HomeMy WebLinkAbout20041207.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
APRIL 21, 2004
TAPE #2004-18
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, April 21, 2004, 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 Robert D. Masden, Chair
Commissioner William H. Jerke, Pro-Tem
Commissioner M. J. Geile
Commissioner David E. Long
Commissioner Glenn Vaad
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 April 19, 2004, as printed. Commissioner Jerke seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Jerke moved to approve the Certification of Hearing
conducted on April 19, 2004,as follows: 1)Hearing to show whether good cause exists for revocation of
Amended USR#685, Matt and Becky Fosher. Commissioner Geile 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 Vaad moved to approve the consent agenda as printed.
Commissioner Long seconded the motion, and it carried unanimously.
PRESENTATIONS:
RECOGNITION OF SERVICES, UNITED WAY - JUDY KRON: Chair Masden read the certificate
recognizing Judy Kron for 20 years of service with United Way. Ms. Kron was not present because
Commissioners Geile and Long presented her award to her at a reception on April 16, 2004.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
2004-1207
BC0016
DS-i.2-6'y
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $336,369.22
Commissioner Long moved to approve the warrants as presented by Mr. Warden. Commissioner Geile
seconded the motion, which carried unanimously.
BIDS:
PRESENT BIDS: Mr. Warden stated there are no bids to present.
APPROVE WELD COUNTY COURTS AND WORK RELEASE, PHASE II BID - DEPARTMENT OF
FINANCE: Mr. Warden requested a continuance for one week. Commissioner Vaad moved to continue
this bid to April 28, 2004, at 9:00 a.m. The motion,which was seconded by Commissioner Geile, carried
unanimously.
APPROVE BUSES FOR TRANSPORTATION BY CDOT BID -DEPARTMENT OF HUMAN SERVICES
(CON'T FROM 04/14/04): Mr.Warden stated this bid approval has been continued several times because
the Colorado Department of Transportation(CDOT)must also approve it,and they have not yet responded
to staff. Mr.Warden recommended the Board approve the low bid. If,for some reason, CDOT approves
someone other than the low bidder, staff can bring it back before the Board. Commissioner Vaad moved
to approve the low bid from Startrans Bus Sales, Inc., in the amount of 89,863.32. The motion,which was
seconded by Commissioner Long, carried unanimously.
NEW BUSINESS:
CONSIDER APPLICATION FOR 2003-2004 SCHOOL CHEMISTRY SAFETYGRANT: Dr.Mark Wallace,
Director of Public Health and Environment,stated the source of funds is the federal government through
a performance partnership agreement. He stated the funding is for activities to provide assistance to
schools for the safe handling of chemicals,and we have previously been involved in a similar program. He
stated the Health Department is viewed as a resource by the school districts,and the term of the agreement
is April 30, through October 1, 2004. Dr. Wallace stated this funding would offset current costs.
Responding to Commissioner Vaad, Dr.Wallace stated the colleges and universities do need to design a
better curriculum for chemistry teachers to include handling of chemicals;however,the training which will
be used under this program will involve a different approach to teaching chemistry in schools today,which
was developed by Colorado State University, to make teachers more aware of the safe handling of
chemicals. Responding to Commissioner Jerke, Dr.Wallace stated it is difficult to attribute responsibility
to the school districts,when the Health Department is seen by the community as the appropriate party to
be responsible for the Hazmat program and safe disposal of chemicals and liquids. Responding to Chair
Masden,Dr.Wallace stated 15 schools were previously visited and provided assistance in identifying and
disposing of chemicals. He stated there are a lot of schools loaded down with chemicals,and even though
the school district should take the lead, they do not. Dr. Wallace said this application would cover
approximately 23 additional schools. Commissioner Vaad moved to approve said application. The motion,
which was seconded by Commissioner Geile,carried four to one,with CommissionerJerke voting against
the motion.
CONSIDER TEMPORARY CLOSURE OF WCR 19 BETWEEN WCR 14 AND HIGHWAY 52: Frank
Hempen,Jr.,Director of Public Works,stated Weld County Road 19 will be closed April 26 through April 30,
2004, in order to replace an irrigation pipe which is in poor condition. Responding to Chair Masden, Mr.
