HomeMy WebLinkAbout20012278.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
AUGUST 13, 2001
TAPE#2001-33
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 13, 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 August 8, 2001, as printed. Commissioner Vaad seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Long moved to approve the Certification of Hearings
conducted on August 8, 2001, as follows: 1) Revocation of both Change of Zone #374 and Change of
Zone#464, Robert Easton; and 2)A Site Specific Development Plan and Use by Special Review Permit
#1327, Cockroft Dairy Farm, do Scott Cockroft, do AgPro Environmental Services, LLC. Commissioner
Jerke seconded the motion, which carried unanimously.
ADDITIONS TO AGENDA: There were no additions to the agenda.
CONSENT AGENDA: Commissioner Vaad moved to approve the consent agenda as printed.
Commissioner Jerke seconded the motion, and it carried unanimously.
PUBLIC INPUT: There was no public input.
WARRANTS: Claud Hanes, Comptroller, presented the following warrants for approval by the Board:
All Funds $294,932.20
Commissioner Masden moved to approve the warrants as presented by Mr. Hanes. Commissioner Long
seconded the motion, which carried unanimously.
2001-2278
BC0016
NEW BUSINESS:
CONSIDER RENEWAL APPLICATION FOR 3.2 PERCENT BEER RETAIL LICENSE AND AUTHORIZE
CHAIR TO SIGN-HIGHLANDLAKE, INC., DBA HIGHLANDLAKE, INC.: Bruce Barker, County Attorney,
stated Deputy J. D. Broderius indicated no concerns with this renewal. In response to Commissioner
Jerke, Commissioner Vaad stated Mary Jensen owns Highland Lake, as well as a concession stand
located there from which she sells 3.2 Percent Beer. Commissioner Vaad moved to approve said
application and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried
unanimously.
CONSIDER TASK ORDER RENEWAL LETTER#1 FOR COLORADO WOMEN'S CANCER CONTROL
INITIATIVE AND AUTHORIZE CHAIR TO SIGN:Mark Wallace,Director of Public Health and Environment,
stated under this program the Weld County Department of Public Health and Environment will work with
the State Health Department to do outreach to women who are 40 years or older, and meet Federal
poverty deadlines. He explained the women will be screened and diagnosed for breast and cervical
cancer. Dr. Wallace stated the term of this renewal letter is from August 15, 2001, through August 14,
2002, and the funds will be used to employ an outreach worker who will go into the communities to enroll
women. Responding to Commissioner Jerke, Dr. Wallace stated Federal funds are passed through the
State to the County. He further stated there currently are no similar programs for men. Commissioner
Masden moved to approve said Task Order Renewal Letter#1 and authorize the Chair to sign. Seconded
by Commissioner Jerke, the motion carried unanimously.
CONSIDER TASK ORDER RENEWAL LETTER #1 FOR THE CANCER PREVENTION OUTREACH
PROGRAM AND AUTHORIZE CHAIR TO SIGN: Dr. Wallace stated this task order is for the same issue
previously discussed;however,this is designed to provide reimbursement to the County for the preventive
and diagnostic services provided. He stated the term will begin August 15, 2001, and end August 14,
2002,with the costs being passed to the State for reimbursement to the County. Dr.Wallace stated there
is $1,830,000.00 to be distributed Statewide. In response to Commissioner Masden, Dr. Wallace stated
that although some of the allowed services need to be brought up to date, the reimbursement fee table
seems to be very reasonable. Responding to Commissioner Long, Dr.Wallace stated the program allows
for at least 260 women; however, they would like to reach 300 women this year. Commissioner Masden
moved to approve said Task Order Renewal Letter#1 and authorize the Chair to sign. The motion,which
was seconded by Commissioner Long, carried unanimously.
