HomeMy WebLinkAbout20012423 RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
AUGUST 27, 2001
TAPE #2001-35
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, August 27, 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 Vaad moved to approve the minutes of the Board of County Commissioners
meeting of August 22, 2001, as printed. Commissioner Long seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Vaad moved to approve the Certification of Hearing
conducted on August 22, 2001, as follows: 1) A Site Specific Development Plan and Use by Special
Review Permit #1306, Platte Sand and Gravel, LLC, c/o AgPro Environmental Services, LLC.
Commissioner Long seconded the motion, which carried unanimously.
ADDITIONS TO AGENDA: The following was added under New Business: 4) Consider Resolution re:
Installation of Traffic Control Devices on Weld County Roads 8 and 65 to Reduce Speed Limits [2001-
2420]
CONSENT AGENDA: Commissioner Vaad moved to approve the consent agenda as printed.
Commissioner Long seconded the motion, and it carried unanimously.
PRESENTATIONS:
RECOGNITION OF SERVICES, WELD COUNTY DEPARTMENT OF PUBLIC WORKS - ROBERT
GOOD: Chair Geile read the certificate recognizing Robert Good for eight years of service in the Weld
County Department of Public Works. Frank Hempen, Jr., Director of Public Works, presented Mr. Good
with a pin and stated he worked for Weld County prior to 1993, for a total of 14.5 years with Weld County.
He stated Mr. Good has been a dependable and knowledgeable employee, who worked to provide safe
roads for the traveling public in the area that he maintained. Mr. Hempen stated Mr. Good has been a
2001-2423
BC0016
solid employee and the Department will miss him. Jeff Reif, Department of Public Works, also
commended Mr. Good for assisting in a traffic accident near Rockport and for providing the assistance
needed to help save that person's life.
PUBLIC INPUT: There was no public input.
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $851,952.34
Commissioner Masden moved to approve the warrants as presented by Mr.Warden. Commissioner Long
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER MEMORANDUM OF AGREEMENT FOR SENIOR NUTRITION PROJECT AND AUTHORIZE
CHAIR TO SIGN-FORT LUPTON COMMUNITY CENTER: Walt Speckman, Director of Human Services,
stated this will initiate a Senior Nutrition Program in Fort Lupton. Responding to Commissioner Vaad, Mr.
Speckman stated the County will sponsor congregate meals at the Community Center; however, the
community will run the program. In response to Commissioner Masden, Mr. Speckman stated the meals
are provided by UNC; however, he is not certain whether the meals are prepared at the site or delivered,
and he will provide the board with an anticipated number to be served at a later date. Commissioner Long
moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Vaad,the
motion carried unanimously.
CONSIDER AGREEMENT FOR PERMANENT MAN-MADE STRUCTURES LOCATED WITHIN 200 FEET
OF PROPERTY OWNED BY WELD COUNTY AND AUTHORIZE CHAIR TO SIGN-L.G. EVERIST, INC.:
Frank Hempen, Jr., Director of Public Works, stated the Division of Minerals and Geology requires a pit
owner to get approval from the owner of any man-made structures within 200 feet of the pit. He stated the
agreement provides for compensation if the structure is damaged as a result of the mining operations. Mr.
Hempen gave a brief description of the location of the site, and stated Weld County owns the road
adjacent to the operation. He stated this is a routine request and signing the agreement does not ensure
approval of the pit by the State. In response to Commissioner Vaad, Mr. Hempen stated a bridge will be
constructed over the St. Vrain River near this pit. Commissioner Vaad expressed concern with flooding
that could potentially damage the bridge due to the location of the pit. Responding to Commissioner Jerke,
Mr. Hempen stated this permitting process is unrelated to the Use by Special Review permit process.
Commissioner Jerke suggested staff begin adding a Condition of Approval to the Use by Special Review
permits for gravel mining operations within 200 feet of County property, to automatically approve this
document if the permit is granted. Mr. Hempen reiterated this is a separate permitting process; however,
he will discuss the idea with the Department of Planning Services and the Division of Minerals and
Geology. Mr. Barker concurred, and added the County is only involved if it owns structures within 200 feet
of an operation. Commissioner Jerke moved to approve said agreement and authorize the Chair to sign.
Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER TWO CONTRACTS FOR CONSULTANT ENGINEERING SERVICES FOR BRIDGE
PROJECTS ON WELD COUNTY ROADS 13 AND 27 (AKA 83RD AVENUE)AND AUTHORIZE CHAIR
TO SIGN - SEAR-BROWN: Mr. Hempen stated under these contracts, Weld County will receive Federal
funding for two bridge replacement projects on Weld County Roads 13 and 27 (aka 83rd Avenue). He
stated the project on Weld County Road 13 will cost $280,895.00, and the 83rd Avenue project will cost
$169,718.00. Mr. Hempen stated Weld County will be responsible for 20 percent of the cost, with the
remainder funded by the Federal government. He further stated the 20 percent cost will be further split
Minutes, August 27, 2001 2001-2423
Page 2 BC0016
with the City of Greeley for the 83rd Avenue project. In response to Commissioner Vaad, Mr. Hempen
stated both bridges will be enlarged to four lanes and will appropriately span the floodway. He stated the
difference in cost between the two projects is due to the length of each bridge, and any additional studies
which need to be completed. He further stated the amounts are estimated costs, with a fixed fee.
