HomeMy WebLinkAbout20012243.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
AUGUST 6, 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, August 6, 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 August 1, 2001, as printed. Commissioner Long seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Vaad moved to approve the Certification of Hearings
conducted on August 1,2001,as follows: 1)A Site Specific Development Plan and Use by Special Review
Permit#1336, Mark and Phyllis Van Thuyne. 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.
2001-2243
BC0016
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $986,028.13
Commissioner Masden moved to approve the warrants as presented by Mr.Warden. CommissionerJerke
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER 2001 STATE ANNUAL PLAN AND BUDGET FOR AREA AGENCY ON AGING: Walt
Speckman, Director of Human Services, stated this is the annual plan and budget for funding programs
for seniors which help keep them active, involved, and out of assisted living environments. In response
to Commissioner Vaad, Mr. Speckman stated this budget also includes the funds for the$1,000.00 grants
provided to the senior centers. He stated these types of programs tend to save the taxpayers money.
Responding to Commissioner Jerke, Mr. Speckman stated this is for 100 percent Federal funding.
Commissioner Vaad moved to approve said plan and budget. Commissioner Long seconded the motion,
which carried unanimously.
CONSIDER TEMPORARY ROAD CLOSURE OF WELD COUNTY ROAD 19 BETWEEN WCRS 4 AND 6:
Frank Hempen, Jr., Director of Public Works, stated Weld County Road 19 was closed between Weld
County Roads 4 and 6 due to bridge damage. He reported the damage has been repaired and the road
reopened. Commissioner Masden moved to approve said temporary closure. Commissioner Vaad
seconded the motion, which carried unanimously.
CONSIDER ENTRY UPON VARIOUS LANDS BY WELD COUNTY VEGETATION MANAGEMENT
SPECIALIST: Mr. Hempen stated this is request is necessary to comply with the Weld County Code
requirements and State statute; however, staff has met with each of the listed property owners and feels
enforcement measures will not be necessary because the property owners have indicated the problem will
be resolved by the end of this week. Responding to Commissioner Vaad, Mr. Hempen stated the general
consensus is that seeds are spreading throughout the County faster than staff can mitigate or enforce
control. He explained the County is responsible for control of noxious weeds along County rights-of-way
in accordance with the Weed Management Act. Mr. Barker concurred that although the Weed Boards still
exist, they are no longer requesting to be reinstated due to new legislation. Commissioner Vaad
commented the farmers have always done a good job controlling weeds; however, a majority of that land
is now under development, and the developers are not as conscientious of weed control. Commissioner
Vaad moved to approve said entry. CommissionerJerke seconded the motion,which carried unanimously.
CONSIDER CONTRACT FOR WCR 24.5 INTERSECTION REALIGNMENT AND AUTHORIZE CHAIR
TO SIGN-RANGE ENGINEERING, INC.:Mr.Hempen stated this is an engineering contract for the design
and construction of a realignment at the intersection of Weld County Road 24.5 entering the southwest
service area. Commissioner Vaad moved to approve said contract and authorize the Chair to sign.
Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER APPOINTMENT AND REAPPOINTMENT TO PLANNING COMMISSION:Commissioner Vaad
moved to appoint Luis Llerena and reappoint Stephen Mokray to the Planning Commission with terms
expiring July 31, 2004. Commissioner Jerke seconded the motion, which carried unanimously.
CONSIDER APPOINTMENT TO BOARD OF PUBLIC HEALTH:Commissioner Masden moved to appoint
Jennifer Galindo to the Board of Public Health, with a term expiring May 23, 2003. Commissioner Jerke
seconded the motion, which carried unanimously.
Minutes, August 6, 2001 2001-2243
Page 2 BC0016
CONSIDER LEASE AGREEMENT AND AUTHORIZE CHAIR TO SIGN-CITICORP VENDOR FINANCE,
INC.: Mr. Warden stated this agreement was previously discussed with the Board, and allows for a 63-
month lease for copiers used throughout the various County buildings. Commissioner Vaad moved to
approve said lease agreement and authorize the Chair to sign. Seconded by Commissioner Long, the
motion carried unanimously.
