HomeMy WebLinkAbout20030699.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MARCH 17, 2003
TAPE #2003-09
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 17, 2003, 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 David E. Long, Chair
Commissioner Robert D. Masden, Pro-Tem
Commissioner M. J. Geile - EXCUSED
Commissioner William H. Jerke
Commissioner Glenn Vaad
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Esther E. Gesick
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Vaad moved to approve the minutes of the Board of County Commissioners
meeting of March 12, 2003, 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 March 11, 2003, as follows: 1)Violation Hearings; and hearings conducted on March 12,
2003: 1)A Site Specific Development Plan and Use by Special Review Permit #1411, Christ
Community Church, do Fred Becker; 2) Change of Zone #1026, Charles and Alice Greenman; and
3) Change of Zone #1001 for W.B. Farms Estates Minor Subdivision, Carl Hill, c/o Snowdance
Development Company. Commissioner Jerke seconded the motion, which carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
CONSENT AGENDA: Commissioner Masden moved to approve the consent agenda as printed.
Commissioner Vaad seconded the motion, and it carried unanimously.
PRESENTATIONS:
RECOGNITION OF SERVICES, DEPARTMENT OF SOCIAL SERVICES - JACQUE BOX: Chair Long
read the certificate recognizing Jacque Box for her years of service with the Department of Social
Services. Judy Griego, Director of Social Services, stated Ms. Box has made a significant investment
in the welfare of children and families in Weld County, and she has earned respect as a caseworker
from the courts and various providers in the community.
2003-0699
BC0016
RECOGNITION OF SERVICES, DEPARTMENT OF BUILDING INSPECTION - ROGER VIGIL: Chair
Long read the certificate recognizing Roger Vigil for his years of service with the Weld County
Department of Building Inspection. Jeff Reif, Department of Building Inspection, stated he has worked
with Mr. Vigil for 10 years, and he commended him for his work and dedication to the County.
PUBLIC INPUT: There was no public input.
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following
warrants for approval by the Board:
All Funds $1,090,567.91
Electronic Transfers - All Funds $1,237.10
Commissioner Masden moved to approve the warrants as presented by Mr. Warden. Commissioner
Jerke seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER TEMPORARY CLOSURE OF WCR 30 BETWEEN WCRS 43 AND 49; WCR 58
BETWEEN WCRS 47.5 AND 49.5; WCR 39 BETWEEN WCR 48.5 AND THE LASALLE CITY LIMITS
(EAST TAYLOR AVENUE); AND WCR 39 BETWEEN WCRS 44 AND 46: Frank Hempen, Jr., Director
of Public Works, stated Weld County Road 30 has been closed on an emergency basis, and the repair
work should be completed by March 31, 2003. He stated Weld County Road 58 will be closed to
replace a culvert prior to completing the overlay project. He further stated Weld County Road 39
between Weld County Road 48.5 and the LaSalle city limits will be closed to replace an existing bridge
which is weight limited over an irrigation ditch, and Weld County Road 39 between Weld County
Roads 44 and 46 will be closed to complete a safety project before the irrigation water starts running.
He stated these closures may be slightly delayed if the forecasted storm is severe; however, they will
modify the notification accordingly. In response to Commissioner Jerke, Mr. Hempen stated staff
hopes to have Weld County Road 39 open by March 21, 2003, before the irrigation water starts
running, with the remainder of the work to be completed at a later date. Commissioner Vaad moved to
approve said temporary closures. Commissioner Jerke seconded the motion, which carried
unanimously.
CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO WCR 39 AND AUTHORIZE CHAIR TO SIGN - SPAYD HAY COMPANY: Mr.
Hempen gave a brief description of the location of the site, and stated it will cost $1,000 to acquire the
necessary right-of-way. He further stated under this agreement the County will replace 370 feet of
fence and extend a small syphon under Weld County Road 39. 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 149 AND AUTHORIZE CHAIR TO SIGN - WILLIAM PEDERSEN
ESTATE: Mr. Hempen stated this is the last of four properties necessary to complete this project. He
stated after direction from the Board, staff negotiated with the William Pedersen Estate to pay $1,437
for 2.9 acres of right-of-way, agreed to replace 3,870 feet of fence, and allow two entrances to the
Pedersen property. Commissioner Vaad moved to approve said agreement and authorize the Chair to
sign. The motion was seconded by Commissioner Masden, and it carried unanimously.
