HomeMy WebLinkAbout20002012.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
AUGUST 21, 2000
TAPE #2000-23
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 21, 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- EXCUSED
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 16, 2000, as printed. Commissioner Geile seconded the motion, and it carried
unanimously.
ADDITIONS TO AGENDA: The following was added under New Business: 2) Consider Application for
License to Conduct Public Dance or Dances - J. Montes, Inc., dba El Rodeo Night Club [2000-2013]
CONSENT AGENDA: Commissioner Hall moved to approve the consent agenda as printed.
Commissioner Geile 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 $956,023.02
Electronic Transfers -All Funds $3,100.86
Commissioner Hall moved to approve the warrants as presented by Mr. Warden. Commissioner Geile
seconded the motion, which carried unanimously.
2000-2012
BC0016
NEW BUSINESS:
CONSIDER RENEWAL APPLICATION FOR TAVERN LIQUOR LICENSE AND AUTHORIZE CHAIR TO
SIGN -J. MONTES, INC., DBA EL RODEO NIGHT CLUB: Bruce Barker, County Attorney, stated Deputy
Nicholas Genova expressed no concerns with this renewal application. Commissioner Geile moved to
approve said application and authorize the Chair to sign. Seconded by Commissioner Vaad, the motion
carried unanimously. Mr. Barker stated the applicant's attorney has indicated they would like to have one
of the conditions removed that was previously placed on the permit. Chair Kirkmeyer stated she does not
feel it would be appropriate to readdress this issue because a motion to approve the renewal application
has already been made. Commissioners Geile and Vaad indicated they made their motion based on the
favorable recommendation of the Sheriff's Office. The matter was not discussed further.
CONSIDER APPLICATION FOR LICENSE TO CONDUCT PUBLIC DANCE OR DANCES-J MONTES,
INC., DBA EL RODEO NIGHT CLUB: Mr. Barker stated this is the annual dance application for J. Montes,
Inc., dba El Rodeo Night Club. Commissioner Hall moved to approve said application. Commissioner
Geile seconded the motion, which carried unanimously.
CONSIDER RESOLUTION RE: ESTABLISHING NEIGHBORHOOD TO BE SERVED, DESIGNATING A
COMMISSIONER TO MAKE AN ON-SITE INSPECTION,AND SETTING HEARING DATE CONCERNING
APPLICATION OF JERRY SAMBER, DBA DEWEYS, FOR A TAVERN LIQUOR LICENSE: Mr. Barker
stated need to establish neighborhood, designate a commissioner to inspect the site and review other
surrounding uses. Chair Kirkmeyer stated the Clerk recommends designating Commissioner Baxter to
inspect and set hearing for September 18, 2000. Commissioner Hall moved to approve said resolution.
The motion, which was seconded by Commissioner Geile, carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES AND AUTHORIZE CHAIR TO SIGN-
ALLISON SHIRLEY FLOT TRUST: Mr. Barker stated the Assessor's Office recommends approval of the
abatement as indicated on the petition. Commissioner Hall moved to approve said petition as
recommended by staff and authorize the Chair to sign. Commissioner Vaad seconded the motion, which
carried unanimously.
CONSIDER TWO PETITION FOR ABATEMENT OR REFUND OF TAXES AND AUTHORIZE CHAIR TO
SIGN - VENDING SERVICES OF COLORADO: Mr. Barker stated the Assessor's Office recommends
approval of both abatements as indicated on the petitions. Commissioner Vaad moved to approve said
petitions as recommended by staff and authorize the Chair to sign. Commissioner Hall seconded the
motion, which carried unanimously.
CONSIDER TEMPORARY ROAD CLOSURE OF WELD COUNTY ROAD 34 BETWEEN WELD COUNT'
ROAD 29 AND U.S. HIGHWAY 85: Commissioner Vaad moved to approve said temporary closure of a
portion of Weld County Road 34. The motion, which was seconded by Commissioner Geile, carried
unanimously.
CONSIDER TASK ORDER FOR COLORADO WOMEN'S CANCER CONTROL INITIATIVE AND
AUTHORIZE CHAIR TO SIGN: Dr. Mark Wallace, Director of Weld County Department of Public Health
and Environment, stated this task order will become part of the master contract to operate the Women's
Cancer Control Initiative for the term beginning August 15,2000,and ending August 14,2001. Dr.Wallace
stated the intent is to increase cancer screening and diagnosis among low-income women, and for these
services the Department will be reimbursed at the Medicare rate. He further stated there has not been a
large number of clients served in the past and the Department would like to increase the amount served.
Commissioner Geile moved to approve said task order and authorize the Chair to sign. Seconded by
Commissioner Hall, the motion carried unanimously.
