HomeMy WebLinkAbout20051301.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
APRIL 27, 2005
TAPE #2005-22
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, April 27, 2005, 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 William H. Jerke, Chair
Commissioner M. J. Geile, Pro-Tem
Commissioner David E. Long
Commissioner Robert D. Masden
Commissioner Glenn Vaad
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Esther 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 April 25, 2005, as printed. Commissioner Masden seconded the motion, and it carried
unanimously.
READ ORDINANCE BY TAPE:Commissioner Masden moved to read Code Ordinance#2005-4 by tape.
Commissioner Vaad seconded the motion, which carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Vaad moved to approve the Certification of Hearing
conducted on April 25, 2005, as follows: 1) Show Cause Hearing regarding USR#1100, Joe and Rita
Gaona. Commissioner Geile 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 Long moved to approve the consent agenda as printed.
Commissioner Masden seconded the motion, and it carried unanimously.
PRESENTATIONS:
RECOGNITION OF SERVICES, RICHARD ROWE: Chair Jerke read the certificate recognizing Richard
Rowe for 28 years of service in the Department of Social Services. Judy Griego, Director of Social
Services, presented Mr. Rowe with his retirement pin, and stated she has relied on him and he has been
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a true inspiration. She stated he has been dedicated to his work, he is well respected by the community,
various agencies,and clients,and he will be missed. Mr. Rowe stated it has been a great opportunity and
an honor to work for Weld County. Ms.Griego invited the members of the Board to an open house in honor
of Mr. Rowe's retirement. Commissioner Vaad commended Mr.Rowe in preparing the job duties for John
Cruz to come in and take over, and stated he has been instrumental in helping implement the Colorado
Benefits Management System (CBMS). Commissioner Masden stated when he coordinated the
Department of Social Services, he found Mr. Rowe to be very easy to work with, professional, and
accessible to deal with situations. He thanked him for his dedication and hard work and stated he has been
a pleasure to work with. Commissioner Long concurred with the previous comments and stated Mr. Rowe
is held in high regard at the State level, and has always been very helpful in dealing with constituents.
Commissioner Geile added there has been a lot of stress in the Department of Social Services dealing with
the CBMS;however,Mr.Rowe has encouraged and helped the employees work through that. Chair Jerke
concurred with the previous comments and commended Mr. Rowe for his professionalism and standing
as a good role model.
RECOGNITION OF SERVICES, DIANNE BINDER: Chair Jerke read the certificate recognizing Diane
Binder for 27 years of service in the Department of Social Services. Judy Griego, Director of Social
Services, presented Ms. Binder with her retirement pin and stated she is a very elegant and very caring
person when dealing with clients. She stated she has always worked very close with the team and has
always had a can-do and positive attitude. Ms.Binder stated she is thankful for the opportunity to work for
Weld County, and she hopes she helped a lot of people and that the program continues to go well in the
future. Commissioner Geile stated leadership, commitment, and dedication come from those who have
been with the County for a long time, and they have helped get the other employees through the difficult
situations being dealt with at Social Services. Chair Jerke stated Social Service work is tough and he
appreciates the efforts of the employees. Commissioner Masden stated he is pleased to see good
employees benefitting from early retirement because they have done difficult work and handled it very well.
(Switched to Tape#2005-23.)
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 $341,707.84
Electronic Transfers - All Funds $2,868,346.66
Commissioner Masden moved to approve the warrants as presented by Mr.Warden. Commissioner Long
seconded the motion, which carried unanimously.
BIDS:
PRESENT BIDS: Mr. Warden stated there are no bids to present.
PRESENT AND APPROVE EXCAVATOR PURCHASE WITH TRADE-IN/2005 JOHN DEERE 160CLC-
DEPARTMENT OF PUBLIC WORKS: Mr.Warden stated the Department of Public Works recommends
approval of the trade in of a 2003 Excavator for a 2005 John Deere 160CLC Excavator, with a remaining
balance of $34,867.00. Commissioner Masden moved to approve the purchase with trade-in, as
recommended by staff. The motion,which was seconded by Commissioner Vaad,carried unanimously.
