HomeMy WebLinkAbout20012682 RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
SEPTEMBER 24, 2001
TAPE #2001-39
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, September 24, 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- EXCUSED
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, Carol A. Harding
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Masden moved to approve the minutes of the Board of County Commissioners
meeting of September 19, 2001, as printed. Commissioner Long seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Long moved to approve the Certification of Hearings
conducted on September 19, 2001, as follows: 1) A Site Specific Development Plan and 2nd Amended
Use by Special Review Permit#488, Mobile Premix Concrete, Inc.; and 2) A Site Specific Development
Plan and 3rd Amended Use by Special Review Permit #248, Varra Companies, Inc., c/o Colorado
Groundwater Resource Services. Commissioner Masden seconded the motion, which carried
unanimously.
ADDITIONS TO AGENDA: There were no additions to the agenda.
CONSENT AGENDA: Commissioner Long moved to approve the consent agenda as printed.
Commissioner Jerke seconded the motion, and it carried unanimously.
PUBLIC INPUT: Tom Haren, AgPro Environmental Services, asked the Board to review and consider
rescinding Ordinance #219 which was passed last fall regarding Amendment 24 and allowance for
Planning and Zoning staff to extend the timeline for handling cases from 45 days to an additional 55 days,
allowing 100 days for review of the case. Mr. Haren stated since the amendment did not pass, a lot of
applications were not acted upon, and many others have moved through the system and been processed
within the 45-day period. Chair Pro-Tem Vaad asked Mr. Haren to provide any further communication to
Bruce Barker, County Attorney, and stated the Board will take this matter under advisement.
2001-2682
BC0016
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $252,260.58
Commissioner Masden moved to approve the warrants as presented by Mr.Warden. Commissioner Jerke
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-SEKICH EQUIPMENT COMPANY,
AKA FRED SEKICH: Mike Sampson, Chief Appraiser, stated this parcel was valued as commercial
property; however, staff discovered it could not be split from the adjoining property without going through
the Planned Unit Development process, so staff used the existing lease with the sugar beet company to
set the value on the parcel at $10,000. The value was then capitalized at 9.25%. Commissioner Long
moved to approve said petition as recommended by staff. Commissioner Jerke seconded the motion,
which carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-JACOBUS AND THERESIA SEMP:
Mr. Sampson stated an error was made in the office, which resulted in the wrong square footage being
listed on the file. He further stated approval of said petition would correct the square footage to 6,000
square foot. Commissioner Long moved to approve said petition as recommended by staff. Commissioner
Masden seconded the motion, which carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES- MEAD FARM, LLC: Mr. Sampson
stated this parcel is a commercial property at Del Camino South,which has been listed as non-commercial;
however,the petitioner has now presented documentation for an agricultural classification. Commissioner
Masden moved to approve said petition as recommended by staff. Commissioner Long seconded the
motion, which carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - KUHN MOJO GROUP, LLC: Mr.
Sampson stated this parcel was successfully appealed in 2001 and justification was presented at that time
that the septic system is for the use of the convenience store on an adjacent lot, therefore, the value of
this lot was reduced. This petition refunds the 2000 taxes. Responding to Commissioner Jerke, Mr.
Sampson stated the location of most of these petitions in the southwestern portion of the County are due
to growth. Commissioner Masden moved to approve said petition as recommended by staff.
Commissioner Jerke seconded the motion, which carried unanimously.
CONSIDER TEMPORARY ROAD CLOSURE OF WELD COUNTY ROAD 24.5 FROM 1-25 FRONTAGE
ROAD TO WELD COUNTY SERVICE CENTER ENTRANCE: Frank Hempen, Jr., Director of Public
Works, stated this closure is necessary for the upgrade of Weld County Road 24.5, which serves as the
public access to the Southwest Administrative Services building. Responding to Commissioners Jerke and
Masden, Mr. Hempen stated the construction workers will be able to access the site;and the extended time
frame is due to the Mixed Use Development requirements, grading requirements, relocation of the road,
etc. Mr. Warden indicated the facility will be open the first part of December; and staff will coordinate with
Public Works to ensure the road is in prior to opening. Commissioner Long moved to approve said
temporary closure as recommended by staff. Commissioner Jerke seconded the motion, which carried
unanimously.