CONSIDER DECLARING EXHIBITION BUILDING AT ISLAND GROVE PARK AS PART OF THE
TREASURER'S OFFICE FOR PURPOSE OF TAX LIEN SALE: Bruce Barker, County Attorney, stated
Section 39-11-109, C.R.S., requires that a tax lien sale be conducted at the Treasurer's Office. However,
due to limited space, he recommends the Board designate the Island Grove Exhibition Building as part of
the Treasurer's Office for the purpose of the sale. CommissionerJerke moved to approve the Resolution.
Commissioner Vaad seconded the motion, which carried unanimously.
CONSIDER PETITION FOR AN ORDER ESTABLISHING THE PAWNEE WATERSHED CONSERVANCY
DISTRICT: Mr. Barker state the Board received a request from Logan County to establish the Pawnee
Watershed Conservancy District. He stated a public input meeting was conducted on July 19, 2001, in
New Raymer, and the Board must now decide whether to sign the petition. Mr. Barker explained the
petition would also be signed by the Town of Sterling and Logan County. Chair Geile stated the Weld
County Board of Commissioners took a tour of the Pawnee Watershed area. Commissioner Long
commented this is a big issue for both Logan County and Weld County. He explained there have been
several severe floods in Logan County and there is always the potential for flooding throughout the entire
area. Commissioner Long stated he has lived in the area for 22 years,and he knows the people and how
the land works. He stated the issues faced in this part of the County are very different from any other area
in Weld County, and added many have lived in the area for generations and depend upon the land and
nature for their livelihood. Commissioner Long expressed his appreciation to Logan County for attending
this meeting to further discuss the issues.
Jim LaForce, Logan County Board of Commissioners Chair, thanked the Weld County Board of
Commissioners for holding the hearing in New Raymer. He explained the Conservancy District would
consist of people who own land in the Pawnee Watershed boundary. Commissioner LaForce explained
the financial obligation will be distributed among Weld County, Logan County and the Town of Sterling in
proportion to the amount of benefit received. He further stated the Colorado Water Board has conducted
three studies of this area and find that seven to sixteen dams along Pawnee Creek would be sufficient. He
stated the Corps of Engineers is willing to do a definitive study, costing$100,000.00,once a conservancy
district is in place. Commissioner LaForce stated Logan County is willing to amend the petition and bylaws
to indicate no taxes will be levied until the Corps of Engineers' study is complete. He explained the study
will help determine what areas are to be included, and a second vote could be taken to decide whether to
impose the tax. He further stated the Corps of Engineers requires an actual organization, not an ad-hoc
committee,and he would like to form the Conservancy District for the purpose of conducting a study only.
Commissioner LaForce stated Logan County is willing to undertake the administrative costs of completing
the study. He stated it is necessary to have definitive answers and cost estimates before deciding if this
plan is adequate. He further stated the Logan County Assessor is in the process of compiling maps of the
flood plain. In response to Commissioner LaForce, Mr. Barker stated adding language to the petition and
bylaws to restrict taxation until the study is complete and a subsequent vote is taken would be a legal
option.
Gene Nelson stated he lives at the head of Pawnee Creek, which falls 2,000 before it reaches the bridge
at Highway 14. Mr. Nelson stated Pawnee Creek is very narrow where all the tributaries come together,
and dams will only slow the flow, but damage the shallow areas. He stated there should also be
environmental concern regarding the disturbance of wetlands. Mr. Nelson stated a Logan County District
Minutes, August 6, 2001 2001-2243
Page 3 BC0016
Judge will appoint the members of the Conservancy District, which will eliminate any input from the local
elected officials.
Bill Suthers, attorney, represented Nelson Ranches, do Gene Nelson. He stated a Conservancy District
can also be formed through a petition signed by 200 people,and the establishment is overseen by District
judges. Mr. Suthers stated there is no guarantee that the Logan County District judges will continue to
appoint good directors, which will make decisions for two-thirds of the district that is located in Weld
County. Mr.Suthers suggested a special district be established,rather than a conservancy district,to allow
for some elected representatives.
