HomeMy WebLinkAbout20013128.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
NOVEMBER 5, 2001
TAPE#2001-48
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, November 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
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 October 31, 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 October 31, 2001, as follows: 1) Change of Zone #557 from the A (Agricultural) Zone
District to the PUD (Planned Unit Development) Zone District, Colorado Elk Ranch, LLLP, do Mikal
Torgerson Architects, PC; 2) Change of Zone #561 from the A (Agricultural) Zone District to the PUD
(Planned Unit Development)Zone District, Hoskins Construction, Inc.,do David Hoskins,do Intermill Land
Surveying, Inc.; 3) A Site Specific Development Plan and Use by Special Review Permit#1351, James
Wrenfrow/Saturn Towing; and 4)A Site Specific Development Plan and Amended Use by Special Review
Permit#921, Asphalt Paving Company, do Banks and Gesso, LLC. Commissioner Jerke 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.
2001-3128
BC0016
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $686,640.97
Commissioner Masden moved to approve the warrants as presented by Mr.Warden. CommissionerJerke
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER RESOLUTION RE:MILEAGE REIMBURSEMENT RATE INDEXED TO INTERNAL REVENUE
SERVICE MILEAGE RATE: Mr. Warden stated this Resolution will increase the County milage rate in
accordance with the IRS rate. He stated the rate increase will be effective January 1, 2002, and will help
compensate for the recent change in fuel prices. Mr. Warden stated the County rate is two cents less than
the allowed rate because most of the County reimbursement is to employees using their own vehicles.
Commissioner Jerke commented future commissioners could alter the rate formula in the future if desired.
Commissioner Vaad moved to approve said Resolution. Commissioner Masden seconded the motion,
which carried unanimously.
CONSIDER AGREEMENT FOR WEED SPRAYING AND AUTHORIZE CHAIR TO SIGN - TOWN OF
MEAD: Frank Hempen, Jr., Director of Public Works, stated this is a standard agreement for the County
to spray noxious weeds on rights-of-way that have been incorporated into the Town of Mead, yet remain
adjacent to Weld County rural residences. Commissioner Jerke moved to approve said agreement and
authorize the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously.
PLANNING:
CONSIDER MINOR RESUBDIVISION, S #603, FOR THE VACATION OF ROAD RIGHT-OF-WAY ON
2ND STREET BETWEEN MILDRED AND MAIN STREET, AS PLATTED IN THE UNINCORPORATED
TOWN OF GALETON - JOHN AND BARBARA YOUNG: Robert Anderson, Department of Planning
Services, gave a brief description of the area to be vacated. He stated it is zoned agricultural and
designated as urban. Mr.Anderson stated four referral agencies responded with no conflict,and the Town
of Galeton does not intend to include this portion of right-of-way in its Master Plan. He stated the Town
did request a 25-foot utility easement, and staff recommends approval of this request as indicated in
Administrative Review. Responding to Commissioner Jerke, Mr. Anderson stated the right-of-way is
currently vacant property and the applicants own the lots to the north and south. John Young was present
to answer any questions of the board. No public testimony was offered concerning this matter.
Responding to Commissioner Jerke, Mr. Anderson stated this property is dedicated to the public on the
plat for the Town of Galeton; however, if this request is approved, it will be owned by Mr. and Mrs. Young.
Commissioner Jerke moved to approve the request of John and Barbara Young for Minor Resubdivision,
S #603, for the vacation of road right-of-way on 2nd Street between Mildred and Main Street, as platted
in the Unincorporated Town of Galeton, Colorado, with the Conditions of Approval as recommended by
staff. Commissioner Long seconded the motion, which carried unanimously.
CONSIDER ZONING PERMIT FOR A MOBILE HOME, ZPMH #2289, FOR A SECOND MOBILE HOME
TO BE USED AS AN ACCESSORY TO THE FARM - HAIKO EICHLER: Wendi Inloes, Department of
Planning Services, gave a brief description of the location of the site, and stated staff feels this request
should be denied for the reasons cited in the Administrative Review, which she read for the record. Ms.
Inloes stated each legal parcel is allowed one dwelling unit and an additional unit requires special approval.
She stated the site is 40 acres in size, there are minimal animals, a portion of the site is considered to be
dryland, and a neighbor to the south leases 20 acres under an annual contract. Ms. Inloes stated the
current situation does not warrant a second mobile home, and she submitted two packets of information,
marked Exhibits C and D. Ms Inloes stated the applicant originally applied for a business to be operated
Minutes, November 5, 2001 2001-3128
Page 2 BC0016
from the large shed; however, that was never completed and the structure was later approved as an
Accessory to the Farm in 1995. She stated there is a noncommercial junkyard on the site, and staff is
concerned with the number of accesses to the parcel. Don Carroll, Department of Public Works, stated
there are three accesses to this one parcel, and he indicated their locations. He stated historically the
property owner to the north has granted the applicant use of their access for the first mobile home.
Haiko Eichler, applicant, stated he has owned this site for 25 years and it has been used for farming
operations and other agricultural activities. Mr. Eichler stated he does not lease any portion of his land to
the Harrises, who own the parcel south of his property. He explained the farming operations are located
on the east end of this site, he keeps approximately 15 head of cattle, and he also raises nursery stock
when it is in season,which he then resells from the large shed. Mr. Eichler stated the mobile home on the
north has been there for a number of years as an Accessory to the Farm, it is not zoned for an office. He
further stated a young man lives there which helps him full-time. He explained a retired couple would live
in the second mobile home and provide maintenance of his machinery and equipment, and other
miscellaneous tasks. Mr. Eichler stated there was some misunderstanding that he had made a foundation
for the second mobile home; however, he clarified the leveled area is for a pole barn which does not
require a building permit. He stated the Department of Building Inspection received a complaint from one
of the neighbors and red-tagged the project assuming it was to be used for a mobile home foundation.
