HomeMy WebLinkAbout20001890 RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
AUGUST 7, 2000
TAPE #2000-22
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, August 7, 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 August 2, 2000, as printed. Commissioner Geile seconded the motion, and it carried
unanimously.
READ ORDINANCE BY TAPE:
READ ORDINANCE #82-V BY TAPE: Commissioner Baxter moved to read Ordinance #82-V by tape.
Seconded by Commissioner Geile, the motion 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 Baxter seconded the motion, and it carried unanimously.
PUBLIC INPUT: There was no public input.
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $1,179,993.35
Commissioner Hall moved to approve the warrants as presented by Mr. Warden. Commissioner Geile
seconded the motion, which carried unanimously.
2000-1890
BC0016
NEW BUSINESS:
CONSIDER ENTRY UPON VARIOUS LANDS BY WELD COUNTY VEGETATION MANAGEMENT
SPECIALIST: Commissioner Hall moved to approve said entry. Commissioner Baxter seconded the
motion, which carried unanimously.
CONSIDER AGREEMENT FOR PROFESSIONAL SERVICES AND AUTHORIZE CHAIR TO SIGN -
FELSBURG, HOLT, AND ULLEVIG: Frank Hempen, Jr., Director of Public Works, stated this agreement
provides the terms under which Felsburg, Holt, and Ullevig will complete the Weld County Road
Classification Study. Commissioner Baxter moved to approve said agreement and authorize the Chair to
sign. Seconded by Commissioner Hall, the motion carried unanimously.
CONSIDER AUTHORIZING BOARD OF COUNTY COMMISSIONERS TO ADJOURN AS BOARD OF
EQUALIZATION FOR CALENDAR YEAR 2000: Commissioner Hall moved to authorize the Board to
adjourn as the Board of Equalization for calendar year 2000. The motion, which was seconded by
Commissioner Geile, carried unanimously.
FIRST READING OF ORDINANCE #82-V, IN THE MATTER OF SETTING FEES FOR SERVICES
PROVIDED BY THE WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT:
Commissioner Geile moved to approve Ordinance#82-Von first reading. Commissioner Vaad seconded
the motion. No public testimony was offered concerning this matter. The motion carried unanimously.
PLANNING:
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL AND ACCEPT REPLACEMENT
COLLATERAL FOR REMINGTON PLACE MINOR SUBDIVISION, S #505 - LESLIE AND JEANNE
GELVIN: Don Carroll, Department of Public Works, recommended the initial collateral in the amount of
$29,705.00 from Leslie and Jeanne Gelvin for Remington Minor Subdivision be canceled and released,
and to retain 15 percent in the amount of$500.00 for one year. Mr. Carroll stated if no repairs are needed
following the one-year period, the remainder of the collateral will be released. Commissioner Baxter
moved to cancellation and release said collateral, in the amount of $29,705.00, and accept the
replacement collateral in the amount of$500.00. The motion,which was seconded by Commissioner Hall,
carried unanimously.
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL
FOR IMPROVEMENTS(PRIVATE ROAD MAINTENANCE)AND ACCEPT FORM OF COLLATERAL FOR
SITE PLAN REVIEW, SPR#325-CROWN ATLANTIC COMPANY, LLC: Ms. Lockman stated on July 31,
2000, the applicant submitted License of Permit Bond #929162344, in the amount of $43,500.00 to the
Clerk to the Board's Office. She stated the Weld County Departments of Public Works, Planning Services,
and the County Attorney's Office have reviewed the agreement and form and amount of the collateral and
recommend approval. Commissioner Geile moved to approve said agreement and accept the form of
collateral for Site Plan Review, SPR #325, for Crown Atlantic Company, LLC. Commissioner Hall
seconded the motion, which carried unanimously.
CONSIDER ZONING PERMIT FORA MOBILE HOME,ZPMH#2201, FORA TEMPORARY USE DURING
A MEDICAL HARDSHIP - FAY AND BETTY MAVITY: Wendi Inloes, Department of Planning Services,
gave a brief description of the locations of the site, and stated this is a request of a mobile home to be
used temporarily during a medical hardship. Ms. Inloes submitted proposed changes to the Conditions
of Approval, marked Exhibit A. She stated staff recommends denial of this application because it is unclear
as to who will be providing medical assistance for the applicant's daughter, Jackie Gorman. She further
stated there seem to be other reasonable alternatives, two mobile homes and two sheds already exist on
the site, one of the mobile homes is classified as an accessory structure and is used for storage, and the
site is in violation as a noncommercial junkyard. Ms. Inloes reviewed pictures of the site, and stated if this
Minutes, August 7, 2000 2000-1890
Page 2 B00016
application is approved, there will be three mobile homes and two storage sheds on one lot. In response
to Commissioner Hall, Ms. Inloes stated there is a tap for the principal dwelling; however, a cistern would
be the only water source for the second mobile home. Responding to Commissioner Geile, Ms. Inloes
stated the proposed mobile home will be inhabited by friends who intend to care for Ms. Gorman, as well
as Betty Mavity,the applicant, if necessary. Responding to Chair Kirkmeyer and Commissioner Vaad, Ms.
