HomeMy WebLinkAbout20002791 RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
NOVEMBER 6, 2000
TAPE#2000-31
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 6, 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 November 1, 2000, as printed. Commissioner Geile seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Baxter moved to approve the Certification of Hearings
conducted on November 1, 2000, as follows: 1) A Site Specific Development Plan and Planned Unit
Development Final Plan, S #554 - Idaho Creek, Kent Carlson; 2)A Site Specific Development Plan and
Planned Unit Development Final Plan, S #562 - Meadow Vale Farm, Third Filing, Floyd and Katharine
Oliver, do Glen Droegemueller, P.C.; and 3) A Site Specific Development Plan and Use by Special
Review Permit#1285, Lambland, Inc.,dba A-1 Organics, Go Robert Yost. Commissioner Vaad 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 Hall seconded the motion, and it carried unanimously.
PUBLIC INPUT: There was no public input.
2000-2791
BC0016
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $837,644.63
Commissioner Hall moved to approve the warrants as presented by Mr. Warden. Commissioner Geile
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER RENEWAL APPLICATION FOR 3.2 PERCENT BEER RETAIL LICENSE AND AUTHORIZE
CHAIR TO SIGN - LINDA FANGMEIER, DBA OUR LITTLE STORE: Bruce Barker, County Attorney,
stated Deputy Mike Wilson expressed no concerns with this application. Commissioner Hall moved to
approve said application and authorize the Chair to sign. Seconded by Commissioner Geile, the motion
carried unanimously.
CONSIDER AGREEMENT CONCERNING PURCHASE OF PROPERTY FOR CERTAIN
IMPROVEMENTS TO WELD COUNTY ROAD 59,AND ACCEPTANCE OF DEED OF DEDICATION AND
AUTHORIZE CHAIR TO SIGN - DONALD SLOAN/WILLIAM SIEBERT: Frank Hempen, Jr., Director of
Public Works, stated this is a standard agreement to obtain the necessary right-of-way to complete
improvements on Weld County Road 59. He stated under this agreement, the County will pay Donald
Sloan $2,000.00, and will have the opportunity to purchase borrow material for fifty cents per cubic yard.
Commissioner Baxter moved to approve said agreement, accept the Deed of Dedication, and authorize
the Chair to sign. Commissioner Vaad seconded the motion, which carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF A
PORTION OF WELD COUNTY ROAD 86 RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN-DENNIS
DRAKE: Mr. Hempen stated this is a standard agreement required as a Condition of Approval for a
Recorded Exemption. Mr. Hempen gave a brief description of the location of the right-of-way, and stated
he recommends approval. Commissioner Vaad moved to approve said agreement and authorize the Chair
to sign. The motion was seconded by Commissioner Baxter, and it carried unanimously.
CONSIDER TEMPORARY ROAD CLOSURE OF WELD COUNTY ROAD 47 BETWEEN WELD COUNTY
ROAD 70 AND STATE HIGHWAY 392: Mr. Hempen stated this is a federal bridge project which crosses
a waterway and will require several months to complete. Commissioner Baxter moved to approve said
temporary closure. Commissioner Vaad seconded the motion, which carried unanimously.
CONSIDER RESOLUTION RE: REQUEST FROM UNDESIRABLE PLANT MANAGEMENT ADVISORY
COMMISSION TO REQUIRE MANAGEMENT PLANS FROM CERTAIN LANDOWNERS: Mr. Barker
stated Ordinance#169 requires the Department of Public Works request a Resolution from the Board prior
to sending notices to landowners requiring them to submit management plans for weed maintenance on
their property. In response to Commissioner Baxter, Ron Broda stated the list consists of property owners
that have been contacted for numerous years with no results. Responding to Commissioner Geile, Mr.
Broda stated the City of Thornton owns parcels of land which are leased,and they have been working with
the City to make it partially responsible for the maintenance or cost of the property. Responding to
Commissioner Hall, Mr. Broda stated the Weed Management Plans are necessary because the property
owners have not been doing proper maintenance, or no maintenance at all and the County had to do it.
