HomeMy WebLinkAbout20072796.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
SEPTEMBER 5, 2007
TAPE #2007-26
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 5, 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, Esther E. Gesick
Controller, Barbara Connolly
MINUTES: Commissioner Rademacher moved to approve the minutes of the Board of County
Commissioners meeting of August 29,2007,as printed. Commissioner Masden seconded the motion,and
it carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Jerke moved to approve the Certification of Hearings
conducted on August 29, 2007, as follows: 1) Hearing to Consider Proposed Service Plan for Waterfront
at Foster Lake Metropolitan District Nos. 1, 2, and 3. Commissioner Garcia 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 Garcia moved to approve the consent agenda as printed.
Commissioner Jerke seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
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BC0016
WARRANTS: Barbara Connolly, Controller, presented the following warrants for approval by the Board:
All Funds $1,595,759.39
Electronic Transfers -All Funds $5,499,151.47
Commissioner Masden moved to approve the warrants as presented by Ms. Connolly. Commissioner
Rademacher seconded the motion, which carried unanimously.
BIDS:
PRESENT BIDS: Ms. Connolly stated there are no bids to present.
NEW BUSINESS:
CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO COUNTY ROAD 13 AND AUTHORIZE CHAIR TO SIGN NECESSARY
DOCUMENTS - PAUL LANDWEHR: Leon Sievers, Department of Public Works, stated this is the sixth
of eleven parcels to be purchased along the County Road 13 Strategic Project. He stated the 0.394-acre
property is located east of County Road 13, south of County Road 12, and staff recommends approval of
the purchase price, in the amount of $8,450.00. Commissioner Rademacher moved to approve said
agreement and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried
unanimously.
CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO COUNTY ROAD 13 AND AUTHORIZE CHAIR TO SIGN NECESSARY
DOCUMENTS-FRANK ELLIOTT: Mr.Sievers stated this is the seventh of eleven parcels to be purchased
along the County Road 13 Strategic Project. He stated the 1.627-acre property is located west of County
Road 13, and one-half mile south of State Highway 52. Mr. Sievers stated staff recommends approval of
the purchase price, in the amount of $147,280.00, as well as acquiring the residence, for a total
compensation of$279,280.00. Commissioner Masden moved to approve said agreement and authorize
the Chair to sign. Seconded by Commissioner Jerke, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR2 BETWEEN CRS 39 AND 45:Wayne Howard, Department
of Public Works, requested approval of the temporary closure of County Road 2, between County Roads
39 and 45, to replace a bridge on the east side of County Road 39. He stated County Road 2 is a gravel
road; however, the detour route is paved, and he does not foresee any problems. He further stated the
road will be closed from September 17, 2007, through November 2, 2007. Commissioner Masden moved
to approve said temporary closure. Commissioner Garcia seconded the motion, which carried
unanimously.
CONSIDER APPLICATION FOR TEMPORARY ASSEMBLY OF MORE THAN 499 PERSONS ON
SEPTEMBER 22-23, AND 28-30, AND OCTOBER 5-7, 12-14, 15-17, 19-21, 22-24, AND 26-28, 2007 -
JAMES ANDERSON, C/O TODD HODGES DESIGN, LLC: Bruce Barker, County Attorney, stated this
application is required pursuant to the requirements of an existing Use by Special Review Permit on the
site. He stated the events will exceed 500 persons on the noted dates; however, the applicant has
provided evidence of the required contract for security, Power of Attorney from all owners of the property,
and the Sheriff's Office has reviewed the request and has no concerns. Todd Hodges, Todd Hodges
Design, LLC, represented the applicant and stated Use by Special Review Permit#1232 was approved
by the Board in 1999, for a Guest Farm for family events such as weddings, a corn maze, hay rides, a
pumpkin patch, etcetera. He stated people pay to come and enjoy activities, and due to the quality
management, the number of people anticipated to attend has grown over the years. He stated the
application requests a total of up to 10,000 people. Mr. Hodges gave a brief description of the location of
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Page 2 BC0016
the site, which is accessed from County Road 3.25. He stated there is adequate ingress/egress and
overflow parking,and the applicant runs a well-controlled and organized operation. Mr. Hodges stated the
site has internal signage to direct visitors, the operation provides a good opportunity for children to learn
about agriculture, and many of the activities accommodate Americans with Disabilities (ADA) standards.
