HomeMy WebLinkAbout20040536.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
FEBRUARY 18, 2004
TAPE #2004-08
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, February 18, 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 11, 2004, as printed. Commissioner Geile seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Geile moved to approve the Certification of Hearings
conducted on February 10,2004,as follows: 1)Violation Hearings;and hearing conducted on February 11,
2004,as follows: 1)A Site Specific Development Plan and Amended USR#227-Cornish Plains Livestock,
LLLP, do Clair Orr. Commissioner Jerke seconded the motion, which carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: Frank Grimaldi of Mead,commented on an article published in the Longmont Times Call,
entitled,"Development Approval Threatens Mead/Weld Planning Agreement." He stated if the developers
of Mead Village want to lower the density of development built on septic systems, there would not be a
problem. He also commented that it is doubtful Mead will build its own water facility adjacent to schools and
the Highland Ditch. Mr.Grimaldi commented on Mead's inability to provide sewer service to anyone outside
the City limits of Mead. He also referenced Inflammatory comments in the article,which is harmful to the
relationship between Weld County and Mead. Mr. Grimaldi also commented on the Mead-Weld County
IGA agreement,stating it is a one-way street in the County's direction with Mead giving up rights,such as
notification of developments within three miles of Mead,and limits on Mead's ability to annex developments.
Mr.Grimaldi stated Weld County has a very liberal development policy,and Weld County has the reputation
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of approving anything. He said developers know if you cannot build it anywhere else,they bring it to Weld
County.
CONSENT AGENDA: Commissioner Vaad moved to approve the consent agenda as printed.
Commissioner Jerke seconded the motion, and it carried unanimously.
PRESENTATIONS:
RECOGNITION OF SERVICES, BUILDINGS AND GROUNDS-JACK LIDDLE: Chair Masden read the
certificate into the record recognizing Jack Liddle for 25 years of service with Weld County. Mr. Liddle was
not present to receive his retirement pin.
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 $991,042.55
Electronic Transfers - All Funds $1,149.45
Commissioner Jerke moved to approve the warrants as presented by Mr.Warden. Commissioner Vaad
seconded the motion, which carried unanimously.
BIDS:
PRESENT 2004 SLURRY SEAL BID, DEPARTMENT OF PUBLIC WORKS: Pat Persichino, Director of
General Services, read the names of four vendors who submitted bids into the record. Said bid will be
considered for approval on March 3, 2004.
PRESENT 2004 CRACK SEAL BID,DEPARTMENT OF PUBLIC WORKS: Mr. Persichino read the names
of five vendors who submitted bids into the record. Said bid will be considered for approval on March 3,
2004.
APPROVE BITUMINOUS PAVEMENT HOT/COLD MIX AND ASPHALT BID-DEPARTMENT OF PUBLIC
WORKS: Mr. Persichino stated staff has recommended the low bid from Lafarge West, Inc.,in the amount
of$1,741,900 for the North and$1,875,525 for the South. Commissioner Vaad moved to approve said bid.
The motion, which was seconded by Commissioner Geile, carried unanimously.
OLD BUSINESS:
CONSIDER APPLICATION FOR LICENSE TO CONDUCT PUBLIC DANCE OR DANCES AND
AUTHORIZE CHAIR TO SIGN - RJML, LLC, DBA LA MARAVILLA (CON'T FROM 02/09/2004): Bruce
Barker,County Attorney,stated this is a dance license,which is effective through December 31,2004. He
stated there is one condition on the previous license which should be carried over, setting the occupancy
at 350 people. Mr. Barker stated a second condition last year required a traffic plan to be developed,which
has been completed and approved by the Sheriff's Department. Responding to Commissioner Geile
regarding the water and sewer problems,Mr.Barker stated they are totally separate and will be considered
with the renewal of the liquor license in March or April. Ruben Rodriguez, applicant,stated he is working
with Fort Lupton for annexation; however, that process is moving along very slowly. Responding to
Commissioner Jerke regarding parking spaces, Mr. Rodriguez stated he has over 200,which is adequate
for 350 people. He also stated he leases one and one-half acres from the railroad for additional parking.
Responding to further questions from CommissionerJerke, Mr.Barker stated the County is allowed to issue
dance licenses by statute for the calendar year,and they do not have the same terms as the liquor licenses.