Minutes, August 21, 2000 2000-2012
Page 2 BC0016
CONSIDER APPLICATION FOR TOBACCO SETTLEMENT FUNDS AND AUTHORIZE CHAIR TO SIGN:
Dr. Wallace stated this is a grant application to receive funding for implementation of a comprehensive
tobacco control program. Dr. Wallace reviewed the various services and programs that will be initiated,
as indicated in his memorandum dated August 17, 2000. He stated the application is requesting
$104,907.00, for the term beginning November 1, 2000, through June 30, 2001. In response to
Commissioner Vaad, Dr. Wallace stated the funding will be dispersed among the various programs.
Commissioner Geile moved to approve said application and authorize the Chair to sign. Seconded by
Commissioner Vaad, the motion carried unanimously.
SECOND 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 Hall moved to read Ordinance #82-V by title only. Commissioner Vaad seconded the
motion, which carried unanimously. Mr. Barker read said title into the record. Mr. Wallace stated since
the first reading, he has been notified by the State Health Department they will soon be able to order and
administer the new pediatric pneumococcal vaccine for children, and he requested this be added to the
fee schedule at a charge of$8.00 for all income codes. No public testimony was offered concerning this
matter. Commissioner Vaad moved to approve Ordinance#82-V on second reading, with the addition of
a vaccine fee as recommended by staff. Seconded by Commissioner Geile, the motion carried
unanimously.
CONSIDER AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST ROGGEN DISPOSAL FOR VIOLATION OF HEALTH REGULATIONS:Trevor Jiricek,
Weld County Department of Public Health and Environment, submitted a memorandum dated August 18,
2000, recommending this matter be continued to October 2, 2000, at the request of the applicant to allow
them adequate time to submit and for staff to review the revised sampling plan. Mr. Jiricek stated both the
State and County Health Departments want the site cleaned and closed in accordance with State
regulations. In response to Chair Kirkmeyer, Mr. Jiricek stated this matter has been unresolved for
approximately three years. Responding to Commissioner Geile, Mr. Jiricek stated there have been no
public complaints regarding the site, it simply needs to be resolved. No public testimony was offered
concerning this matter being continued to October 2, 2000. Commissioner Geile moved to continue this
matter to October 2, 2000, at 9:00 a.m. Commissioner Hall seconded the motion, which carried
unanimously.
PLANNING:
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL
FOR IMPROVEMENTS(PRIVATE ROAD MAINTENANCE)AND ACCEPT FORM OF COLLATERAL FOR
SITE PLAN REVIEW, SPR#324- HOME LUMBER COMPANY: Chris Gathman, Department of Planning
Services, stated on August 3, 2000, the Department of Planning Services received Company Check
#019330 in the amount of $10,000.00 as collateral for the remaining improvements which need to be
completed. He stated the Departments of Public Works and Planning Services recommend approval of
the agreement and have determined that the collateral amount will be sufficient if any repairs are
necessary. In response to Commissioner Geile, Mr. Gathman stated the grass-lined swale will act as a
drainage route for the site. Commissioner Hall moved to approve said agreement and accept the form of
collateral for Site Plan Review #324 for Home Lumber Company, in the amount of $10,000.00. The
motion, which seconded by Commissioner Geile, carried unanimously.
CONSIDER REQUEST TO PRE-ADVERTISE FINAL PLAN, S#525- BEEBE DRAW FARMS, SECOND
FILING, C/O JIM FELL, REI, LLC: Julie Chester, Department of Planning Services,stated the Department
of Planning Services is requesting pre-advertisement of the notice for Final Plan, S #525, on behalf of
Beebe Draw Farms, Second Filing, c/o Jim Fell, REI, LLC, because of the extended amount of time staff
has had the file for review. Ms. Chester explained the Change of Zone was approved in 1984 and since
Minutes, August 21, 2000 2000-2012
Page 3 BC0016
then, many requirements have changed requiring retesting of the site and new comments from referral
agencies. In response to Commissioner Hall, Ms. Chester stated Ms. Mika is planner for this case, and
she was not able to attend today's meeting; however, she did indicate that all of the outstanding have been
addressed and this is scheduled to go to the Planning Commission. Commissioner Hall moved to approve
the request of the Department of Planning Services on behalf of Beebe Draw Farms, Second Filing, do
Jim Fell, REI, LLC,and to set the hearing date for September 13,2000, at 10:00 a.m. Commissioner Geile
seconded the motion, which carried unanimously.
CONSIDER RECORDED EXEMPTION #2779 - LEN AND LORI LINDHOLM: Robert Anderson,
Department of Planning Services, gave a brief description of the location of the site, and stated five of the
six referral agencies responded favorably or suggested conditions of approval be added to the resolution.
