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HomeMy WebLinkAbout970008.tiffRECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO JANUARY 6, 1997 TAPE #97-01 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, January 6, 1997, at the hour of 9:00 a.m. ROLL CALL: ELECTION OF CHAIR: ELECTION OF CHAIR PRO-TEM: The meeting was called to order by Commissioner Barbara Kirkmeyer, Acting Chair, and on roll call the following members were present, constituting a quorum of the members thereof: Commissioner George E. Baxter Commissioner Dale K. Hall - EXCUSED Commissioner Constance L. Harbert Commissioner Barbara J. Kirkmeyer Commissioner W. H. Webster Also present: County Attorney, Bruce T. Barker Acting Clerk to the Board, Carol Harding Comptroller, Claud Hanes Commissioner Harbert moved to elect Commissioner Baxter as Chair of the Board for 1997. Seconded by Commissioner Webster, the motion carried unanimously, and Commissioner Baxter took over as Chair of the meeting. Commissioner Kirkmeyer moved to elect Commissioner Harbert as Chair Pro-Tem for 1997. Commissioner Webster seconded the motion, which carried unanimously. ASSIGNMENTS: ASSIGN COMMISSIONERS TO COORDINATE DEPARTMENTS FOR 1997: Commissioner Kirkmeyer moved to approve Commissioner Coordinator assignments as listed. Seconded by Commissioner Harbert, the motion carried unanimously. 970008 BC0016 MINUTES: Commissioner Harbert moved to approve the minutes of the Board of County Commissioners meeting of December 30, 1996, as printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. ADDITIONS: There were no additions to the agenda. CONSENT AGENDA: Commissioner Harbert moved to approve the consent agenda as printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. COMMISSIONER COORDINATOR REPORTS: Commissioner Harbert commended Commissioner Kirkmeyer for the great job she did as Chair for 1996. PUBLIC INPUT: No public input was offered. WARRANTS: Claud Hanes, Comptroller, presented the following warrants for approval by the Board: All Funds Electronic Transfer: Payroll Fund $ 820,635.07 $ 77,938.37 Commissioner Webster moved to approve the warrants as presented by Mr. Hanes. Commissioner Kirkmeyer seconded the motion, which carried unanimously. BUSINESS: NEW: CONSIDER RESOLUTION RE: SCHEDULING OF REGULAR MEETINGS OF THE BOARD FOR 1997: Commissioner Kirkmeyer moved to approve said resolution. The motion, which was seconded by Commissioner Harbert, carried unanimously. CONSIDER RESOLUTION RE: AUTHORIZE PUBLICATION OF PROCEEDINGS FOR 1997: Commissioner Webster moved to authorize publication of proceedings for 1997. The motion, which was seconded by Commissioner Kirkmeyer, carried unanimously. CONSIDER RENEWAL OF HOTEL AND RESTAURANT LIQUOR LICENSE, WITH EXTENDED HOURS, FOR RAFFERTY'S, INC., DBA RAFFERTY'S, AND AUTHORIZE CHAIR TO SIGN: Bruce Barker, County Attorney, stated Deputy Bruce Martin of the Sheriffs Office does not have any concerns Minutes, January 6, 1997 970008 Page 2 BC0016 regarding this renewal. No incidents have been reported in the past year. Commissioner Webster moved to renew the license and authorize the Chair to sign. Commissioner Kirkmeyer seconded the motion, which carried unanimously. CONSIDER INSTALLATION OF TRAFFIC CONTROL DEVICES AT WELD COUNTY ROADS 53 AND 70: Drew Scheltinga, County Engineer, explained this is in response to a request from Jim and Karen Ambrose for stop signs at the intersection of Weld County Road 53 and Weld County Road 70. Mr. Scheltinga said traffic counts revealed there are over 100 cars per day on Weld County Road 53, whereas, Weld County Road 70 has less traffic. The department's recommendation, therefore, is to place "Stop" and "Stop Ahead" signs on Weld County Road 70 at Weld County Road 53, as shown on the diagram. Speed controls are not recommended. Commissioner Harbert moved to approve said installation of signs. