HomeMy WebLinkAbout20022274.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
AUGUST 19, 2002
TAPE#2002-27
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, August 19, 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-Tern
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 Geile moved to approve the minutes of the Board of County Commissioners
meeting of August 14, 2002, as printed. Commissioner Long seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Long moved to approve the Certification of Hearings
conducted on August 13, 2002: 1) Violation Hearings; and hearings conducted on August 14, 2002: 1)
Hearing to Determine Intent to Create Weld County Road 57 Local Improvement District #2002-1; 2)
Reconsider Change of Zone #602, Mike SiegrisURiverdance PUD; 3) A Site Specific Development Plan
and Use by Special Review Permit#1371, Bennie Rodriguez; and 4) A Site Specific Development Plan
and Use by Special Review Permit #1372, Bennie Rodriguez. Commissioner Masden seconded the
motion, which carried unanimously.
ADDITIONS TO AGENDA: There were no additions to the agenda.
CONSENT AGENDA: Commissioner Geile moved to approve the consent agenda as printed.
Commissioner Long seconded the motion, and it carried unanimously.
PUBLIC INPUT: There was no public input.
2002-2274
BC0016
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $2,760,777.28
Electronic Transfers -All Funds $3,371.64
Commissioner Long moved to approve the warrants as presented by Mr.Warden. Commissioner Masden
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER TEMPORARY ROAD CLOSURE OF ARROWHEAD DRIVE BETWEEN 37TH STREET AND
PAWNEE DRIVE: Frank Hempen, Jr., Director of Department of Public Works, stated this portion of road
was closed on August 12, 2002, due to water undermining the road. He explained staff is waiting for a
determination from the State regarding the involvement of the owners of the dam which is crossed by
Arrowhead Drive. He stated there are alternate access routes, so this should be a minimal inconvenience
for the public. Commissioner Jerke moved to approve said temporary closure. Commissioner Long
seconded the motion, which carried unanimously.
CONSIDER APPOINTMENT TO LOCAL ENERGY IMPACT AND COMMUNITY DEVELOPMENT REVIEW
TEAM: Commissioner Long moved to appoint Wade Carlson to the Local Energy Impact and Community
Development Review Team,to replace Ed Tagliente. There is no term expiration. Commissioner Masden
seconded the motion, which carried unanimously.
CONSIDER RESOLUTION RE: DIRECTING CLERK TO THE BOARD TO HAVE PUBLISHED
EMERGENCY ORDINANCE #224-A, IN THE MATTER OF SUPPLEMENTAL APPROPRIATION FOR
THE YEAR 2002: Mr. Warden stated this is first supplemental appropriation of 2002. He explained the
State statute requires the Ordinance be published once before consideration, which is scheduled for
September 4, 2002, to review the details. Responding to Commissioner Jerke, Mr. Warden stated the
specifics are not published at this time, this notice just provides information regarding the upcoming
meeting. Commissioner Long moved to approve said Resolution. Commissioner Masden seconded the
motion, which carried unanimously.
PLANNING:
CONSIDER VACATION OF CONDITIONAL USE PERMIT, CUP#70-WINDSOR ASSEMBLY OF GOD:
Chris Gathman, Department of Planning Services, stated the Windsor Assembly of God has requested
the vacation of Conditional Use Permit#70, which will allow them to proceed with the annexation process
to the Town of Windsor. Commissioner Masden moved to vacate Conditional Use Permit #70 for the
Windsor Assembly of God. Commissioner Geile seconded the motion, which carried unanimously.
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL
FOR IMPROVEMENTS (PRIVATE ROAD MAINTENANCE) FOR USE BY SPECIAL REVIEW PERMIT
#1315- HENRY RICKERS: Sheri Lockman, Department of Planning Services, stated the property owner
has already paid for the required landscaping items, so this agreement does not require acceptance of
collateral. She gave a brief description of the location of the site, and stated the landscaping will be
completed following the completion of construction work on I-25 in the area. Commissioner Geile moved
to approve said agreement. Commissioner Jerke seconded the motion, which carried unanimously.
