HomeMy WebLinkAbout20000492 RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
FEBRUARY 28, 2000
TAPE#2000-06
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, February 28, 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 - EXCUSED
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 Baxter moved to approve the minutes of the Board of County Commissioners
meeting of February 23, 2000, as printed. Commissioner Geile seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Hall moved to approve the Certification of Hearings
conducted on February 23, 2000, as follows: 1)A Site Specific Development Plan and Amended Special
Review Permit#1172, Hall-Irwin Construction Company,c/o Tuttle Applegate, Inc.;and 2)Change of Zone
#533, Shawn and Paula Petersburg. Commissioner Baxter seconded the motion, which carried
unanimously.
ADDITIONS TO AGENDA: There were no additions to the agenda.
CONSENT AGENDA: Commissioner Baxter moved to approve the consent agenda as printed.
Commissioner Hall seconded the motion, and it carried unanimously.
PRESENTATIONS:
RECOGNITION OF SERVICES - WELD COUNTY CLERK AND RECORDER'S OFFICE, JUANITA
SMITH:Chair Kirkmeyer read the certificate recognizing Juanita Smith,who was present,for more than 22
years of service to the Weld County Clerk and Recorder's Office. J. A. "Suki" Tsukamoto, Clerk and
Recorder, presented Ms. Smith with a pin and corsage and thanked her for her work in the Weld County
Clerk and Recorders Office.
-(/yi(p c.t7 /YN ti 1 2000-0492
1 -3i� BC0018
RECOGNITION OF SERVICES - AWARD OF FINANCIAL REPORTING ACHIEVEMENT, WELD
COUNTY ACCOUNTING DEPARTMENT: Mr. Warden read the certificate recognizing the Weld County
Department of Accounting for its achievement in financial reporting, and presented the award to the Weld
County Comptroller, Claud Hanes.
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 $570,630.40
Electronic Transfers -All Funds $2,709,545.54
Commissioner Hall moved to approve the warrants as presented by Mr. Warden. Commissioner Geile
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER AGREEMENT FOR ACCESS TO CLERK AND RECORDER DATA BASE AND AUTHORIZE
CHAIR TO SIGN - KING SURVEYORS, INC.: Bruce Barker, County Attorney, stated this is a standard
agreement for access to the Weld County Clerk and Recorder's data base, and he recommends approval.
Commissioner Hall moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Baxter, the motion carried unanimously.
CONSIDER AGREEMENT TO AMEND/EXTEND CONTRACT TO BUY AND SELL REAL ESTATE FOR
MIGRANT HEAD START PROGRAM IN GRAND JUNCTION,COLORADO AND AUTHORIZE CHAIR TO
SIGN - REMAX TWO RIVERS REALTY, INC., C/O STEVE FLEMING: Mr. Barker stated this agreement
will amend the existing contract by reducing the price of the property due to the lack of a sewer line to the
property. He stated it is important that the sewer line be in place before closing on the property.
Commissioner Geile commented there were negotiations with the realtor last week regarding the date of
contract termination and the realtor suggested the proposed amendments be incorporated into a new
contract rather than take action on the agreement to amend the original contract. Commissioner Baxter
moved to approve incorporating the discussed amendments into a new contract and authorizing the Chair
to sign. Seconded by Commissioner Geile, the motion carried unanimously.
CONSIDER CONTRACT FOR RESIDENTIAL AND NON-RESIDENTIAL COMMUNITY CORRECTIONS
SERVICES AND AUTHORIZE THE CHAIR TO SIGN - CORRECTIONAL MANAGEMENT, INC.: Mr.
Barker stated this is a standard agreement with terms similar to contracts held in the past, with a term
commencing July 1, 1999, and ending June 30, 2000. Commissioner Baxter moved to approve said
contract and authorize the Chair to sign. Seconded by Commissioner Geile, the motion carried
unanimously.
