HomeMy WebLinkAbout20022611.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
SEPTEMBER 23, 2002
TAPE #2002-31
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, September 23, 2002, 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 Glenn Vaad, Chair
Commissioner David E. Long, Pro-Tem
Commissioner M. J. Geile
Commissioner William H. Jerke
Commissioner Robert D. Masden
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Esther E. Gesick
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Long moved to approve the minutes of the Board of County Commissioners
meeting of September 18, 2002, as printed. Commissioner Masden seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Long moved to approve the Certification of Hearings
conducted on September 18, 2002, as follows: 1) Change of Zone #609 from the A (Agricultural) Zone
District to the E(Estate)Zone District, Steven Klen and Lori Guttenstein;and 2)Change of Zone#589 from
the A (Agricultural) Zone District to the E (Estate) Zone District, Elva Griffith/Ric Hansen, do Mikal
Torgerson. Commissioner Jerke seconded the motion, which carried unanimously.
ADDITIONS TO AGENDA: There were no additions to the agenda.
CONSENT AGENDA: Commissioner Masden moved to approve the consent agenda as printed.
Commissioner Geile seconded the motion, and it carried unanimously.
PUBLIC INPUT: There was no public input.
2002-2611
BC0016
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $309,774.59
Commissioner Long moved to approve the warrants as presented by Mr. Warden. Commissioner Jerke
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER GRANT APPLICATION FOR LONG TERM CARE OMBUDSMAN ADVOCATE/FRIENDLY
VISITOR PROGRAM AND AUTHORIZE CHAIR TO SIGN: Walt Speckman, Director of Human Services,
stated this is the annual grant application for funds which will be used to provide elder abuse prevention
programs to long term care staff and develop and maintain the volunteer Ombudsman Program.
Commissioner Masden moved to approve said application and authorize the Chair to sign. Seconded by
Commissioner Long, the motion carried unanimously.
CONSIDER AGREEMENT FOR CONVEYANCE OF EASEMENT, AND ACCEPTANCE OF GRANT OF
PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS
TO WCR 15 AND AUTHORIZE CHAIR TO SIGN - PAUL NELSON DAIRY FARM, LLC: Frank Hempen,
Jr., Director of Department of Public Works, stated these documents are for the construction project on
Weld County Road 15, which has been scheduled for next year. He stated the total cost will be $800 and
he recommends approval.Commissioner Geile moved to approve said agreement,accept said easements,
and authorize the Chair to sign. The motion was seconded by Commissioner Long. In response to
Commissioner Jerke, Mr. Hempen stated the temporary easement will cost $300 and the permanent
easement will cost $500. There being no further discussion, the motion carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF A
PORTION OF WCR 81 AND AUTHORIZE CHAIR TO SIGN - RANDE AND CHERI NEWHARD: Mr.
Hempen stated this is a standard Nonexclusive License agreement for the use of Weld County Road 81
right-of-way, extending three-quarters of a mile south from Weld County Road 74, to provide access to a
Recorded Exemption lot. Commissioner Jerke moved to approve said agreement and authorize the Chair
to sign. Seconded by Commissioner Geile, the motion carried unanimously.
CONSIDER FORM OF LAW ENFORCEMENT SERVICE AGREEMENT AND AUTHORIZE CHAIR TO
SIGN: Bruce Barker, County Attorney, stated the Law Enforcement Service Agreement has been in place
for ten years, and provides for off-duty Sheriff's deputies to provide law enforcement services in small
municipalities. He noted the form needs to be corrected to reflect the current rate of$35.00 per hour. In
response to Chair Vaad, Mr. Warden stated the hours, overhead, and services are all budgeted for.
Commissioner Masden commented this situation has worked well for small communities. Responding to
Commissioner Jerke, Mr. Warden stated 911 is getting away from receiving miscellaneous calls after
hours; however, the 911 staff will continue to receive emergency calls which would be dispatched to the
appropriate off-duty Sheriff's deputies in the areas that have agreements. He further stated the County
will be responsible for the communications equipment, such as radios, in the patrol cars. Commissioner
Long moved to approve said form of the Law Enforcement Service Agreement,with instructions to correct
the hourly rate, and authorize the Chair to sign all necessary documents. The motion, which was
seconded by Commissioner Jerke, carried unanimously.