Minutes, February 18, 2004 2004-0536
Page 2 BC0016
He stated there is also the question of the temporary certificate of occupancy,which expires April 12,2004.
The Building Inspection Division will have to determine whether to issue a permanent certificate of
occupancy at that time, and the Board will need to determine whether the applicant has complied with
Condition F of the Resolution dated April 9,2003. Responding to Chair Masden, Mr.Rodriguez stated the
patrons are counted as they enter and,after 350 is reached,they only let people in as other people leave,
and he is working with the Weld County Sheriff's Office regarding traffic and any other issues.
Commissioner Vaad moved to approve the dance license. Commissioner Geile seconded the motion.
Commissioner Jerke stated he would like to have all the licenses for this facility come through at the same
time,therefore, he will vote against the motion. Chair Masden stated he would also like to see them at the
same time. Commissioner Vaad urged a positive vote,since Mr. Rodriquez has put forth a lot of effort to
operate by our rules,and failure of this motion will put him into the position of operating without a license.
Responding to Mr.Warden about approving the dance license for three weeks, Mr. Barker stated statutes
specify a calendar year, therefore, it cannot be approved for the same term as the liquor license.
Commissioner Geile stated he concurs with Commissioner Vaad, and is confident the water and sewer
issues will be discussed at the April 12th hearing,therefore a compromise would be to approve the dance
license until April 12, 2004, to allow Mr. Rodriguez to stay in business until then. Commissioner Vaad
modified his motion to approve the dance license until April 12, 2004, as did Commissioner Geile, who
seconded the motion. Commissioner Jerke stated he can support the modified motion, however, he still
wants to hear the entire issue at one time. Chair Masden stated he will still oppose the motion, since he
has received complaints from individuals in the area. On a roll call vote,the motion carried three to one,
with Chair Masden opposed.
NEW BUSINESS:
CONSIDER STATEMENT OF GRANT AWARD FOR DOMESTIC VIOLENCE COURT PROJECT AND
AUTHORIZE CHAIR TO SIGN:GaryRathke, District Attorney's Office,stated this is the continuation of the
Violence Against Women Grant,with a term of April 1,2004,through March 31,2005.Commissioner Vaad
moved to approve said grant and authorize the Chair to sign. Seconded by Commissioner Geile,the motion
carried unanimously.
CONSIDER DISBURSEMENT CERTIFICATES FROM ESCROW AGREEMENTS #13685300 AND
#13685400 AND AUTHORIZE CHAIR TO SIGN - ROCKY MOUNTAIN ENERGY CENTER, LLC, DBA
CALPINE CORPORATION: Frank Hempen,Jr.,Director of Public Works,stated there are two certificates
presented for approval. The first one, in the amount of$82,619.32, is for Weld County Road 51 south of
the 1-76 Frontage Road and north of Highway 52. The second certificate, in the amount of$98,864.30,is
for grading, maintenance, and dust control on Road 51. Mr. Hempen stated the dust control account is
almost gone;however,staff will begin work in the spring,so it will not matter. Responding to Commissioner
Vaad, Mr. Hempen stated staff makes reports available to the applicant if requested, however, copies of
routine reports are not submitted to them. Responding to Chair Masden, Mr. Hempen stated staff
anticipates the road being completed in mid-June to early July. He stated that over$1 million has been
placed in escrow,and he is comfortable it will be sufficient funding to build the road. Commissioner Jerke
moved to approve said certificates and authorize the Chair to sign. Seconded by Commissioner Vaad,the
motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF WCR 23 BETWEEN WCRS 22 AND 24: Mr. Hempen stated
this closure will be effective February 23,2004,through February 27,2004,and is necessary to replace a
cross-road culvert. Commissioner Geile moved to approve said closure. The motion,which was seconded
by Commissioner Vaad, carried unanimously.
CONSIDER RESOLUTION RE: CHANGING BANKS FOR THE IMPREST FUND FOR THE WELD
COUNTY FAIR-JUNIOR LIVESTOCK SALES COMMITTEE: Mr.Warden stated he received a request that
the Junior Livestock Sales Committee account be moved from the American Ag Bank to the Bank of
Minutes, February 18, 2004 2004-0536
Page 3 BC0016
Colorado,due to the account manager changing banks. The manager provides a great deal of assistance
on the account and the requested change would allow him to continue as manager. Responding to
Commissioner Geile, Mr.Warden explained an imprest fund is similar to a revolving fund. Commissioner
Vaad moved to approve the draft Resolution. The motion,which was seconded by Commissioner Geile,
carried unanimously.
