Gas Company, c/o Crews and Zeren, LLC. Commissioner Masden seconded the
motion, which carried unanimously.
AMENDMENTS TO AGENDA: Chair Geile added New Item of Business#6: Consider Public Service
Company of Colorado Easement for Weld County Business Park and authorize Chair to sign.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Long moved to approve the consent agenda as printed.
Commissioner Masden seconded the motion, and it carried unanimously.
PROCLAMATIONS:
WELD COUNTY VOTER PARTICIPATION: Chair Geile read the certificate into the record, encouraging
all citizens of Weld County to exercise their right to vote, and actively participate in government by
volunteering to serve on advisory boards and commissions. Dr. Roberto Cordova, representative of
Greeley League of United Latin American Citizens Council #3005, expressed his thanks to the
Commissioners for the proclamation in support of the El Voto Latino Project. In response to Chair Geile,
2006-1302
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Dr.Cordova stated the El Voto Latino Program has a total of 100 volunteers, and 40 of the volunteers have
been trained to register voters. He stated volunteers have registered voters at two events, and 71 voters
who have never voted are now registered to vote,and the program seeks to register over 5,000 new voters
by November 2006. He further stated most of the citizens are registering as unaffiliated voters, and the
program will concentrate its efforts within the Greeley area. Dr. Cordova stated the program has a broad
range of volunteers, and they all realize that Latinos need to vote and become more proactive in
government. He stated the program will also work to encourage more Latinos to serve on committees and
boards, and to run for political offices. He stated the proclamation will give the program credibility
throughout Weld County to get voters registered.
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 $2,601,422.63
CommissionerJerke moved to approve the warrants as presented by Mr.Warden. Commissioner Masden
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER RADIOLOGY SERVICES AGREEMENTANDAUTHORIZECHAIRTO SIGN-DIVERSIFIED
RADIOLOGY OF COLORADO, P.C.: Dr. Mark Wallace, Director of Public Health and Environment, stated
a staff member within the Department has been recognized at the State level and is the recipient of the
Colorado Florence Nightingale Award for human caring within the nursing profession. He stated Ruth West,
a nurse who heads up the Tuberculosis Program,has had a distinguished career with the Department, and
it is a high honor for her to be selected by her peers and be recognized for her human caring efforts. He
further stated this award will be built into the overall recognition for nurses this week during National Nurses
Week. Chair Geile expressed his congratulations to the Department. Dr.Wallace stated the Tuberculosis
Control Program requires the Department to complete chest x-rays on patients suspected to have
tuberculosis, and the x-ray films need to be interpreted by professional radiologists. He stated Diversified
Radiology of Colorado, P.C.,submitted the low bid,and the reimbursement rate will not exceed the highest
level of Colorado Medicaid reimbursement. He further stated the effective date of the agreement is April 1,
2006, and the agreement may be automatically renewed each year. In response to Commissioner Vaad,
Dr. Wallace stated the x-ray films will be read in the United States, specifically in the State of Colorado.
Commissioner Vaad moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Masden, the motion carried unanimously.
CONSIDER TASK ORDER FOR FAMILY PLANNING SERVICES PROGRAMANDAUTHORIZE CHAIR
TO SIGN: Dr.Wallace stated the Family Planning Program has been in operation for many years,which
offers contraceptive services to both men and women,and the Department will be reimbursed an amount
not to exceed$165,526.00. He stated funds, in the amount of$111,342.00,are Federal pass through funds,
and funds, in the amount of $53,914.00 are contributed by the State. Commissioner Long moved to
approve said task order and authorize the Chair to sign. Seconded by Commissioner Masden,the motion
carried unanimously.
CONSIDERTASKORDER FOR OFFICE OF LOCAL LIAISON PROGRAM AND AUTHORIZE CHAIR TO
SIGN: Dr. Wallace stated the Office of Local Liaison Program provides per capita funding to local
Departments. He stated the Department will receive per capita funding beginning July 1, 2006, through
June 30,2007, in the overall amount of$281,111.00. He further stated the funds will be utilized to support
general health activities, and at least fifteen percent of the funds must be used for regional health services.
