HomeMy WebLinkAbout20111461 RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JUNE 13, 2011
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, June 13, 2011, 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 Barbara Kirkmeyer, Chair
Commissioner Sean P. Conway, Pro-Tem
Commissioner William F. Garcia
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Elizabeth Strong
Director of Finance and Administration, Monica Mika
MINUTES: Commissioner Rademacher moved to approve the minutes of the Board of County
Commissioners meeting of June 6, 2011, as printed. Commissioner Conway seconded the motion, and
it carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: Doug Meyer, Weld County resident, thanked the Commissioners, especially Chair
Kirkmeyer and Commissioner Conway, for the work they have completed in opposition to the Wild
Lands Project in Washington, D.C. Commissioner Conway stated it was a team effort, and the entire
Board worked hard on it.
CONSENT AGENDA: Commissioner Conway moved to approve the Consent Agenda as printed.
Commissioner Garcia seconded the motion, and it carried unanimously.
BIDS:
APPROVE BID #61100084, FENCE REMOVAL AND RECONSTRUCTION AT INTERSECTION OF
CRS 54 AND 49 - DEPARTMENT OF PUBLIC WORKS: Monica Mika, Director of Finance and
Administration, stated during the course of a construction project on County Roads 54 and 49, it was
determined some barbed wire fencing needed to be removed and replaced. She recommended
acceptance of the low bid from Tru Blue, LLC.
Wayne Howard, Department of Public Works, indicated he was present. Commissioner Conway
inquired as to why the bid proposals are higher than the engineer's estimate for the project.
Mr. Howard stated the engineer's estimates are based on what the Department has experienced in the
past; however, this project will require several immobilizations based on the phasing of the project,
IGLl I Minutes, June 13, 2011 2011-1461
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which he does not believe the engineer's estimate took into account, yet the bid proposals did take
multiple immobilizations into account. Commissioner Rademacher moved to approve the low bid from
Tru Blu, LLC, in the amount of $18,607.40, based on staff's recommendation. Seconded by
Commissioner Garcia, the motion carried unanimously.
OLD BUSINESS:
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - PETER WOLFF (CON'T FROM
05/23/11): Christopher Woodruff, Assessor, stated this petition is for a residential property within the
City of Longmont for Tax Years 2009 and 2010, and he directed staff to provide comparable sales
figures for the appropriate timeframe, which is January 1, 2007, through June 30, 2008. He stated the
first comparable sale staff provided is for the subject project, which sold with an unfinished basement
for $384,500.00 on January 22, 2007, and the basement has been completed since then. He stated
the other two (2) comparable sales staff provided are from within the same subdivision; one (1)
residence sold for $434,000, and the other sold for $510,000.00. Mr. Woodruff stated he feels the
value of $390,690.00 is appropriate for this property for Tax Years 2009 and 2010; therefore, he
recommends denial of the petition. Commissioner Garcia stated the property owner submitted a report
with handwritten notes on it, and he inquired as to whether the notes were written by staff or the
applicant. Mr. Woodruff stated there is a company named Value Appeal which has been soliciting
property owners in Weld County and it offers to provide a list of comparable sales to the property
owners for $99.00; however, it is simply a list of sales, with no adjustments for differences between the
properties. He stated he believes the notations on the report were written by staff, in order to make the
necessary adjustments to the property values, based on the home designs. He stated there is a
disclaimer on the report which indicates this document is not an appraisal and it is not an opinion of
market value; however, an appraisal would typically be submitted to the Board of Equalization.
Mr. Woodruff stated staff has spoken to Peter Wolff, petitioner, on several occasions and they have
explained the process that must be followed and the information they are able to consider when
determining property values. In response to Commissioner Conway, Mr. Woodruff stated Mr. Wolff did
not submit any other information besides the list of sales included on the report. No representatives for
Mr. Wolff were present. Commissioner Rademacher moved to deny said petition, based on staff's
recommendation. Seconded by Commissioner Conway, the motion carried unanimously.
NEW BUSINESS:
CONSIDER VICTIM ASSISTANCE AND LAW ENFORCEMENT (VALE) BOARD CONTRACT FOR
LONG TERM CARE OMBUDSMAN/FRIENDLY VISITOR PROGRAM AND AUTHORIZE CHAIR TO
SIGN: Judy Griego, Director, Department of Human Services, stated the contract was reviewed by the
Board, along with a "pass-around" memorandum, dated May 26, 2011, and it allows the Ombudsman
Program to provide elder abuse prevention programs to long term care staff, continue the long term
care Friendly Visitor Program, and maintain and strengthen the Volunteer Ombudsman Program. She
stated the term of the contract is July 1, 2011, to June 30, 2012, and it is for $12,000.00.