CONSIDER INTERNET MERCHANT AGREEMENT AND AUTHORIZE CHAIR TO SIGN-WELLS FARGO
MERCHANT SERVICES, LLC: Mr.Barker stated the next item should also be considered at this time. He
stated these agreements will allow the use of credit cards to pay taxes,as well as manage the convenience
fee which will be charged,and both agreements are recommended. Mr.Warden stated that State statutes
have clarified the convenience fee,which is not discounted like a retailer's charge. Mr.Warden also stated
this enhances the egov capabilities by allowing people to handle transactions with Weld County through the
internet at no added cost to the County. Responding to Commissioner Geile regarding the fee, Scott
Draudt,Wells Fargo Merchant Services,LLC,stated Wells Fargo charges a 2.5 percent fee. He stated the
web site is set up in such a manner that at any point, an individual can opt out of paying the convenience
fee and walk into the office to pay taxes. Commissioner Geile moved to approve said agreement and
authorize the Chair to sign. Seconded by Commissioner Vaad, the motion carried unanimously.
CONSIDER E-PAYMENT TECHNOLOGY SERVICE PROVIDER AGREEMENT AND AUTHORIZE CHAIR
TO SIGN-EPOS CORPORATION: Commissioner Geile moved to approve said agreement and authorize
the Chair to sign. The motion was seconded by Commissioner Vaad. Responding to Commissioner Jerke,
Mr. Draudt stated EPOS Corporation is a partner to Wells Fargo,which acts as the terminal interface via
the web and phone,to collect all the data and calculate to convenience fees. Responding to Mr.Warden,
Mr. Draudt stated the fee and tax amount have to be separate on the individual's statement. Responding
to Commissioner Vaad regarding a taxpayer's privacy, Mr. Draudt stated Wells Fargo integrates the
County's rules of engagement,therefore,the information is not available. Mr.Warden stated the public has
wanted this ability for a long time, due to benefits received through use of credit cards, such as frequent
flyer miles. On a call for the vote,the motion carried unanimously. Claud Hanes,Treasurer, stated that a
separate option on the website allows the taxpayer to specify a checking account to debit for payment.
CONSIDER RESOLUTION RE: RELEASE OF LIENS FOR CERTAIN DESCRIBED PROPERTIES
LOCATED IN WELD COUNTY ROAD 8 LOCAL IMPROVEMENT DISTRICT NO. 1992-3: Mr. Warden
stated the next five items are release of liens on various Local Improvement Districts, which are usually
done at the end of each year. The individuals on the attached exhibits have completed payment of the
dollars assessed for the Local Improvement District, and the draft resolutions presented will release the
liens on the properties when filed with the Clerk and Recorder. Responding to Commissioner Jerke, Mr.
Warden stated all five districts were created for road improvements, and were placed on the County's
maintenance system upon completion of construction. Commissioner Geile moved to approve all five
items. The motion, which was seconded by Commissioner Vaad, carried unanimously.
CONSIDER RESOLUTION RE: RELEASE OF LIENS FOR CERTAIN DESCRIBED PROPERTIES
LOCATED IN WELD COUNTY ROAD 38 LOCAL IMPROVEMENT DISTRICT NO. 1992-4: See previous
item.
CONSIDER RESOLUTION RE: RELEASE OF LIENS FOR CERTAIN DESCRIBED PROPERTIES
LOCATED IN WELD COUNTY JOHNSON SUBDIVISION LOCAL IMPROVEMENT DISTRICT NO. 1993-2:
See previous item.
CONSIDER RESOLUTION RE: RELEASE OF LIENS FOR CERTAIN DESCRIBED PROPERTIES
LOCATED IN WELD COUNTY ARROWHEAD LOCAL IMPROVEMENT DISTRICT NO. 1993-1: See
previous item.
Minutes, February 18, 2004 2004-0536
Page 4 BC0016
CONSIDER RESOLUTION RE: RELEASE OF LIENS FOR CERTAIN DESCRIBED PROPERTIES
LOCATED IN WELD COUNTY DELWOOD LOCAL IMPROVEMENT DISTRICT NO. 1995-2: See previous
item.
