HomeMy WebLinkAbout20022720.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
OCTOBER 7, 2002
TAPE #2002-34
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, October 7, 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, Carol A. Harding
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Long moved to approve the minutes of the Board of County Commissioners
meeting of October 2, 2002, as printed. Commissioner Masden seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Masden moved to approve the Certification of Hearing
conducted on October 2,2002, as follows: 1) Change of Zone#613 from the A(Agricultural)Zone District
to the PUD (Planned Unit Development) Zone District, Cattail Creek Group, LLC. Commissioner Geile
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 Masden seconded the motion, and it carried unanimously.
PUBLIC INPUT: There was no public input.
2002-2720
BC0016
•
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $1,546,455.98
Commissioner Masden moved to approve the warrants as presented by Mr.Warden. CommissionerJerke
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER APPLICATION FOR TAVERN LIQUOR LICENSE AND AUTHORIZE CHAIR TO SIGN -
BUSY, INC., DBA BORDERLINE: Bruce Barker, County Attorney, made this a matter of record and
reviewed the findings of Commissioner Long during his inspection on September 25,2002. Commissioner
Long stated this establishment will be similar to Dewey's in Stoneham, and he moved to approve said
application and authorize the Chair to sign. Seconded by Commissioner Masden, the motion carried
unanimously.
CONSIDER DECLARING CERTAIN REAL ESTATE AS SURPLUS PROPERTY, AUTHORIZE SALE OF
SAME TO FORT MORGAN SCHOOL DISTRICT RE-3 FOR MIGRANT HEAD START FACILITY, AND
AUTHORIZE CHAIR TO SIGN BILL OF SALE: Walt Speckman, Director of Human Services, stated this
is a rather unique situation because the property in Ft. Morgan, located next to the elementary school, is
no longer needed by the County. He stated only the building will be sold. Commissioner Jerke moved to
approve the draft resolution. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO WCR 15, ACCEPT TEMPORARY CONSTRUCTION EASEMENT AND DEED OF
DEDICATION, AND AUTHORIZE CHAIR TO SIGN - DANIEL VARRA: Drew Scheltinga, Department of
Public Works, stated this is for the Weld County Road 15 project, between Weld County Roads 72 and 74.
He stated this agreement includes the purchase of right-of-way for$5,485.00, replacement of 1,181 linear
feet of fence, and a temporary construction easement for$350.00. Responding to Commissioner Jerke,
Mr. Scheltinga stated this is near the project which was completed a year ago at Weld County Roads 15
and 74, and is basically a continuation of that project. Commissioner Geile moved to approve said
agreement and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried
unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF A
PORTION OF WCR 14 AND AUTHORIZE CHAIR TO SIGN - STEVE PASTELAK: Don Carroll,
Department of Public Works, stated this is a nonexclusive agreement resulting from a Recorded
Exemption. He stated the agreement is for the extension of Weld County 14, one-half mile west from the
end of the current maintained County road,to accommodate both Lots A and B. Mr. Carroll recommended
approval of said agreement. Responding to Commissioner Masden, Mr. Barker stated there have been
discussions about changing the access permit process; however, he is not sure whether Public Works is
ready to recommend changes to the Board. Commissioner Masden moved to approve said agreement
and authorize the Chair to sign. The motion, which was seconded by Commissioner Jerke, carried
unanimously.
CONSIDER REQUEST FROM NOXIOUS WEED CONTROL ADVISORY BOARD FOR INTEGRATED
WEED MANAGEMENT PLANS: Ron Broda, Department of Public Works, explained that pursuant to the
Noxious Weed Act, the Board is authorized to require certain landowners to submit Weed Management
Plans. Commissioner Long moved to approve said request. Seconded by Commissioner Geile,the motion
carried unanimously.
Minutes, October 7, 2002 2002-2720
Page 2 BC0016
CONSIDER ORGANIZATION OF TREASURER'S OFFICE AND APPOINTMENT OF COUNTY
TREASURER EFFECTIVE JANUARY 1, 2003: Mr. Warden stated with the amendment of Section 6-1 of
the Weld County Home Rule Charter by the voters last November,the Treasurer will become an appointed
position on January 1, 2003, instead of being an elected position. Following Board review and discussions
with staff, it is recommended the Treasurer's Department be placed under the Department of Finance and
Administration,and specifically,that the Controller assume the duties of the Treasurer on January 1,2003.