Minutes, May 8, 2006 2006-1302
Page 2 BC0016
In response to Commissioner Vaad, Dr.Wallace stated the goals and objectives from the Strategic Plan
will be utilized as the major focus;however,some of the goals and objectives from the Healthy People 2010
Program will also be utilized. Commissioner Vaad expressed his appreciation to Dr.Wallace for his effort
in developing the Strategic Plan. Commissioner Masden moved to approve said task order and authorize
the Chair to sign. Seconded by Commissioner Vaad, the motion carried unanimously. Chair Geile
recognized Dr. Wallace and all Department of Public Health and Environment staff for their hard work.
CONSIDER APPLICATION FOR 2006 COLORADO CERCLAGRANTANDAUTHORIZE CHAIR TO SIGN:
Roy Rudisill, Office of Emergency Management, stated the grant funds will be utilized during a planned
emergency exercise to be held at the Greeley-Weld County Airport. He stated the exercise has been in the
planning stages through the Local Emergency Planning Committee(LEPC)since January 2006,and funds,
in the amount of$2,000.00,will be utilized for expenses associated with the planned exercise. He stated
the State requires that planned exercises must have an after-action report published. Mr. Rudisill stated
the Greeley-Weld County Airport is hosting the exercise,and other entities involved include the Air National
Guard, Union Colony Fire Department,Valley Fire Department,Sheriffs Office, Paramedic Services, North
Colorado Medical Center, the Department of Communications, Civil Air Patrol, a ham radio operations
group, the Citizens Emergency Response Team (CERT), and other volunteers. In response to
Commissioner Vaad, Mr. Rudisill stated the funds spent during 2005 included funds budgeted for training,
overtime compensation, and the basic operations budget of the identified Hazmatteam for Weld County.
Responding further to Commissioner Vaad,Mr. Rudisill stated the people directly involved with the training
do not know the details of the exercise; however,the LEPC has a detailed description of what will happen
during the exercise. Commissioner Jerke encouraged the Board to attend the training exercise on
June 2, 2006, and become a participant in the exercise. Commissioner Vaad moved to approve said
application and authorize the Chair to sign. Seconded by Commissioner Jerke, the motion carried
unanimously.
CONSIDER RESOLUTION RE: CANCELLATION OF THE BOARD OF COUNTY COMMISSIONERS
MEETING SCHEDULED FOR JUNE 7, 2006: Commissioner Vaad moved to approve said Resolution.
Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER PUBLIC SERVICE COMPANY OF COLORADO EASEMENT FOR WELD COUNTY
BUSINESS PARK AND AUTHORIZE CHAIR TO SIGN: Bruce Barker, County Attorney, stated the
easement provides access to the new building within the Business Park for the Public Service Company
of Colorado. He stated the map indicates the easement is shown around the perimeter of the lot, and
approval is recommended. In response to Commissioner Vaad, Mr. Barker stated the easement was
prepared by the Public Service Company of Colorado. Commissioner Masden moved to approve said
easement and authorize the Chair to sign. Seconded by Commissioner Jerke, the motion carried
unanimously.