He stated although the application requests up to 10,000 people, the attendance of the past two years
indicates 7,000 total attendees is more realistic. He further stated the applicant is also looking into
applying for a more permanent zoning designation to permit the activities on a long-term basis. In
response to Commissioner Rademacher, Mr. Hodges stated the applicant will be serving food. Jim
Anderson, applicant, stated they do have a current food license, and the site has been inspected, and
approved, by the local Fire Protection District. He stated the peak season extends from the end of
September through the month of October. Responding to Commissioner Garcia, Mr.Anderson stated the
site is open seven days a week between September 22, and October 31; however, the attendance is not
as high during the week. He stated the permit is necessary for the high attendance on the weekends when
the weather is nice. Responding further to Commissioner Garcia, Mr. Barker stated, in reviewing the
application materials, it is not anticipated the facility will exceed 500 people during the week. He explained
he generally recommends against including the Temporary Assembly requirement in Use by Special
Review Permits(USR); however, in this case it was included, and at this point it is easier for the applicant
to go through the Temporary Assembly process than to amend the USR to allow larger numbers of
attendees. No public testimony was offered concerning this matter. Commissioner Garcia moved to
approve said Temporary Assembly. Commissioner Rademacher seconded the motion. Chair Long
commended the applicant for providing quality facilities and for setting an example for others to follow.
There being no further discussion, the motion carried unanimously.
CONSIDER IMPOSITION OF LIEN FOR NONPAYMENT OF STORMWATER DRAINAGE FEES ON
PROPERTY OWNED BY COUNTRYWIDE HOME LOANS, INC., PREVIOUSLY OWNED BY KIMBERLY
AND MICHAEL MARICK, JR.: Commissioner Garcia recused himself from consideration of the matter.
Mr. Barker stated pursuant to Section 8-7-270 of the Weld County Code, the County has the authority to
impose an assessment for nonpayment of fees. He stated staff provided notice to both the former and
current owners of the property,with no response,therefore,he recommends imposing a lien, in the amount
of $1,171.75 for the balance due. In response to Commissioner Rademacher, Mr. Barker stated the
amount is from the inception of the stormwater drainage fee, plus interest. Brian Varella stated the fee has
been accumulating for a number of years. In response to Commissioner Rademacher, Mr. Barker stated
this property was acquired by Countrywide Home Loans, Inc., as a foreclosure, and it is unlikely that they
have any recourse for gaining the funds from the previous owner. Responding further to Commissioner
Rademacher, Mr. Varella stated the stormwater fee is typically $20.00 per month, and every property
owner has the right to petition the City of Greeley to reduce the amount. Commissioner Masden moved
to approve said Resolution. Commissioner Rademacher seconded the motion. Upon a roll call vote, the
motion failed, with Commissioner Jerke and Chair Long opposed. (Clerk's Note: Commissioner Garcia
was called back to attendance.)
PLANNING:
CONSIDER PARTIAL VACATION OF USE BY SPECIAL REVIEW PERMIT #103 - JACK FRANK: Kim
Ogle, Department of Planning Services, stated the property owner submitted a letter, dated August 27,
2007,requesting the partial vacation due to subsequent property splits which resulted in the USR boundary
overlapping onto land not owned by Mr. Frank. Commissioner Jerke moved to approve said partial
vacation. Commissioner Rademacher seconded the motion, which carried unanimously.
CONSIDER EMERGENCY VIOLATION,VI#07-01112-RANDALL AND TANI OW ENS:Bethany Salzman,
Department of Planning Services, stated the site is located south of County Road 16, east of County
Road 7, and the 4.83-acre property is also surrounded by the Town of Frederick. She stated a summons
was served on August 4,2007, and although she did not receive a Certified receipt, she did call and speak
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Page 3 BC0016
with Randall Owens, property owner,who indicated he would not be attending this hearing. Ms. Salzman
displayed photographs of the site depicting site conditions and the various types of ammunition being used.
She stated due to health and safety issues, staff recommends the case be forwarded to the County
Attorney for immediate action. Responding to Commissioner Jerke, Ms. Salzman stated she informed
Mr. Owens of the date and time of this hearing, as well as the fact that the current use on the property
requires a Use by Special Review(USR)Permit; however, Mr. Owens indicated he would wait for the legal
paperwork. In response to Chair Long, Mr. Barker stated, based on Ms. Salzman's testimony, he believes
the property owner did receive adequate notice. Ms. Salzman stated there is an Intergovernmental
Agreement with the Town of Frederick, and she submitted a letter, marked Exhibit A, indicating an
Annexation Agreement will be required if the property owner applies for a USR permit. No public testimony
was offered concerning this matter, and Chair Long indicated the respondents are not in attendance.
Commissioner Jerke stated the findings are self-evident based on the photographs of the site and apparent
activities taking place which pose a health and safety issue in a residential area. Based on those
comments,Com missioner Jerke moved to approve the Resolution. Commissioner Rademacher seconded
the motion, which 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.
There being no further business, this meeting was adjourned at 9:55 a.m.
BOARD OF COUNTY COMMISSIONERS
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ATTEST: milt:AWE:,E E La ��J -c
� David E. Long, Chair
Weld County Clerk to the Boards i �.tt5 i _
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,�(i r- i, William
H. Jer Pro-Tem
Dept Clerl� the Board �_ "' 154
Willi F. Garcia;: ,.%.,Robert D. Masden \
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Minutes, September 5, 2007 2007-2796
Page 4 BC0016
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