Mr. Warden stated this recommendation has been reviewed by the auditors, who concur with the
recommendation. He also stated it includes an Investment Advisory Committee consisting of the
Treasurer, Chief Deputy Treasurer, Director of Finance and Administration, and Chair and Chair Pro-Tem
of the Board of County Commissioners. Commissioner Jerke moved to approve said organization and
appointment of Claud Hanes, Weld County Controller, as Treasurer in addition to his current duties. The
motion, which was seconded by Commissioner Masden, carried unanimously.
CONSIDER DISTRIBUTION OF BANKHEAD-JONES FUNDS FOR 2002: Mr.Warden stated the next two
items of business are for the receipt of payment-in-lieu of taxes and grazing funds for Pawnee Grasslands.
He stated the County is required to spend the funds on schools and public roads; therefore, the County,
after the one percent lobbying fee is subtracted, has historically divided the revenue received fifty-fifty with
the school districts and Public Works. He explained the school district portions are divided based on
acreage. Mr.Warden stated the Bankhead-Jones funds are for grazing fees,and we received$25,749.79.
Responding to Commissioner Jerke, Mr. Warden stated the lobbying fee is paid to CCI by each county in
Colorado which has public lands. Commissioner Geile moved to approve said distribution. Seconded by
Commissioner Long, the motion carried unanimously.
CONSIDER DISTRIBUTION OF PAYMENT IN LIEU OF TAXES(PILT)FOR 2002: Mr.Warden stated the
County received $137,976.00. Commissioner Long moved to approve said distribution. Seconded by
Commissioner Masden, the motion carried unanimously.
PLANNING OLD BUSINESS:
CONSIDER MOBILE HOME PERMIT, ZPMH #2319 - MARY AND GORDON RUPERT (CON'T
FROM 9/23/2002):Wendi Inloes, Department of Planning Services, stated she received a phone call from
Mr. Rupert, and understands he is requesting another two-week continuation to allow a representative to
be present to help him. Mark Drury, Ore Land Company, stated he is representing Mr. Rupert, who has
a mobile home on his farm which is used like an accessory to the farm. Mr. Rupert's son lives in the
mobile home, and he assists with the farming operation. Mr. Drury stated on September 23, 2002, staff
denied the accessory to a farm use because the occupant is not principally employed on the farm;
however, both live on site and farm the property,as well as operate a private airstrip and mechanical repair
business. He stated the farm has been actively farmed since 1965 as a father/son combination. He stated
staff also stated the mobile home is not justified because only alfalfa is currently being grown, which does
not justify the permit. Responding to Chair Vaad, Mr. Rupert stated he does want to have this matter heard
today. Chair Vaad defined a Use by Special Review Permit to Mr. Rupert, who responded to
Commissioner Jerke that the airstrip and air service business are part of an active Use by Special Review
Permit. He presented a copy of a letter dated January 7, 1964, marked Exhibit B, stating there were no
restrictions from placing the private airstrip on the property. Ms. Inloes stated staff recommends denial
because the applicant has not shown evidence that the occupant of the mobile home will be principally
employed on the site; nor has he shown the mobile home is necessary for the effective and economic
operation of the agricultural use. She stated the option of a Recorded Exemption was given to the
applicant. Mr. Barker stated, according to Exhibit B, the airstrip was an acceptable use and could be
maintained as such. Responding to Commissioner Geile, Ms. Inloes stated the airstrip is on a portion of
the 120 acres. Responding further to Commissioner Jerke, Mr. Barker stated a Nonconforming Use is a
use prior to zoning, which was allowed at that time, and is usually acknowledged by staff. However, staff
may not have known about the airstrip,therefore, there is no Nonconforming Use on file. After discussion,
Minutes, October 7, 2002 2002-2720
Page 3 BC0016
Mr. Barker responded to Chair Vaad that the farm is the use that needs to be justified for an accessory to
the farm, and Mr. Drury stated it is a valid agricultural operation, with a mechanical business which
supports the agricultural use of the farm. Commissioner Jerke moved to deny the application of Mary and
Gordon Rupert for a Mobile Home to be used as a Temporary Accessory to the Farm, since the occupant
of the mobile home will not be principally employed on the site, and there is not enough justification to
warrant an additional mobile home on the site for farm use. He stated the Board has been very
conscientious about preventing the proliferation of mobile homes in the County, and a better legal method
would be to seek a permanent, legal Use by Special Review Permit for the airstrip and mechanical services
operation with a mobile home, which would make it a more viable, saleable property. Seconded by
Commissioner Long, the motion carried unanimously.
