HomeMy WebLinkAbout972444.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
NOVEMBER 24, 1997
TAPE #97- 31
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,
November 24, 1997, 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 George E. Baxter, Chair
Commissioner Constance L. Harbert, Pro -Tern
Commissioner Dale K. Hall
Commissioner Barbara J. Kirkmeyer
Commissioner W. H. Webster
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Esther E. Gesick
Director of Finance and Administration, Donald D. Warden
MINUTES:
CERTIFICATION
OF HEARINGS:
ADDITIONS TO
AGENDA:
Commissioner Webster moved to approve the minutes of the Board of County
Commissioners meeting of November 19, 1997, as printed. Commissioner
Kirkmeyer seconded the motion, and it carried unanimously.
Commissioner Harbert moved to approve the Certification of Hearings
conducted on November 18, 1997, as follows: 1) Violation Hearings; and
Hearing conducted on November 19, 1997: 1) Special Review Permit #1091 -
Hirsch Dairy. Commissioner Hall seconded the motion, which carried
unanimously.
Three items were deleted from New Business: 6) Consider HIV Prevention
Case Management Grant Proposal and authorize Chair to sign; 7) Consider
HIV At -Risk Grant Proposal and authorize Chair to sign; and 8) Consider HIV
Public Awareness Grant Proposal and authorize Chair to sign
CONSENT AGENDA: Commissioner Harbert moved to approve the consent agenda as printed.
Commissioner Webster seconded the motion, and it carried unanimously.
972444
BC0016
PUBLIC INPUT:
Artie Elmquist, representative for citizens in the St. Vrain Rural Impact District,
read a letter for the record. The letter expressed concerns of the rural people
in the St. Vrain Valley regarding the impact of long-term growth and physical
expansion.
Ann Hansen, Weld County resident, spoke in favor of the St. Vrain Rural Impact
District forming a referral agency and gave details concerning the possible
effects of the proposed MUD coming into the area. Commissioner Kirkmeyer
stated she felt the detailed information submitted was inappropriate and should
be kept for public testimony during a MUD hearing. Ms. Hansen stated broader
concerns involving the impact on local ditches, and questioned why this MUD
process did not begin with input from the local agencies such as the fire
department, police department, and school district.
In response to Commissioner Harbert, Mr. Elmquist stated the group is waiting
for approval from the Board before structuring a referral agency. He added the
St. Vrain Rural Impact District would like to be listed under Section 4.3.1 of the
Weld County PUD Ordinance with the other referral agencies. Mr. Elmquist
stated the purpose of the referral agency would be to have a local board
overseeing development in the area, with members of the Board chosen by
election to ensure a balanced group of representatives. In response to
Commissioner Kirkmeyer, Mr. Elmquist stated he did attend the hearings for the
MUD plan; however, the hearings were not specific to the development in the
St. Vrain area and public input is requested too far along in the process to be
effective. Commissioner Kirkmeyer clarified the Board does review any written
public input prior to hearings. Commissioner Webster stated the proposed
development areas are posted and suggested submitting input initially to the
Planning Department , as well as to the developer to ensure the group is
involved and informed from the beginning. Commissioner Harbert stated
surrounding property owners are often informed through involvement with
various agencies or ditch companies. Commissioner Kirkmeyer responded to
Mr. Elmquist by stating the County has a very extensive mailing list for notices.
PRESENTATIONS: RECOGNITION OF SERVICES - MARGARET BOTHEL, WELD COUNTY
LIBRARY DISTRICT: Chair Baxter read the certificate recognizing Margaret
Bothel, who was present, for her services with the Weld County Library District.
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following
warrants for approval by the Board:
All Funds $616,845.51
Electronic Transfers - All Funds $2,268,771.64
Commissioner Webster moved to approve the warrants as presented by Mr.
Warden. Commissioner Kirkmeyer seconded the motion, which carried
unanimously.
Minutes, November 24, 1997 972444
Page 2 BC0016
BUSINESS:
NEW: CONSIDER APPLICATION FOR 1998 LICENSE TO CONDUCT PUBLIC
DANCE OR DANCES - EATON COUNTY CLUB: Commissioner Webster
moved to approve said application. Commissioner Hall seconded the motion,
which carried unanimously.
