HomeMy WebLinkAbout991935.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
SEPTEMBER 20, 1999
TAPE #99-29 c-30
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,
September 20, 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- EXCUSED
Commissioner Barbara J. Kirkmeyer, Pro-Tem
Commissioner George E. Baxter
Commissioner M. J. Geile
Commissioner Glenn Vaad
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Carol A. Harding
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Vaad moved to approve the minutes of the Board of County
Commissioners meeting of September 15, 1999, as printed. Commissioner
Geile seconded the motion, and it carried unanimously.
CERTIFICATION
OF HEARINGS: Commissioner Baxter moved to approve the Certification of Hearings conducted
on September 15, 1999, as follows: 1) Change of Zone #527 from
A (Agricultural) to PUD (Planned Unit Development) - The Peaks at Mountain
View, Tom and Margaret Russell, current owner Karen Libin c/o Linn Leeburg;
and 2) A Site Specific Development Plan and Final Plan S #497 - Moriah
Estates, Shiloh, Inc., % James Scott, Jr. Commissioner Vaad 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 Geile seconded the motion, and it carried unanimously.
991935
BC0016
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 $504,444.78
Electronic Transfers -All Funds $1,688.84
Commissioner Baxter moved to approve the warrants as presented by Mr.
Warden. Commissioner Vaad seconded the motion,which carried unanimously.
BUSINESS:
NEW: CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES AND
AUTHORIZE CHAIR TO SIGN - CAM-TECH MACHINE AND TOOL, LTD:
Bruce Barker,County Attorney stated the Assessor has recommended approval
on the next three items. Commissioner Vaad moved to approve said abatement
and authorize the Chair to sign. Seconded by Commissioner Baxter,the motion
carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES AND
AUTHORIZE CHAIR TO SIGN - RICHARD THOMAS: Commissioner Vaad
moved to approve said abatement and authorize the Chair to sign. Seconded
by Commissioner Geile, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES AND
AUTHORIZE CHAIR TO SIGN -HS RESOURCES, INC.: Commissioner Vaad
moved to approve said abatement and authorize the Chair to sign. Seconded
by Commissioner Baxter, the motion carried unanimously.
CONSIDER PETITION TO VACATE A PORTION OF WELD COUNTY ROAD
24.5 - EAGLE CLAW FISHING EDUCATION CENTER: Lee Morrison,
Assistant County Attorney explained this is for the road on the edge of Barbour
Ponds, which is not currently in use although it may have been used at some
prior time. He further stated the surveyor described this portion of road as the
west right-of-way line for 1-25. Mr. Morrison explained this is land donated by
the Rademacher Partnership, Eagle Claw Fishing Education Center and no one
else should have potential access, although the Clerk to the Board's office did
publish notices in accordance with statutes and county procedures. He also
explained the vacation is important for Eagle Claw' to have the use of that
portion of property while laying out its site plan on the land use application. Mr.
Morrison stated the Department of Public Works reviewed this petition several
months ago and had no concerns. Commissioner Baxter moved to approve
said vacation. Seconded by Commissioner Vaad, the motion carried
unanimously.
Minutes, September 20, 1999 991935
Page 2 BC0016
CONSIDER AMENDMENT TO CRIMINAL JUSTICE ADVISORY COMMITTEE
BYLAWS: Mr. Barker stated the Sheriff's Office recommended the changes
which will increase the number of positions to 20. Commissioner Vaad moved
to approve said amendment. Commissioner Geile seconded the motion, which
carried unanimously.
CONSIDER GRANT APPLICATION FORM FOR LONG TERM CARE
OMBUDSMAN ADVOCATE/FRIENDLY VISITOR PROGRAM AND
AUTHORIZE CHAIR TO SIGN: Walt Speckman, Director of Human Services
stated this is the application to the VALE Board for $8,500 to allow more
visitations for nursing homes. Term of said agreement is January 1, 2000 to
December 31,2000. Responding to Commissioner Vaad, Mr.Speckman stated
the county's role is to be there to act as mediator between the patient and the
nursing home when complaints are made. Mr. Speckman also explained
circumstances beyond compliance would be referred to the proper authorities
for investigation,and no additional staff is included. Commissioner Geile moved
approve said application and authorize the Chair to sign. Seconded by
Commissioner Baxter, the motion carried unanimously.
