HomeMy WebLinkAbout20000140 RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JANUARY 17, 2000
TAPE #2000-01
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, January 17, 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
READ ORDINANCE BY TAPE:
FIRST READING OF ORDINANCE NO. 69-B BY TAPE: Commissioner Hall moved to read
Ordinance#69-B by tape. The motion,which was seconded by Commissioner Vaad,carried unanimously.
MINUTES: Commissioner Baxter moved to approve the minutes of the Board of County Commissioners
meeting of January 12, 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, January 12, 2000, as follows: 1) A Site Specific Development Plan and Special Review
Permit #1248, Eagle Claw Fishing Education Center, c/o Shannon Weber, Design Concepts.
Commissioner Geile 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 Vaad seconded the motion, and it carried unanimously.
PUBLIC INPUT: There was no public input.
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WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $810,256.87
Electronic Transfers -All Funds $376.32
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 PURCHASE OF PROPERTY FOR CERTAIN IMPROVEMENTS TO
WELD COUNTY ROAD 6, ACCEPTANCE OF DEED OF DEDICATION, AND AUTHORIZE CHAIR TO
SIGN - CAMAS COLORADO, INC.: Frank Hempen, Jr., Director of Public Works, stated under this
agreement the Weld County Department of Public Works will rebuild and improve Bridge 6/25B along Weld
County Road 6, and purchase the necessary property for$500.00. Commissioner Hall moved to approve
said agreement, accept said deed of dedication, and authorize the Chair to sign. Seconded by
Commissioner Vaad, the motion carried unanimously.
CONSIDER REQUEST TO REDUCE SPEED LIMIT ON WCR 21 BETWEEN WCRS 2 AND 4: Mr.
Hempen stated following study of this roadway most of the traffic is traveling at approximately 45 MPH.
Commissioner Baxter moved to approve the request to reduce said speed limit on Weld County Road 21
between Weld County Roads 2 and 4 to 45 MPH. Seconded by Commissioner Vaad, the motion carried
unanimously.
CONSIDER APPOINTING PROXY FOR FULTON IRRIGATING DITCH COMPANY ANNUAL MEETING
AND AUTHORIZE CHAIR TO SIGN: Commissioner Hall moved to appoint Frank Hempen, Jr., Director
of Public Works, as proxy for the Fulton Irrigating Ditch Company annual meeting and authorize the Chair
to sign. Seconded by Commissioner Geile, the motion carried unanimously.
CONSIDER RESOLUTION RE: ESTABLISH WELD COUNTY HEAD START PARENT POLICY COUNCIL
REVOLVING FUND CHECKING ACCOUNT: Mr.Warden stated a revolving fund checking account needs
to be established for the Head Start Parent Policy Council in accordance with Federal regulations.
Commissioner Vaad moved to approve said resolution. The motion, which was seconded by
Commissioner Baxter, carried unanimously.
CONSIDER RESOLUTION RE: ESTABLISH WELD COUNTY MIGRANT HEAD START PARENT POLICY
COUNCIL REVOLVING FUND CHECKING ACCOUNT: Mr. Warden stated this item falls under the same
regulations as the previous matter. Commissioner Vaad moved to approve said resolution. The motion,
which was seconded by Commissioner Geile, carried unanimously.
CONSIDER LICENSE AND EXCHANGE AGREEMENT FOR GEOGRAPHIC DATA AND AUTHORIZE
CHAIR TO SIGN-TOWN OF BERTHOUD: Bruce Barker, County Attorney, stated this agreement allows
the Town of Berthoud access to Weld County orthophotography, digital planimetric data, and parcel and
soils data, and includes an exchange provision requiring the Town to provide certain information to Weld
County as listed on page three. Commissioner Baxter moved to approve said agreement and authorize
the Chair to sign. Seconded by Commissioner Vaad, the motion carried unanimously.
