HomeMy WebLinkAbout20012202 RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JULY 30, 2001
TAPE#2001-32
The Board of County Commissioners of Weld County, Colorado, met in regular session in full conformity
with the laws of the State of Colorado at the regular place of meeting in the Weld County Centennial
Center, Greeley, Colorado, July 30, 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 Masden moved to approve the minutes of the Board of County Commissioners
meeting of July 25, 2001, as printed. Commissioner Jerke seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Vaad moved to approve the Certification of Hearings
conducted on July 25, 2001, as follows: 1)A Site Specific Development Plan and Use by Special Review
Permit#1331, Brian and Kathy Williamson; 2) A Site Specific Development Plan and 2nd Amended Use
by Special Review Permit #1172, Hall-Irwin Corporation, do Rocky Mountain Consultants, Inc.; and 3)
Amendment to St.Vrain Sanitation District Service Plan, including a boundary change,St.Vrain Sanitation
District, do Mark Peterson. Commissioner Masden seconded the motion, which carried unanimously.
ADDITIONS TO AGENDA: There were no additions to the agenda.
CONSENT AGENDA: Commissioner Vaad moved to approve the consent agenda as printed.
Commissioner Masden seconded the motion, and it carried unanimously.
PUBLIC INPUT: There was no public input.
2001-2202
BC0016
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $791,634.54
Electronic Transfers -All Funds $2,978,667.43
Commissioner Masden moved to approve the warrants as presented by Mr.Warden. Commissioner Vaad
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER APPLICATION FOR LICENSE TO CONDUCT PUBLIC DANCE OR DANCES IN 2002 - J.
MONTES, INC., DBA EL RODEO NIGHT: Bruce Barker, County Attorney, stated staff has no concerns
with this request and recommends approval. Commissioner Vaad moved to approve said application.
Commissioner Masden seconded the motion, which carried unanimously.
CONSIDER RENEWAL APPLICATION FOR TAVERN LIQUOR LICENSE AND AUTHORIZE CHAIR TO
SIGN - J. MONTES, INC., DBA EL RODEO NIGHT CLUB: Mr. Barker stated Deputy J. D. Broderous
indicated no concerns. Commissioner Masden moved to approve said renewal application and authorize
the Chair to sign. Seconded by Commissioner Vaad, the motion carried unanimously.
CONSIDER PURCHASE OF SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN -
MONTROSE COUNTY HOUSING AUTHORITY: Walt Speckman, Director of Human Services, stated
under this agreement,the Human Services Department will coordinate with the Montrose Housing Authority
to provide maintenance, nutritional services and before/after child care as part of the Migrant Head Start
Program. Commissioner Long moved to approve said agreement and authorize the Chair to sign. The
motion, which was seconded by Commissioner Masden carried unanimously.
CONSIDER AGREEMENT FOR WEED SPRAYING AND AUTHORIZE CHAIR TO SIGN - TOWN OF
FIRESTONE: Frank Hempen, Jr., Director of Public Works, stated this agreement allows the County to
spray noxious weeds along rural roads that have been annexed by a municipality. He explained many of
the smaller towns do not have the necessary equipment for weed control. Commissioner Vaad moved to
approve said agreement and authorize the Chair to sign. The motion was seconded by Commissioner
Jerke, and it carried unanimously.
