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Home My WebLink About972037.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO SEPTEMBER 22, 1997 TAPE #97-24 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 22, 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-Tem 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: Commissioner Webster moved to approve the minutes of the Board of County Commissioners meeting of September 17, 1997, as printed. Commissioner Hall seconded the motion, and it carried unanimously. ADDITIONS TO AGENDA: 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: There were no Commissioner Coordinator Reports. PUBLIC INPUT: No public input was offered. 972037 BC0016 WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants for approval by the Board: All Funds $643,627.59 Commissioner Kirkmeyer moved to approve the warrants as presented by Mr. Warden. Commissioner Hall seconded the motion, which carried unanimously. BUSINESS: NEW: CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES AND AUTHORIZE CHAIR TO SIGN - TROLLCO, INC.: Warren Lasell, Assessor, recommended the Board approve this petition for abatement of taxes because the equipment was double-assessed for 1995 and 1996. Commissioner Hall moved to approve said petition. Commissioner Harbert seconded the motion, which carried unanimously. CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES AND AUTHORIZE CHAIR TO SIGN - SOUTHWEST MACHINERY LEASING COMPANY: Mr. Lasell recommended approval of this abatement because the company is going to place Special Mobile Equipment tags from the Motor Vehicle Department on all the equipment. Commissioner Webster moved to approve said petition. Commissioner Kirkmeyer seconded the motion, which carried unanimously. CONSIDER CDBG CONTRACT FOR EAST EATON WATER AND SANITATION DISTRICT AND AUTHORIZE CHAIR TO SIGN: Mr. Warden stated the County applied, on behalf of the Eaton Water and Sanitation District, to connect its wastewater system to Eaton's wastewater treatment plant. Commissioner Kirkmeyer moved to approve said contract. Commissioner Harbert seconded the motion, which carried unanimously. CONSIDER CONTRACT WITH STATE OFFICE OF ENERGY CONSERVATION FOR RTD EXPANSION AND COMMUNITY NEEDS ASSESSMENTS AND AUTHORIZE CHAIR TO SIGN: Mr. Warden stated this contract allows for a community needs assessment to determine levels of potential ridership if RTD expands its service area into Weld County. Commissioner Webster moved to approve said contract. Commissioner Kirkmeyer seconded the motion, which carried unanimously. CONSIDER RESOLUTION RE: DECLARE CERTAIN EQUIPMENT AS SURPLUS PROPERTY: Mr. Warden presented the list of surplus items to be declared surplus and stated the equipment will be included in the 1997 auction. Commissioner Kirkmeyer moved to approve said resolution. Commissioner Hall seconded the motion, which carried unanimously. Minutes, September 22, 1997 972037 Page 2 BC0016 PLANNING: SECOND READING OF ORDINANCE #89-HH, IN THE MATTER OF AMENDING THE WELD COUNTY ZONING ORDINANCE: Commissioner Kirkmeyer moved to read by title only. Seconded by Commissioner Hall, the motion carried unanimously. Bruce Barker, County Attorney, read the title of Ordinance#89-HH into the record. Monica Daniels-Mika, Director of Planning Services, stated no public input has been received and discussed the changes to the Site Plan Review process, Section 23. She also requested the following amendments which were not included in the Planning Commission recommendation but are considered to be minor changes: The second sentence of Section 23.2.1.23 as printed to allow consistent language throughout the Ordinance, changing the word "condo" to "condominium" throughout the Ordinance, and deleting Sections 76 and 76.1. Gloria Dunn, Department of Planning Services, explained the changes in Section 43 regarding Mobile Homes and Accessory Dwelling Units. She stated the proposed change to Section 43.2.3 regarding Accessory Farm Use would limit the type of structure allowed, by deleting the term "Accessory Dwelling Unit". This would require a Mobile Home to be the only Accessory Farm Use allowed and would also require the Mobile Home to be a temporary use. Ms. Dunn noted the Planning Commission disagreed with staff regarding this change. Responding to concerns of the Board, Ms. Dunn explained the use presently allowed for Mobile Homes under a Commercial, Industrial, or Residential Use. Commissioner Hall indicated Section 43.3 which, as proposed, would allow the temporary use of Accessory Dwelling Units which are not Mobile Homes in the Commercial or Industrial District and questioned whether to delete the Accessory Dwelling Unit from one section without deleting it from all sections. Responding to questions from the Board, Ms. Mika stated staff is trying to address the issue of allowing a stick-built house for