HomeMy WebLinkAbout20021952.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JULY 22, 2002
TAPE #2002.22
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, July 22, 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 - EXCUSED
Commissioner M. J. Geile
Commissioner William H. Jerke
Commissioner Robert D. Masden
Also present:
Assistant County Attorney, Lee Morrison
Acting Clerk to the Board, Carol Harding
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Masden moved to approve the minutes of the Board of County Commissioners
meeting of July 17, 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 July 17,2002,as follows: 1)A Site Specific Development Plan and Use by Special Review
Permit #1391, Howard and Veronica Cantrell; and 2) A Site Specific Development Plan and Use by
Special Review Permit#1347, Aggregate Industries West Central Region, c/o Banks and Gesso, LLC.
Commissioner Jerke seconded the motion, which carried unanimously.
ADDITIONS TO AGENDA: There were no additions to the agenda.
CONSENT AGENDA: Commissioner Masden moved to approve the consent agenda as printed.
Commissioner Jerke seconded the motion, and it carried unanimously.
PUBLIC INPUT: There was no public input.
2002-1952
BC0016
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $947,643.05
Commissioner Masden moved to approve the warrants as presented by Mr.Warden. Commissioner Geile
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES- EDWARD TERRY AND SHARON
PALANUK: Mike Sampson,Assessor's Office, stated this was an agricultural property for which proof of
agricultural use was provided at a later date; therefore, he recommends approval. Commissioner Geile
moved to approve said petition for abatement. Seconded by Commissioner Jerke, the motion carried
unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-BEN SPAUR: Mr. Sampson stated
there was an accounting error on this account, resulting in the house and outbuildings being assessed
twice. He recommends approval. Commissioner Jerke moved to approve said petition for abatement.
Seconded by Commissioner Geile, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-SILVER TIP COMMERCIAL, LLC:
Mr. Sampson stated this is the property being leased by Colorado High School, which has to apply for its
exempt status on an annual basis. Approval for exemption was finally received for 2001; therefore, he
recommends approval. Commissioner Geile moved to approve said petition for abatement. Seconded
by Commissioner Masden, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - HALEY LAND COMPANY, LLC:
Mr. Sampson stated this parcel is approximately 80 acres,which was valued as vacant residential instead
of agricultural. He recommends approval. Commissioner Masden moved to approve said petition for
abatement. Seconded by Commissioner Jerke, the motion carried unanimously.
CONSIDER ACCEPTING PETITION FOR LOCAL IMPROVEMENT DISTRICT AND SET HEARING DATE
-WELD COUNTY ROAD 57: Lee Morrison,Assistant County Attorney, stated the petition is in the proper
form, and he reviewed the process for forming a Local Improvement Hearing. He stated there are three
separate public hearings, and at each hearing there is an opportunity for parties to express their views.
He also said Amendment One imposes an election, so if this District is approved administratively by the
Board, it would have to go to an election. Mr. Morrison indicated a document has been submitted,which
was signed by the Draper's indicating their desire to remove their names from the petition; however,there
are still enough signatures on the petition to represent fifty percent of the estimated cost of the District,
making the petition valid. He suggested the Clerk to the Board be directed to set the hearing date and
notify anyone present along with the notice which will be sent to property owners. Frank Hempen, Jr.,
Director of Public Works, stated his staff has worked with the petition carrier and the preliminary cost
estimate is $50,000.00, assuming all rights-of-way will be donated without cost. Responding to
Commissioner Geile, Mr. Hempen stated the 26-foot gravel road improvement will be to Weld County
Road 57, for a distance of three-fourths of a mile north of Weld County Road 20. He stated the existing
road is maintained privately and is not consistent with County standards. Mr. Hempen further stated the
intent is to have a 60-foot right-of-way, although one of the details they will look at is whether all 60 feet
is required. Responding to Chair Vaad, Mr. Morrison stated the petition has been officially presented,and
the full public hearing will be held at the preliminary hearing. Mr. Morrison suggested any public testimony
received today should be limited to the issue of setting the hearing, or to go on record as being in favor
Minutes, July 22, 2002 2002-1952
Page 2 BC0016
of or opposed to the District. Kathy Kovanda, stated she is against the District, and that she has had
several lawyers and a Judge in Adams County review the petition. They told her the petition is flawed,
the cost estimate is not correct, and not all residential property is represented. She said the Chief Justice
of Adams County stated it would not hold up to a court challenge. Ms. Kovanda furtherstated right-of-way
will not be given freely by everyone, which would increase the cost. Robert Sevier, stated part of the
required right-of-way would be taken from his property, and he is not willing to give it without
reimbursement; therefore, he is against the District. John Jervis, stated he is the individual who carried
the petition, and he stated the petition was carefully written. He stated they tried to be fair, assigning
more cost to those who would use the road most. He also stated this has been a goal of the residents
for approximately six years. He said he is shocked the Drapers have asked to be withdrawn, since they
were the earliest supporters of the District. Concerning rights-of-way, he stated research indicated the
residents of Section 14 would have to give 30 feet of right-of-way for the road, although the residents of
Section 15 were not required to do so, because of the the Denver Pacific Railroad held land prior to the
Resolution of 1889. Mr.Jervis stated a number of properties have been divided,with no accounting done
for access to these lots, and it needs to be corrected. He stated there are four 80-acre lots which were
subdivided, two of which were required to dedicate right-of-way, and two of which were not required to
dedicate right-of-way. Ken McMann stated he is against the District,since everyone moved there knowing
what the road was like. He stated he does not want to give up his property, although he does not have
a lot of livestock, he needs all 80 of his acres. He further stated the road was originally put there for oil
field traffic, and the benefit would be only to the few residents at the end of the road. Responding to
Commissioner Jerke, Mr. Morrison stated the petition must stand as it is as far as cost, since that was
presented as a maximum when the individuals signed it. If the improvements turn out to be more
expensive, they would have to redo the petition. However, there is flexibility in the role of the County
concerning whether to absorb some of the additional cost. Mr. Morrison stated the Board has discretion
in the size of the County participation. Commissioner Jerke moved to accept said petition and set the
hearing date as scheduled by the Clerk to the Board. The motion,which was seconded by Commissioner
Geile, carried unanimously.
