HomeMy WebLinkAbout20010633.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MARCH 5, 2001
TAPE #2001-10
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, March 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 - EXCUSED
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 February 28, 2001, as printed. Commissioner Jerke seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Long moved to approve the Certification of Hearings
conducted on February 28, 2001, as follows: 1) A Site Specific Development Plan and Use by Special
Review Permit #1276, STROMO, LLC/John Moser; and 2) Change of Zone #554, Jerry and Margaret
Samber. In response to Commissioner Jerke, Mr. Barker concurred that Commissioner Long was not
present at these hearings; therefore, another member of the Board will need to make the motion.
Commissioner Long withdrew his motion. Commissioner Masden moved to approve the Certification of
Hearings conducted on February 28, 2001, as stated above. Commissioner Jerke seconded the motion,
which carried unanimously.
ADDITIONS TO AGENDA: There were no additions to the agenda.
CONSENT AGENDA: Commissioner Masden moved to approve the consent agenda as printed.
Commissioner Jerke seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
PUBLIC INPUT: Desri Stolz, Weld County resident, stated the Board ratified the covenants on an illegal
land split created by John Underhill. She stated an illegal structure has been constructed and is used to
hold Mexican Rodeos with approximately 150 people attending. Responding to Chair Geile, Ms. Stolz
2001-0633
BC0016
stated her address is 7636 Weld County Road 10, Fort Lupton, Colorado. She explained there were three
illegal parcels on a lot, she unknowingly purchased one of the parcels, and it took her three years to
legalize her parcel. She stated the Board decided to legalize the lots, with the condition that structures
could not be built until 2006. Ms. Stolz stated the Board ruled on this matter in August, 2000; however,
a structure has been built since then. She submitted photographs of the structure, marked Exhibit A, and
responding to Chair Geile, Ms. Stolz stated the parcel is approximately ten acres,with an arena that is 300
feet by 400 feet. She further stated she has submitted photographs to Bethany Salzman, Department of
Planning Services, Julie Chester, Department of Planning Services, and Lee Morrison, Assistant County
Attorney. Mr. Morrison stated in order to allow Ms. Stolz to use her structure, she entered into the
covenants among the parcel owners, which are enforceable by the County and the other parties involved.
He stated since there were three illegal lots, the purpose of the Covenants was to restrict the use of the
others and make Ms. Stolz's a legal parcel. Mr. Morrison explained the Covenants provide an exception
to agricultural structure; however, staff did not anticipate they would construct an arena. He stated there
are other agencies that are involved with the use of the property, and there are other issues involved that
have caused complications. Ms. Stolz stated her main concern is that the structure should not have been
erected and it has been there eight months. Julie Chester, Department of Planning Services, stated the
structure is an agriculturally exempt building and did not require building permits, so staff had no way of
knowing it was there because it was a use by right. Mr. Morrison stated the Covenants allowed for corrals
and sheds and the question is whether this arena qualifies as an agricultural exempt building. Responding
to Chair Geile, Mr. Morrison explained the Covenants are between the landowners, not the County,
although he drafted the Covenants. He stated the ratification of the Covenants allowed Ms. Stolz to
proceed with her use and made hers a legal lot,while the remaining two parcels had specified restrictions.
Responding to Commissioner Jerke, Mr. Morrison stated there are three parcels, and the Covenants are
between the parties; however, the County can get involved. He further stated the main purpose for the
ratification was to ensure there were no further permits issued on the illegal parcels. Chair Geile
suggested staff disclose the issues with Ms. Stolz. Ms. Stolz added following a survey of her property, it
was determined there is an additional 1.5 acres in Lot B that is not accounted for. He stated in 1999, Mr.
Underhill has created an additional parcel, even after the issue of the illegal split had already been
disclosed. Ms. Chester explained illegal parcels can be easily created; however, in this situation, the
County only recognizes Lot B. She stated lot lines can be changed through a survey and be recorded;
however, this is an illegal process, as well as a civil matter. She further stated the only documentation
recognized by Weld County is the Recorded Exemption survey, and there is no deed for the additional
parcel referred to by Ms. Stolz. Chair Geile commented this matter is being addressed and suggested staff
continue communicating with Ms. Stolz as to the status of the situation.
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $988,147.97
Commissioner Masden moved to approve the warrants as presented by Mr.Warden. CommissionerJerke
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER RENEWAL APPLICATION FOR 3.2 PERCENT BEER RETAIL LICENSE AND AUTHORIZE
CHAIR TO SIGN - CONO SERVICES, INC., DBA CONOCO #06394: Mr. Barker stated Deputy Esch
expressed no concerns and recommends approval. Commissioner Jerke moved to approve said
application and authorize the Chair to sign. Seconded by Commissioner Masden, the motion carried
unanimously.
Minutes, March 5, 2001 2001-0633
Page 2 BC0016
CONSIDER TEMPORARY ROAD CLOSURE OF WELD COUNTY ROAD 49 BETWEEN WELD COUNTY
ROADS 34 AND 36: Commissioner Jerke moved to approve said temporary closure. Commissioner Long
seconded the motion, which carried unanimously.
CONSIDER APPOINTMENTS TO WORKFORCE DEVELOPMENT BOARD:CommissionerJerke moved
to appoint Dale McCall, Gary Hertel,and William Morton to the Workforce Development Board with terms
expiring December 31, 2003. Commissioner Masden seconded the motion, which carried unanimously.