CONSIDER RENEWAL LETTER #2 FOR STATE PER CAPITA CONTRACT
AND AUTHORIZE CHAIR TO SIGN: John Pickle, Director of Public Health and
Environment, said this is a renewal of the state per capita contract, which is at
approximately $1.75 - $2.00 per capita. The renew letter allows for a slight
increase to a total of $200,950. Commissioner Vaad moved to approve said
contract and authorize the Chair to sign. Seconded by Commissioner Baxter,
the motion carried unanimously.
CONSIDER VALE GRANT APPLICATION FOR VICTIM WITNESS
PROGRAM: Nancy Haffner, District Attorney's office, stated this application is
for the term of January 1, 2000 through December 31, 2000. She stated the
department also applies for VOCA grant funds and Weld County General Fund
dollars. Commissioner Geile moved to approve said application. The motion,
which was seconded by Commissioner Baxter, carried unanimously.
CONSIDER RESOLUTION RE: CORRECTION TO RESOLUTION #950058 -
JAMES STROHAUER: Mr. Warden stated this is a correction to a legal
description on said resolution. Commissioner Geile moved to approve the draft
resolution. Commissioner Vaad seconded the motion, which carried
unanimously.
CONSIDER RESOLUTION RE: DECLARE CERTAIN EQUIPMENT AS
SURPLUS PROPERTY: Mr. Warden stated the list of vehicles and equipment
was presented for approval of disposition at the Larimer County auction.
Commissioner Baxter moved to declare the listed equipment as surplus property
and authorize the sale of said equipment at auction. Commissioner Vaad
seconded the motion, which carried unanimously.
CONSIDER AGREEMENT FOR ANNUAL COST OF LIVING ADJUSTMENT
AND AUTHORIZE CHAIR TO SIGN - SCT: Mr. Warden explained the cost of
living adjustment for SCT is 2.71%, based on the Denver/Boulder Consumer
Price Index. Responding to Commissioner Vaad, Mr. Warden said it is actually
Minutes, September 20, 1999 991935
Page 3 BC0016
a little lower than Weld County employees receive, because of the change in the
Consumer Price Index over the past two years. Responding to Commissioner
Geile, Mr. Warden stated the SCT contract is renewable yearly through 2008;
however, there is a buyout provision if we do not renew. Commissioner Vaad
moved to approve said agreement and authorize the Chair to sign. Seconded
by Commissioner Baxter, the motion carried unanimously.
CONSIDER MEMORANDUM OF UNDERSTANDING REGARDING
FINANCING AND OWNERSHIP OF FARM SHOW BUILDING AT ISLAND
GROVE REGIONAL PARK IN GREELEY AND AUTHORIZE CHAIR TO SIGN:
Mr. Warden stated this agreement is with the City of Greeley, the Farm Show,
GURA, and Weld County for the financing of the Farm Show Building at Island
Grove Park. The agreement spells out the obligation of Greeley, Weld County,
and the Farm Show. He stated the County and City agree to an amount not
exceeding $100,000 per year for 15 years; and the Farm Show will raise the
sum of$2,500,000 from donations, including enterprise zone tax credit, pledges,
and miscellaneous donations dedicated to the construction of the building and
shall pay it at the rate of $70,000 per year for the first five years after
construction. Responding to Chair Pro-Tem Kirkmeyer, Mr. Warden stated the
worst case scenario is listed in#2.b, and explained since some people book the
building two or three years ahead there is some delay in receiving revenues.
Commissioner Baxter moved to approve said agreement and authorize the
Chair to sign. The motion was seconded by Commissioner Vaad, who stated
this building is important to the area and supportive of the Farm Show, and that
there is a lot of competition to hold the Farm Show here. Chair Pro-Tem
Kirkmeyer stated it also helps the County Fair, which is the largest County Fair
in Colorado when compared by the number of exhibitors. The motion carried
unanimously.
