HomeMy WebLinkAbout20010205.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JANUARY 22, 2001
TAPE #2001-04
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, January 22, 2001, at the hour of 9:00 a.m.
ROLL CALL: The meeting was called to order by the Chair Pro-Tern and on roll call the following
members were present, constituting a quorum of the members thereof:
Commissioner M. J. Geile, Chair- EXCUSED
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 Jerke moved to approve the minutes of the Board of County Commissioners
meeting of January 17, 2001, including Executive Sessions minutes regarding appeal of Grievance Board
decision for Deborah McCarthy, as printed. Commissioner Masden seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Long moved to approve the Certification of Hearings
conducted on January 17, 2001, as follows: 1) A Site Specific Development Plan and Use by Special
Review Permit#1276,John Moser;2)A Site Specific Development Plan and Special Review Permit#1296,
Fay and Mary Shultz;and 3)A Change of Zone#552, Hoshiko Farms, Inc. Commissioner Jerke seconded
the motion, which carried unanimously.
ADDITIONS TO AGENDA: There were no additions to the agenda.
CONSENT AGENDA: Commissioner Jerke moved to approve the consent agenda as printed.
Commissioner Masden seconded the motion, and it carried unanimously.
PUBLIC INPUT: There was no public input.
2001-0205
4, BC0016
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $466,266.41
Commissioner Long moved to approve the warrants as presented by Mr.Warden. Commissioner Masden
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER RENEWAL APPLICATION FOR HOTEL AND RESTAURANT LIQUOR LICENSE AND
AUTHORIZE CHAIR TO SIGN-RAFFERTY'S, INC., DBA RAFFERTY'S: Bruce Barker, County Attorney,
stated Deputy Martin expressed no concerns and recommends approval of this application. Commissioner
Masden moved to approve said application and authorize the Chair to sign. CommissionerJerke seconded
the motion, which carried unanimously.
CONSIDER APPLICATION FOR LICENSE TO CONDUCT PUBLIC DANCE OR DANCES-HEREFORD
BAR AND GRILL, INC., DBA HEREFORD BAR AND GRILL: Mr. Barker stated dance licenses require an
annual renewal and he recommends approval of the application from Hereford Bar and Grill.
Commissioner Long moved to approve said application. The motion, which was seconded by
Commissioner Jerke, carried unanimously.
CONSIDER GRANT CONTRACT FOR HIGHWAY SAFETY PROGRAM AND AUTHORIZE CHAIR TO
SIGN: Mr. Warden stated the County has received Federal funding in the amount of$159,606.00, with a
local match of$62,204.00, for a total of$221,810.00 for implementation of the Highway Safety Program.
Mr. Warden explained the funds will be used to hire a supervisor, four deputies, two vehicles, safety
equipment, and provide community outreach and education. Mr. Warden stated this is a three-year
contract to implement the new program, which is needed due to growth in the area and the number of
fatalities. He stated the traffic control will be in targeted areas, not random patrols. Commissioner Jerke
commented he is in favor of this program; however, he is somewhat skeptical because the public may
begin to expect a full traffic enforcement program, which is not possible due to size of the County.
Commissioner Jerke expressed further concern with future funding, and stated he wants to ensure there
is thorough documentation to provide evidence that the program is a benefit to Weld County and should
receive funding in the future. Responding to Commissioner Long, Mr.Warden stated the funds have been
granted and this is the contract providing the official terms for use of the funding and implementation of
the program. Commissioner Masden moved to approve said contract and authorize the Chair to sign. The
motion was seconded by Commissioner Long, and it carried unanimously.
CONSIDER APPOINTMENTS OF TWO DEPUTY DISTRICT ATTORNEYS AND AUTHORIZE CHAIR TO
SIGN: Commissioner Masden moved to appoint Christopher Collins and Christian Schulte as Deputy
District Attorneys. Commissioner Jerke seconded the motion, which carried unanimously.