Minutes, September 23, 2002 2002-2611
Page 2 BC0016
CONSIDER FORM OF AMENDMENT TO AGREEMENT FOR MUNICIPAL JAIL SERVICES AND
AUTHORIZE CHAIR TO SIGN: Mr. Barker stated the Agreement for Municipal Jail Services is amended
to reflect the current term and reimbursement rates per day, per offender, for reimbursement to Colorado
counties for holding backlogged Department of Corrections' inmates. He stated there are numerous
municipalities which have an agreement with the County and he recommends approval of the form of the
amendment rather than approving each individually. Commissioner Masden moved to approve said form
of the Amendment to the Agreement for Municipal Jail Services and authorize the Chair to sign all
necessary documents. Seconded by Commissioner Geile, the motion carried unanimously.
CONSIDER CONTRACT AMENDMENT #3 FOR COMMUNITY CORRECTIONS SERVICES AND
AUTHORIZE CHAIR TO SIGN: Jan Zuber, Community Corrections Board, stated this is an amendment
to the current contract in compliance with State requirements. Commissioner Geile moved to approve said
amendment and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried
unanimously.
CONSIDER APPOINTMENT TO BOARD OF TRUSTEES FOR NORTH COLORADO MEDICAL CENTER:
Commissioner Long moved to appoint William Fisher to the Board of Trustees for North Colorado Medical
Center,to replace Robert Hessler,with a term to expire January 11, 2005. Commissioner Jerke seconded
the motion, which carried unanimously.
CONSIDER RESOLUTION RE: DECLARE CERTAIN EQUIPMENT AS SURPLUS PROPERTY AND
AUTHORIZE SALE OF SAME: Claud Hanes, Controller, submitted a revised list of equipment which will
be taken to auction in Loveland. He explained the sale is done in conjunction with Larimer County, which
has contracted with an auctioneer. Weld County will be responsible for paying the commission of 3.45
percent. Commissioner Long moved to approve said Resolution. Commissioner Geile seconded the
motion, which carried unanimously.
CONSIDER AGREEMENT FOR ANNUAL COST OF LIVING ADJUSTMENT AND AUTHORIZE CHAIR
TO SIGN-AFFILIATED COMPUTER SERVICES, INC. (ACS): Mr.Warden stated this agreement reflects
a 1.71 percent cost of living increase for 2003, and he recommends approval. Commissioner Masden
moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Geile,the
motion carried unanimously.
PLANNING OLD BUSINESS:
CONSIDER MOBILE HOME PERMIT,ZPMH#2307- RICHARD CALRSON (CON'T FROM 08/26/2002):
Wendy Inloes, Department of Planning Services, stated the applicant has indicated he will remove the
mobile home from the property, therefore, staff recommends this case be referred back to staff. She
explained the remainder of issues on the property will be addressed by the Zoning Compliance Officer
through the violation process. Responding to Commissioner Geile, Ms. Inloes stated there was a $50
application fee; however,staff does not typically refund the amount once a case is this far into the process.
She added the applicant has not requested a refund at this time. Commissioner Jerke moved to deny said
Zoning Permit for a Mobile Home, ZPMH #2307, for Richard Carlson. Commissioner Masden seconded
the motion. Mr. Barker expressed concern with denying this cause because the applicant is not present
to address the board. He further stated the applicant did request to withdraw the application, therefore,
there technically is nothing to deny. Commissioners Jerke and Masden agreed to amend the motion to
acknowledge the withdrawal and refer the matter back to Planning Services. There being no further
discussion, the motion carried unanimously.