CONSIDER TASK ORDER RENEWAL LETTER#01 FOR HEALTH CARE PROGRAM FOR CHILDREN
WITH SPECIAL NEEDS PROGRAM AND AUTHORIZE CHAIR TO SIGN: Dr. Wallace stated this Health
Care Program provides case finding,community outreach,care coordination,clinic management,program
management,parent and family involvement,and interagency collaboration to children with special needs
and their families. Dr. Wallace stated the term of this renewal letter begins October 1, 2001, and ends
September 30, 2002, and provides funding in the amount of$145,269.00. In response to Commissioner
Jerke, Dr. Wallace stated the program is designed to assist low-income families. However, in certain
cases there are chronic conditions which require unusual services for which an insured family may need
additional help. He stated those families are required to use their own insurance first and then utilize this
program. Dr. Wallace stated the program is designed to help link families with the proper services which
will assist in meeting the childrens' needs. In response to Commissioner Jerke, Dr. Wallace stated this
program is a subset of the Title V funding, and added they do collect statistical information on the various
ethnic populations in Weld County for comparison at the State level. Responding to Chair Geile, Dr.
Wallace stated the qualifications for this program are vague due to the case management which is
designed to connect families with other services. Commissioner Jerke moved to approve said Task Order
Renewal Letter#01 and authorize the Chair to sign. Commissioner Masden seconded the motion,which
carried unanimously.
Minutes, August 13, 2001 2001-2278
Page 2 BC0016
CONSIDER APPOINTMENT TO 911 EMERGENCY TELEPHONE SERVICE AUTHORITY BOARD:
Commissioner Jerke moved to appoint John Michaels to the 911 Emergency Telephone Service Authority
Board as the Law Enforcement-County appointee, with a term expiring January 8, 2002. Commissioner
Long seconded the motion, which carried unanimously.
CONSIDER APPOINTMENT TO REGIONAL COMMUNICATIONS ADVISORY BOARD: Commissioner
Masden moved to appoint Robert Yant to the Regional Communications Advisory Board as the Police
Zone 3 representative, with a term expiring December 31, 2003. Commissioner Jerke seconded the
motion, which carried unanimously.
CONSIDER RESOLUTION RE: AUTHORITY BOARD OF COUNTY COMMISSIONERS TO ADJOURN
AS BOARD OF EQUALIZATION FOR CALENDAR YEAR 2001: Commissioner Jerke moved to approve
said Resolution. Commissioner Vaad seconded the motion, which carried unanimously.
PLANNING:
CONSIDER RECORDED EXEMPTION#3124-TOM AND LINDA FRANCIS: Julie Chester, Department
of Planning Services, gave a brief description of the location of the site,which is 72.82 acres. She stated
the applicants are proposing to divide the property into 50.07 and 22.75-acres parcels with existing
structures. Ms. Chester stated staff recommends this request be approved; however, there are some
concerns which need to be addressed. Ms.Chester expressed concem with subdividing a property located
in the 100 Year Flood Plain,which may result in the disturbance of wildlife habitats. She further stated the
parcels will not have adequate right-of-way access,although Lot B will cross Lot A with an easement. Ms.
Chester gave a brief description of the surrounding uses, and stated the Town of Windsor approved this
proposal,with the condition that the applicants submit a Petition for Annexation Application within the next
two years. Responding to Chair Geile, Ms. Chester reviewed the proposed lot lines and the location of the
existing residence. In response to Commissioner Jerke, Ms. Chester stated if these parcels are annexed,
the applicants will be subject to the Town of Windsor's regulations for future development. She stated
Weld County does not have an Intergovernmental Agreement with the Town of Windsor therefore, the
County cannot enforce the request to apply for annexation. (Switched to Tape #2001-34.) She further
stated the existing residence is connected to a septic system, and it does not appear the lots are within
400 feet of a public sewer service. She explained the existing septic system will not be renewed at a future
date if sewer service is extended within 400 feet of the property. In response to Chair Geile, Ms. Chester
stated both parcels will be in the 100 Year Flood Plain.
Todd Hodges, Todd Hodges Design, LLC, represented the applicants and submitted a letter, marked
Exhibit A. He stated they met with the Town of Windsor on July 18, 2001, at which time their request was
conditionally approved. Mr. Hodges stated the proposed building envelope is adjacent to current
development under the Town of Windsor, and the lots will have access to an existing roadway. He stated
the Town of Windsor has already developed the area north and west of the property, and the location of
the building envelope is adjacent to existing development so there will be a minimal impact to the wildlife.
Mr. Hodges stated the Town of Windsor reviewed the access points which were found to be adequate,and
requested the applicant petition for annexation within the next two years. Mr. Hodges referred to Exhibit
A and requested Condition of Approval#4.C be deleted as the applicants have already met with the Town
of Windsor and verified the accesses are adequate. Mr. Hodges stated as written,Condition#4.D requires
the applicants to receive approval from new residents in the area to continue using the existing easements.
