HomeMy WebLinkAbout20052237.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
AUGUST 8, 2005
TAPE #2005-31
The Board of County Commissioners of Weld County, Colorado, met in regular session in full conformity
with the laws of the State of Colorado at the regular place of meeting in the Weld County Centennial Center,
Greeley, Colorado, August 8, 2005, 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 William H. Jerke, Chair
Commissioner M. J. Geile, Pro-Tem
Commissioner David E. Long
Commissioner Robert D. Masden
Commissioner Glenn Vaad
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Jenny VanEgdom
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Masden moved to approve the minutes of the Board of County Commissioners
meeting of August 3, 2005, as printed. Commissioner Long seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Vaad moved to approve the Certification of Hearings
conducted on August 3, 2005, as follows: 1)USR#1506-Daniel Davis,do Larry and Kathy Rittel, do CR
Design Service; 2) USR #1508 - Longmont Broadcasting, LLC, do The Bell 5 Land Company; 3) USR
#1509 - Jason and Amy Krill; 4) USR #1511 - Alan and Carol Davis; and 5) Amended Service Plan for
Proposed East I-25 Sanitation District. Commissioner Masden seconded the motion, which carried
unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Masden moved to approve the consent agenda as printed.
Commissioner Long seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
2005-2237
BC0016
o6-013-0s—
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $958,091.84
Commissioner Masden moved to approve the warrants as presented by Mr.Warden. Commissioner Vaad
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER INSTALLATION OF TRAFFIC CONTROL DEVICES ON WCR 3, SOUTH OF STATE
HIGHWAY 60: Frank Hempen, Jr., Director of Public Works,stated staff will place"No Parking Any Time"
signs on Weld County Road 3 because water service trucks have been parking along the roadway,creating
a hazard to other motorists. Responding to Chair Jerke, Mr. Hempen stated the trucks are staging along
the side of the road and constricting the roadway. Commissioner Masden moved to approve said
installation of traffic control devices. The motion, which was seconded by Commissioner Vaad, carried
unanimously.
CONSIDER ENTRY UPON VARIOUS LANDS BY WELD COUNTY VEGETATION MANAGEMENT
SPECIALIST: Mr. Hempen stated the landowners of properties with noxious weeds have received a
ten-day legal notice and have failed to comply with the request to control the weeds. He stated the County
will enter the designated properties and control the noxious weeds at the landowners' expense.
Commissioner Geile moved to approve said entry. The motion, which was seconded by Commissioner
Long, carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - KN ENERGY PRODUCTION:
Duane Robson, Assessor's Office, stated a pipeline was sold to Public Service of Colorado prior to the
assessment date, and is now state assessed; therefore, staff recommended approval of the rebate in the
amount of$33,264.04. Responding to Chair Jerke, Mr. Robson stated the revenue will be reimbursed by
the State. Commissioner Long moved to approve said petition. The motion, which was seconded by
Commissioner Masden, carried unanimously.
CONSIDER RESOLUTION RE:AUTHORIZE BOARD OF COUNTY COMMISSIONERS TOADJOURN AS
BOARD OF EQUALIZATION FOR CALENDAR YEAR 2005: Commissioner Long moved to authorize the
Board of County Commissioners to adjourn as the Board of Equalization for the calendar year 2005. The
motion, which was seconded by Commissioner Masden, carried unanimously.
CONSIDER RESOLUTION RE: DECLARE CERTAIN EQUIPMENTAS SURPLUS PROPERTY,APPROVE
TWO CONTRACTS TO AUCTION AND AUTHORIZE CHAIR TO SIGN - RITCHIE BROTHERS
AUCTIONEERS (AMERICA), INC.: Mr. Warden stated the Department of Public Works replaced three
motorgraders in the past year, and staff recommended the motorgraders be declared as surplus property
and be placed in the Ritchie Brothers auction in November. Responding to ChairJerke, Mr.Warden stated
Ritchie Brothers has a record of the best outcome dealing with heavy equipment. Commissioner Geile
moved to approve said resolution and contract to auction, and authorize the Chair to sign. The motion,
which was seconded by Commissioner Vaad, carried unanimously.
PLANNING:
CONSIDER ZONING PERMIT FOR A MOBILE HOME, ZPMH#2457-J. ROBERT MAY: Wendi Inloes,
Department of Planning Services,stated the mobile home will be placed on an 80-acre parcel,east of Weld
County Road 63 and north of Weld County Road 10. She stated the Department of Planning Services
recommended approval as Mr. May has met all the requirements; however, more than 30 percent of the
surrounding property owners are in opposition to the application. Responding to Chair Jerke, Ms. Inloes
Minutes, August 8, 2005 2005-2237
Page 2 BC0016
stated three letters of opposition were received, out of seven surrounding property owners. Further
responding to Chair Jerke, Ms. Inloes stated the surrounding property is primarily agricultural, several
properties have recently been split, and there are several established homes on various properties.
Robert May, applicant, stated he does not intend to make the mobile home his permanent residence;
however, he would like to place the mobile home on the property until construction is finished on the
permanent structure. He stated he originally submitted the application as Temporary Use During
Construction of a Residence; however, he needs more than 180 days to complete the construction of the
permanent residence. He further stated he understood the building permits for the permanent structure
have to be submitted along with the temporary permits, and the building permit for a permanent structure
is good for 180 days. Responding to Mr. May, Ms. Inloes clarified the Temporary Use Permit is good for up
to 18 months; however, construction on the permanent dwelling must start within 90 days. She stated that
staff recommended applying for a Principle Dwelling permit, and when the applicant is ready to begin
construction, the permit will be switched to a Temporary Use Permit.
