HomeMy WebLinkAbout20051362.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MAY 2, 2005
TAPE #2005-23
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, May 2, 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-Tern
Commissioner David E. Long
Commissioner Robert D. Masden
Commissioner Glenn Vaad
Also present:
Assistant County Attorney, Lee Morrison
Acting Clerk to the Board, Carol A. Harding
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Vaad moved to approve the minutes of the Board of County Commissioners
meeting of April 27, 2005, as printed. Commissioner Masden seconded the motion, and it carried
unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Vaad moved to approve the consent agenda as printed.
Commissioner Geile seconded the motion, and it carried unanimously.
WARRANTS: Donald Warden, Director of Finance and Administration,presented the following warrants
for approval by the Board:
All Funds $762,213.71
Electronic Transfers -All Funds $1,205,558.02
Commissioner Long moved to approve the warrants as presented by Mr.Warden. Commissioner Masden
seconded the motion, which carried unanimously.
2005-1362
BC0016
BIDS:
PRESENT BIDS: Mr. Warden stated there are no bids to present.
APPROVE MIXED-USE DEVELOPMENT PLAN AREA BID (QUALIFICATION BASED PROPOSAL) -
DEPARTMENT OF PLANNING SERVICES: Mr.Warden stated staff had the selection committee review
this proposal, which was the only one received. The committee did not feel the bid was responsive, and
felt it did not meet specifications and the sole bidder would have difficulties completing the project. Mr.
Warden recommended the bid be rejected. Under the Qualification Based Proposal procedure,staff would
then go to a negotiated process,for which they would bring in two or three vendors, discuss the project in
detail and possibly put vendors together in an effort to obtain complete proposals. He stated the proposal
itself may have been confusing, although, in some cases the vendors could not find other vendors to
complete the three areas of expertise needed to accomplish the entire project. Commissioner Geile
requested a work session to determine the extent of the project,and Chair Jerke stated he would also like
a review of the protocol or rules for the negotiation process,to ensure the process remains fair and open
to all parties. Commissioner Geile moved to reject said bid. The motion, which was seconded by
Commissioner Masden, carried unanimously.
NEW BUSINESS:
CONSIDER AMENDMENT TO COMMUNITY SERVICES BLOCK GRANT CONTRACT AND AUTHORIZE
CHAIR TO SIGN: Walt Speckman, Director of Human Services, stated this is an increase in funding,and
the amendment to the Master Contract provides discretionary funds for the Weld County Food Bank,in the
total amount of $65,000.00. He stated a new component this year is that Weld County will distribute
$10,000.00 of the contract amount to the Boulder,Colorado Springs, Denver,and Fort Collins Food Banks.
The term of said agreement is March 1, 2005,through September 1, 2005. Commissioner Geile moved
to approve said amendment and authorize the Chair to sign. Seconded by Commissioner Long,the motion
carried unanimously.
CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO WCR 126 AND AUTHORIZE CHAIR TO SIGN ANY NECESSARY DOCUMENTS-
FORT COLLINS: Frank Hempen,Jr.,Director of Public Works,stated the Board previously signed a right
to enter agreement with Ft. Collins for this parcel. He stated the cost to purchase this 4.2 acre parcel is
$2,508.00,with an additional $371.00 for a Temporary Construction Easement and the cost to move an
existing fence. Commissioner Long moved to approve said agreement and authorize the Chair to sign any
necessary documents. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO WCR 13,ACCEPTANCE OF TEMPORARY CONSTRUCTION EASEMENT,AND
AUTHORIZE CHAIR TO SIGN ANY NECESSARY DOCUMENTS-ROXYVENDENA: Mr. Hempen stated
this 1.3 acre parcel will be obtained for$16,852.00,plus$1,156.00 fora Temporary Construction Easement,
and an additional $1,250.00 for the relocation of the existing entrance gate, for a total of $19,258.00.
Commissioner Masden moved to approve said agreement and authorize the Chair to sign any necessary
documents. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER APPOINTMENTS TO JUVENILE SERVICES PLANNING COMMITTEE: Commissioner Geile
moved to recommend the appointment of John Wilde to replace Rochelle Galey as the Island Grove
Treatment Center Program representative and Susan Knox to replace Patryce Engel as the District
Attorney's representative on the Juvenile Services Planning Commission. The motion, which was
seconded by Commissioner Long, carried unanimously.
Minutes, May 2, 2005 2005-1362
Page 2 BC0016
PLANNING:
CONSIDER VACATION OF USE BY SPECIAL REVIEW PERMIT#313-EARL ANDERSON:Jacqueline
Hatch, Department of Planning Services,stated staff received a request from Earl Anderson, requesting
the vacation of Use by Special Review Permit#313 for a greyhound training track,which is a Condition of
Approval for Recorded Exemption#4030. She stated Mr.Anderson will be building a home on the property.