He requested the Condition be amended to state, "The applicants shall submit copies of any recorded
access easements to the Department of Planning Services." Mr. Hodges further stated Condition#4.F has
been addressed through the comments made under Exhibit A,and he requested the Condition be deleted.
He also requested Conditions#4.G and #4.H be deleted because the applicants are already required to
obtain a flood hazard development permit prior to receiving a building permit,and the noxious weed, leafy
spurge, is on the adjacent properties,not the applicants'. Mr. Hodges stated the applicant is willing to work
Minutes, August 13, 2001 2001-2278
Page 3 BC0016
with the School District, and he requested Condition of Approval #4.1 be deleted so recording the plat is
not delayed.
Responding to Commissioner Jerke, Tom Francis, applicant, stated Lot A is proposed with a long narrow
configuration to accommodate recreational purposes along the river. He further stated that area has been
used for the return of irrigation water and as a route to move livestock along the river. Mr. Francis stated
the entire property is fenced with wildlife-friendly fencing, and they appreciate and want to ensure the
safety of the wildlife. He further stated they have worked with the Department of Public Works, Weed
Management Division, for the past 15 years to enforce weed management control on the neighboring
properties; however, his neighbors have not been cooperative. Mr. Francis stated the Town of Windsor
has already built in the flood plain, adjacent to his property, and he has adequate existing accesses and
easements, which were in place prior to the Town's development.
In response to Chair Geile, Mr. Hodges reviewed the proposed changes. Concerning the proposed
changes to Condition of Approval #4.D, Ms. Chester stated she has no concern with deleting
Condition#4.D.2;however,she would prefer Condition#4.D.1 remain to ensure the future property owners
are in agreement with the access crossing their property. Mr. Hodges stated the new property owners
could potentially stalemate this process even though the access existed before they moved to the area.
Responding to Commissioner Vaad, Ms. Chester stated if the properties are annexed in two years, then
this issue will no longer matter. She explained that currently this is a change in use, so the owners of
property crossed by the access need to be made aware that another party could be using the access.
Commissioner Vaad commented it is likely this property will be annexed within the next two years,
therefore,he has no concern with deleting the condition as requested,and replacing the language to state
as proposed by Mr. Hodges. Mr. Barker indicated he concurred with Ms. Chester's comments. Mr. Francis
clarified the easements were put in place when they were considering the possibility of future development
of the farm. He stated they are 60 feet wide and adequate for emergency vehicle access; however, they
are currently used for farming operations. In response to Commissioner Vaad, Mr. Francis stated that it
is unlikely they will develop on the building envelope within the next two years. Mr. Hodges reviewed the
remaining proposed changes discussed in Exhibit A.
No public testimony was offered concerning this matter.
Commissioner Vaad moved to approve Recorded Exemption #3124 for Tom and Linda Francis with the
Conditions of Approval as recommended by staff. His motion also included deleting Condition of Approval
#4.C, amending Condition #4.D to state, "The applicant shall submit copies of any recorded access
easements to the Department of Planning Services," deleting Conditions #4.F, #4.G, and #4.H, and
amending Condition #4.l to state, "The applicant shall provide the Department of Planning Services with
evidence of a letter of agreement with School District RE-4 indicating agreement concerning the payment
of a cash-in-lieu fee, in the amount of$1,214.57, at the time building permits are issued." Commissioner
Long seconded the motion. Upon a call for the vote, the motion carried, with Commissioner Jerke
opposed.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. No Ordinances were approved.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Acting Clerk to the Board.
Minutes, August 13, 2001 2001-2278
Page 4 BC0016
There being no further business, this meeting was adjourned at 10:10 a.m.
BOARD OF UNTY COMMISSIONERS
�..' WELD CO TY, COLORADO
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r =, M. J. eile, Ch 'r
Weld County Clerk to the ct ‘40,
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BY:
Deputy Clerk to the Board EXCUSED DATE OF APPROVAL
Willia . Jerke
David E. Long
EXCUSED DATE OF APP OVAL
Robert D. Masden
Minutes, August 13, 2001 2001-2278
Page 5 BC0016
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