HomeMy WebLinkAbout980338.tiff W7I D CO' _ MINUTES
WELD COUNTY COUNCIL
1993 c7^ 1 3 711 5aB5ary 20, 1998
Tapes ##§9AB98, 90AB98, 91AB98, 92A98
CLERK
The Weld County CourdSl} tliRilei'ular session in full conformity with the Weld County
Home Rule Charter at the Weld County Centennial Center, 915 10th Street, Greeley,
CO, Tuesday, January 20, 1998, 6:30 p.m.
ROLL CALL: The meeting was called to order by President Pam Malcom. Vice
President Judy Curtis, Councilman Ralph Campbell, Councilman Dan Oster, and
Councilman Al Roberts were present, constituting a quorum of the members. Also
present: Girls Scout Troop 854 with leaders Julie Chester, Rene, and Marla; Buck
Oliver, Mike Coco, Willow Ann Bartruff, Shani Eastin, Kirk Goble and the Council
secretary, Bev Thomas.
ELECTION OF OFFICERS: Councilman Roberts nominated Vice President Judy
Curtis for 1998 Council President. Councilman Dan Oster seconded the nomination,
Judy accepted the nomination, and the Vice President Judy Curtis was elected Council
President unanimously. Council members thanked Councilwoman Malcom for her
service as Council President.
President Curtis was seated and opened nominations for Council Vice President.
Councilman Ralph Campbell nominated Councilman Dan Oster for Council Vice
President. Pam Malcom seconded the nomination and Councilman Dan Oster was
unanimously elected Council Vice President.
SPECIAL SPEAKERS: Weld County Current Planner Shani Eastin thanked the
Council for the opportunity to speak at the meeting. She explained the recorded
exemption process in Weld County. She explained that the recorded exemption
application may be submitted to create a lot in an agricultural zone district for a single
family residential building site; separating existing improvements from agricultural land;
or creating a block in a commercial or industrial zone district for future or existing
development. She emphasized that Planning Department personnel encourage
citizens to discuss proposed recorded exemptions with department personnel from the
earliest stage and throughout the exemption application process. She said that
Weld County Planning is there to help citizens and she encouraged Council members
to refer citizens to Planning staff.
Ms. Eastin answered questions about the definition and use of clustering homes. She
stressed that the Planning Department considers a multitude of factors when evaluating
recorded exemption applications. Some of these include: topography, agricultural land
use, septic systems, and impacts to County roads.
7rfr 02/23/9? 980338
Weld County Council Minutes
January 20, 1998-Page 2 of 6
In response to a question, Ms. Eastin explained that public hearings were no longer
held during the recorded exemption application process because Colorado Revised
Statutes require that not only surrounding property owners be notified, but mineral
owners also have to be notified. Locating mineral owners can be very costly and so the
Board of County Commissioners decided to not have the public notification.
Ms. Eastin also addressed the following issues: How the public can be informed about
a recorded exemption, how to protest a recorded exemption, the size of recorded
exemptions, the significance of the amount of acreage in dividing agricultural land,
water issues related to recorded exemptions, two or three lots total available through
the recorded exemption process, frequency of when a recorded exemption may be
done, the importance of beginning the process with a legal lot, how towns' annexations
impact recorded exemptions.
The second speaker about recorded exemptions was Weld County real estate owner
and broker, Kirk Goble. Mr. Goble served on the citizens committee to rewrite the
Comprehensive Land Use Plan for Weld County. He noted that it is important to
understand that the recorded exemption process is a request for an exemption to
Colorado's 35-acre law. Mr. Goble explained differences between the "old rules"
(before the new Comprehensive Plan) and the current recorded exemption application
process. He said that the current Comprehensive Plan focuses on how the land is
going to be used and eliminates "games" that used to be played by landowners to get
their land divided.
