HomeMy WebLinkAbout20050521.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
FEBRUARY 14, 2005
TAPE #2005-10
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, February 14, 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, Debra Miller
Controller, Barbara Eurich
MINUTES: Commissioner Long moved to approve the minutes of the Board of County Commissioners
meeting of February 9, 2005, as printed. Commissioner Geile seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Masden moved to approve the Certification of Hearings
conducted on February 8,2005,as follows: 1)Violation Hearings;and Hearings conducted on February 9,
2005: 1) USR#1470, Jose and Natalia Martinez, c/o Macon Cowles and Associates, P.C., Attn: Macon
Cowles. Commissioner Long 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.
2005-0521
BC0016
r3-oa-off
WARRANTS: Barbara Eurich, Controller, presented the following warrants for approval by the Board:
All Funds $436,897.91
Commissioner Masden moved to approve the warrants as presented by Ms. Eurich. Commissioner Long
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO WELD COUNTY ROAD 13 AND TEMPORARY CONSTRUCTION EASEMENTAND
AUTHORIZE CHAIR TO SIGN ANY NECESSARY DOCUMENTS-DUANEAND BERNICE KIRKMEYER:
Keith Meyer, Department of Public Works,stated this is one of seventeen parcels being purchased for the
Weld County Road 13 project. He stated the total compensation of$152,440 includes right-of-way and
temporary construction easement acquisition and compensation for related damages to a feedlot and
corrals. Responding to Chair Jerke, Mr. Meyer stated 8.8 acres of right-of-way and five hundredths of an
acre of construction easement are involved. Commissioner Geile moved to approve said agreement.
Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF WCR16 BETWEEN WCRS 29 AND 31: Mr. Meyer stated the
closure is scheduled for February 22,2005 for bridge repair. Commissioner Masden moved to approve said
temporary closure. Seconded by Commissioner Vaad, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF WCR 47 BETWEEN WCRS 50 AND 54: Mr. Meyer stated said
road will be closed from February 16, 2005 to June 3, 2005, to pave Weld County Road 47 from Weld
County Roads 50 to 54. Commissioner Masden moved to approve said temporary closure. Seconded by
Commissioner Long, the motion carried unanimously.
CONSIDER GENERAL RELEASE AND CONSENT OF USE FOR HARD-COPY AND ELECTRONIC FILES
AND AUTHORIZE CHAIR TO SIGN-APPLEGATE GROUP, INC.: Bruce Barker,County Attorney,stated
the release and consent allows Weld County to generally and broadly use and apply data, designs,
drawings, reports and other documentation developed under the agreement of May 25, 1990. Mr. Barker
stated Weld County agrees to indemnifyApplegate Group, Inc.,from any damage, liability or costs that may
arise from any changes made by anyone other than Applegate Group, Inc. Responding to Commissioner
Geile, Lee Morrison,Assistant County Attorney,stated the agreement was requested byApplegate Group,
Inc., as an instrument to release Applegate of any liability resulting from inaccuracy or incompleteness of
the electronic files. Commissioner Geile moved to approve said general release and consent of use for
hard-copy and electronic files. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER AUTHORIZATION FOR THE WELD COUNTY TREASURER TO CANCEL COUNTY TAX LIEN
SALE CERTIFICATE: Mr. Barker stated Donald Mueller,Treasurer, has requested authorization to cancel
County Tax Lien Sale Certificate Number 683/95, because of a subsequent assignment to the Greeley
Urban Renewal Authority of a Tax Sale Certificate,as described in a letter from Mr. Mueller,dated February
4,2005. Commissioner Vaad moved to approve said authorization. Seconded by Commissioner Masden,
the motion carried unanimously.
CONSIDER VETERANS SERVICE OFFICER'S MONTHLY REPORTS AND CERTIFICATIONS OF PAY
AND AUTHORIZE CHAIR TO SIGN-DECEMBER 2004 THROUGH JANUARY 2005: Commissioner Geile
moved to approve said reports and certifications of pay. Seconded by Commissioner Long, the motion
carried unanimously.
Minutes, February 14, 2005 2005-0521
Page 2 BC0016
CONSIDER APPOINTMENTS TO JUVENILE COMMUNITY REVIEW BOARD: Commissioner Vaad moved
to approve the appointments of Susan Knox, John Miller and Matt Friesen to said Board. Seconded by
Commissioner Masden, the motion carried unanimously.
PLANNING:
CONSIDER PROBABLE CAUSE HEARING CONCERNING USR#1456-BARBARA SCHOTTELKOTTE:
Jacqueline Hatch, Department of Planning Services, requested the matter be continued to February 16,
2005, to allow the applicant to attend the meeting. Commissioner Vaad moved to continue said matter to
February 16, 2005 at 9:00 a.m. Seconded by Commissioner Geile, the motion carried unanimously.
