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HomeMy WebLinkAbout20070368.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO FEBRUARY 12, 2007 TAPE #2007-03 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, February 12, 2007, 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 David E. Long, Chair Commissioner William H. Jerke, Pro-Tem Commissioner William F. Garcia Commissioner Robert D. Masden Commissioner Douglas Rademacher Also present: County Attorney, Bruce T. Barker Acting Clerk to the Board, Elizabeth Strong Controller, Barb Connolly MINUTES: Commissioner Rademacher moved to approve the minutes of the Board of County Commissioners meeting of February 7, 2007, as printed. Commissioner Masden seconded the motion, and it carried unanimously. READ ORDINANCE BY TAPE: Commissioner Jerke moved to read Code Ordinance#2007-1 and Code Ordinance#2007-2 by tape. Commissioner Masden seconded the motion, which carried unanimously. AMENDMENTS TO AGENDA:Chair Long added New Item of Business#7:Consider Letter of Agreement to Temporarily Close a Portion of the Poudre River Trail and authorize Chair to sign. PUBLIC INPUT: No public input was given. CONSENT AGENDA: Commissioner Masden moved to approve the consent agenda as printed. Commissioner Garcia seconded the motion, and it carried unanimously. COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports. 2007-0368 BC0016 73 d7-e77 WARRANTS: Barb Connolly, Controller, presented the following warrants for approval by the Board: All Funds $667,597.63 Commissioner Masden moved to approve the warrants as presented by Ms. Connolly. Commissioner Garcia seconded the motion, which carried unanimously. NEW BUSINESS: CONSIDER PURCHASE OF SERVICES AGREEMENT FOR MIGRANT/SEASONAL HEAD START PROGRAM MEALS AND AUTHORIZE CHAIR TO SIGN - SODEXHO: Walt Speckman, Director of Human Services,stated the agreementwith Sodexho is to provide food services forthe Migrant/Seasonal Head Start Program in the City of Grand Junction, and the term of the agreement is March 5, 2007, through October 31, 2007. He stated the County has worked with Sodexho previously and has been pleased with the results. Commissioner Garcia moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Masden, the motion carried unanimously. CONSIDER PURCHASE OF SERVICES AGREEMENT FOR MIGRANT/SEASONAL HEAD START PROGRAM DENTAL SERVICES AND AUTHORIZE CHAIR TO SIGN - MARILLAC DENTAL CLINIC: Mr. Speckman stated the agreement with Marillac Dental Clinic is to provide dental screenings for the children in the Migrant/Seasonal Head Start Program in Grand Junction, at a generous rate of$15.00 per screening. Commissioner Rademacher moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Masden, the motion carried unanimously. CONSIDER AMENDMENT TO PURCHASE OF SERVICES AGREEMENT FOR MIGRANT HEAD START PROGRAM DENTAL SERVICES AND AUTHORIZE CHAIR TO SIGN - PLAN DE SALUD DEL VALLE: Mr. Speckman stated the amendment to the agreement with Plan de Salud del Valle is to provide dental examinations, at a rate of $75.00 per child, for children in the Migrant Head Start Program at centers located in the Town of Hudson,the City of Fort Lupton,the Town of Frederick,the Town of Platteville, and the Town of Gilcrest. In response to Commissioner Jerke, Mr. Speckman stated the examination cost is significantly higher than what Marillac Dental Clinic charges the City of Longmont; however, the cost is still relatively inexpensive for the type of services which will be performed. Commissioner Masden moved to approve said amendment and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously. CONSIDER CO-LOCATION SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN-DIGETEKS, LLC: Mr. Speckman stated this agreement will allow residents to connect to the Employment Services Learning Lab from any location by using a high-speed internet connection. In response to Chair Long, Mr. Speckman stated he does not have an estimate of how many residents will utilize this option. In response to Commissioner Jerke, Mr. Speckman stated the County's sensitive personnel information will be protected and he explained the new agreement will provide a safer way to access the Learning Lab since the new system will be completely separate from the County's main database. CommissionerJerke moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Masden, the motion carried unanimously. CONSIDER AGREEMENT FOR RELOCATION OF WATERLINE FACILITIES ON WCR 9.5 BETWEEN WCR 28 AND STATE HIGHWAY 66 AND AUTHORIZE CHAIR TO SIGN - CENTRAL WELD COUNTY WATER DISTRICT: Wayne Howard, Department of Public Works,stated the agreement will allow a one- mile section of waterline