Inloes reiterated the accessory structure is used for storage not a residence, and stated if this permit is
approved, the Weld County Department of Public Health and Environment will approve a cistern for the
site because Aristocrat Ranchettes will only allow one tap per lot at this time. Commissioner Baxter
commented cisterns are typically allowed as a temporary use until another water source is available.
Ms. Mavity stated the accessory mobile home was already on the site when they purchased the property
in 1983. She explained the previous owners used the mobile home during a medical hardship, and when
she purchased the site, she rented the trailer. Ms. Mavity stated the previous tenants were asked to leave
so she could move her daughter nearby to tend to her medical needs; however,the tenants never returned
to remove the remainder of their items. She stated the accessory mobile home was considered
abandoned, it is currently used for storage, and there are no hook ups. Ms. Mavity stated her health has
been poor which makes it difficult to care for her daughter, therefore, she has applied for this permit to
allow Mary Kleintz to assist with caring for both her and her daughter. Ms. Kleintz stated she is a friend
of the applicant's son, and added that the accessory mobile home can be removed if that will help resolve
this issue. Ms. Inloes indicated the locations of the existing and proposed mobile homes, sheds, and leach
field. Ms. Mavity stated a new leach field has been installed within the last few months and will be su'ficient
for both homes. Ms. Kleintz stated she is the owner of the proposed mobile home and she will be the care
taker. Iln response to Chair Kirkmeyer, Robert Mavity,applicant's son,submitted a letter, marked Exhibit B,
regarding the health condition of his mother stating she is no longer able to care for his sister. Ms. Kleintz
further stated Aristocrat Ranchettes will grant a tap for the second mobile home on the site once otter lots
in the development are served with their primary tap. Commissioner Baxter clarified the necessity for this
permit will be reviewed annually. In response to Commissioner Geile, Mr. Mavity stated a rnajorit} of the
debris has been removed, and there are no derelict vehicles on the site. He further stated an official
violation letter has not been received. Ms. Inloes stated a violation has been initiated; however, the
violation officer has not begun the formal process. Ms. Mavity stated they will continue to remove the
remaining debris and the abandoned mobile home once they find a place to dispose of it.
There was no public testimony regarding this matter.
In response to Commissioner Vaad, Connie O'Neill, Weld County Department of Public Health and
Environment, stated the cistern permit will be approved if this matter is approved. She further stated the
existing septic system was failing; however, the applicant has been working with staff to design a new
system that will be adequate for both mobile homes. Responding to Commissioner Baxter, Ms. O'Neill
stated the applicants have been given the standards that must be followed for the proposed cistern if this
matter is approved. In response to Chair Kirkmeyer, Mr. Mavity stated the accessory structure that is being
used for storage is structurally sound; however, it is very dirty,windows are missing,and there are no utility
hookups where it is sitting. Responding to Commissioner Baxter, Mr. Mavity stated they will haul their own
water from a supplier in Fort Lupton to fill the cistern. Chair Kirkmeyer suggested Condition of Approval
#5 be amended to state, "The applicant shall remove from the site, the mobile home currently being used
for an accessory structure." Commissioner Baxter stated he still has concerns regarding the cistern being
adequate to serve both homes, and stated the applicant should continue to actively pursue obtaining a tap
for the second mobile home. Ms. Mavity stated there are other lots that have not yet received an initial tap,
so once they are serviced, secondary taps will be considered for other lots. Mr. Mavity stated Aristocrat
Ranchettes is currently working to obtain a loan from FHA to purchase more taps.
Minutes, August 7, 2000 2000-1890
Page 3 BC0016
Commissioner Geile moved to approve said Zoning Permit for a Mobile Home, ZPMH #2201, for Fay and
Betty Mavity to be used as a temporary use during a medical hardship, with the Conditions of Approval as
presented by staff with the changes as recommended by staff in a memorandum marked Exhibit A.
Commissioner Vaad seconded the motion with an amendment to Condition of Approval #5 to read as
indicated by Chair Kirkmeyer, and to add "Such removal shall occur within 90 days of the approval of the
Weld County Board of Commissioners." Commissioner Hall stated he agrees with Planning staff's reasons
for denial, and he has concerns with adding an additional cistern that may create more problems in the
area, therefore he will vote against the motion. The motion carried four to one with Commissioner Hall
opposed.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. Ordinance #82-V was approved on first reading.
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 9:40 a.m.
BOARD OF COUNTY COMMISSIONERS
WEt.D COUNTY, COLORADO
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• 1104 Bar ara J. rkmeyer, Chair
Weld County Clerk to the B•
1861 t(c4 . J. eile, Pro-Tem
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Deputy Clerk to the Boa fir! 4 / EXCUSED DATE OF APPROVAL -- —
®pre smtlGeor a E. Baxter
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Minutes, August 7, 2000 2000-1890
Page 4 800016
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