CONSIDER QUIT CLAIM DEED,AUTHORIZE CHAIR TO SIGN,AND WAIVE
ANNEXATION IMPACT STATEMENT FOR ANNEXATION OF WELD COUNTY
ROADS 11 AND 20 - TOWN OF FREDERICK: Mr. Morrison stated this is for
roadways that had previously been annexed to Firestone then deannexed
because it was determined it would be more appropriate for Frederick to
maintain. He stated the towns are in agreement and there are two ways to
accomplish this. The preferred way for the Town Council of Frederick is to Quit
Claim the perimeter of the road to Frederick, since there would be different
procedures with the Town owning the property versus the Town annexing the
property. Responding to Commissioner Geile, Mr. Morrison stated Firestone
has deannexed the roads which implies its support. Chair Pro-Tem Kirkmeyer
stated this is the area in the Intergovernmental Agreement with the overlapping
urban growth boundaries and it is of record in Firestone because of the
deannexation. Commissioner Geile moved to approve the Quit Claim Deed and
authorize the Chair to sign. The motion was seconded by Commissioner Geile,
and Mr. Morrison stated the Board can waive the annexation report at this time
because it was already done once, it is for only the roadway, and it was part of
the previous discussions on the urban growth area. The motion carried
unanimously.
Minutes, September 20, 1999 991935
Page 4 BC0016
PLANNING: CONSIDER CANCELLATION AND RELEASE OF COLLATERAL -
ANTELOPE HILLS, S #312: Mr. Barker stated this item, as well as the next
three items are to cancel collateral we have had on hand for quite some time.
He explained the Departments of Planning Services and Public Works have
checked on the projects and verified that all four can be released. Responding
to Commissioner Geile, Mr. Barker stated there is no real cash, this is for
release of two letters of credit. Commissioner Geile moved to cancel and
release said collateral. Seconded by Commissioner Vaad, the motion carried
unanimously.
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL-DOS RIOS
ESTATES, PHASE 1, SECOND FILING, S #385: Mr. Barker stated this is a
different type of agreement, but basically the same thing as the above item.
Commissioner Vaad moved to approve, and Commissioner Geile seconded the
motion, which carried unanimously.
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL -GANDER
VALLEY PUD,S#423 -DOUGLAS MEYERS, %JAMES S. HILLHOUSE: Mr.
Barker stated this is also a letter of credit. Commissioner Baxter moved to
approve. Commissioner Geile seconded the motion, which carried
unanimously.
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL - MOUNT
CALVARY LUTHERAN CHURCH, USR#923: Mr. Barker stated this also is a
letter of credit. Commissioner Vaad moved to approve and Commissioner Geile
seconded the motion, which carried unanimously.
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY
REGARDING COLLATERAL FOR IMPROVEMENTS (PRIVATE ROAD
MAINTENANCE), ROAD MAINTENANCE AND IMPROVEMENTS
AGREEMENT, AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL
FOR EDEN'S RESERVE PUD - MARK AND JACKIE EBERL: Ben Patton,
Department of Planning Services recommended approval of said agreements
and acceptance of collateral. He said the Department of Public Works has
reviewed the amounts and recommends approval, and he also stated these are
Conditions of Approval on the PUD. Commissioner Geile moved to approve the
two agreements, authorize the Chair to sign, and accept the collateral.
Seconded by Commissioner Baxter, the motion carried unanimously.
CONSIDER ACCEPTANCE OF CONSERVATION EASEMENT FOR EDEN'S
RESERVE PUD AND AUTHORIZE CHAIR TO SIGN - MARK AND JACKIE
EBERL: Mr. Patton stated a Condition of Approval for the Change of Zone was
to execute a Conservation Easement on the agricultural outlot. Mr. Morrison
stated this was completed based on one previously accepted by the Board. He
noted it is only in effect for a 10-year period as discussed at the zone change
and stated Paragraph 2 allows only the County to have authority for any further
exemption or further division. He also stated the Final Plan was a staff approval.
Commissioner Geile moved to accept said conservation easement.
Commissioner Vaad seconded the motion, which carried unanimously.
Minutes, September 20, 1999 991935
Page 5 BC0016
CONSIDER AMENDED RECORDED EXEMPTION #2474 - ROGER AND JO
MOTLEY: Sherry Lockman, Department of Planning Services,stated Recorded
Exemption #2474 was approved on June 7, 1999, by the Board of County
Commissioners. Ms. Lockman stated changes were made to the original
application, whereby the west 50 acres were referred to in the previously
hearing, instead of the east 50 acres. Also Lot A was 5 acres in the southeast
corner of the property, and it has now been moved. Responding to
Commissioner Baxter, Ms. Lockman stated it was discussed at the previous
hearing; however, the description referenced the west 50 acres instead of the
east. Roger Motley, applicant, stated the reason for the change was the original
configuration had lot lines going through cattle pens and building. (Changed to
Tape #99-30.) There was no public testimony given. Commissioner Baxter
moved to approve said amendment. Commissioner Vaad seconded the motion,
which carried unanimously.