to be relocated. In response to Commissioner Masden, Mr. Howard stated the total estimated cost of the project is $636,000.00; however, it may be less after bids are opened by Central Weld County Water District. In response to Commissioner Rademacher, Mr. Howard stated this Minutes, February 12, 2007 2007-0368 Page 2 BC0016 waterline flows south, towards the Carma Bayshore, LLC, development. Commissioner Rademacher moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Masden, the motion carried unanimously. CONSIDER APPOINTMENT OF DEPUTY DISTRICT ATTORNEY AND AUTHORIZE CHAIR TO SIGN- HOLLIE WILKINSON: Commissioner Jerke moved to appoint Hollie Wilkinson as a Deputy District Attorney. Seconded by Commissioner Masden, the motion carried unanimously. CONSIDER LETTER OF AGREEMENT TO TEMPORARILY CLOSE A PORTION OF THE POUDRE RIVER TRAIL AND AUTHORIZE CHAIR TO SIGN: Bruce Barker, County Attorney, stated the Poudre River Trail Corridor, Inc., has been approached by Petro-Canada Resources (USA) Inc.,with the request to close a portion of the trail for two periods of time during which Petro-Canada Resources (USA) Inc., will complete drilling operations. He stated the majority of the land is owned by Broe Land Acquisitions, and a small portion of the property is owned by the Eastman Kodak Company and is within the County. He stated approval of the agreement gives the Board's consent to close a portion of the trail, which will allow Petro-Canada Resources (USA) Inc., to move machinery across the trail. In response to Commissioner Jerke, Mr. Barker stated the agreement will be null and void if the operation has not commenced by March 31, 2009, and there has been no commencement date determined; however, Petro-Canada Resources (USA) Inc., will aim to perform the drilling during the winter season. Commissioner Garcia moved to approve said letter of agreement and authorize the Chair to sign. Commissioner Rademacher seconded the motion, which carried unanimously. OLD PLANNING BUSINESS: RECONSIDER ZONING PERMIT FOR A COMMERCIAL VEHICLE, ZPCV #0010 - FRED JACKSON: Bethany Salzman, Department of Planning Services, stated more than 30 percent of the surrounding property owners are in opposition to this request for a zoning permit for a commercial vehicle, which is the reason it is before the Board for consideration. Mr. Barker reminded the Board this request was previously considered and denied; however, the applicant was given incorrect information which caused him to miss the hearing. He stated the matter is being reconsidered at the request of the applicant. Fred Jackson, applicant, stated he would like to park a trailer he owns on his property. He stated he uses the trailer for business purposes and for hauling hay for his horses. In response to Commissioner Masden, Mr. Jackson stated the trailer is seven feet wide and 18 feet long. Further responding to Commissioner Masden, Mr. Jackson stated he hauls tree limbs, items from storage units, and other items that may require transport. He stated in the past he has parked the trailer on his property while it contained items needing to be disposed of; however, he will not continue to do so in the future. Responding to Commissioner Masden, Mr. Jackson stated he is requesting an exemption to park the trailer on the property and has no intention of loading or unloading items on his property. In response to Chair Long, Ms. Salzman stated the property is zoned (A) Agricultural. She stated Mr. Jackson has a home business with no other employees, and he has a flatbed trailer which is pulled by a pick-up truck. She further stated Mr. Jackson may use the flatbed trailer to transport and store hay without a permit; however, a permit is required to conduct commercial tasks. In response to Commissioner Rademacher, Ms. Salzman stated Mr. Jackson's property is not screened by fencing. Responding to Chair Long, Mr. Jackson stated he hauls a maximum of approximately 100 bales of hay to his property for storage. In response to Commissioner Garcia, Mr. Jackson stated he is the sole proprietor of his business. He further stated he operates a hauling business and an example of the work he performs is to assist realtors with cleaning up properties in preparation to sell them. He stated he works out of his home and does not have any off-site work locations. In response to Chair Long, Ms. Salzman stated one commercial vehicle is allowed in the (A) Agricultural Zone District without a permit; however, when the property is located within a subdivision, an individual must complete the application process. In response to Commissioner Masden, Ms. Salzman stated there have been no Use by Special Review