HomeMy WebLinkAbout20020734.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MARCH 25, 2002
TAPE#2002-11
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, March 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 - EXCUSED
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 March 20, 2002, as printed. Commissioner Long seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Geile moved to approve the Certification of Hearings
conducted on March 20, 2002, as follows: 1) A Site Specific Development Plan and Use by Special
Review Permit#1365, Jose and Beneranda Marquez; and 2)A Site Specific Development Plan and Use
by Special Review Permit #1366, Shawn and Stacey Greathouse. Commissioner Jerke 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 Jerke 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 $410,296.19
Commissioner Jerke moved to approve the warrants as presented by Mr. Warden. Commissioner Geile
seconded the motion, which carried unanimously.
2002-0734
BC0016
NEW BUSINESS:
CONSIDER RENEWAL APPLICATION FOR TAVERN LIQUOR LICENSE AND AUTHORIZE CHAIR TO
SIGN - BEARS SPORTS SALOON, INC., DBA BEARS SPORTS SALOON: Bruce Barker, County
Attorney, stated the Sheriff's Office has expressed no concerns and he recommends approval.
Commissioner Geile moved to approve said application and authorize the Chair to sign. Seconded by
Commissioner Long, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - STUEHM FARM AND FEEDLOT,
INC., C/O DENNIS STUEHM: Duane Robson, Assessor's Office, stated the asset was sold to another
business in October 2000, and recorded by the new owner. Mr. Robson stated the first account was not
deleted and he recommends approval of this petition. Commissioner Jerke moved to approve said petition
and authorize the Chair to sign. The motion, which was seconded by Commissioner Geile, carried
unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF A
PORTION OF WELD COUNTY ROAD 37 AND AUTHORIZE CHAIR TO SIGN - KERR-MCGEE
GATHERING, LLC: Don Carroll, Department of Public Works, stated he requested this replacement to
reflect new ownership. He stated Kerr-McGee purchased the property from HS Resources and assumed
responsibility for maintaining 60 feet of right-of-way on Weld County Road 37 for one mile north of Weld
County Road 32. Responding to Commissioner Geile, Mr. Carroll reiterated Kerr-McGee has applied for
an amendment to the existing Use by Special Review Permit; however, that amendment should not affect
the amount of traffic using the road. Commissioner Geile moved to approve said agreement and authorize
the Chair to sign. The motion was seconded by Commissioner Long, and it carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF A
PORTION OF WELD COUNTY ROAD 25 AND AUTHORIZE CHAIR TO SIGN - SPENCER AND
SHANNON ALVORD: Mr.Carroll stated this agreement is being required as part of a Recorded Exemption.
He explained Spencer and Shannon Alvord will be responsible for upgrading and maintaining 60 feet of
right-of-way on Weld County Road 25, for a distance of one-half mile north of Weld County Road 90 to
obtain access to their property. Commissioner Long moved to approve said agreement and authorize the
Chair to sign. Seconded by Commissioner Jerke, the motion carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF A
PORTION OF WELD COUNTY ROAD 92 AND AUTHORIZE CHAIR TO SIGN - DONALD AND SANDIE
HALL: Mr. Carroll stated under this agreement Donald and Sandie Hall will upgrade and maintain one mile
of Weld County Road 92 between Sections 17 and 20. He stated there is 60 feet of right-of-way which
serves a three-lot Recorded Exemption. Responding to Commissioner Geile, Mr. Carroll stated the three
lots have access, and a Subdivision Exemption was also approved to split off an existing home.
Commissioner Long moved to approve said agreement and authorize the Chair to sign. The motion,which
was seconded by Commissioner Geile, carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF A
PORTION OF WELD COUNTY ROAD 10 AND AUTHORIZE CHAIR TO SIGN - KAO AND MAO
XIONG/PAO AND MAY ZOUA LEE: Mr. Carroll stated Recorded Exemption#3207 was approved and this
agreement will allow the property owners access along 30 feet of right-of-way north of the section line
between Sections 15 and 10, for a distance of one-half mile east of Weld County Road 19. Responding
to Commissioner Jerke, Mr. Carroll stated he has visited the site, Kerr Mc-Gee owns property to the south
which has a definite fence line along the right-of-way. He stated the road currently exists, the adjacent
land owners have no concerns, and he is convinced the road is in the right location. In response to
Commissioner Geile, Mr. Carroll stated under this type of agreement the applicant will assume full
Minutes, March 25, 2002 2002-0734
Page 2 BC0016
maintenance responsibilities. Commissioner Geile moved to approve said agreement and authorize the
Chair to sign. Commissioner Jerke seconded the motion, which carried unanimously.