Commissioner Long moved to approve said contract and authorize the Chair to sign. Seconded by
Commissioner Conway, the motion carried unanimously.
CONSIDER PETITION TO VACATE A PORTION OF CR 126 - RAWAH RESOURCES, LLC: Donald
Carroll, Department of Public Works, stated when the change of zone matter was presented for Rawah
Resources, LLC, he discussed cleaning up the plat, which resulted in what he is presenting today. He
clarified the plat will be cleaned up by vacating abandoned roads, dedicating existing roads, and
demonstrating easements for transmission lines.
Rusty Deporter, Weld County resident, requested a copy of the environmental study, and he inquired
as to whether the solar panels in the Niobrara Energy Park will be passive or reflective panels. In
response to Chair Kirkmeyer, Mr. Deporter indicated reflective panels will burn off the moisture in the
air, and there are endangered species in the area. Chair Kirkmeyer clarified it is just the vacation of a
Minutes, June 13, 2011 2011-1461
Page 2 BC0016
portion of County Road 126 right-of-way which is being considered today. Mr. Deporter indicated he
understands.
Ken Ruff, surrounding property owner, inquired as to how large the Niobrara Energy Park will be, and
as to why more property owners were not provided notification of the proposed road right-of-way
vacation. Chair Kirkmeyer inquired as to whether there are any comments either Mr. Deporter or
Mr. Ruff would like to make which pertain to the proposed vacation of the road right-of-way.
Mr. Deporter stated there will be some oil wells installed north of the Niobrara Business Park and he
does not understand the need to vacate any of the County rights-of-way. Mr. Carroll stated there will
be a Site Plan Review for each portion of the Niobrara Energy Park as it is developed, and there will be
an opportunity for feedback each time. He confirmed solar panels are being considered at the Niobrara
Energy Park; however, he has not been provided with documentation yet. He stated there is a loop
proposed, with two (2) access points, and he is comfortable with the proposal.
Bruce Barker, County Attorney, stated the proposed road right-of-way vacation being considered today
is the County Road 126 right-of-way within Sections 19, 11, and 66, which is outside of the right-of-way
which will be dedicated pursuant to the plat. He stated the intent is to vacate a portion of the
right-of-way located to the north and it will be dedicated on the plat. In response to Mr. Barker,
Mr. Carroll confirmed there is an existing 24-foot paved roadway. Mr. Deporter stated a portion of the
right-of-way is fenced by the County and the notification indicated the rights-of-way along County
Roads 25 and 27 are being considered for vacation today, which are 20 feet on either side of the fence;
however, this should have been resolved 40 years ago, and the notification does not mention County
Road 126. Mr. Barker clarified the request before the Board is to be able to include 60 feet of right-of-
way on the Change of Zone plat for the Niobrara Energy Park, and no portion of the southern Section
Line right-of-way is being considered for vacation. He stated portions of right-of-way to the north will be
vacated; however, there will still be an available route through the area. In response to Mr. Barker,
Mr. Carroll clarified the notification states the request is a petition to vacate a portion of County
Road 126 between County Roads 25 and 27; and the notification does not indicate any portions to the
north or south. In response to Chair Kirkmeyer, Mr. Carroll confirmed the Board is not considering
vacating any portions of County Roads 25 or 27 today, those rights-of-way will remain intact, and the
only portion of right-of-way being considered for vacation today is a portion of the right-of-way for
County Road 126. Mr. Barker stated the Resolution should state that the Change of Zone plat must be
recorded, and the plat must include the dedication of 60-feet of right-of-way, prior to the Resolution
being recorded, and he will request that Brad Yatabe, Assistant County Attorney, add the condition to
the Resolution. He indicated a section of right-of-way will be dedicated in exchange for the right-of-way
the County will vacate, which will make the roadway straighter; therefore, the public road right-of-way
will be retained and just a small portion of unnecessary right-of-way will be vacated. In response to
Chair Kirkmeyer, Mr. Barker clarified language that needs to be added to the Resolution is regarding
requiring that the Change of Zone plat must be recorded before this Resolution is recorded. Chair
Kirkmeyer indicated it is necessary to vacate this portion of right-of-way for the Niobrara Energy Park;
