HomeMy WebLinkAbout20002065.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
AUGUST 28, 2000
TAPE #2000-23
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 28, 2000, 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 Barbara J. Kirkmeyer, Chair
Commissioner M. J. Geile, Pro-Tem
Commissioner George E. Baxter
Commissioner Dale K. Hall
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 Geile moved to approve the minutes of the Board of County Commissioners
meeting of August 23, 2000, as printed. Commissioner Hall seconded the motion, and it carried
unanimously.
READ ORDINANCE BY TAPE:
READ ORDINANCE #57-B BY TAPE: Commissioner Geile moved to read Ordinance #57-B by tape.
Commissioner Baxter seconded the motion, which carried unanimously.
READ ORDINANCE #165-A BY TAPE: Commissioner Vaad moved to read Ordinance #165-A by tape.
Commissioner Baxter seconded the motion, which carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Baxter moved to approve the Certification of Hearing
conducted on August 23, 2000, as follows: 1) A Site Specific Development Plan and Use by Special
Review Permit#1273, William and Mary Berg/Triple B Trees and Shrubs. Commissioner Hall seconded
the motion, which carried unanimously.
ADDITIONS TO AGENDA: There were no additions to the agenda.
CONSENT AGENDA: Commissioner Geile moved to approve the consent agenda as printed.
Commissioner Hall seconded the motion, and it carried unanimously.
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PUBLIC INPUT: John Folsom, Weld County resident, suggested the Board consider joining a regional
planning commission called the Denver Regional Council of Governments,which was formed in 1955. Mr.
Folsom stated at that time, Weld County was a rural and remote area which was not affected by the
actions of said council. Mr. Folsom stated currently Weld County is recognizing rapid growth, a booming
economy, increased need for transportation, and it is being impacted both politically and socially. He
stated the current participants of the Council will greatly influence various areas of Weld County in
determining transportation improvements and Weld County will not have any influence. Mr. Folsom stated
the City of Longmont and other growing municipalities which are involved in the Denver Regional Council
of Governments are rapidly expanding into the Mixed Use Development Area of Weld County and without
membership in the Council, Weld County has no influence over this expansion. He further stated
independence from this Council is no longer in the interest of the residents of Weld County. Mr. Folsom
stated he is not familiar with how an entity becomes associated with the Council, nor the results of
becoming a member; he simply wants to propose this idea to the Board. Chair Kirkmeyer commented
Weld County was involved in a Council of Governments with Larimer County in the 1980's. Mr. Warden
added that particular Council was dissolved because the Board at that time felt that it was just another
layer of government which was not beneficial. Chair Kirkmeyer stated she is not in favor of joining the
Denver Regional Council of Governments because she feels Weld County would loose influence, and
various members of the Board of Commissioners are members of various regional planning committees
and boards. Mr. Folsom stated although the Commissioners are involved in regional planning,the Denver
Regional Council of Governments will still be initiating various growth and transportation projects which will
significantly impact Weld County.
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $528,040.20
Commissioner Hall moved to approve the warrants as presented by Mr. Warden. Commissioner Baxter
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER RENEWAL APPLICATION FOR HOTEL AND RESTAURANT LIQUOR LICENSE AND
AUTHORIZE CHAIR TO SIGN - SCOTT PYLE, DBA SCOTTS ON 66: Bruce Barker, County Attorney,
stated Deputy William Esch indicated no concerns with this renewal application. Commissioner Hall moved
to approve said application and authorize the Chair to sign. Seconded by Commissioner Geile, the motion
carried unanimously.
CONSIDER TEMPORARY ROAD CLOSURE OF WCR 28 BETWEEN WCR 31 AND U.S. HIGHWAY 85;
WCR 16 BETWEEN WCRS 71 AND 73; WCR 86 BETWEEN WCRS 45 AND 49; AND WCR 54
BETWEEN WCRS 43 AND 45: Commissioner Hall moved to approve said temporary closures.
Commissioner Geile seconded the motion, which carried unanimously.
CONSIDER REQUEST TO INCREASE SPEED LIMIT ON WELD COUNTY ROAD 7 AND APPROVE
INSTALLATION OF TRAFFIC CONTROL DEVICES ON SAID ROAD: Frank Hempen, Jr., Director of
Public Works, stated this is a request to increase the speed limit from 35 to 45 miles per hour for 500 feet
north and south from the intersection of Weld County Road 7 at 20.5. He stated the Department of Public
Works has conducted traffic studies at this intersection and it appears that the 85th percentile speed for
Weld County Road 7 was calculated at approximately 50 to 55 miles per hour. In response to Chair
Kirkmeyer, Mr. Hempen stated staff could not find any history as to why this portion of road was initially
posted at 30 miles per hour, and although there are 29 private driveways along this stretch of road, they
produce low volumes of traffic. Commissioner Baxter commented the 85th percentile rate typically
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indicates the traveling public drive at a reasonable and responsible pace. In response to Commissioner
Vaad, Mr. Hempen stated he is not comfortable with raising the speed to 55 miles per hour because this
is an intersection; however, 45 miles per hour would be reasonable, and there have been no accident
reports since 1993. Commissioner Hall moved to approve said request and install said traffic control
devices. Commissioner Geile seconded the motion, which carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF
WELD COUNTY RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN-WINDELL/RINK: Frank Hempen,
Jr., Director of Public Works, requested this matter be continued to Wednesday,August 30, 2000, at 9:00
a.m.,to allow staff to obtain more information regarding the portion of road to be upgraded and maintained.
