HomeMy WebLinkAbout20020749.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MARCH 27, 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 27, 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 March 25, 2002, as printed. Commissioner Masden seconded the motion, and it carried
unanimously.
ADDITIONS TO AGENDA: Add Code Ordinance #2002-5 under READ ORDINANCE BY TAPE, and
Amend Item#6 Under NEW BUSINESS to read as follows: Emergency Code Ordinance#2002-5, In the
Matter of Repealing and Reenacting, with Amendments to Appendix 19-H Urban Growth Boundary Map
Attached to Coordinated Planning Agreement with the Town of Mead, of the Weld County Code. Chair
Vaad stated he will also reverse the order of the Planning Section of the agenda.
READ ORDINANCE BY TAPE: Commissioner Long moved to read Code Ordinances#2002-3, #2002-4,
and #2002-5 by tape. The motion, which was seconded by Commissioner Geile, carried unanimously.
CONSENT AGENDA: Commissioner Long moved to approve the consent agenda as printed.
Commissioner Geile seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
PUBLIC INPUT: There was no public input.
2002-0749
BC0016
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $713,768.81
Electronic Transfers -All Funds $2,376,796.91
Commissioner Geile moved to approve the warrants as presented by Mr.Warden. Commissioner Masden
seconded the motion, which carried unanimously.
BIDS:
PRESENT ENGINEERING SERVICES FOR WCR#15 BIDS-DEPARTMENT OF PUBLIC WORKS: Mr.
Warden read the names of five vendors who submitted bids. Said bid will be considered for approval on
April 10, 2002.
PRESENT FUEL- UNLEADED, DIESEL,AND PROPANE BIDS FOR 2002: Mr. Warden read the names
of two vendors who submitted bids. Said bid will be considered for approval on April 10, 2002.
APPROVE 2002 SLURRY SEAL PROJECT BID - DEPARTMENT OF PUBLIC WORKS: Mr. Warden
stated the Department of Public Works recommends approval of the low bid from Quality Resurfacing
Company, in the amount of $813,500.36. Commissioner Geile moved to approve said bid as
recommended by staff. Commissioner Long seconded the motion, which carried unanimously.
APPROVE MOW-HERBICIDAL BID - DEPARTMENT OF PUBLIC WORKS: Mr. Warden stated the
Department of Public Works recommends approval of the low bid in each of four regions, with authority
to purchase from the second lowest bid in each region when time of spraying is imperative. Commissioner
Geile moved to approve said bid as recommended by staff. Commissioner Masden seconded the motion,
which carried unanimously.
APPROVE 2002 STEEL BID-DEPARTMENT OF PUBLIC WORKS: Mr. Warden stated the Department
of Public Works recommends approval of the low bid for each item listed on the bid. Mr. Warden read the
names of the recommended bidder for each item. Commissioner Geile moved to approve said bid as
recommended by staff. Commissioner Jerke seconded the motion, which carried unanimously.
APPROVE CATTLE GUARDS BID - DEPARTMENT OF PUBLIC WORKS: Mr. Warden stated the
Department of Public Works recommends approval of the sole bid from Big R Manufacturing, in the
amount of$50,200.00. Responding to Chair Vaad, Mr. Warden stated this year's price of$6,275.00 per
guard compares to $6,100.00 last year. He also assured Commissioner Jerke that the costs are shared
with private landowners when appropriate. Commissioner Long moved to approve said bid as
recommended by staff. Commissioner Jerke seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER CONSULTANT AGREEMENT AND AUTHORIZE CHAIR TO SIGN - KATHI TAYLOR: Walt
Speckman, Director of Human Services, stated this is a contract for Kathi Taylor for nursing services in
both Grand Junction and Olathe. Commissioner Masden moved to approve said agreement and authorize
the Chair to sign. Seconded by Commissioner Jerke, the motion carried unanimously.