PLANNING OLD BUSINESS:
FINAL READING OF ORDINANCE#2006-2,IN THE MATTER OF REPEALING AND REENACTING,WITH
AMENDMENTS, CHAPTER 5 REVENUE AND FINANCE, CHAPTER 22 (COMPREHENSIVE PLAN),
CHAPTER 23 (ZONING), CHAPTER 24 (SUBDIVISIONS), CHAPTER 27 (PLANNED UNIT
DEVELOPMENT), AND CHAPTER 29(BUILDING REGULATIONS), OF THE WELD COUNTY CODE
(CON'T FROM 05/03/06): Commissioner Long moved to read by title only. Seconded by Commissioner
Masden,the motion carried unanimously. Mr. Barker read said title into the record and stated two changes
will be made on final reading. He stated Section 5-7-40 will be amended to state that the stormwater
drainage infrastructure fee will be calculated at$.10 per square foot of total impervious surface,and the fee
will be calculated according to the methods presented in the new Appendix 5-N. He further stated an
applicant may retrieve the Appendix 5-N from the website to calculate the fee. Mr. Barker stated the second
change to be made concerns political signs. He stated political signs may be placed in any zone district;
Minutes, May 8, 2006 2006-1302
Page 3 BC0016
however,they must be removed within 15 days after an election has been held. Commissioner Jerke stated
he has concerns with requiring staff to regulate the amount of time the political signs are displayed, since
some billboards never come down, and requested that the 15 day restriction be deleted. Commissioner
Vaad concurred with Commissioner Jerke, and stated he does believe it is a problem to allow political signs
to be left up following an election. He further stated if the signs become a problem, the issue can be
addressed at a later date. In response to Chair Geile, Mr. Barker stated there is currently no enforcement
of the removal of political signs. He further stated the amendment for political signs to be allowed needs
to made on third reading; however,the second sentence requiring the signs be removed within 15 days of
an election may be deleted. In response to Mr. Barker,Sheri Lockman, Department of Planning Services,
stated staff has received two complaints regarding political signs in the past, but the signs were located
within city limits; therefore, staff was not required to take action. In response to Commissioner Masden,
Ms. Lockman stated the 15-day limit was proposed at the Board's direction; however,she could not recall
specifics of how the limit of 15 days was agreed upon since the issue has not been discussed since
August,2005. Commissioner Jerke moved to remove the second sentence of the definition of a Political
Sign, requiring that signs be removed 15 days after an election. Seconded by Commissioner Vaad, the
motion carried unanimously. There being no further discussion, Commissioner Vaad moved to approve
Ordinance#2006-2 on final reading,as amended. Seconded by Commissioner Masden,the motion carried
unanimously.
PLANNING:
CONSIDER FOUR-LOT RECORDED EXEMPTION #4353 - GORDON WEICHEL, C/O DOUG
WI NDSH EIMER: Jacqueline Hatch, Department of Planning Services,stated Recorded Exemption#4353
has been forwarded to the Board of County Commissioners since the applicant is in opposition with
Condition of Approval#4.F, requiring a non-exclusive license agreement,and Condition of Approval#4.K,
regarding the requirements of Weld County School District RE-3. She stated the site is located south of
Weld County Road 22, and west of Weld County Road 47.5. She stated the recorded exemption was
conditionally approved on February 21, 2006; however, after review of the submitted paper plats, staff
determined the site does not comply with Section 24-8-40.C of the Weld County Code, regarding safe
ingress and egress to a public road. Ms. Hatch stated the original application delineated access for all four
lots from Weld County Road 22 to Weld County Road 45, which is non-maintained. She stated the
applicant has provided a copy of an existing easement, dated April 11, 1969 and marked Exhibit A,which
identifies a 14-foot easement; however,there is no common crossover point between Sections 14 and 15
for the purpose of ingress and egress. She further stated the last paragraph of Exhibit A states when the
property is properly dedicated to the public for road purposes,the easement shall automatically terminate.
She stated the Section Line between Sections 14 and 15 was declared public right-of-way through the
Resolution of 1889, and after researching patent dates, the Department of Public Works has determined
that the County has public right-of-way. She stated the existing 14-foot wide easement does not meet
standard requirements,and the Resolution of 1889 allows for 30 feet on either side on the Section Line,for
a total of 60 feet between Sections 14 and 15 to be utilized for public access. Ms. Hatch stated the
Department of Public Works recommends that the applicant enter into a Non-exclusive License Agreement
to provide adequate access to all parcels. She stated Weld County School District RE-3J has a fee-in-lieu
requirement to address additional residential development within the County,and it is a standard condition
that the requirements of the school district be addressed. She stated the school district is requesting
mitigation of land costs, and request a cash-in-lieu of land dedication in the amount of$1,287.00 per family
housing unit, or a total of$3,861.00 for the creation of three single family lots. In response to Chair Geile,
Ms. Hatch stated the cash-in-lieu fee is classified as a land mitigation fee. Commissioner Masden
commented that several past applicants have worked with the school district to arrange an agreement to
pay the fee when a building permit is issued. In response to Commissioner Masden,Ms. Hatch stated staff
does not have the ability to waive the fee.