CONSIDER MEMORANDUM OF UNDERSTANDING FOR ST. VRAIN VALLEY TRAILS PROJECT AND
AUTHORIZE CHAIR TO SIGN: Anne Best Johnson, Department of Planning Services, stated this
memorandum of understanding details the type of work and assistance that will be provided to Weld
Minutes, January 17, 2000 2000-0140
Page 2 BC0016
County by the Colorado State University Cooperative Extension on the St. Vrain Valley Trail Project.
Commissioner Hall moved to approve said memorandum of understanding and authorize the Chairto sign.
Seconded by Commissioner Geile, the motion carried unanimously.
CONSIDER AGREEMENT FOR DISPATCH SERVICES AND AUTHORIZE CHAIR TO SIGN - BANNER
HEALTH SYSTEM, OPERATOR OF NORTH COLORADO MEDICAL CENTER: Mr. Warden stated this
is the annual agreement which will provide reimbursement to Weld County for the dispatch position within
the Weld County Communications Center. Commissioner Baxter moved to approve said agreement and
authorize the Chair to sign. Seconded by Commissioner Geile, the motion carried unanimously.
CONSIDER AUTHORIZATION FOR WELD COUNTY TREASURER TO CANCEL COUNTY TAX LIEN
SALE CERTIFICATE: Mr. Barker stated Art Willis, Weld County Treasurer, requesting cancellation of Tax
Lien Sale Certificate No. 9/94 as described in his letter dated January 4, 2000. Mr. Barker stated in this
situation there were two different certificates on the same property for two different years. Commissioner
Vaad moved to authorize the Weld County Treasurer to cancel County Tax Lien Sale Certificate No. 9/94.
Commissioner Hall seconded the motion, which carried unanimously.
CONSIDER PROCESS FOR ASSIGNING ALLOCATION RECEIVED FOR PRIVATE ACTIVITY BONDS
PROVIDED BY STATE DIVISION OF HOUSING: Mr. Warden stated State statute provides for allocation
to Weld County based on the population threshold to be used for private activity bonds, which are tax
exempt and can be used for housing or for-profit organizations. He stated Weld County has not received
an allocation in past years because the population threshold did not justify an allocation. Mr. Warden
stated Weld County will receive $1,021,000.00, and explained the process for assigning allocation
amounts. Commissioner Hall moved to approve process for assigning allocations received for private
activity bonds provided by the State Division of Housing. Commissioner Vaad seconded the motion, and
it carried unanimously.
CONSIDER ASSIGNMENT OF ALLOCATION FOR PRIVATE ACTIVITY BONDS PROVIDED BY STATE
DIVISION OF HOUSING AND AUTHORIZE CHAIR TO SIGN: Mr. Warden stated the State allocation as
discussed in the previous matter has been requested to be divided among the Town of Platteville for the
Rocky Mountain Milling project,Town of Milliken for the Kanbuild Building project,and the Longmont Dairy
Expansion within Weld County. In response to Commissioner Geile, Mr. Warden stated any entity within
the County can apply for allocations. Commissioner Baxter moved to approve said assignment and
authorize the Chair to sign. Seconded by Commissioner Geile, the motion carried unanimously.
CONSIDER APPOINTMENT AND REAPPOINTMENT TO NORTH COLORADO MEDICAL CENTER
BOARD OF TRUSTEES: Commissioner Hall moved to appoint Carole Anderson and reappoint Susan
Carter to the North Colorado Medical Center Board of Trustees with terms to expire January 14, 2003.
Commissioner Vaad seconded the motion, which carried unanimously.
CONSIDER CORRECTION OF LEGAL DESCRIPTION ON RESOLUTION #981214: Mr. Barker stated
on July 6, 1998,the Board approved a resolution vacating a portion of Weld County Road 62.25; however,
there was an error in the legal description. He stated this resolution will void the previous resolution
approved July 13, 1998, as well as state the reason for the correction. Commissioner Vaad moved to
approve said resolution. Seconded by Commissioner Baxter, the motion carried unanimously.
FIRST READING OF ORDINANCE NO.69-B, IN THE MATTER OF THE REPEAL AND RE-ENACTMENT
OF ORDINANCE NO.69-A AMENDING THE COUNTY DEVELOPMENT REVENUE BOND POLICY: Mr.
