HomeMy WebLinkAbout20042269.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
AUGUST 2, 2004
TAPE #2004-31
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, August 2, 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-Tern
Commissioner M. J. Geile
Commissioner David E. Long
Commissioner Glenn Vaad
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Carol A. Harding
Controller/Treasurer, Claud Hanes
MINUTES: Commissioner Jerke moved to approve the minutes of the Board of County Commissioners
meeting of July 28,2004,as printed. Commissioner Long seconded the motion,and it carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: David Norcross, Mayor of Fort Lupton, stated they are currently preparing the 2005
budget, and he has asked Chief Garner to increase the contribution to the Weld County Drug Task Force.
He stated in the last six months,four raids have been conducted and,if approved,the contribution from Fort
Lupton will be tripled. He expressed his concern for the high rate of fatalities on the highways in southern
Weld County, and stated the City participated in a state-wide DUI checkpoint program on July 24, 2004,
which was very successful. He asked the Board to consider more deputies for the southern area of the
County in the 2005 budget.
CONSENT AGENDA: Commissioner Vaad moved to approve the consent agenda as printed.
Commissioner Geile seconded the motion, and it carried unanimously.
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2004-2269
BC0016
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WARRANTS: Claud Hanes, Controller/Treasurer, presented the following warrants for approval by the
Board:
All Funds $753,396.94
Electronic Transfers -All Funds $1,107,900.33
Commissioner Long moved to approve the warrants as presented by Mr. Hanes. Commissioner Jerke
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER PURCHASE OF SERVICE AGREEMENT FOR HOME HEALTH CARE AND AUTHORIZE
CHAIR TO SIGN-REHABILITATION AND VISITING NURSE ASSOCIATION: WaltSpeckman, Director of
Human Services,stated this is an ongoing program,which helps keep people in their homes and away from
more expensive health care options. Commissioner Vaad moved to approve said agreement and authorize
the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF WCR 1 BETWEEN STATE HIGHWAY 66 AND EAST 9TH
AVENUE: Frank Hempen, Jr., Director of Public Works, stated Weld County Road 1 will be closed from
August 9 through August 13, 2004, for rotomilling and overlay. He stated the detour was worked out with
Longmont to carry traffic to the west. Responding to Commissioners Vaad and Jerke, Mr. Hempen
specified the exact detour and stated this portion of road is the fiscal responsibility of Weld County, since
it is still in an unincorporated area,and is one that we maintain. Commissioner Long moved to approve said
closure. The motion, which was seconded by Commissioner Geile, carried unanimously.
CONSIDER RENEWAL APPLICATION FOR 3.2 PERCENT BEER RETAIL LICENSE AND AUTHORIZE
CHAIR TO SIGN-OUR LITTLE STORE, LLC, DBA OUR LITTLE STORE: Bruce Barker, County Attorney,
stated the Sheriff's Office indicated no concerns regarding this renewal. Commissioner Geile moved to
approve said renewal and authorize the Chair to sign. The motion was seconded by Commissioner Long,
and carried four to one with Commissioner Jerke voting against said renewal on a roll call vote.
CONSIDER RENEWAL APPLICATION FOR TAVERN LIQUOR LICENSE AND AUTHORIZE CHAIR TO
SIGN-J. MONTES, INC., DBA EL RODEO NIGHT CLUB: Mr. Barker stated the Sheriff's Office indicated
no concerns regarding this renewal. Commissioner Long moved to approve said renewal and authorize
the Chair to sign. Seconded by Commissioner Geile, the motion carried four to one with Commissioner
Jerke voting against said renewal on a roll call vote.
CONSIDER RENEWAL APPLICATION FOR HOTEL AND RESTAURANT LIQUOR LICENSE AND
AUTHORIZE CHAIR TO SIGN - RAMON ZAVALA, DBA EL VAQUERO: Mr. Barker stated the Sheriffs
Office did not indicate concerns regarding this renewal; however, he requested this matter be continued
one week to allow him to verify that Officer Wagner does not have concerns. Commissioner Long moved
to continue this matter to August 9, 2004,at 9:00 a.m.. The motion,which was seconded by Commissioner
Geile, carried unanimously.