Minutes, September 24, 2001 2001-2682
Page 2 BC0016
CONSIDER INSTALLATION OF TRAFFIC CONTROL DEVICES ON WELD COUNTY ROAD 19 AT
WELD COUNTY ROAD 90: Mr. Hempen stated this request is for the placement of Stop signs at the
intersection of Weld County Roads 19 and 90, with traffic on 19 being stopped. He stated there were
problems with stopping sight decision making and feels additional signing is also appropriate.
Commissioner Long moved to approve the installation of signs as recommended by staff. Commissioner
Jerke seconded the motion, which carried unanimously.
CONSIDER CONTRACT FOR COMMUNITY CORRECTIONS SERVICES AND AUTHORIZE CHAIR TO
SIGN - COMCOR, INC.: Jan Zuber, Community Corrections Board, stated this is the contract for
placement in Colorado Springs,which is the placement used for sexual offenders. She further stated Weld
County does not currently have any placements in Colorado Springs, although the contract must be in
place if it is used. Commissioner Jerke moved to approve said contract and authorize the Chair to sign.
Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER AGREEMENT FOR ACCESS TO CLERK AND RECORDER DATA BASE AND AUTHORIZE
CHAIR TO SIGN - COLORADO PUBLIC RECORDS: Bruce Barker, County Attorney, stated this is the
same agreement which was approved for a different company last week, and is at the rate of 25 cents per
minute. Commissioner Masden moved to approve said agreement and authorize the Chair to sign. The
motion, which was seconded by Commissioner Long, carried unanimously.
CONSIDER RESOLUTION RE: DECLARE CERTAIN EQUIPMENT AS SURPLUS PROPERTY AND
AUTHORIZE SALE AT LARIMER COUNTY AUCTION: Mr. Warden stated this equipment will be sold at
the annual auction in conjunction with Larimer County; and it comprises our smaller vehicles, and
equipment. He stated the auction will be held September 29, 2001 at the Cloverleaf Race Track parking
lot. Commissioner Masden moved to approve said Resolution. Commissioner Long seconded the motion,
which carried unanimously.
CONSIDER ELECTION BY ACCLAMATION OF TEMPORARY CHAIR FOR OCTOBER 3,2001, BOARD
MEETING: Commissioner Jerke moved to elect Commissioner Robert D. Masden as the Temporary Chair
for the Board meeting scheduled for October 3, 2001. Commissioner Long seconded the motion, which
carried unanimously.
PLANNING:
CONSIDER SUBSTANTIAL CHANGE #21 FOR A RECORDED EXEMPTION - LEN AND LORI
LINDHOLM: Chair Pro-Tem Vaad presented the options to the applicant. With four Commissioners
present, the applicant chose to continue with the hearing at this time. Robert Anderson, Department of
Planning Services, stated this application was previously denied and the purpose of this matter is the
determination of a substantial change. He reviewed the location of the site and stated of nine referrals sent
out, five responded with requested Development Standards. He reiterated the purpose today is to
determine whether criteria for a substantial change has been met. Mr. Anderson stated the Board of
County Commissioners,on August21,2000,denied the request for a Recorded Exemption based primarily
on access issues. He stated it is the opinion of staff that the applicant has not shown substantial change.
Mr.Anderson explained the change is a proposed easement to Lot B and flip-flopping the island lot, so the
island lot which was on the south side of the property now is proposed to be on the north side of the
property. Responding to Commissioner Jerke, Mr.Anderson stated the lot adjacent to the property on the
north is not owned by the applicant,although the applicant owns an easement on the west,which is 42 feet
wide, to Weld County Road 80. He stated the Department of Public Works was unable to locate a record
of the easement to the applicant's home on the east side of the property.
