HomeMy WebLinkAbout20010663 RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MARCH 7, 2001
TAPE#2001-10
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 7, 2001, 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 M. J. Geile, Chair
Commissioner Glenn Vaad, Pro-Tem
Commissioner William H. Jerke
Commissioner David E. Long
Commissioner Robert D. Masden
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Esther E. Gesick
Comptroller, Claud Hanes
MINUTES: Commissioner Masden moved to approve the minutes of the Board of County Commissioners
meeting of March 5, 2001, as printed. Commissioner Jerke seconded the motion, and it carried
unanimously.
READ ORDINANCE BY TAPE:
READ CODE ORDINANCE #2001-1 BY TAPE: Commissioner Vaad moved to read Code Ordinance
#2001-1 by tape. Commissioner Masden seconded the motion, which carried unanimously.
ADDITIONS TO AGENDA: The following was added under New Business: 7) Consider Resolution re:
Appointment of Glenn Vaad to Southwest Weld Service Area Road Impact Fee Board
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, REGIONAL COMMUNICATIONS ADVISORY BOARD - YRINEO
SALAZAR,AND RANDY HOUCHENS:Chair Geile read the certificates recognizing Yrineo Salazar for four
years of services and Randy Houchens for three years of service on the Regional Communications
Advisory Board. Neither member was present.
RECOGNITION OF SERVICES,BOARD OF ADJUSTMENT-TIMOTHY LOSH,JOHN WINDSOR, MARY
ANN DEPINTO, AND JACK DAVIS: Chair Geile read the certificate recognizing Timothy Losh for six years
of service on the Board of Adjustment. John Windsor, Mary Ann Depinto and Jack Davis were not present.
2001-0663
BC0016
RECOGNITION OF SERVICES, NORTH COLORADO MEDICAL CENTER BOARD OF TRUSTEES -
MARY HENNECK: Chair Geile read the certificate recognizing Mary Henneck, who was present, for her
six years of service on the North Colorado Medical Center Board of Trustees.
RECOGNITION OF SERVICES, WELD/LARIMER LOAN REVIEW COMMITTEE - RON WILDEMAN:
Chair Geile read the certificate recognizing Ron Wildeman, who was present, for his six years of service
on the Weld/Larimer Loan Review Committee.
RECOGNITION OF SERVICES, 911 TELEPHONE SERVICE AUTHORITY BOARD - GARY SANDAU:
Chair Geile read the certificate recognizing Gary Sandau,who was not present,for his four years of service
on the 911 Telephone Service Authority Board.
RECOGNITION OF SERVICES,AREA AGENCY ON AGING- BERNIE OLIVAS,VIRGIL HARPER,AND
PAULA BERNHARDT: Chair Geile read the certificates recognizing Bernie Olivas for three years, Virgil
Harper for two years, and Paula Bernhardt for two years of service on the Area Agency on Aging.
Commissioner Vaad stated very few people in the County are aware of the purpose of the Area Agency
on Aging which works with the senior centers. He stated one of the recent efforts of the Agency has been
granting $1,000.00 to each of the senior citizen centers to implement activities in conjunction with the
Loneliness Program. He further stated the program is also beginning to receive recognition at the State
level, which may result in potential support from the State.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
PUBLIC INPUT: There was no public input.
WARRANTS: Claud Hanes, Comptroller, presented the following warrants for approval by the Board:
All Funds $295,527.23
Commissioner Vaad moved to approve the warrants as presented by Mr. Hanes. Commissioner Masden
seconded the motion, which carried unanimously.
BIDS:
PRESENT BIDS: Pat Persichino, Director of General Services, stated there are no bids to present.
APPROVE 2001 TRAFFIC PAINT AND PAINT BEAD BID - DEPARTMENT OF PUBLIC WORKS: Mr.
Persichino stated this matter was presented on February 21, 2001, and was extended for two weeks. He
stated staff has not received any further information from the low bidder, and the Department of Public
Works recommends approval of the second low bid from Ennis Paint, Inc., in the amount of$100,192.00.
Commissioner Vaad moved to approve said bid as recommended by staff. Commissioner Jerke seconded
the motion, which carried unanimously.
APPROVE WELD COUNTY ROAD 9.5 CULVERT AND BOX INSTALLATION BID - DEPARTMENT OF
PUBLIC WORKS: Mr. Persichino stated the Department of Public Works recommends approval of the low
bid from Walsh Construction, in the amount of$28,711.00. Commissioner Vaad moved to approve said
bid as recommended by staff. Commissioner Jerke seconded the motion, which carried unanimously.
