HomeMy WebLinkAbout20040642.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MARCH 1, 2004
TAPE #2004-09
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, March 1, 2004, 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 Robert D. Masden, Chair
Commissioner William H. Jerke, Pro-Tem
Commissioner M. J. Geile
Commissioner David E. Long - EXCUSED
Commissioner Glenn Vaad
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Carol A. Harding
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Vaad moved to approve the minutes of the Board of County Commissioners
meeting of February 25, 2004, as printed. Commissioner Jerke seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Vaad moved to approve the Certification of Hearings
conducted on February 25, 2004, as follows: 1)A Site Specific Development Plan and USR#1453,Tim
Felte/Douglas Young,do Shaun Roberts;2)A Site Specific Development Plan and USR#1447,Herschel
and Becky Holloway, c/o Brega and Winters, P.C.; and 3) A Site Specific Development Plan and ySR
#1437, Moises Rodriguez,do Otis,Coan and Stewart, LLC. 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 Vaad moved to approve the consent agenda as printed.
Commissioner Jerke seconded the motion, and it carried unanimously.
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BC0016
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WARRANTS: Donald Warden, Director of Finance and Administration,presented the following warrants
for approval by the Board:
All Funds $442,004.52
Electronic Transfers -All Funds $1,030,784.21
Commissioner Jerke moved to approve the warrants as presented by Mr.Warden. Commissioner Vaad
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER CONSULTANT AGREEMENT FOR MIGRANT HEAD START AND AUTHORIZE CHAIR TO
SIGN-VIRGINIA STEVENSON:Walt Speckman, Director of Department of Human Services,statedthis
is for the Olathe Head Start Center. He stated Ms. Stevenson will provide special education services for
the term March 29, 2004, through November 24, 2004. Commissioner Vaad moved to approve said
agreement and authorize the Chair to sign. Seconded by Commissioner Jerke, the motion carried
unanimously.
CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO WCR 27 (83RD AVENUE),ACCEPTANCE OF TEMPORARY CONSTRUCTION
EASEMENT,AND AUTHORIZE CHAIR TO SIGN-PATRICIA ERICKSON: Frank Hempen,Jr.,Director of
Department of Public Works,stated this is portion of right-of-way is necessary for the Sheep Draw Bridge
Project on 83rd Avenue. Compensation will be paid based on values established by the Foster Evaluation
Company and approved by the Colorado Department of Transportation. He stated the project is eligible for
80 percent Federal funds,and the total project cost is$36,980. Responding to Commissioners Jerke and
Geile, Mr. Hempen explained the project is located between U. S.34 Business and U.S.34 Bypass,and
will eventually cross a four-lane arterial road. Commissioner Vaad moved to approve said agreement and
authorize Chair to sign. The motion was seconded by Commissioner Jerke, and it carried unanimously.
PLANNING:
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR
IMPROVEMENTS (PUBLIC ROAD MAINTENANCE), AND OFF-SITE ROAD IMPROVEMENTS
AGREEMENT FOR WCR 29,AUTHORIZE CHAIR TO SIGN BOTH AGREEMENTS,AND ACCEPT TWO
FORMS OF COLLATERAL FOR MINOR SUBDIVISION FINAL PLAN, MF#603- BUXMAN: Jacqueline
Hatch, Department of Planning Services,stated collateral was received,in the amount of$65,500,for the
on-site agreement. Don Buxman, applicant, requested a change to one of the Conditions of Approval;
however,after discussion, Mr. Barker stated this is not the proper venue since it is not included in the cost
of the improvements. Mr.Buxman will contact the Department of Planning Services regarding his cons,ern.
Peter Schei, Department of Public Works, stated the off-site agreement is for improvements to Weld
County Road 29, with $4,375.00 placed into escrow as each lot is sold. Commissioner Vaad moved to
approve said agreements,authorize the Chair to sign necessary documents,and accept the two forms of
collateral for Minor Subdivision Final Plan,MF#603. The motion,which was seconded by Commissioner
Jerke, carried unanimously.
CONSIDER VACATION OF USE BY SPECIAL REVIEW#1289 FOR A4,000-HEAD DAIRY W ITH FOUR
ACCESSORY TO THE FARM DWELLING UNITS IN THE A (AGRICULTURAL) ZONE DISTRICT -
DYECREST DAIRY, C/O TERENCE DYE: Ms. Hatch stated this request is in conjunction with Recorded
Exemptions#3684 and#3685,and Subdivision Exemption#1005. She stated the original Use by Special
Review was approved by the Board in 2000 with four accessory farm dwelling units. Responding to
Commissioners Geile and Jerke, Ms. Hatch stated the status of the property is currently vacant land.
Commissioner Vaad clarified that the Dye Dairy did have several dairies in Larimer County; and the Use
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by Special Review Permit being vacated was for future expansion. Commissioner Geile moved to grant
the request of Dyecrest Dairy,do Terence Dye to vacate Use by Special Review Permit#1289, based on
approvals of Recorded Exemptions#3684 and#3685 and Subdivision Exemption#1005. Commissioner
Vaad seconded the motion, which carried unanimously.
