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HomeMy WebLinkAbout20002496.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO OCTOBER 16, 2000 TAPE#2000-29 AND #2000-30 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, October 16, 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 Vaad moved to approve the minutes of the Board of County Commissioners meeting of October 11, 2000, as printed. Commissioner Hall seconded the motion, and it carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Baxter moved to approve the Certification of Hearings conducted on October 10, 2000: 1)Violation Hearings; and Hearing conducted on October 11, 2000: 1) A Site Specific Development Plan and Amended Use by Special Review Permit#927, Hall-Irwin Construction Company, c/o Weld County Department of Public Works. Commissioner Hall seconded the motion, which carried unanimously. ADDITIONS TO AGENDA: There were no additions to the agenda. CONSENT AGENDA: Commissioner Geile moved to approve the consent agenda as printed Commissioner Hall seconded the motion, and it carried unanimously. PUBLIC INPUT: Mike Reismen, Greeley-Weld County Airport Manager,stated on September 4, 1997,the Airport began a $15 million expansion. Following completion of the improvements, on August 11, 2000 a Lear Jet landed at the Airport carrying local dignitaries. Mr. Reisman reviewed the funding of the projec and presented the Board with a commemorative framing of documents and photographs regarding the firs' landing on the new runway, and he thanked the Board for its support. Chair Kirkmeyer thanked the Airport Authority on behalf of the Board of Commissioners. Commissioner Hall, who also sits as the Airport Authority President, stated this is a beneficial project to the area and he anticipates further progress in the future. 2000-2496 BC0016 Mike Crews, County resident, spoke to express concern regarding a road condition in the Westridge Development. Mr. Crews submitted a map, marked Exhibit A, and stated he has lived in Covington Knolls for the past four years. He explained his parents live on West 24th Street which is still maintained by the County. Mr. Crews stated Covington Knolls is accessed by one main access on West 20th Street however, there is a gate at the rear of the development which was developed as an emergency exit which accesses onto West 24th Street. He further stated due to the convenience of the gate, traffic has beer increasing on West 24th Street and he has concerns regarding the safety of children residing in the area due to excessive speeds. Mr. Crews stated the residents of Covington Knolls will soon approach the City of Greeley Planning Commission to amend the existing Planned Unit Development Plan to allow full access and use of the back access. Mr. Crews further stated he is opposed to this proposal; however, if approved he would request the Weld County Department of Public Works consider installing Stop signs at the intersection of West 24th Street and 64th Avenue, as well as placing a speed bump on the hill to help slow traffic due to poor visibility. In response to Commissioner Geile, Mr. Crews stated the back entrance was allowed during the initial approval for an emergency fire access. Responding further to Commissioner Geile, Mr. Barker stated it is common for the City to submit a referral to the Department of Public Works when there is a proposed amendment that may impact the County. Commissioner Vaad stated he has been working with another resident on West 24th Street. He stated representatives from Covington Knolls are going to approach the City regarding full access to the back entrance, because it is electronically activated and many have the code. Commissioner Vaad further stated the City of Greeley Planning Commission will have to consider the illegal use of the rear access, as well as the possibility of amending the Condition of Approval. He stated the proposed Stop signs may not be justified; however, action by the County will depend on what is decided by the City of Greeley. Mr. Crews stated he would support amending the Planned Unit Development Plan for Covington Knolls if he had some assurance that the traffic issue was going to be addressed by the County. Chair Kirkmeyer stated Mr. Crews should consider supporting the amendment process and request the City of Greeley consider the traffic issues on West 24th Street as a condition of the approval for the amendment. Frank Hempen, Jr., Director ot Public Works, stated Commissioner Vaad summarized the situation, he is aware of the situation, and staff recommends the conditions of approval remain as they are and be enforced. He stated if the City of Greeley changes the condition regarding the road access, then they will consider traffic controls WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants for approval by the Board: All Funds $513,232.30 Electronic Transfers - All Funds $593.70 Commissioner Hall moved to approve the warrants as presented by Mr. Warden. Commissioner Vaad seconded the