Permits or any other zoning Minutes, February 12, 2007 2007-0368 Page 3 BC0016 exemptions granted in this Subdivision. Wynn Keck, surrounding property owner, submitted a hand- drawn map of the neighborhood, marked Exhibit C. She stated her property is located north of Weld County Road 2, and is on a private road in between Kelly and Star Lanes. She further stated the Board's decision regarding the commercial permit may affect accessibility to the properties located along the private access easement. She stated Mr. Jackson has access to his property through an easement granted on her property, which is the only existing access to her property, and the easement was not intended for use by commercial vehicles. Ms. Keck stated her family maintains the private road without assistance from surrounding property owners. She stated Mr. Jackson's deed specifies he is not to obstruct the view to the west of her property, nor the view to the north of his property; however, he has allowed people to park vehicles and equipment on his property, hauled in and dumped derelict vehicles and trash acquired through his business, and used his property as a campground for recreational vehicles. She further stated there is a recreational vehicle connected to a propane tank on the property, and she believes people are living in the vehicle. Ms. Keck stated she has lived on her property since April, 1978, and in November, 2006 she was notified by the County Assessor's office that her property is no longer zoned (A) Agricultural and is currently zoned (R) Residential. Ms. Keck stated the property Mr. Jackson owns adjacent to her own is not his primary residence. She stated Mr.Jackson's vehicle digs ruts into the private road her family maintains, and she is concerned that granting a permit for a commercial vehicle may adversely affect property values in the subdivision. In response to Chair Long, Ms. Salzman stated the County Assessor's Office may assess improvements on a property as (R) Residential despite the property being zoned (A) Agricultural, for example, if an individual owns a large farm, the house likely will be assessed at the (R) Residential rate and the vacant land at the (A) Agricultural rate. She clarified the zoning would remain (A) Agricultural. Jessie Vanderford, surrounding property owner, stated her property is located directly east of Mr. Jackson's property, and her parents purchased the property in 1969 for its agricultural amenities, including growing a large garden. Ms. Vanderford stated her family moved to the property November 1, 1994,and has since acquired the property. She stated the Burlington/Brighton Lateral Ditch runs the full length of the north side of her property and her family has water rights on the property. She stated she has numerous grandchildren which play on the property and help outwith various projects,and she is concerned they may be subjected to health hazards from Mr. Jackson's property. Chair Long stated the application being considered will not change the zoning of the property, it will remain (A) Agricultural. He stated Mr. Jackson is requesting a permit for a commercial vehicle in order to store the trailer he uses for private and business purposes on the property. Ms. Salzman explained the permit is specifically for business use, and Mr. Jackson has the right to use the trailer for transporting hay. Mr. Jackson apologized to his neighbors for causing concerns, and stated he has made substantial progress cleaning up the property since he became aware of the concerns. In response to Commissioner Masden, Mr. Jackson stated the recreational vehicle is not occupied, and a propane tank is connected to it to prevent the pipes from bursting as has previously occurred in cold weather. He further stated the recreational vehicle will be put up for sale this spring. In response to Commissioner Rademacher, Ms. Vanderford stated there is not a Home Owner's Association in the Subdivision. Further responding to Commissioner Rademacher, Mr. Jackson stated the amount of hay he stores on the property depends on the current price of hay, and he does not presently have an alternative location to store the trailer. In response to Chair Long, Ms. Salzman stated Mr. Jackson is scheduled to appear before the Board for a violation hearing on March 13, 2007. She reiterated that Mr. Jackson is allowed to haul and store hay without this permit, and it is only the commercial uses of the trailer being considered. She stated the recreational vehicle on the property used to be occupied; however, it is no longer. She further stated Mr. Jackson has been working hard to complete all of the required registrations for