CONSIDER REAPPOINTMENTS TO CHILD PROTECTION CITIZEN REVIEW PANEL: Commissioner
Masden moved to reappoint Shelly MartindelCampo and Kelley Hekowczky to the Child Protection Citizen
Review Panel with terms expiring March 4,2004. Commissioner Long seconded the motion,which carried
unanimously.
CONSIDER RESOLUTION RE: INDICATE SUPPORT OF WESTERN SUGAR COMPANY:Commissioner
Jerke commented he attended the Greeley/Weld Chamber of Commerce Agricultural Task Force meeting,
and the Sugar Industry reported its progress in being able to actually have a grower-owned factory that
would run from Greeley up to Billings, Montana. He stated they will buy out the existing sugar companies
and create a giant coop owned by the sugar beet growers. Commissioner Masden stated the farmers are
trying to buy this out because sugar beets are one of the top crops in Weld County for producing income.
Chair Geile stated the farmers will be able to buy into the coop at $185 per acre, which is a much higher
equity than the existing crop rates. Commissioner Jerke added they will also be able to buy more assets
for a reasonable price. Commissioner Jerke moved to approve said Resolution. Commissioner Masden
seconded the motion, which carried unanimously.
CONSIDER RESOLUTION RE: FEE FOR FINGERPRINTING IN CONJUNCTION WITH CARRYING
CONCEALED WEAPON PERMITS: Mr. Warden stated the Sheriff's Office has changed the procedure
for doing fingerprints in conjunction with applying for a Concealed Weapons Permit. He stated the total
cost is $60.00, and they recommend the fee for these services be set at $60.00. Responding to
Commissioner Jerke, Mr.Warden stated there are two separate systems,and everyone who is in the State
system in likely to be in the Federal system. Commissioner Jerke commented he would like to ensure
there is no duplication since the fee is so high. Mr. Warden stated $14.00 of the fee would be forwarded
to the CCIC and $36.00 would be forwarded to the NCIC, and the County would only retain $10.00. In
response to Commissioner Masden, Mr.Warden stated this is a new procedure that is being implemented
in other Counties as well. Commissioner Jerke moved to approve said Resolution. Commissioner Long
seconded the motion, which carried unanimously.
PLANNING:
CONSIDER APPLICATION FOR SITE APPROVAL FOR MODIFICATION/EXPANSION OF AN EXISTING
DOMESTIC WASTEWATER TREATMENT PLANT AND AUTHORIZE CHAIR TO SIGN - TOWN OF
BERTHOUD:Julie Chester, Department of Planning Services,stated the Town of Berthoud is applying for
a Site Application for a new Waste Water Treatment Plant and for a new Centrifuge and Lift Station in
unincorporated Weld County. She stated this is the first of the State requirements that the Town of
Berthoud will have to meet. Ms. Chester explained the County reviews the Site Applications to be signed
and forwarded to the State, and staff recommends approval. Ms. Chester gave a brief description of the
locations of the Waste Water Treatment Plant and the 1-25 Lift Station. Responding to Commissioner
Jerke, Ms. Chester stated it is very close to the Little Thompson River and she reviewed a map with the
Board. Mr. Jiricek stated as part of this application, the Town of Berthoud has also indicated that as they
grow, there will be three other smaller package plants that currently serve subdivisions in lighter areas,
which will be incorporated into the overall system. Ms. Chester stated the Town of Berthoud will have to
obtain a Use by Special Review Permit from the County, and referrals will be sent out for further review.
She stated this Site Application will be submitted to the State. Mr. Jiricek stated the Town already has a
Minutes, March 5, 2001 2001-0633
Page 3 BC0016
digester and a centrifuge on the site. Responding to Commissioner Jerke, Ms. Chester suggested
amending the Draft Resolution to include the language from the second paragraph of staffs memorandum
to indicate approval of the Site Application does not ensure approval of the Use by Special Review Permit,
which will be a separate land use process. Mr. Barker clarified the Draft Resolution indicates this matter
is being recommended favorably to the Colorado Department of Public Health and Environment, and the
Board finds no conflict with the Weld County Code. Ms. Chester expressed concern with the proposed
language because at this time it does not appear there is a conflict with the Weld County Code; however,
the applicant will have to go through several application processes,which may lead to other problems staff
is not aware of at this time. She further stated the State review process takes about six months to
complete, and the Use by Special Review Permit will be submitted soon. She stated these are reviewed
separately. She explained the Site Applications are reviewed by staff and presented for signature by the
Board, so the applicant can begin the State process, and this matter does not ensure approval of the land
use. Mr. Barker suggested the Draft Resolution be amended to state more specifically that the Board finds
this application, for the purpose of beginning the State process, is not in conflict with materials received
to this point. Responding to Chair Geile, Mr. Barker stated this matter does require a resolution to indicate
the Board's action to the State. CommissionerJerke moved to approve said Site Application and authorize
the Chair to sign. Seconded by Commissioner Masden, 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.
There being no further business, this meeting was adjourned at 9:45 a.m.
BOARD OF C UNTY COMMISSIONERS
WELD CO Y, COLORADO
ATTEST: { � i vt ELa`� M. "J. ile, Cam/,/
hair
Weld County Clerkto the ar, � �'
1861 I� *=�F.' EXCUSED
BY: '•%'''`' Glenn Vaad, Pro-Tem
�� `.I'A% A j
Deputy Clerk to the Boa UN �i✓- �
Will H. Jerke
vid . Lon
Robert D. Masden
Minutes, March 5, 2001 2001-0633
Page 4 BC0016
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