CONSIDER AMENDMENT TO ENERGY AND MINERAL IMPACTASSISTANCE FUND CONTRACT FOR
800 MHZ RADIO SYSTEM AND AUTHORIZE CHAIR TO SIGN: Mr.Warden stated this is an amendment
to the contrct which will allow a subsidy to various entities within Weld County for the purchase of 800 MHz
radios,totaling one-half million dollars. The amendment will allow the acquisition of the radios,and extend
the period of the contract to June 30,2006,to allow more time for the phase in of the radios. Kent Donovan
and Jack Statler,on behalf of the Regional Communications Department,have arranged County Technical
Services, Inc. to finance the radios on a lease/purchase basis for five to seven years at a very low interest
rate. Mr. Warden stated the County has accommodated the various entities in every way possible to get
them onto the system, and they were warned in 1999 that they would need to be updated by 2006.
Responding to Commissioner Geile, Mr.Warden stated he has sent letters to all the agencies,and received
a very positive response. He stated the net cost is$1,500 to$3,000 per radio. Mr.Warden stated he will
also attend the May Fire Chiefs Meeting to review the entire program. Commissioner Vaad acknowledged
Mr.Warden's help facilitating this conversion and the tremendous job he did coordinating it and alleviating
the considerable angst of each agency. Mr.Warden stated the cost has dropped since the inception of this
contract,which helps the agencies. Commissioner Vaad moved to approve said amendment and authorize
the Chair to sign. Seconded by Commissioner Jerke, the motion carried unanimously.
CONSIDER QUIT CLAIM EASEMENT AND RIGHT-OF-WAY DEED FOR A SEWER LINE AND
AUTHORIZE CHAIR TO SIGN-TOWN OF LOCHBUIE: Mr. Barker stated he received a request from Dale
Brockmeier, for an easement through property owned by the County, to allow the correct location for
wastewater transmission. He explained there will be two lines in the easement,one to transport wastewater
from the current sewage lagoon to the new wastewater treatment plant,and the other to transport treated
wastewater back to the sewage lagoons for discharge to the permitted area in the Frico Ditch. Mr. Barker
stated this property was deeded to the County in 1930 and has never been transferred. Commissioner
Jerke moved to approve said easement and authorize the Chair to sign. Seconded by Commissioner Geile,
the motion carried unanimously.
PLANNING OLD BUSINESS:
CONSIDER AUTHORIZATION FOR ABATEMENT OF DANGEROUS BUILDING AT THE WINDSOR MEAT
PACKING PLANT-JESSE RODRIGUEZ/JACKES,LLC(CON'T FROM 02/02/04): Mr.Barker stated staff
has been in discussion with the Town of Windsor and Mr.Rodriguez regarding the possibility of this property
being donated to the Town. He said he mailed a letter to Mr. Rodriguez yesterday, including copies of all
the documents, and requested this matter be continued for three weeks to allow staff to ensure all the
encumbrances are known. Mr. Barker stated there is a small amount of asbestos present, and that has
been included in the discussions. Commissioner Vaad moved to continue this matter to March 15, 2004,
at 9:00 a.m. The motion, which was seconded by Commissioner Geile, carried unanimously.
CONSIDER RECORDED EXEMPTION#3636-A. R. (ALVIN) BRAND, JR. (CON'T FROM 12/10/2003):
RE#3636-Chris Gathman,Department of Planning Services,stated the applicant is represented by Robert
Tibbals,who wishes to request withdrawal of this application. Mr. Gathman stated staff is in support of his
request. Mr.Tibbals stated that after reviewing the minutes of the original consideration of this application
and further discussion with Mr. Barker and Mr. Gathman, the applicant feels it would be more simple to
withdraw this application and resubmit a Use by Special Review Permit application, mainly because of
problems created by the shared well for domestic water. Mr.Tibbals,noted the applicant has already paid
for this application and requested some credit be made towards the Use by Special Review fee,since staff
has already done an extensive review of this application. Although no action of the Board is necessary to
allow an applicant to withdraw an application, Commissioner Vaad moved to accept the withdrawal of
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Page 5 BC0016
Recorded Exemption#3636, in order to show a final action for the paperwork on this case. The motion,
which was seconded by Commissioner Jerke, carried unanimously.