Guy Witlock stated he lives in the Town of Stoneham, and he expressed concern with $100,000.00 not
being enough to conduct an adequate study that covers more than 430 square miles. Mr. Witlock stated
this plan should not be forced upon local residents. In response to Commissioner Vaad, Mr.Witlock stated
his property is adjacent Weld County Road 149, and added ranchers in the area depend upon periodic
flooding,which will be stopped with the construction of dams. He stated this plan could potentially change
how their properties are managed. Mr. Witlock stated the dams that were destroyed in 1967 were not
replaced, and the properties below those dams have benefitted from the water. He stated most of their
income is dependant on flooding and weather conditions. Commissioner Long commented hay meadows
vary in location, shape, and size, and the financial aspect also includes the benefit of having healthy hay
meadows which increases the livestock value. In response to Commissioner Masden, Mr. Witlock stated
they do pasture cattle in areas that have been flooded, or in the fall and winter after the hay is bailed.
Clint Tappy, area resident, stated he concurs with the previous statements and added he is opposed to
establishing a conservancy district. Mr.Tappy stated the problems are in Logan County,and the residents
of Weld County should not have to pay to fix them. He further stated State funds are being spent to
improve the bridge on Pawnee at Highway 14 and Highway 71,and constructing dams above those areas
will eliminate the need for those improvements, resulting in a waste of funds.
Leonard Harms, area resident, stated the flood in 1995 could not have been corrected by dams because
there are no water storage areas near the Town of Sterling. He stated if there is enough water, it will back
up and flow around the edges of the dams proposed along Pawnee Creek. There being no further
comments, Chair Geile closed public testimony.
Mr. LaForce stated the Board of Directors would include a representative from Logan County, Weld
County, and the Town of Sterling. In response to Commissioner Vaad, Commissioner LaForce
commented ranchers in the area receive an average of three or four hours of significant rainfall for their
use; however,dams would hold the water for three days, rather than letting it flow away. He further stated
the Town of Sterling is discussing the option of creating a floodway to the Platte River; however, the
current plans are not effective enough and may result in flooding in other areas. Commissioner LaForce
stated the Town of Sterling is located within the Pawnee, Platte and Sand Creek flood plains. He stated
only a minimal part of Sterling is not in one of the three flood plains; however, building permits require flood
mitigation measures. He further stated the Flood Mitigation Committee has applied for a grant from
U.S.D.A. to do a flood mitigation study on Sand Creek. He stated the request has been approved on the
local level and the project is on the State waiting list, and is anticipated to receive funding in September.
Commissioner La Force stated the current studies indicate there needs to be at least two dams along Sand
Creek to reduce flooding effects. He explained the Platte River cannot be changed, but work can be done
on Pawnee and Sand Creeks to help mitigate flooding there. Responding to Chair Geile, Commissioner
LaForce stated he does not support the current plan proposed by the Town of Sterling; however, he is in
favor of eliminating obstructions and taking measures to help move the water out of the area faster.
Minutes, August 6, 2001 2001-2243
Page 4 BC0016
In response to Commissioner Vaad, Mr. Suthers stated the dams would only be allowed to hold water for
72 hours. He further stated the person who owns property below the dam will have to allow the water to
follow the historic run of the Creek, and will not have the ability of placing smaller diversion dams on their
own property. Mr. Suthers explained the Tail Ditch Law states every irrigation ditch that runs on a hill to
irrigate below must have some waste way to carry excess water to the river. He referred to the
Greeley/Loveland Irrigation System as an example,and explained flooding is a complex problem,and the
State Engineer is obligated to protect historic water rights. He further stated the property owners along
the Pawnee Creek are not required to provide water to the properties down stream, but they also cannot
prohibit flow.