He discussed: the definition of prime agricultural land and the emphasis on preserving
agricultural land, the requirements and significance of water sources, the legitimate
purpose of recorded exemptions, the referral system incorporated in the exemption
process including confirmation letters and notices of hearings to the applicants,
implication of time limits on recorded exemptions, and disclosing information to land
buyers about proposed development in an area. Ms. Eastin encouraged citizens to
contact her about area land use before they purchase property in Weld County.
As a Weld County citizen and user of the Weld County Planning Department, Mr. Goble
wanted the Weld County Council to know that the current Planning Department is
incredibly knowledgeable and extremely helpful. Councilman Campbell and Oster
praised the Board of County Commissioners for their leadership in making services of
Weld County more user friendly.
MUD
Shani Eastin pointed out the boundaries of the MUD that is unique in Weld County
because it has an underlying private sanitation district. She pointed out that any time
an area has public service systems (sanitation, water, and transportation network)
Weld County Council Minutes
January 20, 1998-Page 3 of 6
development is going to occur. The Del Camino interchange development occurred
with no planning or planning restrictions. In contrast the MUD provides standards for
developments and suggests uses and guidelines for the desired development in the
area. The MUD is a guide and in no way gives anyone any authority to develop the
property.
Sherwood Village
Ms. Eastin was asked about the status of Sherwood Village. She said that a PUD
(planned unit development) must be approved before Sherwood Village could become
a reality. The PUD process includes three steps: the sketch plan, the change of zone,
and a final plan. She said that Sherwood Village is in the earliest stage of the PUD
process.
Public Input Regarding Weld County PUD Issues
Shani Eastin emphasized that dialogue with concerned citizens is welcomed and
encouraged at all stages of processing PUDs. She stated that the Weld County
Planning Commission and the Board of County Commissioners act as quasi-judicial
boards regarding PUDs and therefore commission and board members are not allowed
to be in dialogue with citizens regarding proposed PUDs. Therefore, public input is best
directed to personnel of the Planning Department. Telephone calls from the public are
welcomed by the planning staff. Letters to the planning staff are also helpful as letters
may be submitted with the Planning Department's recommendation to the Planning
Commission and the Board of County Commissioners. Public announcements are not
legally required to be made until the change of zone stage. However, public input
received at earlier stages may be considered.
Shani Eastin said she would send to the Council three additional copies of the MUD
Development Standards and the MUD Background Information. She will update those
when color copies are available.
Open Space Concerns
Ms. Eastin said that Weld County Board of Commissioners does not have a way to
maintain a park system because of the size of the County - 4000 square miles.
Therefore, the Commissioners have no plans to acquire land for open spaces at this
time.
APPROVAL OF DOCUMENTATION:
December 16, 1997 Meeting Minutes
Councilman Ralph Campbell made a motion to approve the December 16, 1997
meeting minutes with the correction that President Judy Curtis had not received her
requested copy of the revised land and resource management plan for the Pawnee
Weld County Council Minutes
January 20, 1998-Page 4 of 6
National Grasslands. Councilman Dan Oster seconded the motion and it was approved
unanimously.
Resolution 118 RE: Regular Meetings of the Weld County Council
Councilwoman Pam Malcom made a motion to adopt Resolution 118 setting the times
and locations of the Weld County Council's 1998 meetings. President Judy Curtis
seconded the motion and it was approved unanimously.
Fourth Quarter 1997 Report to the People
Councilman Dan Oster made a motion to adopt the January 20, 1998 Report to the
People for the fourth quarter of 1997. Councilwoman Pam Malcom seconded the
motion and it was approved unanimously.
ADDITIONS TO THE AGENDA: There were no additions to the agenda.
APPOINTMENTS: Councilmen Dan Oster and Al Roberts will try to attend the January
29, 1998 annual Northern Colorado Transportation Summit sponsored in part by the
George K. Baum Company and supported by the Greeley Chamber of Commerce.