CONSIDER RESOLUTION RE: CERTIFYING THE NEED FOR THE PROVISION OF HEALTH CARE
SERVICES IN VARIOUS LOCATIONS WITHIN WELD COUNTY: Mr. Barker stated Lee Morrison,Assistant
County Attorney, is not present and requested the Board hear this item later in the agenda.
Minutes, August 2, 2004 2004-2269
Page 2 BC0016
CONSIDER FORM OF 2004 MASTER VERSION OF MEMORANDUM OF INTERGOVERNMENTAL
AGREEMENT FOR CONDUCT OF GENERAL ELECTIONS: Mr. Barker stated this is the same agreement
that has been used for the past ten years, with only minor modifications as State statutes have been
updated. He stated by approving the form of the agreement, the Chair will be authorized to sign the
individual agreements with various Weld County entities as they are received. Commissioner Vaad moved
to approve the form of the 2004 Master Version and authorize the Chair to sign said agreements. The
motion, which was seconded by Commissioner Jerke, carried unanimously.
CONSIDER RESOLUTION RE: DECLARE CERTAIN EQUIPMENT AS SURPLUS PROPERTY AND
AUTHORIZE SALE TO STEVE APGAR: Mr. Hanes stated this is the last remaining coach ambulance from
1986, for which $6,000 has been offered. He stated it is the last alternative to recoup any costs.
Commissioner Long moved to approve the draft Resolution. The motion, which was seconded by
Commissioner Jerke, carried unanimously.
CONSIDER APPOINTMENT OF DEPUTY DISTRICT ATTORNEY-DAVID CHEVAL: CommissionerJerke
moved to approve said appointment. The motion, which was seconded by Commissioner Vaad, carried
unanimously.
CONSIDER RESOLUTION RE: CERTIFYING THE NEED FOR THE PROVISION OF HEALTH CARE
SERVICES IN VARIOUS LOCATIONS WITHIN WELD COUNTY: Lee Morrison,Assistant County Attorney,
stated the provision of health care is a matter of reporting to the Internal Revenue Service(IRS). He stated
IRS regulations require not-for-profit agencies to establish the fact the clinic is necessary for health care
in the County. Mr. Morrison stated the Board has previously certified the need for three other clinics; this
resolution would add certification of one in Windsor to the list. He stated it does not matter whether the
clinic is inside or outside of the municipality, it is the Board that needs to do the certification. Commissioner
Jerke moved to approve the draft Resolution. The motion,which was seconded by Commissioner Vaad,
carried unanimously.
CONSIDER APPOINTMENT OF TIM NORMANDIN TO WELD COUNTY RETIREMENT BOARD:
Commissioner Vaad moved to approve said appointment. The motion, which was seconded by
Commissioner Long, carried unanimously.
PLANNING:
CONSIDER RESCHEDULING OF LAND USE HEARING FROM JULY 28,2004-COZ#1032, UIV LAND,
LLC, C/O NOLAN ULMER: Mr. Barker stated the next three items are required because of the lack of a
quorum on July 28, 2004. Commissioner Jerke moved to reschedule COZ#1032 to August 11, 2004, at
10:00 a.m. The motion, which was seconded by Commissioner Long, carried unanimously.
CONSIDER RESCHEDULING OF LAND USE HEARING FROM JULY 28, 2004- USR PERMIT#1476,
TROY AND JUDY HEFNER: Commissioner Vaad moved to reschedule USR#1476 to August 11, 2004,
at 10:00 a.m. The motion, which was seconded by Commissioner Geile, carried unanimously.
CONSIDER RESCHEDULING OF LAND USE HEARING FROM JULY 28, 2004 - USR PERMIT#1472,
WES MOSER AND SONS, INC., C/O NOAH'S BARK/JOJO AND STEVE POMEROY, C/O
AGPROFESSIONALS, LLC: Commissioner Vaad moved to reschedule USR#1472 toAugust4,2004, at
10:00 a.m. The motion, which was seconded by Commissioner Jerke, carried unanimously.
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR USE BY SPECIAL REVIEW
PERMIT#1413-ANTHONY NAVARRO, DBA ACTION PURSUIT PAINTBALL: Monica Mika, Director of
Planning Services, recommended full release of said collateral. Don Carroll, Department of Public Works,
stated on July 19,2004,he conducted a site investigation and verified that all transportation items have been
Minutes, August 2, 2004 2004-2269
Page 3 BC0016
completed. Commissioner Vaad moved to release said collateral. The motion, which was seconded by
Commissioner Long, carried unanimously.
