HomeMy WebLinkAbout20120425.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
FEBRUARY 13, 2012
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
Administration Building, Greeley, Colorado, February 13, 2012, 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 Sean P. Conway, Chair
Commissioner William F. Garcia, Pro-Tem
Commissioner Barbara Kirkmeyer
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Esther Gesick (9:00 a.m. to 9:10 a.m.)/Elizabeth Strong (9:10 a.m. to
10:00 a.m.)
Director of Finance and Administration, Monica Mika
MINUTES: Commissioner Rademacher moved to approve the minutes of the Board of County
Commissioners meeting of February 8, 2012, as printed. Commissioner Kirkmeyer seconded the
motion, and it carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Garcia moved to approve the Certification of
Hearings conducted on February 8, 2012, as follows: 1) USR #1683 — Highland Ditch Company.
Commissioner Kirkmeyer seconded the motion, which carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Rademacher moved to approve the Consent Agenda as printed.
Commissioner Kirkmeyer seconded the motion, and it carried unanimously.
BIDS:
PRESENT BID #61200042, TRAFFIC PAINT AND BEADS - DEPARTMENT OF PUBLIC WORKS:
Monica Mika, Director, Department of Finance and Administration, stated said bid will be considered for
approval on February 27, 2012.
PRESENT BID #61200046, CONCRETE WASHED ROCK AND SQUEEGEE - DEPARTMENT OF
PUBLIC WORKS: Ms. Mika stated said bid will be considered for approval on February 27, 2012.
3- ,; I
Minutes, February 13, 2012 2012-0425
Page 1 BC0016
Michael Bedell, Department of Public Works, clarified squeegee is pink colored rock, which is utilized
for culvert projects.
PRESENT BID #61100079, BRIDGE #6/25A REHABILITATION (CDOT) - DEPARTMENT OF PUBLIC
WORKS: Ms. Mika stated said bid will be considered for approval on February 27, 2012.
APPROVE BID #61200028, 2012 BRIDGE REHABILITATIONS - DEPARTMENT OF PUBLIC
WORKS: Ms. Mika stated said bid was presented on January 30, 2012. Mr. Bedell stated there are 11
bridges scheduled for rehabilitation this year and he recommended approval of the low bid from Weld
County Construction, Inc.
(Clerk's Note: Elizabeth Strong is now the acting Clerk to the Board from this point forward; Esther
Gesick was the Acting Clerk to the Board prior to now.)
Mr. Bedell stated three (3) bridges which were scheduled for rehabilitation last year were not
completed; therefore, the bridges were added onto this year's schedule, and if this bid is approved, the
rehabilitation work will commence this month and it will continue throughout the year. In response to
Chair Conway, Mr. Bedell stated the bridges were not completed last year due to taking longer than
anticipated on one of the bridges, as well as water remaining in the canals late into the year.
Commissioner Rademacher moved to approve said low bid, as recommended by staff. Commissioner
Garcia seconded the motion, which carried unanimously.
CONSIDER INSTALLATION OF TRAFFIC CONTROL DEVICE ON CR 76.5 AT CR 21: Janet Carter,
Department of Public Works, stated staff is requesting to install a Stop sign at the intersection of County
Roads 76.5 and 21, for westbound traffic on County Road 76.5. She stated there is currently a Stop
sign on the other end of County Road 76.5, and this is a fairly populated area; therefore, the Stop sign
should be installed to maintain consistency in the area. She stated the average daily traffic count for
County Road 76.5 is 148 vehicles, and the count was conducted in March, 2008. In response to Chair
Conway, Ms. Carter clarified this will be a one-way stop where County Road 76.5 intersects with
County Road 21. Commissioner Rademacher moved to approve said Stop sign installation, as
recommended by staff. Commissioner Kirkmeyer seconded the motion, which carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 12 BETWEEN CRS 3 AND 5: Ms. Carter stated said
closure will commence today, February 13, 2012, through February 16, 2012, in order to replace a
54-inch culvert pipe. She stated the average daily traffic count on County Road 12 is 220 vehicles,
according to a count conducted in the year 2008. She stated the entire detour route is paved, and road
signs and barricades will be utilized throughout the closure. Commissioner Kirkmeyer moved to
approve said temporary closure. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER INTERGOVERNMENTAL AGREEMENT FOR CONTRIBUTION FOR ROADWAY
IMPROVEMENTS FOR CR 8 BETWEEN 2,900 FEET EAST OF CR 27 AND 650 FEET WEST OF
CR 27 AND AUTHORIZE CHAIR TO SIGN - CITY OF FORT LUPTON: Bruce Barker, County
Attorney, stated this agreement was modified by the City of Fort Lupton to ensure the correct areas
were specified for where the improvements will take place on County Road 8, as well as the haul route.