He further stated approximately 90 percent have been contacted in the past with no improvements, and
the remaining 10 percent are properties which were missed during the year that are new to the list. He
explained the letter indicates he would like to meet with the property owners that are new on the list to talk
about their management options before the weeds get out of control next spring. Responding further to
Commissioner Hall, Mr. Broda stated the recent additions to the list have received no contact prior to this
Minutes, November 6, 2000 2000-2791
Page 2 BC0016
request for a management plan. Responding to Chair Kirkmeyer, Mr. Broda stated the integrated weed
management plan entails procedures to control weeds depending on the intended land use. He further
stated the management plan procedures are not mandatory, but it is an attempt to promote property
maintenance so that weeds don't affect neighboring properties. Chair Kirkmeyer expressed concern with
not allowing the properties on the list a chance to do voluntary action prior to mandating a management
plan. Mr. Broda reiterated that a majority of the property owners received a letter in early spring providing
information for weed control, which is followed up with a personal contact. If no action is taken, then he
requests approval to enter the property to control weeds. He stated they entered more than 100 sites in
the past year; however, he is willing to remove the new properties on the list that have not received prior
contact. Mr. Hempen concurred and suggested if after this next year,there are still weeds on the site, then
they will be added to the list. He explained the remaining properties on the list have been problems in the
past. In response to Chair Kirkmeyer, Mr. Broda reiterated that most of the property owners have been
contacted numerous times for several years and this is a chronic problem for them. He explained he can
request weed management plans but the law states that the property owner does not have to respond,
therefore, there is no means of enforcement. Chair Kirkmeyer indicated this request is not necessary if
the plans cannot be enforced. Commissioner Baxter stated this recommendation comes from the Weed
Board which has expressed its frustration at this continuing problem with some properties. He stated he
concurs that the new properties should be removed from the list; however, this is just another attempt at
contacting the remaining properties to get a response. Commissioner Baxter moved to approve said
Resolution with a direction to staff to correct the list by removing properties that have not received prior
notification. The motion was seconded by Commissioner Vaad. The motion carried with Chair Kirkmeyer
opposed.
CONSIDER LICENSE AND EXCHANGE AGREEMENT FOR GEOGRAPHIC DATA AND AUTHORIZE
CHAIR TO SIGN - CITY OF NORTHGLENN: Mr. Barker stated this is a standard agreement for use of
the Geographical Information System data. Commissioner Geile moved to approve said agreement and
authorize the Chair to sign. Seconded by Commissioner Hall, the motion carried unanimously.
CONSIDER QWEST ISDN PRIMARY RATE SERVICE AGREEMENT INCLUDING RATE STABILIZED
DID TRUNKS OR DS1 TRUNKS, AND NON-APPROPRIATIONS ADDENDUM TO SAID AGREEMENT,
AND AUTHORIZE CHAIR TO SIGN - QWEST CORPORATION: Mr. Warden stated this agreement
designates a new local phone service carrier for Weld County. Commissioner Vaad moved to approve
said agreement and authorize the Chair to sign. The motion, which was seconded by Commissioner
Baxter, carried unanimously.
CONSIDER LETTER OF INTENT FOR TELEPHONE SERVICE FOR FORT LUPTON GRADER SHED
AND AUTHORIZE CHAIR TO SIGN -US WEST: Mr.Warden stated this letter of intent will provide phone
service to the grader shed in Fort Lupton. He explained the site is also a fuel station and a phone is
necessary for safety purposes. In response to Commissioner Hall, Mr. Warden stated this letter of intent
is with US West until they complete their transition to Qwest. Commissioner Hall moved to approve said
letter of intent and authorize the Chair to sign. Commissioner Vaad seconded the motion, which carried
unanimously.
CONSIDER APPOINTMENT TO WORKFORCE DEVELOPMENT BOARD: Commissioner Geile moved
to appoint Colleen Flack to the Workforce Development Board to replace Judy Sheppard as the adult
literacy representative, with a term expiring December 31, 2002. Commissioner Baxter seconded the
motion, which carried unanimously.