Hempen stated the pipe carries irrigation waterfrom side to side,and staff does coordinate with the farmer
Minutes, April 21, 2004 2004-1207
Page 2 BC0016
or ditch company,as appropriate. CommissionerJerke moved to approve said closure. The motion,which
was seconded by Commissioner Geile, carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES FOR 2002-INTERSTATE RENTAL
AND SALES,C/O JOHN WHEELER: Duane Robson,Assessor's Office,stated this petition for abatement
reflects rental equipment which was put on the petitioner's asset list incorrectly. It has been removed from
the list, and $1,679.28 is recommended for abatement. Commissioner Geile moved to approve said
petition. The motion, which was seconded by Commissioner Jerke, carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES FOR 2003-TOWN OF MILLIKEN:
Mike Sampson,Assessor's Office, stated there was a Quit Claim Deed filed,this abatement corrects the
error retroactively to the date of purchase by the Town of Milliken. Commissioner Long moved to approve
said petition. The motion, which was seconded by Commissioner Vaad, carried unanimously.
CONSIDER RESOLUTION RE: DECLARE CERTAIN EQUIPMENT AS SURPLUS PROPERTY, AND
AUTHORIZE SALE OF SAME TO WIRELESS ADVANCED COMMUNICATIONS: Dave Bressler,Director
of Paramedic Services, stated this is old equipment left after conversion to the 800 MHz service, which
would allow Wireless Advanced Communications to have available for parts. He stated a credit will be given
to the Paramedic Services account. Commissioner Long moved to approve said draft resolution. The
motion, which was seconded by Commissioner Geile, carried unanimously.
PLANNING:
CONSIDER PARTIAL VACATION OF USE BY SPECIAL REVIEW PERMIT#156-MONFORT FINANCIAL,
C/O LANDPROFESSIONALS,LLC: Jacqueline Hatch,Department of Planning Services,stated a request
was received to vacate a portion of Use by Special Review Permit#156,specifically,23 acres north of the
railroad tracks on three separate parcels. She requested the applicant be required to submit a new plat for
Use by Special Review Permit#156, if the request is approved. Responding to Commissioner Vaad, Ms.
Hatch stated this is being considered by the Board prior to the Recorded Exemption,to allow staff and the
Board to see the entire parcel. Lauren Light of LANDPROfessionals, LLC, representing Monfort Finance
Company, Inc.,stated the applicant will be selling 23 acres to ICBM. She stated the 23 acres is vacant,and
there is a rail line and spur adjacent to the site. Responding to Commissioner Jerke regarding ownership
within an existing Use by Special Review Permit (USR), Ms. Light stated if the companies split up there
would not be a parcel landlocked in the middle of a USR,since access is from Weld County Road 61. She
also stated the applicant will possibly purchase the railroad right-of-way. She stated Union Pacific has not
decided whether to offer a 99-year lease or abandon the right-of-way. Responding to Commissioner Jerke
regarding easement across the current USR,Ms. Light stated the railroad right-of-way is not included in the
USR. Commissioner Vaad moved to approve said partial vacation. The motion,which was seconded by
Commissioner Long, carried unanimously.