the vehicles on the property, and the sole remaining issue is a small pile of debris is to be removed from the property, which will be addressed at the violation hearing. In response to Commissioner Garcia, Mr. Jackson stated the occupants of the recreational vehicle presently reside with him in the house on the property. Minutes, February 12, 2007 2007-0368 Page 4 BC0016 Commissioner Jerke stated this is a property rights issues, and he typically supports allowing people to do what they want as long on their property as it does not adversely affect their neighbors and due to the potential adverse effects, he is considering voting for denial of the permit. He stated this is a request for a new use in an old subdivision in which many of the residents have lived for several generations. He further stated the neighbors are more likely to support this type of request when an applicant has been a responsible property owner. Commissioner Masden stated property rights are important to all of the Board members. He stated the Board has not allowed any Use by Special Review permits or other commercial uses in this subdivision, and he believes people move to the area and remain there for this reason. Commissioner Jerke moved to affirm the Board's previous decision to deny said permit. Seconded by Commissioner Masden, the motion carried unanimously. CONSIDER RESCINDING RESOLUTION #2006-3028, DATED OCTOBER 30, 2006, FOR MINOR RESUBDIVISION RS#1126, FOR VACATION OF PLATTED ROADS,STREETS,AND ALLEY RIGHTS- OF-WAY LOCATED WITHIN THE PLATTED TOWNSITE OF PURCELL (CON'T FROM 02/05/07): Mr. Barker stated this item of business was continued in order to allow time to conduct a work session. He stated the work session will not occur until this afternoon; therefore, he recommended continuing the matter. Commissioner Jerke moved to continue to the matter to February 21,2006, at 9:00 a.m., to allow the Board to attend the scheduled work session prior to considering the matter. Commissioner Masden seconded the motion. There was no public testimony. There being no further discussion, the motion carried unanimously. PLANNING: CONSIDER REQUEST TO PREADVERTISE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1598 - ROCKIES EXPRESS PIPELINE, LLC: Kim Ogle, Department of Planning Services, stated Rockies Express Pipeline, LLC, has requested preadvertisement for a Site Specific Development Plan and Use by Special Review Permit#1598, in a letter dated January 25,2007. He stated staff recommends approval. CommissionerJerke moved to approve said request. Seconded by Commissioner Masden, the motion carried unanimously. FIRST READING OF ORDINANCE #2007-1, IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 2 ADMINISTRATION, CHAPTER 5 REVENUE AND FINANCE, CHAPTER 22 COMPREHENSIVE PLAN, CHAPTER 23 ZONING, AND CHAPTER 24 SUBDIVISIONS, OF THE WELD COUNTY CODE: Brad Mueller, Department of Planning Services, stated the review criteria vary for each section within the Weld County Code. He stated the first section contains miscellaneous items which are not related to traditional planning or land use cases, the next section addresses the Zoning Code,the third section addresses the Subdivision Code,and Chapter 29 deals with the Building Code. He stated he will review the proposed changes in the order they will appear in the Weld County Code, and referrals will be made to the appropriate agencies within the County as necessary. He stated the first change will be to eliminate the designation of how many land use packets can be submitted under Chapter 2, Administration. He explained the next change will be to omit addressing mileage as a dollar amount, and to state mileage shall be paid according to the adopted reimbursement schedule. He further stated there was a duplication in Chapter 5, Revenue and Finance, regarding storm water impact fees which will be removed. He stated another proposed change, under Chapter 22, Comprehensive Plan, is rather than stating bi-annually, to specify August and February. Mr. Mueller explained Chapter23,Zoning,will add llamas and alpacas to Table 23-1 C. He stated another proposed change in Chapter23,Zoning, is to specify improvements agreements are required to be made in conformance with the County policy on collateral for improvements for Use by Special Review permits, which has been common practice as with Subdivisions and Site Improvement Plans; however, it was not specified in the Code. He further stated the next proposed change in Chapter 23, Zoning, will be to add defaults for oil and gas setbacks for Commercial and Industrial Zone Districts, and new requirements will be specified for known plugged or abandoned oil