CONSIDER FOUR PURCHASE OF SERVICE AGREEMENTS WITH VARIOUS PROVIDERS AND
AUTHORIZE CHAIR TO SIGN: Mr. Speckman stated there are two agreements for dental screening for
Migrant Head Start children in Grand Junction and Olathe. Commissioner Long moved to approve said
agreements and authorize the Chair to sign. The motion was seconded by Commissioner Geile, and it
Minutes, March 27, 2002 2002-0749
Page 2 BC0016
carried unanimously. Mr. Speckman stated there are also two agreements for pharmaceuticals and
supplies in Grand Junction and Olathe. Chair Vaad stated all were approved with the previous motion.
CONSIDER PURCHASE OF SERVICE AGREEMENT AND AUTHORIZE CHAIR TO SIGN-CENTENNIAL
BOARD OF COOPERATIVE EDUCATIONAL SERVICES(BOCES): Mr.Speckman stated this agreement
is for the regular Head Start program, providing on-going care to twelve special needs children.
Commissioner Masden moved to approve said agreement and authorize the Chair to sign. The motion,
which was seconded by Commissioner Long, carried unanimously.
CONSIDER AGREEMENT FOR CONVEYANCE OF EASEMENT CONCERNING AN EASEMENT FOR
CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 65, ACCEPT GRANT OF EASEMENT, AND
AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS-KENNETH AND SANDRA JOHNSON: Leon
Sievers, Department of Public Works, stated this agreement is necessary for the Weld County Road 65
project from Weld County Road 8 to Highway 50. Commissioner Geile moved to approve said agreement,
accept said Grant of Easement, and authorize the Chair to sign. Commissioner Masden seconded the
motion, which carried unanimously.
CONSIDER AGREEMENT FOR ACCESS TO CLERK TO THE BOARD DATA BASE AND AUTHORIZE
CHAIR TO SIGN - GREELEY DAILY TRIBUNE: Mr. Barker stated this is for direct access to the Clerk to
the Board data base, and the Tribune will pay the requisite fee and provide any necessary hardware.
Commissioner Geile moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Long, the motion carried unanimously.
EMERGENCY CODE ORDINANCE #2002-5, IN THE MATTER OF REPEALING AND REENACTING,
WITH AMENDMENTS TO APPENDIX 19-H URBAN GROWTH BOUNDARY MAP ATTACHED TO
COORDINATED PLANNING AGREEMENT WITH THE TOWN OF MEAD, OF THE WELD COUNTY
CODE: Mr. Barker stated Weld County has an agreement with the Town of Mead for Coordinated
Planning which was enacted in May of 2000. He explained amendment to the Urban Growth Area can go
through the same process as was used when the agreement was adopted or, in certain conditions, the
map itself can be changed by resolution of the Town concurred in by the County. In this case, a variety
of property owners have asked for their properties to be included in the Urban Growth Area, and each
property is either next to one that is currently within the area or adjacent to one that is included with this
Ordinance. Mr. Barker stated he has asked individuals to consent to inclusion in the Urban Growth Area;
however, two property owners, Lillian Markoff and Daniel and Sharon Robson, were not contracted. He
stated half of the Markoff property is already included, and Robson's property is about 4.7 acres in size,
so it is already a single family dwelling and would not be affected by this inclusion. Mr. Barker stated the
property owners were contacted by Certified Mail and regular mail. He explained this is included as a Code
Ordinance, so this action can be included in the next Supplement of the Weld County Code. He stated
five property owners originally did not provide consent; however, he did contact the owners and, as of
today, he has not heard back to any of them. Mr. Barker stated the attached map does not include the Kai
properties, since they have asked to be excluded. Responding to Commissioner Geile, Mr. Barker stated
the Town does need to provide sewer and water to these areas if this Ordinance is approved. Mr. Barker
also replied to a question from Commissioner Jerke stated that a larger proposal by Mead was recently
discussed in a work session; however, it was decided to go ahead and take care of the property owners
who wanted to be included in the area as soon as possible, and it may be necessary to amend the map
again after Mead decides upon the larger area. Chair Vaad stated he met with Mead officials and
representatives of the other properties, along with Mr. Barker and Monica Mika, and Mead does intend to
come back later with an expanded version of the Urban Growth Area. Responding to Commissioner Jerke,
Mr. Barker stated it only requires one step because consent was received from the majority of the
landowners, and notice was sent to all those from whom we did not receive consent. He also stated no
notice was given to Longmont or Firestone because all the inclusions are on the east side, and one has
Minutes, March 27, 2002 2002-0749
Page 3 BC0016
already been annexed. Merlin Maas, stated he and several neighboring farmers have property for sale,
which have a real propensity of many subdivisions,which is probably not the way to go. He stated this will
help with streets and infrastructure. He said they approached Mead and asked for inclusion.