Minutes, April 27, 2005 2005-1301
Page 2 BC0016
APPROVE ALLOWABLE ALTERNATIVE VEHICLES-PARA-TRANSIT BUSES BID-HUMAN SERVICES:
Mr.Warden requested a one-week continuance to May4,2005,to allow the Department of Human Services
additional time to evaluate the machines. Commissioner Vaad moved to continue the matter to May 4,
2005. The motion, which was seconded by Commissioner Long, carried unanimously.
NEW BUSINESS:
CONSIDER APPLICATION FOR RADON AWARENESS GRANT AND AUTHORIZE CHAIR TO SIGN:
Trevor Jiricek, Department of Public Health and Environment, stated this grant will allow the Department
of Public Health and Environment to conduct a small amount of radon outreach and education, in the
amount of$6,100,with an in-kind match in the amount of$6,772. He stated the program will be coordinated
with the education and outreach done through the Household Hazardous Waste Program. He further
stated these are pass-through dollars from the Environmental Protection Agency. Chair Jerke directed Mr.
Jiricek to also coordinate this program with the Fair Board which needs assistance with a radon
presentation to the general public. In response to Commissioner Masden, Mr.Jiricek stated staff already
attends fairs and outreach events,which accounts for the in-kind funds, since they will be using existing
people to present a new topic. Commissioner Vaad stated he discussed the matter with Dr.Wallace and
this grant will not start until after the Fair; however,this is a way to get help with funding for something that
is already being done. In response to Commissioner Geile, Mr. Jiricek stated Weld County is designated
as Zone 1,which has a good likelihood for indoor radon,therefore, site-specific testing is very important.
Commissioner Vaad moved to approve said application and authorize the Chair to sign. Seconded by
Commissioner Long, the motion carried unanimously.
CONSIDER AGREEMENT FOR PURCHASE OF REAL ESTATE AND AUTHORIZE CHAIR TO SIGN -
UNION PACIFIC RAILROAD COMPANY: Leon Sievers, Department of Public Works, stated this is a
standard Union Pacific Railroad Company form for the Weld County Road 13 corridor project. He stated
this is the eleventh of thirteen properties in which the County is acquiring 0.17 acres for$5,000. He further
stated upon completion of the project, the property will be transferred to Adams County. Commissioner
Geile moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner
Vaad, the motion carried unanimously.
CONSIDER CONTRACT FOR ENERGY IMPACT GRANT AND AUTHORIZE CHAIR TO SIGN-WCR 13,
PHASE III:Mr.Warden stated under this contract the County will receive funding,in the amount of$500,000,
for the final phase of improvements to Weld County Road 13. In response to Commissioner Geile, Mr.
Warden stated the portion in Dacono will be dealt with in the next phase. Responding to Chair Jerke, Mr.
Warden stated Phases 1 and 2 are located further south, and this addresses the area between Weld
County Roads 2 and 8. He further stated these phases deal with time and funding and do not necessarily
coincide with the construction phases, and future grants will deal with the area in Dacono and the various
intersections. Commissioner Geile moved to approve said contract and authorize the Chair to sign.
Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER GRANT AGREEMENT FOR AIRPORT IMPROVEMENT PROJECT AND AUTHORIZE CHAIR
TO SIGN: Mike Riesman, Greeley-Weld County Airport Manager, stated this grant, in the amount of
$415,000,will be used for the rehabilitation of the electrical system of Runway 927,which existed prior to
the airport expansion project. He stated this is the second phase of the rehabilitation of the runway,with
the first phase redoing the pavement. Mr. Riesman stated the County will be responsible for$5,000 in
matching funds,the Airport Board has approved the agreement,and the Greeley City Council will consider
the matter next week. Responding to Chair Jerke, Mr. Riesman stated the City of Greeley will also share
in the matching funds. He explained the County and City are responsible for five percent of the overall cost.