CONSIDER RECORDED EXEMPTION #2491 - GILLIAN KELLEY: Eric
Jerman, Department of Planning Services stated this is an 80-acre parcel east
of, and adjacent to, the Weld/Larimer County line, and is nine miles north of
Nunn. Mr. Jerman stated staff is recommending denial since the applicant has
not shown compliance with Sections 11.4.2.1 through 11.4.2.6 of the
Subdivision Ordinance,specifically Section 11.4.2.4,which requires consistency
with the purpose of efficient and orderly development as expressed in Section
1.3 of the Subdivision Ordinance. Mr. Jerman explained that access is
problematic because there are no county maintained roads to provide access
to the proposed lots. Mr. Jerman also stated Section 19 already has an
existing Recorded Exemption south of and adjacent to this parcel;therefore,this
Recorded Exemption would create four Recorded Exemption lots in this section.
Including Sections 17 and 20, which are east and northeast of Section 19, this
application would create eight Recorded Exemptions, for a total of 25 lots in a
rural area, none of which were created through the formal subdivision process,
and no consideration was given to infrastructure or the County's ability to
provide services. Mr. Jerman stated the applicant has not complied with
Section1.3.2 because without direct access, the health, safety, and general
welfare of the residents of the County would be compromised, and the location
does not allow for adequate services to be provided for the residents, and
school buses would not be able to get closer than 1.25 miles to the parcel.
Responding to questions from Commissioner Baxter, Mr. Jerman stated in a
previous nearby Recorded Exemption Patty Deplazes had to build a portion of
road. Mr. Jerman stated Weld County Road 102 is currently unimproved and
almost impassable, and that there is no road at all where 15 and 13 would be,
between Weld County Roads 102 and 104. Commissioner Geile clarified athat
this would be a total of four Recorded Exemption lots in this section, since only
one Recorded Exemption currently exists, just south of the submitted parcel.
Commissioner Baxter stated there has not been Board approval for a lot of the
development, since individuals are allowed to build on each 80-acre parcel. Mr.
Jerman verified for Commissioner Geile that the total number of parcels on
three sections would be 25 and stated most of the approved parcels have
proper road access. Chair Pro-Tem Kirkmeyer also stated the exemptions that
were approved by the Board were not approved unanimously. Responding to
Commissioner Geile, Mr. Jerman stated Weld County Road 102, as well as 13
and 15 are not improved in this area.
Minutes, September 20, 1999 991935
Page 6 BC0016
Gillian Kelley, applicant,was advised by Mr. Barker of the procedure in the case
of a tie vote with one Commissioner absent. Henry Kelly, husband of the
applicant, discussed the number of people trying to use road 102, which is not
improved and presented Exhibit A, six pictures of the road. He stated it has a
fairly steep grade between Weld County Roads 13 and 15, since there is a high
ridge on 15, and said the areas proximity to 1-25 and Fort Collins makes it
desirable property, if you could get to 1-25. He stated there are no retail
businesses in Nunn and the nearest significant activity is in Ault. Mr. Kelley
stated if the Recorded Exemption is granted the applicant would, from realized
funds, undertake improvement of Weld County Road102 between Weld County
Roads 13 and 15. He stated they would form an improvement district, with the
applicant as the main contributor, then request Weld County to accept and
maintain said road. He clarified that Weld County Road 102 to the east of this
site between Sections 20 and 29 is improved but not accepted by County. Mr.
Kelley stated the improvement of said road would provide access for all homes
in the area to 1-25 and Ft. Collins, and the closest improved road which allows
access to 1-25 is four miles north. He said presently they traverse a loop of four
miles, going east, then south, then west to get to 1-25. Responding to
Commissioner Baxter, Mr. Kelley stated Road 100 is paved; and the Recorded
Exemption south of this parcel currently has one home on one lot, with the
second home approved. He also stated Weld County Road 13 to 102 is graded
gravel road and there are no homes south of Road 102. Mr. Kelley further
responded to Commissioner Baxter stated the road traveling west into Larimer
County is a good road.