and gas well sites, which is a recommendation made Minutes, February 12, 2007 2007-0368 Page 5 BC0016 after other jurisdictions experienced problems when subdivisions were platted on previous oil sites. He stated in Chapter 24, Subdivisions, the proposed change is to state a geotechnical report shall be prepared in compliance with the requirements of Sections 24-7-210 and 24-7-220,which will standardize the data to be provided by applicants. Regarding Appendices 23-C and 23-D, Mr. Mueller stated approximately one and one-half years ago the sign code was updated to be current with modern urban situations and to eliminate vagueness,and regarding real estate promotion signs, itwas determined there should be a mechanism to notify the public of homes or lots for sale. He further stated staff proposes modifying the original proposal, which categorized all real estate promotion signs as either on or off premise signs, and the signs were to be 48 by eight feet in size and were to be taken down by the time 75 percent of the lots had been sold. He explained the Planning Commission believes the signs should be allowed to be of a greater height of 12 feet and to be displayed until all of the lots have been sold. He stated political signs will no longer be considered temporary signs and were unintentionally included as such previously. Mr. Mueller stated in a recent Planning Commission meeting it was discussed that cemeteries should perhaps require a Use by Special Review permit,and are currently under Use by Right, similar to ranching or farming, and staff was concerned about the commercial nature of the off-site impacts of traffic, grading, and other activity associated with businesses. He stated Chapter 29 will address changes regarding agricultural buildings, which will be discussed at a later time, and concluded his overview of the Ordinance. Chair Long stated a work session needs to be scheduled between the first and second readings to provide time for the Board to discuss the proposed changes in further detail. Mr. Mueller stated he will schedule a work session; however, he has four items for Board consideration today. He stated the first item is commercial vehicle parking in agricultural subdivisions, which staff recommends adding the phrase"when used as a personal storage unit"to be consistent with rest of the Code. He stated the second item is regarding temporary signs, and the Code currently includes public election signs in this category, which staff recommends striking the language including them. He stated the third item is regarding freestanding signs in the Agricultural District and staff recommends striking the last sentence of the paragraph and keeping agricultural buildings exempt from building permits, for example, Use by Special Review dairies and confined animal operations. He further stated staff recommends changing the language regarding commercial vehicles in the Agricultural District to strike the part of the paragraph related to election signs being categorized as temporary signs. He stated as an unintended consequence regarding freestanding signs, the Code reads as though zoning approval is required in the Agricultural District, and it does not require zoning approval. Mr. Mueller explained staff initially proposed a modification to Appendix 23-C due to concern regarding a potential loophole for dairies, milking parlors, and livestock confinement animal operations not being required to have building permits; however, staff has noted other sections of the Code do not refer to milking parlors. Therefore, he stated staff recommends leaving that portion of the Code as it exists. He stated loafing sheds and shade shelters will not require building permits, and recommended approval of Ordinance 2007-1 as drafted. Wendy Tucker, property owner adjacent to a proposed cemetery, stated a neighbor wishes to create a cemetery directly next to her property, and she is pleased the County is considering making cemeteries require Use by Special Review permits, rather than being Use by Right. She stated she has written a letter addressing her concerns about the proposed natural cemetery, which will be the first in Colorado, if allowed. She explained in a natural cemetery the bodies are not embalmed nor encased in enclosures. She explained some natural cemeteries will allow soft wood caskets; however, this one will only bury the deceased in shrouds. She stated the neighbor proposing the cemetery is also proposing a bird sanctuary, which will change the agricultural nature of the neighborhood. She further stated that the neighbor proposing these developments wishes to reintroduce prairie dogs on the property, and