CONSIDER REQUEST TO VACATE USE BY SPECIAL REVIEW PERMIT#878-DANIEL OCHSNERAND
BARRY PAYANT: Sheri Lockman, Department of Planning Services, stated this hearing was continued
from 01/12/04,and was originally four cases;however,the Zoning Permit fora Mobile Home,ZPMH#575,
was withdrawn at the meeting in January. She stated the second application, ZPMH #2385, was for a
principal residence; however,the applicant has purged the title to the modular, and the Zoning Permit for
a Mobile Home is not the correct application for the structure. Ms. Lockman stated the third item is the
Probable Cause for Use by Special Review Permit#878,and the applicant's representative has submitted
a letter requesting vacation of said USR; therefore, the only remaining application is for Recorded
Exemption#3502. In regards to the Recorded Exemption, Ms. Lockman stated Department of Planning
Staff originally approved the application based on an inaccurate Flood Hazard Development Permit which
stated the structures put in place for Sandbar Arena were outside the floodway. She stated the main
concern of staff is the safety of the family living in the modular home adjacent to the river. She stated Daniel
Minutes, April 21, 2004 2004-1207
Page 3 BC0016
Ochsner currently has the property up for sale,and the home is in the floodway. She stated it is extremely
hazardous and not permitted under the National Flood Insurance Program (NFIP), in which Weld County
participates. Ms. Lockman stated the options available to the Board for action all have disadvantages. She
stated if the Recorded Exemption is denied or withdrawn, the applicant would be allowed to keep the
property or sell it with all three homes intact. She stated the structures in the floodway are considered
non-conforming, and no further septic permits or building permits would be issued, beyond those
associated with an agricultural exempt structure. Ms. Lockman stated that no condition would placed on
the property to insure the safety of the family residing within the floodway. She stated that, if the Board
approves the Recorded Exemption,conditions can be placed on the application to insure the safety of the
family residing in the floodway. She stated that,according to the Federal Emergency Management Agency
(FEMA),to maintain compliance with the NFIP,the countyshould insure that the applicant completes a No-
Rise Certificate; however, if the requirements of the certificate are not met, the applicant must do a
Conditional Letter of Map Revision(CLOMAR)and Letter of Map Revision(LOMAR). If not accomplished,
Ms. Lockman stated, the structure should be removed. Ms. Lockman presented a copy of modifications
to the Conditions requested in the original paperwork,with several deletions and additions. She also stated
a shared well agreement was submitted and, if the Board is agreeable to the agreement, Condition#2.E
could also be deleted. Responding to Commissioner Geile,Ms.Lockman stated everything in the floodway
is actually non-conforming,and the County is responsible for administrating;;however,FEMA and the Corps
of Engineers have the rules and regulations for the floodway. Mr. Barker stated his concern is that the
mobile home and structure was completed pursuant to the Use by Special Review Permit and Flood Hazard
Development Permit obtained in 1990,and building permits were issued based on that Permit. He stated
no one is certain when the change occurred with respect to our knowledge of the floodway; however, the
reliance was that the Flood Hazard Development Permit was there,therefore,building permits were issued.
Mr. Barker stated there is a violation in the sense that the current data shows the entire property is in the
floodway; however,the residential structure has been issued building permits by the County, pursuant to
a Flood Hazard Development Permit that was issued in 1990. Therefore,the real question is whether to
require,as a Condition of Approval of the Recorded Exemption,that a No-Rise Certificate be issued. Mr.
Barker stated FEMA's methodology to follow is to do so;although either a No-Rise Certificate,or a CLOMAR
or LOMAR showing it is out of the floodway would be appropriate. Mr. Barker stated the violation does not
exist because of anything the applicant has done, rather because the County's data for the floodway has
changed. Ms.Lockman clarified the floodway information is dated several months before the initial approval;
however,it was not available to staff. Responding to Commissioner Geile, Mr. Barker stated Condition O
does deal with the No-Rise Certificate; however,the real question for Board determination is the fairness
of the issue to the applicant. He stated the County issued building permits through 1995,even including one
for an outside deck, based upon the Flood Hazard Development Permit; however, now, because of the
Recorded Exemption, the County is requiring a No-Rise Certificate, CLOMAR, or LOMAR. Mr. Barker
stated the applicant may be able to show it is not within the floodway; however, it does appear to be. Mr.
Barker stated he has a definite problem with issuing permits,the applicant relying on the permits,then later
effectively revoking the permit because of data;especially since,additional building permits were issued
after the County had the data. Responding to Commissioner Jerke, Ms. Lockman stated a No-Rise
Certificate indicates the structure will not cause a rise in the water if there is a flood, it is issued by an
engineer, and it costs less than a CLOMAR or LOMAR.
Mr. Barker stated there are four items of business on the agenda; however, discussion has gone to the
heart of the matter, which is the Recorded Exemption. Therefore, all four items should be called up to
discuss at the same time, since they are all inter-related. Chair Masden called up the other three items.
