HomeMy WebLinkAbout20062697 RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
SEPTEMBER 25, 2006
TAPE #2006-34
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 25, 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, Elizabeth Strong
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Jerke moved to approve the minutes of the Board of County Commissioners
meeting of September 20, 2006, as printed. Commissioner Long seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Masden moved to approve the Certification of Hearings
conducted on September 20, 2006, as follows: 1) PZ#1110- Charles and Teresa Hellmer; 2)MF#1081
- Gold Stone Center, LLC, Go Walter Huang. Commissioner Jerke 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 Vaad moved to approve the consent agenda as printed.
Commissioner Masden seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
2006-2697
BC0016
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WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $701,847.57
Commissioner Masden moved to approve the warrants as presented by Mr.Warden. Commissioner Vaad
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO WCR 74 AND AUTHORIZE CHAIR TO SIGN ANY NECESSARY DOCUMENTS-
RUSSELL MARK: Leon Sievers, Department of Public Works, stated this is the fifth of eight parcels on
Weld County Road 74 involved in the Strategic Road Project. He stated the property is located on the
south side of Weld County Road 74, and approximately 2,000 feet east of State Highway 257. He stated
the County is acquiring .323 acres of right-of-way for a total of$4,855.00, which is $15,000.00 per acre.
He stated the Department is reimbursing the owner atotal of$12,200.00,including$7,345.00 for damages
and replacement of items, such as moving 1200-feet of white vinyl fencing. Commissioner Jerke moved
to approve said agreement. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF WCR 25 BETWEEN SH 14 AND WCR 84: Perry Eisenach,
Department of Public Works, stated the closure request is from Aggregate Industries to close Weld County
Road 25, between State Highway 14 and Weld County Road 84,for widening and paving the roadway, per
an agreement with Waste Management. Commissioner Vaad moved to approve said temporary closure.
Seconded by Commissioner Jerke, the motion carried unanimously.
CONSIDER INSTALLATION OF TRAFFIC CONTROL DEVICES ON WCR 24: Mr. Eisenach stated a
study regarding Weld County Road 24 was conducted as a result of resident concerns, and there have
been some serious accidents at the intersection of Weld County Roads 19 and 24. He stated the
Department recommends lowering the speed limit on Weld County Road 24,as it approaches Weld County
Road 19 from both directions, as the road nears the stop signs. In response to Commissioner Jerke,
Mr. Eisenach stated the intersection is not a 4-way stop. Further responding to Commissioner Jerke,
Mr. Eisenach stated currently there is more traffic on Weld County Road 19, however, in the future there
will likely be a reversal concerning which road is used more since Weld County Road 24 is a strategic
roadway. In response to Commissioner Vaad, Mr. Eisenach stated there is not a flashing red light on the
Weld County Road 24 as it approaches Weld County Road 19, however, staff will consider the measure.
Commissioner Jerke moved to approve said installation. Seconded by Commissioner Long, the motion
carried unanimously.
CONSIDER RESOLUTION RE: DIRECTING CLERK TO THE BOARD TO HAVE PUBLISHED
EMERGENCY ORDINANCE NO.235-A, IN THE MATTER OF SUPPLEMENTAL APPROPRIATION FOR
THE YEAR 2006: Mr. Warden stated there is a state statute which requires that prior to the Board
considering a Supplemental Appropriation, it must be published at least once in the legal newspaper. He
stated the Department recommends the publishing occur on September 27, 2006, and the Board review
the matter on October 2, 2006. Commissioner Jerke moved to approve said Resolution. Seconded by
Commissioner Masden, the motion carried unanimously.
CONSIDER DISTRIBUTION OF BANKHEAD - JONES FUNDS FOR 2006: Mr. Warden stated the next
two items are related, the funds received for this item are from the federal government, and the payment
in lieu of taxes is for federal lands, in particular, Pawnee National Grasslands. He stated$162,538.00 was
received for this item and after taking out the one percent for lobbying costs, the rest is split evenly
between the Department of Public Works and the School Districts RE-2, RE-9, RE-10J, RE-11,and RE-12.
Minutes, September 25, 2006 2006-2697
Page 2 BC0016
He stated a State Statute requires at least five percent goes to roads and bridges or to schools, and
historically the agreement has been to divide the funds evenly. Commissioner Long moved to approve
said distribution. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER DISTRIBUTION OF PAYMENT IN LIEU OF TAXES (PILT) FOR 2006: Mr. Warden stated
this item has the same formula as the previous item. He stated $39,954.00 was received, and will be
divided evenly between the School Districts and the Department of Public works, minus the lobbying costs.
Commissioner Long moved to approve said distribution. Seconded by Commissioner Jerke, the motion
carried unanimously.