Minutes, September 23, 2002 2002-2611
Page 3 BC0016
PLANNING NEW BUSINESS:
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR IDAHO CREEK PLANNED UNIT
DEVELOPMENT, S #554, PHASE 1 - KB HOME OF COLORADO, INC.: Kim Ogle, Department of
Planning Services, stated the Department of Planning Services staff inspected the site on May 14, 2002,
and determined that the non-transportation items still need to be completed. Don Carroll, Department of
Public Works, stated the First Filing transportation items have been completed, and he is requesting the
Board retain fifteen percent of the collateral amount for the period of one year for internal asphalt and
improvements to Weld county Road 7.5. In response to Chair Vaad, Mr. Ogle stated staff recommends
releasing the initial collateral and accepting a Surety Rider to reduce the bond from $2,001,967.00 to
$533,454.00. CommissionerJerke moved to cancel and release said collateral,and accept a Surety Rider
for Idaho Creek Planned Unit Development, S #554, Phase 1, for KB Home of Colorado, Inc.
Commissioner Geile seconded the motion, which carried unanimously.
CONSIDER MOBILE HOME PERMIT, ZPMH #2319 - MARY AND GORDON RUPERT: Ms. Inloes gave
a brief description of the location of the site, and stated staff recommends denial of this application
because it does not meet the intent of an accessory to the farm. She explained there is a limited alfalfa
crop which does not require full-time help on a daily basis. Responding to Commissioner Geile, Ms. Inloes
indicated the location of the existing residence and the mobile home, which are located on 120 acres.
Gordon Rupert, applicant, stated he lives near the Town of LaSalle, and the area has been experiencing
some theft and vandalism. He stated the mobile home is approximately 300 feet from the house, and his
son lives there to assist with the farming operations and provide additional security near the shop and
equipment because it takes a Sheriff's Deputy approximately 30 minutes to arrive on site. He further
stated the alfalfa crop has been limited due to the drought, so his son works on the site three days a week
and also works off site. Mr. Rupert stated he understands the permit would be on a temporary basis, and
if the use ceases, he will remove the mobile home within 30 days. Chair Vaad commented the applicant's
testimony indicates the resident will not be principally employed at the site,and he reviewed the alternative
of a Recorded Exemption with the applicant. Ms. Inloes stated a Recorded Exemption would create two
separate legal parcels for two permanent dwellings. Chair Vaad suggested continuing this matter for two
weeks to allow the applicant adequate time to consider the option of applying for a Recorded Exemption.
Commissioner Jerke expressed concern with continuing this matter and beginning another. Chair Vaad
stated the continuance would only be for the purpose of either proceeding or withdrawing this application.
If withdrawn, the applicant will have to submit a Recorded Exemption application and start a separate
process. Commissioner Jerke moved to continue Zoning Permit for a Mobile Home, ZPMH #2319, for
Mary and Gordon Rupert, to October 7, 2002, at 9:00 a.m. The motion, which was seconded by
Commissioner Masden, carried unanimously.
FINAL READING OF CODE ORDINANCE #2002-6, IN THE MATTER OF AMENDING THE WELD
COUNTY CODE, SPECIFICALLY, CHAPTER 22, COMPREHENSIVE PLAN: Commissioner Masden
moved to read Code Ordinance #2002-6 by title only. Commissioner Long seconded the motion, which
carried unanimously. Bruce Barker, County Attorney, read said title for the record and stated changes
were proposed by Karla Grieser in a letter, marked Exhibit N,which he reviewed for the record. He stated
due to duplicated text in Section 22-2-190, R.Goal 7 and R.Policies 7.1, 7.2 were incorporated into
R.Goal 1 and R.Policy 1, and Policy 7.3 was moved to become R.Policy 1.3. In Section 22-3-140
(T.Goal 2) regarding a Countywide trail system, Ms. Grieser proposed changing the word "promoted" to
"considered" so the property owner can determine the appropriateness of such an amenity. Mr. Barker
stated Section 22-5-30.B.1 included two references to the word "significant" and Ms. Grieser proposed it
be changed to "critical." She also suggested amending Sections 22-1-50.C.2.e and 22-1-140.E.5 to
change the word "evaluating" to "achieving," and to remove "the effect of' from Section 22-2-20.H. Mr.
Barker stated Ms. Grieser's letter also requested the phrase "in areas encroached up" be deleted from
Section 22-2-50.C, and that"encroached by"be removed from Section 22-2-60.G. He stated Ms. Grieser
requested Section 22-2-190.B.1 be amended to add the word "urban" before the word "residential," and
Minutes, September 23, 2002 2002-2611
Page 4 BC0016
that Section 22-2-200 be amended to include the language as proposed by the Committee and agreed to
by the Board during previous work sessions. Mr. Barker stated the remainder of her comments are
proposed grammatical changes which he supports. After discussion the Board indicated its approval of
the phrase "currently available or reasonably obtainable."