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER QUIT CLAIM DEED WITH DOROTHY BOLIN - WELD COUNTY ROAD 392: Mr. Barker explained this Quit Claim Deed is necessary to transfer a triangular piece of property in conjunction with the vacation of Weld County Road 392. Commissioner Harbert moved to accept said Quit Claim Deed. The motion, which was seconded by Commissioner Kirkmeyer, carried unanimously. CONSIDER REAPPOINTMENT OF COMMISSIONER WEBSTER TO NORTH FRONT RANGE WATER QUALITY PLANNING ASSOCIATION: Commissioner Harbert moved to reappoint Commissioner Webster to the North Front Range Water Quality Planning Association. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER REAPPOINTMENT OF COMMISSIONER HARBERT TO LOCAL ENERGY IMPACT AND COMMUNITY DEVELOPMENT REVIEW TEAM: Commissioner Kirkmeyer moved to reappoint Commissioner Harbert to the Local Energy Impact and Community Development Review Team. Seconded by Commissioner Webster, the motion carried unanimously. CONSIDER REAPPOINTMENT OF COMMISSIONER HALL TO LOCAL EMERGENCY PLANNING COMMITTEE: Commissioner Webster moved to reappoint Commissioner Hall to the Local Emergency Planning Committee. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER APPOINTMENT OF COMMISSIONER HARBERT TO ISLAND GROVE PARK ADVISORY BOARD: Commissioner Webster moved to appoint Minutes, January 6, 1997 970008 Page 3 BC0016 Commissioner Harbert to the Island Grove Park Advisory Board. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER APPOINTMENT OF COMMISSIONER BAXTER TO FEDERAL EMERGENCY MANAGEMENT AGENCY: Commissioner Harbert moved to appoint Commissioner Baxter to the Federal Emergency Management Agency. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER REAPPOINTMENT OF COMMISSIONER KIRKMEYER TO GREELEY/WELD CHAMBER OF COMMERCE BOARD: Commissioner Harbert moved to reappoint Commissioner Kirkmeyer to the Greeley/Weld Chamber of Commerce Board. Seconded by Commissioner Webster, the motion carried unanimously. CONSIDER REAPPOINTMENT OF COMMISSIONER HARBERT TO ECONOMIC DEVELOPMENT ACTION PARTNERSHIP BOARD: Commissioner Kirkmeyer moved to reappoint Commissioner Harbert to the Economic Development Action Partnership Board. Seconded by Commissioner Webster, the motion carried unanimously. CONSIDER REAPPOINTMENT OF COMMISSIONER HARBERT TO GREELEY CONVENTION AND VISITORS BUREAU ADVISORY BOARD: Commissioner Webster moved to reappoint Commissioner Harbert to the Greeley Convention and Visitors Bureau Advisory Board. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER APPOINTMENT OF COMMISSIONER WEBSTER TO BUILDING TRADES ADVISORY COMMITTEE: Commissioner Kirkmeyer moved to appoint Commissioner Webster to the Building Trades Advisory Committee. Seconded by Commissioner Harbert, the motion carried unanimously. CONSIDER APPOINTMENT OF COMMISSIONER KIRKMEYER TO CENTENNIAL DEVELOPMENTAL SERVICES, INC., BOARD: Commissioner Webster moved to appoint Commissioner Kirkmeyer to the Centennial Developmental Services, Inc., Board. Seconded by Commissioner Harbert, the motion carried unanimously. CONSIDER APPOINTMENT OF COMMISSIONER KIRKMEYER TO JUVENILE PLANNING SERVICES COMMITTEE: Commissioner Webster moved to appoint Commissioner Kirkmeyer to the Juvenile Planning Services Committee. Seconded by Commissioner Harbert, the motion carried unanimously. Minutes, January 6, 1997 970008 Page 4 BC0016 CONSIDER APPOINTMENT OF COMMISSIONER HALL TO PRIVATE INDUSTRY COUNCIL: Commissioner Kirkmeyer moved to appoint Commissioner Hall to the Private Industry Council. Seconded by Commissioner Harbert, the motion carried unanimously. CONSIDER APPOINTMENT OF COMMISSIONER KIRKMEYER TO PLACEMENT ALTERNATIVES COMMISSION: Commissioner Webster moved to appoint Commissioner Kirkmeyer to the Placement Alternatives Commission. Seconded by Commissioner Harbert, the motion carried unanimously. CONSIDER APPOINTMENT OF COMMISSIONER HALL TO BOARD OF TRUSTEES FOR NORTH COLORADO MEDICAL CENTER: Commissioner Kirkmeyer moved to appoint Commissioner Hall to the Board of Trustees for North Colorado Medical Center. Seconded by Commissioner Harbert, the motion carried unanimously. CONSIDER APPOINTMENT OF COMMISSIONER HALL TO WELD MENTAL HEALTH CENTER BOARD: Commissioner Harbert moved to appoint Commissioner Hall to the Weld Mental Health Center Board. Seconded by Commissioner Webster, the motion carried unanimously. CONSIDER APPOINTMENT OF COMMISSIONER BAXTER TO WELD COUNTY REGIONAL COMMUNICATIONS ADVISORY BOARD: Commissioner Webster moved to appoint Commissioner Baxter to the Weld County Regional Communications Advisory Board. