HomeMy WebLinkAbout20001702.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JULY 17, 2000
TAPE #2000-19
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, July 17, 2000, 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 Barbara J. Kirkmeyer, Chair
Commissioner M. J. Geile, Pro-Tem
Commissioner George E. Baxter
Commissioner Dale K. Hall
Commissioner Glenn Vaad
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 Hall moved to approve the minutes of the Board of County Commissioners
meeting of July 12, 2000, as printed. Commissioner Geile seconded the motion, and it carried
unanimously.
READ ORDINANCE BY TAPE:
READ ORDINANCE #213-A BY TAPE: Commissioner Geile moved to read Ordinance #213-A by tape.
Seconded by Commissioner Vaad, the motion carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Baxter moved to approve the Certification of Hearing
conducted on July 11, 2000, as follows: 1)Violation Hearings; and Hearing conducted on July 12, 2000,
as follows: 1)Change of Zone#539 from A(Agricultural)Zone District to PUD(Planned Unit Development)
District, Katharine Oliver, do BHA Design, Inc. Commissioner Geile 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 Geile seconded the motion, and it carried unanimously.
PUBLIC INPUT: There was no public input.
2000-1702
BC0016
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $643,492.30
Electronic Transfers - All Funds $2,888.10
Commissioner Hall moved to approve the warrants as presented by Mr. Warden. Commissioner Geile
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER ASSESSED VALUATION OF TAXABLE PERSONAL PROPERTY AND MASTER PROT EST
LOG: Christopher Woodruff, Weld County Assessor's Office, stated this report is being submitted in
accordance with Section 39-8-105, C.R.S. Mr. Woodruff reviewed the total amounts of various types of
personal property,which equals a 1.5 percent increase from last year, and added personal property taxes
make up approximately 21 percent of the tax collected in Weld County. Mr. Woodruff also submitted a
Master Protest Log and reviewed total amount of petitions that were adjusted, denied, and withdrawn.
Commissioner Vaad moved to approve said assessed valuation of taxable personal property and Master
Protest Log. Commissioner Geile seconded the motion, which carried unanimously.
CONSIDER ENTRY UPON VARIOUS LANDS BY WELD COUNTY VEGETATION MANAGEMENT
SPECIALIST: Commissioner Hall moved to approve said entry. The motion, which was seconded by
Commissioner Geile, carried unanimously.
CONSIDER PROPOSAL FOR HAULING DIRT TO BUILD WELD COUNTY ROAD 126 AND AUTHORIZE
CHAIR TO SIGN - MEIER CONSTRUCTION GRADING CONTRACTORS: Frank Hempen, Jr., Director
of Public Works, stated this proposal is from Meier Construction to haul borrow material from a nearby site
to the Weld County Road 126 project site,and he feels the proposal amount is reasonable. Commissioner
Baxter moved to approve said proposal and authorize the Chair to sign. Seconded by Commissioner
Vaad, the motion carried unanimously.
CONSIDER EMERGENCY ORDINANCE #213-A, IN THE MATTER OF A SUPPLEMENTAL_
APPROPRIATION FOR THE YEAR 2000: Mr. Warden stated this was published in the County legal
newspaper last week, and this is the first supplemental appropriation for 2000. Mr. Warden reviewed the
changes to the budgeted amounts for various department funds. No public testimony was offered
concerning this matter. Commissioner Geile moved to approve Ordinance#213-A on an emergency basis.
Seconded by Commissioner Hall, the motion carried unanimously.
PLANNING:
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL
FOR IMPROVEMENTS AND ACCEPT FORM OF COLLATERAL FOR SITE PLAN REVIEW, SPR#308,
FOR AN OFFICE AND WAREHOUSE FACILITY -JOHN HEFFLEY: Kim Ogle, Department of Planning
Services, stated the Department of Planning Services received an Irrevocable Letter of Credit for John
Heffley on June 30, 2000, in the amount of $27,600.00 for an office and warehouse facility. Mr. Ogle
stated the County Attorney's Office and the Departments of Public Works and Planning Services have
reviewed the agreement and collateral amount and feel that they will be sufficient for the required drainage
and landscaping improvements. Commissioner Geile moved to approve said agreement and accept the
form of collateral. Seconded by Commissioner Hall, the motion carried unanimously.