Commissioner Geile moved to approve Code Ordinance#2002-5 on an emergency basis. Commissioner
Jerke seconded the motion, which carried unanimously.
FIRST READING OF CODE ORDINANCE #2002-3, IN THE MATTER OF AMENDING THE WELD
COUNTY CODE, SPECIFICALLY, THE ADDITION OF ARTICLE V SANITARY STANDARDS FOR JAIL
FACILITIES, TO CHAPTER 17 PUBLIC PLACES: Mr. Barker stated this is an amendment to the Weld
County Code to include sanitary standards for jail facilities. He said the State of Colorado, by statute,
delegated to the Department of Public Health and Environment the ability to set standards for correctional
facilities; however, a local entity has the ability to adopt its own. Responding to Commissioner Jerke, Mr.
Barker stated jail standards are not currently in the Code; however, if we do not adopt our own, we have
to abide by State standards, which are more restrictive. Rick Dill, Sheriff's Office, stated the proposed
standards are with the cooperation of the Department of Public Health and Environment, and are more
general instead of being too specific, allowing more local control which is more appropriate for the size of
the Weld County Correction Facility. He stated the State statutes did not give us much flexibility, since
they have to apply to jails of all sizes. Responding to Commissioner Masden, Mr. Dill stated it actually
would reduce some expenses, instead of increasing, since complying with state requirements,specifically
for reconstruction, costs more. Responding to Commissioner Long, Mr. Dill stated he does not see any
repercussions, and he is more concerned that State standards, which are very high, may subject us to
liability by not providing everything required for inmates. Responding to Commissioner Jerke, Mr. Dill
stated his department worked in collaboration with the Department of Public Health and Environment, and
also consulted the American Correctional Association Standards, National Institute of Corrections
Standards, and the National Commission of Health Care Standards. No public testimony was given.
Commissioner Jerke moved to approve Code Ordinance #2002-3 on first reading. Commissioner Long
seconded the motion, which carried unanimously.
PLANNING:
FIRST READING OF CODE ORDINANCE #2002-4, IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 22 COMPREHENSIVE PLAN AND CHAPTER 26
MIXED USE DEVELOPMENT, OF THE WELD COUNTY CODE: Robert Anderson, Department of
Planning Services, stated two applications were received to amend the Structural Land Use Plan Map 2.1
of the Weld County Comprehensive Plan, and he would like to postpone his formal presentation to the
second reading. Responding to Commissioners Geile and Jerke, Mr. Anderson stated the applicants are
requesting an inclusion of property in the Mixed Use Development Area and that the applications were
received in 2001, so are being processed under the current Comprehensive Plan, since approval for the
revision to the Comprehensive Plan is pending. He stated the proposed plan will allow the same procedure
for amendment as the current plan, and these applications fall under the old fee structure.
Tom Haren,AgPro Environmental Services, represented the applicant and stated the plan is to coordinate
with the Mead Coordinated Planning Agreement and annex into the Town of Mead, as well as include
these properties into the Mixed Use Development Area. He said the next step is to apply to Mead for
annexation, and a previous application process to do so was interrupted; however, the applicants do plan
to go back with a more detailed annexation plan. No public testimony was given. Commissioner Geile
moved to approve Code Ordinance#2002-4 on first reading. Commissioner Masden seconded the motion,
which carried unanimously.