Minutes, March 7, 2001 2001-0663
Page 2 BC0016
NEW BUSINESS:
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES AND AUTHORIZE CHAIR TO SIGN-
PONY X-PRESS COMPANY: Raelene Anderson, Assessor's Office, stated this account was double
assessed and staff recommends approval of the petition. Commissioner Vaad moved to approve said
petition and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried
unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES AND AUTHORIZE CHAIR TO SIGN-
CAM TECH MACHINE AND TOOL: Ms. Anderson stated this company reported two line items that were
also assessed to a leasing company which also reported the equipment;therefore, it needs to be removed
from the petitioner's listings. Commissioner Vaad moved to approve said petition and authorize the Chair
to sign. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER FUNDING EXTENSION REQUEST FOR YOUTH WORKFORCE SKILL DEVELOPMENT
PROJECT AND AUTHORIZE CHAIR TO SIGN: Walt Speckman, Director of Human Services, stated this
extension request will provide funding in the amount of $50,000.00 to provide workforce development
options, such as GED preparation, and essential skills in math, reading and writing, for youth who have
been unsuccessful in the regular school system. He further stated this will extend the period of
performance to June 30, 2002. Commissioner Vaad moved to approve said request and authorize the
Chair to sign. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER RESOLUTION RE: DECLARE CERTAIN EQUIPMENT AS SURPLUS PROPERTY, AND
AUTHORIZE SALE OF SAME: Mr. Hanes stated this is equipment from the Weld County Ambulance
Service. He explained as the Ambulance Service obtains up-to-date equipment, it provides local volunteer
fire departments with the old equipment. Responding to Commissioner Vaad, Mr. Hanes stated the
equipment is offered exclusively to the volunteer fire departments because of the specialized use and he
added the items do not bring much of a return at an open auction. Commissioner Masden moved to
approve said Resolution. Commissioner Vaad seconded the motion, which carried unanimously.
CONSIDER LICENSE AND EXCHANGE AGREEMENT FOR GEOGRAPHIC DATA AND AUTHORIZE
CHAIR TO SIGN - REGENTS OF THE UNIVERSITY OF COLORADO: Bruce Barker, County Attorney,
stated this is a standard agreement for sharing GIS information,which has been set up for use by schools.
He explained there is a slight change to allow access only to specific faculty. Responding to Commissioner
Vaad, Mr. Barker stated there is a provision restricting the resale of the information. Commissioner Vaad
moved to approve said agreement and authorize the Chair to sign. The motion, which was seconded by
Commissioner Masden, carried unanimously.
CONSIDER LICENSE AND EXCHANGE AGREEMENT FOR GEOGRAPHIC DATA AND AUTHORIZE
CHAIR TO SIGN - TOWN OF MEAD: Mr. Barker stated this is a standard agreement and staff
recommends approval. Commissioner Vaad moved to approve said agreement and authorize the Chair
to sign. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER RESOLUTION RE: APPOINTMENT OF GLENN VAAD TO SOUTHWEST WELD SERVICE
AREA ROAD IMPACT FEE BOARD: Mr. Barker stated pursuant to the Weld County Code, the Southwest
Weld Service Area Road Impact Fee Board is to include a member of the Board of County Commissioners,
along with an elected official from each of the participating Southwest Weld Service Area municipalities.
He stated this resolution appoints Glenn Vaad to said Board for 2001. Commissioner Masden moved to
approve said Resolution. Commissioner Long seconded the motion, which carried unanimously.
Minutes, March 7, 2001 2001-0663
Page 3 BC0016
PLANNING:
CONSIDER REQUEST FOR PREADVERTISEMENT OF MINOR SUBDIVISION FINAL PLAT, S #586 -
ROBERT PARSONS: Sheri Lockman, Department of Planning Services, stated Robert Parsons has
requested his application for a Minor Subdivision Final Plat, S #586, be preadvertised. She stated staff
recommends the hearing be set for April 11,2001, at 10:00 a.m. Responding to Chair Geile, Ms. Lockman
stated this request is due to length of time it has taken to complete the Change of Zone and Final Plan
processes. Commissioner Masden moved to approve said request for preadvertisement. Commissioner
Jerke seconded the motion, which carried unanimously.
FIRST READING OF CODE ORDINANCE #2001-1, IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 19, COORDINATED PLANNING AGREEMENTS;
CHAPTER 23 ZONING;CHAPTER 24 SUBDIVISIONS;CHAPTER 26 MIXED USE DEVELOPMENT;AND
CHAPTER 27 PLANNED UNIT DEVELOPMENT, OF THE WELD COUNTY CODE: In response to Chair
Geile, Carol Harding, Deputy Clerk to the Board, stated Code Ordinance#2001-1 has been read by tape.