motion, which carried unanimously. NEW BUSINESS: CONSIDER RENEWAL APPLICATION FOR TAVERN LIQUOR LICENSE AND AUTHORIZE CHAIR TO SIGN - MRS. LEO K. WARDMAN, DBA ROCKPORT INN: Bruce Barker, County Attorney, stated Deputy Ron Richardson 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. Minutes, October 16, 2000 2000-2496 Page 2 BC0016 CONSIDER TASK ORDER FOR MATERNAL AND CHILD HEALTH SERVICES PROGRAM ANC AUTHORIZE CHAIR TO SIGN: Dr. Mark Wallace, Director of Weld County Department of Public Health- and Environment, stated this Task Order will allow for the continuation of the Prenatal and Child Health Programs. Services include prenatal and postpartum care, education and counseling, child clinics for clients zero to 16 years of age,screening,physical exams,immunizations,teaching risk-reducing behavior to parents, and referrals. Dr. Wallace stated for these services, the Weld County Department of Public. Health and Environment will be reimbursed in the amount of$140,671.00 for the term beginning October 2, 2000, and ending September 30, 2001. Commissioner Baxter moved to approve said task order and authorize the Chair to sign. The motion, which was seconded by Commissioner Vaad, carried unanimously. CONSIDER TASK ORDER FOR HEALTH CARE PROGRAM FOR CHILDREN WITH SPECIAL NEEDS AND AUTHORIZE CHAIR TO SIGN: Dr. Wallace stated this Task Order will allow the Weld County Department of Public Health and Environment to provide case finding, community outreach, care coordination,clinic and program management,parent and family involvement and support,and interagency collaboration to children and their families who are eligible for the services. Dr. Wallace stated for these services the Health Department will be reimbursed an amount not to exceed $157,208.00 for the term beginning October 1,2000,and ending September 30, 2001. Commissioner Geile moved to approve said task order and authorize the Chair to sign. The motion was seconded by Commissioner Hall, and it 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 AND CONNIE HAIAR: Mr. Hempen stated this is a standard agreement for purchasing property from Donald and Connie Haiar for improvements to a bridge on Weld County Road 59, south of the Town of Keenesburg, and he recommends approval. Commissioner Baxter moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Geile, the motion carried unanimously. CONSIDER APPOINTMENT AND REAPPOINTMENTS TO EXTENSION ADVISORY COUNCIL Commissioner Geile moved to appoint Tom Haren, and reappoint Joe Intermill and Tim Croissant to the Extension Advisory Council. Commissioner Hall seconded the motion, which carried unanimously. CONSIDER ITEMIZING LEGAL HOLIDAYS DURING CALENDAR YEAR 2001: Mr. Warden stated Weld County will be taking the same amount of holidays as in past years. Commissioner Baxter moved to approve Itemizing the Legal Holidays for Calendar Year 2001. Commissioner Geile seconded the motion which carried unanimously. FINAL READING OF ORDINANCE#118-Q, IN THE MATTER OF AMENDING THE PERSONNEL POLICY HANDBOOK: Commissioner Hall moved to read Ordinance #118-C) by title only. Commissioner Geile seconded the motion, which carried unanimously. Mr. Barker read the title into the record. Mr. Warder stated the Personnel Department recommends Section E under Section VI, be deleted in its entirety and the subsequent sections be relettered. Mr. Warden explained Section E required quarterly reports regarding the number of days in the sick leave bank, but this procedure is no longer necessary because it is unlikely the amount of days will be exceeded. No public testimony was offered concerning this matter Commissioner Hall moved to approve Ordinance #118-Q on final reading, with the deletion of Section E of Section VI and reletter the subsequent paragraphs. The motion,which was seconded by Commissioner Geile, carried unanimously. Minutes, October 16, 2000 2000-2496 Page 3 BC0016 PLANNING: CONSIDER CANCELLATION AND RELEASE OF COLLATERAL AND ACCEPT REPLACEMENT COLLATERAL FOR LIGHTHOUSE COVE PLANNED UNIT DEVELOPMENT,S#522-MILES'LAFAVER: Kim Ogle, Department of Planning Services, stated staff received a letter on September 14, 2000, requesting release of collateral in the amount of$240,515.00. Mr. Ogle stated the Department of Public Works inspected the site and determined an additional one and one-half inches of asphalt is required on the road. The applicant has requested this improvement be delayed until the construction trucks are no longer using the road. Mr. Ogle further stated the Department of Public Works recommends approval of the release of collateral; however, it has requested 15 percent be retained for one year, in addition to the $12,000 necessary for the one and one-half inches of asphalt that will be required to complete the road. Mr. Ogle stated the Department of Planning Services is requesting $940.00 be retained for completion of the grass-lined swale. The total amount of replacement collateral is$18,091.00 which has been submitted in the form of an Irrevocable Letter of