HomeMy WebLinkAbout20031711.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JUNE 30, 2003
TAPE #2003-24
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, June 30, 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, Esther E. Gesick
Controller/Treasurer, Claud Hanes
MINUTES: Commissioner Masden moved to approve the minutes of the Board of County Commissioners
meeting of June 25, 2003, as printed. Commissioner Geile seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Vaad moved to approve the Certification of Hearings
conducted on June 25, 2003, as follows: 1) Amended Use by Special Review Permit #1282 - John
Johnson,c/o LANDPROfessionals,LLC,2)Change of Zone#1036-JMF Cattle Company/Grant Brothers,
c/o LANDPROfessionals, LLC, and 3) Change of Zone #555 - Lyons 66 Pacific, LLC, do John Davis.
Commissioner Jerke seconded the motion, which 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.
PUBLIC INPUT: There was no public input.
2003-1711
BC0016
WARRANTS: Claud Hanes, Controller/Treasurer, presented the following warrants for approval by the
Board:
All Funds $756,501.35
Electronic Transfers - All Funds $1,052,934.96
Commissioner Jerke moved to approve the warrants as presented by Mr. Hanes. Commissioner Masden
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER RENEWAL APPLICATION FOR TAVERN LIQUOR LICENSE AND AUTHORIZE CHAIR TO
SIGN -THE FORT 21, LTD, DBA THE FORT 21: Bruce Barker, County Attorney, stated Deputy Rob
Otterstatter's referral indicates previously there had been an increase in the number of DU Is being issued
in the vicinity of The Fort 21;however,the licensee took advantage of the resources provided and there have
been no additional problems. Commissioner Jerke stated last week the Colorado Liquor Enforcement
Division conducted a large sting regarding the sale of alcohol to minors. He suggested this matter be
continued to allow staff adequate time to research whether any Weld County establishments were involved
in the sting operation. In response to Commissioner Vaad, Mr. Barker stated the processes fora Probable
Cause hearing and not renewing a license are very similar. Commissioner Vaad stated he is hesitant to
delay renewal of this license without evidence of probable cause. DeeAnn Cosner represented the
applicant and stated this establishment was not involved in the recent sting operation. She stated they are
involved in a review program with the Sheriff's Office and have a very good working relationship. She stated
they have also been visited by State officials who have no concerns at this time. Commissioner Masden
commented there were numerous places in Weld County that were caught selling alcohol to minors.
Commissioner Jerke moved to continue this matter to July 14, 2003,to determine which establishments
were found to be in violation. Commissioner Masden seconded the motion. Commissioner Geile stated
based on the Sheriff's Office referral and the comments of the County Attorney, he does not feel it is
necessary to continue this matter. Upon a call for the vote,the motion carried,with Commissioners Vaad
and Geile opposed.
CONSIDER ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT FOR WCR 8 AND AUTHORIZE
CHAIR TO SIGN-AGGREGATE INDUSTRIES-WCR, INC.: Peter Schei, Department of Public Works,
stated this agreement is in relation to Use by Special Review Permit#1243 for a sand and gravel mine. He
stated the mining haul route will use Weld County Road 8 from the pit entrance over to U.S. Highway 85,
which will require increased maintenance as a result of the heavy traffic. Mr. Schei stated the applicant is
proposing to upgrade and pave the haul route within six months of the first gravel shipment. During the
interim the applicant will be required to do dust suppression on the haul route. He further stated the cost
of improvements will be shared with the County, based on the percentage of truck traffic generated by the
gravel pit. In response to Commissioner Masden, Mr. Schei stated the applicant anticipates 69 total trips
per day, which is the equivalent of 1,385 tons. He further stated the traffic count indicates a 67 percent
increase in traffic,which will double the existing traffic amounts;however,a more specific and current traffic
count will be conducted. Commissioner Vaad moved to approve said agreement and authorize the Chair
to sign. The motion, which was seconded by Commissioner Masden, carried unanimously.
CONSIDER INSTALLATION OF TRAFFIC CONTROL DEVICES AT WCRS 14.5 AND 23: Frank Hempen,
Jr., Director of Department of Public Works, stated Weld County Road 23 currently stops at Road 14.5;
however, due to a sight obstruction in the northwest corner of the intersection, staff recommends the
placement of Stop signs on Weld County Road 14.5 to create a four-way stop intersection. In response
to Commissioner Jerke,Mr.Hempen stated this intersection is located west of 1-25,and although there have
been no reported accidents at this location, there have been many near misses and staff has received
Minutes, June 30, 2003 2003-1711
Page 2 BC0016
numerous requests from the local residents for this improvement. Commissioner Jerke moved to approve
said installation. Commissioner Vaad seconded the motion, which carried unanimously.