Carla Grieser,Comprehensive Plan Review Committee member,summarized her proposed changes,and
suggested Section 22-5-10.A be corrected to state,"Because natural resources are limited, it is critical that
a balance be obtained between increased growth and the natural resources within the County.
Arlan Marrs, Comprehensive Plan Review Committee member, stated he concurs with Ms. Grieser's
comments, and added it was the Committee's intent to allow for creativity to occur in Planned Unit
Developments.
Mike Miller, Planning Commissioner, addressed Ms. Grieser's suggestions by stating he feels it is the
County's responsibility to"consider"the options for a property, not to assist the public in "achieving"their
development goals if they are not consistent with the area. He further stated the word"encroached"could
be replaced with "impacted"; however, he does not view this as a significant issue. Mr. Miller stated the
phrase "currently available or reasonably obtainable" does not work in Section 22-2-90.A and should be
removed; however,the phrase does need to be added to Section 22-2-100.B to replace"can be obtained."
He further stated the language under Section 22-2-200 was removed during the work session process and
does not need to be reconsidered,and he feels the word"promoted"is appropriate and does automatically
imply approval if the use is not appropriate. Mr. Miller further stated significant wildlife habitat is a
commonly used term, and although it has a broader meaning the intent is to protect all significant wildlife
habitat. Responding to Chair Vaad, Mr. Miller stated he agrees with using "currently available and/or
reasonablely obtainable." Mr. Barker stated the Board did not make a final decision regarding the phrase,
so that will need to be determined today. Commissioner Jerke expressed concern with requiring
developers to meet both standards, so he proposed the two modifiers and he prefers "currently available
or reasonably obtainable." Commissioner Geile stated he supports using the modifiers; however, they
need to use "and/or" so the requirement is not too restrictive. Commissioners Long and Masden
concurred.
Following a review of each item discussed Commissioner Geile moved to approve Code Ordinance
#2002-6 on final reading with the changes as proposed in Exhibit N, with the exception that
Sections 22-1-50.C.2.e and 22-1-140.E.5 remain as printed to keep the word "evaluating" rather than
"achieving," that Section 22-2-190.B.1 remain as printed rather than adding the word "urban" before the
word"residential,"and that Section 22-2-200 remain as printed rather than adding the language proposed
by Ms. Grieser. His motion also included amending Section 22-5-10.A to move the word "between" after
the word "obtained," deleting the phrase "that are currently available or reasonably obtainable" from
Section 22-2-90.A, and replacing the phrase "can be obtained"with "is currently available or reasonably
obtainable"in Section 22-2-100.B. Commissioner Long seconded the motion,which carried unanimously.
Commissioner Geile commended the members of the Comprehensive Plan Review Committee, the
Planning Commission, and the various staff members who all contributed many hours in working together
to create a document which he feels will guide the residents of Weld County, and give the County a basis
for considering and defining the issues. Commissioners Jerke, Long, Masden, and Chair Vaad all
concurred.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. Code Ordinance #2002-6 was approved on final reading with changes as discussed above.
Minutes, September 23, 2002 2002-2611
Page 5 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 11:00 a.m.
BOARD OF COUNTY COMMISSIONERS
���� ','�_` WELD COUNTY, COLORADO
ATTEST: atelM��'/i" '/I,l �'• �- /w` w . ( /
le, ` Glenn Vaad, Chair
Weld County Clerk to the :fr.:+I•'4)
EXCUSED DATE OF APPROVAL
�' �� i,e- 11'.
David E. L g, Pro-Tem
BY: (�c?G71-=Z, c, �1+�f 1 �,�
Deputy Clerk to the Board % �e n7 ,/d,/
M. J. Gei e
EXCUSED DATE OF APPROVAL
Iliam H. Jererke1M
Robert Ma den
Minutes, September 23, 2002 2002-2611
Page 6 BC0016
Hello