Anne Best Johnson, Department of Planning Services, stated since 1995 Weld County has been working
with municipalities to designate Urban Growth Boundaries. The amendment to Chapter 19 of the Code
is the result of a request from the Town of Firestone to reflect a smaller Urban Growth Boundary. She
stated staff recommends approval of the amendment request based upon the application materials and
favorable recommendations from referral agencies.
Ms. Johnson stated the proposed changes to Chapter 23 include an amendment to the signature block
as indicated in Section 23-2-160.6.a. She reviewed the first four minor changes as indicated in her
memorandum, dated March 1, 2001, as well as the redline/strikeout version of the Code Ordinance.
Responding to Commissioner Masden, Ms. Johnson indicated minor change #4 will require a Use by
Special Review Permit for private roping arenas, even if they are not used for commercial purposes.
Responding to Commissioner Jerke, Ms.Johnson stated minor change#5 clarifies the intent of"principally
employed,"and the word"customarily"needs to be removed and replaced with"principally." She explained
if someone wants to have a secondary structure on a parcel, the applicant must show the second resident
to be principally employed at the site. Ms. Johnson reviewed minor changes 6, 7, 8, and 9 for the record
as indicated in her memorandum to the Board. Responding to Chair Geile, Ms. Johnson stated if a
subdivision is located in an area requiring well water, only three residences are allowed with 35 acres as
an outlot to service the well. She explained if the number of residences is increased, the number of acres
in the outlot area must also increase. Responding to Commissioner Jerke, Ms. Johnson stated this only
applies to applications that require wells, not other water sources, and the Planning Commission selected
eight residences rather then nine. She further stated the Minor Subdivision process is based on five or
fewer lots, and the Major Subdivision is based on more than five, and altering this definition may effect the
subdivision process. Responding to Commissioner Masden, Ms. Johnson stated substantial change #2
states accessory structures are to be temporary. Wendi Inloes, Department of Planning Services, stated
temporary structures are permitted on an annual basis. Responding to Commissioner Jerke, Ms.Johnson
stated this change does not effect temporary use permits for construction or office sites. Responding to
Commissioner Vaad, Monica Mika, Director of Planning Services, stated signs will be grandfathered in
under certain conditions, she reviewed substantial change#4 for the record, and stated structures are not
allowed within a floodway. Responding to Commissioner Vaad, Ms. Johnson stated if an engineer can
prove the site is out of floodway and floodplain,then structures can be placed. Responding to Chair Geile,
Mr. Barker stated all of the Board's questions can be further addressed during a scheduled work session,
and Chair Geile, suggested more time be scheduled to discuss the details of this amendment. Ms. Mika
clarified fill material is not allowed in the floodway, and she suggested Ms. Johnson limit her discussion
to the major changes. Ms.Johnson reviewed the proposed amendments under substantial changes 6 and
7 for the record as indicated in the Resolution. Pam Smith,Weld County Department of Public Health and
Environment, explained that State regulations do not allow discharge into state waters, and concrete
washoff is dangerous to waterways and wildlife. She stated an operator must go through the State Wildlife
Minutes, March 7, 2001 2001-0663
Page 4 BC0016
Department for a special permit. She further stated this requirement was added by the Planning
Commission to encourage recycling of any waste materials. Responding to Commissioner Jerke, Frank
Hempen,Jr., Director of Public Works,stated containing or recycling wastewater does not effect the mining
operations of the Department of Public Works.
Ms. Johnson reviewed substantial change #1 to Chapter 24, Subdivision Ordinance, for the record, with
no questions from the Board. She explained substantial change #2 includes an amendment from the
Department of Public Works to remove the cross sections and road details from the various ordinances
and have them reference the tables and diagrams included in the Subdivision Ordinance. She explained
this will simplify the amendment process in the future, and she displayed the new table information and
cross sections. Ms. Johnson reviewed the proposed amendments under substantial changes#3 through
#7 as indicated in her memorandum to the Board. Commissioner Vaad suggested staff review and
propose new language for the first sentence of substantial change #6 at the second reading.
Ms. Johnson stated substantial change #1 to Chapter 26 requires developers to improve the typical
roadway cross sections, and substantial change#2 provides a cash-in-lieu option for developing common
open space. Responding to Chair Geile, Ms. Johnson stated the definitions under the cash-in-lieu section
will be consistent with those listed in the other chapters.