He stated the inspector later allowed him to proceed once his plans were clarified. Mr. Eichler stated he
will obtain the proper sanitation permits,water tap, and building permits. Ms. Inloes indicated the location
of the various improvements on the site and stated currently the applicant only has ten cattle on the site.
Responding to Chair Geile, Mr. Eichler stated the residents of the second mobile home will work part-time,
and the young man will continue to work full-time. He stated the salaries are not much; however, they are
compensated with living at the work site and free lodging because he does not charge rent. In response
to Chair Geile, Mr. Eichler stated he does not lease the eastern 20 acres to Kaye Harris. In response to
Commissioner Jerke, Mr. Eichler stated he purchases nursery stock, raises it, then resells it at retail
through the mail. He stated he would like to construct a greenhouse in the future, and the gross sales are
not his sole income; however, this is a viable operation, and he uses city water to irrigate the plants with
a drip irrigation system.
Sandra Hatch,surrounding property owner,stated this proposal will lower her property value as the existing
business and mobile home have done. She stated the mobile home has been rented in the past, and the
property owners to the south, Wayne and Kaye Harris, rent the eastern portion of the applicant's land to
run their cattle on in the summer. Ms. Hatch stated the western portion is covered in weeds and the
nursery stock business is not advertised and is only seasonal. She also expressed concern with justifying
a second mobile home when half of the property is used by the neighbors during the summer. In response
to Commissioner Vaad, Ms. Hatch stated Brian Martin lives north of her home. She reiterated the Harrises
run their spring calves on the eastern portion of the subject site and she assumes Mr. Eichler receives
some type of reimbursement.
Mr. Eichler stated the Harrises do occasionally graze their cattle on the east side of his land; however,
there is not a monetary agreement. He stated Carl and Sandra Hatch own the land north of his property,
and previously granted him use of their driveway to access the first mobile home. Recently, he has been
denied use of that driveway, so he is trying to put in a new driveway. He gave a brief description of the
previous tenants in the existing mobile home. In response to Commissioner Vaad, Mr. Eichler stated Terry
Homes works for the Harrises and lives on their site.
Mr. Carroll stated if the northern access does not belong to the applicant, there should be an Access
Agreement or an internal access. Responding to Commissioner Vaad, Ms. Inloes stated the letter from
Kaye Harris was included in the file to represent the fact that the applicant only cares for 20 acres part of
the year and that limited amount of area does not justify a second mobile home. In response to Chair
Minutes, November 5, 2001 2001-3128
Page 3 BC0016
Geile, Ms. Inloes stated there was an airplane on the site inspection conducted on September 26, 2001;
however, she is not certain if there is a landing strip on the property. She further stated there is a current
violation on this property for derelict vehicles and an unpermitted business operating out of the metal
building.
Commissioner Jerke moved to deny the request of Haiko Eichler for Zoning Permit for a Mobile Home,
ZPMH #2289, for a second mobile home to be used as an Accessory to the Farm as recommended by
staff. The motion was seconded by Commissioner Masden. Commissioner Jerke commented it does not
appear the applicant is operating a viable farming operation, the existing mobile home is rented, there is
a limited amount of irrigation water, limited livestock, and there is evidence that a portion of the property
is rented to others for use during certain times of the year. Commissioner Masden concurred with the
comments made by Commissioner Jerke and added there is a violation on the site. Chair Geile read
reasons of denial as proposed by the Department of Planning Services. Upon a call for the vote, the
motion carried unanimously.
SECOND READING OF CODE ORDINANCE #2001-7, IN THE MATTER OF REPEALING AND RE-
ENACTING, WITH AMENDMENTS, CHAPTER 20, ROAD IMPACT FEES, OF THE WELD COUNTY
CODE: Commissioner Vaad moved to read Code Ordinance #2001-7 by title only. Commissioner Jerke
seconded the motion,which carried unanimously. Mr. Barker read said title for the record. Monica Mika,
Director of Planning Services, stated staff has received no correspondence since the first reading. Mr.
Barker proposed the addition of Section 20-1-80 and 20-2-80 regarding the Windsor Service Area and the
Southwest Weld Service Area. He explained a recent Senate Bill requires the Board to reiterate its intent
in the current Ordinance. Mr. Barker stated it does not require individual landowners to provide land in
addition to the road impact fees. In response to Commissioner Jerke, Mr. Barker stated the landowner
would receive credit for any improvements that are not site specific. Responding to Commissioner
Masden, Mr. Barker stated the off-site improvements are not required, so if the landowner chooses to
make off-site improvements, they will be credited toward the road impact fee. Commissioner Vaad
commented the key phrase is"to meet the same need for capital facilities,"and Mr. Barker concurred. Ms.
Mika submitted the 2000 and 2001 fees collected for comparison. No public testimony was offered
concerning this matter. Commissioner Vaad moved to approve Code Ordinance #2001-7 on second
reading. The motion was seconded by Commissioner Long, and it carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. Code Ordinance #2001-7 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.
Minutes, November 5, 2001 2001-3128
Page 4 BC0016
There being no further business, this meeting was adjourned at 10:00a.m.
BOARD OF OUNTY COMMISSIONERS
WELD ELj C NTY, COLORADO
ATTEST: i // /ail
za M. J. eile, Chair
Weld County Clerk to the : ar.
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1861 O p,
ST'., Glenn Vaa TTUFfiem
BY:
Deputy Clerk to the Boa's.,`u m l�/ —' /f'1-4_t
Willi H. Jer e
vid . Long
Robert D. Masden
Minutes, November 5, 2001 2001-3128
Page 5 BC0016
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