Commissioner Vaad moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Masden, the motion carried unanimously.
Minutes, April 27, 2005 2005-1301
Page 3 BC0016
CONSIDER SUBDIVISION IMPROVEMENT AGREEMENT AND AUTHORIZE CHAIR TO SIGN-FORT
LUPTON: Mr. Warden stated this Improvements Agreement is with the City of Fort Lupton to build the
Southeast Weld Administrative Building. He stated the Fort Lupton Planning Commission approved the
agreement last night 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:
CONSIDER FIRST READING OF ORDINANCE#2005-4, IN THE MATTER OF AMENDING MAP 2.1,
STRUCTURAL LAND USE MAP,TO MODIFY THE LAND USE DESIGNATIONS-CARMA COLORADO,
C/O TOM MORTON:Monica Mika,Director of Planning Services,stated this is a different request because
the 1,313-acre property is already in the Mixed Use Development(MUD)area. She stated the applicant
plans to reconfigure the uses, modify the commercial area, and make a majority of the area eligible for
residential development. She stated the City of Longmont expressed concern with further development in
the area, and the Town of Mead recommends denial. Ms. Mika stated approximately 13,000 people are
anticipated to live in this area, and 4,926 lots will generate approximately 2,708 students for the St.Vrain
Valley School District. She stated the applicant is also proposing 530,300 square feet of retail and civic
uses,as well as 46,600 square feet of office space. There would be the addition of two elementary schools,
one middle school and two recreational facilities, all of which would be funded by a metropolitan district.
She stated the applicant has applied for a Sketch Plan and once that process is completed,they intend to
apply for a Change of Zone. ChairJerke stated the County is starting a study regarding what may be done
in this area in the future; however,the results will not be available until after the potential adoption of this
Code change,and he questioned what would happen if that study comes back and indicates other locations
are better suited for the various uses being proposed. Responding to Chair Jerke, Ms. Mika stated the
applicant has the right to proceed regardless of what other studies may be pending, and their proposal is
consistent with the existing MUD plan. She stated once the Structural Land Use map is changed, the
outcome of a future study may necessitate the need to look at further issues. Mr.Barker stated in any area
of the MUD,the study may precipitate changes that take precedence and amend the MUD that is in place
at that time. He stated that is a decision that will need to be made by the Board at that time. Responding
further to ChairJerke,Ms.Mika stated following this map amendment,the applicant will apply fora Change
of Zone, and it is very likely that the Final Plan could be complete before the study is in place.
Commissioner Vaad commented the Longmont City Council discussed that much of the MUD is already
incorporated, and he feels the County will need to approach the existing applicants and request they
consider the findings of the study, although they will not be bound by it. Ms. Mika stated they are working
with the applicant concerning the establishment of a Metropolitan District for the financing of off-site
improvements and amenities. She further stated property owners can apply for a Planned Unit
Development in the MUD, which allows for a variety of uses.
Tyler Packard represented the applicant and stated Carma Colorado stays in the community until the
development is complete, and they view this process as a partnership with the County. He stated they
anticipate a 15 to 20-year build out, and this proposal is their best guess as to what is wanted and will be
needed. He stated they are working with the various schools and public entities to address their concerns
and make the necessary accommodations, and they want to adapt with the changes of the market and
findings of the County study. In response to Chair Jerke, Mr. Packard stated if they make changes, it will
require an amendment to the MUD. He stated they have been in business for47 years,and although this
is their best estimate, they are open to change in the design. Ms. Mika stated this is just the structural
phase,and the plans will become less flexible once they get to the platting phase. She stated the applicant
is working to try and meet the County standards while maintaining balances for the future. Responding to
Chair Jerke, Mr. Packard stated there will be 108 acres of water, and Ms. Mika stated there can be active
and passive water uses. Commissioner Geile read the referral from the Town of Mead for the record. Mr.