CONSIDER VI #0200052 - INTERMOUNTAIN MOBILE HOME SERVICES, C/O TRENTON PARKER:
Trudy Halsey, Department of Planning Services, presented the case report for the record and stated the
property is in violation of Sections 23-3-20, 23-3-20.1, 23-3-20.P, 29-3-10, 23-3-40, 29-3-70, 29-3-100,
Minutes, March 27, 2002 2002-0749
Page 4 BC0016
29-3-120, and 29-7-10 of the Weld County Code. She stated the property is zoned Agricultural and is
identified as Lot B of Amended Recorded Exemption#704, also known as part of the NW 1/4 of Section 24,
Township 1 North, Range 66 West of the 6th P.M., and is approximately 118 acres. She stated staff
received the initial complaint, as well as many others, on March 14, 2002, and inspected the property.
Staff found 13 illegal mobile homes on the site as well as other miscellaneous debris. Ms. Halsey stated
on March 22, 2002, a letter was hand delivered to Trenton Parker indicating the violation case had been
scheduled before the Board of County Commissioners at this time. She stated that, upon consultation with
the County Attorney's office, staff wishes to include in this violation an additional property in the Northwest
portion of the unincorporated Town of Roggen, which has 15 illegal mobile homes placed on it. The
second property is zoned commercial, C-3. Ms. Halsey recommended the case be forwarded to the
County Attorney's Office for immediate action due to the number of calls and letters received regarding
said violation, and noted the mobile homes and debris have accumulated since the night of March 13,
2002. She met with Mr. Parker March 14, 2002, and told him the use was not allowed; however, he is still
accumulating the debris. Chair Vaad asked to view the video Ms. Halsey prepared on March 26, 2002.
Responding to Commissioner Geile, Ms. Halsey stated she did meet with Mr. Parker on-site when he was
first bringing mobile homes onto the property. He said he plans to turn them into horse stalls and hay
storage units,which she told him was not an allowed use. Responding further to Commissioner Geile, Ms.
Halsey stated his response was that he can do as he pleases, and, in her opinion he is living on the
property. She said the property owner said he has no legal right to be on the property, and she is totally
against him being there.
Trenton Parker stated he resides at Costea Rancho in Costea County, New Mexico, and he will make a
comment and then leave. He stated Intermountain Mobile Home Services does not own any of the
property,the contractor owns it. He said Intermountain Mobile Home Services is a full service development
company for manufactured housing, and was contracted by Land Home Development Corporation,which
purchased a 50 percent undivided interest in the subject property from Nicole Thomas' sister. The
equipment and supplies moved onto the property are all on mobile trailers; there are no abandoned
vehicles, trash or debris, on the property. He further stated there are three mobile homes which should
not be there,which were dropped in transit in order for the drivers to move in the portable horse stalls. The
intention was to haul them to Roggen. At Roggen there are eight acres, which were leased from Ty
Jackson,approximately March 15, 2002. Mr. Parker stated information on the lease indicates it is suitable
for storage and has been properly zoned. Based upon the lease, homes which have been purchased for
the purpose of moving to Costea, New Mexico, were moved to that location for the purpose of doing the
insurance and restoration work before they are moved. In regards to the property on Weld County Road 8,
Intermountain Mobile Home Services only received this notice 48 hours ago. Mr. Parker stated the 13
units being referred to as mobile homes are better described as one unit which has two Tuff Sheds sitting
on top of it full of tools, and one unit which is a construction trailer on-site. All the equipment that is on-site
is portable, all are road-worthy, not derelict, and consist of various types of construction equipment. He
stated there is also one camper trailer, which is to house the on-site guard. Mr. Parker stated notice was
given to Ms. Thomas that Westwood USA, which owns one of the top five Russian Arabian herds in the
world, all of which are registered with the International Arabian Association, was being brought out to this
property as a breeding facility. He stated the value of the herd is estimated at approximately$2.5 million
dollars and further stated the facilities were supposed to be prepared so that these horses could be placed
there. Mr. Parker also said Worldwide Trading Exchange is in the process of selling breeding rights on this
particular herd and he named a number of horses in the herd. He said Ms. Thomas had three geldings
running free when the herd was placed there, and brought in additional geldings and deliberately, willfully