CONSIDER ACCEPTANCE OF VARIOUS STREETS, AVENUES, AND BOULEVARDS FOR FULL
MAINTENANCE-THE CAMFIELD TOWN SITE: Mr.Hempen stated the Board previously authorized the
Department of Public Works to negotiate with the developer to upgrade some of the Camfield roads to
County subdivision standards. He stated they did come to an agreement with the developer regarding
improvements to portions of Boulevards A,B,D,and E,Railroad Street,Second Avenue,and Third Avenue,
which totals 1.92 miles. Mr. Hempen stated staff recommends accepting these roads for inclusion in
County maintenance and the Highway User Tax Fund (HUTF)system. He stated under this agreement
Weld County would not be responsible for correcting the internal drainage issues. Responding to
CommissionerJerke,Mr. Hempen stated full maintenance includes maintenance of the roadways and side
ditch work. He stated there are difficult drainage issues between some of the lots,which will likely result
in washouts, however, those issues will not likely be a burden the routine maintenance activities.
Commissioner Jerke proposed the Draft Resolution be amended to exclude drainage responsibilities from
all references to full maintenance,and Mr. Hempen concurred. Commissioner Vaad stated he and Chair
Long attended the local meeting at which time they discussed who will be responsible if the poor drainage
washes out a road. He stated it was understood that Weld County will do the reconstruction work, but will
not address the primary drainage issues. Commissioner Jerke clarified his intention is to ensure it is
understood that full maintenance does not include correcting the existing drainage issues. Responding to
Commissioner Geile,Mr.Hempen stated the streets will be brought to Weld County subdivision standards,
and he is uncertain whether these issues were presented to the purchasers of the lots. Mr. Hempen stated
the sales flyer does not indicate who is responsible for road maintenance,and the developer was present
but did not speak at the community meeting. Mr. Barker stated there was a meeting one or two years ago
to discuss the creation of a Homeowners'Association or a local improvement district to generate financing
to correct the drainage issues; however, that was not pursued. Mr. Hempen added there is a partial
Homeowners'Association for the new development,but the older homes are not included. He further stated
a short presentation was made at the community meeting regarding the establishment of a local
improvement district. Chair Long stated the current residents chose not to pursue that option at this time,
but they can pursue it at a later date if that is their desire. Responding to Commissioner Masden, Mr.
Hempen stated staff is working with a representative for the Main Street corridor to discuss what would be
involved in bringing Main Street up to County standards. He stated the remainder of the streets will not likely
change much from how they currently exist,and this Resolution is just to take over maintenance of roads
that have been brought to County standards at someone else's expense. He further stated the developer
has installed culverts to correct some of the drainage issues. Mr. Barker clarified the intent of this
Resolution is to accept maintenance of the roadways and any drainage issues on the roadways,but would
exclude maintenance or corrections to drainage issues on the adjacent lots. Commissioner Jerke moved
to accept said streets,avenues,and boulevards for full maintenance. His motion also included amending
the Resolution to indicate accepting maintenance of the roadways and any drainage issues on the
roadways, but excluding maintenance or corrections to drainage issues on the adjacent lots as indicated
by the County Attorney. The motion was seconded by Commissioner Vaad, and it carried unanimously.
PLANNING:
CONSIDER VACATION OF USE BY SPECIAL REVIEW PERMIT#391 - KRISTI WEIMER: Jacqueline
Hatch, Department of Planning Services, stated staff received a letter from Kristi Weimer requesting the
vacation of Use by Special Review Permit#391 since the hog farm operation is no longer being used. She
stated Ms.Weimer's parcel was created in 1999 through Recorded Exemption#2612,and she has since
applied fora new Use by Special Review Permit,which is scheduled to go before the Planning Commission
on August 5, 2003. Commissioner Masden moved to vacate Use by Special Review #391 for Kristi
Weimer. Commissioner Geile seconded the motion, which carried unanimously.
Minutes, June 30, 2003 2003-1711
Page 3 BC0016
CONSIDER RECORDED EXEMPTION#3332-GREGORY AND PATTY REEVES: Ms. Hatch explained
this and the following three items of business are all related, and Chair Long called up all four items for
consideration. Ms. Hatch stated Recorded Exemption#3332 was conditionally approved by Planning staff
on June 28,2002,and Recorded Exemptions#3333,#3334,and#3335 were all conditionally approved by
the Board of Commissioners on September 16,2002. Ms.Hatch stated Condition of Approval#3.F requires
the applicant to address the concerns of the school district; however,the applicant is contending that the
cash-in-lieu fee should not be required until construction begins on the lots. Ms. Hatch stated the four
adjacent Recorded Exemptions have created eight lots,which will result in a higher impact to the school
district than a standard Recorded Exemption. She referenced the letter from the applicant,dated May 30,
2003,which indicates no homes are planned or contemplated at this time. She stated Dennis Sheer,Weld
County School District RE-9 Superintendent, has indicated the cash-in-lieu fee will not be waived and
should be paid at the time of parcel development. In response to Commissioner Vaad, Ms. Hatch stated
it is standard practice to collect the fees prior to recording the plat regardless of when the homes are built.
