HomeMy WebLinkAbout20042733.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
SEPTEMBER 13, 2004
TAPE #2004-40
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, September 13, 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- EXCUSED
Commissioner William H. Jerke, Pro-Tem
Commissioner M. J. Geile - EXCUSED
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 Vaad moved to approve the minutes of the Board of County Commissioners
meeting of September 8, 2004, 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 September 8, 2004, as follows: 1) Major Subdivision Final Plan, MJF #1062, JER, a
partnership; 2) PUD, PF#594, Todd Muckier, Debra Eberl-Muckler, and Eli Krebs; and 3) COZ#1000,
Stenerson,Olson and Lowry Development, LLC. 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 Long moved to approve the consent agenda as printed.
Commissioner Vaad seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
2004-2733
BC0016
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WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $980,867.18
Commissioner Long moved to approve the warrants as presented by Mr. Warden. Commissioner Vaad
seconded the motion, which carried unanimously.
OLD BUSINESS:
CONSIDER REVISION OF 1-25 MIXED USE DEVELOPMENT AREA STRUCTURAL PLAN MAP 2.2,
STRUCTURAL TRANSPORTATION NETWORK(CON'T FROM 09/08/04): Frank Hempen,Jr., Director
of Public Works, stated this is a change to the MUD Structural Classification Plan, or Roadway
Classification Plan,which was originally approved in 1996 or 1997. He stated that, based on traffic studies
done since that time,some of the roadway classifications are inappropriate. He specifically reviewed Weld
County Road 7.5, stating it was originally a 4-lane major arterial and it is currently being proposed as a
4-lane minor arterial, and it will require 100 feet of right-of-way reservation. Mr. Hempen stated that Weld
County Road 7.5 west of the Idaho Creek Subdivision has been partially constructed,and that further south,
near the gravel pit owned by Mr. Kobobel,a 50-foot easement was required. Mr. Hempen stated the Town
of Frederick has also requested an easement of 60 feet for the area north of Weld County Road 20 and east
of the Rinn Valley Ranch. Mr. Hempen stated that, concerning the pending Recorded Exemption for
property at Weld County Roads 7.5 and 20, the appropriate classification plan to be applied would be in
question. He stated that there is a need for a continuous right-of-way somewhere to connect Weld County
Road 20 to State Highway 119,and it appears to be appropriate to have a network of roads,rather than one.
Responding to Commissioner Vaad regarding the difference between dedication and designation, Mr.
Hempen stated dedications are often requested during the approval process of a municipality; however,the
County generally requests reservations. He stated a 60-foot right-of-way should be attached to the
Recorded Exemption parcel. Responding further to Commissioner Vaad,Mr. Hempen stated Weld County
Road 7.5 on the west side of Idaho Creek was constructed with a curve to enhance the subdivision
landscaping and overall look. Commissioner Vaad suggested the same might be appropriate for the
witness who spoke at the previous meeting,and it might be an accommodation to break up the straight view
of 2.5 miles. Mr. Hempen stated that if the change is approved, a 100-foot reservation will be required,
therefore,since the Town of Frederick is requiring 60 feet,the Recorded Exemption applicant would have
to reserve 40 feet. Responding to Chair Pro-Tem Jerke, Mr. Hempen stated this is for the Mixed Use
Development area and Weld County Road 7.5 is not currently developed north of 20.5, neither is it a
strategic road. He stated Weld County Road 7 is the strategic road for the area, and classification of 7.5
is to accommodate the increased urban development in the future. Responding further to Chair Pro-Tem
Jerke,he stated the bulk of the construction of this road will be by developers, under County guidelines. Mr.
Hempen also stated staff is not currently proposing any funds be spent on this road; however, the
municipalities may accelerate projects on their sections. Responding to Chair Pro-Tem Jerke, Mr. Hempen
sated that Weld County Road 7.5 would not create problems north of State Highway 119,since this is only
a classification plan,and if the Colorado Parks and Recreation Department has no need for it,the road will
never be constructed. However, Mr. Hempen stated, in the future,some type of classification plan may be
requested from the Parks Department. Chair Pro-Tem Jerke clarified that it would be some type of internal
roadway system,and the Parks Department would have a major say about the development. Mr. Hempen
stated that Weld County Road 24.5 goes to the east, and there are some other roads currently existing to
the Barbour Pond area.