Credit. Commissioner Geile moved to cancel and release said collateral and accept the replacement collateral for the Lighthouse Cove Planned Unit Development, S#522, for Chuck Miles and Donald LaFaver. Commissioner Vaad seconded the motion, which carried unanimously. CONSIDER EXTEND COMPLETION DATE FOR IMPROVEMENTS AGREEMENT AND APPROVE EXTENDED COLLATERAL FOR SITE PLAN REVIEW #302- DANIEL AND DEBRA BAKER: Mr. Barker stated Daniel and Debra Baker have submitted a letter, dated October 10, 2000, requesting a twelve- month extension of time for the Improvements Agreement to complete the project, as well as extend the existing collateral. He stated Julie Chester, Department of Planning Services,and Don Carroll, Department of Public Works, indicated they have no concerns with this request. Commissioner Baxter moved to approve said extension of the agreement and collateral for Site Plan Review, SPR #302, for Daniel and Debra Baker. The motion was seconded by Commissioner Hall, and it carried unanimously. CONSIDER RECORDED EXEMPTION #2833 - RONALD AND JANICE KNUTSON: Chris Gathman, Department of Planning Services, gave a brief description of the location of the site, and stated staff recommends denial based on the reasons detailed in a letter to the Commissioners from staff, dated October 11, 2000. Mr. Gathman stated the applicant has not proposed proper access, and proposed Lot A will be a flaglot configuration. He stated the applicant was not interested in reconfiguring the location and the proposed lot is designated as prime farmground. In response to Commissioner Hall, Mr. Gathman stated there is adequate room for construction of a residence as long as it is not located within the floodplain. He further stated the future owner of Lot A will own the access easement. Mr. Gathman submitted a memorandum,marked Exhibit A,requesting an additional Condition stating Patina Oil and Gas has the right to access its facilities on Lots A and B. In response to Commissioner Geile, Mr. Gathman indicated the locations of the three oil and gas facilities located on the site. Responding to Commissioner Vaad, Mr. Gathman stated the map supplied by the applicant as part of the application labels four parcels as A, B, C, and D; however, those are not proposed lots, they are fields, and they are not proposed for development. In response to Commissioner Baxter, Mr. Gathman stated there are existing roads on the west and north sides of the property. Responding to Chair Kirkmeyer, Mr. Gathman stated the Colorado Department of Transportation requested Condition of Approval#3.A be added. He explained they cannot require the applicant to close the accesses; however, they want to ensure that no more are allowed. Mr. Gathman suggested amending Condition of Approval #3.B to state, "All accesses shall be clearly shown on the plat." Randy Knutson, applicant, stated the access for proposed Lot A is an existing access, and reiterated that the map showing four distinct areas on his property are fields, not proposed developments. Mr. Knutson stated only a small portion of his property is within the floodplain, and the existing residence is located in the northwest corner outside of the floodplain. He proposed the designated building site for Lot A because it is at the highest point on his property and is the least accessible for irrigation. Mr. Knutson stated his Minutes, October 16, 2000 2000-2496 Page 4 BC0016 land is considered to be highly erodible soils,staffs proposed building sites would be in the middle of prime farmground, and they would affect the irrigation flow. Mr. Knutson further stated his sons live in the existing residence, and he would like to live on the farm as well. In response to Commissioner Geile, Mr. Knutson reiterated the proposed building site is the highest point on his property and it does slope into the floodplain. Responding to Commissioner Hall, Mr. Knutson reiterated the existing residence its not in the floodplain, and the northern road accesses the residence and two of the oil and gas facilities. He further stated Geological Engineering has not been done on Lot B, and added there is already a septic system. No public testimony was offered concerning this matter. In response to Chair Kirkmeyer, Mr. Knutson stated he has reviewed the Conditions of Approval. He questioned what the School District is requiring under Condition of Approval #3.C, and stated the Towns of Milliken and Gilcrest have no concerns with this proposal. Mr. Gathman reviewed the letter from the School District dated September 29, 2000, for the record, and explained the School District is requesting a fee in lieu of land dedication. Mr. Knutson stated he is not sure how this proposal will affect the School District as he has no school-aged children. In response to Commissioner Geile, Monica Mika.. Director of Planning Services, stated the School District has adopted a policy for accepting a fee in lieu of land dedication; however, she does not have a copy of that policy. In response to Mr. Knutson, Chair