CONSIDER CONSTRUCTION CONTRACT AND AUTHORIZE CHAIR TO SIGN - MERRITT
CONSTRUCTION, INC.: Mr. Warden stated this contract provides the terms for relocation of the Mesa
County Head Start modular to a new location. He stated the contractor would like to begin construction
on February 1, 2001. He further stated $40,000.00 of the total cost has already been paid. Commissioner
Masden commented Weld County is coordinating this project on behalf of Mesa County because Weld
County is the coordinator for northern Colorado. Commissioner Jerke moved to approve said contract and
authorize the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously.
Minutes, January 22, 2001 2001-0205
Page 2 BC0016
CONSIDER RESOLUTION RE: IMPREST FUND FOR THE WELD COUNTY FAIR-JUNIOR LIVESTOCK
SALES COMMITTEE: Mr.Warden explained when the Fair Board was created, it operated out of the Weld
County treasury. Later an Imprest Fund was created for use during the fair for faster access to funds. Mr.
Warden explained the Junior Livestock Sales Committee has a separate account, which needs to be
corrected by creating an Imprest Fund similar to that used by the Fair Board. He stated the fund will
require two of the three authorized signatures to draft a check and the fund will be audited each year.
Commissioner Masden commented the Sales Committee for the Junior Livestock Committee has reviewed
and agrees with creation of this fund. Commissioner Masden moved to approve said Resolution.
Commissioner Jerke seconded the motion, which carried unanimously.
CONSIDER RESOLUTION RE: RELEASE OF LIENS FOR CERTAIN DESCRIBED PROPERTIES
LOCATED IN LOCAL IMPROVEMENT DISTRICT NO. 1995-2 -WELD COUNTY DELWOOD AVENUE:
Mr. Warden explained Weld County has the ability to create Local Improvement Districts which assess a
cost to each of the properties included. As the liens are paid off, the release of liens allows for sale of the
various properties. Commissioner Masden moved to approve said Resolution. Commissioner Jerke
seconded the motion, which carried unanimously.
CONSIDER RESOLUTION RE: RELEASE OF LIENS FOR CERTAIN DESCRIBED PROPERTIES
LOCATED IN LOCAL IMPROVEMENT DISTRICT NO. 1992-2-WELD COUNTY ROAD 34: Mr. Warden
stated this and the following three items are similar to previous item of business. Commissioner Masden
moved to approve said Resolution. Commissioner Long seconded the motion,which carried unanimously.
CONSIDER RESOLUTION RE: RELEASE OF LIENS FOR CERTAIN DESCRIBED PROPERTIES
LOCATED IN WELD COUNTY ROTH SUBDIVISION LOCAL IMPROVEMENT DISTRICT NO. 1995-1:
Commissioner Masden moved to approve said Resolution. Commissioner Long seconded the motion,
which carried unanimously.
CONSIDER RESOLUTION RE: RELEASE OF LIENS FOR CERTAIN DESCRIBED PROPERTIES
LOCATED IN LOCAL IMPROVEMENT DISTRICT NO. 1992-3-WELD COUNTY ROAD 8: Commissioner
Long moved to approve said Resolution. Commissioner Masden seconded the motion, which carried
unanimously.
CONSIDER RESOLUTION RE: RELEASE OF LIENS FOR CERTAIN DESCRIBED PROPERTIES
LOCATED IN LOCAL IMPROVEMENT DISTRICT NO. 1990-1 - WELD COUNTY 71ST AVENUE:
Commissioner Long moved to approve said Resolution. Commissioner Masden seconded the motion,
which carried unanimously.
PLANNING:
CONSIDER SECOND ADDENDUM TO AGREEMENT FOR IMPROVEMENTS AGREEMENT
ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS(PUBLICLY MAINTAINED
ROADS) AND AUTHORIZE CHAIR TO SIGN - MARTIN BROTHERS, LLC: Lee Morrison, Assistant
County Attorney, stated under this addendum, the property owner will post cash collateral because the
paving was not completed this fall as planned. He stated this will allow the developer to sell lots within
Phase 4,and posting 110 percent of the collateral will ensure the paving is completed by July 1, 2001. Mr.