Minutes, March 17, 2003 2003-0699
Page 2 BC0016
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE
OF A PORTION OF WCR 95 RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN - EMPIRE
BOATING GROUP, LLC: Don Carroll, Department of Public Works, stated this agreement is required
as a Condition of Approval for Recorded Exemption #3419. He gave a brief description of the location
of the site, and stated the only access is from the 1-76 Frontage Road, with a lane leading to the
parcels. Mr. Carroll stated the adjacent property owners have been contacted; however, no response
has been received. He stated there is 60 feet of right-of-way, and staff recommends approval. In
response to Commissioner Jerke and Chair Long, Mr. Carroll stated the lane currently exists, and it
extends for 1.75 miles. Commissioner Jerke moved to approve said agreement and authorize the
Chair to sign. The motion, which was seconded by Commissioner Vaad, carried unanimously.
CONSIDER ANTENNA SITE SUBLEASE AGREEMENT AND AUTHORIZE CHAIR TO SIGN -AT&T
WIRELESS SERVICES OF COLORADO, LLC: Mr. Warden gave a brief description of location of the
antenna site and stated the monthly lease payment schedule will be very cost effective. Commissioner
Vaad moved to approve said agreement and authorize the Chair to sign. Commissioner Masden
seconded the motion, which carried unanimously.
CONSIDER AMENDMENT TO AGREEMENT FOR MOSQUITO CONTROL SERVICES AND
AUTHORIZE CHAIR TO SIGN - COLORADO MOSQUITO CONTROL, INC.: Mr. Warden stated in
January the Board approved a bid with Colorado Mosquito Control, Inc., to assist with controlling the
West Nile Virus Program. He stated since that time staff has been working with the various
municipalities to participate in this program, and this amendment specifies the boundary locations of
the participants. He further stated the amendment includes rates, resulting in a $250,000 savings. Mr.
Warden stated the total program cost is $775,000, with Weld County paying $254,000 and the
remainder being paid by the participating municipalities. He stated the Town of Severance has been
included; however, the Resolution needs a contingency which allows the contract to be amended
administratively, without further consideration by the Board, in the event the town decides not to
participate. Commissioner Vaad moved to approve said amendment and authorize the Chair to sign,
with direction that the Town of Severance can be administratively removed from the terms of said
document in the event they decide not to participate. Commissioner Masden seconded the motion.
Upon a call for the vote, the motion carried three to one, with Commissioner Jerke opposed.
CONSIDER 18 INTERGOVERNMENTAL AGREEMENTS WITH VARIOUS MUNICIPALITIES FOR
COOPERATIVE MOSQUITO MANAGEMENT PROGRAM AND AUTHORIZE CHAIR TO SIGN: Mr.
Warden stated under this agreement, each participating municipality will receive mosquito control for a
one-mile radius in an attempt to help control the spread of the West Nile Virus. He stated the
municipalities will pay for their defined areas and Weld County will pay for the one-mile buffer areas.
He further stated some municipalities are not included due to the severe drought conditions.
Commissioner Vaad moved to approve said agreements and authorize the Chair to sign. The motion
was seconded by Commissioner Masden. (Switched to Tape #2003-10.) Commissioner Masden
commented he recently met with various officials from the City of Brighton and they wanted to convey
their appreciation for these agreements and the good working relationship with the County. Upon a
call for the vote, the motion carried three to one, with Commissioner Jerke opposed.
SECOND READING OF CODE ORDINANCE #2003-3, IN THE MATTER OF ENACTING CHAPTER 3,
ARTICLE 13, OF THE WELD COUNTY CODE: Commissioner Vaad moved to read Code Ordinance
#2003-3 by title only. Commissioner Masden seconded the motion, which carried unanimously. Mr.
Barker read said title for the record and stated staff recommends the addition of Article 14, Updated
Drug Policy for Public Works, on second reading. He explained there are seven different employee
categories, three require a CDL license and four do not. He stated any employee holding a CDL
license must be tested; however, the remaining employee categories can be tested if that is the intent
Minutes, March 17, 2003 2003-0699
Page 3 BC0016
of the Board. No public testimony was offered concerning this matter. Commissioner Vaad moved to
approve Code Ordinance #2003-3 on second reading with the addition of Article 14. Commissioner
Masden seconded the motion, which carried unanimously.
