HomeMy WebLinkAbout20011264.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MAY 14, 2001
TAPE #2001-21
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, May 14, 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 May 9,2001,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 May 8, 2001, as follows: 1) Violation Hearings; and Hearings conducted on May 9, 2001,
as follows: 1) Change of Zone #556, Leroy and Phyllis Johnson, do Todd Hodges Design, LLC; and 2)
A Site Specific Development Plan and Use by Special Review Permit#1319, Fourway Baptist Church, c/o
AgPro Environmental Services, LLC. Commissioner Long 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 Long seconded the motion, and it carried unanimously.
PUBLIC INPUT: There was no public input.
2001-1264
BC0016
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $387,792.28
Commissioner Jerke moved to approve the warrants as presented by Mr.Warden. Commissioner Masden
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER APPOINTMENT AND REAPPOINTMENT TO HUMAN SERVICES COMMITTEE:
Commissioner Vaad moved to reappoint Yvonne Benavides and appoint Mary Fox to the Human Services
Committee, terms expiring December 31, 2003. Commissioner Long seconded the motion,which carried
unanimously.
CONSIDER APPOINTMENT TO WORKFORCE DEVELOPMENT BOARD: Commissioner Vaad moved
to appoint Ron Wildeman to the Workforce Development Board,with a term expiring December 31, 2003.
The motion, which was seconded by Commissioner Masden, carried unanimously.
CONSIDER CANCELLATION OF BOARD MEETING SCHEDULED FOR WEDNESDAY,JUNE 13,2001:
Commissioner Masden moved to cancel the Board meeting scheduled for Wednesday,June 13,2001,due
to the lack of a full quorum. Commissioner Vaad seconded the motion, which carried unanimously.
FINAL READING OF CODE ORDINANCE #2001-3, IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 2 ADMINISTRATION AND CHAPTER 12 LICENSE
AND PERMITS, OF THE WELD COUNTY CODE: Commissioner Vaad moved to read Code Ordinance
#2001-3 by title only. Commissioner Masden seconded the motion, which carried unanimously. Chair
Geile read said title into the record. Mr. Barker stated there are no changes being proposed. No public
testimony was offered concerning this matter. Commissioner Vaad moved to approve Code Ordinance
#2001-3 on final reading. Seconded by Commissioner Long, the motion carried unanimously.
PLANNING:
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR CERTIFICATE OF DESIGNATION
AND USE BY SPECIAL REVIEW PERMIT #842, FOR A SOLID WASTE DISPOSAL SITE - TIRE
MOUNTAIN, INC.: Lee Morrison, Assistant County Attorney, stated when the permits for this site were
issued, one of the issues was closure and post closure of collateral. He explained at the time of approval,
the State did not have a program for monitoring this type of facility, so the County held the necessary
collateral until a State program was put in place. Mr. Morrison stated it took approximately five years to
establish the program, and another five years to negotiate the terms; however, the State and the facility
have come to an agreement, and the County no longer needs to hold the collateral. He stated the Weld
County Department of Public Health and Environment has reviewed the terms,finds its requirements have
been satisfied, and recommends the collateral being held by the County be released. Commissioner Vaad
moved to cancel said collateral. Commissioner Masden seconded the motion,which carried unanimously.