SECOND READING OF CODE ORDINANCE #2004-6, IN THE MATTER OF REPEALING AND
REENACTING,WITH AMENDMENTS,CHAPTER 22 COMPREHENSIVE PLAN,AND CHAPTER 26 MIXED
USE DEVELOPMENT, OF THE WELD COUNTY CODE - MELODY HOMES / DR HORTON:
Commissioner Geile moved to read Ordinance#2004-6 by title only. The motion,which was seconded by
Commissioner Long,carried unanimously. Mr. Barker read the title of said Ordinance. Ms. Mika stated she
spoke to Phil DeVecchio from the Town of Longmont, who requested her to direct the Board to the
concerns listed by the Town in its referral. Ms. Mika stated the Mead Intergovernmental Agreement(IGA)
boundaries presented during the first reading were correct, and she displayed a series of maps indicating
the previous Mead IGA boundaries,the Mixed Use Development(MUD)boundaries, boundaries of various
municipalities, and a side by side comparison of several maps. Ms. Mika stated the municipal boundaries
of Mead may not match its current boundaries; however,she explained that annexations are not complete
or recognized by the County until they are recorded. She stated there are three annexations that have not
been recorded,and she displayed them on a map entitled, "Mead Proposed Annexations". Responding to
Commissioner Jerke, Ms. Mika stated one of the reasons there may be a delay in recording an annexation
is that it cannot be recorded until the annexation agreement between the property owners and municipality
is complete. Commissioner Geile stated that during meetings with mayors all over Weld County,the Town
of Mead is the only one complaining about not receiving information on a timely basis. Ms. Mika stated that
after an application is received,staff sends a notice to all referral agencies; however,the entire application
materials are not sent to every referral. She stated that several years ago staff started sending materials
to Mead via Certified Mail and, in this case, staff did receive a comment back saying the application was not
complete. She stated it is not in the purview of the Town to determine whether an application is complete,
and comments received from referral agencies are not sent around to other referral agencies, Ms. Mika
stated staff has extended an invitation to all referral agencies to come in and look at the entire case file.
Responding to Commissioner Geile, Ms. Mika stated most referrals received by the County from Mead are
received; however, staff does not always get a full two weeks to respond. Mr. Barker stated an annexation
becomes final when the plat is recorded, and the County tries to put it on the GIS system from that
recording. He stated there may be a delay by the municipality,and there may be conditions to be met prior
to recording; however, the annexation date is the date the plat is recorded.
Mike Friesen, Mead Town Manager, stated the map presented by Ms. Mika appears to be correct, and he
indicated the areas that are in the process of annexation. Mr. Friesen stated the mylars for the Fredrickson
Farm Annexation have been taken to the Clerk and Recorder for recording, and the only thing pending for
the Centex Annexation is the annexation agreement. Responding to Commissioner Geile, Mr. Friesen
stated the only annexation that has been approved by the voters is the CentexAnnexation,and all the others
are still in the hearing process, prior to an election. Mr. Friesen stated the draft of the Comprehensive Plan
was mailed to allow a 15-day notice. Responding to Commissioner Geile, Mr. Friesen stated the Plan
should be adopted by August 30th. He stated a public hearing was held at Planning Commission, and over
1,000 flyers were mailed out to residents in the area,with 40 copies of the draft sent to all the entities within
the area. Mr. Friesen stated the second public hearing will be at the end of August. Responding to
Commissioner Geile, Mr. Friesen reiterated the Town has been working on the Comprehensive Plan since
January; however, it has not yet been approved.