Minutes, November 6, 2000 2000-2791
Page 3 BC0016
PLANNING:
CONSIDER RECORDED EXEMPTION #2823 - HOMEWARD CONCRETE STEPS OF ROCHESTER,
INC., C/O LOUIS BLANDA: Robert Anderson, Department of Planning Services, gave a brief description
of the location of the site, which is part of Lot B of Recorded Exemption#455. He stated the site is zoned
agricultural,the U.S.D.A.designated it as"other lands,"and he gave a brief description of the surrounding
land uses. Mr. Anderson stated three referral agencies recommended Conditions of Approval and two
indicated they had no conflict with the proposal. Mr.Anderson reviewed staff's reasons for recommending
denial as indicated in the Administrative Review. He stated this application results in the creation of an
island lot, with an access approximately one-half mile long. Staff discussed several alternatives for
placement of the lot with the applicant; however, an agreement could not be reached. In response to Chair
Kirkmeyer, Mr. Anderson stated Recorded Exemption #445 was approved in 1980, which created Lot B
where the new lot is proposed. He stated the site appears to be an old home site, the Brighton Lateral
Ditch bisects the property, and access is proposed from Weld County Road 31 because there does not
appear to be a previous access. In response to Commissioner Baxter, Mr. Anderson stated the
surrounding area consists of pasture and native grasses, residences,and the City of Fort Lupton is located
to the northwest. Responding to Commissioner Hall, Mr. Anderson stated the proposed access would be
an easement over Lot B which is owned by the applicant, and the purpose of the proposed site is a future
residence which would be sold. He further stated the Real Estate brochure included in the file indicates
the applicant's intent to market this site. In response to Commissioner Geile, Mr.Anderson stated the site
has been listed for sale prior to this approval. Responding to Commissioner Baxter, Mr. Anderson stated
staff proposed either extend the frontage to Weld County Road 31 creating a long, narrow lot, or move the
site to the west so the access is not so long. In response to Chair Kirkmeyer, Mr. Anderson stated that
although the Real Estate brochure indicates there are other 5-acre lots in the area; the only other 5-acre
lot is Lot A of Recorded Exemption #445.
In response to Commissioner Geile, Louis Blanda, applicant, stated he has listed this property with a real
estate agent. Dan Jorgensen, listing agent for the site,stated currently there is no legal description on this
site. He explained they are advertising the land size as negotiable pending approval of this request.
Responding further to Commissioner Geile, Mr. Jorgensen stated he previously listed a subdivision in
Berthoud within Larimer County; however, he has not previously done a land transaction within Weld
County. He stated it was listed to obtain interested buyers and then wait to see what this Board would
determine. He further stated the potential buyers are aware that the site has not been subdivided yet. He
stated the applicant is still interested in selling the lot even if it is not subdivided. In response to Chair
Kirkmeyer, Mr. Blanda stated he understands staff recommends denial on this request, and he stated he
would like to sell off a small parcel of Lot B for financial purposes. He further stated the site is not good
for agriculture, there is no water for irrigation, and there are a lot of trees which would provide a good
home site with a few animals. In response to Chair Kirkmeyer, Mr. Jorgensen stated Mr. Blanda resides
on Lot A of Recorded Exemption#445. He further stated there is an old access to the site from the north
which the previous property owner to the north never denied. In response to Commissioner Geile, Mr.
Jorgensen stated there is no legal instrument for access from the north, therefore, they are proposing an
easement or quit claim deed from Lot B. The easement would be constructed to County specifications,
and Mr. Blanda desires a nonexclusive access so he could also use it. Mr. Blanda stated the new property
owner to the north has gated the rear access, which he and oil and gas companies have used for more
than 20 years. Mr. Blanda stated he would like some action taken to require the gate to be removed.
Chair Kirkmeyer stated there is no evidence that Mr. Blanda has right to the access from the northeast.
No public testimony was offered concerning this matter. In response to Commissioner Geile,Mr.Anderson
stated Condition of Approval#3.C provides for a culvert under the new access from Weld County Road 31.