CONSIDER RESOLUTION RE: INSTALLATION OF TRAFFIC CONTROL DEVICES ON WELD COUNTY
ROADS 59 AND 16.5: Mr. Hempen stated there is new elementary school at the northeast corner of the
intersection of Weld County Roads 59 and 16.5. He stated school will be starting soon and staff feels it
is necessary to step-reduce the speed limit entering Keenesburg down from 55 miles per hour to 25 miles
per hour through the school zone. In response to Commissioner Vaad, Mr. Hempen stated the speed limit
will be reduced in ten-mile-per-hour increments. Commissioner Masden commented he is a member of
the School Board for the Keenesburg District and feels this speed reduction is very important for the
childrens' safety. Commissioner Masden moved to approve said Resolution, with an amendment to the
resolution to indicate the speed limit will be stepped down from 55 miles per hour to 25 miles per hour in
10 mile-per-hour increments. Commissioner Vaad seconded the motion, which carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF
A PORTION OF WELD COUNTY ROAD 14 EAST OF WELD COUNTY ROAD 55 AND AUTHORIZE
CHAIR TO SIGN - MARYANN CHUMLEY: Mr. Hempen stated this is for a three-quarter mile section of
Weld County Road 14 east of Weld County Road 55. He stated Weld County Road 14 is not maintained,
this type of agreement is a routine request to be done in conjunction with a Recorded Exemption, and all
necessary notifications have been done. Responding to Commissioner Jerke, Mr. Hempen stated the
Minutes, July 30, 2001 2001- 2202
Page 2 BC0016
portion of road will be located one mile south and one-half mile west of Keenesburg. In response to
Commissioner Masden, Mr. Hempen stated the Recorded Exemption was to split an 80-acre parcel into
two lots. Don Carroll, Department of Public Works, stated Lots A and B are approximately 35 and 45
acres. Mr. Hempen confirmed there is 60 feet of right-of-way, and added significant improvements will be
required if Weld County Road 57 is ever constructed to cross the Hudson Canal. Commissioner Masden
moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Jerke,
the motion carried unanimously.
CONSIDER REAPPOINTMENT TO BOARD OF RETIREMENT: Commissioner Vaad moved to reappoint
Drew Scheltinga to the Board of Retirement, with a term expiring July 31, 2005. Commissioner Long
seconded the motion, which carried unanimously.
PLANNING:
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR HUNT-WIEDEMAN FINAL
PLANNED UNIT DEVELOPMENT, S #493 - DAVID HUNT/TERRY WIEDEMAN: Julie Chester,
Department of Planning Services, stated the Departments of Public Works and Planning Services have
reviewed the existing asphalt at the site and recommend release of the remaining fifteen percent being
held as collateral for the last year, in the amount of$1,546.65. In response to Commissioner Masden, Mr.
Carroll stated paving was required on the site's location adjacent to two State Highways, the asphalt
appears to be in good condition, and he recommends approval of the release of collateral. Commissioner
Masden moved to Cancel and Release said Collateral for Planned Unit Development Final Plan, S#493,
for David Hunt and Terry Wiedeman. Commissioner Jerke seconded the motion, which carried
unanimously.
CONSIDER RECORDED EXEMPTION #3115 - ARVID AND BARBARA FIECHTNER: Julie Chester,
Department of Planning Services, gave a brief description of the location of the site,which is currently 3.2
acres, and proposed to be split into two lots averaging 1.5 and 1.7 acres. Ms. Chester stated staff
recommends denial of this request for the reasons listed in her Administrative Review. She stated the
applicant originally proposed one access; however, certain staff members were not aware that Weld
County Road 13 is an arterial roadway and recommended two separate accesses. Condition of Approval
#3.B has been added to correct that advice and requires one shared access. In response to
Commissioner Vaad, Mr. Carroll stated the agricultural access needs to be addressed by the applicant
since it is shown to overlap onto Lot A of Subdivision Exemption #523 and Lot B of Recorded Exemption
#2819. Responding to Chair Geile,Ms.Chester stated Subdivision Exemptions#522 and#523 were done
in 1994 in conjunction with Recorded Exemption #1685, and Recorded Exemption #2819 was approved
in 2000. Ms. Chester explained the Ten Year Rule came into effect in 1995; however, Subdivision
Exemptions do not have time restrictions. She stated staff has always interpreted the regulations
regarding Subdivision Exemptions to imply that a legal lot is created to split off existing improvements, not
create a new buildable lot. She further stated Lot A of Recorded Exemption #1685 is also eligible to be
divided. Mr. Carroll stated the Department of Public Works recommends the two parcels use a shared
access if this request is approved.
