Loading...
HomeMy WebLinkAbout20010381 RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO FEBRUARY 5, 2001 TAPE #2001-06 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, February 5, 2001, 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 M. J. Geile, Chair Commissioner Glenn Vaad, Pro-Tem Commissioner William H. Jerke Commissioner David E. Long Commissioner Robert D. Masden Also present: County Attorney, Bruce T. Barker Acting Clerk to the Board, Esther E. Gesick Director of Finance and Administration, Donald D. Warden MINUTES: Commissioner Long moved to approve the minutes of the Board of County Commissioners meeting of January 31, 2001, as printed. Commissioner Vaad seconded the motion, and it carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Vaad moved to approve the Certification of Hearings conducted on January 31, 2001, as follows: 1) A Site Specific Development Plan and Amended Use by Special Review Permit#877, Camas Colorado, Inc.; and 2) A Site Specific Development Plan and Use by Special Review Permit#1307, Bradley and Teresa Kramer. Commissioner Jerke seconded the motion, which carried unanimously. ADDITIONS TO AGENDA: The following was deleted from the Agenda, Old Business: 1) Consider Nonexclusive License Agreement for Upgrade and Maintenance of a Portion of Weld County Road 39 and authorize Chair to sign - Jacelyn Walters (cont. from 01/29/01) [2001-0349] CONSENT AGENDA: Commissioner Vaad moved to approve the consent agenda as printed. Commissioner Jerke seconded the motion, and it carried unanimously. PUBLIC INPUT: Larry Bargas and Lila Perez, County residents, stated they purchased parcels A and B, and later found that both are illegal lots. Mr. Bargas submitted a letter, marked Exhibit A, requesting the fees for a Planned Unit Development application be waived since they purchased the property and were not told of the zoning issues. He stated they have spent a lot of money on legal advise and would prefer to correct the matter rather than sue the realtor or previous owners. He stated the parcels have been illegal lots for more than forty years. Mr. Barker stated there are two other parcels owned by Brett and 2001-0381 BC0016 Anna Verbeek. He stated they are requesting the fees be waived for the PUD Sketch Plan, Change of Zone and Final Plan for the purpose of resolving the situation. Mr. Barker suggested this matter be discussed with staff and provide Mr. Bargas with a response following discussion. Ms. Perez gave a brief description of the location of the property being discussed and stated staff has been provided with all of the necessary information. Dwaine Polland, County resident,stated he is unaware of any resolution regarding the old item of business for Jacelyn Walters. In response to Mr. Polland, Chair Geile commented the Walters have withdrawn their request. Mr. Polland stated he currently has a fence across the right-of-way, and he has not spoken with Mr. Walters to discuss the situation. Mr. Barker stated the County received messages from Jocelyn Walters indicating they had resolved the matter in terms of using the 30-foot right-of-way and they were withdrawing the request for a Nonexclusive License Agreement. Mr. Barker suggested Mr. Polland meet with his attorney to determine any further action. WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants for approval by the Board: All Funds $374,663.50 Commissioner Masden moved to approve the warrants as presented by Mr.Warden. Commissioner Vaad seconded the motion, which carried unanimously. BIDS: APPROVE MOTORGRADERS BID - DEPARTMENT OF PUBLIC WORKS (CON'T FROM 01/31/2001): Pat Persichino, Director of General Services, stated based on full five-year cost analysis, staff recommends approval of the bid from Wagner Equipment, in the amount of$470,653.00 for three graders. Commissioner Vaad moved to approve said bid as recommended by staff. Commissioner Jerke seconded the motion, which carried unanimously. NEW BUSINESS: CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES FOR SCHEDULE#10553500001508 AND AUTHORIZE CHAIR TO SIGN - VALLEY OPERATING. INC.: Christopher Woodruff, Assessor's Office, discussed this and the following eleven items. Mr. Woodruff stated the property owner submitted petitions for 1998 and 1999 to correct their filing for production of oil and gas to take the allowable expenses under the State's procedures and policies. Staff recommends approval for a total refund in the amount of$16,847.15. Commissioner Vaad moved to approve said abatements as recommended by staff. Commissioner Masden seconded the motion. Commissioner Jerke stated Valley Operating does have mineral rights on his farm; however, he does not feel this will be a conflict of interest. The motion carried unanimously. CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES FOR SCHEDULE#09501900006602 AND AUTHORIZE CHAIR TO SIGN - VALLEY OPERATING. INC.: Commissioner Vaad moved to approve said petition as recommended by staff and authorize the Chair to sign. Commissioner Masden