Responding to Chair Jerke, Ms. Inloes stated the septic system and water source do not have to be
separate during construction of the permanent dwelling. She further stated after a Certificate of Occupancy
is issued, the water source and septic system are disconnected from the mobile home, and transferred to
the permanent residence, and after 30 days an inspection is done to ensure the systems were switched
properly and the mobile home has been removed from the property. Ms. Inloes stated a condition for the
Certificate of Occupancy mandates that the mobile home be removed from the property within 30 days of
issuance.
Don Gustafson,surrounding property owner,stated his concern regarding the placing of mobile homes near
his property, and his worry that Mr. May would be able to keep and move the mobile home to another lot if
the property is split in five years, as another surrounding property owner has recently done. Chair Jerke
stated this 80-acre parcel is not big enough to be split into four parcels in the future. Mr. Gustafson stated
he has never received a letter notifying him of proposed mobile home permits in his area. He further stated
the original property owner requested in the sales contract that Mr. May only use a mobile home for six
months during construction of the permanent residence, and Mr. May is requesting 18 months or more.
Responding to Chair Jerke, Mr. Gustafson stated he didn't want to see a proliferation of mobile homes in
his area because it will decrease his property value. He further stated he is not against the granting of a
Temporary Use Permit for Mr. May; he would just like to be assured that the mobile home will be removed
as soon as construction of a permanent residence is completed.
Mr. May restated the mobile home will be removed from the property at the completion of the permanent
residence,and discussion of a mobile home was never mentioned in his contract with the original property
owner. He stated the previous property owner still owns the property adjacent to Mr. May's property, and
he only agreed to sell him the 80-acre parcel because of the type of home he plans to build, a stick-built
round structure, with a dome roof. Responding to Chair Jerke, Mr. May stated he has a clear title to the
mobile home he would like to place on his property.
Chair Jerke stated his desire to keep Weld County free of mobile homes as much as possible. He further
stated he is concerned that several surrounding property owners are opposed to the application,and most
likely he will not be voting in favor of the permit. Commissioner Vaad stated Mr. May has good intentions
with his mobile home, and the restrictions of the Temporary Use Permit are hindering him from completion
of his new home. He stated granting a mobile home permit is open-ended, and he is willing to make a
commitment to the good intentions of the applicant. Commissioner Masden stated he is also concerned
with granting a permanent permit that is open-ended, and believes some type of time-sensitive restriction
is needed.
Minutes, August 8, 2005 2005-2237
Page 3 BC0016
Responding to Chair Jerke, Bruce Barker,County Attorney,stated he does not know of any type of situation
where a condition can be placed on the permanent permit; however a condition may be accepted by the
applicant stating that the mobile home will be removed by a specific date. Commissioner Masden stated
the time constraints are short of what the applicant needs to finish the work, and he would like to come to
an agreement on the time frame. Ms. Inloes stated stick built homes take longer to construct, and offered
a solution of placing a type of condition that states when the construction will begin. Mr. May stated before
he purchased the property, he was assured by Planning Staff that property owners in Weld County are
allowed to live in a mobile home during personal construction of their permanent residence, but was not
given specifics of a time frame. He stated he has been the general contractor during the construction of
a house before, and will be doing the bulk of the construction on the upcoming structure; therefore, it will
take him longer than an average structure being built by a construction crew. He further stated he already
has the septic permit and a well permit for the property, the electrical service is in place, and the septic
system and the well placement will both be started this week. Mr. May stated is he willing to agree to a
specific time line, if an agreement can be reached.
ChairJerke stated he understands the process of building a home takes time and is an expensive process,
and does not understand why someone would go through the cost of moving a mobile home for a short
period of time. Responding to Chair Jerke, Mr. May stated he is currently renting and would like to use his
rental costs to pay the mortgage on the property. He further stated he was able to cheaply purchase the
mobile home.
Commissioner Masden recommended granting the Principle Dwelling Permit fora year,and asking Mr. May
to agree to apply for his building permit on the permanent structure by August 2006,which would give the
applicant 2.5 years to complete construction. Responding to Commissioner Long, Ms. Inloes stated it is
more feasible for an applicant to initially apply for a Principle Dwelling Permit. Within twelve to eighteen
months most applicants are able to afford building costs, and the permit can then be switched to a
temporary basis, and allowing staff to monitor the applicant's progress and keep records up to date.
Mr. Barker stated the action in the best interest of the Board would be to grant a Temporary Use Permit
during construction, and extend the period of time for the applicant, instead of granting a permanent
Principle Dwelling Permit. Commissioner Vaad moved to continue this case until August 15,2005,to allow
the Department of Planning Services staff to discuss with Mr. May if the building project is feasible within
a specific time frame. Seconded by Commissioner Geile, the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
consent agenda. No Ordinances were approved.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by
the Acting Clerk to the Board.
Minutes, August 8, 2005 2005-2237
Page 4 BC0016
There being no further business, this meeting was adjourned at 10:10 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MAL ent, r_ KA..,—,
te 0, _ William H. Jer Chair
S61 Id C rity a lerk to the Board
T W�- ,
cl.,.�� �„ 1
°Ci1J ile, Pro-Tem
N eputy Clerk to he Board
vid E. Long
Rob Mas en
Glenn Vaad��
Minutes, August 8, 2005 2005-2237
Page 5 BC0016
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