PLANNING NEW BUSINESS:
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL
FOR IMPROVEMENTS(PRIVATE ROAD MAINTENANCE)AND ACCEPT FORM OF COLLATERAL FOR
PLANNING UNIT DEVELOPMENT FINAL PLAN, PF#663, LATHAM VIEW ESTATES-MICHAEL SIGG
AND DAVID KEISER: Kim Ogle, Department of Planning Services, stated a Letter of Credit has been
received, in the amount of$40,000.00, as collateral for the Private Road Maintenance agreement being
presented. He stated transportation and non-transportation items have been included and Don Carroll,
Department of Public Works, also recommends approval. Commissioner Masden moved to approve said
agreement and accept the collateral for Latham View Estates. The motion, which was seconded by
Commissioner Jerke, carried unanimously.
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR PLANNED UNIT DEVELOPMENT
FINAL PLAN,S#422, RADEMACHER BUSINESS PARK-ZEEK PARTNERSHIP, LTD.: Mr. Barker stated
Zeek Partnership, Ltd., has completed all obligations under the improvements agreement, and is
requesting release of collateral. Commissioner Geile moved to approve the draft resolution. Seconded
by Commissioner Long, the motion carried unanimously.
CONSIDER MOBILE HOME PERMIT, ZPMH#2330-RAEANN SMITH: Ms. Inloes stated this request for
a Mobile Home to be used as a Temporary Use for an Accessory to the Farm is recommended for denial,
since the applicant has not shown evidence that the occupant of the mobile home will be principally
employed on the site, nor that the mobile home is necessary for the effective and economic operation of
the agricultural use. She stated the farm is not in a productive farming situation, there no animal units to
justify the request, and a Recorded Exemption or Use by Special Review Permit would better justify the
placement of a second home. Angela Conner, co-applicant, stated there are no animal units currently on
the farm,which is very dilapidated. She stated she plans to fix up the property and will have either horses,
or a small goat milking operation; however, it will not be her principal employment, especially during the
clean up and repair. Responding to Commissioner Jerke, Ms. Conner stated her family has owned the
property since 1971, and it is now owned by her aunt, her mother, and five other siblings. Responding to
Commissioner Jerke, Mr. Carroll stated Weld County Road 30 is a collector status road, which would
require 80 feet of right-of-way, although it is now 60 feet. He recommended use of the existing access.
Responding to Chair Vaad, Ms. Inloes stated a Recorded Exemption would be a better option to handle
this request; however, the aunt is apparently unwilling to agree to that process. Responding further to
Chair Vaad, Ms. Inloes stated this is not appropriate as a Temporary Use During Construction because
a home is not being built. She also responded to Commissioner Jerke that the applicant was required to
notify all other owners of the property, and all the owners did sign the application. Gwen Davis, mother
of Ms. Conner, stated there has been a mobile home on the property since 1976; however, the original
septic permit was granted on 320 acres. Ms. Inloes stated apparently there was a Special Use Permit for
a dairy cow operation, and the mobile home was part of that operation; however, in 1985 that permit was
vacated. Chair Vaad closed public testimony. Upon questioning by Commissioner Geile, Ms. Conner
stated she will not be working on the property full time, either with cattle or improving the facilities, and,
Minutes, October 7, 2002 2002-2720
Page 4 BC0016
although they would like to make it into a workable ranch with either horses or a goat dairy operation, it
would not provide full-time employment in the beginning. She agreed with Commissioner Geile that it
would be difficult to make it a full time agricultural operation with only 53 acres and no water rights.
Responding to Commissioner Long, Ms. Conner stated the mobile home was there for a number of years;
however, it burnt and has been removed. She also stated her parents live in the two-story brick residence
on the property. Responding to Commissioner Jerke, Ms. Conner stated no crops were grown on the
property this year, it was used for pasture, and there are no water rights attached to the property.
Commissioner Jerke moved to deny the request of RaeAnn Smith and Angela Conner for a Mobile Home
to be used as a Temporary Use for an Accessory to the Farm, because the small parcel does not justify
the occupant being employed full time on the farm, there is already a primary residence, and without water
it does not appear possible for the farm to support the occupants. He also stated he foresees tremendous
problems with the co-ownership in the future. The motion, which was seconded by Commissioner Long,
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.
There being no further business, this meeting was adjourned at 10:00 a.m.
BOARD OF COUNTY COMMISSIONERS
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E La Vaad, Chair��
Weld County Clerk to the .ar.
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BY:
Deputy Clerk to the Bo�` n •.n _ / •
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William H. Jerke
EXCUSED DATE OF APPROVAL
Robert D. Masden
Minutes, October 7, 2002 2002-2720
Page 5 BC0016
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