HomeMy WebLinkAbout20032763.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
OCTOBER 1, 2003
TAPE #2003-37
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, October 1, 2003, 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 David E. Long, Chair
Commissioner Robert D. Masden, Pro-Tem
Commissioner M. J. Geile
Commissioner William H. Jerke
Commissioner Glenn Vaad
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Carol A. Harding
Controller/Treasurer, Claud Hanes
MINUTES: Commissioner Masden moved to approve the minutes of the Board of County Commissioners
meeting of September 29, 2003, as printed. Commissioner Geile seconded the motion, and it carried
unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
CONSENT AGENDA: Commissioner Geile moved to approve the consent agenda as printed.
Commissioner Masden seconded the motion, and it carried unanimously.
PROCLAMATIONS:
BREAST CANCER AWARENESS MONTH, OCTOBER 2003: Chair Long read the certificate into the
record and presented it to Megan Martinez, Department of Public Health and Environment.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
PUBLIC INPUT: There was no public input.
WARRANTS: Claud Hanes, Controller/Treasurer, presented the following warrants for approval by the
Board:
2003-2763
BC0016
All Funds $122,515.22
Electronic Transfers - All Funds $1,075,435.19
Commissioner Vaad moved to approve the warrants as presented by Mr. Warden. Commissioner Geile
seconded the motion, which carried unanimously.
BIDS:
PRESENT REBAR FOR BRIDGE#3/14 REPLACEMENT BIDS, DEPARTMENT OF PUBLIC WORKS:
Pat Persichino, Director of General Services, read the names of two vendors who submitted bids into the
record. Said bid will be considered for approval on October 15, 2003.
APPROVE WALK-IN COOLERS AND FREEZERS BID FOR THE FOOD BANK, DEPARTMENT OF
FINANCE: Mr. Persichino recommended approval of the low bid submitted from Great Lakes Hotel Supply,
in the amount of$106,863. Commissioner Vaad moved to accept said low bid. The motion, which was
seconded by Commissioner Geile, carried unanimously.
APPROVE WCR 49 CORRIDOR STUDY BID, DEPARTMENT OF PUBLIC WORKS: Mr. Persichino
stated the Department of Public Works has recommended approval of the low bid from Felsburg, Holt and
Ullevig, in the amount of$38,940. Commissioner Jerke moved to accept said low bid. The motion,which
was seconded by Commissioner Geile, carried unanimously.
NEW BUSINESS:
CONSIDER RENEWAL APPLICATION FOR 3.2 PERCENT BEER RETAIL LICENSE AND AUTHORIZE
CHAIR TO SIGN-HIGHLANDLAKE, INC.: Bruce Barker,County Attorney,stated Deputy Wagner,Sheriff's
Department, indicated no concerns with this establishment. Commissioner Geile moved to approve said
renewal application,and authorize the Chair to sign. Seconded by Commissioner Vaad,the motion carried
unanimously.
CONSIDER EXPENDITURE AUTHORIZATION MODIFICATION TO WORKFORCE INVESTMENT ACT
10%TRAINING GRANT AND AUTHORIZE CHAIR TO SIGN: Walt Speckman,Director of Human Services,
stated this is an application for additional funding to be used in the basic program area, for the term of
October 1, 2003, through June 30, 2004. Commissioner Vaad moved to approve said expenditure
modification and authorize the Chair to sign. Seconded by Commissioner Masden, the motion carried
unanimously.
CONSIDER VICTIM'S ASSISTANCE AND LAW ENFORCEMENT GRANT APPLICATION FOR
VICTIM/WITNESS PROGRAM AND AUTHORIZE CHAIR TO SIGN: GaryRathke, District Attorney's Office,
stated this is the continuation of the current grant. Responding to Commissioner Jerke, Mr. Rathke stated
the source of funds is convicted defendants ordered to pay restitution. Commissioner Geile moved to
approve said application and authorize the Chair to sign. Seconded by Commissioner Masden,the motion
carried unanimously.
CONSIDER TEMPORARY CLOSURE OF WCR 13 BETWEEN WCR 24 AND STATE HIGHWAY 66:
Frank Hempen, Jr., Director of Public works, stated this closure will be for a period of 180 calendar days
to reconstruct bridge#13/26A. He stated the detour will be State Highway 66 west to the Frontage Road
to Highway 119. Mr. Hempen stated staff has collected current traffic counts on Weld County Roads 28
and 26 ensure gravel roads to ensure whether increased traffic makes dust control measures necessary.
Responding to Commissioner Geile, Mr. Hempen stated previously when the power line relocations were
done, compensation was paid for crop damage. Commissioner Jerke stated he is concerned about dust,
particularly on Weld County Roads 39 and 44, in front of homes. He stated his preference is that the
County be proactive from the beginning rather than waiting until complaints are received,since Weld County
Minutes, October 1, 2003 2003-2763
Page 2 BC0016
Road 13 is a major transportation link in the area and this closure will alter a lot of vehicle traffic.