and intentionally turned them loose among the stallions and the mares,and last Monday a blood-bath took
place. Mr. Parker said the three mobile homes should not be there; however, a restraining order was
issued last Monday, although his attorney negotiated a release of the restraining order. He said on
Monday at approximately 10:00 a.m., he was preparing the three mobile homes to be moved to Roggen,
when Ms. Halsey conspired with Ms. Thomas to have him arrested. Mr. Parker indicated that he spoke
Minutes, March 27, 2002 2002-0749
Page 5 BC0016
to his attorney this morning, and suit will be filed in the United States District Court under Title 42, Civil
Rights Act. Because of the actions of Ms.Thomas, Mr. Parker stated the amount of damage to the horses
is almost One Million Dollars. He said in Court on the 4th, his attorney will be moving for violations of
perjury and false statements, and they will be meeting with the State Brand Commissioner, Gary Schoen,
and legal action will begin. He said Worldwide Trading Exchange will be filing suite in Nevada because
they lost the breeding rights of Monument. Mr. Parker also stated his Attorney has been on vacation for
a week and he could not appear due to a Court appearance in Denver. Since this matter will be heard in
County Court on April 4, 2002, he suspects it to be moved to a District Court and, ultimately, Federal Court.
Mr. Parker requested the Board wait for the outcome of the Court decision on the 4th before taking any
action. Mr. Parker said there are three mobile homes, and several of the trailers she is calling mobile
homes are not mobile homes. There is a three-unit office structure that belongs to Land Home
Development,and the rest of the units are portable tack rooms or portable horse stalls they take to rodeos.
He said they will be here to cover the mares until the proper permits can be obtained, then they are
scheduled to go to Costea County, New Mexico,to the Westworld USA Development;therefore, Mr. Parker
continued, most of the units will be gone when that happens. He said Land Home Development is
precluded from filing for permits because of the restraining order which, hopefully,will be lifted on the 4th,
and that, after subpoenaing the phone records of Ms. Halsey and Ms. Thomas on the morning of the
arrest, they will be suing in Federal Court. Mr. Parker stated the only thing he has on site is his
construction equipment, and the only work he has done is set up the stalls and pen and supervise the care
of the horses. He did not move any of the mobile homes in, other companies contracted through Land
Home Development moved the rest. Mr. Parker stated they received a Stop Order to stop work; however,
the only work being done is to feed and water the horses and get the vets in to see them, therefore, they
will not stop work.
Chair Vaad asked that the record reflect Mr. Parker chooses not to address the Board, other than the
information just provided. Bethany Salzman, Department of Planning Services, stated the only thing to
add is that construction equipment would require a Use by Special Review, and a camper trailer is not
adequate for a caretaker sleeping unit since it is not allowed through the Code. She stated he could apply
for a Use by Special Review for a caretaker/security guard mobile home,and a salvage yard for the mobile
homes would also require application for a Use by Special Review Permit. She stated he could also apply
for a Use by Special Review for the property in Roggen. Responding to Chair Vaad, Ms. Salzman stated
a Use by Special Review Permit would be required for both properties. Responding to Chair Geile, Ms.
Salzman reiterated the property on Weld County Road 8 is zoned Agriculture and is not within a
subdivision, and the property next to Roggen is zoned C-3 (Commercial).
Joseph Danelock, President and CEO of Land Home Development Systems, stated he purchased the
property from Ms. Thomas' sister and eventually they will put two and one-half to five-acre lots with $1.5
Million to $2 Million homes in. Mr. Danelock explained that, unfortunately, the individual from whom he
purchased the property is the sister of Ms. Thomas, and that the two of them have rivals since the death
of their mother, and his company has been caught in the middle of it. He also stated County staffs
presentation today has misrepresented the facts to the Board. he said the facts were grossly
misrepresented by our staff member. Mr. Danelock said if there was a problem, and if they would have
been contacted, they would have resolved it. Unfortunately the two sisters are in disagreement and the
facts have been misrepresented. Mr. Danelock said his attorneys will be in touch with the County Attorney
to work out whatever problems exist, and the sister is also an officer and director of their company.