Arvid Fiechtner, applicant, gave a brief summary of how the property was divided up to this point and
explained the remaining agricultural land and water rights have been sold to a developer, and is currently
used for dryland farming. Mr. Fiechtner stated Lake Thomas was constructed in 1976, which obstructed
their view and caused hydrogen sulfite emissions which has reduced their property value and caused
health hazards for his wife. He stated the property has been listed for sale for more than a year, and
several potential buyers indicated the lot would be more desirable if it were split into two parcels. In
response to Commissioner Jerke,Mr. Fiechtner stated his home is serviced by the Little Thompson Water
District,which has indicated a tap is available for the additional lot, and the Fire Department has indicated
approval,and septic system is adequate and has underground drains as a result of the lake. Responding
to Commissioner Vaad, Mr. Fiechtner stated the agricultural access is located between Subdivision
Minutes, July 30, 2001 2001-2202
Page 3 BC0016
Exemptions#522 and #523, each of the lots owned by him and his brothers are comparable in size, and
the current farmer has to bring his own water to irrigate the farm. He further stated there are 19 accesses
along the mile south of the farm so one agricultural access should not be a problem; however, he is willing
to fence it if necessary. Responding to Commissioner Jerke, Mr. Fiechtner stated he is willing to have both
lots use a shared access as proposed in their original plan. Commissioner Jerke stated the number of
accesses needs to be limited as much as possible. Mr. Fiechtner stated the speed limit should also be
lowered for safety purposes. In response to Chair Geile, Mr Fiechtner stated two of his brothers live on
Subdivision Exemption#522 and Lot A of Recorded Exemption#1685,and Lot A of Recorded Exemption
#2819 is the old dairy facility, which has been sold to provide a ten-acre residential lot. Chair Geile read
Condition of Approval#3.1.7 for the record,and Mr. Fiechtner stated the closest St.Vrain Sewer line is four
miles to the south. Ms. Chester stated Condition of Approval #3.I.7 is standard language added by the
Health Department to inform the land owner that septic permits will not longer be issued once a sewer line
is within 400 feet of the property. Mr. Fiechtner indicated the Town of Mead has plans for extending a
sewer line to bypass Lake Thomas to reach the lowest point in the area at the canal which runs across the
northern edge of the farm.
Barbara Fiechtner, co-applicant, stated they have been working with the Weld County Department of
Public Health and Environment, Colorado Department of Public Health and Environment, and
Environmental Protection Agency regarding the septic system. She stated Public Service has caused
problems, there is hydrogen sulfide, and the property is difficult to farm, therefore, they would like to sell
the land and avoid future problems. Ms. Fiechtner stated Recorded Exemption#2819 was split off by the
current owner, not the farm owners, and added potential buyers of their home have indicated the parcel
would be more desirable with an adjacent lot which could be used to house family. She further stated they
are willing to construct a fence or gate across the agricultural access; however, the access does need to
remain to provide access to the fields, as well as the residence propane tank. No public testimony was
offered concerning this matter.
Ms. Chester requested direction from the Board regarding the splitting of Subdivision Exemption lots. She
stated the language needs to be clarified in the Code because as currently interpreted, a Subdivision
Exemption is created to split off existing improvements to allow one additional lot through the Recorded
Exemption process. Commissioner Vaad concurred; however, he stated the matter will need to be
discussed at a later time. In response to Commissioner Jerke, Mr. Carroll stated Condition of Approval
#3.b requires a shared access.
Commissioner Vaad moved to approve Recorded Exemption#3115 for Arvid and Barbara Fiechtner,with
the Conditions of Approval as proposed by staff. Commissioner Jerke seconded the motion. In response
to Chair Geile, Mr. Fiechtner stated he has reviewed and agrees with the Conditions of Approval. The
motion carried unanimously.