however, the solar panels and the environmental study for the Niobrara Energy Park are all items
outside of this item of business. In response to Mr. Deporter, Chair Kirkmeyer stated the Change of
Zone for the Niobrara Energy Park has already been approved. Mr. Deporter stated none of the
surrounding property owners were notified about the Change of Zone hearing. In response to
Commissioner Conway, Mr. Deporter and Mr. Ruff confirmed they both saw the public notice posted on
the property about the Change of Zone hearing. In response to Chair Kirkmeyer, Mr. Barker stated the
Change of Zone hearing occurred on March 16, 2011. Chair Kirkmeyer stated the surrounding property
owners within 500 feet should have been notified of the Change of Zone hearing, and the questions
regarding the environmental study and solar panels would have been relevant at that hearing; however,
those matters are not relevant to this matter. Chair Kirkmeyer read the names of the property owners
into the record that were notified about the Change of Zone hearing, including Ken Ruff. She stated the
Board has other matters to consider today; however, if Mr. Ruff and Mr. Deporter want to schedule a
Minutes, June 13, 2011 2011-1461
Page 3 BC0016
time to discuss the matter with her, she is willing to discuss it with them further. Commissioner Garcia
moved to approve said petition, with the additional language recommended by Mr. Barker. Seconded
by Commissioner Rademacher, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 47.95 BETWEEN CR 49 AND 1-76: Janet Carter,
Department of Public Works, stated said closure will commence June 15, 2011, through June 22, 2011,
in order for Reynolds to construct a new water line for the Town of Hudson. She indicated the Traffic
Control Plan was submitted by Reynolds and there are approximately 43 vehicle trips per day on
County Road 47.95; therefore, a great deal of traffic will not need to be detoured. She stated there will
be some dust control measures taken; however, the temporary closure should not have a significant
impact on the area. Commissioner Rademacher moved to approve said temporary closure. Seconded
by Commissioner Conway, the motion carried unanimously.
CONSIDER CONTRACT FOR VICTIM SERVICES FUNDING AND AUTHORIZE CHAIR TO SIGN -
VICTIM'S ASSISTANCE AND LAW ENFORCEMENT (VALE) BOARD: Ed Haffner, Sheriff's Office,
indicated the amount of the grant award for this contract is $60,828.00. Chair Kirkmeyer stated the
Board reviewed this contract in a work session last week. In response to Commissioner Conway,
Mr. Haffner confirmed the amount of the contract is the corrected amount. Commissioner Conway
moved to approve said contract and authorize the Chair to sign. Seconded by Commissioner Long, the
motion carried unanimously.
CONSIDER COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ECONOMIC DEVELOPMENT
GRANT AGREEMENT AND AUTHORIZE CHAIR TO SIGN: Ms. Mika stated this is a grant agreement
for an application submitted to State jointly by Larimer and Weld Counties, and the Counties are the
recipient of $750,000.00. She stated $650,000.00 will be utilized for business assistance and
$100,000.00 will be utilized for administrative support, which is slightly less than in the past. She stated
she spoke to Eric Berglund, Upstate Colorado Economic Development, this morning, and he indicated
he is aware of the changes and it is likely he will request additional funding from the Board to assist
with the revolving loans. Ms. Mika stated she will continue to research additional sources of funding. In
response to Commissioner Conway, Ms. Mika stated $1,000,000.00 was requested in the application;
however, just $750,000.00 was awarded, and the reason for less funding being awarded is simply less
funding was available. In response to Commissioner Conway, Ms. Mika confirmed she meant
Mr. Berglund may request supplemental funding from the State, through the Board. Ms. Mika clarified
the County already has its program funds and these funds are supplemental. Chair Kirkmeyer stated
12 percent seems a little bit high for administration costs. In response to Chair Kirkmeyer, Ms. Mika
confirmed the grant award has been approved through the Department of Local Affairs and the Office of
Economic Development. Commissioner Garcia moved to approve said agreement and authorize the
Chair to sign. Seconded by Commissioner Long, the motion carried unanimously.
PLANNING:
CONSIDER RECORDED EXEMPTION #4747 -TAMIJO, LLC/JOHN AND LAURA UNDERHILL: Chris
Gathman, Department of Planning Services, stated the applicant is in the process of completing the
plat; therefore, he recommends a 30-day continuance. Commissioner Conway moved to continue the
matter to July 18, 2011, at 9:00 a.m. Seconded by Commissioner Garcia, the motion carried
unanimously.