Responding to Commissioner Jerke regarding the fee simple owner of record, Mr. Danelock stated the
entire section shown in pink on the overhead,without the small square, is approximately 118 acres which
was owned by the parents. When the mother died, it was to be split between the two daughters, and in
going through this process, they have paid Ms. Thomas' sister tens of thousands of dollars to help her get
ownership clarified in the legal process so they can actually have clear title to the land. Once they have
the title, they will submit an application for a Subdivision or Planned Unit Development for future
Minutes, March 27, 2002 2002-0749
Page 6 BC0016
development. In the meantime, he stated,they are using her property as an investment tool in Worldwide
Training Exchange and Westworld USA.
Mr. Barker asked for clarification regarding ownership of the things on the property and the right to keep
them there, specifically, the three mobile homes, the portable construction equipment, the construction
trailer, the two Tuff Sheds, the horses, and the portable horse stalls. Also, when and if those horses will
be moved, and whether Mr. Parker needs to be involved in moving those items. Mr. Danelock stated the
horses require support, and right now there is no access to the well on the property. He stated the tack
rooms where the supplies are kept were constructed from old mobile homes which have been striped out
and only have shelving on the walls, and are not liveable since they have no plumbing or electricity. He
said all the equipment moves readily and can be picked up with a fork lift, set on flat bed, tied down and
driven off to a new location; therefore, the entire property could be vacated in 72 hours if required. The
road equipment and heavy equipment is there in case they needed to grade roads to provide access.
However, it is agriculturally zoned, and the camper is for rotating shift of security guards, there is no one
residing on the property except Ms.Thomas. Responding to Chair Vaad, Mr. Danelock stated he does not
own all that equipment. He said Intermountain Mobile Homes owns the heavy equipment,and he contracts
with Intermountain for the use of the equipment. He further responded that the horses are owned by
Westworld USA and they have a contract with the Worldwide Trading Exchange for the breeding of these
horses; and Land Homes Development Company actually is the contract purchaser of the property.
Responding further to Chair Vaad, Mr. Danelock said the storage sheds belong to Westworld USA, and
the mobile homes belong to Intermountain which was going to move them Monday but could not because
of the restraining order; however, there is no one in residence there. He stated a care provider is
necessary; however, he provides care on a 24-hour basis, and the office is this small camper. Responding
to Commissioner Geile, Mr. Danelock stated he was aware the property was zoned Agricultural and all the
equipment that is on there is for the support of these 32 horses, not for residents. Responding further to
Commissioner Geile, he agreed he was making an assumption the Agricultural zoning would allow the use;
however, he did not specifically check with the local jurisdiction to inquire whether the use would be
allowed.
Scarlet Dalton, resident of Country Estates, stated she lives two streets over from the subject property and
said a lot of information is being given this morning; however, the issue at hand is the appearance of these
mobile homes on the property. She said the video clearly demonstrates these are salvage mobile homes
and she believes they are being moved from a facility located at 1-76 and 104th Avenue. She also said
the salvage operation would require Industrial zoning, not agricultural, and it is an eyesore and has the
potential of being environmentally hazardous.
Nicole Thomas, one-half interest owner of property, stated Mr. Parker does not live at his given address,
and he has had more than 48 hours notice. She said all she wants is her portion of the property left by her
parents, and Mr. Parker submitted an addendum to the restraining order. Mr. Barker stated these items
are not the issue being discussed, and comments should be kept to the zoning and building code issue.