CONSIDER AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST STEVEN AND TAMMERA LONG AND KEN ALVAREZ FOR VIOLATION OF THE
WELD COUNTY CODE: Bethany Salzman, Department of Planning Services, stated the site is owned by
Steven and Tammera Long, and the tenant is Ken Alvarez. She gave a brief description of the location
of the site, and stated she visited the site, along with the Colorado Division of Wildlife and Weld County
Sheriff. Ms. Salzman stated the tenant needs to obtain a Special Review Permit for housing the exotic cats
and stated this emergency violation hearing is being held due to immediate safety concerns. Ms. Salzman
stated the animals are used at off-site locations for photo shoots, and although information for a Use by
Special Review Permit was mailed to Ken Alvarez, an application has not been submitted. Ms. Salzman
indicated Mr.Alvarez has also been notified of violations with the United States Department of Agriculture
(USDA) and Colorado Division of Wildlife, and she cited various other violations on the property. Ms.
Salzman stated Mr. Alvarez would like an extension to allow adequate time to apply for a Special Review
Minutes, July 30, 2001 20012202
Page 4 BC0016
Permit; however, staff recommends the matter be referred to the County Attorney's Office, with a delay
in action. Ms. Salzman submitted a letter provided by Mr. Alvarez from the USDA, marked Exhibit A.
Mr. Alvarez, explained his company is incorporated out of Kansas; however, their USDA permit issued in
Kansas expired in June, so they built this facility to meet the permanent codes and were approved by the
USDA. He stated this has always been intended as a temporary location. He contacted the Weld County
Planning Department and Division of Wildlife and neither had provisions for a temporary permit. Mr.
Alvarez stated the animals were on display at the American Furniture Warehouse from November 16,
2000, through May 25, 2001, and were approved by the USDA at that location. He further stated he did
not apply for a Special Review Permit because the facility was to be temporary,and the permitting process
takes too long. The permanent location is in Texas, and all of the animals will be removed by Thursday,
August 2, 2001. Mr. Alvarez stated the Division of Wildlife expressed concern regarding the perimeter
fencing, small chains and padlocks,and the potential for the animals digging under the fences. He stated
the Division of Wildlife has been informed of their intent to relocate the animals in Texas, and once
confirmed on Thursday, that charge will be dismissed. Mr. Alvarez stated they have complied with the
requests of the Division of Wildlife,and noted the animals do not have claws so they cannot dig under the
fences.
Steve Long, property owner, stated this was originally set up to be a temporary situation, and upon
receiving information regarding a Special Review Permit, he advised Mr. Alvarez that the animals would
have to be removed because he does not want that use permitted on his property. In response to
Commissioner Jerke, Mr. Long stated most of the cages have been torn down and Mr.Alvarez has already
removed eight of the cats. Mr. Alvarez reiterated they intended to remove the animals sooner, but they
had such a busy workload in Colorado, that they remained longer. In response to Chair Geile, Ms.
Salzman stated the photos included in the file from the Fox website shows the amount of animal contact
allowed. Mr. Alvarez stated his USDA permit allows for human contact,the animals are used in public for
publicity purposes, he has taken thousands of pictures involving contact with the animals, and there has
never had a public incident of injury.
Courtney Crawford, Division of Wildlife, Greeley South District, concurred with Ms. Salzman's report, and
indicated Mr.Alvarez has been cited with illegal possession of 25 exotic cats, and one mountain lion, and
the charges are pending in county court. Mr. Crawford stated although Mr. Alvarez was given the
regulations that must be met prior to bringing animals into the State, he failed to comply. He stated if Mr.
