HomeMy WebLinkAbout20031878.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JULY 21, 2003
TAPE #2003-28
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, July 21, 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 - EXCUSED
Commissioner M. J. Geile
Commissioner William H. Jerke
Commissioner Glenn Vaad - EXCUSED
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 Jerke moved to approve the minutes of the Board of County Commissioners
meeting of July 16,2003,as printed. Commissioner Geile seconded the motion,and it carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Geile moved to approve the Certification of Hearings
conducted on July 16, 2003, as follows: 1) Use by Special Review Permit #1427 - Manuel and Anita
Sanchez and Maurilio Navarro c/o Rito Gallardo, 2) Minor Subdivision Final Plan, MF#603-Harold and
Doris Buxman and Don and Lisa Buxman, Go AGPROfessionals, LLC. Commissioner Jerke seconded
the motion, which carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
CONSENT AGENDA: Commissioner Jerke moved to approve the consent agenda as printed.
Commissioner Geile seconded the motion, and it carried unanimously.
PUBLIC INPUT: There was no public input.
2003-1878
BC0016
WARRANTS: Don Warden, Director of Finance and Administration, presented the following warrants for
approval by the Board:
All Funds $663,305.06
Commissioner Geile moved to approve the warrants as presented by Mr.Warden. Commissioner Jerke
seconded the motion, which carried unanimously.
OLD BUSINESS:
CONSIDER MASTER CONTRACT FOR EMERGENCY MANAGEMENT FUNDING AND AUTHORIZE
CHAIR TO SIGN - COLORADO DEPARTMENT OF LOCAL AFFAIRS, DIVISION OF LOCAL
GOVERNMENT(OEM), (CON'T FROM 07/14/03): Margie Martinez, Undersheriff, stated Department of
Justice funds now go through the Homeland Security Office,which is where FEMA has been placed on a
Federal level. This contract eliminates monies having to go through the Colorado Office of Emergency
Management. Commissioner Geile moved to approve said contract and authorize the Chair to sign.
Seconded by Commissioner Jerke, the motion carried unanimously.
NEW BUSINESS:
CONSIDER RENEWAL APPLICATION FOR RETAIL LIQUOR STORE LICENSE AND AUTHORIZE CHAIR
TO SIGN-RLF,INC., DBA CJ'S LIQUORS:Mr.Barker stated Deputy Tuttle has no concerns regarding this
renewal and recommended approval. Responding to Commissioner Jerke, Mr. Barker stated this facility
was definitely not part of the recent state sting operation; further, there were no Weld County licensed
outlets on the list that was targeted by the sting. Commissioner Jerke stated he will not vote for renewal
for anyone selling to minors. No public testimony was given. Commissioner Geile moved to approve said
renewal and authorize the Chair to sign. Seconded by Commissioner Jerke, the motion carried
unanimously.
CONSIDER RENEWAL APPLICATION FOR HOTEL AND RESTAURANT LIQUOR LICENSE AND
AUTHORIZE CHAIR TO SIGN-SIMON CORP,DBA SIMON'S BAR AND GRILL: Mr.Barker stated Deputy
Tuttle has no concerns; however,there is a concern from the Department of Planning Services regarding
outstanding building permits that had been issued and expired over time for which final inspections were
not completed. Mr. Barker explained that Mr. Ryu leases the facility and only one building permit was for
interior work for the restaurant; however, the other incomplete permits were issued to the owners of the
building. Commissioner Jerke stated he remembers there was an inspection problem the last time this
license was renewed,and it still exists. Responding to Commissioner Geile,Mr. Barker stated the license
expired on May 29, 2003; however, there is a 90-day extension period. Responding further to
Commissioner Geile,Mr. Barker stated the problem is with the timing of the interior work. He noted Bethany
Salzman, Department of Planning Services,received an e-mail to which she responded with the action to
be taken, and an engineering company has been retained, although the timing is unclear. Simon Ryu,
licensee,stated he has received a letter,and the landlord is working on getting the building permit problems
solved. Commissioner Geile stated the Board is then in a position of having to set the matter for hearing,
since it cannot be approved with the building permits incomplete,and the issue could be resolved prior to
the hearing date. Mr. Barker stated there are two separate issues,the building permits and the Site Plan
Review,for which the owner is responsible. He further stated the Site Plan Review does not have anything
to do with the interior; there were only two items concerning the licensed premises interior-- restrooms
and a hood over the stove. Mr. Barker stated if Mr. Ryu would follow up with those two items,he would be
satisfied with following the normal violation process for the other. CommissionerJerke stated that,because
of the large loss of life in fires back east, he is not comfortable approving the renewal until it is completely
resolved. He reiterated this was a problem last year and it still has not been corrected,and there is leverage
over the landlord,who will lose a tenant if it does not get solved. Mr. Ryu stated his landlord said she was
told to get a Site Plan Review before anything else, and she does not understand what that is; therefore,
Minutes, July 21, 2003 2003-1878
Page 2 BC0016
My. Ryu is helping them out. Commissioner Geile stated it does not appear that it can be resolved within
two weeks;therefore,he would prefer to set the matter for hearing. Mr.Barker stated he received an e-mail
indicating Park Engineering said that Mr. Ryu is trying to proceed with the Site Plan Review and completion
of the building permits to bring the facility into compliance. No public testimony was given. Responding to
Commissioner Jerke, Mr. Barker stated a hearing would be necessary concerning the non-renewal of a
liquor license. Commissioner Jerke moved to set a hearing for the non-renewal of a liquor license in 90
days. Commissioner Geile seconded the motion. Commissioner Jerke stated that,even though it might
not be fair,running a facility that ends up having building code violations that have not been rectified is not
an option. Even though the restaurant side is separated from the motel side,this is our form of leverage
to get the situation taken care of. Commissioner Jerke further stated the Board showed patience last year
when this situation came up at renewal time; however, nothing has been accomplished to rectify the
problem and it has been a full year.Commissioner Geile stated it does create a dilemma because the two
facilities are not separate buildings;therefore,this still could cause safety issues to people inside the facility.