seconded the motion, which carried unanimously. CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES FOR SCHEDULE#09591900006601 AND AUTHORIZE CHAIR TO SIGN - VALLEY OPERATING. INC.: Commissioner Vaad moved to approve said petition as recommended by staff and authorize the Chair to sign. Commissioner Masden seconded the motion, which carried unanimously. Minutes, February 5, 2001 2001-0381 Page 2 BC0016 CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES FOR SCHEDULE#09593300000402 AND AUTHORIZE CHAIR TO SIGN - VALLEY OPERATING. INC.: Commissioner Vaad moved to approve said petition as recommended by staff and authorize the Chair to sign. Commissioner Masden seconded the motion, which carried unanimously. CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES FOR SCHEDULE#09593300000401 AND AUTHORIZE CHAIR TO SIGN - VALLEY OPERATING. INC.: Commissioner Vaad moved to approve said petition as recommended by staff and authorize the Chair to sign. Commissioner Masden seconded the motion, which carried unanimously. CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES FOR SCHEDULE#09611100001901 AND AUTHORIZE CHAIR TO SIGN - VALLEY OPERATING. INC.: Commissioner Vaad moved to approve said petition as recommended by staff and authorize the Chair to sign. Commissioner Masden seconded the motion, which carried unanimously. CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES FOR SCHEDULE#09610100011501 AND AUTHORIZE CHAIR TO SIGN - VALLEY OPERATING. INC.: Commissioner Vaad moved to approve said petition as recommended by staff and authorize the Chair to sign. Commissioner Masden seconded the motion, which carried unanimously. CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES FOR SCHEDULE#09610100011502 AND AUTHORIZE CHAIR TO SIGN - VALLEY OPERATING. INC.: Commissioner Vaad moved to approve said petition as recommended by staff and authorize the Chair to sign. Commissioner Masden seconded the motion, which carried unanimously. CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES FOR SCHEDULE#09610100011503 AND AUTHORIZE CHAIR TO SIGN - VALLEY OPERATING. INC.: Commissioner Vaad moved to approve said petition as recommended by staff and authorize the Chair to sign. Commissioner Masden seconded the motion, which carried unanimously. CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES FOR SCHEDULE#09610100011902 AND AUTHORIZE CHAIR TO SIGN - VALLEY OPERATING. INC.: Commissioner Vaad moved to approve said petition as recommended by staff and authorize the Chair to sign. Commissioner Masden seconded the motion, which carried unanimously. CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES FOR SCHEDULE#10553500001511 AND AUTHORIZE CHAIR TO SIGN - VALLEY OPERATING. INC.: Commissioner Vaad moved to approve said petition as recommended by staff and authorize the Chair to sign. Commissioner Masden seconded the motion, which carried unanimously. CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES FOR SCHEDULE#09611100010801 AND AUTHORIZE CHAIR TO SIGN - VALLEY OPERATING. INC.: Commissioner Vaad moved to approve said petition as recommended by staff and authorize the Chair to sign. Commissioner Masden seconded the motion, which carried unanimously. CONSIDER EXPENDITURE AUTHORIZATION FOR STATEWIDE PERFORMANCE INCENTIVE FUNDS AND AUTHORIZE CHAIR TO SIGN:Walt Speckman, Director of Human Services,stated this expenditure authorization is for the use of an additional$30,000 received based upon performance during the last year and exceeding the established State and Federal goals. Responding to Chair Geile, Mr. Speckman stated the programs are operated under the Workforce Investment Act that deals with performance for adult and Minutes, February 5, 2001 2001-0381 Page 3 BC0016 youth programs, and added Weld County has been successful in meeting all of the goals for some time. Commissioner Vaad moved to approve said expenditure authorization and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously. CONSIDER TEMPORARY ROAD CLOSURE OF WELD COUNTY ROAD 44 BETWEEN WELD COUNTY ROAD 41 AND WELD COUNTY ROAD 43: Frank Hempen, Jr., Director of Public Works, stated this closure is necessary for the replacement of a bridge which is part of the annual bridge replacement program and will be underway for nine more weeks. Responding to Commissioner Jerke, Mr. Hempen stated they notify the surrounding property owners to address their access needs. Responding to Commissioner Masden, Mr. Hempen stated there is a regular notification to all emergency services and schools. Commissioner Vaad moved to approve said temporary closure. The motion, which was seconded by Commissioner Jerke, carried unanimously. CONSIDER INTERGOVERNMENTAL AGREEMENT FOR THE BASE UPGRADE AND PAVING OF WELD COUNTY ROAD 15 AND AUTHORIZE CHAIR TO SIGN -TOWN OF JOHNSTOWN: Mr. Hempen stated under this agreement, Weld County will upgrade a portion of Weld County Road 15 from the town limits of Johnstown, north to Weld County Road 50. Mr. Hempen stated the Town has reviewed and agrees with the conditions,the