FINAL READING OF CODE ORDINANCE #2003-2, IN THE MATTER OF ENACTING CHAPTER 8,
STORMWATER MANAGEMENT PROGRAMS, OF THE WELD COUNTY CODE: Commissioner Vaad
moved to read Code Ordinance #2003-2 by title only. Commissioner Masden seconded the motion,
which carried unanimously. Mr. Barker read said title for the record. He stated this creates
Stormwater Management Utilities for the designated areas of the Town of Erie, the City of Evans and
Town of LaSalle, collectively, and the City of Greeley. He stated the City of Longmont has entered into
a Letter of Intent with the Board to create a Stormwater Management Program within the next year
following the resolution of a zoning violation in the area. He clarified the title should be corrected to
reflect that this text will be added to Chapter 8, not as Chapter 16. No public testimony was offered
concerning this matter. Commissioner Vaad moved to approve Code Ordinance#2003-2 on final
reading. Commissioner Masden seconded the motion. Upon a call for the vote, the motion carried
three to one, with Commissioner Jerke opposed.
PLANNING:
CONSIDER REQUEST FROM LIFEBRIDGE CHRISTIAN CHURCH, C/O TETRA TECH RMC, INC.,
TO PRE-ADVERTISE CHANGE OF ZONE #1004: Commissioner Vaad stated he will abstain from this
vote, since he has recused himself from the pending hearing. Kim Ogle, Department of Planning
Services, stated due to a delay in publication, the Planning Commission hearing will be continued from
March 18, 2003, to a special hearing on April 22, 2003. The applicant, therefore, is requesting pre-
advertisement for a hearing before the Board of Commissioners on May 7, 2003, at 10:00 a.m. Mr.
Ogle stated staff supports this request. No public testimony was offered concerning this matter.
Commissioner Jerke moved to approve said request. Commissioner Masden seconded the motion,
and the motion carried with Commissioner Vaad abstaining from the vote.
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR PLANNED UNIT
DEVELOPMENT FINAL PLAN #633 - MICHAEL SIGG AND DAVID KEISER: Mr. Ogle stated on
March 7, 2003, staff conducted an inspection and found some of the non-transportation items still need
to be completed. However, due to drought conditions, staff supports the applicant's request to waive
the landscaping requirements until a time when there is adequate water to support the improvements.
Mr. Carroll stated the paving is complete and will be privately maintained. He stated all the
transportation items have been completed to his satisfaction and he recommends release of the
collateral. Commissioner Vaad moved to approve said cancellation and release of collateral for
Planned Unit Development Final Plan #633 for Michael Sigg and David Keiser. Commissioner Jerke
seconded the motion, which carried unanimously.
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL
FOR IMPROVEMENTS (PUBLIC ROAD MAINTENANCE), AGREEMENT FOR IMPROVEMENTS
FOR WCR 40.5, AUTHORIZE CHAIR TO SIGN, AND ACCEPT FORM OF COLLATERAL FOR MILL
CREEK PLANNED UNIT DEVELOPMENT FINAL PLAN, PF #553 - DENNIS NEAL: Sheri Lockman,
Department of Planning Services, stated the Departments of Planning Services and Public Works have
reviewed the terms of the agreement and recommend acceptance of collateral, in the amount of
$108,817.00 to cover the public improvements, as well as improvements to Weld County Road 40.5.
Mr. Carroll concurred. Commissioner Vaad moved to approve said agreements, authorize the Chair to
sign, and accept the form of collateral for Mill Creek Planned Unit Development Final Plan, PF #553 for
Dennis Neal. Commissioner Masden seconded the motion, which carried unanimously.
Minutes, March 17, 2003 2003-0699
Page 4 BC0016
CONSIDER RESUBDIVISION (LOT LINE ADJUSTMENT ONLY) OF NORTHMOOR ACRES,
SECOND FILING, RS#1033 - HUBERT AND MARY CROWDER/ BARRY AND JUDY TAYLOR: Chris
Gathman, Department of Planning Services, gave a brief description of the location of the site, and
stated the applicants are proposing the lot line be moved 25 feet to the west to correct the overlapping
of a barn onto a utility easement. He stated the applicants will keep the existing 25-foot utility
easement, and the request meets all requirements of the Code. No public testimony was offered
concerning this matter. Commissioner Vaad moved to approve Resubdivision #1033 for Hubert and
Mary Crowder and Barry and Judy Taylor, with the Conditions of Approval as proposed by staff.
Commissioner Jerke seconded the motion, which carried unanimously.