Chair Long clarified the date of the hearing would be October20,2003,at 9:00 a.m. Mr. Barker stated the
90-day period in the state Statute deals with those people who have forgotten to get renewals;however,this
would be going into the hearing process, and we can extend it. On a call for the vote,the motion carried
unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF A
PORTION OF WCR 69 AND AUTHORIZE CHAIR TO SIGN-MARK MAGNUSON:Don Carroll,Department
of Public Works,stated this agreement is a result of Recorded Exemption#3531,and it would allow access
to an 80-acre parcel, one mile north from Weld County Road 80 on the section line which would be Weld
County Road 69 if there were a road in place. Mr.Carroll stated the applicant has shown notification of all
adjacent property owners, and he has not received any phone calls in opposition. Responding to
Commissioners Geile and Jerke,Mr.Carroll stated the Recorded Exemption is in process,this is contingent
on the approval of the Recorded Exemption,and we do have 60 feet of right-of-way. No public testimony
was given. Commissioner Jerke moved to approve said agreement and authorize the Chair to sign.The
motion was seconded by Commissioner Geile, and it carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF A
PORTION OF WCR 39 AND AUTHORIZE CHAIR TO SIGN -CARLOS OJEDA, SERGIO OJEDA,AND
MARCELINO OJEDA: Mr. Carroll stated this is to allow more effective access to a parcel of land
approximately north of Weld County Road 10 on Weld County Road 39. He stated the parcel of land is
directly west of the English Feedlot, and there are not any east-west connecting roads through to this
property. Mr. Carroll displayed photographs of the intersection and stated the feedlot has been using
non-maintained roads and there is 30 feet of right-of-way available only in Section 8,which is on the east
side of Weld County Road 39. Mr.Carroll stated he contacted the applicant and English Feedlot,and both
are present. Sergio Ojeda,stated they have requested this agreement because they are landlocked,and
they are hoping to build a home on their property in the future. Responding to Commissioner Jerke and
Chair Long,Mr.Ojeda stated there is a small pond of water on the property,and no oil activity is occurring.
Mr.Carroll stated the applicant is currently using the ditch road to access the property from the north. Mrs.
Sergio Ojeda stated they were misinformed by the previous owner, who told them they were allowed
access through the English Feedlot;however,the feedlot asked them not to,so they were accessing from
Weld County Road 12,which is now posted as private. The owners have asked the Ojeda's not to use their
private road,and the Ojeda's are trying to access their property from the correct access. Tom Barrowman,
English Feedlots, stated the access agreement dated back to when the parcel was one unit. At first the
feedlot was letting the owners through from Weld County Road 10; however, the parcel was then split in
two and a large barn and arena were built on this parcel. They are currently holding rodeos,which cause
traffic problems, alcohol misuse,and brings individuals who have no respect for private property into the
area. Mr. Barrowman stated the events have continued since the sale of the property to the Ojeda's. He
further stated cattle are right next to the feedlot fence, and they have no way to eliminate or police the
Minutes, July 21, 2003 2003-1878
Page 3 BC0016
problems. He also said there is a low spot on this portion of the roadway which increases the traffic
problems,especially when it rains;therefore people cannot be allowed to drive in and out of the feedlot. Mr.
