HomeMy WebLinkAbout20020468.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
FEBRUARY 25, 2002
TAPE #2002-08
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 25, 2002, 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 Glenn Vaad, Chair
Commissioner David E. Long, Pro-Tem
Commissioner M. J. Geile
Commissioner William H. Jerke
Commissioner Robert D. Masden
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Esther E. Gesick
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Long moved to approve the minutes of the Board of County Commissioners
meeting of February 20, 2002, as printed. Commissioner Geile seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Geile moved to approve the Certification of Hearings
conducted on February 20,2002,as follows: 1)A Site Specific Development Plan and Final Plan, S#611,
Harlen Schultz, Go Landmark Engineering, Ltd. Commissioner Long seconded the motion, which carried
unanimously.
ADDITIONS TO AGENDA: There were no additions to the agenda.
CONSENT AGENDA: Commissioner Long moved to approve the consent agenda as printed.
Commissioner Geile seconded the motion, and it carried unanimously.
PUBLIC INPUT: There was no public input.
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $318,610.39
Commissioner Masden moved to approve the warrants as presented by Mr.Warden. Commissioner Geile
seconded the motion, which carried unanimously.
2002-0468
BC0016
NEW BUSINESS:
CONSIDER TEMPORARY ROAD CLOSURE OF WCR 87 BETWEEN WCRS 42.5 AND 52: Frank
Hempen, Jr., Director of Public Works, requested closure of this portion of road for one week to complete
a replacement of the back wall of the bridge. Commissioner Geile commented this is a temporary fix and
a complete replacement will be necessary in the future. Mr. Hempen added this bridge will be completely
replaced through the Federal Bridge Replacement Program. Responding to Chair Vaad, Mr.Hempen gave
a brief description of the bridge location and stated this is the only major crossing of the South Platte River
for approximately 20 miles. He estimated the future replacement costs to total $2.5 Million, and stated the
problem was discovered last week and closure notifications have been posted. Commissioner Geile
moved to approve said temporary closure. Commissioner Long seconded the motion, which carried
unanimously.
CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO WELD COUNTY ROAD 4 AND AUTHORIZE CHAIR TO SIGN NECESSARY
DOCUMENTS - MARIAN G. KILKER ESTATE, C/O FRED STEELE: Mr. Hempen stated this is the first
of 15 agreements required for this project. He gave a brief description of the location of the property, and
stated Weld County will be responsible for replacing 1,050 feet of fence, and will purchase .24 acres in the
amount of$1,205. Commissioner Masden moved to approve said agreement and authorize the Chair to
sign. Seconded by Commissioner Geile, the motion carried unanimously.
CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO WELD COUNTY ROAD 4 AND AUTHORIZE CHAIR TO SIGN NECESSARY
DOCUMENTS - GEORGE D. KILKER TRUST, C/O FRED STEELE: Mr. Hempen stated this agreement
is for the same project discussed in the previous item. He gave a brief description of the location of the
property, and stated under this Agreement the County will construct a new fence and pay$1,220 per acre
for a .3-acre parcel. Commissioner Long moved to approve said agreement and authorize the Chair to
sign. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER CHANGE ORDER LETTER FOR RESIDENTIAL TRANSITION AND DIVERSION NON-
RESIDENTIAL CONTRACT ALLOCATION LETTER#02-19 AND AUTHORIZE CHAIR TO SIGN: Bruce
Barker, County Attorney,stated this change order letter is necessary to reflect contract adjustments which
are necessary due to a statewide decrease in funding amounts. Commissioner Geile moved to approve
said change order letter and authorize the Chair to sign. The motion, which was seconded by
Commissioner Masden, carried unanimously.
CONSIDER AGREEMENT FOR COPIES OF COUNTY RECORDS AND AUTHORIZE CHAIR TO SIGN -
TITLE RECORDS, LLC: Bruce Barker, County Attorney, stated this is a standard agreement for monthly
$100 payments to receive Clerk and Recorder records on CD. Commissioner Long moved to approve said
agreement and authorize the Chair to sign. Seconded by Commissioner Jerke, the motion carried
unanimously.
CONSIDER AGREEMENT FOR COPIES OF COUNTY RECORDS AND AUTHORIZE CHAIR TO SIGN-
CHICAGO TITLE OF COLORADO: Mr. Barker stated under this agreement Chicago Title of Colorado will
continue receiving copies of the Clerk and Recorder records on microfilm at$25.00 per roll. Commissioner
Geile moved to approve said agreement and authorize the Chair to sign. The motion was seconded by
Commissioner Long, and it carried unanimously.