Morrison stated the County will still have the ability to stop the sale of lots in Phases 5, 6, and 7 if
necessary. In response to Commissioner Jerke, Mr. Morrison stated if the developer does not fulfil his
requirements, the County can restrict issuance of building permits, and the Deeds of Trust will show up
in title searches if someone is interested in purchasing any of the lots within Phases 5, 6, or 7, to alert the
potential buyer. Don Carroll, Department of Public Works, stated he received a letter from Mitch Martin
requesting the sale of lots in Phase 4; however, at that time the paving had not been completed. Mr.
Carroll stated the necessary collateral to cover the cost of the remaining paving has been received.
Minutes, January 22, 2001 2001-0205
Page 3 BC0016
Mr. Martin stated the excessive workload of the contractor prevented them from completing the paving
project; however, they intend to complete the paving this Spring under the price estimated last year.
Commissioner Long moved to approve said addendum and authorize the Chair to sign. The motion was
seconded by Commissioner Jerke, which carried unanimously.
CONSIDER RESOLUTION RE: SET NEW HEARING DATE FOR 4TH REPLAT OF GILBAUGH'S
APPALOOSA ACRES, S #539, PREVIOUSLY CONTINUED TO JUNE 6, 2001 - IVAN AND JOANNE
GILBAUGH: Mr. Barker stated a continuance was granted at the request of the applicant to set a hearing
for this matter on June 6, 2001. He stated this request was approved with the condition that the hearing
could be scheduled sooner if possible. Mr. Barker stated the Clerk to the Board's Office recommends this
matter be set for February 14, 2001, at 10:00 a.m. Commissioner Jerke moved to approve said
Resolution. Commissioner Long seconded the motion, which carried unanimously.
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL
FOR IMPROVEMENTS(PRIVATE ROAD MAINTENANCE)AND ACCEPT FORM OF COLLATERAL FOR
SITE PLAN REVIEW, SPR #313 - CARL SCHAAL: Sheri Lockman, Department of Planning Services,
stated the County Attorney's Office, and Departments of Planning Services and Public Works have
reviewed the agreement and collateral and recommend approval. Mr. Carroll stated the estimated costs
will be adequate to complete the project. Commissioner Masden moved to approve said agreement and
accept the collateral for Site Plan Review#313 for Carl Schaal. Commissioner Long seconded the motion,
which carried unanimously.
CONSIDER RECORDED EXEMPTION #2870 - ESTATE OF MARIE ETTER, C/O HARROLD ETTER:
Commissioner Vaad advised Mark Drouhard, applicant's representative, that he has the option of
continuing this matter to a date when the full board will be present. However, if he decides to proceed
today, it will require three affirmative votes, or in the case of a tie vote, Chair Geile will listen to the record
and make the determining vote. Mr. Drouhard indicated he would like to proceed today.
Sheri Lockman, Department of Planning Services, stated Recorded Exemption #2870 was conditionally
approved by staff on November 17,2000; however,the applicant has indicated he is not in agreement with
Condition of Approval #2.1. Ms. Lockman gave a brief description of the location and surrounding uses,
and explained there is a nonconforming car salvage and repair business (NCU #32). Ms. Lockman
explained there is an existing farmhouse built in 1874, as well as a mobile home used for storage and
another mobile home permitted as a Temporary Accessory to Farm Use. She stated all three structures
are proposed to be on Lot A of the Recorded Exemption. Ms. Lockman stated Condition of Approval#2.1
requires the applicant to provide evidence that the occupant of the mobile home permitted through
ZPMH #568, is principally employed at or engaged in the farming operation on the subject property. Ms.