FIRST READING OF CODE ORDINANCE#2004-1,IN THE MATTER OF REPEALING AND REENACTING,
WITH AMENDMENTS, CHAPTER 19, ARTICLE VIII, OF THE WELD COUNTY CODE (MEAD IGA
AGREEMENT)(CON'T FROM 02/09/04): Commissioner Vaad moved to read by title only. The motion,
which was seconded by Commissioner Geile,carried unanimously. Mr.Barker read the title of Ordinance
#2004-1. Monica Mika, Department of Planning Services, reviewed maps showing existing
Intergovernmental Agreement areas,MUD Boundary areas,the Mead IGA boundary area,and three parcels
which are being proposed for inclusion in the Mead IGA boundary area. She stated the Planning
Commission favorably recommended two of the parcels; however, they recommended denial of the
inclusion of the Sekich Addition. She further stated the parcels,when proposed,were outside the existing
Comprehensive Plan boundaries, and the Town of Mead has not proven it can provide services for the
Sekich addition. Responding to questions from the Board,Ms.Mika identified the existing sanitation lines.
Michael Friesen,Mead Town Administrator,requested this Ordinance be continued indefinitely. Responding
to Commissioner Geile regarding how staff would coordinate zoning in the area if the Intergovernmental
Agreement is not approved, Ms. Mika stated the Weld County Comprehensive Plan defines the urban
growth area as either an Intergovernmental Agreement area or an area of one-half mile from the existing
sanitary sewer lines;with the referral area being within three miles of the existing Town limits. Responding
to Chair Masden, Ms. Mika stated the boundary areas would covera smaller area,since the one-half fnile
referenced in the Comprehensive Plan would be the one staff adhered to. Responding to Commissioner
Geile regarding the strategic roadway plan, Mr. Friesen stated the Town Board has been waiting for the
Intergovernmental Agreement on the 1-25 Parallel Arterial Corridor Plan. Mr.Friesen stated the Mead Board
has not come to a consensus with the corridor located on the west side of 1-25,although they will probably
agree to Weld County Road 13 on the east side. Responding to Commissioner Geile, Mr. Barker stated
an Ordinance is a legislative matter and, therefore, cannot be indefinitely postponed, because of the
publication requirements. He stated it can be denied and later revisited before the Planning Commission
and the Board of County Commissioners when the issues have been dealt with. Mr.Barker stated passage
of this Ordinance would reinstate the previous Intergovernmental Agreement with an automatic renewal
clause, as well as amend the Urban Growth Boundary Map and include the three parcels previously
discussed. He stated by not approving this Ordinance, the agreement will be terminated because it will
have expired.Responding to Commissioner Geile,Mr.Barker stated there is nothing to preclude the Town
from entering into another Coordinated Planning Agreement with the County. Mr. Friesen reiterated the
Town Board has not come to a consensus about whether to continue with the agreement or how to handle
the third parcel. He also stated there is a different philosophy expressed by several Board members
regarding the use of Intergovernmental Agreements. Commissioner Vaad stated it is not the desire of the
Board of Commissioners to indefinitely postpone this matter. He stated Coordinated Planning Agreements
appear to be successful and useful when the Town is isolated; however, when two communities come
together,it always seems to run into difficult boundary conflicts. Commissioner Vaad stated he negotiated
for a long time to get the first Coordinated Planning Agreement approved, and he would like to see it
continue. Responding to Commissioner Geile,Mr.Friesen stated there apparently will not be a change in
philosophy until the April 6 municipal elections. No public testimony was given. Commissioner Vaad moved
to continue Code Ordinance#2004-1 on first reading to July 7, 2004, at 9:00 a.m. Commissioner Geile
seconded the motion. Commissioner Jerke stated there is no reason to set a"false"date,therefore,he will
vote against the motion. He stated it does not solve anything to simply pick a date in the future to rehear
the matter, and it would make more sense for the Ordinance to be reintroduced when it is ready. Chair
Masden stated he is in agreement with Commissioner Jerke. Commissioner Geile asked Mr. Friesen to
express his thanks to the Town Board for its courtesy, and he stated the recent meeting they held
addressed many of these subjects. On a roll-call vote,the motion failed with only Commissioners Geile
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and Vaad voting in favor of the motion. Mr. Barker stated a legislative matter needs to have a motion in the
affirmative in order to move forward; however,after further discussion, no motion was made. Therefore,
Ordinance #2004-1 failed due to lack of a motion.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
consent agenda. Ordinance #2004-1 failed 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.
There being no further business, this meeting was adjourned at 9:50 a.m.
BOARD OF COUNTY COMMISSIONERS
W LD COUNTY,
COLORADO
ATTEST: i^. 4 n E
<4.4)� Robert D. Masden, Chair
Weld County Clerk to th= .oa •
1861
�� ••����` �� William H. e Pro-Tem
BY: . .� [ _ �•��'
Deputy Clerk to the Bo- tfti X911
M. J. G ile
EXCUSED
David Long
Glenn Vaad
Minutes, March 1, 2004 2004-0642
Page 4 BC0016
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