Jacqueline Johnson,attorney for the applicant,stated she did submit a request to vacate USR#878;staff
has determined that ZPMH#2385 is not required,and the applicant has agreed to submit a non-conforming
use for that structure;and the Probable Cause is vacated based on the vacation of the USR. Therefore,
the Recorded Exemption is the only item left to be determined. Ms.Johnson stated the applicant agrees
Minutes, April 21, 2004 2004-1207
Page 4 BC0016
with everything in the proposed Conditions and plat requirements, with the exception of Condition 2.O,
regarding the No-Rise Certificate. She stated even the form to be used fora No-Rise Certificate is difficult
to fill out,since FEMA has not directed removal of the property. She stated Mr.Ochsner built the structures
with the County's approval and he will lose his home if the Board does not approve the Recorded
Exemption. She stated there has been some armoring along the riverbank which will likely change the
floodway,although there is no way to know for sure without great expense. Chris Pickett,Pickett Engineer,
stated the No-Rise Certificate requires him to determine the location of the floodway by taking the original
study,do new cross sections,then re-evaluate or rerun the study. He stated the Certificate is to determine
what would happen to the elevation of the 100-year floodway if the floodway is filled in with a structure. He
estimated the cost to be$10,000-$15,000,and indicated the information and Certificate cannot be obtained
without a detailed study. Mr. Pickett indicated there was some filling done;however,the impact is unknown
and the location of the floodway is unknown without a detailed study. He stated a CLOMAR is generally
used when a land development project is proposed and the fill has not yet been accomplished;it is also to
fill in the floodplain and cannot be used to fill in the floodway. After the floodplain has been defined,based
on the plan the floodplain would be filled,the property would be in compliance. Mr. Pickett stated a LOMAR
is based on a certified plan, and the fill is being placed in the floodplain. He stated you cannot adjust the
floodway without a detailed study; however, neither a CLOMAR or LOMAR would be appropriate in this
case. He stated the No-Rise Certificate could be required,but it will require a detailed study of that section
of the river. CommissionerJerke questioned if the Board approves the Recorded Exemption,what kind of
reliabilitythe applicant or future homeowner has,without having future problems. He stated he needs some
paperwork to show it is not just a Recorded Exemption, or a Recorded Exemption that somehow was
Grandfathered in, but there is paperwork existing that has determined there is not a flood problem. Mr.
Pickett stated that,based on the Flood Hazard Permits that have been issued,the structures are all above
the elevations allowed by the permit,although the house may still be in the floodway. Ms.Johnson stated
that, as a Condition of Approval,there is a note in the plat that no future building permits will be issued for
the structure in the floodway,therefore,notice is provided to any potential buyer of the property. Responding
to Commissioner Geile, Ms. Johnson stated, to her knowledge, there is no contract to buy or sell at this
time. Mr.Barker stated the Condition referred to by Ms.Johnson is#2.T,as well as#3 and#4. Responding
to Mr. Barker,Ms.Lockman stated Conditions#2.C and#2.T.10 require the floodway to be included on the
plat. Therefore, Mr. Barker stated,the buyer would have notification that the floodway is there and those
structures would not be eligible foranyfuture building permits,to include upgrading or repairing the septic
system. Responding to Commissioner Geile,Mr. Barker stated the plat would be recorded and would show
all those things discussed. Responding to Chair Masden,Ms.Lockman stated only those repairs that would
not require a building permit could be completed in future.
No public testimony was given. Commissioner Geile moved to vacate Use by Special Review Permit#878,
based upon the request of the applicant's attorney. The motion,which was seconded by Commissioner
Jerke, carried unanimously.
REQUEST TO W ITHDRAW ZONING PERMIT FORA MOBILE HOME,ZPMH#2385-DANIEL OCHSNER:
Commissioner Geile moved to approve the request to withdraw ZPMH #2385. The motion, which was
seconded by Commissioner Vaad, carried unanimously.
CONSIDER PROBABLE CAUSE HEARING CONCERNING USE BY SPECIAL REVIEW PERMIT#878
FORARECREATIONAL FACILITY IN THE A(AGRICULTURAL)ZONE DISTRICT-DANIEL OCHSNER
AND BARRY PAYANT: Commissioner Geile moved to dismiss said Probable Cause Hearing for USR
#878. The motion, which was seconded by Commissioner Long, carried unanimously.
