HomeMy WebLinkAbout950609.tiffMINUTES
WELD COUNTY COUNCIL
February 10, 1995
Special Meeting
Tape #23-95
The Weld County Council met in Special session in full conformity with the Weld County Home Rule
Charter at the Weld County Centennial Center, 915 10th St, in Greeley, Colorado, on Friday,
February 10, 1995.
ROLL CALL:
The meeting was called to order by President Gardner and the following members were present:
Vice President Stephanie Hayward, Councilwoman Judy Curtis and Councilman Ralph Campbell.
Councilwoman Malcom arrived later.
Also present were Sharon Dunn from the Greeley Tribune, Assistant County Attorney Lee Morrison
and the Council secretary.
NEW BUSINESS:
President Gardner asked Assistant County Attorney Lee Morrison to proceed with his presentation to
the Council of the criteria the County Commissioners used to make the decision about the Del
Camino area pre -parole facility as this was the published purpose of the meeting.
Mr. Morrison presented each Council member with copies of 2 of the legal documents generated by
the Del Camino pre -parole facility decision. They were the District Court Order and Weld County's
Answer Brief to the Court of Appeals, Case #94 CA 1273. He continued with the presentation of his
perspective of the history of the pre -parole facility dispute.
President Gardner asked about the reasons that the Planning Commission had recommended denial
of the pre -parole facility. He also questioned Mr. Morrison as to whether the opponents of the facility
had had their turn to present their views at the hearings of the Planning Commission and
the Board of Commissioners.
Mr. Morrison pointed out that anyone on either side of the issue can present in writing before the
public hearings any documentation they desire relevant to the topic. All oral arguments, however,
must be presented in the hearings since the Commissioners must act in a quasi-judicial role in that
situation.
Councilwoman Hayward questioned whether everyone who wanted to present at the hearings were
allowed to do so. Mr. Morrison explained that there is not a transcript for the Planning Commission
hearing, but there is a transcript of the Commissioners' hearing. He continued to explain that the only
arguments that were not allowed to be presented were those that did not speak directly to the land
use issue. For example there was a person who wanted to discuss the philosophical aspect of pre -
parole facilities, and as that was not relevant to the land use decision it was not allowed.
Councilwoman Hayward asked about the comments she has heard that Commissioners felt they had
no choice but to approve the facility or they would have been sued. Mr. Morrison stated that there is
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County Council Minutes
Special Meeting, February 10, 1995
Page 2
a subjective aspect to the Commissioners' decision. One example would be that the criteria that the
proposal be consistent with The Comprehensive Plan brings up the fact that the Comprehensive Plan
is a subjective document. Also, The Villa's history in Weld County has not been to pursue litigation
though anytime a proposal is denied the applicant has the right to appeal.
Mr. Morrison set out each item that had to be considered as to whether a proposal fits the specific
land use for the Planned Unit Development in Del Camino.
Councilman Campbell asked about the extenuating factors involved in such a facility -proposal such
as electrical providers that would have an interest in whether or not the facility is built. Mr. Morrison
pointed out that in this case, the availability of a sanitation district was a significant factor in The Villa's
desire to locate in this particular area.
Councilwoman Hayward asked Mr. Morrison about the time line of the various events leading up to
the present status of the pre -parole facility. Mr. Morrison pointed out that a time line appeared on
pages three through seven of the Answer Brief.
Councilwoman Hayward expressed grave concern that the Commissioners voted for this proposal
when the Commissioners' constituents were against the proposal. Mr. Morrison pointed out that while
there is a highly verbal group against the facility, there are also many people, in favor of this proposal.
Councilmen Gardner and Campbell mentioned various economic organizations that were very much
in favor of the pre -parole facility because of the financial dimension it will bring to the area even
though Boulder and Laramie Counties may benefit more than Weld County.
How the opponents of the facility were treated as they went through the County process was the most
pressing concern of the Council. Councilman Campbell asked questions of Mr. Morrison as to the
availability of advice to a citizen of the County from County personnel as to how to precede with a
referendum or petition. Mr. Morrison said that the Clerk and Recorder is specifically prohibited by
state statute from providing legal advice and the County Attorney's office's duty is to represent the
County Commissioners. The dilemma of conflict -of -interest versus responsive government as it
applied to the County Attorney's office attempt to help citizens initiate referendums/initiatives was
discussed.
Councilmen Campbell and Gardner expressed an interest in the Council putting together an "initiative
packet" and a "referendum packet" that would be available to citizens who are unhappy with
Commissioners' decisions and desire direction as to how to proceed within the system to alter such
decisions. A "how-to handbook" was suggested.
Mr. Morrison pointed out that he would be concerned for the Council putting itself in a precarious legal
position if someone should accuse the Council of providing faulty information. Mr. Morrison
suggested that perhaps a preferably route to go would be for the Council to compile a library of
materials or a list of references that would be available to the public. He stated that there are a
number of excellent publications that are not published specifically for lawyers that give a general
understanding of these issues. The Council could have a library of easily -accessible information, that
would guide a citizen or citizens group through the legal process of a referendum or an initiative. The
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Special Meeting, February 10, 1995
Page 3
Council could also maintain a file of sample petitions that are in proper form that could be available to
the public to direct them through the process. He urged the Council to provide material to the public
that would not be published by the Council because of potential liability problems for the Council.
The Council thanked Lee Morrison for his assistance to the Council.
ADJOURNMENT:
The meeting was adjourned at 5:04 pm.
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