HomeMy WebLinkAbout20022670.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
SEPTEMBER 30, 2002
TAPE #2002-32
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 30, 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-Tern - EXCUSED
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
Controller, Claud Hanes
MINUTES: Commissioner Masden moved to approve the minutes of the Board of County Commissioners
meeting of September 25, 2002, as printed. Commissioner Geile seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Masden moved to approve the Certification of Hearings
conducted on September 25, 2002, as follows: 1) Change of Zone #622 from the A (Agricultural) Zone
District to the PUD (Planned Unit Development) Zone District, Shultz Farm, Inc., do Steven Shultz, do
Todd Hodges Design, LLC; 2) A Site Specific Development Plan and Use by Special Review Permit
#1354, Aggregate Industries West Central Region, Inc., c/o Rocky Mountain Consultants, Inc.; and 3) A
Site Specific Development Plan and Use by Special Review Permit #1392, Tri-State Generation and
Transmission Association, Inc. Commissioner Geile seconded the motion, which carried unanimously.
ADDITIONS TO AGENDA: There were no additions to the agenda.
CONSENT AGENDA: Commissioner Jerke moved to approve the consent agenda as printed.
Commissioner Geile seconded the motion, and it carried unanimously.
PUBLIC INPUT: There was no public input.
2002-2670
BC0016
WARRANTS: Claud Hanes, Controller, presented the following warrants for approval by the Board:
All Funds $1,303,931.56
Electronic Transfers -All Funds $3,494,715.65
Commissioner Masden moved to approve the warrants as presented by Mr. Hanes. Commissioner Jerke
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER ESTABLISHING THE NEIGHBORHOOD TO BE SERVED, DESIGNATING A
COMMISSIONER TO MAKE ON-SITE INSPECTION, AND SETTING THE HEARING DATE
CONCERNING THE APPLICATION OF A AND G CONCEPTS, INC., DBA BEARS SPORTS SALOON,
FOR A TAVERN LIQUOR LICENSE: Bruce Barker, County Attorney, stated this is a Transfer of
Ownership, so the same neighborhood will be served. He proposed a hearing date of October 21, 2002,
and stated a Commissioner will need to be designated to do an on-site inspection. Commissioner Jerke
moved to establish the neighborhood, designate Commissioner Geile to make an on-site inspection, and
set the hearing date for October 21, 2002, at 9:00 a.m. Commissioner Masden seconded the motion,
which carried unanimously.
CONSIDER APPLICATION FOR FEDERAL ASSISTANCE FOR REGION VIII HEAD START FOR FISCAL
YEAR 2003 AND AUTHORIZE CHAIR TO SIGN:Walt Speckman, Director of Human Services, stated this
application is requesting $2,678,203.00 for the Region VIII Head Start 2003 school year, and he
recommends approval. Commissioner Masden moved to approve said application and authorize the Chair
to sign. The motion was seconded by Commissioner Jerke, and it carried unanimously.
CONSIDER APPLICATION FOR FEDERAL ASSISTANCE FOR MIGRANT HEAD START FOR FISCAL
YEAR 2003 AND AUTHORIZE CHAIR TO SIGN: Mr. Speckman stated this is the annual application for
Migrant Head Start funding for 2003, and the Migrant Head Start Policy Council recommends approval.
Responding to Commissioner Jerke, Mr. Speckman stated these funds will be used on the Western Slope.
The previous item of business will serve Weld County. He further stated approximately 20 years ago the
Federal government requested Weld County start and operate the Grand Junction Head Start Program
because they prefer fewer contractors which cover as much area as possible rather than numerous
individual contracts. Responding further to CommissionerJerke, Mr. Speckman stated the other contractor
is Otero Junior College, which covers southwestern Colorado and the San Louis Valley. He stated the
Federal government feels it should be run by private nonprofit organizations, and it is not appropriate for
the State to run it because there are so many areas in the State that do not need a migrant program.
Commissioner Geile moved to approve said application and authorize the Chair to sign. Seconded by
Commissioner Masden, the motion carried unanimously.