Minutes, February 25, 2002 2002-0468
Page 2 BC0016
CONSIDER LICENSE AND EXCHANGE AGREEMENT FOR GEOGRAPHIC DATA AND AUTHORIZE
CHAIR TO SIGN - DOMINICAN UNIVERSITY OF CALIFORNIA: Mr. Barker stated under this agreement
the staff and students registered at the Dominican University of California will be granted access to the
County GIS records. Responding to CommissionerJerke, Mr.Warden stated there is a fee for most users;
however, in this case the University will take the GIS data and complete an analysis and provide the
County with a report. He further stated the cost to the County is minimal because all that is provided is
a disk containing the information. Mr. Barker stated he has generated four standard forms and suggested
the Board consider approving the forms,which will allow the Chair to sign the agreements without approval
by the Board. Commissioner Jerke moved to approve said agreement and authorize the Chair to sign.
The motion, which was seconded by Commissioner Geile, carried unanimously.
CONSIDER APPOINTMENTS AND REAPPOINTMENT TO REGIONAL COMMUNICATIONS ADVISORY
BOARD: Commissioner Geile moved to appoint Reginald Mayes and Thomas Backer, and reappoint
Michael Guthrie to the Regional Communications Advisory Board. Commissioner Jerke seconded the
motion, which carried unanimously.
CONSIDER REAPPOINTMENT TO ISLAND GROVE PARK ADVISORY BOARD: Commissioner Long
moved to reappoint Mary Bohlender to the Island Grove Park Advisory Board. Commissioner Masden
seconded the motion, which carried unanimously.
PLANNING:
CONSIDER REQUEST FROM JAMES TERRY TO PRE-ADVERTISE SITE SPECIFIC DEVELOPMENT
PLAN AND USE BY SPECIAL REVIEW PERMIT #1375: Sheri Lockman, Department of Planning
Services, stated due to a large case load at the Planning Commission the applicant has requested this
matter be pre-advertised to expedite the review process. Commissioner Jerke moved to approve the
request of James Terry to pre-advertise Use by Special Review Permit#1375, and to set the hearing date
for April 24, 2002, at 10:00 a.m. Commissioner Long seconded the motion, which carried unanimously.
CONSIDER VACATION OF USE BY SPECIAL REVIEW #1080 - ELEANOR SPEAKER: Ms. Lockman
stated Ms. Speaker currently owns the property permitted by Use by Special Review Permit#1080 for a
boarding kennel. In compliance with the Condition of Approval #2.F of recently approved Use by Special
Review Permit#1300, Ms. Speaker has requested Use by Special Review Permit#1080 be vacated, and
staff recommends approval. Commissioner Geile moved to approve the vacation request of Eleanor
Speaker. Commissioner Masden seconded the motion, which carried unanimously.
CONSIDER THREE-LOT RECORDED EXEMPTION #3232 - BOULDER CREEK ESTATES, LLC, C/O
NANCY DAYTON, AND ERNEST PETERSON: Ms. Lockman stated Boulder Creek Estates, LLC, and
Ernest Peterson are jointly applying for a three-lot Recorded Exemption. She gave a brief description of
the location of the property, which is located within the Mixed Use Development area, and also described
the surrounding uses. Nancy Dayton, City of Longmont representative, stated the City of Longmont would
like to acquire this property to use as open space. Ms. Lockman stated the applicant cannot meet
Condition of Approval #1.J due to a zoning violation on the property owned by Mr. Peterson, which was
also created through an illegal land split. She stated Mr. Peterson is operating a commercial trucking
operation in the A (Agricultural) Zone District, and there are also derelict vehicles and a non-commercial
junkyard and which need to be addressed. She further stated the violation must be closed prior to
subdividing the property, and she displayed photographs of the site. Ms. Lockman stated Mr. Peterson
applied for a Planned Unit Development (PUD) Sketch Plan in 1995; however, he did not follow through
with a Change of Zone or Final Plan. She stated Condition of Approval #1.J of this Recorded Exemption
would require a PUD and Site Plan Review or removal of the trucking operation, non-commercial junkyard
and derelict vehicles. She further stated it is very unlikely Mr. Peterson will be able to satisfy the Condition
of Approval, and under the Board's authority Condition #1.J can be removed, which would allow Boulder
Minutes, February 25, 2002 2002-0468
Page 3 BC0016
Creek Estates and the City of Longmont to finalize the application and ensure Lot C becomes open space.
Ms. Lockman stated this would also address the illegal land split; however, there would be no further
incentive for Mr. Peterson to resolve the violation issues. She stated requiring Mr. Peterson to come into
compliance before the Recorded Exemption can be approved, inappropriately places a burden on
Longmont and Boulder Creek Estates. She further stated Mr. Peterson has been unable to close the
violation during the past 12 years because he will be required to add screening, landscaping, a sewer tap,
a commercial water tap and loss of an access from State Highway 119. Ms. Lockman stated at the very
least, staff would like to have the property completely screened from Highway 119 because the condition
of the site does not conform with the nature of the neighborhood.