Kirkmeyer skated this condition is requiring he pay$752.73 to the School District to compensate for any impacts this proposal may have. Mr. Knutson reiterated he has no children in the district. Commissioner Baxter stated the idea of a fee in lieu was based on the necessary funds to build or expand a school for incoming families. He further stated in the past Recorded Exemptions were not required to post a certain amount. and were simply required to work with the School District in an attempt to address the concerns. Commissioner Geile commented he thought there needed to be a formal acceptance of the fee schedule. Mr. Barker stated Recorded Exemptions are exempt from the standard requirements of the Subdivision Ordinance,and it is at the Board's discretion whether it desires to keep this condition. Commissioner Geile stated he feels there needs to be an official documentation of the adopted fee in lieu prior to enforcing the School District's request. In response to Commissioner Hall, Ms. Mika stated the School Superintendent referred to the study in the referral letter, but it is not attached, and the Board has not taken any formal action to adopt the study. Responding to Commissioner Geile, Ms. Mika stated RE-1 is the Gilcrest School District. Mr. Knutson also questioned Condition #1. Mr. Barker stated Condition of Approval #1 is necessary because of Amendment#24, and the application was submitted prior to September 13, 2000. He stated the terms of the Condition allow this application to proceed and be published; however, the cost of publication needs to be paid for by the applicant because the fee was not charged at the time of application. Commissioner Hall stated he thought this Condition applied only to those cases that did not meet the submittal deadline. (Switched to Tape #2000-30) Mr. Barker stated this Condition provides protection to the applicant and the Board of Commissioners because once the notice is complete, no one can object to the approval. Chair Kirkmeyer stated this addresses the time of approval, not the application date, and she is not sure that it is needed on this particular Exemption because no concerns were presented by the applicant or the public. Commissioner Baxter concurred. In response to Commissioner Baxter, Mr. Knutson stated he understands the discussion. He added that because he has waited so long to complete this case, he needs to begin construction before the ground freezes, and he does have a building permit. In response to Mr. Knutson, Mr. Gathman explained what is meant by a nonconforming use in Condition#3.E. Chair Kirkmeyer suggested deleting Condition of Approval#3.E because Condition #3.G.4 addresses all construction within the floodplain. She further stated Condition of Approval #3.G.5 also ensures that no septic systems are installed in the floodway. Chair Kirkmeyer clarified staff previously requested Condition of Approval #3.G.10 be added; however, she does not feel it is appropriate for the Board to place conditions on the applicant reserving the right of Patina Oil and Gas to access the oil and gas facilities. She suggested this condition be amended to state,"Patina Oil and Gas has existing facilities on Lots A and B" and allow the facility owners to follow the Oil and Gas Commissioner Regulations for Minutes, October 16, 2000 2000-2496 Page 5 3C0016 access rights. In response to Chair Kirkmeyer, Mr. Knutson indicated he understands and agrees with the previous discussion regarding changes to the Conditions. Commissioner Geile moved to approve Recorded Exemption #2833 for Ronald and Janice Knutson with the Conditions of Approval, with the deletion of Condition #1, amend Condition #3.C to state, "The applicants shall contact Weld County School District RE-1 and attempt to address its requirements as stated in a referral response dated September 29, 2000. Evidence of such shall be submitted in writing to the Department of Planning Services,"delete Condition#3.E,add#3.G.10 to state, "Patina Oil and Gas has existing facilities on Lots A and B of Recorded Exemption #2833," and reletter and renumber as necessary. Commissioner Hall seconded the motion with an amendment to the motion to delete Condition #3.C in its entirety. Chair Kirkmeyer clarified the motion and also amended the motion to amend Conditior of Approval#3.B to delete the word"approved." Commissioners Geile and Hall agreed to the amendments as discussed, and the motion carried unanimously. CONSIDER MOBILE HOME PERMIT, ZPMH #2219 - HOME LUMBER COMPANY: Vicky Hamilton Department of Planning Services, gave a brief description of the location of the site, and stated staff recommends denial of this request to use a mobile home as a break room because there is adequate room within the primary structure. Ms. Hamilton stated the mobile home is in place, but is not currently being used. In response to Commissioner Hall, Ms. Hamilton stated there are similar structures on the other lots however, this mobile home will not have water or sewer services. In response