HomeMy WebLinkAbout991988.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
AUGUST 18, 1999
TAPE #99-28
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 18, 1999, 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 Dale K. Hall, Chair
Commissioner Barbara J. Kirkmeyer, Pro-Tem - TARDY
Commissioner George E. Baxter
Commissioner M. J. Geile
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 16, 1999, as printed. Commissioner Vaad
seconded the motion, and it carried unanimously.
ADDITIONS TO
AGENDA: There were no additions to the agenda.
CONSENT AGENDA: Commissioner Baxter moved to approve the consent agenda as printed.
Commissioner Vaad seconded the motion, and it carried unanimously.
COMMISSIONER
COORDINATOR
REPORTS: Commissioner Geile reported that in a letter from the Colorado Department of
Human Services, the Weld County Department of Social Services was
congratulated on reducing its Food Stamp payment error rate from 9.5 percent
to 1.8 percent.
991988
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Commission Vaad stated the recent sales at the Weld County Fair totaled
approximately $250,000, which will boost participation for next year's fair.
Chair Hall commented that he toured the Weld County Communications backup
site, which is now on-line. He stated this property was a good investment and
will be beneficial in the future.
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 $195,948.25
Electronic Transfers -All Funds $3,488.49
Commissioner Baxter moved to approve the warrants as presented by Mr.
Warden. Commissioner Vaad seconded the motion,which carried unanimously.
BIDS: PRESENT BIDS: Mr. Warden stated there are no bids to present.
BUSINESS:
NEW: CONSIDER ELECTION OF TEMPORARY CHAIR FOR AUGUST 23, 1999,
BOARD MEETING: Commissioner Vaad moved to appoint Commissioner
Baxter as the temporary Chair for the August 23, 1999, board meeting.
Commissioner Geile seconded the motion, which carried unanimously.
CONSIDER INTERGOVERNMENTAL AGREEMENT FOR EXCHANGE OF
VARIOUS GOVERNMENTAL SERVICES AND AUTHORIZE CHAIR TO SIGN:
Mr. Warden stated this agreement formalizes the ability of the participating
governments to exchange various resources and services under appropriate
circumstances. Commissioner Baxter moved to approve said agreement and
authorize the Chair to sign. Seconded by Commissioner Geile, the motion
carried unanimously.
(Clerk's Note: Commissioner Kirkmeyer is now in attendance.)
PLANNING: THIRD READING OF ORDINANCE #89-JJ, IN THE MATTER OF THE
REPEAL AND RE-ENACTMENT, IN ITS ENTIRETY,OF THE WELD COUNTY
ZONING ORDINANCE: Commissioner Baxter moved to read Ordinance#89-JJ
by title only. Commissioner Kirkmeyer seconded the motion, which carried
unanimously. Bruce Barker, County Attorney, read said title for the record.
Anne Best-Johnson, Department of Planning Services, stated since the second
reading three issues have been brought to staff's attention which need to be
addressed in the Zoning Ordinance, including notification to mineral or
subsurface owners, accessory structure size, and FEMA regulations. Ms.
Johnson explained the Assessor's records are complete for revenue producing
properties; however, the list may not be complete for nonrevenue producing
sites. Ms. Johnson stated Sections 31.3, 31.4.16, 32.2.3, 32.2.4.7, 32.3.3,
Minutes, August 18, 1999 991988
Page 2 BC0016
32.4.3, 32.5.3, 32.6.3, and 36.3.10 deal with accessory structure size. She
further stated staff contacted surrounding jurisdictions and found that some use
a percentage of total accessory lot coverage to determine the allowable size of
structures. She further stated the four percent figure is most similar to the
existing 1,500 square foot regulation on a one-acre lot. She explained the four
percent figure allows a total of 1,742 square-foot in accessory structure on a
one-acre lot. Ms. Johnson displayed an overhead, marked Exhibit C(1), and
explained the difference between the allowable size of accessory structures with
the four percent figure versus the standard 1,500 square feet. Ms. Johnson
also displayed an overhead, marked Exhibit C(2) showing the allowable size on
a one-acre lot, and added that the four percent figure will benefit larger lot sizes.
In response to Commissioner Geile, Ms. Johnson stated there are no
restrictions on the size of the principal dwelling; if damage occurs to structures
built prior to approval of this ordinance the owner will be allowed to rebuild at the
previous size. New structures will be subject to the new regulations.
Commissioner Vaad commented the$1,100 fee for obtaining a Use by Special
Review seems to penalize owners of smaller lots who want a larger structure.