Commissioner Masden moved to approve the vacation of Use by Special Review Permit#313 for Earl
Anderson. The motion, which was seconded by Commissioner Geile, carried unanimously.
CONSIDER VACATION OF USE BY SPECIAL REVIEW PERMIT#1432-MARK AND KRISTI WEIMER:
Ms. Hatch stated staff received a request dated April 15,2004,from Kristi and Mark Weimer,requesting the
vacation of Use by Special Review Permit#1432,which was approved on December 31,2003. She stated
staff has sent several letters to the applicants regarding the Conditions of Approval and the need for them
to finish the permit; however,the response was that the applicant is unable to complete the project at this
time. Responding to Commissioner Jerke, Ms. Hatch stated the applicant was notified of this action by
Certified Letter,which was accepted. Responding to Commissioner Geile, Ms. Hatch stated the applicant
has not done any work on the site, and the last time she spoke to them, they stated they did not want to
finish the project. Commissioner Masden moved to approve the vacation of Use by Special Review Permit
#1432 for Mark and Kristi Weimer. The motion, which was seconded by Commissioner Geile, carried
unanimously.
CONSIDER VACATION OF USE BY SPECIAL REVIEW PERMIT#404-FRONT RANGE HAY COMPANY,
INC.,C/O WILLIAM ADAMS: Ms. Hatch stated staff received a request from Joyce Greenfield,requesting
the vacation of Use by Special Review Permit#404,which is a Condition of Approval for Amended Site Plan
Review#216. Commissioner Vaad moved to approve the vacation of Use by Special Review Permit#404
for Front Range Hay Company, Inc. The motion,which was seconded by Commissioner Masden,carried
unanimously.
CONSIDER MOBILE HOME PERMIT, ZPMH #2439 - RONALD AND SUE GRABRIAN: Wendi Inloes,
Department of Planning Services, stated the request is for the fourth mobile home on this property, to be
used as a temporary accessory to the farm. She stated the parcel is 7.5 acres,and the applicant has three
existing mobile homes for his three employees,all of which were approved on September 27,2004,by the
Board. Staff recommended denial of this request, since it does not meet the intent of the Weld County
Code. She stated no justification has been given for an employee,and one unit is currently used as a rental
property. She stated there was a Court hearing in January,at which time Mr. Grabrian agreed that if four
mobile homes are placed on the property,justification for the fourth employee would be given. Responding
to Chair Jerke regarding why there was still a court case in January,if approval was given last September,
Ms. Inloes stated it had gone through the violation process and did not get to court until January 2005. Lee
Morrison,Assistant County Attorney,explained the court case was dismissed in January,at which time the
property was in compliance with three approved mobile home permits. However, Mr. Morrison explained,
Mr. Grabrian still wants to have four permits, and the Board should address the question of whether the
rental unit is for an employee.
Ron Grabrian, applicant, stated when he went to court not much was discussed, although he was trying
to get rid of a contempt charge,which amounted to two campers which were finally determined to be mobile
homes. He stated this has been going on over two years, since he had a mobile home that burned down
in December of 2003. He stated he has septic permits for all four mobile homes, but there has been an
escalating series of complaints from the Department of Planning Services and Health Department. He
stated there was a permit for the mobile home when it was moved in,although no paperwork can be found,
and it replaced the original house on the property. He said he installed the mobile home and tore down the
original house. Responding to ChairJerke, Mr.Grabrian stated he is currently milking 124 cows,although
there is no industry standard to determine how many FTE's should be required per cow. Mr. Grabrian
Minutes, May 2, 2005 2005-1362
Page 3 BC0016
stated it is a small dairy with a flat barn,which requires more help. Responding further to Chair Jerke, Mr.
Grabrian stated he raises heifer calves and bull calves to 600 pounds, hauls his own hay, and farms an
additional 500 acres. He stated one of the three mobile homes currently permitted is a rental unit.
Responding to ChairJerke, Ms. Inloes stated Mr.Grabrian would have the option of renting to a person who
works for him; however, not to anyone who is not an employee. She reiterated the permit was approved
as an accessory to the farm, and she does not deny that he needs three employees. She stated that the
reason Mr.Grabrian needs the fourth mobile home is because one of the three permitted mobile homes is
currently being rented. Responding further to Chair Jerke, Ms. Inloes stated it was at the hearing in
September that staff found out the mobile home was being used as a rental unit. Mr. Grabrian contested
Ms. Inloes comments and stated the mobile home was a rental when it was set up and permitted;although
the Department of Planning Services did not follow through with the deal. He stated he lost the house
because he tore it down to replace it with a mobile home for rent. He stated he has been renting the unit
since 1982.