Barrowman stated items have been stolen from the feedlot, and the owner felt it best to simply cut off all
access. Responding to CommissionerJerke,Mr.Barrowman stated original access was granted in August
of 1995; however, it was a verbal agreement with a previous owner. After having that verbal agreement,
the owner did not pursue a written easement or access agreement;therefore,it was sold without provision
for access being made. Responding to Chair Long, Mr. Ojeda stated they were asked to quit accessing
through the feedlot. Responding to Commissioner Jerke, Mr. Barker stated this is not an easement by
adverse possession since that would require continual use for a period of 18 years. A Use By Special
Review Permit is necessary to conduct rodeos on land zoned agricultural, and this application could be
rolled into an application for a Use By Special Review Permit. Mr.Ojeda stated he agreed with everything
Mr.Barrowman stated regarding entrance to the property;however,after he purchased the property,he was
only allowed to access from the feedlot for two weeks before that access was denied, and he has not
conducted any rodeos or events since the Weld County Road access was taken away. Mrs.Ojeda stated
there is no horse racing occurring; however,they do have a big family with ten siblings and many people
come to various family events. She stated she is not sure what happened before;however,since May23,
2003,when they purchased the property,there have been no problems. Responding to Chair Long, Mr.
Ojeda reiterated there is no money exchanging hands,no horse racing or rodeos,only family activity. Mrs.
Ojeda stated there is a big party planned for August 3,2003,for her daughter's birthday,and there will be
lots of people and activity occurring. She reiterated for Commissioner Geile that this is not a commercial
venture. Responding to Commissioner Geile,Mr.Barker stated the matter can be continued to allow staff
to try to work out an agreeable solution. Commissioner Geile moved to continue this matter to August 4,
2003, at 9:00 a.m., to allow staff time to explore other possibilities. The motion,which was seconded by
Commissioner Jerke, carried unanimously.
CONSIDER ENTRY UPON VARIOUS LANDS BY WELD COUNTY VEGETATION MANAGEMENT
SPECIALIST: Mr. Hempen stated he is asking for the authority for staff to enter the particular properties
listed in the draft resolution. Commissioner Geile moved to approve said entry. Commissioner Jerke
seconded the motion, which carried unanimously.
CONSIDER AGREEMENT FOR PROFESSIONAL ENGINEERING CONSULTING SERVICES AND
AUTHORIZE CHAIR TO SIGN-CRAIG HOUDESHELL,P.E.: Mr. Hempen stated this is an agreement for
on-call professional services to assist in review of complex drainage and hydrological survey problems.
He further stated this contract is utilized primarily for review of complex land use development applications,
and the service has been provided bya different company in the past. Responding to Commissioner Jerke,
Mr. Hempen stated the funds are budgeted for this year. Commissioner Geile moved to approve said
agreement and authorize the Chair to sign. The motion was seconded by Commissioner Jerke, and it
carried unanimously.
CONSIDER AGREEMENT FOR 2003 PAVEMENT TESTING PROGRAM AND AUTHORIZE CHAIR TO
SIGN-STANTEC CONSULTING,INC.: Mr.Hempen stated this is an on-going agreement for the pavement
management system,in the amount of$39,934.00.CommissionerJerke moved to approve said agreement
and authorize the Chair to sign. Seconded by Commissioner Geile, the motion carried unanimously.
CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO WCR15, ACCEPT QUIT CLAIM DEED, AND ACCEPT TEMPORARY
CONSTRUCTION EASEMENT AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS-ANN
DESERAN AND ALDEN HILL: Mr. Hempen stated this is for the purchase of right-of-way for the Weld
County Road 15 improvement project north of Windsor. The Agreement includes the acquisition of a little
over 4.4 acres of land,construction of a new irrigation lateral to replace the existing one, replacement of a
tile line,replacement of 1,400 feet offence,a 66 inch underpass,and a temporary construction easement.
Minutes, July 21, 2003 2003-1878
Page 4 BC0016
Responding to Commissioner Jerke, Mr. Hempen stated $33,100 is the acquisition cost only and no
wetlands were found. Commissioner Jerke moved to approve said agreement and accept said deed and
easement,and authorize the Chair to sign all necessary documents. Commissioner Geile seconded the
motion, which carried unanimously.