Commissioner Jerke moved to approve said contracts and authorize the Chair to sign. Seconded by
Commissioner Long, the motion carried unanimously.
CONSIDER RESOLUTION RE: INSTALLATION OF TRAFFIC CONTROL DEVICES ON WELD COUNTY
ROADS 8 AND 65 TO REDUCE SPEED LIMITS: Mr. Hempen stated there has been a request to consider
placing speed limit signs on Weld County Roads 8 and 65 to reflect the need for turning movements of
school traffic. He stated Cardinal Community Academy is located in the northwest corner of the
intersection,and due to roadside friction caused by traffic turning in and out of the school, he recommends
approval. Mr. Hempen stated Weld County Road 8 has a Stop sign, and Weld County Road 65 is a
through road. (Clerk's Note: Remainder of hearing not recorded due to mechanical failure of recording
equipment.) Mr. Hempen stated generally the traffic speeds exceed 55 miles per hour, and he proposes
the speed limit be stepped down from 55, to 45, and then to 35 miles per hour. He stated this portion of
the roadway is scheduled to be paved next year, and at this time he does not feel a 20 mile-per-hour
school zone is appropriate because there is no pedestrian traffic. Mr. Hempen explained the purpose of
the request is to slow the traffic to accommodate those vehicles turning at the school and to provide a safer
entrance into the school. Commissioner Masden thanked the Department of Public Works for addressing
the traffic issues near the Hoff Elementary School area. Commissioner Masden moved to approve said
Resolution. Commissioner Jerke seconded the motion, which carried unanimously.
CONSIDER APPOINTMENTS TO JUVENILE COMMUNITY REVIEW BOARD: Commissioner Vaad
moved to appoint Patty Hughes and Louisa Warfield to the Juvenile Community Review Board,with terms
expiring November 1, 2002. Commissioner Masden seconded the motion, which carried unanimously.
CONSIDER RESOLUTION RE: ACCEPT RECOMMENDATION OF ERIE AREA ROAD ADVISORY
GROUP FOR LEON WURL PARKWAY: Mr. Hempen stated approval of this Resolution will allow
$238,000.00 of the Southwest Weld Land Fill Fees for Road Improvements to be spent on improvements
to the Leon Wurl Parkway. He explained the agreement that established the fund requires a technical
advisory committee to make a recommendation. Mr. Hempen stated he and Judy Ding, Erie Town
Engineer recommend approval of this expenditure. He explained the funds will cover the cost of
construction and any future maintenance needs. Commissioner Vaad moved to approve said Resolution.
Commissioner Long seconded the motion, which carried unanimously.
PLANNING:
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL, AND ACCEPT REPLACEMENT
COLLATERAL FOR SITE PLAN REVIEW, SPR #325 - CROWN CASTLE ATLANTIC, LLC: Kim Ogle,
Department of Planning Services, stated on June 1, 2001, the Department of Planning Services staff
conducted a site investigation for a 70-foot monopole. He gave a brief description of the location of the
site and stated the plant materials viewed at the site were not agreed to and he recommends retaining the
collateral in the amount of$43,500.00. Mr. Ogle explained the previous bond held for collateral expired
on July 24,2001; however,the property owner has submitted a new License or Permit Bond in the amount
of$43,500.00 and he recommends approval. In response to Commissioner Jerke, Mr. Ogle stated the
$43,500.00 was required to cover paving the access drive and interior area and for landscaping. The
applicant decided to roll over the entire amount into a new bond. Commissioner Vaad moved to cancel
and release said collateral and accept the replacement collateral for Site Plan Review#325 for Crown
Castle Atlantic, LLC. Commissioner Long seconded the motion, which carried unanimously.
Minutes, August 27, 2001 2001-2423
Page 3 BC0016
CONSIDER MOBILE HOME PERMIT, ZPMH#2239- RONALD AND VIRGINIA RAINEY AND RANDALL
DUNCAN:Wendi Inloes,Department of Planning Services,stated this request is for a second mobile home
to be placed on the property and used as an Accessory to the Farm. She gave a brief description of the
location of the site, and stated the Department of Planning Services recommends denial of this request
for the reasons cited in the Administrative Review. Ms. Inloes stated Mobile Home Permit, ZPMH #2274
was previously approved by staff for the current mobile home on the site. She stated the applicant has
not demonstrated a sufficient need for a second mobile home at this site. Ms. Inloes explained the
applicants run a horse operation which only justifies one mobile home. In response to Commissioner
Jerke, Ms. Inloes stated this would create a third residence on the property.