CONSIDER TASK ORDER FOR PUBLIC HEALTH PREPAREDNESS AND RESPONSE FOR
BIOTERRORISM IN FOCUS AREAS A, B,AND C AND AUTHORIZE CHAIR TO SIGN: Dr. Mark Wallace,
Director of Weld County Department of Public Health and Environment, stated this task order is for Federal
funds which are being passed through the State to Weld County, which will be working with various other
Counties to focus on preparedness planning and readiness assessment, surveillance and epidemiology
capacity, and laboratory capacity for biologic agents. He stated Weld County's allocation is$224,405.00,
and the staff positions will be shared with other agencies in the region and across the State to accomplish
these goals. In response to Commissioner Geile, Dr. Wallace stated Weld County's region does not
include Boulder County, but the Health Department will interface with the Office of Emergency
Management (OEM) to be prepared for emergency response. He further stated they will work under the
OEM where they have jurisdiction; however, the State will determine the level of response needed. In
Minutes, September 30, 2002 2002-2670
Page 2 BC0016
response to Commissioner Masden, Dr. Wallace stated the new staff will be aware that if the program
funding ceases, their job positions will also cease. Responding to Chair Vaad, Dr. Wallace reviewed the
four biological agents which will be addressed under this task order, and explained that Small Pox, and
other viral agents will be dealt with by the Centers for Disease Control and Prevention laboratories.
Commissioner Masden moved to approve said task order and authorize the Chair to sign. The motion was
seconded by Commissioner Geile, and it carried unanimously.
CONSIDER TWO CONTRACT FUNDING INCREASE LETTERS FOR CONSTRUCTION AND UTILITY
PHASES OF WCR 13 AT ST.VRAIN PROJECT AND AUTHORIZE CHAIR TO SIGN: Frank Hempen,Jr.,
Director of Public Works,stated the Board previously approved the application for additional supplemental
funding to complete the bridge on Weld County Road 13 over the St. Vrain River. He stated these letters
are for construction costs and the relocation of utilities. He stated the original grant was in the amount of
$450,000,and the local match has been covered. In response to Commissioner Jerke, Mr. Hempen stated
they are ready to begin construction, and it is unlikely the Town of Firestone will annex this area any time
soon because it is one mile north of the nearest Firestone annexation. Responding to Commissioner
Geile, Mr. Hempen stated this site is also significantly south of any development for the Town of
Johnstown. Commissioner Masden moved to approve said contract funding letters and authorize the Chair
to sign. Commissioner Geile seconded the motion, which carried unanimously.
CONSIDER LICENSE AND EXCHANGE AGREEMENT FOR GEOGRAPHIC DATA AND AUTHORIZE
CHAIR TO SIGN - CITY OF DACONO: Mr. Barker stated this is a standard agreement for the sharing of
GIS data and he recommends approval. Commissioner Jerke moved to approve said agreement and
authorize the Chair to sign. Seconded by Commissioner Geile, the motion carried unanimously.
FINAL READING OF CODE ORDINANCE #2002-8, IN THE MATTER OF REPEALING AND
REENACTING,WITH AMENDMENTS,CHAPTER 14 HEALTH AND ANIMALS,OF THE WELD COUNTY
CODE, SPECIFICALLY,THE ADDITION OF ARTICLE V RULES AND REGULATIONS FOR BODY ART
ESTABLISHMENTS: Commissioner Geile moved to read Code Ordinance #2002-8 by title only.
Commissioner Jerke seconded the motion, which carried unanimously. Mr. Barker read said title for the
record. Dr. Wallace stated no changes have been proposed since the second reading and he
recommends approval. No public testimony was offered concerning this matter. Commissioner Jerke
moved to approve Code Ordinance#2002-8 on final reading. Commissioner Geile seconded the motion,
which carried unanimously.
PLANNING:
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL
FOR IMPROVEMENTS(PRIVATE ROAD MAINTENANCE)AND ACCEPT FORM OF COLLATERAL FOR
SITE PLAN REVIEW, SPR#344 -JACOB FAMILY SERVICES, C/O MIDWAY YOUTH SERVICES: Kim
Ogle, Department of Planning Services, stated staff has reviewed and recommends acceptance of the
collateral for Site Plan Review#344, in the amount of$2,500.00, to ensure the completion of fencing and
landscaping improvements on-site. Commissioner Geile moved to approve said agreement and to accept
said collateral for Site Plan Review #344 for Jacob Family Services, do Midway Youth Services.
Commissioner Masden seconded the motion, which carried unanimously.
SECOND READING OF CODE ORDINANCE #2002-7, IN THE MATTER OF AMENDING THE WELD
COUNTY CODE, SPECIFICALLY, THE ADDITION OF ARTICLE IX - LONGMONT PLANNING
AGREEMENT, TO CHAPTER 19 COORDINATED PLANNING AGREEMENTS (CON'T FROM
08/12/2002): Commissioner Geile moved to read Code Ordinance #2002-7 by title only. Commissioner
Masden seconded the motion, which carried unanimously. Mr. Barker read said title for the record.