In response to Commissioner Geile,Ms.Hatch concurred that the School District's concerns are included
in Condition of Approval #3.G of Recorded Exemption #3332, not #3.F as in the remaining three
Exemptions. In response to Commissioner Vaad, Mr. Barker stated unlike the Subdivision process, the
Board does not have the authority to require the applicant to pay a cash-in-lieu fee or donate property;
however, they can require the applicant to address the concerns of the School District. He stated Weld
County has been including this as a Condition of Approval for Recorded Exemptions in an attempt to help
offset the impact to surrounding school districts. Mr. Barker stated this is a voluntary requirement which
is not required by State statute, and the applicant is requesting a waiver on payment until construction
begins. Patty Reeves, applicant, submitted a letter, marked Exhibit A,and stated at the time of approval
she understood the language to imply the home builders would be responsible for paying the fee because
their home would be creating the impact to the school district. Responding to Commissioner Vaad, Ms.
Reeves reiterated they intend to sell the lots and she feels those responsible for constructing homes should
pay the fee. She stated this payment is required in subdivisions; however,these are lots created through
the Recorded Exemption process, and the cash-in-lieu fee is voluntary. Responding to Commissioner
Jerke, Mr. Barker reiterated Weld County is not required by State statute to require the payment of a
cash-in-lieu fee, nor do they have the authority to determine when the concerns are addressed.
Responding to Commissioner Vaad,Mr.Barker stated the plat is the only way for the County to control and
track when the payment is made. He stated the language could be amended to require payment of the fee
at the time of Building Permit issuance;however,he cautioned the Board cannot specifically require a cash-
in-lieu payment,they can only require that the concerns of the School District be addressed. He expressed
concern with the Board's authority to deny a Building Permit after the plat has been recorded.
Commissioner Masden commented if the fee is paid at this time,the School District may not benefit from
the inflation amounts if the homes are not constructed for several years. Mr. Barker reiterated this is a
voluntary requirement of the County which is not required by State statute. Commissioner Geile expressed
concern with granting this request and then setting a precedent for non-payment in the future.
Commissioner Vaad commented the applicant may just have to include this fee in the cost basis of the lots.
Chair Long questioned how the payment can be enforced at anytime if the requirement is voluntary on the
part of the County. Commissioner Jerke concurred,and stated the Board may need to discuss this matter
further in a work session. Commissioner Geile stated they do have statutory authority to require the
applicant to address concerns of the school district in an attempt to generate the funds necessary to
compensate for the potential impacts. In response to Commissioner Jerke, Ms. Reeves stated there are
no sales pending at this time because the plat cannot be recorded without approval of this request. She
stated they would like to resolve this matter so they can list the lots for sale to address some personal
financial situations. She stated paying the fee now would create a financial hardship because this is a
remote area and it may take some time to sell the lots. CommissionerJerke moved to continue Recorded
Exemption #3332 to July 14, 2003, to allow adequate time for a work session to discuss the Board's
authority regarding conditions of approval for addressing the concerns of school districts as it relates to
Minutes, June 30, 2003 2003-1711
Page 4 BC0016
cash-in-lieu fees or the donation of land. Seconded by Commissioner Geile, the motion carried
unanimously.
CONSIDER REVIEW OF CONDITION OF APPROVAL #3.F FOR RECORDED EXEMPTION #3333 -
GREGORY AND PATTY REEVES: Based on the previous discussion, Commissioner Jerke moved to
continue the request for review of Condition of Approval#3.F to July 14,2003.The motion was seconded
by Commissioner Geile, and it carried unanimously.
CONSIDER REVIEW OF CONDITION OF APPROVAL #3.F FOR RECORDED EXEMPTION #3334 -
GREGORY AND PATTY REEVES: Based on the previous discussion, Commissioner Jerke moved to
continue the request for review of Condition of Approval#3.F to July 14,2003.The motion was seconded
by Commissioner Geile, and it carried unanimously.
CONSIDER REVIEW OF CONDITION OF APPROVAL #3.F FOR RECORDED EXEMPTION #3335 -
GREGORY AND PATTY REEVES: Based on the previous discussion, Commissioner Jerke moved to
continue the request for review of Condition of Approval#3.F to July 14, 2003.The motion was seconded
by Commissioner Geile, and it carried unanimously.