Lockman explained the applicant is requesting the mobile home be allowed to remain although there is no
farming production taking place on Lot A. She stated the Department of Planning Services recommends
this request be denied because there are three residences on a parcel where only one structure should
exist, and they are also requesting the use allowed for the Accessory to Farm mobile home be transferred
to the farm house for storage only. Ms. Lockman explained if this request were approved, the other
residential mobile home would become the primary residence; however, the Weld County Code states
nonconforming structures may not be substituted, expanded, or extended. She stated the applicant's
representative submitted a letter, dated November 29, 2000, indicating the salvage and repair shop has
been in operation since the Accessory to Farm use was approved. Ms. Lockman reviewed the criteria for
allowing an Accessory to Farm, and stated the more appropriate application for this request would be a
Use by Special Review Permit which would bring the existing operation up to current standards and allow
the surrounding property owners an opportunity to comment on the use.
Minutes, January 22, 2001 2001-0205
Page 4 BC0016
Mr. Drouhard stated the Mobile Home permitted as an Accessory to Farm was approved in 1982. He
stated the applicant's son, Steve, lives in the Accessory mobile home, and his primary source of income
is from the repair shop. He stated there has been no farming activity since the 1970's, and the Etters have
operated the salvage and repair shop since the 1950's. Mr. Drouhard explained this is a family-operated
business,and in 1982 the Commissioners granted the Accessory to Farm use,although the applicant was
not actively farming at the time. He stated the Department of Planning Services has conditionally approved
two of the three residences, the farmhouse is in need of major repair which is not feasible for the applicant,
and they would like to abandon the farmhouse to be used for storage and convert the Accessory Mobile
Home to become the primary residence. In response to Commissioner Vaad, Mr. Drouhard stated the
farmhouse is currently being used for storage and temporary housing for family that comes to visit, and
if the request is approved, the farmhouse would be used for storage only.
Harrold Etter, applicant, stated his mother previously lived in the farmhouse; however, her will indicates
the farm estate must be sold and divided among the family members. Mr. Etter stated the house was built
in 1874 prior to Colorado statehood,and added his brother Vern and his son Steve have operated the shop
for most of their lives. He stated the operation is beneficial for the neighborhood, farmers come for
machine repair and parts, and he described the surrounding current and potential uses. Mr. Etter stated
his brother Vern is retired, and the garage and salvage is currently owned by Steve. Commissioner Long
stated he has visited the the site; however, the details of the application were not discussed prior to this
hearing.
Harrold Claus, surrounding property owner, stated the Etters came to the area in 1941. In the beginning
they farmed; however, they now operate a productive and beneficial machine shop. Mr. Claus stated the
three homes have been there for decades, the surrounding properties have been developed, and the
request to allow the existing structures to remain should be approved. Mr. Claus submitted a copy of this
statement, also signed by approximately 20 residents in the area.
Mr. Drouhard submitted a copy of the letter referred to by Mr. Claus, marked Exhibit A, which is signed by
approximately 20 other residents in the area. In response to Commissioner Vaad, Mr. Clause indicated
the other signatures are from neighbors within a one or two-mile radius of the Etter property.
Commissioner Vaad stated staff has mentioned a Use by Special Review would be more appropriate for
this site, and added Exhibit A indicates a majority of the neighborhood would be in favor. No further public
testimony was offered concerning this matter.
In response to Commissioner Jerke, Ms. Lockman stated the applicant is opposed to Condition of Approval
#2.1. She added if the Commissioners accept the applicant's reasoning that the repair shop is an
acceptable use allowed for an Accessory to Farm, staff will require the applicant to submit evidence that
the occupant of the mobile home is principally employed at, or engaged in, the operations of the salvage
and repair shop. Mr. Barker explained once an Accessory to Farm is approved, the applicant is required
to annually submit evidence that the Accessory to Use still exists. He stated part of the criteria for a
Recorded Exemption includes addressing any zoning violations as a Condition of Approval. Mr. Barker
stated the applicant does not have to confirm the Accessory Use today, and added staff may still consider
this as a zoning violation that can be brought before the Board in violation hearing. Ms. Lockman
requested the Board give staff direction as to what is acceptable for an Accessory Use if Condition of
Approval#2.1 is deleted. Responding to Commissioner Vaad, Ms. Lockman stated the original Accessory
to Farm permit was approved for a farming operation; however, there is no evidence that a traditional
farming operation exists.