Mr. Friesen stated changes appear to have been made since the project was on the Planning Commission
Agenda,since itwas listed at that time as including regional,commercial,and employment center; however,
it now refers to regional, park, school site and neighborhood center, although the Town has not received
a new sketch plan, so they are uncertain about what has changed. He stated it is difficult to keep up with
changes to applications, since new sketch plans are not sent out and they cannot react to changes made
in applications. Ms. Mika stated the regional/commercial was included when originally received, to allow
the inclusion of all intensities, however,she recommended exclusion at the Planning Commission Hearing
Minutes, August 2, 2004 2004-2269
Page 4 BC0016
because it was not applicable. She stated Mr. Friesen was present and heard that testimony. She stated
there is no sketch plan pending; and this case is only for the inclusion of the property into the MUD. When
an application is filed for the development of the land, a preliminary sketch plan will be available. Mr. Friesen
stated the application is a very bare bones proposal which is trying to address the MUD criteria; however,
it fails to make a strong case as to why the MUD should be expanded, in comparison to the other
alternatives available to the applicant. He stated the applicant only states it is a business decision on their
part not to attempt annexation into Mead. Mr. Friesen stated the site is contiguous and eligible for
annexation, and Mead is a reasonable alternative. He stated the parcels outside the MUD are not"unusable
remnants", as referred to in the application, and the applicant is trying to build a case about the lack of
alternatives to try to characterize their project as being injured if it is not allowed into the MUD; however,the
suitability for development is the same whether the property is located within the MUD or in Mead. Mr.
Friesen stated there is no greater infrastructure advantage to being in the MUD,and if this project is allowed
into the MUD without the applicant having to pave Weld County Road 7,they will be taking advantage of the
upgrade without paying a fair share. Mr. Friesen stated he agrees with the Town of Longmont about the lack
of an adequate transportation infrastructure, and he stated most traffic will travel north on Weld County
Road 7 and, therefore, impact the Town of Mead. He also stated the application states the development
will generate 3,000 residents; however, itwill more likely be 3,600 residents. Responding to Chair Masden
regarding the benefits of annexing into Mead, Mr. Friesen stated the residents would share an entire range
of services and amenities that comes with being a municipality, including recreational programs, senior
programs, and community festivals, as well as plowing streets. Mr. Friesen stated that at the Planning
Commission hearing, there was considerable discussion about services which would be provided by a
Homeowners' Association. He stated that relying on municipal services to be provided through a
Homeowners' Association is dangerous, and leads to citizens believing they pay the same amount as
everyone else but receive second class services. He stated it is problematical to rely on a Homeowners'
Association function as a mini-municipality. Mr. Friesen stated the Town questions why the County
continues to consider urban density projects adjacent to municipalities, and he said the applicant has not
made a compelling case to be unincorporated. Responding to Commissioner Geile, Mr. Friesen stated the
Town of Mead does not provide water, sewer, or schools. Commissioner Geile stated it is unclear why
the applicant should want to annex to the Town. Responding further to Commissioner Geile regarding the
services offered by the Town, John Hird, Trustee, stated it becomes more of a political discussion. He
stated the Town is conservative, and is a small governmental entity. He stated they got out of the business
of providing water, since it basically equated to an unfair tax because the Town was buying the water from
the water district and adding a charge to it. He stated the 208 boundaries for sewer were written for
topographical reasons, and it is not cost efficient to install lift stations to serve the far side of the railroad
track. Mr. Hird stated this development has the effect of creating a small city adjacent to the Town of Mead.
He stated last week Town officials met with the Mountain View Fire District regarding the relocation of a
station into Mead from Firestone. He also stated Mead is a growing community which currently contracts
law enforcement services through the Weld County Sheriffs Department, although the Town is planning
to provide its own police department when it is economically feasible. Mr. Hird stated the impact fees from
this development would help pay for that change. Mr. Hird stated all the response times for fire are within
national response times, and in the future the Town will have to build its own fire department,which would
also be funded through impact fees from this development. Mr. Hird stated the Town parks and recreation
programs, such as Little League, are going to be impacted by this project; however, his overall objection
is that with 2,500 to 3,000 additional residents,the Town will have an impact without any impact fees being
collected by the Town. Mr. Hird also stated he does not believe the application meets the requirements of
Section 22-1-105.B.3, and the dates of filing were incorrect.
Ken Poncerelli,representative for the applicant, rebutted the comments made. He stated the Homeowners'
Association will function only in the capacity of covenant controls and restrictions; however, a Metropolitan
District will be in place to address parks, law enforcement,water, and sanitary sewer services. He stated
the impact to Mead will be favorable because,without the financial burden for the services to be provided,
Minutes, August 2, 2004 2004-2269
Page 5 BC0016
Mead will import sales tax revenues from the nearby residential development, without having to fund the
services that will be provided.