a temporary structure, stating staff is recommending a temporary structure be required for a temporary use, and a permanent structure be required for a permanent use. After further discussion, the Board decided the term "Accessory Dwelling Unit" should be deleted throughout the Ordinance, specifically in Section 43.2 and 43.3, and staff should reword the Ordinance as necessary to be consistent in showing a Mobile Home is to be considered only as a temporary use. In addition,the proposed language of the Planning Commission in Section 42.2.3.3 should be deleted. Ms. Dunn also explained the deletions in Section 43.2.7.1, and the addition of Section 43.2.7.9. After discussion, the Board agreed with the proposed changes to Section 42.2.7. The Board also agreed with the proposed deletion of verbiage in Section 46 since staff no longer issues building permits for manufactured homes. Jeff Stoll, Department of Health, explained Section 47 regarding Livestock Feeding Performance Standards establishes operational performance standards and the amendment deletes language which require Health Department approval which was not a practical expectation because it required staff to approve operations around every feed bunk on any feeding operation in Weld County. The amendment establishes best management practices for each of the areas addressed in Section 47 and defines more specifically when a Minutes, September 22, 1997 972037 Page 3 BC0016 violation occurs. Mr. Stoll also discussed the Planning Commission recommendation to delete Section 47.2.7, as well as the proposed definition of the"Qualified Groundwater Specialist" and explained staff would prefer to retain the wording. Mr. Stoll stated the Planning Commission recommended the deletion since State regulations take care of groundwater monitoring. Responding to questions from Commissioners Kirkmeyer and Webster, Mr. Stoll said the State does not require any type of permitting for groundwater monitoring. Commissioner Harbert stated she agrees with groundwater monitoring only if a well is drilled above the site to compare with the ones drilled below the site. Commissioner Webster strongly urged the Board to delete the wording since State regulations are in effect which would control any problems. Commissioner Kirkmeyer said the State does not have the ability to require groundwater monitoring, and can only deal with violations. After discussion it was determined that Section 47.2.7 should remain in the Ordinance, as well as the printed definition for Qualified Groundwater Specialist. Commissioner Webster stated he will have to vote against the entire Ordinance if this Section is retained. There was no public input. Commissioner Hall moved to accept the Planning Commission recommendation to approve Ordinance #89-HH on second reading adding the text to Section 23.2.1.23 which was submitted by the Planning Department, "condo" to "condominium" throughout the Ordinance, deletion of the phrase "or ACCESSORY DWELLING UNIT" throughout the Ordinance, deleting the language proposed by the Planning Commission in Section 43.2.3.3, adding back Section 47.2.7 as it was prior to the first reading, renumbering the remaining Sections of 47.2, and deleting Section 76 in its entirety. The motion was seconded by Commissioner Kirkmeyer. Mr. Barker questioned whether to add language referring to Mobile Homes throughout the Ordinance as being a temporary use only. After discussion, Commissioners Hall and Kirkmeyer both agreed to amend the motion by adding the language and the motion carried four to one, with Commissioner Webster voting against the motion. SECOND READING OF ORDINANCE #173-E, IN THE MATTER OF AMENDING THE WELD COUNTY SUBDIVISION ORDINANCE: Commissioner Kirkmeyer moved to read by title only. Seconded by Commissioner Hall, the motion carried unanimously. Mr. Barker read the title of Ordinance #173-E into the record. Ms. Mika explained the amendments to the Subdivision Ordinance will ensure that any evaluation of a Minor Subdivision includes a look at the zone district in which the site is located, as well as any Intergovernmental Agreements or Master Plans of affected municipalities. There was no public input. Commissioner Harbert moved to approve Ordinance #173-E on second reading. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent agenda. Ordinance#89-HH was approved on second reading, with changes, and#173-E was approved on second reading with no change.. Minutes, September 22, 1997 972037 Page 4 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 10:25 a.m. BOARD OF COUNTY COMMISSIONERSS WELD OUNTY, COLQRAD'/�o�6 ATTEST: l'.,,,i/,!, :� ` , 7 1'�i• fGeorgeBaxter, Chair Weld C�'u1�L a�► SI ` ski C I : • e L. Har ert, Pro-Tem BY: L 'Sna; •vll , Deputy Matriroard Dal K. Hall Lam/ arbara J. Kirkmeyer fx ff Cam Ja ,) W. H. Webster Minutes, September 22, 1997 972037 Page 5 BC0016 Hello