CONSIDER RESOLUTION RE: MILEAGE REIMBURSEMENT RATE: Mr. Warden explained many
employees have inquired about the current mileage reimbursement rate as a result of the gasoline cost
increase. He stated the IRS has increased the maximum rate to 32.5 cents per mile, and a survey among
Front Range counties indicates the average amount reimbursed is 30.5 cents per mile, which is two cents
less than the IRS maximum rate. Mr. Warden stated the cost to the County for each cent increase is
approximately $4,000. In response to Chair Kirkmeyer, Mr. Warden commented the second paragraph
of the draft resolution needs to be amended to indicate the standard milage rate is 32.5 cents per mile.
Commissioner Geile moved to approve said resolution with the discussed correction. Commissioner
Baxter seconded the motion, which carried unanimously.
Minutes, February 28, 2000 2000-0492
Page 2 BC0016
CONSIDER CDBG CONTRACT CHANGE LETTER#1 FOR WELD/LARIMER REVOLVING LOAN FUND
AND AUTHORIZE CHAIR TO SIGN: Mr. Warden stated this change letter will extend the term of the
Weld/Larimer Revolving Loan Fund for use of funds that are still available. Commissioner Hall moved to
approve said change letter and authorize the Chair to sign. Seconded by Commissioner Geile, the motion
carried unanimously.
PLANNING:
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL AND ACCEPT REPLACEMENT
COLLATERAL FOR BIG SKY ESTATES PLANNED UNIT DEVELOPMENT, S #489 - DALE AND
LORETTA BURMAN: Julie Chester, Department of Planning Services, stated the Weld County
Departments of Planning Services and Public Works have reviewed the site and recommend cancellation
and release of the existing collateral in the amount of$18,600.00, and to accept replacement collateral in
the amount of $650.00 to be held for the period of one year. Commissioner Hall moved to cancel and
release said collateral and accept new collateral from Dale and Loretta Burman for the Big Sky Estates
Planned Unit Development, in the amount of$650.00. Commissioner Geile seconded the motion, which
carried unanimously.
CONSIDER RECORDED EXEMPTION#2646-BYRON AND YVONNE MARSH: Ms.Chester gave a brief
description of the location of the site and stated Department of Planning Services staff has concerns with
this application. She stated the proposal does not conform with the Weld County Comprehensive Plan
because further development within this area will contribute to urban sprawl. Ms. Chester stated the
property is zoned agricultural and designated prime if irrigated farm ground. She indicated the increasing
density of the area will have adverse effects on the surrounding area, primarily with the demand for water
and urban services.
Chair Kirkmeyer informed Byron Marsh, applicant, of his option to continue this matter due to the lack of
a full Board. Mr. Marsh indicated he would prefer to proceed with this matter today. Mr. Marsh expressed
concern with Planning Services staff stating the site is zoned agricultural;however, his property tax records
as of May 1, 1999, indicate this is a residential property. He stated there are no irrigation ditches on the
property, it has not been farmed for many years, and the grass will not support grazing. Mr. Marsh stated
there have been other flag lots approved north of his property in the past year; and he has letters indicating
utilities will be provided to the property. Mr. Marsh stated this is not productive farmland because there
is no irrigation water, and explained he is currently living in a mobile home on the site. He stated he would
like to divide the property in a way that will allow him to sell the portion with the mobile home, and build a
new home on the remaining parcel. In response to Commissioner Geile, Mr. Marsh stated the existing
parcel is approximately 11.5 acres including the road,and the existing residence is located in the northeast
corner of the property. Responding to Commissioner Baxter, Mr. Marsh stated the four lots located to the
north do not use the same lane, and there is a separate road adjacent to his road. In response to
Commissioners Geile and Hall, Mr. Marsh stated he has never owned any of the surrounding property and
clarified that he owns the lane accessing his property from Weld County Road 1. He further stated the new
lot will use the same driveway; however, it will be owned by the property owner of the 5.5-acre lot. Mr.