PLANNING NEW BUSINESS:
FINAL READING OF CODE ORDINANCE #2003-10, IN THE MATTER OF REPEALING AND
REENACTING,WITH AMENDMENTS,CHAPTER 21 AREAS AND ACTIVITIES OF SPECIAL INTEREST;
CHAPTER 23 ZONING, CHAPTER 24 SUBDIVISION, AND CHAPTER 27 PLANNED UNIT
DEVELOPMENT,OF THE WELD COUNTY CODE: Commissioner Vaad moved to read by title only. The
motion, which was seconded by Commissioner Geile, carried unanimously. Mr. Barker read the title of
Code Ordinance#2003-10 into the record. Monica Mika,Director of Planning Services,presented a memo
regarding a proposed change to Section 23-2-50.E.7,marked as Exhibit A. Mr. Barker stated Lee Morrison,
Assistant County Attorney, has researched the matter of water for mining operations, and presented a
proposed change to the language of Section 23-4-290.K, marked as Exhibit B. Responding to
Commissioner Geile,Ms. Mika stated a meeting was held on February 18,2004,with those individuals who
are associated with or have interest in gravel mining. Mr. Barker stated there are still some changes that
need to be done at a future date; however, for this Ordinance, the changes proposed by Mr. Morrison
alleviate the most immediate concerns and clarifies the language. Mr. Barker corrected the date of the
meeting, stating it was January 18, 2004. Ms. Mika stated an inquiry was received from Tom Finley,
Geologist,suggesting the change to Section 23-2-50.E.7 regarding the geotechnical investigation and soils
analysis,stating the way it is currentlywritten,the only person who could conduct the geotechnical activity
would be a Professional Engineer. Mr. Finley provided staff with geology and construction standards for
the State of Colorado that saya geologist is also qualified to perform that activity. She stated the changes
are proposed to allow both a soils engineer and a geologist to do the geotechnical investigations for the
cases. Responding to Commissioner Jerke, Ms. Mika stated currently a soils engineer,with the ability to
have a wet stamp, can conduct those investigations.
Mr. Morrison stated the proposed language to Section 23-4-290.K has been rewritten to show the water
issues are appropriately dealt with at the end of the process. He stated the only substantive change is to
delete the reference to agreements with water conservancy districts or water user groups because those
agreements are no longer sufficient to sustain a well permit. A substitute supply plan or augmentation plan
would also be required. Mr. Morrison stated there has been discussion with the industry about what the
default provision should be as to when the information should be provided. In discussion with staff, the
preference is that the default remain prior to recording the plat; however, with the option of the Board of
County Commissioners setting a different time.Mr.Morrison explained this would preclude staff or Planning
Commission from setting a different time, which might change the process and the ability to have the
application considered; however, it reserves to the Board of County Commissioners the ultimate decision
as to when that information is appropriately submitted. The other change is in 23-4-260.G.13.b.2,where
there is a typographical error about "mining returns to the river"which should be"timing returns to the river."
Commissioner Jerke questioned the point in the process that the time would be designated by the Board
of County Commissioners. Mr.Morrison stated industry officials would suggest it be after recording the final
plat,upon receiving State approval for water augmentation and substitute supply plans,since those need
to be in place before you expose groundwater. He stated until you expose groundwater, you have not
created a well, and he anticipated the date would be set at a time after the plat is recorded. Responding
to Commissioner Jerke, Mr. Morrison stated the report of the State engineer and Division of Minerals and
Geology,would be required;however,the Board could consider revocation of the permit if the plans are not
approved by the State. He stated after the permit is recorded,the appropriate way to deal with it would be
to revoke through the Probably Cause and Show Cause Hearing process. Responding to Commissioner
Vaad concerning the applicant disrupting everything for permits when they will not be mining for years to
come,Mr.Morrison stated we are not done with discussion of this in relation to gravel operations in general;
however,the water requirements are alreadywritten and there is also the Change of Zone issue,therefore,
Minutes, February 18, 2004 ' 2004-0536
Page 6 BC0016
the goal was to move this part ahead and continue the discussions about the other permits,approvals and
reviews.