Sharon Young, resident on Weld County Road 20, stated she is the applicant for Second Amended
Recorded Easement#2975 which was referred to by Mr. Hempen. She referenced a copy of her plat,
showing that the required reservation would take one-third to one-half of the width of her Lot B and, after
taking into account the setbacks for buildings and the septic system from the reserved right-of-way,the lot
Minutes, September 13, 2004 2004-2733
Page 2 BC0016
would be unbuildable. She stated Amended Recorded Exemption#2975 placed the reservation of 55 feet
along the east side of her property,with an additional 20 feet on the south. Ms.Young stated she has tried
to sell the property since that time, although she has had no success in doing so. She stated there is a
25-year old modular and a shed/garage currently on Lot B,although the reservation dissects the shed and
is 25 feet from the modular. Ms.Young stated the geographical layout of the lot only allows room for a trailer
after all the reservations and setbacks are considered. Responding to Chair Pro-Tem Jerke, Ms. Young
stated there is a new two-story, 2,600 square foot home on Lot A, and the two lots share the access from
Weld County Road 20. She stated there is approximately 20 or 25 feet between the east side of the house
on Lot A, and the west line of Lot B. Ms. Young stated Weld County Road 22 is not constructed west of
1-25, it only exists on the east side. She also stated the Rinn Subdivision has access to Weld County
Roads 20.5, 7, and 20. Ms. Young stated last week she was not able to get a preliminary plat when she
requested it from the Town of Frederick. She also discussed many various small parcels included in the
Mixed Use Development area(MUD), as well as businesses, highways, and subdivisions; and stated the
small developed parcels should be given equal consideration. Ms.Young stated that a 40-foot reservation
is not acceptable to her; however, if this plan is approved, she would like to be paid immediately. She
suggested there might be ways to curve the roads, or instead of four lanes, maybe make it two lanes with
an acceleration/deceleration lane. She reiterated the large reservations make one of her lots of little value.
Responding to Chair Pro-Tem Jerke, Ms.Young stated she has owned this property for five years,and she
is not aware of why the property is configured as it is, other than the practice of removing the corners from
a farming parcel. She stated the ditch does follow the west boundary,which must have defined the shape
of the parcel. Bruce Barker, County Attorney, stated with the purchase of 40 feet of right-of-way, any
buildings which need to be moved or purchased,would be included in the price, as well as a calculation for
the diminished value for the remainder of the property;with damages calculated for proximity. He stated
the reservation only shows where the setback line starts,and for future arterial lines,any setbacks will have
to be calculated from that line. However,he stated the reservation is not a taking of right-of-way at this time.
Responding to Chair Pro-Tem Jerke, Mr. Barker stated the county will pay the fair market value,and Weld
County very seldom condemns property,since they are usually successful in negotiating a fair market value
agreeable to the property owner. Ms.Young stated she does understand the differences of the reservation
and dedication.
Commissioner Vaad moved to approve the resolution adopting the revision to the 1-25 Mixed Use
Development Area Structural Plan Map 2.2,Structural Transportation Network. The motion was seconded
by Commissioner Long. Commissioner Vaad stated he is in support of this revision because, even with
deference to the previous conversation,the map clearly needs to be revised, and major networks need to
be coordinated. He stated he appreciates the preceding discussion and Mr. Barker's explanation regarding
the process when a lot becomes unbuildable, and it appears the property owner will be fully compensated
for that happening. On a call for the motion, it carried unanimously.
NEW BUSINESS:
CONSIDER GRANT CONTRACT FOR ENERGYAND MINERAL IMPACT ASSISTANCE PROGRAM AND
AUTHORIZE CHAIR TO SIGN-MOUNTAIN VIEW WATER ASSOCIATION: Mr.Warden stated this is an
Energy Impact Grant for the reconstruction of water lines, replacement of water meters, and the purchase
of a remote water meter reading system for the Mountain View WaterAssociation system in Weld County.