SECOND READING OF CODE ORDINANCE #2003-1, IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 22 COMPREHENSIVE PLAN, AND CHAPTER 26
MIXED USE DEVELOPMENT, OF THE WELD COUNTY CODE - WELD COUNTY ROAD 1
COALITION: Commissioner Vaad moved to read Code Ordinance #2003-1 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 this is a joint application by owners of 13 separate
parcels. She gave a brief description of the location of the parcels, and stated since the application
submission on April 1, 2002, various Intergovernmental Agreement (IGA) boundaries and Code
amendments have been adopted. She stated the Planning Commission found the application does not
comply with the intent, purpose, or goals of the Mixed Use Development (MUD) area, and sewer
service has not been confirmed from the City of Longmont. She stated 12 referral agencies reviewed
this proposal, and seven responded. She stated in 1995 the Comprehensive Plan was amended to
ensure any development was contiguous and adjacent to the existing MUD boundary. Ms. Mika
expressed concern with a sliver of property located between two of the thirteen subject parcels, which
is owned by the Union Reservoir and managed by the City of Longmont. She stated no one was aware
of the separately deeded parcel at the time of application, and the primary concern is that the separate
parcel prevents the application from being both contiguous and adjacent. Responding to
Commissioner Vaad, Ms. Mika stated the Clover parcel does meets the Code requirement, and it is
split from the Adrian site by the ditch property which feeds the Union Reservoir.
Don Leffler stated he represents all 13 parcel owners, excluding the 30-foot strip of land owned by the
Union Reservoir, which was discovered late in the process. He stated the intent of the Comprehensive
Plan was to prevent flagpole configurations, but in this situation the same person owns the land on
both sides of the ditch property which feeds the Union Reservoir. He stated the applicants are willing
to work with Union Reservoir to ensure the continued maintenance and upgrade for service of the
reservoir. He requested a waiver from the contiguity requirement due to the configuration of the
properties, which are only divided by a small sliver of land. Responding to Commissioner Jerke, Mr.
Leffler confirmed the 30-foot right-of-way contains an irrigation ditch which is used to fill the Union
Reservoir on a seasonal basis.
Phil DelVecchio, Director of Longmont Department of Community Development, submitted a letter
marked Exhibit A, and expressed concern with the issue of contiguity. He stated the regulations are
clear, and the access is very critical to the service of the Union Reservoir. He stated the ditch is owned
by a private company; however, the City of Longmont is the manager, and they cannot do anything
which would be a detriment to other shareholders. He further stated any future road crossings would
be problematic, and if approved, the 13 parcels will be in the County but serviced by the City of
Longmont for urban services. Mr. DelVecchio stated the City of Longmont is not opposed to
annexation of these properties because they are the only sewer provider in this area pursuant to an
agreement with the St. Vrain Sanitation District. He expressed concern with the applicants not
requesting sewer service from the City, and he noted the applicants have also failed to contact the Left
Hand Water District regarding water service. He stated the City of Longmont has entered into an IGA
with the County, and although he understands this project is exempt from those terms, he feels it would
Minutes, March 17, 2003 2003-0699
Page 5 BC0016
be reasonable to proceed through the annexation process to see if it is feasible prior to proceeding with
an amendment into the MUD area. For the record, Commissioner Jerke stated he owns stock in a
company that owns stock in the Union Reservoir. He stated his share equals 1/125, which is a minority
position in the shareholding.
Roger Land, City of Longmont Councilman, stated the City is pleased to have an IGA with the County
for this type of situation. He stated they are interested in working in the spirit of the Agreement, and if
these parcels are included in the MUD area, they would require service from the City of Longmont,
without benefit to the City.
Gary Bogott, co-applicant, stated the narrow strip of land owned by the Union Reservoir was assumed
to be under a prescription right rather than a privately held parcel of land. He stated the eventual
expansion of Union Reservoir will take a portion of the various parcels surrounding the Reservoir;
however, as Weld County residents and property owners, they want to maintain their rights and do not
want to be part of the City of Longmont. He stated they intended to use the sewer services provided
by the St. Vrain Sanitation District; however, the City of Longmont was opposed and used its 208
amendments to eliminate that option. He further stated these parcels are serviced by the Long Peak
Water District, not the Left Hand Water District. He expressed concern with recent news articles that
indicate the City is prepared to use eminent domain to acquire the land, and as a County resident, he
requests the Board of Commissioners represent his interests.