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER APPOINTMENT OF COMMISSIONER BAXTER TO WELD 911 EMERGENCY TELEPHONE SERVICE AUTHORITY BOARD: Commissioner Webster moved to appoint Commissioner Baxter to the Weld 911 Emergency Telephone Service Authority Board. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER APPOINTMENT AND REAPPOINTMENT TO BOARD OF TRUSTEES FOR NORTH COLORADO MEDICAL CENTER: Commissioner Kirkmeyer moved to appoint Dr. Susan Carter to replace Dr. Paul Hiratzka and to reappoint Don Cummins to the Board of Trustees for North Colorado Medical Center, with both terms to expire January 11, 2000. Seconded by Commissioner Harbert, the motion carried unanimously. Minutes, January 6, 1997 970008 Page 5 BC0016 CONSIDER APPOINTMENT AND REAPPOINTMENTS TO PLACEMENT ALTERNATIVES COMMISSION: Commissioner Harbert moved to appoint Jennifer Rudner to replace Joe Murphy as the Probation -Public representative, and to reappoint Mika Hoover, John Rocha, Sue Ruth, and Michael Escobar to the Placement Alternatives Commission, with all terms to expire December 31, 1999. Commissioner Kirkmeyer seconded the motion, which carried unanimously. PLANNING: SECOND READING OF ORDINANCE NO. 191, IN MATTER OF ADOPTING THE MIXED USE DEVELOPMENT PLAN: Commissioner Kirkmeyer moved to read by Title Only. The motion, which was seconded by Commissioner Harbert, carried unanimously. Mr. Barker read the title of Ordinance 191 into the record. Kerni Keithley, Department of Planning Services, reviewed technical changes to Ordinance 191, as listed on page one of her memo to the Board dated January 2, 1997. Monica Daniels -Mika, Director of Planning Services, stated that, following the Board's direction at the first reading, staff held a public meeting on December 12, 1996, to receive input from the citizens in the subject area. She included the six basic changes requested by the citizens in her written recommendation to the Board dated January 6, 1997. She also presented a Structural Land Use Map (Citizen Proposed), which may be used to compare staffs recommendation with that proposed by citizens in the December meeting. Ms. Daniels -Mika stated the first citizen recommendation was to change the land use classification from Employment Center to Residential/Agricultural as depicted on the map; however, today she found out the majority land owner in the area requested this remain as currently recommended with the land use designation of Employment Center. Ms. Daniels -Mika recommends another public meeting to endeavor to reach some compromise. The second request was that the Rinn Church be listed as a community/historical site. Staff concurs and has included this change on the Structural Land Use Map. The third request was for the County to actively pursue a specific MUD Planning Commission; however, after consultation with Assistant County Attorney Lee Morrison, Ms. Daniels -Mika determined this may not be a feasible alternative without further investigation. The fourth request was to change road classifications and placement of several roadways throughout the MUD area. Ms. Daniels -Mika stated Mr. Scheltinga will incorporate the land use changes into a recommendation for presentation at the final reading. The fifth concern was regarding the time window for changes to the MUD Plan. As proposed, it may be amended twice per year; however, the group represented at the December meeting felt it should only be amended once per year. Ms. Daniels -Mika feels the proposed twice per year is a fair compromise between this group and other individuals who have expressed a desire to allow amendments with no associated time perimeters. The last concern expressed was over minimal design standards associated with the Minutes, January 6, 1997 970008 Page 6 BC0016 MUD. The