Regarding changes made to Chapter 27, Ms. Johnson stated substantial change#2 has been of concern
to developers. She explained for each 35 acres, a developer can cluster two residences, and she
displayed various examples of the amount of lots in various agricultural configurations. Ms. Johnson
reviewed the proposed language and the table for conversion of what will be allowed. She stated
substantial change#3 will provide consistency with other ordinances, and substantial change#4 reflects
an amendment regarding vested property rights. She explained the amendment was passed by the
Planning Commission; however, it was never finalized by the Board. Substantial change#5 incorporates
amendments requested by the Department of Public Works regarding the full typical cross section of
roadways for developments,as well as improvements agreements and improvements plans. Ms.Johnson
stated substantial change #6 will provide consistency regarding the cash-in-lieu option, and substantial
change #7 defines what is allowed under "Guest Quarters." In response to Commissioner Vaad, Mr.
Barker stated this amendment will not be able to supercede or overrule any covenants of a subdivision.
Chair Geile called a five minute recess. Upon reconvening, Bruce Nickerson, Mayor of Firestone, stated
the Town of Firestone is amending its Urban Growth Boundary to eliminate the area west of 1-25 and
localize it services. He stated the amendment will reduce the Urban Growth Boundary by approximately
3,900 acres. Mr. Nickerson stated they Town of Firestone has entered into an Intergovernmental
Agreement with the City of Dacono to address who will be providing services in a specified area. Mr.
Nickerson complimented the Weld County staff for its overview of the changes and state he is in favor of
this amendment.
Fred Walker,Weld County Planning Commission member, stated the Planning Commission only adopted
one of the two definitions proposed under the Conservation Easement section. He clarified that he was
the Planning Commission member who proposed the eight lots be allowed rather than nine simply because
he thought the Commission would accept that number; however,that amount can be changed. Mr.Walker
stated he also proposed new definitions which were not accepted due to a tie vote among the eight
members present. Mr. Walker reviewed the intent of his proposals and requested the Board consider
adding them at a future reading of this Code Ordinance. Responding to Commissioners Jerke and Vaad,
Mr. Walker stated it is very uncommon for multiple residences to use a shared well, and reiterated he
would like the Board to consider his proposals during its administrative work session.
Minutes, March 7, 2001 2001-0663
Page 5 BC0016
Jim Mountain expressed concern with the roadways increasing in width and what this may mean to
adjacent owners. He reviewed his concerns as stated in Exhibit B, and referred to the figures attached
to his letter indicating the potential problems which may be caused by the proposed language under the
Subdivision portion of the Code. Mr. Mountain expressed concern with building an entire section of road
at one time,which may deteriorate if there is not sufficient traffic, and asked if there may be consideration
for reimbursement from future users who were not present when the road was constructed. Responding
to Commissioner Vaad, Mr. Mountain stated he has proposed sufficient time periods, interest amounts in
his letter.
Bruce Johnson stated Weld County has many old farm loans for old structures that are not built to current
standards. He suggested language be added to allow for the replacement of these old structures without
requiring the property owner to go through current planning processes. Mr. Johnson stated he is in favor
of minor change #6 to Chapter 24, Subdivision Ordinance.
John Chilson expressed concern regarding the need for a Use by Special Review Permit for a personal
roping arena. He explained he personally intends to build an arena for working with calves, and added
roping arenas are used for hobbies, or by people who are involved in the agricultural community, and not
a lot of money is involved. Mr. Chilson inquired as to the need for this request. Responding to
Commissioner Vaad, Ms. Mika stated staff will research the origin of this request and address this matter
at the next reading. She explained often private arenas grow into a commercial use, which require a
Special Use Permit.
Todd Hodges, Todd Hodges Design, LLC, stated he works with Weld County citizens located in the
Agricultural Zone District. He stated Weld County has designed many options for use of the land and he
complimented the Department of Planning Services staff for its work. He stated that although he does not
agree with every item included in the amendments, he is in favor of the overall revision to the Code.
Responding to Chair Geile, Ms. Harding suggested an administrative session be held on March 15,at 8:00
a.m., to discus any changes or modifications which can then be discussed during the future readings for
public record.
Commissioner Vaad moved to approve Code Ordinance#2001-1 on first reading. Commissioner Masden
seconded the motion, which carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. Weld County Code Ordinance #2001-1 was approved on first reading.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Acting Clerk to the Board.
Minutes, March 7, 2001 2001-0663
Page 6 BC0016
There being no further business, this meeting was adjourned at 11:00 a.m.
BOARD OF C NTY COMMISSIONERS
WELD COU TY, COLORADO
,
ATTEST: fateS�� • TC 2//
�
., �' ` M. J. eile, Ch it
Weld County Clerk to the Bt-r, "ti"'' I`
Iasi tin— I genif
(By: � �p 1, '% ` �1 Glehn Vaad, Pru Tem oirZo
Deputy Clerk to the Boar. ( I �,
W'lia H. Jer e
av'. . ong
Robert D. Masden
Minutes, March 7, 2001 2001-0663
Page 7 BC0016
Hello