road will be designed in 2002,and built in 2003. He stated once the project is complete, the road right-of-way will be deeded to Johnstown for maintenance. He further stated they discuss the proposed projects with various Towns regarding their perimeter roadways. Responding to Chair Geile, Mr. Hempen stated the portion of road was not originally scheduled on the County project list. Commissioner Vaad stated the Town of Johnstown has paved Weld County Road 15 south to Highway 60, and following completion of the project, the Town will annex and take over the maintenance. Commissioner Vaad moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously. CONSIDER INTERSTATE PRIVATE LINE TRANSPORT SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN - QWEST INTERSTATE ACCESS SERVICE: Mr. Warden stated this agreement is for a T1 facility to handle the radio system data at the Evans communications tower site, and he recommends approval. Commissioner Masden moved to approve said agreement and authorize the Chair to sign. Commissioner Vaad seconded the motion, which carried unanimously. CONSIDER APPOINTMENT AND REAPPOINTMENTS TO UNIFORM BUILDING CODE BOARD OF APPEALS: Commissioner Vaad moved to appoint Greg Thompson and reappoint Bill DeLap and Mark Muse to the Uniform Building Code Board of Appeals. The motion,which was seconded by Commissioner Jerke, carried unanimously. CONSIDER APPOINTMENTS AND REAPPOINTMENTS TO EMERGENCY MEDICAL SERVICES COUNCIL: Commissioner Masden moved to appoint Tim Zimmerman, Tom Bizzell, Mark Gray, Brandy Houston, and Jon Baker and reappoint Gary McCabe, Donovan Ehrman, Marlene Richter, and Jim Campain to the Emergency Medical Services Council. The motion,which was seconded by Commissioner Vaad, carried unanimously. CONSIDER APPOINTMENTS AND REAPPOINTMENTS TO AREA AGENCY ON AGING: Commissioner Long moved to appoint Patricia Graham and Betty Jones and reappoint Mary Eastwood, Don Feldhaus, Ruth Gartrell, and Don Beierbach to the Area Agency on Aging. The motion, which was seconded by Commissioner Vaad, carried unanimously. CONSIDER APPOINTMENTS TO BOARD OF ADJUSTMENT: Commissioner Vaad moved to appoint Mary O'Neal and Randy Peterson to the Board of Adjustment. The motion, which was seconded by Commissioner Masden, carried unanimously. Minutes, February 5, 2001 2001-0381 Page 4 BC0016 CONSIDER APPOINTMENTS AND REAPPOINTMENT TO 911 EMERGENCY TELEPHONE SERVICE AUTHORITY BOARD: Commissioner Vaad moved to appoint Tom Bizzell and reappoint Rod DeRoo to the 911 Emergency Telephone Service Authority Board. The motion, which was seconded by Commissioner Long, carried unanimously. CONSIDER RESOLUTION RE: DECLARE SURPLUS PROPERTY AND AUTHORIZE SALE- ROBERT WATKINS: Mr. Warden stated Weld County gets tax deeded properties that are not purchased at the tax sale. He explained most are odd shapes, or very narrow. Mr. Warden stated the parcels requested by Mr. Watkins have been advertised three different times, and the Board's policy allows the negotiation of a sale for those parcels which have been on the books for 15 years or more. Mr. Watkins has offered $100.00 per lot, for a total of$400.00. Mr. Warden stated selling these lots will put them back on the tax roll, and the County has no need for them so they need to be declared surplus. Commissioner Jerke moved to approve said Resolution. Commissioner Vaad seconded the motion. Commissioner Vaad expressed concern with the sale of these odd lots, which may result in problems for future development similar to the situation proposed by Mr. Bargas during public input. Mr. Warden stated these parcels are part of an old platted town,which was never incorporated. He further stated they are only 25 feet wide and will have to be combined with other parcels to make one buildable lot. Mr. Barker stated each lot is legal and considered buildable; however, they are too narrow to meet setback requirements. Monica Mika, Director of Planning Services, stated a portion of the legal description may still be buildable depending on when lots are subdivided,the purchaser will have to work with the adjoining property owners to expand the lots. She stated they will work with Mr. Watkins to determine his intent for future conveyance to ensure all issues are addressed. She added these parcels are part of an old town site and will fall under a different set of rules than those that Mr. Bargas is dealing with. The motion carried unanimously. CONSIDER APPLICATION FOR HOTEL AND RESTAURANT LIQUOR LICENSE AND AUTHORIZE CHAIR TO SIGN - LUZ ESTELA TARIN, DBA TAQUERIA RANCHO ALEGRE: Mr. Barker stated this application is complete, the appropriate fees have been submitted, and there are three letters of recommendation regarding the character of the applicant. He further stated Commissioner Masden has viewed the property, adequate notice was given, the prior zoning violation has been closed, and the Sheriff's Office expressed no concerns with this application. Mr. Barker stated the Board must make its finding based on the determination of