the surrounding property owners are concerned about property values being adversely affected, and that the proposed developments will attract people with conflicting beliefs to the area, including animal rights and environmental activists. CommissionerJerke suggested Mr.Mueller schedule a longer work session than usual for further discussion of the Ordinance. Commissioner Jerke moved to approve Ordinance #2007-1 on first reading. Seconded by Commissioner Masden, the motion carried unanimously. Minutes, February 12, 2007 2007-0368 Page 6 BC0016 FIRST READING OF ORDINANCE #2007-2, IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 5 REVENUE AND FINANCE, AND CHAPTER 29 BUILDING REGULATIONS, OF THE WELD COUNTY CODE: Bryon Horgen, Department of Planning Services, stated the four items he will address today are the adoption of the 2006 International Codes, manufactured structures, pre-1976 mobile homes, and building permit fee increases. He stated staff recommends approval of the 2006 International Codes, with the exception of one item, being that the Building Department does not wish to adopt the 2006 Building Code and prefers to continue utilizing the existing building code. He stated the existing Building Code is the 1997 uniform Abatement of Dangerous Buildings Code,and approximately one-half of all local jurisdictions continue to use it regarding abatement of dangerous buildings, while enforcing the rest of the 2006 International Codes. He stated in addition to the adoption of 2006 International Code, there are five modifications relating to Chapter 29, Building Regulations. He stated the first modification is to add the requirement that all setback and offset inspections are to be conducted by Weld County inspectors prior to the foundation approval from an engineer or an architect. He further stated the second modification is to eliminate the requirement for a leak detection system for propane appliances located below grade, and the third is to eliminate the requirement of water service piping to be installed a depth of 42 inches, which staff does not want to amend and would like to keep the requirement at 36 inches deep. Mr. Horgen stated the fourth modification is a change of wording on the list used to identify work exempt from acquiring building permits to make it consistent with International codes. He stated the fifth and final modification is in regards to agricultural-exempt buildings, particularly livestock containment operations, and staff does not wish to change this section of the Code, which will maintain consistency with the Planning Department. He stated staff wishes to eliminate outdated information in Chapter 29 Building Regulations regarding manufactured home setup requirements, and staff would like to allow pre-1976 mobile homes to be moved into the County after meeting pre-move inspection requirements listed in Appendix D. He explained the pre-move inspection items include safety items such as exits, egress windows, smoke detectors,solid fuel burning appliances,electrical systems,and placement of furnaces and water heaters. He stated the last item staff wishes to change in the Code is to increase the building permit fees by 12 percent and to increase pre-move inspection fees to $200.00, including pre-1976 mobile homes. Mr. Horgen stated all of the proposed changes presented to the Board were previously presented to the Planning Commission, and all but two of the proposed changes were approved. He stated the two items the Planning Commission did not approve were eliminating the requirement for LP detectors and the change of depth of water service piping from 42 to 36 inches, and the Planning Commission recommended not modifying the Code regarding those two issues. Commissioner Masden stated in a previous discussion it was decided not to allow pre-1976 mobile homes. Chair Long stated there will be a work session to discuss these matters further. There was no public input. Commissioner Masden moved to approve Ordinance #2007-2 on first reading. Seconded by Commissioner Jerke, the motion carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent agenda. Ordinance #2007-1 and Ordinance#2007-2 were approved on first 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 12, 2007 2007-0368 Page 7 BC0016 There being no further business, this meeting was adjourned at 10:30 a.m. BOARD OF COUNTY COMMISSIONERS WELJNTY C91.)0 DO ATTEST: Mia'4;Ifs David E. Long, Chair Weld County Clerk to the Board f - ‘,1_0 Willis H J,erke_ LPro-Tem BY: / - /2 `�7 Deputy erk to the Board '''a+n F. Garcia IL' Robert D. a de hugs s R adhem Sugla's Rad her Minutes, February 12, 2007 2007-0368 Page 8 BC0016 Hello