Bill Schinderline with Applegate Group, Inc.,stated that in reference to timing,it does not make sense from
an industry standpoint to get the well permit approved until the land use application has been approved. He
stated it takes six months to one year to go through the State application process, and it is best to know
whether the use has been approved to include in the State process. Mr.Schinderline stated the Board will
most likely be confronted with the timing decision in almost all cases,and he explained groundwater cannot
be exposed until the well permit is in place. However, he stated,there is quite a bit of other work that can
be done on the property in preparation for the mining operation. Mr.Schinderline suggested the default be
prior to exposing groundwater or as set by the Board of County Commissioners.' Responding to
Commissioner Jerke, Mr. Schinderline stated after recording the plat, it takes six to twelve months, to
resubmit the water information to Planning Services, depending on the State Engineer's office.
Commissioner Vaad stated it would still be a Condition of Approval for the Use by Special Review,and he
assumes the applicant would request an appropriate date; however, Ms. Mika stated it would not be a
Condition of Approval,but it could be a Development Standard. She also stated the applicant cannot begin
mining operations until the final plat has been recorded. Mr. Schinderline stated if the applicant submits and
receives approval for a water augmentation or substitute supply plan during the Use by Special Review
process,and the permit is then denied by the Board of County Commissioners,the plans are useless,and
any change or amendment to the initial permit would have to be referred back to the State engineer.
Responding to Commissioner Geile,Mr.Schinderline reiterated the mining operation cannot begin until the
final plat is recorded; however,the information to file the final plat for recording only takes about 30 days,
whereas,the State approvals takes up to one year. Mr.Schinderline stated the applicant could begin some
work in the meantime, as long as they do not expose any groundwater. He stated it is helpful to have the
preliminary work completed,and waiting for the State permits would cause a delay in recording the plat for
six months to one year. Mr. Schinderline stated if regulations stay the way they currently are, the timing
issue,will be addressed by the applicant in nearly every Use by Special Review Permit. Mr. Barker stated
that from a regulation standpoint,recording the plat is the final act of the approval process;after which the
burden shifts and the County would have to prove, through the Probable and Show Cause Hearings
process,that the permits had not been obtained. He stated the language suggested by Mr. Morrison makes
it as flexible as possible.
Patty Reeves of Nunn discussed Section 23-4-370.A regarding outdoor shooting ranges and the safety
review which is required ten years after the range is in operation. She stated concern about the protection
for the range when new residents move into the area and begin to complain about things that are normal
range'operations, such as noise or traffic. Ms. Mika stated currently the Use by Special Review can be
limited to a ten-year time frame for an outdoor shooting range. She stated staff had comments where,after
a ten-year period,the surrounding area had not changed and,at that point in time,staff would like to have
the ability not to require a reconsideration of the entire case,since the circumstances are consistent. She
explained the existing language states a shooting range"can"be limited to ten years,and the change being
proposed would change it to"shall"be limited to ten years. Ms.Reeves also discussed Article VIII regarding
the Recorded Exemption process which requires the water supply to be adequate,including fire protection.
She stated the language seems to imply a personal well would be required to provide adequate water for
fire protection. Ms. Mika stated the proposed language was proposed by the fire districts. She stated
currently the fire district, when reviewing a Recorded Exemption application, makes comments about
whether there is available water. Ms. Mika stated this would allow staff to incorporate the fire district's
comments into Conditions of Approval; however, in certain areas of the County, there is a pumper truck
which would be included in the fire district review. Ms. Reeves stated she is concerned about the language
if a pumper truck is not available. Mr. Barker stated this will be a standard that the applicant would have to
prove there is adequate water to fight fires, and will be dealt with on every Recorded Exemption.