CONSIDER RELOCATION OF REGULATORY SIGNS - WELD COUNTY
ROAD 43 AT WELD COUNTY ROAD 30: Drew Scheltinga, County Engineer,
stated the Weld County Road 43 paving project created a through road. The
proposed change in signs includes relocation of "Stop" and "Stop Ahead" signs
from Weld County Road 43 to Weld Count Road 30, to stop west bound traffic.
Commissioner Harbert moved to approve the relocation of said signs.
Commissioner Kirkmeyer seconded the motion, which carried unanimously.
CONSIDER PLACEMENT OF FOUR-WAY STOP SIGNS AT INTERSECTION
OF 83RD AVENUE AND 20TH STREET: Mr. Scheltinga stated due to a fatal
accident, a traffic study was conducted and revealed five accidents occurred
between February 6, 1997, and November 3, 1997, thereby meeting the warrant
to change from a two-way stop to a four-way stop intersection. Mr. Scheltinga
also recommended installing rumble strips on 83rd Avenue, painted stop bars,
painted "Stop Ahead" signs, "Stop" signs, and temporary flags placed on the
new signs on 83rd Avenue. Commissioner Webster moved to approve
placement of Four -Way Stop signs. Commissioner Harbert seconded the
motion, but added there will always be traffic hazards and accidents as long as
there are reckless drivers. In response to Chair Baxter, Mr. Scheltinga stated
the intersection would not be changed back if 83rd becomes a thoroughfare, but
rather a traffic signal would be required. The motion carried unanimously.
CONSIDER 1998 ANNUAL PLAN FOR AREA AGENCY ON AGING AND
AUTHORIZE CHAIR TO SIGN: Walt Speckman, Director of Human Services,
stated this plan outlines the accomplishments of the previous year and states
goals and objectives for 1998 for programs funded under the Older Americans
Act. Mr. Speckman added the budget for the plan is being submitted separately
in March when the final budget amounts are known. Commissioner Kirkmeyer
moved to approve said plan and authorize the Chair to sign. Seconded by
Commissioner Harbert, the motion carried unanimously.
CONSIDER INTERGOVERNMENTAL AGREEMENT FOR USE OF SPACE AT
CENTENNIAL PARK LIBRARY AND AUTHORIZE CHAIR TO SIGN: Chuck
Morrison, Health Department, explained in 1995 the Weld County Health
Department received a Preventive Health and Health Services Federal Block
Grant to develop a standard collection of health status indicators. These
indicators have been developed into a CDROM searchable version of the Health
Information Dataset. The Centennial Park Library has office space available to
house the computer which will serve not only the State and local health
departments, but the broader medical community and the general public.
Commissioner Kirkmeyer moved to approve said agreement and authorize the
Minutes, November 24, 1997 972444
Page 3 BC0016
Chair to sign. Seconded by Commissioner Webster, the motion carried
unanimously.
CONSIDER MEMORANDUM OF UNDERSTANDING WITH COLORADO
DEPARTMENT OF LOCAL AFFAIRS AND AUTHORIZE CHAIR TO SIGN:
Mr. Warden stated this agreement will allow the Colorado Department of Local
Affairs, along with Colorado State University, to conduct a cost comparison
analysis for Weld County, and the municipalities of Frederick, Firestone, and
Dacono concerning the MUD planning area of Southwest Weld. Mr. Warden
also stated the cost to the County will be $500. Commissioner Webster moved
to approve said memorandum of understanding and authorize the Chair to sign.
Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER INTERGOVERNMENTAL AGREEMENT REQUIRING THE
MANAGEMENT OF LEAFY SPURGE AND CANADA THISTLE ALONG
COMMON WATERWAYS AND COUNTY BORDERS AND AUTHORIZE
CHAIR TO SIGN: Ron Broda, Pest and Weed Department, stated this
agreement will allow Weld County to cooperate or contract with other counties
to provide for the integrated management of noxious weeds, share costs, share
the imposition of taxes, and the incurring of debt. Commissioner Webster
moved to approve said agreement and authorize the Chair to sign.