He stated the Department of Public Works recommends denial for the reasons detailed in the referral
dated June 22, 2000. Mr. Anderson stated the Department of Planning Services is also recommending
this request be denied for the reasons explained in his Administrative Review. In response to Chair
Kirkmeyer, Mr. Anderson clarified this request is to divide Lot B of Recorded Exemption #1298 into two
lots. Responding to Commissioner Hall, Mr. Carroll stated he is recommending denial because the
applicants are currently accessing their home by crossing another property; however, the legal access is
on the opposite end of the property creating a flagpole configuration to Lot B of the proposal He further
stated his primary concerns are the flagpole configuration and two accesses to the same property. Mr.
Anderson stated the applicants purchased this property as it is currently configured, and access their
residence by crossing an adjacent property. In response to Commissioner Geile, Mr. Anderson stated the
properties adjacent to Weld County Road 80 are predominantly agricultural with two residences not owned
by the applicant. Responding to Commissioner Vaad, Mr. Anderson stated there is record of a perpetual
easement on the east allowing the applicant to access across the neighbor's property. He further stated
they are not currently using the western access proposed across Lot A to access Lot B. In response to
Commissioner Hall, Mr. Anderson stated proposed Lot A would be 21.5 acres and Lot B would be 25
acres. He further stated the two other parcels north of Lot A have already been exempted out and are
owned by two separate parties. In response to Chair Kirkmeyer, Mr.Anderson stated Recorded Exemption
#1298 created the small northwestern lot, known as Lot A and the parcel currently owned by the
applicants, known as Lot B. Mr. Anderson provided an aerial map displaying surrounding properties,
marked Exhibit B, and parcel boundaries. In response to Chair Kirkmeyer Mr. Anderson stated Recorded
Exemption #1298 created Lot A, and the amendment to Recorded Exemption #1298 created the flag
easement. Chair Kirkmeyer clarified a member of the audience indicated Lot B of Recorded Exemption
#267 is five-acres in size.
Lori Lindholm, applicant, explained they are proposing Lot B be accessed by an easement across Lot A,
the entire parcel is 56 acres in size, and it is not very good for agricultural uses. Ms. Lindholm stated the
parcels to the east range from two to fifty acres and are mostly residential. Mr. Lindholm reviewed the
history of how the quarter section was divided,and added this parcel should not be considered agricultural
due to the size and surrounding uses. He further stated they need to sell the 25-acre lot to help resolve
some financial situations. Ms. Lindholm submitted copy of Perpetual Easement, marked Exhibit A, and
added they are willing to build the access according to the Department of Public Works' specifications.
In response to Chair Kirkmeyer, Mr. Lindholm indicated the locations of accesses for other parcels along
Weld County Road 80. Ms. Lindholm stated she also has a letter from the farmer that is currently farming
the land, indicating the land is not very productive. In response to Commissioner Geile, Mr Lindholm
stated they intend to sell Lot B, which will result in one additional house for a total of four houses on the
total 52 acres. Ms. Lindholm stated they would place the building envelope on poor farm ground and leave
the remaining land for agricultural uses. Commissioner Vaad expressed concern regarding the number
of accesses along Weld County Road 80. Ms. Lindholm stated if this is not approved, they may be forced
to sell the entire parcel due to financial difficulties. No public testimony was offered concerning this matter.
Minutes, August 21, 2000 2000-2012
Page 4 BC0016
In response to Commissioner Hall, Mr. Carroll stated the last count taken on Weld County Road 80 was
in 1997 which indicated 49 vehicles per day, and it is a gravel road. Commissioner Geile moved to
approve Recorded Exemption #2779 for Len and Lori Lindholm with the Conditions of Approval as
presented by staff. Commissioner Vaad seconded the motion for purpose of discussion, and stated there
is already a large amount of accesses on this parcel of road and suggested working towards shared
accesses even though there is not a high amount of traffic on Weld County Road 80. In response to
Commissioner Vaad, Mr. Barker stated Condition of Approve #2.F addresses the requirement of joint
access; however, it should be clarified as to where the joint access is located. Commissioner Vaad stated
there is a perpetual easement access already in existence that may be modified to accommodate both Lots
A and B. Mr. Barker stated in order for that suggestion to work, the easement document needs to be
modified to indicate which properties it services. Responding to Commissioner Geile, Mr. Barker stated
as currently proposed,there would be two accesses shown on the plat. Chair Kirkmeyer clarified that there
is only one approved legal access on the west property boundary, which Condition of Approval #2.F
indicates should be shared, and she feels the perpetual easement should be closed. Mr. Lindholm stated
the perpetual easement must remain in place for ditch access, and further stated the property owners to
the east are also willing to close their existing accesses and use the 30-foot perpetual easement
Commissioner Hall expressed concern with altering the application to make this situation work. In
response to Commissioner Hall, Ms. Chester stated the Policy Manual requires a Substantial Change
Hearing prior to reapplying for a Recorded Exemption. Mr. Anderson clarified Condition of Approval#2.F
was written prior to staff's knowledge of the perpetual easement and if approved as proposed, there would
be three accesses on Weld County Road 80 north of this property. Commissioner Vaad stated he will vote
against the motion, even though he seconded because the additional access creates further access
problems. Upon a call for the vote,the motion failed with Commissioner Geile in favor and Commissioners
Kirkmeyer, Hall, and Vaad, opposed.