Minutes, May 8, 2006 2006-1302
Page 4 BC0016
Don Carroll, Department of Public Works, stated the site will be accessed from the Section Line, and
30 feet of public right-of-way is requested to access the parcels. He stated staff is also requesting an
easement for access to Lot C. In response to Commissioner Vaad, Mr. Carroll stated the 60-foot right-of-
way between Sections 14 and 15 does not have to be developed; however,30 feet on each side should be
identified for public access. Responding to Commissioner Jerke, Mr. Carroll stated the property owner's
easement runs concurrently with the right-of-way declared through the Resolution of 1889. Further
responding to Commissioner Jerke,regarding surrounding property owners, Mr.Carroll stated letters have
be supplied to surrounding property owners through the Non-exclusive License Agreement,and no negative
feedback has been received. Mr. Barker stated the legal status of the right-of-way means that any member
of the public has a right to use the access, regardless of land ownership on either side. In response to
Commissioner Jerke, Mr. Carroll stated staff has only requested 30 feet of right-of-way along the Section
Line so that utilities can exist alongside the road.
Doug Windsheimer, applicant's representative,stated Mr.Weichel has maintained the road to his parcel
since receiving the easement in 1970. He stated the road is sufficient in size, and Mr. Weichel has
concerns that other homeowners in the area do not have to enter into an agreement to utilize the road. He
stated the easement was dedicated and enclosed with the property deed, and the requested 30-foot
easement to Lot C is shown on the mylar plat. In response to Commissioner Masden, Mr. Windsheimer
stated United Power provides service to the area,the easement has road base,and is maintained to Weld
County Road 22. He further stated the neighboring properties utilize the easement for access to their
properties; however, the surrounding property owners do not contribute to the maintenance of the
easement. In response to Commissioner Masden, Mr.Carroll stated the manufactured homes were placed
on the properties prior to the use of Nonexclusive License Agreements. Gordon Weichel, applicant,stated
he bought the property in 1970,which included the right-of-way,and he has maintained the easement since
the purchase of the property. He stated other property owners within the surrounding area utilize the
easement, and have not been required to complete a Nonexclusive License Agreement. He further stated
road base is hauled in on a consistent basis,and the easement is wide enough for large drilling rigs to utilize
the road. He stated he does not have objections with the County maintaining the right-of-way;however,he
will continue to maintain his 14-foot easement. In response to Commissioner Masden, Mr.Windsheimer
stated Mr.Weichel disagrees with the School District,and the required fees should not be paid until the new
residences are built. Responding further to Commissioner Masden, Mr. Windsheimer stated he has
contacted the School District, in order to work out an agreement regarding payment of the fees; however,
the School District has not responded.
Mr. Carroll stated the Department of Public Works does not object to providing access to the parcels;
however, the Nonexclusive License Agreement is the typical procedure for recorded exemptions which
utilize a Section Line access. In response to Chair Geile,Ms. Hatch stated the requirements of the School
District are listed as Condition of Approval#4.K. She stated the applicant will need to submit an agreement
stating the School District will wait to collect until residences are built, or submit a receipt stating the
required fees have been paid. Mr. Barker stated private easements are not unusual; however,the public
may utilize the road since the Section Line is a public right-of-way. He stated the property owner may not
close access to the easement since it runs concurrently with the public right-of-way. In response to
Commissioner Vaad, Mr. Carroll stated staff is requesting a minimum of 30 feet of right-of-way, so that
additional utilities may be brought to the area; however,the road itself does not have to be 30 feet in width.
In response to Commissioner Masden,Mr.Carroll stated the 14-foot road may remain within the available
right-of-way along the Section Line. Commissioner Masden commented the applicant already maintains
the road,and a Nonexclusive License Agreement needs to be signed. In response to Chair Geile, Ms. Hatch
stated Condition of Approval#4.E pertains to the 30-foot easement to provide access to Lot C. In response
to Mr.Windsheimer, Commissioner Vaad stated the applicant is required to sign an agreement stating the
road is open for public use; however,the existing 14-foot road can remain where it is. In response to Chair
Geile, Mr.Weichel stated that he concurs with the Conditions of Approval as proposed. Mr.Weichel stated
he does not believe he should be required to notify the surrounding property owners. Commissioner
Minutes, May 8, 2006 2006-1302
Page 5 BC0016
Masden moved to approve Recorded Exemption#4353,as stated. Seconded by Commissioner Jerke,the
motion carried unanimously.