Monica Mika, Director of Planning Services, stated at the first reading, the Board requested staff provide
clarification of the Mead and Longmont Intergovernmental Agreement (IGA) boundaries. She displayed
Minutes, September 30, 2002 2002-2670
Page 3 BC0016
a revised map of the Mead and Longmont IGA boundaries, and stated they do no overlap. She also
suggested the Board consider revising the termination date from June 2003, to a five-year term, with the
option to automatically renew unless one of the parties provides adequate notification of their intent to
terminate the agreement. Ms. Mika submitted a letter from the City of Longmont to Phil and Marsha Willis
regarding the future expansion of Union Reservoir, as well as a draft agreement regarding Sanitary Sewer
Service by the St.Vrain Sanitation District. Mr. Barker referred to a Memorandum, marked Exhibit K,which
explains one of the vested rights statutes states an application is grandfathered from the date an
application is received, and from that date forward there can be no changes to the rules and regulations
that were in effect when the application was made. He further stated the initial application starts with the
sketch plan for Planned Unit Developments; however, staff usually has comments and requests of the
applicant which may result in a delay of approval. He stated the revisions must be completed within one
year or a new application will be required. He further stated a new application may also be required if there
are major changes between the initial sketch plan and the revised version. He stated an application is
considered grandfathered unless one of those two situations applies. Mr. Barker stated this Ordinance
will be effective on November 4, 2002, and he recommended Section 6.3 of the Agreement be amended
to read as follows: "Termination. This Agreement will continue in effect until June 30, 2008, and shall be
renewed automatically thereafter for successive one (1) year periods. Notwithstanding the foregoing,
however, either party may terminate this agreement by giving at least twelve (12) months' written notice
thereof to the other party."
Phil DelVecchio, City of Longmont, Director of Community Development, stated he concurs with staffs
recommendation for an extended term; however, the City Council will need to consider the change. He
stated the intent is to have a long-term agreement, with the understanding that there are provisions for
amending and terminating the agreement, if necessary. Responding to Commissioner Geile, Dale
Rademacher, Director of Water/Wastewater Utilities, stated the St. Vrain Sanitation District Board has not
acted on the Draft Agreement yet. He stated the agreement designates the area to be served, and allows
the City to provide sewer service regardless of annexation. Roger Lang, Longmont City Council member,
stated the Longmont City Council passed a Resolution approving this IGA, and he feels it is in the best
interest of both entities to work together on development issues in the agreement area.
Don Leffler, Design Development Consultants,submitted a copy of his statement, marked Exhibit N,which
he read for the record. Commissioner Geile commented any annexation petition to the City of Longmont
must be reviewed and action taken within seven months or the property owner can apply to the County.
Mr. Leffler expressed concern with submitting an application to City or County staff that results in
numerous resubmittals required before the application is considered complete. He further stated the WCR
#1 Coalition had proposed an amendment to the existing 208 boundaries for the St. Vrain Sanitation
District; however, they have halted that process in an effort to come to a resolution with the City of
Longmont. He further stated if terms of the agreement stipulate that service in the area does not require
annexation, they will support this effort. Mr. Leffler stated they are requesting this process be continued
until the City of Longmont has completed its agreement with the St. Vrain Sanitation District to the
satisfaction of the Coalition members. Commissioner Geile commented it is the spirit of this IGA that has
brought the public into the process for review. Mr. Leffler stated without the IGA, the area residents would
have proceeded with the application to amend the 208 boundaries.
Phil Willis, area resident, expressed concern with comments made by Chair Vaad, which were quoted by
the Longmont Times Call, implying this matter is a done deal. He stated in negotiating with the City of
Longmont the City has changed its requirements and has not responded to his letters. Mr. Willis stated
it is also unclear whether his development application with the County is grandfathered or not. He stated
if this IGA is approved today, the current negotiations with the City of Longmont will no longer be to the
benefit of residents in the area. Chair Vaad stated he was quoted correctly because following the
discussion at the previous meetings, it was his impression that this is a supportable issue because he was
led to believe the negotiations between the City of Longmont and area residents were coming along and
Minutes, September 30, 2002 2002-2670
Page 4 BC0016
would not be impeded by a favorable decision. Ms. Mika reviewed staff's comments for the record
regarding the sketch plan submitted by Mr. Willis. She stated the applicant was requested to pursue
annexation options with Longmont, resubmit a revised plan to address staff's concerns, or proceed with
the current application, which would be grandfathered but receive a recommendation of denial from staff.