In response to Commissioner Vaad's comments, Chair Hall stated the issue is
the size of the structure in relation to the amount of lot coverage, versus a
building to building ratio. Mr. Barker stated he received a call expressing
concern regarding the gross floor area. Ms. Johnson read the definition of
gross floor area for the record and stated the four percent figure will prevent
excessive structures. In response to Commissioner Baxter, Lee Morrison,
Assistant County Attorney, stated the gross floor area is the habitable area, not
the footprint of the house and garage. Chair Hall stated it would be helpful to
amend in the referenced Sections to include the word "gross" prior to "floor
area"to clarify the definition. In response to Commissioner Geile, Mr. Morrison
stated the basement and attic areas are included in the gross floor area if the
they are habitable. Ms. Johnson stated the last issue to discuss is consistency
with FEMA requirements. She explained Weld County cannot modify FEMA
maps; however, it can call and request changes. Mr. Morrison stated when the
program started the maps were vague; however, FEMA is the process of
generating detailed maps of flood elevation, based on demand when an area
begins to develop. Mr. Morrison stated he has no concern with how the Zoning
Ordinance is written, but there appears to be some public misconception as to
who is responsible for revising the maps. He clarified the County can take
requests; however, the changes must be made through FEMA. In response to
Commissioner Vaad, Ms. Johnson stated there is a phone number available for
requesting a revision to the maps. There was no public testimony concerning
this matter.
Commissioner Vaad requested discussion regarding the recording of severed
mineral rights. Mr. Barker referred to Exhibit D regarding the duty of the
Assessor's Office to provide a current and complete mineral owners list. He
also submitted Exhibit E, which he stated is more up-to-date. Mr. Barker stated
the Colorado Revised Statutes do not require the Assessor to provide a list of
mineral owners. Mr. Morrison stated the proposed language in the Zoning
Ordinance is for clarification, not a change in procedure. He explained that staff
is aware that the Assessor's list is not complete and can't be fully relied upon;
Minutes, August 18, 1999 991988
Page 3 BC0016
however, the State statute was changed approximately 15 years ago to require
mineral and subsurface owners to be given the same notice as surface owners.
He stated this ruling benefits Weld County, as well as the developer, because
it creates a defense if the mineral owner ever claims they were not given
property notice. He further stated the Assessor is not obligated to provide a list
of mineral owners. In response to Commissioner Geile, Mr. Morrison stated the
list is for taxation purposes and not for notification purposes. In response to
Commissioner Vaad, Commissioner Kirkmeyer stated legislative action is not
necessary because the Statute already addresses the requirements; however,
the question is whether the applicant or the County is responsible for getting a
complete list. In response to Commissioner Baxter, Mr. Morrison stated the
Assessor is primarily concerned with the operator extracting minerals rather
than all interested parties because the operator handles the expenses. He
explained to obtain an accurate list requires referencing the Assessor list,
conducting a title search,and reviewing the specific documents, rather than only
relying on the Assessor's files. Commissioner Baxter expressed concern with
the County being responsible for checking the list provided. Mr. Morrison stated
the language change clarifies that the Assessor's list cannot be relied upon. In
response to Commissioner Vaad, Mr. Morrison stated the surface owner is
responsible for showing a reasonable accommodation has been made to notify
the mineral owner. Commissioner Geile commented that the language will
require an applicant to provide a certified list of the mineral and sub-surface
mineral owners. Commissioner Kirkmeyer commented this requirement is to an
applicant's advantage because it will ensure that the affected parties have been
notified to prevent objections to a development in the future. Mr. Barker stated
the proposed language has already been incorporated into Section 24.7.2.10,
but it should also be included in Sections 21.7.1.10, 25.7.2.4.14.8, 28.5.1.17,
and 28.9.1.20. Commissioner Kirkmeyer moved to approve Ordinance#89-JJ
with the amendments as proposed by staff,the addition of the word"gross"prior
to the words "floor area" in Sections 31.3, 31.4.16, 32.2.3, 32.2.4.7, 32.3.3,
32.4.3, 32.5.3, 32.6.3, and 36.3.10, and amend Sections 21.7.1.10,
25.7.2.4.14.8, 28.5.1.17, and 28.9.1.20 as explained by Mr. Barker. Second by
Commissioner Baxter, the motion carried unanimously.
RESOLUTIONS AND
ORDINANCES: The resolutions were presented and signed as listed on the consent agenda.
Ordinance#89-JJ was approved on third 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, August 18, 1999 991988
Page 4 BC0016
There being no further business, this meeting was adjourned at 10:05 a.m.
BOARD OF COUNTY COMMISSIONERS
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Minutes, August 18, 1999 991988
Page 5 BC0016
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