Commissioner Masden thanked Commissioner Long for leading the tour throughout the Pawnee
Watershed area. He stated a majority of the area is privately owned and he is opposed to signing this
petition. He stated personal property rights would be adversely affected by the damming. Commissioner
Jerke stated on July 19, 2001, he went on the Colorado Big Thompson Water Tour where he was told of
a storm which dropped 10 inches of rain on Horsetooth Reservoir rather than upstream, and the dams
above were entirely ineffective. (Switched to Tape#2001-33.) He stated the current plan does not have
any reservoirs proposed near the Town of Sterling, and if a storm occurs closer to Sterling, the dams
upstream will not matter. He further stated the Pawnee Grasslands National Park has not responded to
this situation, and the government does not pay property tax on the grasslands, which may result in using
PILT funds. Chair Geile expressed concerns with creating a District and then conducting a study that could
result in taxes that are detrimental to the property owners. He further stated the damming of water could
potentially create adversities when certain properties no longer receive water. He stated many of the
residents have lived in the area for many years and have been good stewards of the land. He stated
limiting water to certain properties also results in a lack of economic sensitivity, and he is not in favor of
this proposal until some scientific facts are presented. Commissioner Vaad commented the residents of
this area have always been resilient, working with what can be obtained from the land regardless of the
weather. He stated historically the ranchers have managed the lands during periodic flooding.
Commissioner Vaad expressed concems with property owners having no right to divert water on their
property. He stated that although the Town of Sterling has flooding problems, he hopes they will work on
ways to open a route for flood waters to flow to the Platte River. Commissioner Long thanked all who were
in attendance and stated he is not in favor of the petition due to the reversal of negative impacts. He
stated this proposal may result in unnatural flooding, the area might not receive the natural recharging of
underground water caused by normal flooding, and the ranchers would not be able to manage the water
resulting in some areas drying up. He further stated the residents might have additional taxes and the
Board of Directors may change at a future date.
Commissioner Long moved to not sign this petition for the reasons cited in discussion. Commissioner
Jerke seconded the motion, which carried unanimously. Chair Geile commented the study needs to be
done first to help eliminate uncertainties before readdressing the issue.
Chair Geile called a ten minute recess. (Clerk's Note: Chair Geile excused from remainder of meeting.)
PLANNING:
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR SOARING EAGLE RANCH
PLANNED UNIT DEVELOPMENT, S #549 - SOARING EAGLE, LLC, C/O SOARING HOME, LLC: Lee
Morrison, Assistant County Attorney, stated this development has been annexed by the Town of
Severance. He stated several items addressed by the Improvements Agreement are still outstanding and
a Letter of Credit has been held by the County for financial assurance that the project will be completed.
Mr. Morrison stated the Board no longer has jurisdiction over the development,therefore,he recommends
the collateral be released,which will allow the developer to issue new collateral to the Town of Severance.
He stated this request has also been reviewed by the Departments of Planning Services and Public Works,
Minutes, August 6, 2001 2001-2243
Page 5 BC0016
and both recommend approval. Mr.Morrison suggested the sixth paragraph of the Resolution be amended
to state,"NOW THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld County,
Colorado, that the Letter of Credit, drawn on the First National Bank, P.O. Box 272500, Fort Collins,
Colorado 80527-2500, in the amount of $496,960.00, and all other additional collateral under the
Improvements Agreement, approved March 28, 2001, be, and hereby is, canceled and released."
Commissioner Long moved to cancel and release said collateral for the Soaring Eagle Ranch Planned Unit
Development, S #549, for Soaring Eagle, LLC, do Soaring Home, LLC, and amend the Resolution as
recommended by staff. Commissioner Masden seconded the motion, which carried unanimously.
CONSIDER MOBILE HOME PERMIT, ZPMH #2264- HERB AND CINDY MERKT: Commissioner Vaad
advised Cindy Merkt, applicant, that she has the option of continuing this matter to a date when the full
board will be present. However, if she decides to proceed today, it will require three affirmative votes, or
in the case of a tie vote, Commissioner Geile will listen to the record and make the determining vote. Ms.
Merkt indicated she would like to proceed today. Wendi Inloes, Department of Planning Services, gave
a brief description of the location of the site,and stated staff recommends denial of this application for the
reasons cited in the Administrative Review.