He said the violation concerns the items on site and the likelihood of more being placed there. Chair Vaad
stated that, although Mr. Parker's name is on the violation, Mr. Danelock testified that Mr. Parker is not the
owner of the items of property. Responding to Chair Vaad and Mr. Barker, Ms. Halsey stated that on her
site inspection on March 14, 2002, Mr. Parker stated it was his equipment and his mobile homes, and he
was telling the truck drivers where to place mobile homes, how to get there, and he said all that stuff was
his. Responding to Commissioner Geile, Ms. Halsey stated the General Warranty Deed, which shows
Pierson Property Management Company, LLC,as a property owner is not current. The property has been
signed back over to Ms.Thomas. Ms. Halsey indicated she has a copy of the Deed giving ownership back
to Ms. Thomas. (Changed to Tape#2002-12.) She stated she has not been able to stop Mr. Parker from
putting the mobile homes on the property, and he has no regard for anything the Board will do, or what her
rights are. Responding to Commissioner Geile, Ms. Thomas stated she owns an undivided one-half
Minutes, March 27, 2002 2002-0749
Page 7 BC0016
interest of the property. She further stated by agreement with her sister, the property was split with her
owning the house and 30 acres, and her sister owning the remaining property.
Carol Ortlieb, resident of Country Estates, stated the appearance of a salvage yard just off Weld County
Road 8 is of concern to many of the neighboring landowners. She said although violations have been
issued,as of yesterday they were being ignored. At the property yesterday she saw more machinery being
hauled; the junk is an eyesore, and there is a large potential for acres of junk. Ms. Ortlieb stated that they
must be stopped; however, even after successfully stopping more from being placed, there will still be the
problem of removing it all. She feels the junk yard will decrease property values, and the neighborhood
residents have become victims of one man's actions.
John Cunningham, also a resident of the area, stated Mr. Parker still has a trailer salvage yard at 1-76 and
104th Avenue,which is an eyesore,and he presented pictures taken of the operation, marked as Exhibit C,
showing multiple salvage trailers. Mr. Cunningham said Ms. Thomas has done nothing wrong and she is
supporting the people in the neighborhood. Yesterday at the subject property he saw approximately twelve
horses, round panels, earth moving equipment, trucks, trailers, and buses. Cunningham stated he does
not understand why anyone with $2.5 Million horses would tear apart a used mobile home to make horse
stalls.
Al Verley stated that, irregardless of what Mr. Parker says about the subject property being for horses, it
is a salvage operation, and the water well is on a different property and for residential use only. Mr. Verley
stated all the companies and corporations are set up only to prolong the process; however, it is clear the
violation exists, and he is destroying the land.
Flora Haskins, resident of Roggen, stated she appreciates the quick County response to the property, and
stated it is quite a shock to go to bed one night with a hay field and get up the next morning with a salvage
yard in place. Ms. Haskins stated Weld County is growing, and their neighborhood is remote enough they
sometimes have to police themselves. She does not want people to think that their area of Weld County
is the armpit of Colorado, and they need help to solve the situation. Patricia Kelcia, Roggen, stated she
agrees with everything the other residents have said, and that within two days, she had a rat on her
property where they have never been before.
Larry Smith, area resident, said Weld County Road 35 is a County road that is not maintained. He read
a list of the Sections of the Weld County Code he feels is being violated, for the record. Mr. Smith stated
mobile homes used for agriculture is against the Code without a permit, and any mobile home being moved
into Weld County requires a building permit and inspection before being placed in the County.
Chair Vaad declared a five-minute recess.
Upon reconvening, Jim Green of Arvada stated he owns the Texaco station adjacent to the Roggen site,
and Mr. Parker's driver came in and told him the person at 104th Avenue is moving his business. He
questioned whether this type of trash and equipment can be put on a property. Ms. Halsey responded that
the use is an allowed for the C-3 Zone; however, it would require a Use by Special Review Permit. Chair
Vaad pointed out that the Use by Special Review process could also lead to Conditions of Approval and
Development Standards which are designed to mitigate the concerns of neighbors. Responding to
Commissioner Geile, Mr. Green stated the Frank Mann Estate is owner, as far as he knows.