CONSIDER RECORDED EXEMPTION #4825 - ROBERT AND LISA NOVACK: Mr. Gathman
requested a 30 day continuance of this matter, since a fax was received from the applicant this
morning. He stated the applicants have been negotiating about an undefined easement which travels
across Lot A of the proposed Recorded Exemption with Plains Pipeline, LP, and it has indicated it is
willing to participate in an agreement with the applicants. He stated this is the one (1) outstanding
Condition of Approval. In response to Commissioner Garcia, Mr. Gathman indicated 30 days should be
Minutes, June 13, 2011 2011-1461
Page 4 BC0016
sufficient for the undefined easement matter to be resolved, since Plains Pipeline, LP, has provided a
letter; however, it is always uncertain when dealing with two (2) parties, and he will support providing
additional time if it is necessary. He stated it is important the applicants define the easement since it
could dramatically affect their ability to build on the lot. No representatives of the applicants were
present. Mr. Gathman indicated Robert Novack, applicant, is in the hospital, and his wife, Lisa Novack,
co-applicant, is at the hospital with her husband. In response to Chair Kirkmeyer, Mr. Gathman
confirmed he spoke to Ms. Novack and she is aware he is recommending a 30-day continuance.
Commissioner Rademacher moved to continue the matter to July 18, 2011, at 9:00 a.m. Seconded by
Commissioner Conway, the motion carried unanimously.
CONSIDER RECORDED EXEMPTION #4892 - LUIS AND ROGELIO NUNEZ: Mr. Gathman stated
two notices have been mailed to the applicant and there has been no response from the applicants. He
stated all of the Conditions of Approval are outstanding according to the file, and there has not been a
draft plat submitted. In response to Mr. Gathman, Mr. Barker clarified the proper action would be to
request a denial for this Recorded Exemption, as opposed to a vacation, since the application was
approved with conditions, and those Conditions of Approval have not been met. In response to
Commissioner Rademacher, Mr. Barker stated Recorded Exemptions are between the property owners
and the Board of County Commissioners, and he indicated the surrounding property owners do not
require notification. In response to Commissioner Rademacher, Mr. Gathman clarified receipts for both
of the certified letters to the applicants have been returned to staff. No representatives for Luis and
Rogelio Nunez were present. In response to Chair Kirkmeyer, Mr. Barker recommended the Board
deny this Recorded Exemption, and he clarified the proposed Resolutions have been drafted to provide
examples of language, depending on whether the Board chooses to deny or continue each matter. In
response to Chair Kirkmeyer, Mr. Barker and Commissioner Conway clarified only the portion of the
language which pertains to the Board's determination will remain in the proposed Resolution when it is
finalized. In response to Commissioner Rademacher, Mr. Barker confirmed the applicants will need to
start the process over from the beginning if they choose to continue with the Recorded Exemption at a
later time, after the Board has denied it, and there would be a certain amount of time they would be
required to wait before applying again. In response to Chair Kirkmeyer, Mr. Barker confirmed the
applicants can reapply sooner if they can demonstrate a substantial change. In response to
Commissioner Conway, Mr. Gathman confirmed the applicants have not communicated with staff since
the Recorded Exemption hearing on March 24, 2009. Commissioner Garcia moved to deny Recorded
Exemption #4892. Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER RECORDED EXEMPTION #4893 - SCOUT ISLAND FARMS, LLC: Mr. Gathman stated
staff was provided with receipts from both certified letters, and Bill Wright, representative for the
applicant, has communicated to staff the applicant's intent to proceed with the Recorded Exemption.
He indicated he has recently received a copy of the draft plat via e-mail, and there are several
outstanding Conditions of Approval. He indicated the building envelope should be indicated on the plat,
which will satisfy one of the outstanding Conditions of Approval; however, the applicants will still need
to demonstrate the septic system is adequate and create a shared access. He stated the outstanding
Conditions of Approval should be able to be accomplished quickly.
Mark Cross, Manager, Scout Island Farms, LLC, indicated he believes the outstanding Conditions of
Approval can be accomplished in 30 days. Commissioner Conway moved to continue the matter to
July 18, 2011, at 9:00 a.m. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER RECORDED EXEMPTION #4903 - BOYD AND HELEN ARNOLD: Mr. Gathman
recommended a 30 day continuance of this matter, and there is one (1) outstanding Condition of
Approval, which the applicants are working to resolve with the Henrylyn Irrigation District.
Minutes, June 13, 2011 2011-1461
Page 5 BC0016
Helen Arnold, Applicant, indicated she believes she can complete the remaining Condition of Approval
within 30 days. Commissioner Garcia moved to continue the matter to July 18, 2011, at 9:00 a.m.
Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER RECORDED EXEMPTION #4904 - BOYD AND HELEN ARNOLD: Mr. Gathman stated
there are several outstanding Conditions of Approval for this Recorded Exemption, Ms. Arnold has
indicated they intend to proceed with the Recorded Exemption, and he recommended continuing the
matter for 30 days. He stated the main issue with completing the remaining Conditions of Approval
seems to be obtaining a shared access agreement. In response to Chair Kirkmeyer, Mr. Gathman
stated there are approximately seven (7) outstanding Conditions of Approval. In response to
Commissioner Conway, Mr. Gathman stated he feels the Conditions of Approval can be completed
within 30 days, if the applicants work diligently. In response to Chair Kirkmeyer, Ms. Arnold confirmed
she feels they can complete the Conditions of Approval within 30 days. She stated she has discussed
the shared access with both of the neighbors and they have indicated they do not have a problem with
it. Commissioner Conway inquired as to whether a problem with the Herylynn Irrigation District Board
may cause more than 30 days to be necessary. Mr. Gathman indicated the Condition of Approval
states an attempt to address the Condition of Approval must be made; therefore, as long as a meeting
is scheduled, the Condition of Approval will be satisfied. Commissioner Rademacher moved to
continue the matter to July 18, 2011, at 9:00 a.m. Seconded by Commissioner Conway, the motion
carried unanimously.
CONSIDER RECORDED EXEMPTION #4918—ANNA MARY WEBER: Mr. Gathman indicated two (2)
certified letters were mailed to the applicant, and receipts for both letters have been provided to staff;
however, no phone calls or letters have been received from the applicant. He stated he spoke to the
surveyor this morning and the surveyor indicated the applicant will not be proceeding with the Recorded
Exemption. He stated the applicant is aware of this hearing, and he recommended denial of this
Recorded Exemption. No representatives for Anna Mary Weber were present. Commissioner Long
moved to deny Recorded Exemption #4918. Seconded by Commissioner Rademacher, the motion
carried unanimously.
CONSIDER RECORDED EXEMPTION #4942 - PEGGY STRONG/MJM CONSTRUCTION, LLC:
Mr. Gathman stated the receipt for the certified letter in April, 2011, was provided to staff; however, the
second certified letter was returned; therefore, a courier was dispatched last week to deliver the second
letter, and the receipt has not been delivered. He stated there has not been any contact from the
applicant; therefore, he recommends denial of the Recorded Exemption. In response to Commissioner
Conway, Mr. Gathman clarified the second certified letter was refused by the applicant. No
representatives of Peggy Strong or MJM Construction, LLC, were present. In response to Chair
Kirkmeyer, Mr. Gathman clarified letters were drafted for the applicants to be able to sign if they would
like to request a withdrawal; however, the applicant did not choose to sign and return the letter in this
instance. Commissioner Garcia moved to deny Recorded Exemption #4942. Seconded by
Commissioner Long, the motion carried unanimously.
CONSIDER RECORDED EXEMPTION #5025 - DAVID BUROUGH/DAVID POPHAM: Mr. Gathman
stated this Recorded Exemption was approved by the Board on June 22, 2010, and two certified letters
were mailed to the applicants. He stated he received a phone call from one of the applicants, and they
discussed the principal issue with the proposed Recorded Exemption is the property is located within
the flood hazard area, which Condition of Approval A addressed. He stated the applicant completed a
Letter of Map Revision (LOMR) at one time, which exempted the existing structures on the property,
and the property is entirely within the floodplain. Mr. Gathman stated he advised the applicants to
attend the hearing today, and Condition of Approval A is substantial and it may take quite a bit of time
and money to complete it.