Chair Masden closed public testimony. Commissioner Vaad referenced the overlay map, and stated the
discussion during first reading addressed the procedural and technical issues and, at that time, he found
the timing was within appropriate deadlines. Responding to Commissioner Vaad, Ms. Mika reviewed the
contiguity,which happened after this application was submitted. She stated this site was never part of the
Mead IGA Boundary Area, neither was it included in the Mead 1997 Comprehensive Plan. Responding
further to Commissioner Vaad, Ms. Mika stated the applicant was not eligible to annex to the Town at the
time of the application because contiguity did not exist at that time. Commissioner Vaad stated the County
implemented the MUD District for the purpose of this type of development lying outside an urban or
municipal area,without allowing it throughout the entire County. He stated the MUD was the way in which
the Board accommodates this type of development into one particular area, and this type of district will
continue to grow and develop on its own. He stated he does not have a problem with it. Commissioner
Vaad stated he appreciates Commissioner Geile's questions about notifications in the area, and he has
personally received handbills and information; however, he has received calls from area residents who are
emphatic about remaining in unincorporated Weld County,because of unsatisfactory experiences with the
Town. He reiterated those individuals do not want their properties to be included in the Mead Urban Growth
Boundary Area, therefore, it is settled in his mind, and he is not hung up on a procedural or technical item.
Responding to Commissioner Geile regarding Section 26.1.30, which specifically refers to Section
22-1-150, and includes referral and notification requirements, Mr. Barker stated those requirements have
been met. Commissioner Jerke requested the map showing utility service providers, and stated the most
telling point to him is that other parties provide the most essential services, including water, sewer, and law
enforcement. He indicated since the Weld County Sheriff is also providing services to the Town of Mead,
it is most telling that other entities provide those major services, and testimony indicates the Town is
currently unable to provide those services. Commissioner Jerke stated for the County to deny this
application would deny the property owners the right to develop for a number of years after infrastructure
is in place. He stated he is in support of approving this application on second reading since this is a growing
area, and the MUD provides people with options to develop besides the typical urban area. Chair Masden
stated the district for providing fire is already established;the Metropolitan District is being considered for
other services, such as law enforcement;and growth is driving the development in the area. Commissioner
Long stated he appreciates the three-reading process and growth occurring in the MUD area. He stated
since he was not here for the first reading, he reviewed the application closely and he agrees with the
application. Commissioner Vaad stated this is a Legislative matter, and it is public knowledge he and Chair
Masden have been meeting with officials from the Town of Mead in an attempt to develop an
Intergovernmental Agreement(IGA)with a recognized Urban Growth Boundary Area. He stated he has
attempted to respond to those needs, through referrals, regarding issues such as preservation of open
space. He stated his impression is that Mead would like Weld County to provide open space by not allowing
development nearby; however, it is the right of property owners to develop their properties as best suited.
Commissioner Vaad stated he intends to continue working on the IGA, although the boundary currently
indicated by Mead is quite a distance from the Town boundaries, and it includes people who have indicated
they do not want to be part of Mead.
Commissioner Vaad moved to approve Code Ordinance#2004-6 on second reading. The motion, which
was seconded by Commissioner Jerke, carried unanimously.
OLD BUSINESS (TO BE HEARD AFTER 9:00 HEARING):
CONSIDER COMPLIANCE WITH CONDITION F OF RESOLUTION DATEDAPRIL 9,2003-RJML, LLC,
DBA LA MARAVILLA RESTAURANT(CON'T FROM 07/19/04): Mr. Barker requested the Chair to call up
the last two items to be considered with the 9:00 a.m. hearing concerning the renewal of a Hotel and
Restaurant Liquor License for La Maravilla Restaurant.
Minutes, August 2, 2004 2004-2269
Page 6 BC0016
CONSIDER APPLICATION FOR LICENSE TO CONDUCT PUBLIC DANCE OR DANCES-RJML, LLC,
DBA LA MARAVILLA (CON'T FROM 07/19/04): See previous item.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
consent agenda. Ordinance #2004-6 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.
There being no further business, this meeting was adjourned at 10:20 a.m.
BOARD OF COUNTY COMMISSIONERS
/u WD COUNTY, COLORADO
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Minutes, August 2, 2004 2004-2269
Page 7 BC0016
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