Mr. Drouhard reiterated that although an Accessory to Farm was approved in March 1982, there was no
farming operation taking place at that time, and the business has not changed since that date.
Responding to Commissioner Vaad, Ms. Lockman stated if Condition of Approval #2.1 is deleted, it is
Minutes, January 22, 2001 2001-0205
Page 5 BC0016
evident that there is no farming and the mobile home does not fit into any of the remaining categories for
an accessory mobile home. Responding to Commissioner Jerke, Mr. Barker stated in this instance the
Board must determine whether this is a zoning violation, or if the use is consistent with the Accessory to
Farm use granted in 1982.
Commissioner Jerke moved to approve Recorded Exemption #2870 for the Estate of Marie Etter, do
Harrold Etter, with the Conditions of Approval as presented, and delete Condition of Approval #2.1.
Commissioner Masden seconded the motion. Commissioner Vaad stated prior approval of ZPMH #568
set a precedent,the applicants are involved in repair of agricultural equipment, and it does not appear that
this is a nonconforming use. The motion carried unanimously.
CONSIDER RECORDED EXEMPTION #2784 - ROTHERHAM: Commissioner Vaad advised John
Rotherham, applicant, that he has the option of continuing this matter to a date when the full board will be
present. However, if he decides to proceed today, it will require three affirmative votes, or in the case of
a tie vote, Chair Geile will listen to the record and make the determining vote. Mr. Rotherham indicated he
would like to proceed today.
Chris Gathman, Department of Planning Services, gave a brief description of the location of the site, and
stated staff has concerns as indicated in the Administrative Review. Mr. Gathman indicated staff proposes
Lot A be relocated from the south half of the property, to the northeast corner adjacent to the existing
septic system and the access from Weld County Road 6. He stated if this request is approved, staff also
recommends the Board consider deleting Conditions#3.A and#3.B because the applicant will be required
to apply for a separate well rather than sharing the well with the owners of the property to the east. In
response to Commissioner Jerke, Mr. Gathman stated public water is approximately one-mile away. He
further stated only a small portion of proposed Lot B has frontage on Weld County Road 6, because there
is a narrow strip of land adjacent to the ditch along Weld County Road 6. Responding further to
Commissioner Jerke, Mr. Gathman stated when Recorded Exemption #1682 was approved, there were
provisions for a shared 40-foot access easement between the lots. Mr. Carroll stated there is a bridge over
the new Brantner Ditch, which is adequate for the additional amount of traffic. The narrow portion of
property is combined right-of-way for Weld County and the Ditch Company. Responding to Commissioner
Jerke, Mr. Carroll stated the 40-foot easement is documented on the plat. Mr. Gathman stated the letter
from the Ditch Company verifies use of the easement by owners of the additional lot would be acceptable.
Mr. Gathman stated the Conditions of Approval require an Easement Certificate must be in place for the
original Recorded Exemption.
Mr. Rotherham stated he moved into the area six years ago, and applied for Recorded Exemption#1672.
He stated the Board required there be a 40-foot easement running north and south between the two lots
and that he build a bridge over the Brantner Ditch. Mr. Rotherham contested staff's comments that his
proposal will create a flag lot. He stated there is a legal easement, not an access easement across
another property, so this is not a flaglot. Mr. Rotherham further stated a large portion along the ditch is
marshy during summer flow times, therefore, staffs proposed location for Lot A is not an ideal location.