CONSIDER SINGLE ENTRY POINT AGENCY CONTRACT AND AUTHORIZE CHAIR TO SIGN: Walt
Speckman, Director of Human Services,stated the term of said contract is July 1,2002,through June 30,
2003, and the total amount is $387,960. Commissioner Masden moved to approve said contract and
authorize the Chair to sign. Seconded by Commissioner Geile, the motion carried unanimously.
CONSIDER TEMPORARY ROAD CLOSURE OF WCR 55 BETWEEN WCRS 44 AND 46: Mr. Hempen
stated this road was closed on July 10, 2002, on an emergency basis, because of a missing roadway
section. It was repaired on July 16, 2002, and is now open. Commissioner Jerke moved to approve said
closure. The motion, which was seconded by Commissioner Geile, carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF
CHRISTIAN STREET, WEST OF CAROLINE AVENUE, IN THE TOWN OF WATTENBURG AND
AUTHORIZE CHAIR TO SIGN -ANTHONY AND ELIZABETH ESPINOSA: Commissioner Geile, stated
this is a driveway that has been used as a road for a long period of time; however, the owner of the
driveway now intends to install a fence, and this agreement would permit access to the other property.
Commissioner Geile moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Masden, the motion carried unanimously.
Minutes, July 22, 2002 2002-1952
Page 3 BC0016
CONSIDER RECOMMENDATION OF APPOINTMENTS TO JUVENILE SERVICES PLANNING
COMMITTEE:Commissioner Geile moved to recommend the appointment of Gloria Romansik,Stephanie
Hewitt, and Francie Murry, to the Juvenile Services Planning Committee; and to recommend changing
the appointment designation for Shannon Lyon from "representing the Public Defender's Office as a
community representative"to"community representative." Seconded by CommissionerJerke,the motion
carried unanimously.
CONSIDER QUIT CLAIM DEED AND AUTHORIZE CHAIR TO SIGN-KPLATTEVILLE, LLC: Mr. Morrison
stated the County acquired land for right-of-way; however,the Quit Claim Deed did not exclude dedication
of mineral rights, therefore, the County is being asked to relinquish any claim to all mineral rights for the
property adjacent to the road. Commissioner Geile moved to approve said Quit Claim Deed and authorize
the Chair to sign. Seconded by Commissioner Jerke, the motion carried unanimously.
PLANNING:
CONSIDER MOBILE HOME PERMIT, ZPMH #2313, FOR A MOBILE HOME TO BE USED AS A
TEMPORARY ACCESSORY TO THE FARM - JENNIFER AND RICHARD CROSS: Wendi Inloes,
Department of Planning Services,stated the owners of said property are Jennifer and Richard Cross,and
the applicant is Lynn Ross. She stated staff is recommending denial since the applicant has not shown
compliance with Section 23-4-170 of the Weld County Code, which requires the mobile home to be
occupied by persons principally employed at, or principally engaged in, the operation of the use where
the mobile home is located. Nor has she shown the mobile home is necessary for the effective and
economic operation of the use and/or protection of the agricultural use. Ms. Inloes stated the site is 80
acres, which are totally dry.