Cindy Merkt, applicant, stated they would like to place a mobile home on their property to provide a
residence for hired help that would assist with constructing new cattle corrals,maintenance,and additional
security while they are away. She stated the use will be temporary. In response to Commissioner Vaad,
Mr. Barker stated this type of permit is considered temporary because it is reviewed on an annual basis
as stated in Condition of Approval #4. In response to Commissioner Jerke, Ms. Merkt stated they own
seven shares of Barr Lake water, and they rent five of those shares. Responding to Commissioner
Masden, Ms. Merkt stated the property is 40 acres,five acres cannot be irrigated, and the remaining land
is flood-irrigated. No public testimony was offered conceming this matter.
In response to Commissioner Jerke, Ms. Merkt stated the site is planted in alfalfa, they have two horses,
and they want to construct corrals for some cattle.
Commissioner Jerke moved to deny said Zoning Permit for a Mobile Home, ZPMH #2264, for Herb and
Cindy Merkt. Commissioner Masden seconded the motion. Commissioner Jerke stated 40 acres does
not justify on-site hired help,and the proposed operations do not constitute an intense full-time agricultural
production. Upon a call for the vote, the motion carried unanimously.
CONSIDER RECORDED EXEMPTION #3113 - JOHN AND MARY ROTHERHAM: Commission 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, Commissioner Geile will listen to the record and make the determining vote. Mr.
Rotherham indicated he would like to proceed today. Robert Anderson,Department of Planning Services,
gave a brief description of the site, which is approximately 20 acres. He stated the applicant would like
to split the property into two separate parcels of 5 and 15 acres, which will create an island lot. Mr.
Anderson stated on January 22, 2001,the applicants'son was approved for Recorded Exemption#2784,
adjacent to this site. Mr. Anderson stated the Department of Planning Services recommends denial for
the reasons indicated in the Administrative Review. He explained if approved, a small subdivision will be
created without following the normal improvements required for a subdivision. In response to
Commissioner Jerke, Mr. Anderson stated there will be a shared access on the west side of Lot B of this
Recorded Exemption, which would remain in perpetuity.
John Rotherham, Jr., represented his parents and stated they raise dryland grass hay. Mr. Rotherham
stated his parents would like to split off five acres, but they do not intend to sell it. They may sell their
current home and move onto the new parcel when they retire. Mr. Rotherham explained when he applied
Minutes, August 6, 2001 2001-2243
Page 6 BC0016
for Recorded Exemption#2784, he was required to create a joint 40-foot access as indicated on the plat,
which is well maintained along the ditch. Mr. Rotherham stated he is applying for a well on Lot A of his
Recorded Exemption. No public testimony was offered concerning this matter.
Commissioner Jerke moved to approve Recorded Exemption #3113 for John and Mary Rotherham,with
the Conditions of Approval as recommended by staff. Commissioner Long seconded the motion. Mr.
Barker explained Condition of Approval #2.C requires a separate 30-foot easement, which would result
in a total of 70 feet of access. Mr. Rotherham expressed concem with obtaining an additional access of
Weld County Road 6. Mr. Anderson suggested the Plat for the prior Recorded Exemption be corrected
and Condition of Approval #2.C for Recorded Exemption #3113 be amended to change the easement
width from 30 feet to 20 feet. Commissioners Jerke and Long agreed to amend their motion. The
amended 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.
There being no further business, this meeting was adjourned at 10:50 a.m.
BOARD OF OUNTY COMMISSIONERS
WELD CO TY, COLORADO
Et
ATTEST: iatils / ,�►$j t% gq,d
0 J ei e, Chair
Weld County Clerk to the r :Sky
I :;4a;r` EXCUSED DATE OF APPROVAL
% 7 R 4,$ Glenn Vaad, Pro-Tem
BY: / �
Deputy Clerk to the Board'` 1-1 , N• F`-e
Willi m . Jerke
Davi . Lo
Robert D. asden
Minutes, August 6, 2001 2001-2243
Page 7 BC0016
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