Commissioner Kirkmeyer stated the Board has been working on this agreement for some time and it
initially tried to dissuade the City the Fort Lupton from traveling east on County Road 8; however, it
resulted in the City considering less safe routes. Commissioner Kirkmeyer moved to approve said
agreement and authorize the Chair to sign. The motion, which was seconded by Commissioner Garcia,
carried unanimously.
Minutes, February 13, 2012 2012-0425
Page 2 BC0016
CONSIDER APPOINTMENT TO 911 EMERGENCY TELEPHONE SERVICE AUTHORITY BOARD:
Commissioner Rademacher moved to appoint Matthew Skaggs to said board, with a term to expire
January 8, 2014. Commissioner Kirkmeyer seconded the motion, which carried unanimously.
CONSIDER APPOINTMENT TO REGIONAL COMMUNICATIONS ADVISORY BOARD:
Commissioner Garcia moved to appoint Richard Strang to said board, with a term to expire
December 31, 2014. Commissioner Kirkmeyer seconded the motion, which carried unanimously.
FINAL READING OF CODE ORDINANCE #2012-2, IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 12 LICENSES AND PERMITS AND CHAPTER 14
HEALTH AND ANIMALS, OF THE WELD COUNTY CODE: Commissioner Rademacher moved to
read Code Ordinance #2012-2 by title only. Commissioner Garcia seconded the motion, and it carried
unanimously. Mr. Barker read said title for the record. Trevor Jiricek, Director, Department of Public
Health and Environment, stated there have been no changes made to the proposed Ordinance since
the second reading. He stated there was a work session following the first reading, where a change
was made and it was then incorporated on second reading, and there have not been any additional
changes. In response to Chair Conway, Mr. Jiricek confirmed the change was moving language from
Chapter 12, to Chapter 14, regarding tattoo parlors. Chair Conway provided the opportunity for public
testimony; however, none was given. Commissioner Rademacher moved to approve Code
Ordinance#2012-2 on Final Reading. Seconded by Commissioner Kirkmeyer, the motion carried
unanimously.
OLD PLANNING BUSINESS:
CONSIDER FINAL DETERMINATION HEARING TO RESCIND RESOLUTION #2007-0218, DATED
MARCH 14, 2007, AND DENY APPLICATION FOR USR PERMIT #1580 - JUSTIN AND ANDREA
DAVIS (SET ON 1/9/2012): Chris Gathman, Department of Planning Services, stated staff posted a
sign on the site on February 2, 2012, and did not receive a response from the applicants. He stated
that he followed up with Bethany Salzman, Zoning Compliance Officer for the Department of Planning
Services, and she provided one more address to attempt to contact the applicants at an address in the
City of Cheyenne, Wyoming, since the applicants are no longer living on the application site, and he
recommended continuing the matter to allow him adequate time to attempt to contact the applicants at
the address provided by Ms. Salzman. Mr. Gathman stated the phone number he was provided for the
applicants was disconnected and the e-mail address was no longer active. In response to
Commissioner Kirkmeyer, Chair Conway stated since the matter was continued from January, 2012, a
new address has been produced, and he is willing to provide at least two (2) additional weeks to
attempt to contact the applicants at the new potential address. He stated there is no harm in continuing
the matter again until staff has exhausted its resources for contacting the applicants. Commissioner
Rademacher indicated he would support continuing the matter an additional month. Commissioner
Kirkmeyer stated in October, 2011, a returned receipt was signed by Wendy Paris. Mr. Gathman
concurred, and he explained Ms. Paris is not one of the applicants, and there are probably no issues
with rescinding the Permit, since it seems the applicants are no longer operating from the site.