Marsh stated there is an easement on the road which is used by the three properties to the south; however,
he maintains it. In response to Commissioner Geile, Mr. Marsh stated Union Reservoir is located to the
south of his property. Chair Kirkmeyer commented that although the property may be zoned agricultural,
the house is taxed as residential, and it is possible that the land is being taxed as residential because there
is no agricultural use at the time. Responding to Commissioner Baxter, Mr. Marsh gave a brief description
of the surrounding uses, and stated the site does not have irrigation water.
No public testimony was offered concerning this matter.
Minutes, February 28, 2000 2000-0492
Page 3 BC0016
In response to Commissioner Hall, Ms. Chester stated the site is not in an Urban Growth Boundary area,
and this Section has many lots which were created through various processes. She stated the smaller lots
to the south were developed prior to zoning,and the Planned Unit Development to the north was approved
with requirements for open space and a road was built to Weld County standards. Ms. Chester stated
Department of Planning Services staff feels this 11.5-acre parcel should not be split further because the
proposal is contrary to the intent of the Recorded Exemption process and the Agricultural Zone District.
She expressed further concern regarding the flag-lot configuration with multiple users, and stated this
process does not require the applicant to upgrade and maintain the road to County standards.
Commissioner Hall stated the Agricultural Zone District covers a broad range of land types because when
the zoning was established, the classification of lands was sometimes based on the reasoning that
because a parcel is not adjacent to a town it must be agricultural. Ms. Chester stated a majority of the land
along the 1-25 Corridor is prime agricultural land and staff is attempting to preserve that use. She further
stated approval of this request may set a precedent in an already dense area. Ms. Chester reviewed the
surrounding uses.
Chair Kirkmeyer stated she agrees with the concerns presented by staff; however, Condition of
Approval #2.J.4 states approval of this request does not guarantee approval of similar requests in this
area, and it does not appear there is a better use for this property. Commissioner Hall stated the
Conditions of Approval will ensure orderly development. Ms. Chester stated Conditions #2.6 and #2.C
address the access to the parcels. In response to Chair Kirkmeyer, Mr. Marsh stated he has reviewed and
agrees with the proposed Conditions of Approval. In response to Mr. Barker, Mr. Marsh explained three
lots located to the south use the same easement which will access the proposed lots. Mr. Barker indicated
to Mr. Marsh that the other users of the access should be notified of his plan to increase the number of
users because they have a right to object to the additional use. Mr. Barker recommended Condition of
Approval #2.6 be amended to indicate the applicant will be required to provide to the Department of
Planning Services, in writing, a letter or an amendment to the easement, indicating consent from the
current users for use of the easement by the owners of lots A and B. In response to Commissioner Baxter,
Mr. Marsh stated the easement has been recorded.
Commissioner Hall moved to approve Recorded Exemption#2646 for Byron and Yvonne Marsh with the
Conditions of Approval as presented by staff,with an addition to Condition of Approval#2.6 to indicate the
applicant shall be required to provide written proof that the other users of the easement have given consent
for further use of the easement. Seconded by Commissioner Baxter, the motion carried unanimously.
In response to Mr. Marsh, Mr. Barker stated it is important that all of the property owners using the
easement give their consent for further use by new property owners in the area.
(Clerk's Note:After further review by the County Attorney's Office, Conditions of Approval#2.C,#2.E, and
#2.G were also deleted because they do not apply to this case.)
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.
Minutes, February 28, 2000 2000-0492
Page 4 BC0016
There being no further business, this meeting was adjourned at 9:50 a.m.
BOARD OF COUNTY COMMISSIONERS
W D COUNTY, COLO DO
ATTEST: /0011
,J
lIj arbara Kirkmeyer, hair
Weld County Clerk to the Bp d
1861tt � m
_, c
k G ;'Frro-Tem
BY:Deputy Clerk to the Boarrc nu '�4�
cs N m1"� e-AaL
eorg . Baxter/ I
Dale K. Hall
EXCUSED
Glenn Vaad
Minutes, February 28, 2000 2000-0492
Page 5 BC0016
Hello