PLANNING:
CONSIDER MOBILE HOME PERMIT, ZPMH #2375, FOR A MOBILE HOME TO BE USED AS A
TEMPORARY ACCESSORY TO THE FARM- DAVID AND KAREN TAYLOR: Chair Long explained the
option of continuing this matter to the applicant, with only three Commissioners present; however, the
applicants stated they prefer to have the case heard today. Wendy Inloes, Department of Planning
Services, stated the mobile home would be located on a ten-acre parcel. She stated the Department of
Planning Services is recommending denial,since the applicant has not shown the occupant of the additional
dwelling is principally employed on the site and the parcel size of ten acres is less than the minimum lot
size in the Agricultural Zone District. Dave Taylor,applicant, stated they did have 50 acres; however, his
wife's father sold the majority of the land to a developer,therefore,they had to move the cattle. He stated
there has been a mobile home on the parcel since 1984,and they planned to upgrade the existing mobile
home to a new home. Karen Taylor, co-applicant, stated a housing development wraps around their
property,and in the past kids have hopped over the fence and let the cattle out;therefore,they need to be
watched 24 hours a day. She stated they have two breeding Brahma bulls and if one got out, it could be
a catastrophe if no one was there to handle the cattle. Ms. Taylor stated her daughter,who knows how to
deal with the livestock,will live in the mobile home. She further stated they have barrel-racing horses,and
need the security of having someone there if something would happen,since there are residences all the
way around them. Mr. Taylor stated they are gone almost every weekend,since his wife barrel races,and
they do not raise any crops. Ms. Taylor stated the trees provide screening,the horses are kept in lean-to's,
and the fencing is in good shape. Responding to Commissioner Geile, Mr. Taylor stated there is no
pending application for Mead to annex,although Mead does want them to annex. Responding further to
Commissioner Geile, Mr. Taylor stated that even though they are entitled to 40 animal units,they do not
keep that many because of kids in the housing development;and their principal dwelling is located on this
property, as well as the mobile home,which was permitted approximately 15 years ago. Responding to
Commissioner Geile, Mr. Taylor stated there are nine horses, six or seven cow/calf pairs, and two bulls
on the property; however, they rotate the animals on a separate property. He stated the daughter would
check the livestock and move any that might be sick. Commissioner Geile explained that a Temporary
Accessory to Farm Permit is reviewed annually, and if the function goes away, the mobile home permit
goes away. Mr. Taylor stated he understands that;however,the mobile home has been there so long, he
does not understand how they can be required to get rid of it. Ms. Taylor stated the Mayor Mead has been
interested in this property, and she is sure that is why they were asked to annex into Mead. Responding
to Commissioner Jerke, Mr. Taylor stated they do have 1/16th share of 1/4 share Highland Water for
irrigation water, since Ms. Taylor's parents had the other part of it. Ms. Taylor stated there is enough to
irrigate the pasture, and city water is used to water the animals. Responding further to Commissioner
Jerke, Ms. Taylor stated their daughter works temporarily at a trust company; however, she is at home
today. She stated they do not need twenty-four/seven coverage, just someone checking the cattle
frequently. Ms. Taylor stated it is unbelievable how many people drive onto their property who do not belong
there. Ms. Inloes stated that years ago(around 1978)the gentleman who owned the property before the
Taylor's had a mobile home he was using as an office/lab and the property should not have been sold with
both homes on it. Mr.Taylor stated it was permitted at one time. Commissioner Geile moved to approve
said Zoning Permit for a Mobile Home, ZPMH#2375,for David and Karen Taylor,with the Conditions of
Approval as proposed by staff. Commissioner Jerke stated he will not second that motion at this time,
because a temporary accessory to farm is specifically for full-time farm help;and although the applicants
are somewhat victims of a growing area,victims of the fact that within their own extended family someone
has profited from the kind of growth that has occurred there. He stated he cannot see a ten-acre parcel
having an accessory to the farm that would wind up being in a high growth area; and this Board has
Minutes, July 21, 2003 2003-1878
Page 5 BC0016
previously turned down these applications for parcels up to 80 acres,therefore,he cannot support approval
of one on this small parcel. Mr. Barker stated the Chair can second the motion if he so chooses,and three
votes are required for approval of a motion. Chair Long stated he is not in favor of seconding the motion,
since it does not appear to be in the spirit of the Weld County Code. He would like to have staff determine
whether changes need to be made in this section fo the Code;however,the accessory to a farm is to help
full-time employees on a farm, which was the intention of the Code. Chair Long stated the motion,
therefore, dead for lack of a second. ms. Taylor stated their daughter would be on the property full-time
and, because of the development in the area, the safety and concern for the neighbors is what makes it
necessary for her to be nearby. Commissioner Jerke stated that, if there is a weakness in the Code, it is
not having a clear exist strategy for situations such as this, which is why thus type of permit is reviewed
annually when approved. He further stated it would be selling the public shortto grant a permit where there
is any weakness; and he would like to see development of some type of exit strategy for the temporary
permits which are granted.
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 11:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: 12
ief )11) EXCUSED DATE OF APPROVAL
77 David E. Long, Chair
Wel k to the Board
EXCUSED
Robert D. Ma en, Pro-Tem
186
Ro Boardin �ut/
. J. ei e
Net
William H. Jerke
EXCUSED
Glenn Vaad
Minutes, July 21, 2003 2003-1878
Page 6 BC0016
Hello