(Chair Geile called a short recess, and upon reconvening, Commissioner Long is now excused.)
SECOND READING OF ORDINANCE#2006-4, IN THE MATTER OF REPEALING AND REENACTING,
WITH AMENDMENTS, CHAPTER 22 (COMPREHENSIVE PLAN) AND CHAPTER 26 (MIXED USE
DEVELOPMENT),OF THE WELD COUNTY CODE- PIONEER COMMUNITIES, INC.: Commissioner
Jerke moved to read by title only. Seconded by Commissioner Masden,the motion carried unanimously.
Mr. Barker read said title into the record. Brad Mueller, Department of Planning Services, gave a brief
overview of the first reading of Ordinance #2006-4, and stated the discussed changes have been
implemented into the text. He stated clarification of commercial uses has been modified to be referred to
as a neighborhood center, and the density range of dwelling units has been clarified to state a range of
7,389 through 12,425. He stated a new Structural Land Use Map has been produced,and the map closely
resembles the map created forthe 1-25 Mixed Use Development. In response to Commissioner Vaad,Mr.
Mueller stated grocery stores within Highlands Ranch are designated to be placed in town centers,and town
centers include retail, office, commercial, and residential uses. He further stated the uses allowed within
the neighborhood centers of the Pioneer project will be refined through the future zoning process.
Responding further to Commissioner Vaad,Mr.Mueller stated the town centers of Highlands Ranch serve
approximately 25,000 residents,and the proposal of 12,000 dwelling units would equal approximately 30,000
residents. He further stated trails, roads, and parks have been added to the map. In response to Chair
Geile, Mr. Mueller stated the neighborhood center will be limited to 200,000 square feet,and the commercial
uses will not create a competitive disadvantage for the surrounding municipalities. He further stated
language in Appendix 26-A and Policy 4.3,page 11,clarify it is the intent of the development that commercial
business be referred to the Towns of Hudson and Keenesburg. In response to Commissioner Vaad,
Mr. Mueller stated the range of dwelling units is correctly listed within the Ordinance text.
Jack Ruetzel,Pioneer Communities representative,stated Pioneer is in agreement with staff regarding the
language and intent of the Ordinance text. In response to Commissioner Vaad, Mr. Ruetzel stated the
development does not want to be considered as a detriment to the existing municipalities. Responding
further to Commissioner Vaad, Mr. Ruetzel stated letters have been sent to the leaders of the Towns of
Hudson and Keenesburg, inviting them to participate in the zoning of the development. In response to Chair
Geile, Carol Harding, Deputy Clerk to the Board, stated a copy of the Ordinance text has been sent, via
email, to the municipalities of Brighton, Fort Lupton, Keenesburg, Hudson, and Lochbuie. She stated the
copies included the dates of the second and third reading of the Ordinance;however,the minor technical
textual changes had not yet been made. Mr.Mueller read Policy4.2 into the record, regarding the support
of growth of existing businesses within the Towns of Keenesburg and Hudson. Commissioner Vaad
commented that the process is very complex, and he appreciates that the Mixed Use Development
approach was utilized,since it is a very logical approach. He stated he is in support of the Ordinance, and
Commissioner Masden concurred, and stated the 1-76 corridor is developing rapidly. Commissioner
Masden moved to approve Ordinance#2006-4 on second reading. Seconded by Commissioner Vaad,the
motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
consent agenda. Ordinance#2006-2 was approved on final reading and Ordinance#2006-4 was 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.
Minutes, May 8, 2006 2006-1302
Page 6 BC0016
There being no further business, this meeting was adjourned at 10:50 a.m.
Ei BOARD OF C'UNTY COMMISSIONERS
�, `► _ WELD CO 4 , COLORADO
ATTEST: �„e/,,�'��'l/�i 1 troisti?
° I2�ade � . eile, Chair
Weld County Clerk to the Board �� W f I
BY: �,61✓ 4L�b1-lam `�r.,,,yl..).il
David E. Long, Pro-Tem /
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the Board
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Glenn Vaad �-
Minutes, May 8, 2006 2006-1302
Page 7 BC0016
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