good character and whether this application meets the needs of the neighborhood. No public testimony was offered concerning this matter, and the applicant was not present. Commissioner Masden stated he viewed the site,which appeared to be adequate. He stated Dave Sauter, Colorado Liquor Division, and Commissioner Jerke were also present. They met with the manager and he feels this would be an adequate location to serve alcohol with their dinners. Responding to Commissioner Vaad, Commissioner Masden stated he did not review the other facilities in the area; however,there are several other liquor establishments in the neighborhood. Responding further he stated there were no schools in the close proximity, mostly businesses. Commissioner Jerke moved to approve the application of Luz Estela Tarin,dba Taqueria Rancho Alegre fora Hotel and Restaurant Liquor License and authorize the Chair to sign based on evidence of good character and that this will meet the need of the neighborhood. Seconded by Commissioner Vaad, the motion carried unanimously. PLANNING OLD BUSINESS: CONSIDER LANDSCAPING IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR LANDSCAPING IMPROVEMENTS AND ACCEPT FORM OF COLLATERAL FOR SITE PLAN REVIEW,SPR#315-KINGS COURT PROPERTIES,LLLP(CON'T TO 02/05/2001):Mr.Ogle stated staff has been in touch with the applicant and owner, and explained their legal council was unable to attend due to a scheduled vacation; therefore, they are requesting an indefinite continuance. Minutes, February 5, 2001 2001-0381 Page 5 BC0016 Commissioner Vaad moved to refer this matter back to the Department of Planning Services,to be brought back at a later date. Commissioner Masden seconded the motion, which carried unanimously. PLANNING NEW BUSINESS: CONSIDER RECORDED EXEMPTION #2981 -ALM: Sheri Lockman, Department of Planning Services, gave a brief description of the location of the site, and stated this will be the fifth lot created by a Recorded Exemption with this quarter section. Ms. Lockman indicated Lot A will be accessed from Weld County Road 45 along the northern boundary of Lot A of Recorded Exemption #1712 and proposed Lot B of Recorded Exemption #2981. She stated staff feels this is not efficient or orderly development and the proposal does not take into consideration the pivot irrigation system. She further stated the proposal will create an island lot, and staff proposes Lot A be located in the southwest corner. Responding to Chair Geile, Ms. Lockman stated the proposed access is already in use to access the irrigation pond. She further stated there are other Recorded Exemption lots located to the east; however, they are separated by an irrigation ditch and do not use this access. Wayne Alm represented his father, Raymond Alm, and stated the irrigation sprinkler does not physically enter Lot A; however, it does spray water across the boundary. He stated Lot A is proposed to be located on the high portion of the farm, which is not productive, and the lot will not impact the pivot system. Responding to Commissioner Jerke, Mr.Alm stated the sprinkler tract does not enter the five-acre lot, and they are willing to survey the lot so the end gun does not intrude. He added the end gun can be adjusted, so even if a portion of the lot is sprinkled, more than three of the five total acres would remain as dry ground. He stated they currently use the area to stack hay and store equipment. Responding to Commissioner Vaad, Mr. Alm stated the end gun does sprinkle the proposed access road a little, but they currently use the road as it is to access the irrigation pond, and they will be required to maintain this as an all-weather access. Responding to Commissioner Jerke, Mr.Alm stated there is a farm to the north which is owned by his brother-in-law. He stated they are third and fourth generation farmers, and do not intend to sell outside of their family. Mr.Alm stated he understands staff's concerns with potential future conflicts; however, his family needs to stay close together to operate the farm, and his sister's family intends to live on Lot A. Regarding staffs proposed lot, Mr.Alm stated it would be located at the lower portion of the farm and is very susceptible to flooding. He further stated the area is currently in farm production and developing a home there would not be the best use for the agricultural land. Responding to Commissioner Vaad, Mr. Alm stated they have a permit for a domestic well, which will be used in-house only, and added the irrigation systems are adaptable if necessary in the future. He further stated his father is aware that there would be a 30-foot easement on his land. No public testimony was offered concerning this matter. Responding to Chair Geile, Ms. Lockman stated Condition #2.F addresses the necessary setbacks for Lot B which will be adjacent to both County roads. Responding to Commissioner Jerke, Ms. Lockman stated the 60-foot right-of-way exists,and the language is included in the Resolution for addition to the plat. Responding to Chair