Greg McKenzie, Ira Daggle, Donald Pfeif, Elo Chavez, Max Martinez, Ron Harms, Patty Schauff, Howard
Younger, Keven Hogestra, and Kathy Brolin, all area residents, stated their concerns that Mr. Parker has
been evicted from his current location, therefore, there is a likelihood of more mobile homes moving onto
the property. They stated that Mr. Parker has had numerous problems with violations in Adams County,
Minutes, March 27, 2002 2002-0749
Page 8 BC0016
that the subject property is down in a hole and highly visible to surrounding properties, and the
neighborhood should be kept clean. They further stated that as the trailers move up across hill, it will also
be visible to people in Green Acres, there is a process to be followed to allow mobile homes in Weld
County, and it is not fair to let someone do it without following the process.
Chair Vaad closed public testimony and stated Mr. Parker's testimony indicated that he is the contract
agent, and Mr. Danelock owns the property. Both have said they intend to move the mobile homes to the
Roggen property, which is not allowed without a Use by Special Review Permit and would be a violation,
so that establishes intent. Chair Vaad stated the fact of the violation has been testified to, and the
recommendation for the violation has been given by staff, therefore, he requested direction from counsel
on how to proceed. Mr. Barker indicated this is just like any other violation hearing, in which the Board,
upon finding a violation, may refer it to the County Attorney for either immediate action or with action
delayed for a specific period to allow followup. Mr. Barker stated there is also a second issue which is
whether the Board would like to proceed with a Temporary Restraining Order to keep more items from
being moved to the property, if there appears to be an intent to bring more items onto the property. Mr.
Barker indicated Mr. Parker testified that he intends to take the three mobile homes off the property on
Road 8 and move them to the Roggen property; which would, in essence, be a continuing violation or an
increasing violation. Mr. Barker stated the Court will issue a Temporary Restraining Order only in those
cases where it is shown that the likelihood of a continuing violation will occur such that there is harm that
is taking place. The continuing violation here would be to see if more items are going to be coming onto
the property.
Chair Vaad clarified that there was testimony by two individuals that they did intend to move material to
the Roggen property that is currently on site, although there was no testimony heard that there was
intention to move more to the Road 8 property. Responding to Chair Vaad, Ms. Halsey stated the violation
now applies to both properties which have been combined into one violation, and Mr. Barker stated the
Court does have the ability to issue orders for both properties, depending upon the evidence.
Commissioner Geile stated he heard enough testimony to give him real concern and alarm that additional
items will be brought onto the property, because of Mr. Parker's other location, demonstrated by the
pictures which substantiate what he was doing on 104th Avenue. Commissioner Geile also stated Mr.
Danelock did not confirm the owner of the things on the property, therefore, counsel will have to do some
research to determine all the owners of the property and the items being placed on the property.
Commissioner Geile then moved to refer VI #0200052 against Intermountain Mobile Home Services, do
Trenton Parker,to the County Attorney for immediate legal action,against all ownership interests including
the real property, and any items being placed on the property. The motion was seconded by
Commissioner Long,and it carried unanimously. Commissioner Geile also moved to authorize the County
Attorney to seek a Restraining Order, which would prevent any owners of property or equipment from
moving more items onto the properties. The motion was seconded by Commissioner Masden and carried
unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. Code Ordinance#2002-5 was approved on an emergency basis,and Code Ordinances#2002-4
and #2002-4 were approved on first reading.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Acting Clerk to the Board.
Minutes, March 27, 2002 2002-0749
Page 9 BC0016
There being no further business, this meeting was adjourned at 11:25 a.m.
BOARD OF COUNTY COMMISSIONERS
p` WELD COUNTY CO, ORADO
ATTEST: ,� eti�® / JEc,a 1/4e►
G Vaad,Weld
i--
Weld County Clerk tot ` I a az;:�
x►BY: David E. L g, Pro-Tem
Deputy Clerk to the :oar:a
M. J. eile
illiam H.g Jerk`2��
Robed D. Masden
Minutes, March 27, 2002 2002-0749
Page 10 BC0016
Hello