Minutes, July 17, 2000 2000-1702
Page 2 I3C0016
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLA1 ERAL
FOR IMPROVEMENTS(PRIVATE ROAD MAINTENANCE)AND ACCEPT FORM OF COLLATERAL FOR
SITE PLAN REVIEW, SPR #309 - AT&T, C/O RICHARD MILLER: Mr. Ogle stated the Department of
Planning Services received a Check#13198 from AT&T Wireless Services Company on July 6, 2000, in
the amount of $3,672.00. He stated the County Attorney's Office and the Departments of Public Works
and Planning Services have reviewed the agreement and collateral amount and feel they will he sufficient
to complete the required curbing, fencing, and landscaping. Mr. Ogle explained the property owner,
RRRS, LLP, has signed the Improvements Agreement and staff recommends approval conditional upon
the signature of an authorized representative from AT&T Wireless Services Company. Commissioner
Baxter moved to approve said agreement and accept the form of collateral. Commissioner Geile seconded
the motion, which carried unanimously.
CONSIDER RECORDED EXEMPTION #2757 - BARNES FARMS, INC.: Robert Anderson, Department
of Planning Services, gave a brief description of the location of the site, and stated the applicant is
proposing to divide the 80-acre parcel into two lots approximately 46 and 34-acres in size. He stated the
site recently completed its Conservation Reserve Program (CRP) obligation and there are currently no
improvements on the site. He further stated the surrounding area is predominantly agricultural in nature,
four referrals responded favorably to the proposal with no concerns, and two did not respond. Mr.
Anderson stated the Department of Planning Services recommends this request be denied. He explained
the proposal is not consistent with the intent of the Weld County Subdivision Ordinance, Comprehensive
Plan, or A (Agricultural) Zone District, not is it compatible with surrounding land uses. He further stated
it does not promote efficient or orderly development; it detracts from the health, safety and welfare of the
surrounding residents; it does not promote the preservation of agricultural land,and it does not comply with
the intent of the Recorded Exemption process. In response to Commissioner Baxter, Mr. Anderson stated
Recorded Exemption #2721, directly to the west, was approved on April 28, 2000.
Bob Barnes, applicant, stated he is a lifelong resident of this property and it has been operated as a family
farm. Mr. Barnes stated he has filed this application to help compensate for poor crop returns. Mr. Barnes
stated it appears that developing land is about the only way left for farmers to make a living from their land
and recover losses of the farm. He indicated there are many other families in the area that have sold land
for development and created many homes in the area. Commissioner Baxter commented he has visited
the area and the board is aware of the development issue within agricultural areas. Mr. Barnes stated
Weld County Road 33 is a gravel road and it is not a heavily-traveled road. He further stated no houses
have been built on Lots A or B of Recorded Exemption #2721; however, the site to the east has been
developed. He added that a majority of the area consists of CRP land or it is being developed.
Responding to Commissioner Vaad, Mr. Barnes stated this land has been in CRP for three years,
otherwise it is used for dryland wheat.
Steve Stencil, Intermill Land Surveying, represented the applicant and stated this land is dryland and has
recently been CRP, so it is not a very financially productive piece of ground and has no irrigation water.
He further stated the applicant is not intending to evade the subdivision ordinance. The property was split
into two 80-acre parcels and deeded to him and his brother. (Switched to Tape #2000-20) There are
utilities already servicing the area, it is located within a mile of a municipality, and this request is a result
of poor farming conditions. Mr. Stencil further stated the applicant owns many parcels of land in the area
around the Town of Nunn; he is requesting approval of a Recorded Exemption on this property in an
attempt to reduce his debts; and he does not intend to develop his remaining farm ground. Chair
Kirkmeyer indicated approval of this request will create four buildable lots which appear to create a strip
subdivision. Mr. Barnes stated land must be farmed for two years or more before it can qualify for CRP.
Minutes, July 17, 2000 2000-1702
Page 3 13C0016
Robert Renier, County resident, indicated this entire area is already being developed and this request is
consistent with the uses in the area.
In response to Commissioners Vaad and Baxter, Mr.Anderson stated the Town of Nunn and the Nunn Fire
Protection District did not respond to the referrals sent. Responding to Chair Kirkmeyer, Mr. Barnes stated
he has reviewed and agrees with the Conditions of Approval.
Commissioner Hall moved to approve Recorded Exemption #2757 for Barnes Farms, Inc:.. with the
Conditions of Approval and Development Standards as presented by staff. The motion was seconded by
Commissioner Geile. Commissioner Baxter commented the issue of developing agricultural land, versus
preserving it, is becoming a more difficult issue to address, and he will vote in favor of the motion because
this request is within a short distance of a municipality. He further stated he understands staffs' concerns,
however, the Recorded Exemption process was created to help benefit the production of a farm 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 COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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ATTEST: �%.t Rd_L� � L v_,t�',%rL , t — .--
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\ Barbara J. kmeyer, Chair
Weld County Clerk to the Boar
( �� M. eile, ro- em — —
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Deputy Clerk to the Board O , /4 � -7_4: 1 ____
I� Aeor E. Baxter
Dale K. Hall ;
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Minutes, July 17, 2000 2000-1702
Page 4 (3C0016
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