CONSIDER RECORDED EXEMPTION #2793 - DENNIS AND LINDA ISAKSON: Mr. Anderson gave a
brief description of the location of the site and stated there are currently no improvements. He stated the
surrounding uses are primarily agricultural, and four of six referrals agencies indicated no conflicts with
their interests. Mr. Anderson reviewed staffs reasons for recommending denial as explained in his
Administrative Review. In response to Commissioner Geile, Mr.Anderson stated the only accesses to the
parcel at this time are agricultural accesses since there are no residences on the site.
Dennis Isakson,applicant, indicated the location of existing accesses, and referred to a letter dated July 5.
2000. He explained he and his wife would like to move to this farm and improve the house, which will
require sale of the two corners to provide revenue for the improvements. Mr. Isakson stated he is aware
of increasing development in the area and he would like to keep this land as agricultural. He indicated that
none of his four sons are interested in working this farm and it is very likely that he will sell once he retires.
Mr. Isakson indicated the location of the six wells on his site and reviewed his irrigation procedure. He
stated he sees the potential for division of this area into smaller agricultural lots because there are six
individual wells. Mr. Isakson stated he wants to remain farming as long as possible and there is always
the possibility that the economy will improve; however, currently the assessed value for this site does not
adequately reflect the value of irrigated land that is required to remain in agricultural use due to the
presence of water. Chair Kirkmeyer reviewed the proposed Conditions of Approval should this case be
approved. Mr. Isakson stated the northeastern corner is poor soil and underlaid with shale so it is not
economically viable. No public testimony was offered concerning this matter.
Upon review of the proposed Conditions of Approval, the applicants indicated they are willing to comply
Commissioner Hall moved to approve Recorded Exemption #2793 for Dennis and Linda Isakson with the
Conditions of Approval as recommended by staff. The motion, which was seconded by Commissioner
Geile, carried unanimously.
Minutes, August 21, 2000 2000-2012
Page 5 BC0016
CONSIDER MINOR RESUBDIVISION, S#537 - BILL AND HAZEL METCALF: Mr. Anderson stated this
request is to vacate a portion of Burlington Street and a dedicated alley. He gave a brief description of the
location of the proposed vacation, and stated there are currently no improvements on the site Mr
Anderson stated three of six referral agencies indicated no conflicts with their interests, the Department
of Public Works initially recommended denial of this application, and the Coordinated Utilities Advisory
Committee recommends approval. Mr.Anderson referred to his Administrative Recommendation, marked
Exhibit 2, indicating staffs reasons for approval. In response to Commissioner Hall, Mr. Anderson stated
Condition of Approval #4 has been met because there is an agreement in place.
Bill Metcalf, applicant, stated he has reviewed and agrees with the Conditions of Approval as presented
by staff. In response to Mr. Barker, Mr. Anderson stated he has not been able to contact Mr. Glenn,
adjacent property owner. He explained the applicant needs the additional room to meet setback
requirements, as he intends to build a large home to accommodate his family. Mr. Metcalf stated Mr
Glenn verbally indicated he is willing to combine lots 17 through 31 into a single lot. In response to
Commissioner Hall, Mr. Carroll stated the Department of Public Works requested Condition of Approval
#4 be added to prevent Lots 28 through 31 being sold and not having sufficient access due to this vacation.
Mr. Anderson stated Third Street does not physically exist. No public testimony was offered concerning
this matter.
Commissioner Hall stated he agrees with the recommendation of the Department of Public Works, and
he feels the Conditions of Approval, will adequately address this situation. Commissioner Hall moved to
approve Minor Resubdivision, S #537, for Bill and Hazel Metcalf with the Conditions of Approval as
recommended by staff, and delete Condition of Approval #4 and renumbering subsequent conditions
Seconded by Commissioner Geile, the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent:
agenda. Ordinance #82-V was approved on second 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 10:40 a.m.
BOARD OF COUNTY COMMISSIONERS
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Minutes, August 21, 2000 2000-2012
Page 6 BC0016
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