CONSIDER ENERGY AND MINERAL IMPACT ASSISTANCE GRANT CONTRACT FOR THE WELD
COUNTY COURTROOM REMODEL PROJECT AND AUTHORIZE CHAIR TO SIGN: Mr. Warden stated
the grant contract is for $500,000.00 and will be used to remodel the courtrooms and the old jail. In
response to Commissioner Masden, Mr.Warden stated he does not have the figures relating to the impact
of oil and gas on the court system in front of him, but roughly three percent of related cases have a
connection to oil and gas. He further stated next to the construction industry, the energy industry has the
highest percentage of individuals related to the court system, many in the Work Release Program.
Commissioner Masden moved to approve said contract. Seconded by Commissioner Vaad, the motion
carried unanimously.
PLANNING:
CONSIDER RECORDED EXEMPTION #4491 - SHELF OF GREELEY SEVEN, LLC, C/O THE BELL 5
LAND COMPANY: Chris Gathman, Department of Planning Services,stated Recorded Exemption#4491
was conditionally approved by staff on September 19, 2006, and the applicant is opposed to Section 3.J
of the Conditions of Approval regarding the Public Works requirements. He stated the property is located
east of, and adjacent to, Weld County Road 59. He stated David Bauer, Department of Public Works,
submitted an e-mail recommending denial unless an engineering study demonstrates the proposed home
sites are not in a flood way, and that the fill needed for safe home construction will not cause flooding
issues on the adjacent properties. He stated the applicant has requested, in their appeal, that notes be
placed on the plat to indicate no building permit shall be issued unless, and until, the appropriate flood
mitigation issues have been properly addressed, in lieu of the Department of Public Works' requirement.
He stated staff proposes note 3.J.6 and 3.J.7 be added to the plat. He stated both notes, numbers six(6)
and seven(7), refer to the flood plain. He further stated note six(6)states all construction or improvements
occurring in the flood plain, as designated on the FIMA map, shall comply with the Flood Hazard Overlay
District requirements of Chapter 23,Article V, Division 3, of the Weld County Code. He stated note seven
(7) addresses the installation of septic systems, which states the installation of any septic system within
the 100-year flood plain shall comply with the Weld County Individual Sewage Disposal Systems (ISDS)
Flood Plain Policy. In accordance with the State of Colorado ISDS regulations, no septic system shall be
installed within the flood way. He stated Mr. Bauer and Kirk Goble, Bell 5 Land Company, authorized
representative of Shelf of Greeley Seven, LLC, are available to address the issue. In response to
Commissioner Jerke, Mr. Gathman stated Weld County Road 59 is on the east side on the property, it is
one-quarter of a mile south of Weld County Road 50, one mile south of State Highway 34 and south of
the feedlots, and is east of the town of Kersey. In response to Chair Geile, Mr. Gathman stated there are
two lots and two dwelling units, and Lots A and B are presently vacant and without dwellings. Further
responding to Chair Geile, Mr. Gathman stated Public Works recommends denial since an engineering
analysis has not been prepared, however, the applicant stated they will provide one before any building
permits are issued. Mr. Bauer stated the property lies in the 100-year flood plain in Box Elder Creek. He
stated the Code of Federal Regulations (CFR)60.3 states communities participating in the National Flood
Insurance Program must require permits for all proposed construction within flood prone areas, as human
health and safety are paramount concerns,and proposed development must be reasonably safe from flood
damage which usually requires structures be raised above the 100-year flood plain. He further stated fill,
Minutes, September 25, 2006 2006-2697
Page 3 BC0016
or channel modifications, within a FIMA flood plain require base-flood elevation to be determined and it
must be evaluated whether any proposed fill will cause channel modification or harm adjacent properties.