Ms. Mika stated the application was submitted October 18, 2001, and following a delay caused by referral
responses, a response was sent May 7, 2002. Mr. Willis stated the delayed referrals were from Weld
County departments, and the comments of concern were related to a neighboring property, not his
development. Ms. Mika explained Mr. Willis' application was submitted in conjunction with two other
properties, so some of the comments do not apply to him directly; however, many do. She further stated
the comments regarding transportation issues were not received until May 1, 2002. In response to
Commissioner Geile, Mr. Barker stated the language regarding grandfathering is part of the Code and not
a part of this agreement. He explained the issue of grandfathering is determined on a case-by-case basis,
and the decision is made by the Board at the Change of Zone phase. There being no further comments,
Chair Vaad closed public testimony.
Mr. DelVecchio referred to Exhibit N, and stated he feels the City is further in negotiations than what has
been implied by previous testimony. He stated the meetings with the City Council authorized the staff to
work to a certain point; however, the property owners have come back and asked for almost a doubling
of the density, which must be reviewed by the Council.
Responding to Chair Vaad, Mr. Rademacher stated he sent letters on August 2, 2002, to the Bogatts and
Willis, which stated the City will agree to delay annexation requirements for ten years to acquire the
property for expansion of Union Reservoir. He further stated the City will also provide sewer service
outside of City limits. Mr. DelVecchio stated that commitment also includes the Adrian property. Mr. Leffler
clarified there are 14 property owners included in the WCR #1 Coalition, with three are already in the
process of proposing development with Weld County.
Mr. Barker reviewed the proposed language for the record. Commissioner Geile moved to amend Section
6.3 of the Agreement as proposed by Mr. Barker. Commissioner Masden seconded the motion, which
carried unanimously. In response to Chair Vaad, Mr. Barker recommended the Board continue to
determine the issue of grandfathering on a case-by-case basis, rather than including it in this agreement.
Commissioner Geile suggested including a reference of the State statute. Mr. Barker stated the reference
is already in the Sketch Plan process as part of the Code.
Commissioner Jerke stated he does not feel the constituents will be better off from this IGA, and current
policy provides an opportunity for the City of Longmont to review County projects through the referral
process. He further stated the process is not specific enough to give the public clear direction, and he
expressed concern with"co-managing"developments with Longmont. CommissionerJerke stated he feels
this proposal may further restrict the property owner,and the residents can currently receive the necessary
urban services through mitigation and the referral process.
Commissioner Geile stated there are pending discussions between the property owners and the City, and
he feels this process has created a venue for all parties involved to discuss the issues. He stated there
will be a mitigation process even if there is not complete agreement between the City and County, and the
issue of public services has been resolved through the spirit of this proposal. Regarding property values,
Commissioner Geile stated property values will not be hindered or improved by this agreement, there are
provisions for termination and amendment, and there is a process to determine which developments have
been grandfathered. Commissioner Geile stated the IGA creates an agreement between two agencies
for a boundary of where water and sewer services will be made available, it requires the applicant to go
through the Longmont annexation process,and then come through the County if annexation is not feasible.
Minutes, September 30, 2002 2002-2670
Page 5 BC0016
Commissioner Masden concurred with the previous comments and stated he understands the concerns
of the property owners in the area; however, the City has agreed to delay the annexation requirement for
ten years. He stated this appears to be a good process which will be beneficial for the entire area and he
supports approval of this issue.
Chair Vaad expressed regret for his previous statements which he hopes will not hinder future relations
with constituents and friends in this area. He explained his comments were intended to imply that
grandfathering will not apply to incomplete applications. He stated he feels this IGA provides more
certainty and clarity for County property owners as to how their property can be marketed and developed
and how adjacent properties may be developed. Chair Vaad stated without an IGA, Longmont's only other
opportunity to control development, which may affect its interests, is annexation over which Weld County
has no jurisdiction. He stated this will increase order and logic to development occurring north and south
of Highway 119 leading into Weld County from the west. He further stated this agreement will also provide
cooperative consideration between two governmental agencies for long-range plans in the area,and there
are provisions for amendments and termination, if necessary.
Commissioner Geile moved to approve Code Ordinance#2002-7 on second reading,with the amendment
to Section 6.3 of the agreement regarding termination. Commissioner Masden seconded the motion,
which carried four to one, with Commissioner Jerke opposed.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. Code Ordinance#2002-8 was approved on final reading,with no changes, and Code Ordinance
#2002-7 was approved on second reading, with changes as discussed above.
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 11:20 a.m.
BOARD OF COUNTY COMMISSIONERS
WEL COUNT�� O
ATTEST: gellaW
4,4.
4) Glenn Vaad, Chair
Weld County Clerk to the •a . a
1861 • o � EXCUSED
David E. L g, Pro-Tem
BY:
Deputy Clerk to the Boat"' A. wee �
M. J. Geile
`1
Willi m Jerke
Robert D. Masden
Minutes, September 30, 2002 2002-2670
Page 6 BC0016
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