Commissioner Harbert seconded the motion. In response to Commissioner
Hall, Mr. Broda stated the County is not obligated to spend money above funds
set forth in the noxious weed management plan. The motion carried
unanimously.
PLANNING:
SECOND READING OF ORDINANCE #197, IN THE MATTER OF ADOPTING
THE PLANNED UNIT DEVELOPMENT (PUD) PLAN: Commissioner Hall
moved to read by title only. Seconded by Commissioner Constance Harbert-,
the motion carried unanimously. Bruce Barker, County Attorney, read the title
of Ordinance #197 into the record. Monica Mika, Director of Planning Services,
stated the planning staff is trying to make the development system more user
friendly and allow for more time to review the plans. Ms. Mika stated under the
new plan there will be two options for applicants to follow. One option allows
applicants who have specific ideas in mind to submit the details and begin the
review process early, while the second application process is more conceptual
to allow the applicant approval before deciding on the details. The main
objective is to cut down on time; however, this requires the application
information to be submitted sooner. Ms. Mika displayed overheads explaining
the new procedure and special conditions of the plan. She stated planning staff
did meet with the Planning Commission, and also sent copies of the proposed
plan to concerned citizens. Ms. Mika confirmed they have received positive
input; however, there was some concern on the amount of information required.
In response to Chair Baxter, Ms. Mika stated citizens will not be giving more
input; however, they will receive more information to look at, which should lead
to more informed questions at the hearings. Ms. Mika added the new plan will
allow for the application to be considered before they are taken before the
Board.
Minutes, November 24, 1997 972444
Page 4 BC0016
Regina Shaw, resident in the St. Vrain Valley area, submitted Exhibit A, which
suggested changes be made concerning: agricultural buffer zones between
municipalities and townships; review from the St. Vrain Valley Rural Impact
District as an Agricultural Impact Committee; the list of surrounding property
owners within 500 feet to be increased to 1500 feet; and legal notices to be
published in local papers of the municipalities nearest the site. In response to
Chair Baxter, Ms. Shaw stated the addition of Section 6.4.4.6.11 was not
intended to be a power, but a recommendation. Commissioner Kirkmeyer
stated the group will be sent information on any development if they call the
Planning Department and make themselves known; they do not have to be an
agency. Ms. Shaw stated the current process does not allow for public input
early in the process, and the proposed district would like to be listed in writing
to receive notification and a chance to give recommendations. Commissioner
Kirkmeyer stated Weld County goes beyond many others to inform all
surrounding property owners, as well as mineral right owners, so those who live
in the area will be notified regardless of whether there is an agency. Ms. Shaw
also addressed the buffer zones, and stated the area is loosing its agricultural
background. Commissioner Harbert clarified a tax would have to be paid to pay
for open space or have the land donated, otherwise the owners rights will be
violated. Commissioner Kirkmeyer stated an Open Space Plan is being worked
on and agreed it is good to keep working towards that goal; however, the
County does not have jurisdiction over municipalities and how that land is used.
In response to Commissioner Kirkmeyer, Ms. Mika stated posting a notice in
local newspapers would cause a considerable impact to the plan, as well as a
large cost to the County. Commissioner Kirkmeyer stated 10 days notice is
given to surrounding property owners, notices are posted in the County paper,
and there is a good representation of the area on the Planning Commission. In
response to Commissioner Webster, Ms. Mika stated the Planning staff will work
with the County Attorney and concerned citizens, and have a work session if
necessary to address concerns and proposed changes submitted by Ms. Shaw.
Kern Keithley, Planning Department, stated the plan does provide for more open
space by requiring 15% of each site to be designated as Open Space.
Sharon Hopper, St. Vrain Valley resident, asked who the area representative is
on the Planning Commission. Commissioner Kirkmeyer stated Glen Vaad is the
representative for that district. Commissioner Harbert moved to approve
Ordinance #197. Commissioner Webster seconded the motion. Commissioner
Kirkmeyer suggested continuing the Second Reading if there are anticipated
changes. Ms. Mika stated continuing would allow for more time to receive input
and work around the holiday season. Commissioner Harbert withdrew her
motion and made a new motion to continue Second Reading to December 15,
1997, at 9:00 a.m. Commissioner Webster seconded the motion, which carried
unanimously.