Commissioner Hall moved to continue said agreement to Wednesday,August 30,2000,at 9:00 a.m.. The
motion, which was seconded by Commissioner Baxter, carried unanimously.
CONSIDER APPOINTMENT TO LOCAL ENERGY IMPACT AND COMMUNITY DEVELOPMENT REVIEW
TEAM: Commissioner Geile moved to appoint Stan Cass to the Local Energy Impact and Community
Development Review Team with no term expiration. Seconded by Commissioner Hall, the motion carried
unanimously.
CONSIDER APPOINTMENT AND REAPPOINTMENTS TO UNDESIRABLE PLANT MANAGEMENT
BOARD: Commissioner Geile moved to appoint Cynthia Turner, and reappoint Karen Scopel and David
Cook to the Undesirable Plant Management Board, with terms expiring August 19, 2003. Commissioner
Vaad seconded the motion, which carried unanimously.
FIRST READING OF ORDINANCE #57-B, IN THE MATTER OF REPEALING AND RE-ENACTING
ORDINANCE#57-A,THE SETTING OF FEES FOR SERVICES PERFORMED BY THE WELD COUNTY
SHERIFF: Mr. Warden stated this amendment reflects new fees in accordance with Statutory
requirements. Commissioner Baxter moved to approve Ordinance#57-B on first reading. Commissioner
Vaad seconded the motion, which carried unanimously.
FIRST READING OF ORDINANCE #165-A, IN THE MATTER OF REPEALING AND RE-ENACTING
ORDINANCE #165, THE SETTING OF FEES FOR SERVICES PROVIDED BY THE WELD COUNTY
CLERK AND RECORDER: Mr. Warden stated many of the Clerk and Recorder fees are set by State
Statute, which were recently changed. He further stated the remainder of the changes reflect fees that
need to be updated for new services provided due to new technology. Commissioner Geile moved to
approve Ordinance #165-A on first reading. Commissioner Vaad seconded the motion, which carried
unanimously.
SECOND READING OF ORDINANCE#218, IN THE MATTER OF APPROVING AND IMPLEMENTING
THE WELD COUNTY LAND PRESERVATION SALES AND USE TAX PROGRAM: Commissioner Hall
moved to read Ordinance #218 by title only. The motion, which was seconded by Commissioner Vaad,
carried unanimously. Mr. Barker read said title into the record. Mr. Barker proposed the expiration date
in the last "Be it further Ordained" paragraph be amended from 2020 to 2010, amend Section I.A.1 to
exempt pads used in the repair or maintenance of farm equipment, all shipping pallets or aids paid for by
a farm operation, and aircraft designed or adapted to undertake agricultural operations, and he read the
correct boundary description for District 1 into the record, which will also be reflected by a map that is to
be added to the Ordinance. Don Sandoval suggested the Board approve this Ordinance, and he stated
four additional municipalities have passed resolutions in support of this Ordinance. In response to
Commissioner Geile, Mr. Sandoval listed the other municipalities that have already indicated their support.
Commissioner Geile moved to approve Ordinance #218 on second reading with the proposed changes.
Commissioner Hall seconded the motion. Commissioner Vaad clarified approval of this Ordinance will
place this issue on the November ballot. The motion carried unanimously.
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PLANNING:
CONSIDER VACATION OF SPECIAL USE PERMIT #438 - JAMES AND JUDY DOCHEFF: Sheri
Lockman, Department of Planning Services,stated James and Judy Docheff submitted a letter requesting
Special Use Permit #438 be vacated to meet a Condition of Approval for Use by Special Review Permit
#1257. In response to Commissioner Baxter, Ms. Lockman stated the Special Use Permit was for an
existing livestock operation; however, Special Use Permits cannot be amended so Use by Special Review
Permit#1257 was approved for the same site,with the Condition that Special Use Permit#438 be vacated.
Chair Kirkmeyer clarified the applicant is not present. Commissioner Hall moved to approve said vacation
of Special Use Permit#438 for James and Judy Docheff. Seconded by Commissioner Baxter, the motion
carried unanimously.