Commissioner Rademacher moved to continue the matter to March 5, 2012, at 9:00 a.m.
Commissioner Kirkmeyer seconded the motion, and stated this is the last time she will be willing to
continue the matter. Commissioner Rademacher and Chair Conway concurred that they will also not
be willing to continue the matter again. There being no further discussion, the motion carried
unanimously.
Minutes, February 13, 2012 2012-0425
Page 3 BC0016
NEW PLANNING BUSINESS:
CONSIDER VACATION OF SPECIAL USE PERMIT #119 - J. LAVERN DAVIS: Mr. Gathman stated
staff received a letter from the applicant, dated January 30, 2012, requesting that Special Use
Permit (SUP) #119 be vacated, since there is no longer a turkey farm being operated on the property.
There were no representatives for J. Lavern Davis present. Commissioner Garcia moved to approve
said request to vacate SUP #119. The motion, which was seconded by Commissioner Rademacher,
carried unanimously.
CONSIDER FOUR-LOT RECORDED EXEMPTION, RECX11-0055 - BB COLORADO
HOLDINGS, LLC, C/O DAVE BURROUGHS, DBA DAVE'S OIL FIELD CONSTRUCTION, LLC:
Mr. Gathman stated this and the following three (3) items of business are related; there are applications
for two (2) Recorded Exemptions and two (2) applications for Subdivision Exemptions. Upon
Mr. Barker's recommendation, Chair Conway called up all four (4) items of business for consideration at
the same time. Mr. Gathman stated staff does not believe the applications are consistent with sound
land use planning practices, since the property is not located within an Urban Growth Boundary or the
Intergovernmental Agreement boundary of any municipality and there are no existing subdivisions or
Planned Unit Developments (PUDs) adjacent to the site. He stated staff is also concerned the
applications are inconsistent with the Statement of Purpose in Section 24-8-40.K of the Weld County
Code. He stated two-lot recorded and subdivision processes would separate each of the six (6)
existing residences from the rest of the property, without creating additional residential building sites.
Mr. Gathman stated staff believes the number of proposed lots is an urban scale development, which
should be reviewed through the PUD process, and that the Recorded Exemption process is not
adequate to address issues such as access maintenance, school bus departures, and drainage
concerns. He stated there is also no public notice requirement for the Recorded Exemption process;
whereas, there is such a requirement for the PUD process, to allow neighbors and the public to express
their concerns about the development. In response to Chair Conway, Mr. Gathman clarified with the
two-lot Recorded Exemption process, the applicant could create a total of four (4) lots, plus the
applicant could apply for a Subdivision Exemption for each Recorded Exemption, since there is more
than one existing residence on the property, for a total of six (6) lots.
In response to Commissioner Kirkmeyer, Tim Naylor, AGPROfessionals, LLC, representative for the
applicant for all four (4) applications, submitted a map into the record, marked Exhibit A. He stated the
applicant purchased the property with the intention of utilizing it for a roust-a-bout service. He stated
since the property is no longer an agricultural exempt property, each residence needs to be placed on a
separate parcel. Mr. Naylor stated the east parcel has contained as many as seven (7) residences on it
before, consisting of three (3) "stick built" homes and four (4) mobile homes; and the west parcel
contains three (3) residences and a shop. He stated all of the "stick built" houses have existing
accesses and septic systems, except proposed Lot B of the east parcel. He concurred the applications
are not consistent with sound land use planning practices; however, the site has existed for 40 years;
therefore, the luxury of planning the subdivision does not exist, and something needs to be done to
bring it into compliance with the Weld County Code. He stated the applications are consistent with the
rural character of the area, and there is a four-lot Recorded Exemption located directly to the west of
this property. Mr. Naylor stated the historic drainage pattern will remain the same, and the
superintendent for the Platte Valley school system has indicated they do not have any concerns.