Alvarez is found guilty, his licensing privileges in Colorado may be revoked. In response to Chair Geile,
Mr. Crawford stated Mr.Alvarez does has a USDA Exhibitors License; however, he has no further permits
through the State of Colorado or County for this or any other facility. Mr. Crawford stated he inspected the
property this morning to confirm the improvements to the perimeter fence, chains, and padlock, and he
will reinspect the site late Thursday or early Friday to confirm the animals have been removed. In
response to Chair Geile, Mr. Barker stated the issue regarding removal of the animals will be addressed
by Thursday, and he suggested Ms. Salzman inspect the site to confirm they have been removed. He
further stated the property owner and tenant agreed to remove the animals by September 15, 2001;
however, due to the pending citations and violations, the animal keeper has indicated he decided to
remove the animals sooner. Ms. Salzman stated the junkyard violations will be closed once the facility is
closed and the fencing panels, wood, etc. are removed. Mr. Crawford stated Mr. Alvarez met today's
deadline for upgrading the perimeter fence and locks,and noted the Division of Wildlife did not impose the
September 15, 2001, deadline. There being no further comments, Chair Geile closed public testimony.
Mr. Alvarez stated he has been issued three tickets in relation to housing the animals without a permit;
however, none of the agencies have a temporary permit. He stated he had to provide the Division of
Wildlife with copies of his import permit, and he did not receive the information directly. A volunteer for a
local school district contacted the Division of Wildlife for regulations pertaining to a Wildlife Exhibit in a
school. Mr. Alvarez stated he chose not to visit the schools due to his busy work load, and he requested
Minutes, July 30, 2001 2001-2202
Page 5 BC0016
no action be taken against Mr. Long as the animals will be removed very soon. In response to Chair Geile,
Mr. Alvarez reiterated the animals will be gone by Thursday, and the remaining supplies will be removed
in September. Ms. Salzman recommended the matter be referred to the County Attorney's Office, with
a delay of action until Thursday, August 2, 2001, regarding the relocation of the animals, and a further
delay of action until October 1, 2001, to allow Mr. Alvarez adequate time to remove any remaining debris
or pen structures. In response to Ms. Salzman, Mr. Barker stated if this activity happens again,the matter
will result in another violation unless the proper permits are acquired.
Commissioner Vaad moved to refer Violation#0100219 for Steven and Tammera Long and Ken Alvarez
to the County Attorney's Office,with a delay action until Thursday,August 2,2001,to allow adequate time
for removal of the animals, and an additional delay until October 1, 2001, for removal of the fencing
material and miscellaneous debris. Commissioner Long seconded the motion,which carried unanimously.
SECOND READING OF CODE ORDINANCE #2001-4, IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 22 COMPREHENSIVE PLAN; AND CHAPTER 26
MIXED USE DEVELOPMENT OF THE WELD COUNTY CODE:Commissioner Vaad moved to read Code
Ordinance#2001-4 by title only. Commissioner Long seconded the motion, which carried unanimously.
Bruce Barker,County Attorney,read said title into the record. Anne Best Johnson,Department of Planning
Services, stated the 14 parcels represented through this request total approximately 1,100 acres. She
gave a brief description of the proposed uses and the general location. Ms.Johnson indicated a letter was
received by Artie Elmquist, marked Exhibit C, and she also submitted a letter from Doug Rademacher
responding to Mr. Elmquist's letter, marked Exhibit D. No public testimony was offered concerning this
matter. Commissioner Vaad moved to approve Code Ordinance #2001-4 on second reading.
Commissioner Masden seconded the motion, which carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. Code Ordinance #2001-4 was approved on second reading.
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 UNTY COMMISSIONERS
WELD CO TY, COLORADO
ATTEST: gigki
✓ 6►,. f\ M. J. eile, Char
Weld County Clerk to th , _ 1/49 a, ,/L i e
Glenn Vaad,-Pro it
BY:
Deputy Clerk to the Boar �1 ^,
' Wi H. Jerke
David . Lo
Robert D. Mas en
Minutes, July 30, 2001 2001-2202
Page 6 BC0016
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