Warden stated this Ordinance will amend Section 1.2 of Ordinance#69-A, which has been effect since
1980. Mr. Warden read Section 1.2 into the record and stated the provision is no longer relevant. No
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Page 3 BC0016
public testimony was offered concerning this matter. Commissioner Hall moved to approve
Ordinance #69-B on first reading. Seconded by Commissioner Geile, the motion carried unanimously.
PLANNING:
CONSIDER RECORDED EXEMPTION #2624 - MARK MADSEN: Anne Best Johnson, Department of
Planning Services,gave a brief description of the location of the proposed Recorded Exemption and stated
on November 2, 1999, three Recorded Exemption applications were submitted for Kenneth, Matthew and
Mark Madsen; however, staff expressed concerns regarding the applications in a letter dated
December 20, 1999. Ms. Johnson stated the application of Kenneth Madsen was withdrawn on
December 21, 1999, and staff later approved Recorded Exemption#2626 for Matthew Madsen, and due
to concerns regarding the application of Mark Madsen, staff is presenting this case before the Board. Ms.
Johnson stated this application will create the sixth building site within the east half of Section 15, outside
of an urban growth boundary, which appears to evade the intent of the Recorded Exemption process. Ms.
Johnson referred to a letter dated December 29, 1999, from the Department of Public Works, marked
Exhibit A, expressing concerns regarding the acceptance of Weld County Road 57 for County
maintenance. In response to Commissioner Hall, Ms. Johnson stated the proposed lots are approximately
70 and 10 acres in size. Responding to Commissioner Baxter, Ms. Johnson displayed an overhead
indicating other land uses within the area and stated immediate area is not farmed; however, it is primarily
used for pastures and grassland. Responding to Commissioner Geile, Ms.Johnson stated the two 80-acre
parcels to the south applied for Recorded Exemptions, however, the application of Kenneth Madsen was
withdrawn, and the four lots located to the east, and the lot to the north have not applied for Recorded
Exemptions. Ms. Johnson stated staff approved RE#2626 for Matthew Madsen on October 5, 1999.
Kenneth Madsen spoke on behalf of Mark Madsen, and stated the land is not prime farmland; however,
it is very nice for rural living. He explained the northern 80-acres was sold to Jerry and Patricia Feather,
they have already made improvements to Weld County Road 57 which was previously a private lane.
Mr. Madsen asked what amount of lots would ultimately be allowed in a half section. Ms. Johnson stated
the Minor Subdivision process allows for 5 or fewer residential lots outside of an urban area,which typically
consists of ranchette type development. Ms. Johnson stated the Department of Public Works has
expressed concern with the impact to local roads. Mr. Madsen stated the condition of the roads in the
future can be corrected through contributions made by each of the adjacent property owners if necessary.
In response to Mr. Madsen's questions, Chair Kirkmeyer stated there is a not set number allowed within
a Section; the amount is determined on a case-by-case basis depending on the location and surrounding
uses. She further stated there are clear guidelines which must be followed and implemented for
development. Mr. Madsen expressed concern with the lack of solid information for applicants to follow.
In response to Commissioner Baxter, Ms. Johnson stated the west half of Section15 was within one
ownership until September 1999. She further stated there are a single residences on the parcels to the
east, the parcel owned by Matthew Madsen is accessed from Weld County Road 18 and the others would
be accessed by Weld County Road 57. In response to Commissioner Baxter, Mr. Madsen stated, as
proposed,the smaller lot will be sold for rural residential dwellings, and indicated Minor Subdivisions cluster
the residences closer together, which contradicts his idea of providing a rural setting. He stated the only
negative impact would be to service providers; however, staff did not receive negative referral responses.