Commissioner Kirkmeyer inquired as to what the need is for the four-lot Subdivision Exemption for the
one (1) lot which contains just one (1) home on the east half of the property. Mr. Naylor stated the
applicant is willing to apply for a three-lot Subdivision Exemption for that lot, as was presented to staff
last week, which would remove Lot C. Further responding to Commissioner Kirkmeyer, Mr. Naylor
stated proposed Lot C on the east half of the property contains an existing mobile home with a septic
system; however, it is not occupied. In response to Commissioner Kirkmeyer, Mr. Naylor stated the
Minutes, February 13, 2012 2012-0425
Page 4 BC0016
reason the applicant applied for an additional Subdivision Division on the east half of the property in
order to maximize the potential of the property by creating five (5) buildable lots, and there are existing
septic systems on all the proposed lots, except Lot D. Further responding to Commissioner Kirkmeyer,
Mr. Naylor confirmed one (1) existing access will be closed; however, no new accesses will be created,
and each parcel has an existing access. Responding to Commissioner Kirkmeyer, Mr. Naylor
confirmed there are three (3) "stick built" homes on the west side of the property in Lots A, B, and C.
He stated there is an existing septic system on Lot D due to the existing shop there. In response to
Commissioner Kirkmeyer, Mr. Naylor stated he did not have a way to apply for a PUD, and the
applications will essentially just place boundaries around existing residences, with existing accesses
and septic systems, and create conformity. In response to Commissioner Kirkmeyer, Mr. Gathman
confirmed Lot D would be eligible for another Recorded Exemption in five (5) years. Mr. Naylor stated
he believes the parcel will be limited to the current number of Recorded Exemptions being requested,
since they will not be able to place enough wells on it to support an additional Recorded Exemption.
Responding to Commissioner Rademacher, Mr. Naylor confirmed there is a USR Permit pending for
Lot D on the west portion of the property. Commissioner Rademacher stated he supports the
applications, since the structures already exist and a PUD does not make sense for the property, and
Commissioner Garcia concurred. Commissioner Kirkmeyer stated she supports the applications due to
the unique layout of the land property. She stated in the past, one of the issues the Board has had with
applications for multiple Subdivision Exemption applications for one property is the lack of public notice;
however, those situations were different because there were not existing homes on the properties.
Commissioner Long concurred with the other Commissioners. Commissioner Kirkmeyer moved to
approve Four-Lot Recorded Exemption, RECX11-0055, with the Conditions of Approval, as proposed.
Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER SUBDIVISION EXEMPTION, SUBX11-0010 - BB COLORADO HOLDINGS, LLC, C/O
DAVE BURROUGHS, DBA DAVE'S OIL FIELD CONSTRUCTION, LLC: Based on previous
discussion, Commissioner Rademacher moved to approve Subdivision Exemption, SUBX11-0010, with
the Conditions of Approval, as proposed. Seconded by Commissioner Long, the motion carried
unanimously. In response to Chair Conway, Mr. Naylor indicated the applicant will comply with all of
the Conditions of Approval for each of the applications.
CONSIDER FOUR-LOT RECORDED EXEMPTION, RECX11-0056 - BB COLORADO
HOLDINGS, LLC, C/O DAVE BURROUGHS, DBA DAVE'S OIL FIELD CONSTRUCTION, LLC: Based
on previous discussion, Commissioner Kirkmeyer moved to approve Four-Lot Recorded Exemption,
RECX11-0056, with the Conditions of Approval, as proposed. Seconded by Commissioner Long, the
motion carried unanimously.
CONSIDER SUBDIVISION EXEMPTION, SUBX11-0011 - BB COLORADO HOLDINGS, LLC,
C/O DAVE BURROUGHS, DBA DAVE'S OIL FIELD CONSTRUCTION, LLC: Based on previous
discussion, Commissioner Rademacher moved to approve Subdivision Exemption, SUBX11-0011, with
the Conditions of Approval, as proposed. Seconded by Commissioner Garcia, the motion carried
unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Code Ordinance #2012-2 was approved on final reading.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Acting Clerk to the Board.
Minutes, February 13, 2012 2012-0425
Page 5 BC0016
There being no further business, this meeting was adjourned at 10:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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Minutes, February 13, 2012 2012-0425
Page 6 BC0016
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