RESOLUTIONS AND
ORDINANCES:
The resolutions were presented and signed as listed on the consent agenda.
The Second Reading of Ordinance #197 was continued to December 15, 1997,
at 9:00 a.m.
Minutes, November 24, 1997 972444
Page 5 BC0016
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 10:30 a.m.
ATTEST:
Weld County C9erk.toIt
C',
BY.
Deputy Clerk to the
BOARD OF COUNTY COMMISSIONERS
WELD,CpUNTY, COLQRADO
Geor a E. Baxter, Chair
Minutes, November 24, 1997 972444
Page 6 BC0016
St. Vrain Rural Impact District
3019 WCR 20 1/2
Longmont, CO 80504
November 24, 1997
Weld County Commissioners
P.O. Box 758
Greeley, CO 80632
RE: St. Vrain Valley Rural Impact District Referral Agency.
LD COUNTY
,:-._" i.,.I,1 t.'F ^: 117
CLERK
TO THE
Dear Commissioners:
We come today as a group of landowners and residents of the St.
Vrain Valley area of Southwestern Weld County concerned about the
impacts of the unprecedented amount of growth our area is
experiencing. Following the dissolving of the Tri-area Planning
Commission and your approval of the Del Camino MUD plan (a plan
without provisions for a local planning board of MUD residents), we
as a group determined it was time to address the lack of input
allowed by residents of the St. Vrain Valley area in the county's
planning process.
The current planning procedures developers must follow in Weld
County allow public input much too late in the process. By the
time the public is given the opportunity speak, the developer has
acquired the necessary recommendations needed to meet the county's
planning and zoning criteria. All of you as commissioners and the
members of the planning and zoning commission would argue you are
doing your best to represent the people of Weld County. However,
something must be done to deal with the public's perception that
you are increasingly leaning towards representing the interests of
the developers and big businesses. Therefore, we as a group wanted
to let it be known, the lack of representation of the rural
residents and rural taxpayers of this county will not stand.
A case in point is the proposed Sherwood development to be located
near WCR 1 & WCR 20 1/2. Our group applauds the developer for
having a week long forum to seek input from a persons directly and
indirectly involved in the planning of the development. However,
to this point the developer is proceeding with a plan that will no
doubt reflect what is the most economically viable. It is our
group's understanding the plans call for a high density type of
development. While such a plan would maximize profit potential for
the developer, questions are raised about how the surrounding
agricultural community would be impacted by such a development?
Under the county's present planning process, developers do not face
any scrutiny of their plans at a public meeting until the plans are
presented to the planning and zoning commission. Usually from that
point forward the planning department's recommendationscarry
or
ar
enough weight that board members are reluctant to deny app
request a major revision of the plans to appease the public's
concerns. Therefore, it is time the surrounding property owners
and residents are allowed to formally address the impact a
development will have on the community with the planning
department.
We request that today, you qualify our committee, the St. Vrain
Rural Impact District, as a referral agency. Enclosed is the
mission statement of our referral agency. With your acceptance of
our group as a referral agency, the people of the rural impact
district can be better informed and allowed a much needed voice
early on in the planning process of future developments and county
issues affecting our area.
Sincerely,
St. Vrain Rural Impact District
Landowners and Residents
Robert Nash, Chairman
Sam and Jimmie Angelo
Rochelle Coufal
Jim and Judy Doecheff
Artie Elmquist
John Folsom
Paul and Susan Halkin
Heather Hollingsworth
Bud and Sharon Hopper
Gerald and Lynda Moisan
Mike and Ginny Shaw
Kay Stehle
St. Vrain Valley Rural Impact District
Mission Statement
To ensure that the concerns of the rural
people of the St. Vrain Valley, Weld County,
Colorado, are heard regarding the impact of long-
term growth and physical expansion based on
environmental, land use, community design,
infrastructure and lifestyle considerations.
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