CONSIDER ZPMH #2208 - PHYLLIS ARNOLD: Wendi Inloes, Department of Planning Services, stated
Phyllis Arnold, applicant, is requesting a mobile home be placed on her property as a residence for her
parents to provide care for her children while she is at work. Ms. Inloes stated staff recommends denial
of this application because it does not comply with the standards of a medical hardship; however, there
are extenuating circumstances which staff felt the Board should consider. Ms. Inloes stated the
Department of Public Works has requested the applicant enter into a Nonexclusive License Agreement
for the upgrade and maintenance of Weld County Road 81 providing access to the site. In response to
Commissioner Geile, Ms. Inloes stated that because the applicant works in Denver and has two young
children that require supervision while she is away,her parents would provide care and be available in case
of a medical emergency. Ms. Inloes stated staff reviewed several other options for this case, but
technically, it does not fall within any of the categories for an accessory structure.
Ms. Arnold stated she would like to move her parents onto her property for medical assistance of her
children if necessary while she is away. Ms. Arnold submitted letters from her neighbors, marked
Exhibits A, B,and C, indicating no concerns with the proposal. In response to Chair Kirkmeyer, Ms.Arnold
stated her sons are eight and ten years of age. No public testimony was offered concerning this matter.
In response to Commissioner Vaad, Mr. Barker stated this type of permit is reviewed on an annual basis
by staff, and added the Board must determine whether this situation falls within the medical hardship
criteria. Ms. Inloes stated a Recorded Exemption was approved to split off this parcel in March 1997, so
that process will not be an option for several more years due to the ten-year limitation. Ms. Inloes
reiterated the situation will be reviewed annually to determine whether the permit is still necessary.
Responding to Commissioner Vaad, Ms. Inloes stated approval of this permit may be a preventive measure
to ensure there are no medical hardships caused by the father who has a criminal record. In response to
Commissioner Baxter, Ms. Arnold indicated the locations of other existing residences in the area, and
stated the parcel was split prior to her purchase, and it is approximately 35 acres in size. Responding to
Chair Kirkmeyer, Ms. Arnold stated she has reviewed and agrees with the Conditions of Approval. In
response to Chair Kirkmeyer, Don Carroll, Department of Public Works, stated the Department of Public
Works is requesting the applicant enter into a Nonexclusive License agreement for the one-mile portion
of Weld County Road 81 south of Weld County Road 74. He stated several of the neighboring properties
use this driveway, and he will try to involve them in the agreement. He also encouraged the applicant
place necessary culverts, upgrade right-of-way with more gravel and drainage to provide an all-weather
access so they can get in and out during the winter. He further clarified that the Weld County Department
of Public Works will not plow or maintain this portion of road. In response to Commissioner Baxter, Mr.
Carroll stated he has not inspected the site. Commissioner Baxter commented this portion of road was
considered for improvement many years ago; however, it is located in a ravine and it would be very
expensive to upgrade to County standards. Mr. Carroll stated he is not requesting the applicant bring the
road to County standards, but simply maintain as a private access. Chair Kirkmeyer expressed concern
with requiring this applicant to upgrade and maintain the road when she is not the only one that uses it.
Minutes, August 28, 2000 2000-2065
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Ms. Arnold stated she does not have necessary equipment for maintenance; however, one of her
neighbors does have a tractor and he does plow the existing access. In response to Chair Kirkmeyer, Mr.
Barker stated the Board needs to give staff some specific direction for reviewing this permit because this
situation is not necessarily a medical hardship. Commissioner Baxter stated this is not a medical hardship,
but he is sympathetic to the situation. In response to Chair Kirkmeyer, Mr. Barker stated the Board needs
to define the situation in relation to a medical hardship and base the motion on that reasoning.
Commissioner Geile commented the situation may also lead to a medical concern if not addressed and
this proposal may be preventive.
Commissioner Geile moved to approve the Zoning Permit for a Mobile Home,ZPMH#2208,for temporary
use during a medical hardship,for Phyllis Arnold with the Conditions of Approval as recommended by staff.
Commissioner Vaad seconded the motion and added the intent of this permit is to prevent a medical
hardship for the children as a basis for review each year. Commissioner Hall stated he does not think
Condition of Approval#6 requiring a Nonexclusive License Agreement is necessary. Commissioners Geile
and Vaad moved to amend the motion to delete Condition of Approval #6 and renumber subsequent
conditions. The amended motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. Ordinances #57-B and #165-A were approved on first reading. Ordinance #218 was approved
on second reading with changes.
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 10:00 a.m.
BOARD OF COUNTY COMMISSIONERS
W LD COUNTY, COLORADO
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ATTEST:
Barbara J. kmeyer, Chair
Weld County Clerk to the r.
1881
v0
o, . J. eile, Pro-Tem
BY:
Deputy Clerk to the Boa% Q
Ge rg . Baxter
EXCUSED DATE OF APPROVAL
Dale K, Hall
a °IQ'
Glenn Vaad
Minutes, August 28, 2000 2000-2065
Page 5 BC0016
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