He stated the project was necessitated by the Weld County Road 13 project; however, the Association
determined that it would be an appropriate time to make other upgrades. Mr. Warden stated the grant is
$185,080, the Association will fund $55,000, and the County will provide gravel and fill materials.
Responding to Chair Pro-Tem Jerke, Mr.Warden stated the only reason the County is involved in the project
is because of the Weld County Road 13 Project. Commissioner Long moved to approve the contract. The
motion, which was seconded by Commissioner Vaad, carried unanimously.
Minutes, September 13, 2004 2004-2733
Page 3 BC0016
PLANNING:
CONSIDER RECORDED EXEMPTION #3853 - LEROY AND PATTY PETERSON: Jacqueline Hatch,
Department of Planning Services,stated on July 16,2004, Recorded Exemption#3853 was conditionally
approval by staff. She stated the applicant submitted a letter dated August 20, 2004, requesting deletion
of Condition of Approval 4.J.6,which states the existing well on Lot B shall not be shared. Ms. Hatch stated
that the Board has indicated that applications which include shared wells are be forwarded to it for review.
She stated this is a 15 acre parcel, with proposed lots of 2.6 and 12.5 acres, and two homes currently
existing. She stated the second home was originally permitted by ZPMH#345 for a temporary accessory
to the farm mobile home. Responding to Chair Pro-Tem Jerke, Ms. Hatch stated both homes have been
operating on the same well since 1980. She also stated the applicant has had the well checked and it has
held up well. Mr. Barker stated the key to shared wells is the timing of well permits. He explained the
Division of Water Resources will not permit a well which is shared by two lots; however, since this well
permit is already in place and the two homes have been sharing it, it should be a workable solution with the
State. He stated the County does not draft shared well agreements for individuals;however,he can provide
an example of one that worked in past. Mr. Barker stated that agreement can then be recorded and
attached to the property by its recordation, which should be a required Condition of Approval for the
Recorded Exemption. Responding to Chair Pro-Tem Jerke, Ms. Hatch stated there is also a shared
driveway; however, the easements will be shown on the plat, and everything else meets all Conditions.
Responding to Commissioner Long regarding receipt from the State of verification that the well is at an
appropriate capacity, Mr. Barker said the State will not issue or modify the permit until the Recorded
Exemption has been done. He said the State can provide information about the type of permit and amount
of water that is there,and it is important to know for determination whether both properties can exist on one
well. Mr. Barker reiterated the State will not give determination at that point.
Patty Peterson, applicant, stated they recently had the well checked,and the water level has not changed
at all. She stated it is a good well,and the agreement will be to equally share the well, including expenses,
in perpetuity. Ms. Peterson stated the well has been adequately providing water for both homes, and the
easements and other Conditions have been met. Ron Graff,who lives in the mobile home, stated that a
new well would be within 100 feet of the other, and both would be within the same pool of water. He said
when the well was tested, it was determined that there has been no change in water level, and he stated
nothing will change on either property. Responding to Chair Pro-Tem Jerke, Mr. Graff stated the electric
meter is separate, and they equally share the expense. Responding to Commissioner Vaad, Mr. Barker
stated it would be appropriate to amend Condition of Approval 4.G to read,"The applicant shall provide to
the Department of Planning Services,evidence of the recording in the Office of the Weld County Clerk and
Recorder, a water well sharing agreement between the owners of Lots A and B for the joint use and
maintenance of a water well located on Lot B." Commissioner Vaad moved to approve the exemption with
the modification as discussed. The motion, which was seconded by Commissioner Long, 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, September 13, 2004 2004-2733
Page 4 BC0016
There being no further business, this meeting was adjourned at 10:05 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
��� , 46/14,4 EXCUSED
Robert D. Masden, Chair
. �+ pn�•�� k to the Board
1961
'•++``/ /���/ / William H. Jerke, Pro-Tem
Ge tot eBoard EXCUSED
M. .
David E Long
i
Glenn Vaad
Minutes, September 13, 2004 2004-2733
Page 5 BC0016
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