CONSIDER INTERGOVERNMENTAL AGREEMENT AND QUIT CLAIM DEED FOR THE TRANSFER OF
PORTIONS OF WELD COUNTY ROADS 19 AND 42, ASSUMPTION OF MAINTENANCE AND
ANNEXATION THEREOF, TO AND BY THE TOWN OF MILLIKEN, AND AUTHORIZE CHAIR TO SIGN
NECESSARY DOCUMENTS: Mr. Barker stated the Town of Milliken annexed portions of Weld County
Roads 19 and 42 through the Somerset Ridge Estates, 2nd Addition Annexation; however, there was an
error and only half of the right-of-way was obtained. He stated the Town has requested the Board sign
a Quit Claim Deed for the remaining right-of-way so they can petition for annexation. In response to
Commissioner Geile, Mr. Barker stated this was just a mistake and this document will resolve the situation.
Responding to Commissioner Jerke, Mr. Barker stated annexation of this right-of-way will connect to roads
the Town has already annexed. Commissioner Jerke moved to approve said Intergovernmental
Agreement and Quit Claim Deed and authorize the Chair to sign all necessary documents. The motion
was seconded by Commissioner Long, and it carried unanimously.
CONSIDER INTERGOVERNMENTAL AGREEMENT AND QUIT CLAIM DEED FOR THE TRANSFER OF
A PORTION OF WELD COUNTY ROAD 1, ASSUMPTION OF MAINTENANCE AND ANNEXATION
THEREOF,TO AND BY THE TOWN OF BERTHOUD,AND AUTHORIZE CHAIR TO SIGN NECESSARY
DOCUMENTS: Mr. Barker stated the Town of Berthoud is annexing its waste transfer and waste water
treatment facilities. He stated they have requested the Board to Quit Claim Deed Weld County Road 1
south from Highway 56 to Weld County Road 42 so they can proceed with a petition for annexation and
obtain access to the facilities. He stated half of the right-of-way belongs to Larimer County, so Weld
County can only deed 30 feet of the existing right-of-way. In response to Commissioner Geile, Chair Vaad
stated Weld County Road 1 is paved, and Mr. Barker stated Berthoud will assume complete maintenance
of that portion of roadway. Commissioner Jerke moved to approve said Intergovernmental Agreement and
Quit Claim Deed and authorize the Chair to sign all necessary documents. The motion was seconded by
Commissioner Geile, and it carried unanimously.
FINAL READING OF CODE ORDINANCE #2002-1, IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, WELD COUNTY CHARTER SECTION, CHAPTER 2
ADMINISTRATION, CHAPTER 5 REVENUE AND FINANCE, CHAPTER 8 PUBLIC WORKS, AND
APPENDICES 5-A,5-D,5-I,5-G,AND 8-D,OF THE WELD COUNTY CODE: Commissioner Geile moved
to read Code Ordinance #2002-1 by title only. Commissioner Long seconded the motion, which carried
unanimously. Mr. Barker read said title for the record. Mr. Warden reviewed the various changes which
were previously approved by the Board in the two earlier readings. No public testimony was offered
concerning this matter. Commissioner Geile moved to approve Code Ordinance#2002-1 on final reading.
Commissioner Long seconded the motion, which carried unanimously. Mr. Barker stated the title needs
to be corrected to include Appendix 8-D. Commissioners Geile and Long amended their motion to include
Appendix 8-D, and the motion carried unanimously.
PLANNING:
CONSIDER REQUEST FROM OLSON BROS., LLC, TO PRE-ADVERTISE CHANGE OF ZONE #570:
Chris Gathman, Department of Planning Services, stated the applicant for Change of Zone #570 has
requested the notice be pre-advertised to schedule a hearing on April 24, 2002, at 10:00 a.m. Mr.
Gathman stated this case was continued by the Planning Commissioner to April 2,2002,to allow additional
time to receive referrals. He further stated all of the referrals have now been submitted and staff supports
this request. Responding to Commissioner Geile, Mr. Gathman stated the hearing process was further
delayed due to a heavy case load before the Planning Commission, in addition to a lack of referral
responses which delayed staff's recommendation. Mr.Gathman stated the comments from the Fire District
were received and did not have any negative influence on the recommendation, therefore, he will be
Minutes, March 25, 2002 2002-0734
Page 3 BC0016
recommending approval of the case. Todd Hodges,Todd Hodges Design, LLC,was present to represent
the applicant and answer any questions from the Board. Commissioner Geile moved to approve said
request from Olson Bros., LLC, for pre-advertisement of Change of Zone #570, with the hearing date
scheduled for Wednesday,April 24,2002,at 10:00 a.m. Commissioner Jerke seconded the motion,which
carried unanimously.