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Heidi Hansen, Department of Public Works, stated the applicant has not called her to discuss the
matter; however, the applicants were under the impression the Letter of Map Amendment (LOMA) they
completed removed the entire lot from the floodplain, yet it only removed the house. She indicated that
proposed Lots A and B will be entirely within the floodplain, and the Condition of Approval indicates the
applicants must demonstrate at least part of the lot will be able to obtain building permits, in accordance
with Planning Policy 2010-07. In response to Commissioner Conway, Ms. Hansen clarified the entire
lot is within the 100-year floodplain, and the floodway is not mapped; therefore, there is a possibility the
entire lot may be in the floodway. She stated if the entire lot is located within the floodway, the
applicants could not obtain building permits; however, if part of the lot is located in the floodplain, there
is the possibility building permits could be issued for that portion of the lot, if the applicants obtain a
flood hazard permit. She stated staff was trying to prevent the creation of a lot which could not be built
upon. In response to Commissioner Conway, Ms. Hansen confirmed the home on this property is
elevated and above the floodplain, and she reiterated the home has been removed from the floodplain,
as the result of the LOMA submitted to the Federal Emergency Management Agency (FEMA); however,
the rest of the lot remains within the floodplain and possibly within the floodway. In response to
Commissioner Conway, Ms. Hansen stated the area with Lot A is near the house; however, Lot B does
not have any structures on it, and it is unclear as to whether building permits may be obtained for it. In
response to Commissioner Conway, Chair Kirkmeyer stated if Lot B is the same elevation as Lot A, the
applicants should have completed a LOMR to have it removed from the floodplain. Mr. Gathman
clarified his understanding is the applicants mistakenly believed they had removed the lots from the
floodplain when they completed the LOMA. Commissioner Conway inquired as to whether the
applicants have indicated they are not interested in pursuing the Recorded Exemption because it was
more difficult to meet the Condition of Approval than they thought it would be. Mr. Gathman stated the
applicants have been unresponsive to the letters, and he spoke to David Burough's wife about the
hearing; however, he is not in attendance. There were no representatives of the applicants present. In
response to Commissioner Rademacher, Mr. Gathman confirmed he is recommending denial. Chair
Kirkmeyer suggested continuing the matter for 30 days and that Mr. Gathman call the applicants and
tell them they need to attend the next hearing. Commissioner Garcia moved to continue the matter to
July 18, 2011, at 9:00 a.m. Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER RECORDED EXEMPTION #4546 - ELAINE BRASWELL: Michelle Martin, Department of
Planning Services, stated this Recorded Exemption was administratively approved, with Conditions of
Approval, on November 28, 2006, and since then the applicant has submitted all the Conditions of
Approval except submitting the plat. She stated the applicant has been faced with financial challenges
and is requesting a six (6) month extension.
Elaine Braswell, applicant, thanked the Board for the extensions it has previously granted. Chair
Kirkmeyer inquired as to whether a six (6) month extension will suffice. Ms. Braswell indicated she
thinks six (6) months will be adequate to record the plat, and she will be eligible for a loan modification
or refinancing in September, and if she completes the Recorded Exemption before then, she will no
longer qualify. Commissioner Conway moved to continue the matter to January 16, 2012, at 9:00 a.m.
Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER RECORDED EXEMPTION #3768 - BRIAN AND JOCELYN WALTERS/ROBERT AND
MELISSA CROWDER: Ms. Martin stated this Recorded Exemption was administratively approved with
Conditions of Approval, on May 4, 2004. She stated over the course of this year, five (5) letters have
been mailed to the applicant, including two (2) certified letters, and staff has been provided with the
receipts for both of the certified letters. She stated she has not received any correspondence from the
applicants and all of the Conditions of Approval remain outstanding; therefore, denial of the Recorded
Exemption is recommended. No representatives for the applicant were present. Commissioner
Rademacher moved to deny Recorded Exemption #3768. Seconded by Commissioner Conway, the
motion carried unanimously.
Minutes, June 13, 2011 2011-1461
Page 7 BC0016
CONSIDER RECORDED EXEMPTION #4045 - KENNETH KING AND LINDA COUPER/ROLAND
THIBEAULT: Ms. Martin stated this Recorded Exemption was administratively approved, with
Conditions of Approval, on March 11, 2005. She stated three letters have been mailed to the
applicants, and two (2) of the letters were sent via certified mail. She stated the first certified letter was
returned unopened; however, one of the applicants contacted staff and the applicant was sent the letter
via e-mail, along with the staff report. Ms. Martin stated the second certified letter was signed for by the
applicant; however, the applicant has not corresponded with staff since then, and all the Conditions of
Approval remain outstanding; therefore, denial is recommended. No representatives of the applicants
were present. Commissioner Rademacher moved to deny Recorded Exemption #4045. Seconded by
Commissioner Garcia, the motion carried unanimously.
CONSIDER RECORDED EXEMPTION #4651 - LARRY PANCOST AND CAROL BERGER:
Ms. Martin stated this Recorded Exemption was administratively approved, with Conditions of Approval,
on June 12, 2007. She stated two (2) certified letters have been received by the applicants; however,
the applicants have not contacted staff and all the Conditions of Approval remain outstanding;
therefore, denial is recommended. No representatives for the applicants were present. Commissioner
Garcia moved to deny Recorded Exemption #4651. Seconded by Commissioner Long, the motion
carried unanimously.
CONSIDER RECORDED EXEMPTION #4793 - JAY DEE AND MELISSE TILGHMAN: Kim Ogle,
Department of Planning Services, stated this Recorded Exemption was administratively approved on
March 5, 2008. He stated four (4) letters have been sent to the applicant, including two (2) certified
letters. He stated the second certified letter was returned due to refusal by the applicants; however, the
Sheriff's Office delivered the letter last week. He stated there has been no contact with the applicants;
however, he contacted the applicants' representative, and she indicated it was her understanding the
applicants intended to withdraw the application. He recommended denial of the Recorded Exemption.
