HomeMy WebLinkAbout20060484.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
FEBRUARY 13, 2006
TAPE #2006-06
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 13, 2006, 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 M. J. Geile, Chair
Commissioner David E. Long, Pro-Tem
Commissioner William H. Jerke
Commissioner Robert D. Masden
Commissioner Glenn Vaad
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Jenny VanEgdom
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Masden moved to approve the minutes of the Board of County Commissioners
meeting of February 8, 2006, as printed. Commissioner Vaad seconded the motion, and it carried
unanimously.
READ ORDINANCE BY TAPE:Commissioner Vaad moved to read Code Ordinance#2006-2 by tape.
Commissioner Jerke seconded the motion, which carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Vaad moved to approve the Certification of Hearings
conducted on February 6, 2006, as follows: 1) Pioneer Metropolitan District Service Plans; and Hearings
conducted on February 8, 2006: 1)George Carlson and Mary Carlson Revocable Living Trusts,Go Kevin
and Debbie Martin; 2) Carma (Colorado), Inc., Go Tom Morton; and 3) Jess Aragon, dba TimberRock
Landscape. Commissioner Long 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 Masden 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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WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $524,176.26
Commissioner Jerke moved to approve the warrants as presented by Mr.Warden. Commissioner Masden
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER PURCHASE OF SERVICES AGREEMENT FOR MENTAL HEALTH AND WELLNESS
SERVICES AND AUTHORIZE CHAIR TO SIGN-NORTH RANGE BEHAVIORAL HEALTH SERVICES:
Walt Speckman, Director of Human Services,stated North Range Behavioral Health Services will provide
mental health and wellness services for eligible families, children, and staff, at a rate of$55.00 per hour,
not to exceed a total cost of$10,000.00. Commissioner Long moved to approve said agreement and
authorize the Chair to sign. Seconded by Commissioner Jerke, the motion carried unanimously.
CONSIDER PURCHASE OF SERVICES AGREEMENT FOR MEDICAL SERVICES AND AUTHORIZE
CHAIR TO SIGN-ST.MARY'S FAMILY PRACTICE RESIDENCY: Mr.Speckman stated St.Mary's Family
Practice Residency will provide all physical examinations and update immunizations in the Grand Junction
area for any Migrant Head Start child with a written referral. Commissioner Masden moved to approve said
agreement and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried
unanimously.
CONSIDER PURCHASE OF SERVICES AGREEMENTFOR MIGRANTAND SEASONAL HEAD START
MEALS AND AUTHORIZE CHAIR TO SIGN-SODEXHO: Mr.Speckman stated Sodexho will provide meals
for the Migrant/Seasonal Head Start children and staff in the Grand Junction area. Commissioner Long
moved to approve said agreement,and authorize the Chair to sign. Seconded by Commissioner Vaad,the
motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF WCR 20.5 BETWEEN WCRS 1 AND 7: Frank Hempen, Jr.,
Director of Public Works, stated Weld County Road 20.5, between Weld County Roads 1 and 7, will be
closed on February 21, 2006, for approximately four working days,for culvert replacement. In response
to Commissioner Vaad, Mr. Hempen stated Weld County Road 20.5 is highly traveled,and the detour route
will be County Road 7 to State Highway 119. In response to Commissioner Jerke, Mr. Hempen stated the
culvert replacement is not associated with the flooding problem on Weld County Road 7. Commissioner
Vaad moved to approve said temporary closure. Seconded by Commissioner Masden,the motion carried
unanimously.
CONSIDER RESCINDING RESOLUTION#2005-3709, DATED DECEMBER 28,2005,AND APPROVE
AMENDED CANCELLATION OF 2005 OUTSTANDING ACCOUNTS RECEIVABLE FOR THE WELD
COUNTY PARAMEDIC SERVICES: Dave Bressler, Director of Paramedic Services, stated the
Department entered into an agreement with First Party Receivables to process accounts. He stated the
amount of money considered as bed debt through First Party Receivables was inadvertently filtered from
the total figures. He stated the difference in amounts totaled $186,868.49, and the total amount is now
$2,306,651.91. Commissioner Vaad moved to rescind Resolution #2005-3709, and to approve the
amended cancellation of the 2005 outstanding accounts receivable for the Weld County Paramedic
Services. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER AMEN DM ENTTO 457 PLAN: Mr.Warden stated three technical corrections have been made
by the Internal Revenue Service,concerning the deferred compensation plan. He stated Section 1.10 has
been amended to clarify the definition of an employer, Section 1.13 has been amended to delete the
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provision that allows a retirement age to be later than 70.5 years of age, and the Treasury Regulations
citation has been amended in Section 1.19. In response to Commissioner Jerke, Mr. Warden stated an
employee is not forced to retire at the age of 70.5; however,an employee must begin collecting funds from
the 457 Plan. Commissioner Long moved to approve said amendment. Seconded by Commissioner
Jerke, the motion carried unanimously.