CORRESPONDENCE: The Council reviewed the correspondence. Councilman Al
Roberts asked Bev Thomas to research whether or not he could receive the
Commissioners' agendas via E-mail at his home. Citizens telephone him requesting
information about Commissioners' hearings and it would be helpful if he received the
agendas in a timely manner.
REPORTS: No Coordinator reports were given.
UNFINISHED BUSINESS:
BFI Land Fill Problem in Erie Area
Councilwoman Pam Malcom reported that wind regulations regarding land fills are set
by the state. If there is a steady wind of forty mph with gusts up to fifty mph the landfill
must be closed and covering must occur. The Town of Erie has contracted with Weld
County to take complaints about the BFI land fill in the Erie area. There have been no
complaints.
"Returned" Vehicle Parts"
The Council decided to put Councilman Dan Oster's inquiry about "returned vehicle
parts" on hold.
Weld County Council Minutes
January 20, 1998-Page 5 of 6
Health Department Abstinence-Based Education Grant
Councilwoman Pam Malcom will speak to John Pickle to determine if he needs letters
of support for an abstinence-based education grant.
Receiving Minutes of the Weld County Finance Corporation
President Judy Curtis reported that she had spoken with County Attorney Bruce Barker
regarding receiving minutes of the Weld County Finance Corporation and notification of
any County business involving other clients' money. She said that there had been no
activity in these areas. President Curtis said that she would continue to monitor these
topics to assure that the County Council receives copies of any action in these areas.
Beet Dump Problem
Councilman Al Roberts reported that a questionnaire accompanying an application for a
beet dump special use permit includes questions about hours of operation and tonnage
of beets to be transported. He said that citizens had expressed their concern that these
same questions are not addressed in the developmental standards which are what the
zoning people use to enforce special use permits. Councilman Roberts said that
County Attorney Bruce Barker had said that only what was covered by Commissioner
resolution or what was recorded in the developmental standards could be legally
enforced. Councilman Roberts reported that Mr. Barker had asked Zoning Compliance
Officer Julie Chester to write a letter to him requesting that the developmental
standards include information from the application questionnaire.
Councilman Roberts was asked by the Council to write a letter to the citizen concerned
about the beet dump operation noise near the citizen's home. The letter would tell the
citizen that Council members were willing to take decimal readings of the noise heard
near the concerned citizen's home when the beets are being transported. The citizen
should contact the Council if he wants the Council's further involvement.
Social Services Concerns
Councilwoman Pam Malcom and Councilman Ralph Campbell recommended that the
Council get legal counsel regarding the jurisdiction of the County Council to investigate
concerns about Social Services. Councilman Ralph Campbell made a motion that the
Council get a list of attorneys that handle family law (including consultation costs).
Councilwoman Pam Malcom seconded the motion and it carried unanimously.
President Judy Curtis appointed Councilwoman Pam Malcom, Councilman Dan Oster,
and herself to compile a list of attornies that handle family law (including consultation
costs.) The Council decided that to keep communication open with the Weld County
Board of County Commisisoners the Council President would send a letter
to the Commissioners. The Council asked the Council President to communicate that
the Council is gathering information about the possibility of employing legal counsel to
Weld County Council Minutes
January 20, 1998-Page 6 of 6
determine the scope of the Weld County Council's jurisdiction in Social Services
matters.
NEW BUSINESS:
Coordinator Assignments for 1998
President Judy Curtis tabled the Coordinator Assignments for 1998 until the February
Council meeting.
Payment of the Bills
Councilwoman Pam Malcom made a motion to pay the following bills:
Mileage for Councilman Ralph Campbell $11.88
Mileage for Vice President Judy Curtis $23.22
Mileage for Councilman Dan Oster $75.60
Mileage for Councilman Al Roberts $42.12
Councilman Al Roberts seconded the motion and it carried unanimously.
ADJOURNMENT: President Judy Curtis adjourned the meeting at 11:30 p.m..
February 17, 1998
Date approved rtis, President
44.1-1
Beverly T mas, Secretary
Hello