No representatives for the applicants were present. Commissioner Long moved to deny Recorded
Exemption #4793. Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER RECORDED EXEMPTION #4862 - KS ENTERPRISES I, LLC, C/O DON CLAPS:
Mr. Ogle stated this Recorded Exemption was administratively approved on December 23, 2008. He
stated Don Claps, representative for the applicant, indicated the application will be withdrawn and he
mailed a letter; however, the letter has not been received. No representatives of KS Enterprises I, LLC,
were present. Commissioner Conway moved to deny Recorded Exemption #4862. Seconded by
Commissioner Garcia, the motion carried unanimously. (Clerk's Note: This matter was subsequently
reconsidered at the following meeting, at which time the Board deemed it appropriate to approve the
withdrawal of the application, as opposed to denying the Recorded Exemption, based on an e-mailed
request from the applicant's representative which was sent prior to the hearing, yet not read by staff
until after the hearing.)
CONSIDER RECORDED EXEMPTION #4863 - KS ENTERPRISES I, LLC, C/O DON CLAPS:
Mr. Ogle stated this Recorded Exemption was administratively approved on December 23, 2008. He
stated Mr. Claps indicated he would submit a request to withdraw this application as well; however, no
letter has been received. No representatives for KS Enterprises I, LLC, were present. Commissioner
Rademacher moved to deny Recorded Exemption #4663. Seconded by Commissioner Conway, the
motion carried unanimously. (Clerk's Note: This matter was subsequently reconsidered at the
following meeting, at which time the Board deemed it appropriate to approve the withdrawal of the
application, as opposed to denying the Recorded Exemption, based on an e-mailed request from the
applicant's representative which was sent prior to the hearing, yet not read by staff until after the
hearing.)
Minutes, June 13, 2011 2011-1461
Page 8 BC0016
CONSIDER RECORDED EXEMPTION #4972 — BRAD AND ROBIN GUTKNECHT: Mr. Ogle indicated
this Recorded Exemption was administratively approved on November 20, 2009. He stated that Brad
Gutknecht, applicant, provided a letter to staff requesting a six (6) month continuance, dated May 31,
2011; however, none of the outstanding Conditions of Approval have been completed. No
representatives for the applicants were present. In response to Commissioner Rademacher, Mr. Ogle
stated the outstanding Conditions of Approval are concerning evaluating the septic system and
providing evidence that it is on the appropriate lots, and the Town of Hudson has concerns about water
service for Lots A, B, and C. He stated there are also issues concerning shared access and a utility
easement along County Road 12, a question from Hudson Fire about whether the approved access
would support fire service, and a 20-foot access easement for a ditch is required. In response to
Commissioner Rademacher, Chair Kirkmeyer suggested the Board continue the matter for 30 days,
and Mr. Gutknecht can request additional time at the next hearing if it is necessary. In response to
Chair Kirkmeyer, Mr. Ogle confirmed he will notify Mr. Gutknecht of the hearing date and that he needs
to attend the hearing to explain why additional time is required, if he wants to request additional time.
Commissioner Rademacher moved to continue the matter to July 18, 2011, at 9:00 a.m. Seconded by
Commissioner Conway, the motion carried unanimously.
CONSIDER RECORDED EXEMPTION #4240 - JERRY WITHERSPOON/JEREMY SPIVEY: Mr. Ogle
stated the applicants have requested a 30-day continuance to address outstanding issues, since the
current property owner, Jeremy Spivey, was affected by tornado damage. He stated he spoke to
Mr. Spivey last week, and he indicated 30 days will be adequate to complete the outstanding items. In
response to Commissioner Conway, Mr. Ogle confirmed staff supports the request for a 30-day
continuance. There were no representatives for the applicants present. Commissioner Conway moved
to continue the matter to July 18, 2011, at 9:00 a.m. Seconded by Commissioner Rademacher, the
motion carried unanimously.
CONSIDER RECORDED EXEMPTION #4754 - THOMAS RYAN: Mr. Gathman stated the applicant
has requested the matter be continued to July 25, 2011, since he is negotiating an easement
agreement with the Airport Authority. No representatives for the applicant were present.
Commissioner Conway moved to continue the matter to July 25, 2011, at 9:00 a.m. Seconded by
Commissioner Rademacher, the motion carried unanimously.