Mr. Rotherham indicated he has no specific plans for the sale of Lot A, and he is willing to fence or screen
the equipment he currently has on the site. He stated the property slopes from south to north which
determined the placement of the existing septic system, and if Lot A is approved,there will be a third party
using the easement. He stated the new owner of Lot A will have to install their own well and leach field.
He further stated following percolation tests, he is confident Lot A will be adequate for a septic system, and
his existing leach field is located just south of the marshy area. Responding to Commissioner Long, Mr.
Rotherham stated his well is 600 feet, and there is adequate water. He stated the well is shared with his
parents who own Lot A of Recorded Exemption #1672. He stated there is an easement for well access,
it is used for domestic purposes and to raise grass hay which he harvests each year. Mr. Rotherham
stated he does not own Brantner Ditch water shares. Responding to Commissioner Jerke, Mr. Rotherham
Minutes, January 22, 2001 2001-0205
Page 6 BC0016
stated the Ditch Company had him confirm the existence of a recorded easement prior to signing the
easement agreement. In response to Mr. Barker Mr. Rotherham stated the purchaser of Lot A will have
to comply with the maintenance agreement for the easement and ditch bridge. Mr. Rotherham further
stated he is willing to provide written evidence of consent from the other parties who signed the easement.
Mr. Carroll referred to the recorded plat showing a 40-foot easement from Weld County Road 6 extending
to the south end of the applicant property boundary. He stated the easement is 30 feet wide with 5-foot
drainage ditches. Mr. Gathman confirmed the road along the easement exists and is in good condition.
Mr. Rotherham stated the road crossing the marshy area was built up approximately 5 feet. Mr. Gathman
requested the applicant provide evidence that the other easement users are in agreement with allowing
additional users. Mr. Barker recommended Condition of Approval #3.C be amended to add a sentence
stating, "The applicant shall provide written evidence to the Department of Planning Services of consent
from all users/owners of such existing joint access and utility easement for use as access to both Lots A
and B of Recorded Exemption #2784."
Commissioner Jerke moved to approve Recorded Exemption #2784 for John and Alicia Rotherham, with
the Conditions of Approval as presented, and to delete Conditions#3.A and#3.B, amend Condition#3.C
to add a sentence to state, "The applicant shall provide written evidence to the Department of Planning
Services of consent from all users/owners of such existing joint access and utility easement for use as
access to both Lots A and B of Recorded Exemption #2784,"and reletter as appropriate. Commissioner
Long seconded the motion. No public testimony was offered concerning this matter. The motion carried
unanimously.
CONSIDER MINOR RESUBDIVISION, S#585-CATHOLIC CHARITIES AND COMMUNITY SERVICES:
Commissioner Vaad advised John Moore, applicant's representative, that he has the option of continuing
this matter to a date when the full board will be present. However, if he decides to proceed today, it will
require three affirmative votes, or in the case of a tie vote, Chair Geile will listen to the record and make
the determining vote. Mr. Moore indicated he would like to proceed today.
Mr. Gathman stated staff recommends approval as indicated in the Administrative Recommendation. He
explained the house is encroaching on an adjacent parking lot area. The applicant has applied to move
the existing lot line 17 feet to the north, and approval of this request will correct that situation. In response
to Commissioner Jerke, Mr. Gathman indicated the location of the Guadalupe Center located to the west.
He stated the house is a private residence on Lot 11.
Mr. Moore stated this request will bring the property into compliance.
Commissioner Jerke moved to approve Minor Resubdivision, S #585, for Catholic Charities and
Community Services,with the Conditions of Approval as presented. Commissioner Masden seconded the
motion, which 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, January 22, 2001 2001-0205
Page 7 BC0016
There being no further business, this meeting was adjourned at 10:45 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: EXCUSED
M. J. Geile, Chair
Weld County Clerk to the Board
Glenn Vaad, Pro-Tem
BY:
Deputy Clerk to the Board
William H. Jerke
David E. Long
Robert D. Masden
Minutes, January 22, 2001 2001-0205
Page 8 BC0016
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