He stated the issue is whether the County should grant a land division to create two residential lots which
may be unsafe or unbuildable for residential use. He further stated the property could be developed in the
southeast corner of Lot B since it is outside of the flood plain, however, he is concerned if the five-acre lot
on the northwest corner could safely be built on, even with fill. He stated if the County divides the land
now, it may later be determined that a portion of the land is unbuildable. In response to Chair Geile,
Mr. Bauer stated the property is in the flood plain. Further responding to Chair Geile, Mr. Bauer stated the
typical process is to identify the maximum flow FIMA anticipates will be moving through the area for the
100-year flood plain, identify the location the owner desires to fill, and determine if the property will be high
and safe enough from the concentrated flows. In response to Commissioner Jerke, Mr. Bauer stated the
line through the property, marked on Exhibit A, is the Box Elder Creek. Mr. Bauer stated there are some
angular turns, which are modifications from the natural course. Further responding to Commissioner
Jerke, Mr. Bauer stated the Box Elder Creek has been channelized for low flows, similar to an irrigation
ditch, however, it would be overwhelmed by a 100-year flood. In response to Commissioner Jerke,
Mr. Goble stated the road shown on Exhibit A is a field road, not an oil well road. Mr. Goble stated he has
created Recorded Exemptions in Weld County for 19 years and has never had a Recorded Exemption
request denied. He stated staff and rules change, and even when they do not, interpretations and
applications of rules change. He stated the applicant's situation is similar to past cases which have been
approved and the applicant understands and accepts the condition that prior to building, the engineering
analysis will be required. He stated the existing improvements are not part of the applicant's land,
however, are part of a previously approved Recorded Exemption and are clearly in the flood plain. He
further stated other improvements exist within the flood plain area, as well. He stated it is not a bad idea
to address the issues with creation of these sites, however, not to change the application of the rules
without a phase-in or notification period. He stated the applicant is seeking the appropriate notes on the
plat which will require the engineering analysis to be completed prior to issuance of a building permit. He
stated any marketing would have to include the disclosure that the property is on a flood plain, therefore,
any burden would be on the applicant and their broker. He stated he has a wonderful working relationship
with County staff and there is no reason they cannot work through this issue. He stated an applicant is
going to spend some money and time applying for a Recorded Exemption, and he would not like it to be
a gamble. In response to Commissioner Jerke, Mr Gathman restated the proposed language in 3.J.6 and
3.J.7. Mr. Barker stated in a work session the desire was expressed to have a clearer warning on the plat
and he suggested adding the following to the standard language for 3.J.6,"Warning:Owners of Lots A and
B may not be able to obtain building permits to construct residential structures." Mr. Goble stated the
proposed change would help to clarify the bottom line and the owner needs to understand building permits
may not be available to them. He further stated he has no problem with greater scrutiny of flood issues,
however, he wants change to be compatible with existing applications, and is asking for the application in
process to be approved even if there are interpretation changes for future applications. Chair Geile stated
he understands the intention, however, it is worthless without the engineering analysis and FIMA's
approval, even if it states on the plat it is not a buildable property. He stated there is a real estate issue
if the Board continues to approve Recorded Exemptions which can never be built on unless the
engineering can be completed is putting the cart before the horse. He stated the process has no value
until the engineering is accomplished and he would rather continue the matter until the paperwork is
complete. He stated the process of approving Recorded Exemptions before application completion will
clutter land use issues. Mr. Goble stated the County has been pushing the horse before the cart for a long
time, therefore, this case will not set a precedent, however, the Board can set a precedent of changing
the County's approach to the issue. He further stated the real estate agents and brokers have an
obligation of disclosure required under the law. Commissioner Jerke stated forcing someone to
predetermine if a lot is going to be improved on and where the improvements will occur does not make
sense, since people may have an engineering analysis completed in an area where they do not end up
building. He stated he understands Chair Geile's logic, however,the decision may not be the final solution
Minutes, September 25, 2006 2006-2697
Page 4 BC0016
for ultimate buyers. Chair Geile stated he wants to have the is crossed and the i's dotted before approving
Recorded Exemptions. Mr. Goble asked to clarify if the application is being denied or approved pending
the engineering study. He stated his preference would be to meet the engineering requirements rather
than a denial. Mr. Gathman stated the Condition of Approval states the applicant shall meet the
requirements of the Department of Public Works in the referral from Mr. Bauer and the engineering must
be completed prior to recording the plat. He further stated it has been standard for staff to recommend
a building envelope for properties partly in a flood plain, and this would be applicable to Lot B. Mr. Barker
also proposed modifying 3.J.6 to state"non-agriculture structures"ratherthan"residential". Commissioner
Vaad moved to modify 3.J.6 with the language provided by Mr. Barker to state"WARNING: Owners of Lot
A or B may not be able to obtain building permits to construct non-agricultural structures". Seconded by
Commissioner Jerke, the motion carried unanimously. Commissioner Vaad moved to approve Recorded
Exemption#4491, with modified language. The motion was seconded by Commissioner Masden. Chair
Geile stated there has to be a point at which the County deals with the issue, and approval of the Recorded
Exemption without completion of the requirements is not the way to deal with it, and he will not be
supporting the approval of Recorded Exemption #4491. There being no further discussion, the motion
carried 4-1.
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 10:00 a.m.
��.,.` BOARD OFCOUNTY COMMISSIONERS
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ATTEST: ita •Cfi 4,; I` / /6 St,-
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,1;.1,` _ M. eile, Chair
Weld County Clerk to the B• 4...
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``�, ( N \i�� David E. Long, Pro-Tem
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Depu Clerk t he Board (!�
Wil ' m H. Jer e lul..._
Robe D. Masden
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Glenn Vaad
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Minutes, September 25, 2006 2006-2697
Page 5 BC0016
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