Nancy Dayton represented the City of Longmont and stated she has been working on all of the City's open
space negotiations. Ms. Dayton stated the City of Longmont entered into negotiations for this property last
year, and she indicated the location of some other properties already acquired for open space. She stated
the sellers of Lot C would like to keep Lot B which is located on a plateau above Lot C. She further stated
the City is interested in this parcel because it extends the St. Vrain Greenway which also converges with
the Boulder Creek that comes in from the south. She stated Weld County has also contributed $50,000
to assist the City in preserving this area. Ms. Lockman stated although Mr. Peterson has recently suffered
two strokes, he has indicated a willingness to do some additional screening during the next six months.
She stated the City of Longmont is concerned that further delays will hinder completion of the land sale,
and staff recommends the Recorded Exemption be approved without Condition #1.J to allow the City to
proceed with the land acquisition and for the County to actively pursue a violation against Mr. Peterson.
Responding to Commissioner Geile, Ms. Lockman stated the violation has already been closed three
times; however, each time it reopens with the same concerns. She stated staff is currently pursuing a
violation case against Mr. Peterson and has sent a five-day notice letter,which will be followed by a 30-day
notice. She stated if the Board approves the Recorded Exemption, with Condition #1.J, the three-lot
Recorded Exemption plat cannot be recorded until the violation is resolved. Mr. Barker concurred that if
the Condition is removed, the title for Lot C will not be encumbered and staff can still follow up with a
violation. Commissioner Jerke stated this condition is the only leverage to force Mr. Peterson to correct
the problems with his property. Responding to Chair Vaad, Ms. Lockman stated there will be a substantial
cost to bring Mr. Peterson's property into compliance and the violation will not be cured with screening
because there is a commercial operation in the A (Agricultural) Zone District. Ms. Dayton stated if the
seller agrees, the City of Longmont could purchase the entire parcel rather than splitting out Lot B, which
would result in a continued illegal land split. Responding to Chair Vaad, Ms. Lockman stated if the request
is denied,the City of Longmont would be required to submit a Substantial Change or wait ten years before
another proposal could be considered. Chair Vaad commented this request appears to be premature
based on risk to the parties involved regardless of which decision is made. Mr. Barker reiterated there are
two types of violations involved because of the illegal land split and the various zoning violations on the
Peterson property. Mr. Barker reviewed the options and outcomes for the Board as previously discussed.
Responding to Commissioner Jerke, Ms. Dayton stated the Open Space Fund is nearly depleted and it
would be very costly to purchase Mr. Peterson's property,with the added concern regarding environmental
liability due to contamination. Ms. Lockman reiterated staff is recommending denial; however, they feel
there is a need for some negotiation because the Condition does place an undue burden on the City of
Longmont and Boulder Creek Estates, LLC. She further stated if the request is denied, the violation will
remain and the land deal will likely proceed anyway. If approved with Condition #1.J, it is unlikely the
applicants will be able to record the plat. Finally, she stated at the very least, staff would like Mr. Peterson
to screen his property from the Highway, and they will continue actively pursuing the violation. (Switched
to Tape #2002-09)
No public testimony was offered concerning this matter. Responding to Chair Vaad, Ms. Dayton indicated
concern with Condition of Approval #1.C requiring a shared access for the three lots from Weld County
Road 5 because it is unclear where the shared access would be. She stated they would like to place an
Minutes, February 25, 2002 2002-0468
Page 4 BC0016
easement along the southern line of Lot A to access Lot C by crossing Lot B and using the existing ramp
which leads down to the river. Don Carroll, Department of Public Works, stated he would propose a
shared access from Weld County Road 5 at the point where Lots A and B meet. He stated from there an
easement across the north side of Lot B would be used to access Lot C. Following Mr. Carroll's
description, Ms. Dayton stated she had no further concern and added she also agrees with the deletion
of Condition #1.J.
Commissioner Geile moved to approve Recorded Exemption #3232, with the Conditions of Approval as
recommended by staff, with the deletion of Condition#1.J. Commissioner Masden seconded the motion.
Mr. Carroll stated once a Planned Unit Development Application is submitted for Lot A, the Colorado
Department of Transportation will likely require Mr. Peterson to close the existing access from Highway
119 and use the access on Weld County Road 5. Responding to Commissioner Jerke, Mr. Carroll stated
the access point will be split by the property line to establish a shared access to both parcels. Responding
to Commissioner Jerke, Ms. Lockman stated Boulder Creek Estates, LLC, and Mr. Peterson have both
granted authority to Ms. Dayton to represent their positions in this case. Mr. Carroll stated the ramp will
provide access down to the river from the north side of Lot C, and there is also an access to the south side
of the river from Weld County Road 7. There being no further discussion, the motion carried with
Commissioner Jerke opposed.
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 10:20 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: MAO) 6 f)1
S
, G nn Vaad, Chair
Weld County Clerk to the :t-r.
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1%6 � David E. Gng, Pro- e
BY: CP
Deputy Clerk to the Boa N Mme!
M. J. Geile
Willi�m N. Jerke 1���
AcI.I.`
I�W ,�Robert D. Masden
Minutes, February 25, 2002 2002-0468
Page 5 BC0016
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