CONSIDER REVIEW OF CONDITION OF APPROVAL #2.A FOR RECORDED EXEMPTION #3166 -
SCOTT AND NANCY VERMILYEA,C/O MARK DROUHARD: Kim Ogle,Department of Planning Services,
stated this land is considered prime, with water rights and no improvements on Lot B. Mr. Ogle gave a
brief summary of the land transactions and planning applications for the property. He stated the
Department of Planning Services requires building envelopes on parcels designated as prime or irrigated,
and this parcel is both. He further stated staff administratively approved Recorded Exemption #3166,
which included Condition of Approval#2.A requiring the designation of building envelopes. Mr.Ogle stated
there is an airstrip which aligns with the proposed building envelopes and staff requests Condition #2.A
remain and the applicants' request be denied. In response to Commissioner Geile, Mr. Ogle stated Crop
Air, Inc., uses flight patterns which cross over both proposed building envelopes, and he clarified there are
currently building envelopes on the remaining three corners of the property. In response to Commissioner
Jerke, Mr. Ogle stated the proposed building envelope sites are three to five acres in size and owned by
the applicants. He further stated they do not own Lot A of Recorded Exemption #343, and there is no
access along the southern property line.
Mark Drouhard, Orr Land Company, represented the applicants and stated in April 2000,the previous land
owner was denied their request to eliminate the requirement for building envelopes. Subsequently they
designated the northern envelopes; however, they are not suitable because one is restricted with a feed
lot and the other is the lowest point on the farm and is very prime farm land. He stated the proposed sites
are on least productive land and there is an existing access on the south used by other houses to the
south. He stated the Department of Public Works has requested the applicants share the use of that
access.
Scott Vermilyea, current owner, stated he purchased the property a year ago, and he indicated the
locations of well heads and a concrete ditch along the northwest corner which will further hinder use of the
existing building envelopes. Mr. Vermilyea further stated the building envelope on the northwest corner
of the property would be adjacent to the intersection of Weld County Roads 43 and 74, which is a busy
corner. He stated he has discussed the proposal with the Eaton Fire Chief, as well as the owner of the
airstrip. He further stated the crop duster company agreed not to fly over the house and instead angle their
flight pattern to the northwest, and he submitted a map, marked Exhibit A, indicating the existing access.
Mr. Vermilyea stated he has applied for an additional 30-foot easement to access the proposed building
envelopes,and the proposed sites are most logical. He stated Recorded Exemption#3166 was approved
by staff and the issue of building permits did not come up until he was ready to record the plat.
Commissioner Long stated at the request of the applicant he did visit the site and he concurs with the
applicants description of the drainage flow and other surrounding uses. In response to Commissioner
Jerke, Mr. Vermilyea stated he is proposing to use a shared 40-foot access from Weld County Road 43,
along the southern boundary of the property, which will be shown on the plat. Responding further to
CommissionerJerke, Mr. Drouhard and Mr.Vermilyea both agreed the building envelopes can be rounded
so they do not overlap the irrigation sprinkler path. In response to Commissioner Geile, Mr. Vermilyea
stated he has closed on the property and there is adequate access, and Recorded exemption#3166 was
approved following his purchase of the property.
Minutes, March 25, 2002 2002-0734
Page 4 BC0016
No public testimony was offered concerning this matter. In response to Mr. Barker, Mr. Ogle stated the
plat has not been recorded. Mr. Barker stated because the plat is not recorded, technically the Board
should consider whether to approve or deny this request and determine whether Condition#2.A is included
or removed. Mr. Ogle stated staff recommends Recorded Exemption #3166 be approved with all of the
Conditions, including Condition#2.A. Mr. Drouhard stated the envelopes in the north are not feasible and
were placed by staff after the Board's previous decision to require building envelopes. He requested the
building envelopes be relocated to eliminate the northern envelopes. Chair Vaad commented, at the
previous hearing the Board did not agree with allowing a building envelope in the center of the pivot
sprinkler; however,they also discussed the fact that the northern corners were already utilized by a feedlot
and well-irrigated land. Mr. Ogle clarified the building envelopes were selected by the previous owner.