PLANNING:
FIRST READING OF ORDINANCE#2006-2, IN THE MATTER OF REPEALING AND REENACTING,WITH
AMENDMENTS, CHAPTER 22 (COMPREHENSIVE PLAN), CHAPTER 23 (ZONING), CHAPTER 24
(SUBDIVISIONS), CHAPTER 27 (PLANNED UNIT DEVELOPMENT),AND CHAPTER 29 (BUILDING
REGULATIONS),OF THE WELD COUNTY CODE: Monica Mika, Director of Planning Services, stated
six major changes are associated with the Ordinance. Ms. Mika stated the Planning Commission
recommended approval at both the hearing dates of November 15,2005,and December 20,2005,and gave
a brief summary of the changes. She further stated a formal presentation will be presented upon second
reading. Bruce Barker,County Attorney,stated the expansion of the commercial vehicle definition allows
for greater use of commercial vehicles on agricultural properties. He stated discussion was held following
the Planning Commission hearing, and the Board of County Commissioners discussed allowing up to five
commerical vehicles on agriculturally related properties. He further stated a work session will be scheduled
regarding the topic, and changes may be made on second reading. Mr. Barker stated other changes
include Sections 23-4-165,and 23-4-950, regarding Zoning Permits allowed for a mobile home or vehicle
on the property, and stating the permit is not transferrable upon conveyance of the property. In response
to Commissioner Jerke, Mr. Barker stated an amendment regarding Stormwater Drainage Fees may be
included on second reading. Commissioner Jerke moved to approve Ordinance#2006-2 on first reading.
Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER RECORDED EXEMPTION #4219 - MICHAEL AND SHEILA DAVIS: Michelle Martin,
Department of Planning Services,stated the Department forwarded the application to the Board of County
Commissioners upon written request of the applicant. Ms. Martin stated Recorded Exemption#4219 was
conditionally approved by staff on October 5, 2005, with the attached Conditions of Approval and
Development Standards, and she gave a description of the location of the property. She stated the
applicants have delineated two adjacent 14-foot easements, previously recorded, to be used for access
to proposed Lots A and B. She further stated after review by County Attorney,it was determined that notice
should be provided to surrounding property owners, and the County Attorney determined no restriction
existed in the grant of easements regarding the issue of increased use through the division of the property;
therefore, access to Lots A and B would not unreasonably burden the surrounding property owners.
Ms. Martin stated the applicants are requesting that Condition of Approval#2C be removed, requiring a
recorded copy of an agreement signed by all of the owners of the property crossed by the easement.
Tom Haren,AGPROfessionals, LLC, represented the applicant and stated the applicant is seeking relief
from Condition#2C. Mr. Haren provided a map of the surrounding properties, and stated the owners of
Tract 4, the Board Family, have no objection to the Recorded Exemption. He stated the easement is
recorded as a perpetual non-exclusive easement, and the owners of Tracts 1 and 3 have conflicts with the
proposal. He further stated the applicant believes the terms of resolution offered by the surrounding
property owners are not acceptable. Mr. Haren stated the adjacent property owners are not burdened by
the use of the easement, and the applicant paid for the easement at the time the property was purchased;
therefore, they should not be forced to give up future property rights. He stated the applicant believes the
owners of each lot may continue to use the access easement to the original lot, and the use should
continue as long as there is not an unreasonable increase and burden on the surrounding property owners.
Mr. Haren stated Mr. Grigsby, owner of Tract 3, operates a commercial business, which has already
created increased use of the access,and the property owners do not oppose that increased use. He stated
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the surrounding property owners need to prove an unreasonable burden,other than an inability of financial
gain, or Condition of Approval #2.C should be deleted.
Robert Sencenbaugh stated his family settled this parcel of land in 1859. A division of the property occurred
in 1994, and at that time, Tracts 2 and 3 were transferred to Josephine Miles. He stated his attorney was
not able to be present at the hearing, since adequate notice was not given. He stated the easement was
granted to an individual, and now the individual desires to grant the easement to other people, and he is
afraid that the applicant will continue to grant easements to additional property owners; therefore, the
surrounding property owners have no control of the easement. He further stated all surrounding property
owners need to be notified of changes to the easement, and a negotiation must take place, or the matter
must go before the Courts. Mr. Sencenbaugh stated the rights of the affected landowners cannot be
ignored. He stated neighbors have attempted to meet with Mr. Davis, he has chosen to ignore his
neighbors, and has shown a disregard for property rights. He further stated the neighbors have not
requested financial compensation; however, the neighbors desire to discuss each modification to the
easement as changes come forward,and do not want to see an open-ended easement. Mr.Sencenbaugh
read the will of Josephine Miles into the record,which states her intent that the land remain agricultural if
her property was not placed into a trust, and the easement was to allow access for agricultural purposes.
He stated the property was sold through her estate; however, the will shows the intent of Ms. Miles at the
time the easement was granted. In response to Mr. Barker, Mr. Sencenbaugh stated he would provide a
copy of the will for the record. (Clerk's Note: Mr. Sencenbaugh left the hearing early, and did not provide
a copy for the record.)