Virginia Rainey, applicant, stated they raise Arabian horses, and she submitted photographs, marked
Exhibit A. Ms. Rainey stated they purchased the property in 1986, at which time the first mobile home
already existed. She stated it was their understanding that the mobile home was permanent, and they
lived in it while the new home was being built. Ms. Rainey stated their home is still under construction,and
they would like to hire additional help due to their age and poor health conditions. Ms. Rainey stated they
board,train, raise, sell, and market horses. They also host an open house each month for others to bring
in and sell their own horses. She stated prior to their purchase of the site, the property was not a very
productive wheat field, and they have constructed a pond in a low area where they could not farm. Ms.
Rainey stated they have planted many trees and made many enhancements to the property with
landscaping. She further stated they placed a new roof on the existing mobile home, and they would like
to do the same with the second mobile home. She indicated the second mobile home would be located
on the far corner of the property, and use the existing oil and gas access road from Weld County Road 15
for an access to the residence. Ms. Rainey stated they are checking on having a septic system, and the
site is serviced with a Mountain View Water District tap and a well. She further stated a petition was signed
by all of her neighbors within 500 feet indicating they have no concerns with this request.
Ron Rainey stated the second mobile home would be used to house an employee who would train their
horses. He stated the person has worked with them in the past, she is very familiar with the operation,and
would be assisting with their 45 horses. Mr. Rainey stated without further assistance, they are unable to
leave the property for any extended amount of time,and added this operation provides their primary source
of income. In response to CommissionerJerke,Ms. Rainey stated Jim Easthouse is a brand inspector who
lives in the existing mobile home. She stated he helps on the evenings and weekends, and his presence
has also helped with security issues. She stated they have not had any further burglaries during the past
year and a half since Mr. Easthouse has lived there. Mr. Barker stated this type of permit must be justified
on an annual basis, and the mobile home must be occupied by someone working on the farm. He stated
if the property is sold with the same use continuing, there is no provision stating whether the permit is
guaranteed to the next property owner. Ms. Inloes stated if the property is sold, staff will not be aware of
the new owner until the annual inspection unless notified sooner. In response to Ms. Inloes, Ms. Rainey
stated they have done boarding in the past; however,they are just training their own personal horses right
now. Ms. Inloes expressed concern that bringing in other horses as boarders for training may justify a Use
by Special Review Permit. Ms. Rainey stated she does not want to expand the operation, they just want
to keep it going for financial support. In response to Commissioner Jerke, Ms. Rainey stated they have
40 acres, and 160 animal units are allowed by right. In response to Commissioner Vaad, Ms. Rainey
stated Randall Duncan is their son and he owns the property. Ms. Inloes clarified the mobile homes should
not be used as rentals for individuals who do not work at the facility.
Don Carroll, Department of Public Works, expressed concern with locating an accessory to farm so far
from the operation. He stated the second mobile home is proposed to be located one-half mile from the
main operation,which appears to be more like a Recorded Exemption concept. Ms. Rainey stated the new
resident could easily access the facility along the existing oil access road. She stated they will need to
check the horses at night and again each morning. She stated they are trying to enhance the property,
Minutes, August 27, 2001 2001-2423
Page 4 BC0016
and locating another mobile home so close will detract from the overall appearance of the site. Mr. Rainey
stated when they purchased the property, there were no trees or structures. He explained they would like
to place the septic and water services for the mobile home in an area that could someday be split off
through a Recorded Exemption. He stated the mobile home would still be close enough by using the oil
well access road and the property would serve a twofold purpose in the future. In response to Chair Geile,
Ms. Rainey stated they purchased the property in 1986, and then sold the site to their son in 1990. In
response to Commissioner Jerke, Ms. Inloes clarified that Randall Duncan was also a party on the
application.
Commissioner Jerke stated he is opposed to the proposal because 40 acres does not justify the need for
an additional mobile home,although this is considered an agricultural use. He further stated the resident's
primary employment is not at the farm, and there appears to be potential for many unintended
consequences from an additional mobile home in a rural area. Commissioner Jerke commented this
permit should not be used to obtain mobile homes to be used as a second source of income.
Commissioner Vaad commented he appreciates the applicants working with their neighbors and doing nice
landscaping. However, he expressed concern with placing a mobile home in a location that does not
appear to serve as an accessory to the farm. He further stated the applicant indicated they intend to split
the parcel off at a future date through the Recorded Exemption process. He stated approval of this request
may set a precedent for future requests that do not meet the intent of an Accessory to the Farm.
Commissioner Vaad moved to deny Mobile Home Permit, ZPMH #2239, for Ronald and Virginia Rainey
and Randall Duncan. Commissioner Jerke 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.
There being no further business, this meeting was adjourned at 10:05 a.m.
BOARD OF OUNTY COMMISSIONERS
WELD CO TY, COLORADO
ATTEST: ateli llsaM. J. eile, Chair
Weld County Clerk to t B.:
r 1861 (' tlpY��
X44 � Glenn Vaad, ro-Tem
BY:
Deputy Clerk to the j
Willi H. Jerke
F
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Robert D. 1Aa den
Minutes, August 27, 2001 2001-2423
Page 5 BC0016
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