Geile, Mr.Alm stated he and his father, Raymond Alm, have reviewed and agree with the Conditions of Approval, and they are willing to work with staffs requests. Commissioner Vaad stated the applicant has established a reasonable description of the land and the proposed use,and he moved to approve Recorded Exemption#2981 for Raymond Alm with the Conditions of Approval as presented. Commissioner Jerke seconded the motion. The motion carried unanimously. Chair Geile commented the roll of staff is to review the Recorded Exemptions as submitted, and when they do not comply with the rules and regulations, they must be brought to the Board for final consideration. Ms. Lockman stated the applicant has been good to work with and they understood why this matter had to be determined by the Board. Minutes, February 5, 2001 2001-0381 Page 6 BC0016 CONSIDER RECORDED EXEMPTION #2946 - MCNEAR: Chris Gathman, Department of Planning Services, gave a brief description of the location of the site, and stated the property is proposed to be divided into 20 and 64 acres in size. Mr. Gathman stated staff has concerns as indicated in the Administrative Review. He stated he spoke with the applicant and suggested he reduce the 20-acre lot to 9 acres or less since it is designated as prime agricultural land; however, the applicant did not agree. Responding to Commissioner Vaad, Mr. Gathman stated the site does have water rights, a majority will remain with the larger parcel which is in corn production; however, they do intend to keep a small portion of the water with the smaller parcel. Pat McNear, applicant, submitted a summary of his proposal, marked Exhibit A, and stated the summary addresses his farming operations. He stated he farms a total of 400 acres throughout the area, but this is his home parcel. Mr. McNear stated he intends to eliminate the nonproductive portions of his farmland, and added he has improved approximately ten acres and put them back into agricultural production. Mr. McNear stated he would like to split off the twenty nonproductive acres and sell them for financial purposes. He read portions of Exhibit A for the record, and stated staffs proposal will not work due to his irrigation routes. He further stated an alternate agricultural use will promote the most agrarian use of the land as opposed to poor agricultural operations. In response to Commissioner Vaad, Mr. McNear stated there is an access from Weld County Road 72 on the separation line between the proposed lots. Responding to Commissioner Jerke, Mr. McNear stated if there is a problem with a septic system, the property owner can install an engineered system. In response to Commissioner Masden, Mr. McNear stated this land is not productive and he does not feel it is worth his effort to continue farming. Responding to Commissioner Vaad, Mr. McNear stated the site is not completely white with alkali and he has been raising poor crops of alfalfa; however, it would be better suited for irrigated pasture for equestrian use or 4-H projects. No public testimony was offered concerning this matter. Commissioner Vaad moved to approve Recorded Exemption#2946 for Patrick McNear with the Conditions of Approval as presented. Commissioner Masden seconded the motion. In response to Chair Geile, Mr. McNear stated he has reviewed and agrees with the Conditions of Approval. The motion 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, February 5, 2001 2001-0381 Page 7 BC0016 There being no further business, this meeting was adjourned at 10:30 a.m. BOARD OF COUNTY COMMISSIONERS WELD COU , COLORADO ATTEST: i M. J. G ile, C it Weld County Clerk ti 1861 O Te Glenn Vaad, Pr6 BY: �o Deputy Clerk to th�` y�g ce( `�, `� i f✓ �, �C Wi m H. Jerke Davi E. ong.a Robert D. Masden Minutes, February 5, 2001 2001-0381 Page 8 BC0016 January 30, 2001 TO: Weld County Commissioners FROM: Lany & Marsha Bargas Carlos & Lila Perez Brett & Anna Verbeek This letter is being written with regard to Parcels A, B, E, and F. We have recently been informed that these parcels are illegal buildable parcels. At the time each of us purchased our property from the previous owners, this problem was not disclosed to us. Through investigation we have learned that this problem has been in existence for over 40 years. We have inherited this problem. It only recently came to our attention when the Bargases attempted to obtain a permit through the planning commission. It was our understanding that the property was free and clear at the time each of us purchased our parcels. It is our intention as current property owners to rectify this situation. We are asking that all the fees (PUD Sketch Plan, Planned Unit Development Change of Zone, and Planned Unit Development Final Plan) be waived for this process as we did not know of the existence of the problem at the time of purchase, and also due to the amount of time that has passed without resolution. We feel that this is a reasonable request based on the above circumstances. Sincerely, Cil a OC,&U4L C, ' h -, g EX'HIB{T Hello