Commissioner Jerke, requested a period be placed at the end of dependability in Section 24-8-40.A,and
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Page 7 BC0016
stated it is not the intent of the Board for applicants to have to install six or eight inch water lines for fire
fighting. Commissioner Geile stated he concurs with CommissionerJerke,and said it does not prohibit the
water district from commenting or including conditions in various applications. Ms.Reeves also questioned
the appropriate timing for collecting the cash in lieu of property collected by school districts. She stated it
is unclear when the applicant is required to pay the fee,and in a past instance,the school district required
it when a new dwelling was built,which was the point at which there was impact to the school district. She
questioned whether the fee would be charged for a lot which was created or sold for another purpose,
without a residence on it. Mr. Barker stated that prior to recording the plat, the applicant must have
addressed the issue of school district impact. If unable to meet the requirement,it would need to be brought
before the Board of County Commissioners for further determination. He pointed out the County is not
collecting the fee, and it does not have the capacity or authority to do so. Commissioner Jerke stated he
concurs that the collection needs to be done at a certain time, and since the road fee is collected at the
building permit stage,that might be the appropriate timing. However, Mr. Barker pointed out the County is
not collecting the fee, so this is different than the road impact fee, for which the County has the authority
to collect. He stated the County can only require that, prior to approving the split, the applicant must
address the requirements of the school district,and his recommendation would be to take it out rather than
try to change it. He stated this procedure has been working, and he can only recall two objections since
1988: After further discussion, Mr. Barker reiterated the County has authority only on the approval of the
split, under Section 24-8-40.K.1,and the applicant can come before the Board of County Commissioners
to show they cannot meet the requirements of the school district,even though they have done everything
possible. Ms. Reeves stated the public thinks this is a legal fee which must be paid at the time the
Recorded Exemption is done. Mr. Barker disagreed and stated the Board has clear authority to require it
at this point, but not beyond. Chair Masden stated he is looking for fairness in the mechanism used;
however, Mr. Barker reiterated the Board does not have authority beyond the approval of the split.
Commissioner Jerke stated he understands Mr. Barker's point; however, the word "satisfaction" is open
ended, and suggested changing the language to read "satisfaction of school district concerns under
C. R. S. . . "with the specific reference cited. Ms. Reeves stated she is concerned the school district will
carry it beyond the realm of the fee and an applicant may be charged the fee although the impact has not
yet occurred. Commissioner Geile stated a standard must be in place,and the school district can only use
the fees collected for new buildings. He stated the school district and applicant will have to work it out
together, and he noted the school districts have been flexible dealing with this requirement. Mr. Reeves
stated it is not a concern for the applicant;however,it is a concern forthe person purchasing property. After
further discussion, Mr. Barker stated the correct reference would be C. R. S. 30-28-133(4)(a).
Commissioner Jerke stated it makes more sense, and will direct the school district only to require what is
allowed under State statute. After further discussion, Chair Masden informed Ms. Reeves that this is the
final reading of the Code Ordinance,therefore,any further discussion or review of the language should be
directed to Ms. Mika or Mr. Morrison. Commissioner Jerke moved to place a period after dependability in
Section 28-4-40.A. The motion,which was seconded by Commissioner Geile,carried unanimously. Chair
Masden closed the public hearing. Commissioner Jerke moved to change Section 24-8-40.K.1 as
previously discussed. Seconded by Commissioner Geile,the motion carried unanimously. Commissioner
Geile moved to replace Section 23-4-290.Kwith Mr.Morrison's language. Commissioner Vaad seconded
the motion,which carried unanimously. Responding to Commissioner Jerke,Ms. Mika stated in reference
to Section 23-3-250.E.7,a soil survey is the same thing as a engineering geology report/geotechnical study.
Commissioner Vaad moved to replace the term. Commissioner Geile seconded the motion,which carried
unanimously. Commissioner Geile moved to approve Code Ordinance#2003-10 on final reading. The
motion, which was seconded by Commissioner Vaad , carried unanimously.
FINAL READING OF CODE ORDINANCE #2003-11, IN THE MATTER OF REPEALING AND
REENACTING,WITH AMENDMENTS,CHAPTER 29 BUILDING REGULATIONS,OF THE WELD COUNTY
CODE: Commissioner Jerke moved to read by title only. Commissioner Vaad seconded the motion,which
carried unanimously. Mr. Barker read the title of said Ordinance into the record. Ms. Mika stated she is in
Minutes, February 18, 2004 2004-0536
Page 8 BC0016
the process of conducting staff training. No public testimony was given. Commissioner Vaad moved to
approve Code Ordinance#2003-11 on final 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. Code Ordinances 2003-10 and 2003-11 were approved on final 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 11:30 a.m.
BOARD OF COUNTY COMMISSIONERS
W=LD COUNTY, COLORADO
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Weld County Clerk to the ar
4 -4 Robert D. Masden, Chair
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William H erke, Pro-Tem
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Deputy Clerk to the Board' (r � ,h 9
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EXCUSED
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Glenn Vaad
Minutes, February 18, 2004 2004-0536
Page 9 BC0016
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