Minutes, August 19, 2002 2002-2274
Page 2 BC0016
CONSIDER RECORDED EXEMPTION #3325 - CLEM SCHRANT: Chris Gathman, Department of
Planning Services,gave a brief description of the location of the site and surrounding uses. He stated staff
recommends denial of this application based on concerns with creating a lot on land which is designated
as "prime with irrigation water," and the larger parcel not being big enough to accommodate the
continuance of agricultural activities. In response to Commissioner Geile, Mr. Gathman stated the land
is currently under agricultural production, with no improvements on the site.
Clem Schrant, applicant, stated the Henrylyn Irrigation system serves this land; however, the supply is not
adequate for irrigation during dry years. He stated he has experienced conflicts with the increasing amount
of traffic created by the Charter School along Weld County Road 63. He stated the larger lots will allow
for residential uses, combined with continued agricultural uses. Responding to Chair Vaad, Mr. Schrant
indicated the location of his home, and added they are only receiving 20 percent of the water necessary
to irrigate the land. In response to Commissioner Jerke, Mr. Schrant stated, if approved, the ditch water
rights will remain with the land. He described the irrigation system,which will allow them or future property
owners to irrigate the land as two separate parcels. He stated there is 12 feet of ditch right-of-way for
maintenance. Responding to Commissioner Masden, Mr. Schrant stated the irrigation ditch provides a
natural boundary and is the reason the lots are divided as proposed. He further stated the land is currently
planted in barley; however, he is in the process of discing the crop under because there is not enough
water. Responding to Chair Vaad, Mr. Schrant stated he is working the soil to prevent blowing. In
response to Commissioner Jerke, Mr. Gathman stated there is not a Condition of Approval which indicates
the water is to remain with the land. Mr. Barker suggested adding a Condition of Approval that requires
a note on the plat.
William Southard, attorney, represented the applicant and stated it is common procedure to convey land
with a given number of shares from a specific ditch. He explained there are various classes of water rights
which specify how the water is used. Commissioner Jerke clarified his intent is not to require that the water
remain with the land into perpetuity. Mr. Southard stated the deed can also specify that it is connected with
water rights. Mr. Barker proposed Condition of Approval #3.G.10 be added to state, "Lot A shall receive
by deed 34 shares of Henrylyn Ditch irrigation water. Lot B shall receive by deed 46 shares of Henrylyn
Ditch irrigation water. Potential purchasers should be aware that the receipt of such shares are not
guarantee that Lots A and B will have sufficient water for irrigation of the lots." Mr. Schrant stated the
water will remain in the Henrylyn Irrigation District. Christine Kurl represented the Henrylyn Irrigation
District and submitted a letter from Steven Janssen, marked Exhibit A, indicating the district is unique in
that the water must remain with the land. He explains it can be transferred to other properties for use;
however, the rights remain with the original parcel of land. Commissioner Geile moved to approve
Recorded Exemption #3325, with the Conditions of Approval as recommended by staff and the addition
of Condition #3.G.10 as recited by Mr. Barker. The motion was seconded by Commissioner Jerke. In
response to Chair Vaad, Mr. Schrant stated he has reviewed and agrees with the Conditions of Approval
as proposed and modified. There being no further discussion, 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.
Minutes, August 19, 2002 2002-2274
Page 3 BC0016
There being no further business, this meeting was adjourned at 9:40 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: Li, . c' La
Gle ad, C t Ir
Weld County Clerk to th= '.o. 1 a
l 61 Cr r t, David Lon Pro-Tern
BY: / iii°S Fit `1
Deputy Clerk to the =oa�� � ���
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'II�. Jerk L
Robert D. il den
Minutes, August 19, 2002 2002-2274
Page 4 BC0016
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