CONSIDER RECORDED EXEMPTION #1843 - SCOTT VAN DEMARK: Mr. Gathman stated this
Recorded Exemption is the oldest one being considered today; it was approved in February of the year
1996. He stated multiple letters have been mailed to the applicant, beginning in the year 1999, through
the year 2007; however, all the letters were addressed to Scott Van Demark, applicant and previous
owner, and there is a new owner, Larry Rumery. He stated the certified letters sent on April 6, and
May 4, 2011, were addressed to Mr. Rumery, and he has had conversations with him and he faxed the
staff approval documents to him on April 11, 2011. Mr. Gathman stated there are challenges
concerning this Recorded Exemption, since part of a proposed lot has been sold to another party, and
the applicant is also working on an access easement agreement for the site. He stated these items will
take some time to resolve and he requested the matter be continued for at least 30 days. In response
to Chair Kirkmeyer, Mr. Gathman stated he is recommending the matter be continued for 30 days
based on conversations he has had with the applicant, indicating the applicant is trying to address the
issues and it is the applicant's intent to complete the Recorded Exemption. No representatives for the
applicant were present. Commissioner Rademacher moved to continue the matter to July 18, 2011, at
9:00 a.m. Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER AMENDED RECORDED EXEMPTION #3799 - RICHARD AND HEIDI ROBERTSON:
Mr. Gathman stated two (2) certified letters were mailed to the applicants, and receipts for delivery of
both letters were provided to staff. He stated all the Conditions of Approval are still outstanding and no
correspondence has been received from the applicants; therefore, denial is recommended. In
Minutes, June 13, 2011 2011-1461
Page 9 BC0016
response to Commissioner Rademacher, Mr. Barker confirmed this is an Amended Recorded
Exemption; therefore, the original Recorded Exemption will still be in place if this application is denied.
In response to Commissioner Rademacher, Mr. Gathman confirmed the original Recorded Exemption
is complete. No representatives for the applicants were present. Commissioner Rademacher moved
to deny Amended Recorded Exemption #3799. Seconded by Commissioner Conway, the motion
carried unanimously.
CONSIDER RECORDED EXEMPTION #3902 - STEVEN AND PAMELA ROWEN: Mr. Gathman
stated the applicants have addressed all the Conditions of Approval for the Recorded Exemption, and
they just need to submit the plat for recording; therefore, he recommended the matter be continued for
30 days. In response to Chair Kirkmeyer, Mr. Gathman stated he spoke to Pamela Rowen, applicant,
on Friday and she is out of town today. No representatives for the applicants were present.
Commissioner Conway moved to continue the matter to July 18, 2011, at 9:00 a.m. Seconded by
Commissioner Garcia, the motion carried unanimously.
CONSIDER RECORDED EXEMPTION #3967 - JACK SWAYZE: Mr. Gathman stated the applicant
tried to submit the plat this morning; however, the easement certificate was not signed. He
recommended the matter be continued for 30 days, in order for the applicant to sign the easement
certificate and submit the plat for recording. Commissioner Garcia moved to continue the matter to
July 18, 2011, at 9:00 a.m. Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER RECORDED EXEMPTION #4663 — ROBERT MAY: Mr. Gathman stated two (2) certified
letters were sent by staff and received by the applicant, and he received an e-mail from the applicant's
representative, requesting a copy of staff's comments, which he provided on May 18, 2011. He stated
they received another e-mail from the applicant's representative, indicating the applicant is determining
whether the original proposed lot layout is acceptable, or whether he would like to amend the original
map. He stated the original applicant, Robert May, no longer owns the property, and the current
property owner is Anthony Yeager. Mr. Gathman recommended continuing the matter for 30 days. No
representatives for the applicant were present. Commissioner Rademacher moved to continue the
matter to July 18, 2011, at 9:00 a.m. Seconded by Commissioner Conway, the motion carried
unanimously.
CONSIDER SUBDIVISION EXEMPTION #1149 - JAMES AND SANDRA MILLER: Mr. Gathman
stated there is one outstanding item, which is a road access permit, and then the plat will be submitted
for recording; therefore, the Recorded Exemption should be completed within 30 days, and maybe even
before the end of the week. No representatives for the applicants were present. Commissioner
Conway moved to continue the matter to July 18, 2011, at 9:00 a.m. Seconded by Commissioner
Garcia, the motion carried unanimously.
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, June 13, 2011 2011-1461
Page 10 BC0016
There being no further business, this meeting was adjourned at 10:40 a.m.
BOARD OF COUNTY COMMISSIONERS
WE .1 COUNTY, COLO ADO
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Minutes, June 13, 2011 2011-1461
Page 11 BC0016
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