(Clerk's note: Chair Long called a five minute recess.)
CONSIDER PROBABLE CAUSE HEARING CONCERNING USE BY SPECIAL REVIEW PERMIT#1262
FOR AN AGRICULTURAL SERVICE ESTABLISHMENT FORA LIVESTOCK CONFINEMENT OPERATION
(DAIRY)AND ANIMAL FEEDING OPERATION FOR 800 HEAD OF CATTLE IN THE A(AGRICULTURAL)
ZONE DISTRICT - JAMES AND KRISTIE DOCHEFF, DIAMOND D DAIRY: Upon reconvening, Chris
Gathman, Department of Planning Services,gave a brief description of the location of the site,and stated
the site is approximately 25 acres. He stated staff conducted a site inspection on June 27, 2003, and
observed a new retention structure in use,diversion ditch,electric fencing,and an improved compost area.
Based on this evidence staff recommends the matter be continued for six months to allow the operator
additional time to complete the remaining outstanding items as cited in staffs memorandum,dated June 30,
2003. Cindi Etcheverry, Department of Public Health and Environment,stated the facility is in compliance
with the regulations regarding permeability testing listed in item#1. She stated the operator still needs to
revise the Manure and Wastewater Management Plan and the compliance advisory, which will be
addressed through the Colorado Department of Public Health and Environment. In response to
Commissioner Jerke, Ms. Etcheverry stated Ron Jepson, Colorado Department of Public Health and
Environment, Water Quality Control Division representative, stated not all of the items have been
satisfactorily addressed in the compliance advisory. Therefore, she would prefer this case not be
dismissed until all of the State items have been completed and a revised Manure and Wastewater
Management Plan has been submitted. She further stated Ron Jepson indicated some of the items have
been addressed; however, Mr. Jepson will still need to conduct a site inspection to ensure all items have
been completed to his satisfaction. Ms. Etcheverry stated currently this facility is an animal feeding
operation,but it is under review to be designated as a Confined Animal Feeding Operation(CAFO),which
would significantly change the operating requirements. In response to Commissioner Vaad,Ms.Etcheverry
stated items#3 and#4 of her memorandum,dated June 30,2003,still need to be addressed. Responding
to Commissioner Geile, Ms. Etcheverrystated the Environmental Protection Agency received a complaint
and forwarded it to the Water Quality Control Division on April 25,2003. Tom Haren,AGPROfessionals,
LLC, represented the applicant and stated after working with staff the operator has been able to address
some of the issues. Mr. Haren explained this is an animal feeding operation, which is below the 1,000-
animal-unit threshold. He referenced the letter from the Colorado Department of Public Health and
Environment,dated May 22, 2003,and stated they did not submit a compliance schedule because at the
time of the response the improvements were already completed. He further stated they anticipate the State
will designate this facility as a CAFO. Mr. Haren requested this case be dismissed upon the receipt of a
Minutes, June 30, 2003 2003-1711
Page 5 BC0016
revised Manure and Wastewater Management Plan. In response to Commissioner Geile,Mr.Haren stated
there is a provision where regardless of the number of head on the site, this could still be designated a
CAFO upon a site inspection and written designation;however,the State has not done that for this facility.
In response to Commissioner Masden, Ms. Etcheverrystated the location of the electric fence is significant
because it is currently located near a natural drainage area where animals and manure can come into
contact with waters of the State,which could cause the facility to be classified as a CAFO. Commissioner
Vaad stated although he is satisfied with the condition of the improvements that have taken place,he would
prefer to receive evidence from the State regarding the Compliance Advisory before this case is dismissed.
In response to Commissioner Vaad,Mr.Barker stated if adequate evidence is received from the State,staff
can bring this matter back before the Board for an earlier dismissal. Commissioner Vaad moved to
continue the Probable Cause Hearing concerning Use by Special Review Permit#1262 for six months to
December 29,2003,with an allowance for staff to bring the matter back before the Board at an earlier date
if all issues have been satisfactorily completed. The motion,which was seconded by Commissioner Geile,
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.
There being no further business, this meeting was adjourned at 10:30 a.m.
BOARD OF COUNTY COMMISSIONERS
."„may
COUNTY, COLORADO
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ATTEST:
6 % David . Lo Char
Weld County Clerk to B
. ,j '--0��� Robert D as en, Pro-Tem
BY: /� � • c5 • _1.A.,'P AI
Deputy Clerk to the Board?C '
V 9 nj M. J. Geile
William H. Jerke
Glenn Vaa
Minutes, June 30, 2003 2003-1711
Page 6 BC0016
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