Commissioner Jerke moved to approve Recorded Exemption #3166 for Scott and Nancy Vermilyea with
all of the Conditions of Approval as recommended by staff, and to allow for the placement of building
envelopes as proposed by the current owner, with a recorded easement shown on the plat for access.
Commissioner Long seconded the motion, which carried unanimously.
CONSIDER 2ND AMENDED RECORDED EXEMPTION #2044 - ROBERT AND JANE MILLER: Chair
Vaad advised Robert Kreps, applicants' representative, that the applicants have the option of continuing
this matter to a date when the full board will be present. However, if he decides to proceed today, it will
require three affirmative votes, or in the case of a tie vote, Commissioner Masden will listen to the record
and make the determining vote. Mr. Kreps indicated they would like to proceed today. Sheri Lockman,
Department of Planning Services,gave a brief description of the location of the site and surrounding uses.
She stated the original application for a Recorded Exemption did not reflect the two existing homes,which
use a shared well. She stated in February 2000, the applicants also submitted an application for
Subdivision Exemption #816 to separate the two houses. She stated staff recommends denial of this
request because it will create an additional buildable lot and evade the intent of the Subdivision Ordinance.
In response to Commissioner Jerke, Ms. Lockman stated the houses are currently served by one driveway
and a shared well.
Mr. Kreps explained this is a typical family farmstead with two houses on the same yard. He reiterated
they share a driveway and domestic well, and due to health reasons the applicants would like to sell the
farmland, retain the homes, and retire. He stated they have auctioned the farm equipment; however, the
property has been listed for a year and has been difficult to sell to separate owners due to the
configuration. He stated the houses are small, and most of the potential buyers would need to build an
addition; however, there is not adequate room because the houses are so close. He further stated they
have contacted the North Weld Water District to determine if a domestic water tap would be available. He
stated the line would have to be extended one-half mile from Weld County Road 45 and the total cost is
too much. He stated approval of this request will improve the current configuration, allow for the sale of
the farmland, and he does not feel this will create a new buildable lot because the potential buyer intends
to continue farming the remaining land. He further stated, if approved, the Department of Planning
Services will require the designation of a building envelope on Lot C; however, he would prefer not to
locate one because it will be owned by someone else and they may not agree with the location. Mr. Kreps
stated sale of the land is contingent upon approval of this request because the potential buyer does not
want any improvements on his land. Responding to Commissioner Jerke, Scott Miller, applicants' son,
stated the eastern house is approximately 1,300 square feet, and he submitted an aerial photograph of
the home site, marked Exhibit A. He indicated the location of the well, which is situated between the two
homes. Responding to Commissioner Jerke, Mr. Kreps stated the applicants would also be agreeable to
including the entire southwest corner to eliminate any uneven configurations.
Ms. Lockman explained if the two homes are combined onto one parcel, Lot C will become a buildable lot.
Mr. Barker stated approval of this request is contrary to the rules established for processing and reviewing
a Recorded Exemption.
Minutes, March 25, 2002 2002-0734
Page 5 BC0016
Jane Miller, applicant, stated she lives in the east house where her husband grew up as a child. She
explained they would like to sell the farm but retain the houses and Subdivision Exemption parcel where
they will live after retirement. She stated they have been unsuccessful selling the houses separately, and
she requested the Board grant a variance in this situation. Chair Vaad commented by granting this
request, the lot lines will be readjusted so the two houses are combined onto one legal parcel; however,
there have been no physical changes. He further stated if Lot C becomes a new buildable lot, the future
owner may still be limited in obtaining water or sewer service.
Commissioner Jerke moved to approve the request of Robert and Jane Miller for Recorded Exemption
#2044, with the Conditions of Approval as recommended by staff. Commissioner Long seconded the
motion, which carried unanimously.
CONSIDER AMENDED SUBDIVISION EXEMPTION#816 - ROBERT AND JANE MILLER: Based on the
discussion in the previous item of business, Commissioner Jerke moved to approve the request of Robert
and Jane Miller for Subdivision Exemption#816,with the Conditions of Approval as recommended by staff.
Commissioner Long seconded the motion, which carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. Code Ordinance #2002-1 was approved on final reading.
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 10:40 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COLORADO
ATTEST:
Vaad, Chair
Weld County Clerk to the Board
BY. Eat
David E. g, Pro-Tem
Deputy Clerk to the Board / '/',j,
. Gei e
William H. Jerke
EXCUSED
Robert D. Masden
Minutes, March 25, 2002 2002-0734
Page 6 BC0016
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