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR INDIANHEAD SUBDIVISION, S
#97 -SCENIC RANGE, LLC: Julie Chester, Department of Planning Services, stated the Departments of
Planning Services and Public Works, and the County Attorney's Office recommend release of the original
letter of credit, in the amount of$679,500.00,with the understanding that a replacement letter of credit will
be provided in the amount of$471,400.00. Ms. Chester stated the amount being released was being held
for the two replacement bridges; however, the remaining funds will be held to cover the other items which
still need to be completed. In response to Chair Geile, Ms. Chester explained the case was previously
denied by the County, and was appealed in the courts,which approved the Subdivision in the 1970's. She
Minutes, May 14, 2001 2001-1264
Page 2 BC0016
explained the $679,500.00 was being held for second filing improvements, and acknowledged that there
have been some problems and concerns expressed by the surrounding property owners. Don Carroll,
Department of Public Works, stated the two bridges have been completed, and he read his memorandum
into the record. (Switched to Tape#2001-22) Responding to Commissioner Vaad, Mr. Carroll stated the
bridge crossings line up with other streets, and they are constructed to handle two lanes of traffic, as well
as a pedestrian walkway on each side. In response to Chair Geile, Mr. Morrison explained the entire
project was approved and designed by order of the courts; however, only the eastern side was developed,
and an interim design was used for drainage because the ditches were not completed. Mr. Carroll stated
the interim drainage design for the First Filing included retention ponds which drained into the ditch at a
historical rate, but the drainage issue has been corrected with the ditches and bridges. He further stated
bridges are 36 feet in width, they accommodate two-way traffic and pedestrian walkways, and they have
four to five foot walls. Commissioner Vaad moved to cancel said collateral, and accept the replacement
collateral in the amount of $471,400.00. Commissioner Long seconded the motion, which carried
unanimously.
CONSIDER ZONING PERMIT FOR A MOBILE HOME, ZPMH #2256 - MARY ANN PLONKA: Wendi
Inloes, Department of Planning Services,stated on Friday, May 11,2001,she contacted the applicant who
referred to a letter she sent to the Board of Commissioners indicating she would not be present today. Ms.
Inloes reviewed the two letters received from the applicant, marked Exhibits A and B, and stated she is
prepared to proceed. In response to Commissioner Vaad, Ms. Inloes stated Ms. Plonka applied for an
Accessory to Farm permit several years ago,which was denied by staff. Following discussion, the Board
deemed it advisable to proceed in considering the matter as requested by Ms. Plonka in her letter, marked
Exhibit B.
Ms. Inloes gave a brief description of the location of the site, and stated staff recommends this matter be
denied for the reasons as indicated in her Administrative Review. In response to Commissioner Jerke, Ms.
Inloes stated the applicant has nine sheep, four horses, as well as chickens and dogs, and this request
appears to be for a residence of a general maintenance helper while Ms. Plonka is away from home. Chair
Geile read a portion of the application indicating Ms. Plonka is 65 years of age and would like to have
someone on the site because she intends to do some traveling. Responding to Commissioner Vaad, Ms.
Inloes reiterated staff previously denied Ms. Plonka's application for an Accessory to Farm permit. Ms.
Inloes added she was with the pervious planner, Scott Ballstadt, when he conducted the site inspection
for the previous application, and she indicated the site and situation does not appear to have changed in
the past two years. No public testimony was offered concerning this matter.
Commissioner Vaad moved to deny the request of Mary Ann Plonka for Zoning Permit for a Mobile Home,
ZPMH#2256,for a mobile home to be used as an accessory to the farm. Commissioner Vaad commented
his motion is based on the fact that this request does not appear to be for the sole purpose of housing an
employee principally employed or engaged in the operations of the site. Rather it would appear that it is
more for gaining income from the rent. He stated the purpose of an accessory home is to ensure the
economic viability of the agricultural operation, not just to maintain her animals. Commissioner Jerke
seconded the motion. Commissioner Masden commented this appears to be a hobby farm,and the chores
are likely very minimal and do not require a full-time resident at the site. Commissioner Jerke concurred,
and the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. No Ordinances were approved.
Minutes, May 14, 2001 2001-1264
Page 3 BC0016
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 9:35 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD CO NTY, COLORADO
ATTEST: )C2J 1 ,qty E.1/4 1 Chair
„��1 M. J. eile, Chair
Weld County Clerk to the :?�Sg. ('# �`
}0�i'1/4° EXCUSED DATE OF APPROVAL
,.�/�`l`J � p , Glenn Vaad, Pro-Tem BY:Deputy Clerk to the Boar.% :��� ' 1--l-
1-1 ' V. /..,—✓
Wi " H. Jerke
con on l \f,, Ar,
Robert D. Masden
Minutes, May 14, 2001 2001-1264
Page 4 BC0016
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