Guy Grigsby, property owner of Tract 3, distributed a copy of a court order from 1995, marked Exhibit A.
He stated the Final Order granted an easement for the purpose of access to and maintenance of irrigation
facilities, and the reasonable location of utilities, which was determined to be 14 feet in width, along the
northern border of Tract 3. He further stated the Order states that use of the easement shall not affect the
existing improvements located on Tract 3,which include the commercial greenhouse and barn,which are
within 70 feet of the easement. Mr.Grigsby stated he has been operating an agricultural business for more
than 18 years, and his business includes growing vegetable plants, certified organic crops, and several
plants which are later used to make dye,medicinal herbs,and trees for a biotech company in Boulder. He
further stated the Court Order provides for specific protection of his property, as the access was created
to serve agricultural purposes,such as his business. He stated employees and customers park in the area
immediately adjacent to the easement, and he believes increased traffic would affect his business by
creating incidental damage. Mr. Grigsby stated if the applicant's request is granted, more requests like it
will be granted in the future. He stated the owners of Tract 4 are interested in subdividing their land, and
he is afraid traffic from a nearby development would be able to access the easement if an access is created
on Weld County Road 7. He further stated he did not try to negotiate with Mr. Davis out of financial gain,
he is trying to protect his business; however, Mr. Davis is not willing to move the road, or limit the number
of lots that will utilize the access. Mr. Grigsby stated he does not recommend denial of the request for a
Recorded Exemption; however, the needs of the surrounding property owners need to be met, and
Condition of Approval#2.C should not be removed. He stated official notice from the Countywas not sent,
and he was informed about the hearing today through a phone call from Ms.Martin;therefore, he has only
had one week to prepare his comments.
Mr. Haren stated Mr.Sencenbaugh only provided selective information regarding the will of Josephine Miles,
and her property was transferred into a trust. He stated Mr.Grigsbywas talking about the utility easement,
and another easement exists to the north of the one he described. He further stated the information
provided by the neighbors should have been recorded. Mr. Haren stated speculation of an upcoming
subdivision is not valid to the case,and the applicants should have proved an unreasonable burden of the
two-lot Recorded Exemption. He stated the applicant has an equal burden on his residence from the
surrounding commercial business and public access to the easement. He further stated the applicants
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received conditional approval in August 2005, and the neighbors were aware of the situation, since many
options have been discussed. He stated the neighbors have not demonstrated an unreasonable burden;
however, they have attempted to veto the Recorded Exemption.
In response to Chair Geile,Ms.Martin stated there is no sign posting,paper notice,or referrals to properties
within 500 feet of the property for Recorded Exemptions. She further stated she has been in contract with
surrounding property owners, and she notified them of the hearing date after it was set. In response to
Ms. Martin, Mr. Barker stated his email to Ms. Martin stated that surrounding owners in Tracts 1 and 3
should be notified,to allow them the opportunity to provide evidence that the intent of the access was not
to allow expanded use. He stated no process of notification exists in the Weld County Code regarding
Recorded Exemptions, and Ms. Martin provided notice through a phone call. In response to Chair Geile,
Mr. Barker stated the key issue is the intent of the grantors of the easement at the time it was granted. He
stated the Court Order does not provide the intent at the time the easement was granted; however, the
owner of Tract 3 only has a right to enforce the Order when improvements have gone beyond the specified
boundaries. He further stated the Board does not grant the right to use the easement; however,the Board
determines whether the applicant is required to have a signoff from surrounding property owners.
Mr. Barker stated a restriction of the use regarding the easement is not found from the previous owners.
He stated he would like to see the will of Josephine Miles before making comment. He further stated the
surrounding property owners have expressed concerns that the easement will be overtaxed, which will
result in problems for their respective properties; however, those issues do not prove the intent at the
creation of the easement. Responding to Commissioner Jerke, Ms. Martin stated the intended use of the
easement is for one additional property. In response to Chair Geile,Mr. Barker stated the easement is not
prohibited from being used to a greater extent; however,the opportunity exists for the owner of Tract 3 to
prove the use of the easement has an adverse effect on the existing use of the easement. Commissioner
Jerke moved to approve Recorded Exemption#4219,and delete Condition of Approval#2C. He stated he
is not in favor of forcing the applicant to create an agreement, since the applicant is applying for one
additional lot,with only one additional house. He further stated the language reviewed does not suggest
there are limitations on the access. The motion was seconded by Commissioner Masden. Upon request
for a roll call vote, 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.
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Page 5 BC0016
There being no further business, this meeting was adjourned at 10:15 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COU TY, COLORADO
ATTEST: aw,4121O141
1 2 M. J ile, Chair
Weld County Clerk to the Board
_i vid E. Long, Pro-Tem
BY:L d � ICIGLL �C" � � '' `
De:uty CI!' to the Board (4
=V�� Willi � er
Robert . Masden y
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Glenn Vaad ---
Minutes,
February 13, 2006 2006-0484
Page 6 BC0016
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