Phil Willis, co-applicant, stated he owns two of the 13 parcels. He stated although there is a contiguity
issue, he does not feel it was the original intent that a utility could be an obstacle for inclusion into the
MUD area. He stated the parcel owners do not want to pursue sewer service with the City of
Longmont until the issue of inclusion in the MUD has been resolved. He further stated they received a
letter from the City of Longmont indicating their property would be condemned, which does not indicate
a "willing seller/willing buyer" relationship, and he was only offered 59 percent of the property value
determined by the City's appraisal, which did not take improvements into consideration. He stated they
do not intend to make any changes to the ditch, and they want a fair purchase price for their properties.
He stated the properties are all in the Longs Peak Water District, not the Left Hand Water District, and
if this request is approved, the City will still have the same rights under the IGA.
Mr. Leffler stated under the IGA, annexation is not a condition. He stated the property owners are
requesting inclusion into the MUD, which is consistent with other properties to the south, and they
request waiver of the requirement for contiguity because they do meet the requirement of adjacency.
In response to Commissioner Vaad, Ms. Mika stated the plat for the Recorded Exemption which split
the Adrian property does indicate the two parcels are separated by the ditch parcel. Commissioner
Vaad stated it is likely the Recorded Exemption was approved due to an existing physical barrier. Ms.
Mika stated the ditch parcel was recorded in 1902 with a Warranty Deed, and the Recorded Exemption
was approved in 1999. She further stated several of the parcels have submitted Sketch Plan
applications. She explained some were recommended favorably; however, one was not eligible and
was not complete prior to the effective date of the IGA. She stated this area is now defined for urban
density, and the applicants can continue in Weld County as long as the MUD is in place. She further
stated they can still petition for annexation under the IGA, but if the City of Longmont objects, they may
not be able to proceed since the City of Longmont is the sewer service provider. She further stated
both the MUD and the IGA allow for urban development; however, each has its own criteria.
Commissioner Vaad commented at previous hearings there has been some indication by the City of
Longmont and the property owners that they would cooperate to proceed with an urban development at
a lower density under the IGA. In response to Commissioner Vaad, Mr. Barker stated the County's
offer for land is usually higher than the appraisal amount which is considered for eminent domain. He
further stated the value set by the court is usually a fair market value, and they usually review more
than one appraisal in determining the final amount. He further stated the parcel owners will not lose
Minutes, March 17, 2003 2003-0699
Page 6 BC0016
money, but the amount set by the court may end up being less than the original buyout offer.
Responding to Commissioner Masden, Ms. Mika stated when considering the IGA, Longmont did
commit to allowing an application to be processed and developed in Weld County, with a time limit to
delay annexation. She further stated there are three pending land use applications in this area, two of
which are eligible for a Change of Zone, since the applications were submitted prior to the effective
date of the IGA.
Commissioner Jerke moved to approve Code Ordinance #2003-1 on second reading. He stated the
strip of land containing the Union Reservoir ditch has been there for 100 years, which is a technicality.
He stated he does not believe the intent of contiguity should be hindered by this situation, and he feels
this request for inclusion into the MUD will enhance the property rights and provide them with the same
capabilities as their neighbors in the area. Commissioner Vaad seconded the motion. He concurred
with Commissioner Jerke's comments, and stated he does not feel an old ditch property should prohibit
this proposal. He expressed concern with reported comments made by City of Longmont personnel
indicating they intend to condemn the properties through eminent domain, and that they are opposed
to inclusion of these properties into the MUD since it will raise the cost of acquiring the various
properties. Ms. Mika displayed a map showing the proposed future developments that are in the
Sketch Plan phase at this time. Mr. Leffler stated the proposed developments in the north would result
in less than one unit for every two acres, with the southern developments proposing a higher density.
Responding to Commissioner Vaad, Ms. Mika stated the applications submitted prior to the IGA can
continue in Weld County; however, one application did not qualify and is subject to the terms of the
IGA. Mr. Barker expressed concern with permitting further discussion on the pending applications.
There being no further discussion, the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
consent agenda. Code Ordinances #2003-1 and #2003-3 were approved on second reading, and
Code Ordinance #2003-2 was 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 10:15 a.m.
BOARD OF COUNTY COMMISSIONERS
WEL OUNTY, COLO DO
ATTEST: getki�� �'�l •;'�, IL���
vid E. Long, Chair
Weld County Clerk tot Bo:fid'tcBY: �
1 �1
�,�r ♦ R bert D. Masden, Pro-Tem
Deputy Clerk to the Bow: ��' EXCUSED
M. J. Geile
EXCUSED DATE OF APPROVAL
William . Jerk
Glenn Vaad
Minutes, March 17, 2003 2003-0699
Page 7 BC0016
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