Commissioner Vaad agreed that dust abatement in front of homes is necessary from the beginning of the
project; however,with the assistance of future traffic counts, if increased traffic does not warrant it, there
would be no need to continue it. Commissioner Geile agreed and stated the County may find alternative
haul routes are being utilized. Commissioner Gene requested Mr. Hempen communicate with those living
on Weld County Road 26 to ensure they are satisfied. Commissioner Masden stated he agrees it would
be beneficial to be proactive with dust control, and Chair Long made it unanimous. Commissioner Geile
moved to approve said closure. The motion, which was seconded by Commissioner Vaad, carried
unanimously.
CONSIDER TEMPORARY CLOSURE OF WCR 66 BETWEEN WCRS 33 AND 35: Mr. Hempen stated
this is a request from the Ogilvie Ditch Company to close Weld County Road 66 to reconstruct an outflow
structure for Seeley Lake, to consist of a spillway flowing into a box culvert under Weld County Road 66.
He stated the project will take about four weeks to complete,and a traffic detour plan has been submitted,
which is in compliance with all regulations. Commissioner Vaad moved to approve said closure. The
motion, which was seconded by Commissioner Jerke, carried unanimously.
CONSIDER ACCEPTANCE OF CONSERVATION EASEMENT FOR CHALLENGER RANCH AND
AUTHORIZE THE CHAIR TO SIGN - ALBERT CHALLENGER: Mr. Barker stated this is similar to a
previous Conservation Easement executed by Albert Challenger,and is for Lots A and B. Mr. Challenger
stated the area originally given consists of 12 acres and it contains the heron rookeries, whereas, this
additional 28 acres is wetlands to support the rookeries. He stated this is a valid way of trying to preserve
the area for wildlife in the future; which is especially important in light of all the gravel mining currently
moving into the area. Commissioner Geile moved to accept said Conservation Easement and authorize
the Chair to sign. Seconded by Commissioner Vaad, the motion carried unanimously.
CONSIDER RECOMMENDATION OF APPOINTMENTS TO LOCAL JUVENILE SERVICES PLANNING
COMMITTEE: Commissioner Vaad moved to recommend the appointment of John Gates as the School
District#6 representative,to replace Norma Eitemiller. The motion,which was seconded by Commissioner
Jerke, carried unanimously.
PLANNING:
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR
IMPROVEMENTS (PRIVATE ROAD MAINTENANCE), AUTHORIZE CHAIR TO SIGN, AND ACCEPT
COLLATERAL FOR MF#589 - GRIFFITH MINOR SUBDIVISION, C/O RIC HANSEN: Sheri Lockman,
Department of Planning Services,stated the applicant has submitted a letter confirming an escrow account
has been established with Centennial Bank of the West,in the amount of$49,851. Don Carroll, Department
of Public Works,stated the transportation portion is adequately estimated. Commissioner Vaad moved to
approve said agreement,accept collateral,and authorize the Chair to sign. Seconded by Commissioner
Jerke, the motion carried unanimously.
CONSIDER RECORDED EXEMPTION#3617-SANDRA FRASIER(CON'T FROM 09/24/03): Michelle
Katyryniuk, Department of Planning Services,stated one mobile home and a few outbuildings currently exist
on this 40-acre lot. The lot was deeded to Sandra Frasier on November 9, 1999,after approval of Use By
Special Review Permit#902,which allowed a single-familydwelling unit on a lot under the minimum lot size
in the A(Agricultural)Zone District. Ms. Katyryniuk stated staff has recommended denial based on Section
24-8-40.A through C of the Weld County Code. She stated the applicant submitted a well permit for two
homes prior to this hearing,and the applicant is proposing a shared septic system,although the homes are
on legally separate lots. Ms. Katyryniuk stated the applicant currently has an access easement to her
home; however, the easement reserves the right of the grantor to add any additional easements. Jason
Meyer,the grantor of the easement,has refused to grant additional easements for new lots. However,an
Minutes, October 1, 2003 2003-2763
Page 3 BC0016
access easement has been obtained from another surrounding property owner, Bill Danks. If approved,
staff recommends addition of a Condition of Approval prior to recording the plat to state,"The applicant shall
vacate Use By Special Review#902." Ms. Katyryniuk stated correspondence from surrounding property
owners has indicated opposition to this Recorded Exemption. Responding to Commissioner Jerke, Ms.
Katyryniuk stated the Use By Special Review was to allow a single-family residence on a lot less than the
minimum lot size in the Agricultural Zone,therefore,with the Recorded Exemption there would be no use
for that permit,and staff's recommendation of denial is based on issues with the well permit,shared septic
system,and access easements. Ms. Katyryniuk clarified that at the time of application,the well permit was
only for one single-family dwelling. Responding to Commissioner Jerke about whether the well issue is
solved because of the well permit for two houses received from the Division of Water Resources, Mr.
Barker clarified it is for two houses; however, the houses would have to be adjacent to each other on
separate lots,to share one single well. Pam Smith, Department of Public Health and Environment,stated
there is an existing septic permit on Lot A,where the existing home is located,which is sized large enough
for a five-bedroom home. Ms. Smith stated, pursuant to Section 30-2-180.G, Weld County Code, no
permits shall be issued for systems which permit the drainage of effluent off the property of origin,therefore,
each legally established lot must have its own separate system. She stated that in the application, Ms.