Mr. Morrison reviewed the minutes of the September 24, 2004, meeting, and stated it is clear the Board
approved three mobile homes as accessories to the farm. He stated staff relies on the decision that three
have been approved,and there are three employees needing housing. If a fourth is needed, Mr.Grabrian
will need to provide evidence that the fourth is also for an employee. Chair Jerke stated he is sympathetic
to Mr.Grabrian's needs,with the farming acreage, 124 cows being milked,calves being cared for,and hay
to haul,therefore,it seems appropriate for Mr.Grabrian to have four employees. He feels the permit should
be flexible enough for him to get his job done, and government does not need to be a stumbling block.
Responding to Commissioner Masden, Mr. Morrison stated no one has found documentation that this
mobile home replaced the original home, so we do not know what agreement was made. Mr. Grabrian
stated he has to have a septic permit because it was applied for in 1982, and he got half a permit, even
though a final inspection was never done. He stated he does not have documentation; however, it would
not make sense to apply for a permit,get one inspection,and never finish it. Responding to Mr. Morrison,
Bethany Salzman, Department of Planning Services,stated there is no evidence of a permit in 1982. She
stated there is evidence of a site inspection, and this unit was referenced as an Accessory to the Farm in
the building permit, not the replacement of a principal dwelling. Responding to Commissioner Geile, Ms.
Inloes stated if this is approved as an Accessory to the Farm it cannot be rented, unless it is to a paid
employee; therefore,four mobile homes would require four employees. Responding to Chair Jerke, Mr.
Grabrian stated the property is flood irrigated. Responding to Commissioner Geile,Mr.Grabrian stated one
mobile home is occupied by someone who is not an employee, and he reiterated it was the replacement
for the original frame house. Ms. Inloes stated staff had not received any documentation regarding the 500
additional acres being farmed.
Commissioner Geile stated he does not have a problem with four accessories to the farm; however, it
would have to be to house employees. He stated there is a problem if the housing is for other than
employees,because it would not be consistent with other applications. ChairJerke stated this is a difficult
situation, and he does not approve of mobile home rentals regardless of the history, unless it is tied to a
medical hardship, or accessory to a farm with an agricultural necessity. Commissioner Vaad stated he
agrees with the comments, and he understands the need for housing of people who work on the farm;
however, Mr. Grabrian provided direct testimony that this mobile home is not for an employee. He also is
concerned about maintaining consistency in the Board's decisions and not setting a precedent to be used
for others. Commissioner Geile stated that, even if approved, the mobile home permit would not allow it
to be used for a rental unit. Commissioner Masden stated he agrees with the comments of the other
Commissioners. ChairJerke indicated Condition of Approval#5 states,"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. .." Therefore,he stated,it is not designated for even a part-time employee. He suggested
Mr. Grabrian work with staff to determine some way of moving from a rental unit to an accessory to the
farm. Mr. Grabrian stated there is no way for him to work with Department of Planning Services since they
Minutes, May 2, 2005 2005-1362
Page 4 BC0016
have been uncooperative with him since the beginning. Commissioner Geile stated that if Mr. Grabrian
needs the income from the rental unit, he would have to gain approval through a Use by Special Review
Permit,and Mr. Morrison stated his third choice would be to provide evidence showing it was approved as
a substitution of a prior use. Commissioner Geile directed staff to work with Mr. Grabrian to ensure he
understands his three options. Ms. Inloes responded that staff has done as much research as possible and
he does not currently have four full time employees,therefore,the Use by Special Review Permit would be
his best option.
Commissioner Vaad stated Mr.Grabrian would not agree with Condition of Approval#5,therefore,he moved
to continue this matter to June 6, 2005, at 9:00 a.m., to allow Mr. Grabrian time to review his options and
apply for a Use by Special Review Permit if that is the option he chooses. 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.
There being no further business, this meeting was adjourned at 10:15 a.m.
II IEIL��� BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
1
?di $)AL4/,&iLs, William H erke, Chair
® !"eclic& , Clerk to the Board
11 r
• M eile, Pro-Tem
BY: �
Deputy Clerk to the Boardle i
David E. Lon.
EXCUSED DATE OF APP VAL
Robe D. Masderl
4j.e AAA.). LI-0-tecH•
Glenn Vaad
Minutes, May 2, 2005 2005-1362
Page 5 BC0016
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