Packard stated Mead has distinct ideas regarding growth and it uses a public vote,which is very risky for
Minutes, April 27, 2005 2005-1301
Page 4 BC0016
a developer's investment. He stated in this case they have a lot of opportunities,a Metropolitan District will
provide for off-site improvements, and they won't have that opportunity if they proceed with the Town of
Mead. Mr. Packard stated they are trying to provide affordable starter homes while providing dream homes
so people can move up while remaining in the same community. He further stated off-site improvements
will include water lines and arterial roadways;the cost will be covered by a Metropolitan District bond which
will keep the cost of homes marketable. In response to Chair Jerke,Mr. Packard stated the County's views
are similar to Carma's, and the delicate issue of planning for growth is sometimes complicated by the
specific requirements of some municipalities. Commissioner Geile commented this type of development
could potentially put a tremendous stress on the Town of Mead. Mr. Packard stated the needs of the
residents will be offered in this community,therefore,there should be very little traffic going into Mead. Chair
Jerke clarified this is not an expansion of the MUD,rather,it will relocate the designated uses. Mr. Packard
stated the primary reason for residents to go into Mead would be for schools; however, they have been
working with the School District to provide fees and try to get a school built rather than bussing children into
Mead. He stated they have dedicated 20 acres for municipal type uses, such as a library, police and fire
substations,etcetera. He further stated they have learned from prior developments that those services are
needed, and they are also planning to use 18 acres for soccer and ball fields, and improved lakes with
parks,which will be dealt with under the Metropolitan District. In response to Commissioner Masden, Mr.
Packard stated they will provide landscape buffers in an effort to establish and define their community.
Chair Jerke commented there is a big difference between a strip of landscape buffer and acres of open
space or agricultural uses, which is preferred by surrounding municipalities. Commissioner Vaad
commented all of the communities felt the buffering should be the responsibility of the surrounding property
owners, and there are instances where shared buffer areas are a benefit to all of the parties involved.
No public testimony was offered concerning this matter. In response to Commissioner Geile,Mr. Packard
stated Carma has been working in Colorado since 1996, and is a privately held entity of Brookfield
Properties. He further stated Carma is a master planned community developer that sells the lots to
homebuilders and stays involved to ensure the community looks like the initial proposal. Responding to
Chair Jerke,Mr.Packard stated there are no legal means that keeps them there until the end;however,they
choose to build relationships with the municipal and governmental agencies. He further stated Carma does
the funding for the infrastructure and then uses a bond as a recovery method versus bonding to do the
improvements.
Responding to Commissioner Vaad, Ms. Mika stated the second reading is May 16, the final reading is
June 6,and the amendment will be effective June 20,2005. Chair Jerke commented there is the likelihood
of work sessions and future readings if the Board has more questions on the detail of the development. Mr.
Barker cautioned this is the conceptual phase,and the Board should delay that type of discussion until the
Change of Zone and Final Plan phases.
Commissioner Masden moved to approve Ordinance#2005-4 on first reading. The motion, which was
seconded by Commissioner Geile, carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
consent agenda. Ordinance#2005-4 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.
Minutes, April 27, 2005 2005-1301
Page 5 BC0016
There being no further business, this meeting was adjourned at 10:15 a.m.
BOARD OF COUNTY COMMISSIONERS
\'� f 4% WELD COUNTY, COLORADO
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.0051
ATTEST: MM' >'
'r,�„+. William H. Jer hair
Weld County Clerk to the Bo-lt r.
1°0�j M. J. le, Pro-Tem
BY:
eputy Clerk to the Board
D 'd E. Long
Rob asde laLesc
Glenn Vaad
Minutes, April 27, 2005 2005-1301
Page 6 BC0016
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