CONSIDER RECORDED EXEMPTION #3502 - DANIEL OCHSNER: Commissioner Geile moved to
approve Recorded Exemption#3502 for Daniel Ochsner,with the Conditions of Approval as modified during
the previous discussion. Mr. Barker requested clarification of whether Condition #2.O is included or
Minutes, April 21, 2004 2004-1207
Page 5 BC0016
modified. Commissioner Jerke stated no agreement has been reached regarding Condition #2.O, and
Commissioner Geile withdrew his motion to allow discussion of the matter. Commissioner Jerke stated
he appreciates the applicant's expenses and the additional expenses now being required,and is concerned
about a property for which the owner cannot obtain a building permit,especially if the septic system required
repair. He stated this is a nicely improved property, and suggested the applicant be given the choice of
options between a No-Rise Certificate, CLOMAR,or LOMAR,so that when this property transfers,a new
owner would be assured the ability to do whatever they wished with the property, and would have that
security in its ownership. Commissioner Vaad stated the request of the applicant is to remove that
requirement;therefore,since the property will not transfer to anyone without full knowledge of the floodplain
and inability of the County to issue further building permits, due to the notes on the recorded plat, he
suggested deletion of Condition#2.O. In the event the septic failed the owner could,at that time,do the No-
Rise Certificate,CLOMAR,or LOMAR,and amend the Recorded Exemption. Mr.Barker agreed,and stated
there is an agreement for the shared well;however,he would like a Condition added that the well agreement
be updated and resubmitted to show the correct configuration of the lots to what is actually approved.
Commissioner Vaad moved to delete Condition of Approval#2.O,and Commissioner Geile seconded the
motion. Commissioner Jerke stated Commissioner Vaad made a great point,and any future owner could
go back and complete one of the options mentioned in#2.O to make it work;and could preclude the ability
of someone ever getting a building permit; however, by having it on the recorded plat,any potential buyer
would be aware of it through the title insurance. Ms. Lockman requested addition of Condition #2.T.5
stating, "The Floodway District is an extremely hazardous area due to the velocity of flood waters which
carry debris, potential projectiles and erosion potential." Mr. Barker recommended the addition. On a call
for the question,the motion carried unanimously. Commissioner Vaad questioned whether it is necessary
to include the additional language proposed by Ms. Lockman,that addition work cannot be done without the
No-Rise Certificate,CLOMAR,or LOMAR. He said adding another statement is not necessary and he does
not see a benefit to it. Mr. Barker stated it adds some protection for the County, since the Board is
approving a Recorded Exemption, which will be a separate lot. He stated it could be sold to anyone,
including a buyer who looks at the residential structure, and does not understand that it might flood. He
stated it would notify and warn people that are potential buyers of the property that, in fact, it is in the
floodway and that,not only will the building permits not be issued, but a flood could occur. Commissioner
Vaad stated that is a compelling argument, and Commissioner Jerke stated he is also in support of the
additional language. Responding to Chair Masden,Mr.Barker stated his request was that the well sharing
agreement be updated to reflect the lots that would be approved through the Recorded Exemption. Ms.
Lockman stated#2.E could be modified to state,"The applicant shall submit an updated joint ownership,
access and/or operation maintenance agreement for the shared well,to be approved and reviewed by the
County Attorney's Office."with no change to the second sentence. The Board concurred. Ms. Lockman
clarified for Ms. Johnson the additional language, and Ms. Johnson stated there is no objection to the
changes to Conditions of Approval.
Commissioner Geile moved to approve Recorded Exemption#3502,for Daniel Ochsner,with Conditions
of Approval as modified. The motion,which was seconded by Commissioner Vaad,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, April 21, 2004 2004-1207
Page 6 BC0016
There being no further business, this meeting was adjourned at 10:15 a.m.
BOARD OF COUNTY COMMISSIONERS
//l WELD COUNTYp�,�C�LORADO
ATTEST: ` ) �Q/��(/v ` '�� +Jr
I° "ta�1 Robert D. Masden, Chair
Weld County Clerk to the B'f d frez,.
1861William H rke, Pro-Tem
`
BY:
Deputy Clerk to the Boa '
J AI Gei e
Davi Long
Glenn Vaad
Minutes, April 21, 2004 2004-1207
Page 7 BC0016
Hello