Responding to Commissioner Geile, Mr. Kelley reiterated the applicant will
improve Weld County Road 102 if approved, and that there is currently no road
on 13 south of 102. He stated his access currently is off road 15 and his access
is to the east. Responding to Commissioner Geile regarding whether to include
Road 15 in the proposed improvement district, Mr. Kelley stated his
understanding is that Road 15 will be upgraded by the County as people move
in, and that once three families are on a road, the County will improve that road.
Chair Pro-Tem Kirkmeyer clarified that the County does not automatically
upgrade roads as people move in; Weld County has over 3,500 miles of roads
to maintain; and that the county may accept a road if it is brought up to County
standards, although that is determined by availability of County funds. Chair
Pro-Tem Kirkmeyer also explained an improvements district requires a vote of
the property owners who are benefitted and a majority must be in favor of the
district. Mr. Kelley stated no additional people will be moving onto Weld County
Road 102 and reiterated this approval would help the entire area.
Chair Pro-Tem Kirkmeyer stated the access is only one of the reasons staff is
recommending denial, and asked Mr. Kelley to respond to the other reasons.
Mr. Kelley stated that this is planned, orderly development; infrastructure has
already been discussed; the most significant services are utilities; water will be
by well; and access to emergency services is the other reason to approve. He
stated the quickest route is to Ft. Collins and the health, safety and general
welfare of the residents of the area would be improved, if Weld County Road
102 were to be approved. Chair Pro-Tem Kirkmeyer, stated the parcel to the
north was denied because it was not consistent with the Weld County
Comprehensive Plan, and it appears this request is not different to the one
Minutes, September 20, 1999 991935
Page 7 BC0016
denied,specifically, it is not orderly and consistent development, and the County
is unable to provide services at this time. Responding to Chair Pro-Tem
Kirkmeyer's request to address those reasons for denial, Ms. Kelley stated they
had occasion two weeks ago in an emergency situation to get their daughter to
an emergency medical facility. If the road would have been wet, it would have
been impassable and would have added a four-mile loop to their journey, which
would have delayed them reaching the facility.
Ms. Kelley further stated they are going to live on the property, and the first story
is already built. Responding to Commissioner Geile, Ms. Kelley stated they
purchased the property in March of 1998 and Mr. Jerman clarified they are
currently living on the property with a Mobile Home Permit for Construction.
Responding to Commissioner Geile, Mr. Jerman stated Condition of Approval
2.b was requested by the Department of Public Works. Mr. Barker stated the
approval of a Recorded Exemption could be conditional on a non-exclusive
license agreement which could be replaced with an alternate, however, the
license agreement should be the nucleus of any other agreement executed for
the property. Mr. Barker further stated, the Board should start with the License
Agreement to allow the applicant to begin the upgrading of the road; then an
improvement district could be attempted without involving the Recorded
Exemption.
No public testimony was given. Responding to Commissioner Geile, Mr. Barker
stated if the improvements agreement becomes a Condition of Approval for the
Recorded Exemption, it would make the Recorded Exemption subject to a vote,
since there is no way of telling how that process would end up. He suggested
it might be better to place the burden on the applicant, who can then have the
option of adding other parties. Commissioner Vaad stated he agrees this area
has beautiful views; however, he is not persuaded that the time is ripe for this
development, the applicant has not shown timely and orderly development, or
that the health, safety, and general welfare of the public is protected since the
area cannot be adequately serviced. Therefore, he moved to deny based on
the reasons as enumerated by staff. Commissioner Baxter seconded the
motion and stated his concerns regarding the extent of development.
Commissioner Baxter further stated that, although the Commissioners cannot
do anything about 80 acre parcels, they do have some control over smaller
parcels and the County is not currently able to service this area. Commissioner
Geile stated he will support the Recorded Exemption since the parcel directly
to south was approved by this Board and the applicant will improve Weld County
Road 102. He further stated this area is very popular and will develop in the
future. The motion to deny the Recorded Exemption carried three to one, with
Commissioner Geile 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, September 20, 1999 991935
Page 8 BC0016
There being no further business, this meeting was adjourned at 10:30 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: Lek,�/ir�1 EXCUSED
t$ ,1144 Dale Dale K. Hall, Chair
Weld County Clerk to the Boa : J .
y==� /
arbar J. Kirkmeyeo-Tem
BY:
Deputy Clerk to the Board ' _esti
IJI% Georg . axter
. J. eil
w AleS
Glenn Vaad---
Minutes, September 20, 1999 991935
Page 9 BC0016
Hello