Frasier stated the existing home is four bedrooms and she is proposing the new mobile home with three
bedrooms. According to the way septic permits are sized,there would be a total of seven bedrooms served
by one septic system, which is adequate for five bedrooms, indicating if reviewed in this manner, it is
undersized. Responding to Chair Long, Ms. Smith clarified staff recommends two separate systems;
however, if the Board chooses to approve sharing of the current system, it is undersized and will need to
be brought up to Code. Responding to Commissioner Vaad, Ms. Katyryniuk stated Lot A is five acres and
Lot B is 35 acres in size, and Ms. Smith stated it would cost at least$1,000 to expand the septic system.
Responding to Commissioner Geile, Ms. Katyryniuk reiterated the house located on 40 acres was permitted
as a single-family dwelling through Use By Special Review#902; however,this request is to divide the 40
acres into two lots of five acres and 35 acres in size. Don Carroll,Department of Public Works,stated staff
requested right-of-way or easement for access to a landlocked parcel,which has been done; however, if
approved,this Recorded Exemption will create an additional lot,which creates problems with the adjacent
property owner who does not want the existing access to access two residences instead of the one for
which it was intended.
Sandra Frasier,applicant,stated the septic system has been adequate for the past few years,during which
time she and her husband have been raising four children,as well as having his mother live with them. She
stated they have it pumped as needed, and maintain the system will still be adequate with the addition of
the second family of Mr. Frasier's son and his family. She stated the son will use four bedrooms;however,
Ms. Frasier will only use one. Commissioner Jerke stated that this action would create two separate
properties,which could be deeded to another party in the future;resulting in the ability of any deeded owner
to sell one of the lots to an outside party; therefore, he stated each property needs a stand alone septic
system,and questioned whether the applicant is willing to add a Condition of Approval to require two septic
systems. Ms. Frasier stated they could do that in the future; however, she requested approximately six
months to complete. Responding to Commissioners Masden and Geile, Ms. Frasier stated the Use By
Special Review Permit was for the medical hardship of the original owners, and the mobile home is not
currently located on the property. Responding to Commissioner Geile,Ms.Smith stated the current septic
system is okay for the current residence; however, a new modular home will require a new system. Ms.
Frasier stated she agrees to add a new septic system; however, she needs a six-month time frame in
which to accomplish the installation. Responding to Commissioner Geile, Ms. Smith stated it is difficult to
add a six-month time frame,since the applicant is required to show an application fora septic permit before
being issued a Building Permit. After discussion, Mr. Barker suggested revising the first sentence of
Condition of Approval #1 to state, "A separate Weld County septic permit is required for each proposed
home." Commissioner Jerke concurred with Mr. Barker's suggested change,stating time is irrelevant,and
the lot needs to carry the burden with it. Responding to Chair Long, Mr. Barker stated a separate action is
Minutes, October 1, 2003 2003-2763
Page 4 BC0016
recommended for the vacation of Use By Special Review Permit#902; however, it should be included as
a Condition of Approval of the Recorded Exemption. Ms. Frasier ascertained she is willing to vacate the
Use By Special Review Permit.
Tamara Hendrick, daughter-in-law of the applicant, stated she and her husband are purchasing the five
acres with the home, and she requested the Board allow them to share the septic system for six months.
After discussion, Commissioner Jerke stated it should not be a difficult question, since the family will be
sharing space for only a short period of time; however,the relevant issue is the creation of a new lot which
requires a new septic system. Responding to Commissioner Geile, Mr. Barker stated the language cited
above would be appropriate to clarify that each proposed home would require its own septic system. Mr
Barker also stated Condition of Approval #2 is inaccurate, and the first sentence should be deleted and
state, "A single domestic well permit has been issued by the State of Colorado, Division of Water
Resources,to serve two separate houses on the master parcel being split into Lot A and Lot B through this
Recorded Exemption. Property owners are advised that the quality of water available for usage is limited
to specific uses, i.e. 'Domestic Use Only'," with the rest of the condition as drafted. He also stated
Condition of Approval#3.1.7 should have the same language; and Condition of Approval#3.J should be
added to read, "The applicant shall provide to the Department of Planning Services, a signed easement
agreement between Bill and Noblet Danks and the applicant for access to Lot A."
Chair Long verified the board concurs with the revisions as stated by Mr. Barker,and that Ms. Frasier is in
agreement with the Conditions of Approval. Commissioner Jerke moved to approve the request of Sandra
Frasier for Recorded Exemption#3617 with the Conditions of Approval as amended. The motion,which
was seconded by Commissioner Vaad,carried unanimously. Mr. Barker stated the vacation of USR#902
will be brought before the Board in a separate action.
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 respectfullysubmitted by
the Acting Clerk to the Board.
There being no further business, this meeting was adjourned at 10:05 a.m.
BOARD OF COUNTY COMMISSIONERS
COUNTY, COLORADO
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Minutes, October 1, 2003 2003-2763
Page 5 BC0016
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