to Chair Kirkmeyer, Ms Hamilton stated the office building on Lot 12 is a concrete block structure. In response to Commissioner Baxter, Ms. Hamilton corrected her previous comment and stated the other lots do not have mobile homes Kim Ogle, Department of Planning Services, stated Home Lumber occupies four lots. He explained the applicant is proposing the mobilehome break room on Lot 13. He stated the primary office building is located on Lot 12, Lot 10 has a vacant residence, and there are agricultural buildings used for storage or Lot 11. Deanne Frederickson, applicant, stated there are four lots within the Rademacher Business Park that are occupied by Home Lumber, and she submitted photographs, marked Exhibit A. Ms Frederickson stated many of the lots are still vacant, and she explained the proposed mobile home is intended to be used as a shelter during extreme summer and winter weather. She stated it is small and is located behind an eight foot privacy fence, with a 30-foot separation from Camelot Drive. She further stated Home Lumber has maintained the landscaping and has a professional appearance. In response to Chair Kirkmeyer, Ms Frederickson stated the camper shown in a photograph by staff was only on the site temporarily and has since been removed. In response to Commissioner Baxter, Ms. Frederickson stated the mobile home wil' be permanent, but it will not have water or sewer services. Mr. Barker stated accessory use structures are required to be hooked to water and sewer. In response to Chair Kirkmeyer, Ms. Frederickson stated there is a house located on Lot 10 which is empty and may be proposed as an office facility at a future date, anc she submitted a plat map, marked Exhibit B. In response to Commissioner Baxter, Mr. Ogle stated there is no specific type of permit for the proposed use because accessory structures are required to have water and sewer. In response to Commissioner Hall, Ms. Frederickson gave a brief description of the surrounding uses, and added sixteen of the lots are still vacant. Responding to Commissioner Halls concern regarding setting a precedent, Ms. Frederickson stated she understands, but Home Lumber is good company and has a nice property. E3ret Gutz represented Home Lumber and stated they started delivering lumber from this site in January 1999. He explained there was a rented trailer which was used as an office facility while the primary structure and lumberyard were being built. Mr. Gutz stated the indoor break room is not large enough for 20 employees,the mobile home has not been used, it has been inspected and approved, and it is intended to be used as a shelter during inclement weather. Mr. Gutz further stated Lot 10 is 5.5 acres and has a house which is vacant at this time. In response to Commissioner Baxter, Mr. Gutz stated there was a Minutes, October 16, 2000 2000-2496 Page 6 BC0016 temporary permit for the office trailer, but this is a new mobile home which requires a different permit. In response to Commissioner Geile, Mr. Gutz stated the mobile home is approximately 20 years old, and he reviewed the types of structures within the Business Park. There being no further testimony, Chair Kirkmeyer closed testimony. In response to Commissioner Baxter, Mr. Ogle stated the original trailer was permitted as a temporary office while the applicant was constructing the main building; however, the current mobile home is proposed for a different use which requires a new permit. In response to Commissioner Geile, Mr. Ogle indicated Condition of Approval#5 was added to ensure any violations are addressed. Commissioner Hall expressed concern with a permanent structure that has no water or sewer services, is not on a foundation, and has potential for changing the use, therefore he moved to deny the Zoning Permit for a Mobile Home #2219 for an Accessory Use in the I (Industrial) Zone District. The motion, which was seconded by Commissioner Vaad,who stated this will set a precedent,and suggested the applicant consider an addition to the existing structure to accommodate the employees because the mobile home is contrary to the image of the development. Commissioner Baxter stated there is not an appropriate permit for the proposed use and he concurs with the previous statements. In response to Chair Kirkmeyer, Ms. Hamilton submitted her comments for the record. The motion carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent agenda. Ordinance #118-Q was 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 11:05 a.m. BOARD OF COUNTY COMMISSIONERS�/JØ4/ la ATTEST: �� , .. — .( �, 1/4, - Barbara J. • kmeyer, Chair Weld County Clerk to the Boar`. '' %4 i►� i ,--V? �� � ,�`, M. J. eile, Pro-Tem Y. i,.� ® ICI \/ ,. BY: J � Deputy Clerk to the Board -_" - / e e - 1 - '�eorg . Baxter , v`\ �� .�t / Glenn Vaad C Minutes, October 16, 2000 2000-2496 Page 7 1300016 Maps.com: Show Map I"age 1 of 2 4 EXHIBIT (o/f aoo I n 60 seconds _ . aubi is cm,nfnt maps.co 1 ,,.�r.� t*,ir ,' _ , .. 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