Minutes, November 6, 2000 2000-2791
Page 4 BC0016
Commissioner Hall expressed concerns regarding island lots, and restricted access. He moved to deny
Recorded Exemption #2833 for Homeward Concrete Steps of Rochester, Inc., do Louise Blanda based
on the recommendations as submitted by Planning Services staff. Commissioner Geile seconded the
motion,and stated that although the applicant proposes access from Weld County Road 31,there has also
been discussion regarding use of an access from the northeast to which the applicant does not have rights.
He further stated the specific details for access from Weld County Road 31 are not adequate.
Commissioner Baxter concurred with Commissioner Geile's statements, and stated it would have been
helpful if the applicant had resolved the access issue either from Weld County Road 31 or the existing
access from the northeast. The motion carried unanimously.
FINAL READING OF ORDINANCE #220, IN THE MATTER OF ADOPTING A COORDINATED
PLANNING AGREEMENT BETWEEN THE COUNTY OF WELD AND THE TOWN OF LASALLE:
Commissioner Hall moved to read Ordinance#220 by title only. Commissioner Geile seconded the motion,
which carried unanimously. Bruce Barker, County Attorney, read said title into the record. Anne Best
Johnson, Department of Planning Services, stated Ordinance #220 complies with the Weld County
Comprehensive Plan, and she has received no new information since the second reading.
Gary Wardell, La Salle Mayor, thanked the County for guiding the Town through this process. He stated
the terms of this Intergovernmental Agreement will benefit both the Town and County. Commissioner Hall
expressed his thanks to Mayor Wardell and the Town Council for its efforts in this process. Chair
Kirkmeyer stated this process started seven years ago, and has been a success due to open discussions
and cooperation. No public testimony was offered concerning this matter. Commissioner Hall moved to
approve Ordinance #220 on Final Reading. Commissioner Baxter seconded the motion, which carried
unanimously.
FINAL READING OF ORDINANCE #221, IN THE MATTER OF ADOPTING A COORDINATED
PLANNING AGREEMENT BETWEEN THE COUNTY OF WELD AND THE CITY OF FORT LUPTON:
Commissioner Hall moved to read Ordinance#221 by title only. Commissioner Geile seconded the motion,
which carried unanimously. Bruce Barker, County Attorney, read said title into the record. Anne Best
Johnson, Department of Planning Services, stated she has received no new information since the second
reading.
Paul Rayl, Fort Lupton City Planner, stated the map which needs to be attached to the agreement and
Ordinance needs to be corrected to reflect the correct city limits;however,he requested the Board proceed
and approve the matter at this time. He further stated the City Council has expressed its thanks to the
Board of Commissioners for approaching the City and working to draft this Intergovernmental Agreement.
In response to Commissioner Geile, Mr Rayl stated the amended city limits will still be within the Urban
Growth Boundary area. Commissioner Hall requested Mr. Rayl express the Board's appreciation to the
City Council for its work in completing this agreement. Chair Kirkmeyer concurred. No public testimony
was offered concerning this matter. In response to Chair Kirkmeyer, Mr. Barker stated Section 6
addresses the procedure for any future amendments to the Urban Growth Boundary; however, the map
is only being amended to correct the City limits so a formal amendment is no necessary. Commissioner
Hall stated the agreement is in relation to the Urban Growth Boundary, not amended city limits. Chair
Kirkmeyer stated the City of Fort Lupton can submit a corrected map at any time without a formal
amendment to the Ordinance. Commissioner Hall moved to approve Ordinance#221 on Final Reading,
with direction to staff to obtain a corrected map from the City of Fort Lupton. Commissioner Baxter
seconded the motion, which carried unanimously.
Minutes, November 6, 2000 2000-2791
Page 5 BC0016
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. Ordinances#220 and #221 were approved on final 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 10:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: Lilt SIO.:417781.% EXCUSED D TE OF APPROVAL
. Barbara J i meyer, Chair
Weld County Clerk to the B.a,d
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c� / 0�;�, M. . eil , Pro-Tem
BY: ,i I i ..: ra. %.
Deputy Clerk to the BoaiA gjp�'�tf ace
`&HI V rge . Baxter
Dale K. Hall /
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Gle n Vaad
Minutes, November 6, 2000 2000-2791
Page 6 BC0016
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