CONSIDER REQUEST TO DELETE CONDITION OF APPROVAL#1.F AND MODIFY CONDITION OF
APPROVAL#1.K.2 FOR AMENDED USE BY SPECIAL REVIEW PERMIT, AMUSR#935 - BRITTARA
LAND COMPANY, LLC: Ms. Hatch identified the location of the site, stating Amended Use by Special
Review Permit#935 was approved on October 6,2004. She explained the applicant is requesting a waiver
from the septic requirement, Condition of Approval#1.F. Ms. Hatch referred to Sections 23-7-40.A and
23-7-40.B, of the Weld County Code, which places restrictions on the possible use of the existing scale
house for the required restroom facilities. Char Davis, Department of Public Health and Environment,
stated staff opposes waiver of Condition of Approval #1.F because the scale house will have four
employees on site and Weld County Code requires permanent facilities be provided for structures where
people live,work or congregate. She stated if the septic system is not feasible, a vault system is a viable
alternative. Responding to Chair Jerke,she stated the application indicates that there will be from three to
five persons on site.
Ms. Hatch stated staff recognizes that the required thirty-five parking spaces,Condition of Approval#1.K.2,
was stipulated when the retail aspect was included in the application. She explained that since the retail
aspect has been removed, staff recommends that Condition of Approval #1.K.2 be changed to reflect a
requirement of four parking spaces.
Philip Wenta, applicant,stated there will be up to four employees on site at any one time, if there is a truck
driver helping. Mr. Wenta stated a porta potty should be adequate and should the right-of-way be put in
place at a later date,the scale house would be nonconforming and, at that time, the septic issue could be
readdressed. Responding to Commissioner Vaad, Mr. Wenta stated the business is expected to remain
at the current location long-term. He explained, as Weld County Road 38 is expanded, the facility would
be considered nonconforming, the scale house would have to be moved and a septic system installed at
a new location. Responding to Commissioner Giele, Ms. Hatch stated the current Condition of Approval
states"prior to recording the Use by Special Review plat,the applicant needs to install a septic system on
site". Chair Jerke stated, if the applicant got to the point of moving buildings, the Use by Special Review
permit would have to be amended,or at least have a site plan change of some kind, and if there was more
use, a septic system would be required at that time. Responding to Commissioner Vaad, Don Carroll,
Department of Public Works, stated Weld County Road 38 is currently in transition and there is nothing
scheduled for the immediate future. Commissioner Vaad stated the vault system might be a better choice
with the domestic water source in the area and the landscape business four miles up the road from the
scale house was recently approved for a vault system. Mr.Wenta responded that the landscape business
referred to has high intensity use. He argued porta potties,with adequate screening,would be better suited
to his business. There was no public comment.
Responding to Commissioner Vaad, Ms. Hatch stated the applicant could enlarge to the rear of the scale
house to install a restroom; however, the construction cost would probably exceed fifty percent of the
replacement cost of the structure,which would terminate the non-conforming use status putting the building
in violation of Weld County Code under Section 23-7-40.A. Mr.Wenta stated the current scale house would
have to be expanded to install a restroom creating a non-conforming use status. He stated there is
Minutes, February 14, 2005 2005-0521
Page 3 BC0016
approximately 20 feet between the back of the scale house to the rail line,which makes it difficult to expand
the building to include a restroom. Responding to Chair Jerke, Mr. Wenta stated the expense to install a
septic system could run $15,000 and he has not looked into the vault system cost. Commissioner Long
stated a porta potty with proper screening and a hand washing station might be the best solution. Monika
Mika, Director, Department of Planning Services, stated this situation is unique because it is difficult for the
applicant to meet all the requirements because of the non-conforming use stipulation. She stated the
original application did not require a restroom to be added and one was never considered when processing
the application. Responding to Commissioner Masden, Ms. Davis stated the applicant could be required
to provide a temporary hand washing station. Commissioner Vaad moved to delete Condition of Approval
#1.F requiring a septic system and moved to approve the use of porta potties with a hand washing station
and adequate screening; he also moved to approve the modification of Condition of Approval#1.K.2 to
reduce the amount of parking spaces from 35 to four. Seconded by Commissioner Long, the motion
carried unanimously.
CONSIDER SECOND READING OF ORDINANCE 2005-01, IN THE MATTER OF REPEALING AND
REENACTING,WITH AMENDMENTS,CHAPTER 22 COMPREHENSIVE PLAN,CHAPTER 23 ZONING,
AND CHAPTER 24 SUBDIVISIONS,OF THE WELD COUNTY CODE: Commissioner Vaad moved to read
by title only. The motion,which was seconded by Commissioner Geile, carried unanimously. Mr. Barker
read the title of Ordinance#2005-01. Mr. Barker stated one of the recommended changes that was brought
up by Clair Orr at the last reading,was adding the wording "(or is a parcel otherwise recognized as half of
a quarter section)" to Section 23-3-50.A.1. and 2. and Section 24-8-20.C.1. of the Weld County Code.