majority of those at the December meeting requested the highest possible land -use standards associated with the MUD. Ms. Daniels -Mika responded to questions from the Board concerning those areas of citizen concern. Todd Hodges, Department of Planning Services, discussed Section 2.3, Common Open Space, and stated the Planning Commission, at the hearing on November 5, 1996, recommended Common Open Space in the MUD area, with the exception of those containing Limiting Site Factors, equal 20 percent of the site instead of the 25 percent recommended by staff. Using overheads of Longview and Meadow Vale Farm Subdivisions, he showed the open space as initially proposed, versus the citizens 20 percent. At the first reading, the Board remained at the 20 percent level, as recommended by the Planning Commission. Mr. Hodges responded to questions from the Board, explaining that the 20 percent of Common Open Space would remain flexible enough to allow developers creative proposals for use of open space. He also discussed the need for 30 percent of Common Open Space where there are Limiting Site Factors, the majority of which is designated Flood Plain. Michael Brand expressed his concern of having the percentage of Common Open Space too high on lots which already have easements complicating the placement of buildings. Responding to a question from Commissioner Harbert, Ms. Keithley stated easements would be included as part of the open space if the development plan reflected their inclusion. Mr. Hodges added the Common Open Space concerns the design and overall layout of lots, therefore, it is not included on each individual lot. Chair Baxter reiterated 30 percent is necessary in the Flood Plain. Virginia Shaw, property owner, referred to a letter she submitted to the Board and stated the MUD area is too large not to leave plenty of open space and agriculture use. She feels this entire area will eventually be solid housing all the way to Longmont, and the distinction between communities will be lost without plenty of open space being required. Marvin Dyer, who represents a number of individuals owning approximately 400 acres of land, stated the Longview Estates Subdivision had a drainage problem which was solved by means of open space, therefore, it is not a good comparison as a normal subdivision in Weld County. He said his major concern is to have 20 or 25 percent required for open space, without allowing enough leeway for consideration of landscaping and creative uses of open space. Commissioner Kirkmeyer verified with Mr. Hodges that the flexibility is there for staff to allow for creative planning. Mr. Dyer reiterated he is concerned with a limitation determined by a flat percentage. Chair Baxter stated the Board would encourage staff to be flexible, thereby allowing developers to submit creative ideas. Reverend Warren Napier, Rinn United Methodist Church, encouraged the Board to give more regard to citizens who live in the area than the absentee landowners. There being no other comments, public testimony was closed. Commissioner Harbert moved to approve Ordinance 191 on Second Reading, with the six concerns addressed as recommended by Ms. Daniels -Mika. Commissioner Kirkmeyer seconded the motion, indicating the technical Minutes, January 6, 1997 970008 Page 7 BC0016 corrections delineated by Ms. Keithley should also be included. Commissioner Harbert agreed to amend her motion. Commissioner Kirkmeyer reiterated this includes requirement for 30 percent where Limiting Site Factors exist, and noted she would like to see definitions for the Rinn Church and the change to Residential/Agricultural at the hearing for the Third Reading. The motion carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent agenda. Ordinance 191 was approved, with changes, on Second 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. Deputy Clerk to BOARD OF COUNTY COMMISSIONERS WELD OUNTY, COLORADO George Baxter, Chair Constance L. Harbert, Pro-Tem Fxr.LtsFn Dale K. Hall ..arbara J. W. H. Webster Minutes, January 6, 1997 970008 Page 8 BC0016 Kirk meyer Hello