Richard Cross stated he has ten cows and seven pigs that are going to have babies, as well as chickens,
and he needs to have someone there to watch over the animals during the day,since he and his wife both
work. He said no one is currently living in the camper trailer, although he and his wife sometimes stay
in it at night. Responding to Commissioner Jerke, Jennifer Cross stated they live in the established
residence, and when Ms. Ross is there to watch the animals, she stays in the camper. Ms. Cross stated
they want to have twelve sows and have at least one pig fan-ow each month. She also raises pheasants
and exotic chickens, hatches the chicks, grows their own garden, and put up food. She stated they lost
several pigs, and last winter they lost a cow and calf because both were working. Responding to
Commissioner Geile, Ms. Cross stated Ms. Ross and her son will live there full time if the trailer is
approved and that Ms. Ross would be home full time, because she is handicapped and cannot work
outside of the home. Chair Vaad stated the Weld County Code requires the person living in the mobile
home to be principally employed by the operation in which the mobile home is located, and questioned
whether the applicant has objections to the recommendation by staff that a Recorded Exemption be
processed. Mr. Cross stated he is trying to keep as much ground as possible in agriculture. Responding
to Chair Vaad, Mr. Morrison stated the animal units would only be an issue if the lots were fenced off;
without fencing, the number of animal units would not change. In further discussion with the applicants,
Chair Vaad and Ms. Inloes explained the Recorded Exemption process does not necessarily divide the
property in half, 5 acres can be split off, which remains under their ownership. Mr. Morrison stated the
zoning would not change; however, for tax purposes, adding a home would reduce the amount of
agricultural land being assessed. Ms. Cross stated they were planning to place the mobile home as close
to the yard as possible to keep from reducing the amount of agricultural land. Commissioner Geile read
Section 23-4-170 of the Weld County Code, stating the mobile home will be occupied by persons
principally employed at, or principally engaged in, the operation of the use where the mobile home is
located and stated the Recorded Exemption process would establish a separate lot. Chair Vaad and Mr.
Minutes, July 22, 2002 2002-1952
Page 4 BC0016
Morrison further added that nothing is incumbent on the applicant to sell the parcel that is split off with a
Recorded Exemption,the applicant could lease,sell,or exchange it for value received,thus allowing more
choice in management of the property. Commissioner Jerke stated it merely gives the applicant another
asset, which can be held for whatever purpose desired. Ms. Ross, who would be living in the mobile
home, stated this is a great opportunity to raise her son in the country. She said he helps farrow, does
much of the work, and could pursue his dream of being a veterinarian. Ms. Ross stated she did
everything they were asked to do, and said they have spent money for a septic permit and for moving her
mobile home. She explained the operation is set up so the neighbors are not offended by the hogs, and
the property is kept clean.
John Cotrell stated he lives adjacent to the property on the north,and he feels the applicant has too many
animals for the amount of pasture available,and that they also runs a transmission shop on the property.
He said they have had several people stop at their house and ask where the transmission shop is. Mr.
Cotrell stated Ms. Ross'son is a nice kid, but he is opposed to this mobile home. He further stated each
time they have been asked to sign a petition, there was another twist to the story or different information
given. As for having someone there all the time, Mr. Cotrell stated there is always someone in the
transmission shop. Commissioner Geile explained they are entitled to four animal units per acre, as well
as 20 swine per acre. Mr. Cotrell responded there is not enough grass in that area, and questioned
whether,with the transmission shop, it is classified as agricultural or commercial. Mr. Morrison responded
a Use by Special Review Permit would be required, and the Zoning Ordinance allows the number of
animals whether or not good farming is practiced. He also stated the Zoning Compliance Officer will
investigate the transmission shop.
Beverly Schreck stated she lives west of the site and she has been living in a travel trailer while building
a residence. In the meantime, she stated, she is in the process of building an apartment over the garage
as a temporary residence, and she will have to go to the expense of removing the kitchen in the garage
apartment after construction of the residence is complete. Ms.Schreck stated most individuals in the area
purchased 80-acre or 160-acre parcels, and did not intend the neighborhood to be subdivided. She
stated she is in opposition, unless a special exemption is also given to her. Chair Vaad closed public
testimony. Commissioner Geile stated the applicant has not shown that the individuals who will live in the
trailer would be principally employed at, or principally engaged in, the operation of the use and that there
is the additional requirement that it would have to be proven annually; therefore, he moved to deny the
request of Jennifer and Richard Cross for a Mobile Home Permit, ZPMH#2313, for a mobile home to be
used as a temporary accessory to the farm. The motion,which was seconded by Commissioner Masden,
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, July 22, 2002 2002-1952
Page 5 BC0016
There being no further business, this meeting was adjourned at 10:10 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ►/ i i ,vl
�,,� i�l• Glenn Vaad, Chairs
Weld County Clerk to ,' B. dam; w
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'"N�� David E. ng, Pro-Tern
BY:
Deputy Clerk to the =Qafd/ J ;1'U 2 '
M. J. Geil 7 re�/�
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illiam H. Jerke n
Robert D. Masden
Minutes, July 22, 2002 2002-1952
Page 6 BC0016
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