Ms. Mika recommended eliminating the Intergovernmental Agreements with the Towns of Mead, Evans and
Milliken in Chapter 19 because they are no longer in effect. She stated that, in those communities, the
Urban Growth Boundary will be defined as the half mile from existing sanitary sewer lines. She stated the
changes in Chapter 22 have to do with making applications for petition for inclusion to the Mixed Use
Development area. She addressed a letter received from Everett Pfeiff, I and J Partnership, requesting
modifications to the Town of Erie Standard Urban Growth Boundary, specifically to make the Bulthaup
Property eligible for development under Weld County's Jurisdiction. She stated Section 22-2-100.Eofthe
Weld County Code reflects amended wording concerning the request. Kim Ogle, Department of Planning
Services, gave a brief overview of the changes to Sections 23 and 24 of the Weld County Code.
Responding to Commissioner Geile, Mr.Ogle stated language could be added to the 15 kilowatt hour range
under Section 23-3-430.J. of the Weld County Code.
Todd Hodges, Todd Hodges Design, representative for Everett Pfeiff, produced a graphic indicating the
location of Bulthaup Property, stating the property is 178.8 acres consisting of four parcels that were
created through two separate Recorded Exemptions. Mr. Hodges stated Mr. Pfeiff is requesting Weld
County modify the Standard Urban Growth Boundary for the Town of Erie in the area of the Bulthaup
Property. Mr. Hodges identified the surrounding property uses and stated the Town of Erie has designated
the area as urban, and the option of nonurban development in Weld County does not make sense in the
area because of the urbanization and future services of the area. Mr. Barker stated the Bulthaup Property
is recognized as being one half mile from existing sanitary sewer facilities. Responding to Commissioner
Geile, Mr. Hodges stated the majority of the Bulthaup Property would be within the urban growth boundary
based upon the existing sanitary sewer system. Responding to Chair Jerke, Mr. Hodges stated Mr. Pfeiff
is under contract on a portion of the Bulthaup Property. Mr. Hodges stated Mr. Pfeiff is only interested in
the 178.8 acres, which is the southern portion of the Bulthaup Property. Mr. Pfeiff stated his interest is to
develop the portion of the property in an urbanized fashion. He stated he met on July 6, 2004, with
representatives from the Town of Erie,to explore development opportunities for the property. He stated the
results of the meeting were that the Board of Trustees would not recommend annexation of the Bulthaup
Property. He stated he then decided to pursue an urban boundary adjustment with Weld County,to allow
the entire property under contract to be included.
Minutes, February 14, 2005 2005-0521
Page 4 BC0016
Ms. Mika stated Planning Services sends an annual request to municipalities to identify existing sewer lines,
after which the urban growth boundaries are modified. She stated the County does not set urban growth
boundaries to include or exclude parcels;the boundaries are based upon the ability to have urban services.
Ms. Mika stated this is the first time a municipality has indicated they did not want their boundaries extended
beyond the half mile from existing sanitary sewer lines. She recommended identifying the current urban
growth boundary to make sure Weld County is technically on the same page as the Town of Erie. She
stated proposing an urban type development does not just require an urban growth boundary requirement,
there must also be the ability to provide public water and sewer. Responding to Chair Jerke, Ms. Mika
stated the Town of Erie was notified on February 11,2005 of the Board of County Commissioners meeting
and all information was faxed to Debra Pearson, Director of the Town of Erie Community Development
Department. Responding to Commissioner Giele, Ms. Mika stated the Town of Erie has requested denial
of Mr. Pfeiffs request because it is currently updating its Comprehensive Master Plan and Unified
Development Code. Responding to Chair Jerke, Ms. Mika stated she recommended to Mr. Pfeiff that he
meet the criteria prior to applying for a land use permit. Mr. Barker recommended amending the language
in Section 22-2-100.E. of the Weld County Code to clarify the one half mile perimeter from the existing
public sanitary sewer facilities. He stated the deletion would be"The definition of facilities is limited to public
sewer lines in place on September 11, 1005,the time of adoption of Ordinance 147-G, as codified herein,
as amended by Ordinance 147-P,adopted on March 15, 1999,also codified herein." Commissioner Geile
moved to amend Sections 22.2-100.E., 23-3-50 and 24-8-20 as recommended. Seconded by
Commissioner Masden, the motion carried unanimously. Commissioner Long moved to strike language
in Section 22-1-1506.3,which is included in the Draft Ordinance. Seconded by Commissioner Geile,the
motion carried unanimously. CommissionerGeile moved to approve Ordinance 2005-01,with referenced
amendments, on second reading. Seconded by Commissioner Long, the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
consent agenda. Ordinance 2005-01 was approved on second reading.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by
the ting Clerk to the Board.
— : . , 't further business, this meeting was adjourned at 9:30 a.m.
1861 BOARD OF COUNTY COMMISSIONERS
C WELD COUNTY, COLORADO
" 4 -,
" William H. rke, Chair
geld-C nty Clerk to the Board
J� Geile, ro-Tem
BY: 4:,( r/f - Li-U
Deputy Cler o t Board
D ' E. Long
N
Rob D. Masd/een
�A� V
Glenn Vaad
Minutes, February 14, 2005 2005-0521
Page 5 BC0016
Hello