Jackie Johnson, Attorney, represented the applicant and stated Lori Llindholm is present to answer
questions. Ms.Johnson presented application materials, Exhibit A,which are provided by the Department
Minutes, September 24, 2001 2001-2682
Page 3 BC0016
of Planning Services when they apply for a Substantial Change Hearing. The applicant, she stated, is
required to either prove under "A" for a new application or "B" for rehearing the previously denied
application, that there have been substantial change or newly discovered evidence available. She stated
the applicant does own the west flagpole access to the property. She stated there is also a perpetual,
recorded easement on the east side to their home from Weld County Road 80, Exhibit B. Ms. Johnson
also presented a series of photographs, Exhibit C, detailing the easement on the east and other access,
as well as the home on adjacent property. She stated the applicant currently has access and were
previously proposed giving easement to Lot A, using the existing easement and creating a new easement
for the use of Lot A. She stated this is a Substantial Change because they would provide separate,
deeded access off Weld County Road 80,not an easement. She said the applicant would own the access.
Ms.Johnson further stated the applicant could have proposed a reconfiguration of the lots,dividing the lots
with a north/south division instead of an east/west division. Ms. Johnson presented a copy of the letter
from Everett Schlotthauer,Exhibit D,the farmer who leases the property,stating the agricultural production
would not change on the property, due to drainage problems which have occurred. She stated the letter
and evidence it contained,was not clearly presented to the Board when this matter was previously denied.
Ms. Johnson also stated Windsor has indicated it will be able to serve the property if the applicant meets
the fire department requirements, which they are willing to do. She also stated there is a real financial
need to separate the property, which would then be easier to finance; but the change is apparent when
confusion is lifted. She reiterated the applicant is preserving what is currently there; he has now and have
had a deeded, recorded easement; the easement was originally proposed to be extended down to the
southern property, although he will deed access from Weld County Road 80;and he has preserved prime
agricultural land. Responding to Commissioner Jerke, Mr. Barker stated the applicant only has to meet
one criteria on the list provided by the Department of Planning Services. Responding to Commissioner
Jerke, Mr. Anderson stated staff was not aware of the deeded easement across the property, and it is
newly discovered. Mr. Barker stated it was in the record;although it may not have been considered, since
access being proposed at that time was on the other side of the property, negating it as an issue. He
stated it is not newly discovered; however, it is a change since the applicant is now proposing its use.
Commissioner Vaad stated he is taken with the argument of whether they are preserving prime agricultural
land, the misinterpretation that there was prime land, even though a letter was present saying it was not,
and he is not sure whether that issue was clearly considered or understood. Mr.Anderson indicated both
maps in the file are accurate, one was the original application and one is the current application; however,
it does not address the key issue of staff. He stated the land is deemed prime agricultural land, whether
it is farmable or not, and the creation of an additional lot. He stated the Department of Public Works has
recommended denial based on access, since they could not locate an easement on the east, leaving the
applicant without a dedicated access. Ms. Johnson responded that the easement on the east is already
in place, it is a perpetual, recorded easement. She stated the applicant is proposing the west access
become deeded property; the east easement would still be used by the applicant, as is currently being
done. Responding to Commissioner Jerke, Mr. Barker stated the Board did not see Mr. Schlotthauer's
letter a year ago. Commissioner Jerke moved to approve on the basis of new information being provided,
first the perpetual,recorded easement and secondly,expert testimony or information from Mr. Schlotthauer
as to the condition of the property. Seconded by Commissioner Long, the motion carried unanimously.
Ms. Johnson requested a waiver of the fee for re-application of the Recorded Exemption. Mr. Anderson
stated the work has been done and there are current referrals,therefor it is at the Board's discretion, since
there will not be major additional costs. Commissioner Long clarified there would be no additional fees,
and Mr. Barker recommended the Board amend the resolution to waive the $990 fee. Commissioners
Jerke and Long agreed to amend the resolution, and the motion carried unanimously.
Minutes, September 24, 2001 2001-2682
Page 4 BC0016
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 10:10 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: /� '' 1 ��l - _ �O��'//"���� La EXCUSED
M. J. eile, Chair
Weld County Clerk to the .`at, f ?j :�s $
add
Glenn Vaad, -m
BY: fig
Deputy Clerk to the Board w /7.
Willia Jerke
V E. Long
Robert D. a den
Minutes, September 24, 2001 2001-2682
Page 5 BC0016
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