In response to Commissioner Geile, Mr. Madsen stated one well is allowed for each 40 acres, public water
from the Town of Keenesburg is at least 1.5 miles away and does not seem to be available which would
create a problem if this development were to be done through the minor subdivision process. In response
to Commissioner Baxter, Ms. Johnson stated Sheble McConnellogue indicated the sandy soil in the area
is well suited for individual septic systems. In response to Commissioner Geile, Mr. Hempen stated there
is only 30 feet of right-of-way for Weld County Road 57; 15 feet on either side of the section line and a total
of 60 feet of right-of-way is needed. He explained the additional right-of-way would need to be obtained
from surrounding property owners and the right-of-way would need to be brought to County standards
before it would be considered for County maintenance. Mr. Hempen referred to a letter he sent to Mr.
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Page 4 BC0016
Madsen dated December 29, 1999, regarding obtaining right-of-way. In response to Commissioner Baxter,
Mr. Hempen stated the applicant has requested this road be accepted and maintained by the County;
however, he explained the road can be allowed through a non-exclusive license agreement, which would
not be maintained by the County and would not require 60 feet of right-of-way. Mr. Madsen stated it would
be difficult to guarantee dedication of right-of-way along the property owned by Mr. and Mrs. Feather;
however, he is willing to dedicate necessary right-of-way along three southern parcels west of the section
line. Mr. Hempen explained the purpose and qualifications for a License Agreement versus accepting a
road for County maintenance. Mr. Madsen stated he would be willing to contact the eastern property
owners to get the necessary right-of-way on the east, and added that at this point, the existing road is
considered a private line. In response to Commissioner Geile, Ms. Johnson stated Condition of
Approval#3 needs to be amended or deleted if the road is accepted for County maintenance. Mr. Barker
stated the previous license agreement granted to Matthew Madsen can be amended to extend along the
northern properties. Commissioner Hall commented a license agreement makes more sense at this time
because the adjacent property owners to the east have not been contracted. In response to Commissioner
Hall, Mr. Madsen stated he has reviewed and agrees with the proposed Conditions of Approval.
Commissioner Hall stated Conditions of Approval#4 and#5 may not be necessary if there is public right-
of-way. In response to Mr. Barker, Mr. Hempen stated if a license agreement is used, this condition is no
longer necessary. In response to Mark Madsen, Chair Kirkmeyer reviewed the proposed Conditions of
Approval.
Commissioner Hall moved to approve Recorded Exemption#2624 for Mark Madsen with the Conditions
of Approval as presented by Department of Planning Services staff,with the deletion of Conditions#4 and
#5 and renumbering the following items. In response to Commissioner Hall, Mr. Barker suggested rather
than amending Condition #3; amend the Non-exclusive License Agreement already held by Matthew
Madsen to include the portion of road along all three parcels. Commissioner Baxter seconded the motion.
Commissioner Vaad commented the school referral indicated no concerns with the roads in its referral;
however, the conditions have been adjusted so that a bus cul-de-sac is no longer an option. Chair
Kirkmeyer stated she is opposed to the motion because she agrees with staff's comments in that the
applicant has not demonstrated compliance with Sections 11.5 or 1.3 of the Weld County Subdivision
Ordinance, and added it appears the applicant's intent is to create an urban development within the
Agricultural Zone District. (Switched to Tape#2000-02) She stated there is a better process for this type
of development. Commissioner Hall stated this is not a typical agricultural area, and added that this does
not qualify as urban development. Commissioner Baxter commented the intent of the Recorded Exemption
process is to protect agricultural land and stated that because there is not a set number of residences
allowed within a Section, the Board will have to make a determination as to whether the next will be too
much development. The motion carried four to one with Chair Kirkmeyer opposed.
CONSIDER RECORDED EXEMPTION #2578 - BOYD MEYER:
CONSIDER SUBDIVISION EXEMPTION#789, IN CONJUNCTION WITH A RECORDED EXEMPTION-
BOYD MEYER:
CONSIDER AMENDED RECORDED EXEMPTION#1870-BOYD MEYER:These three items of business
were discussed as follows:
Chair Kirkmeyer called all three requests of Boyd Meyer to order. Eric Jerman, Department of Planning
Services, gave a brief explanation of this request in conjunction with the two following items, and stated
staff does not have concerns with Amended Recorded Exemption #1870. Mr. Jerman displayed a map
indicating the proposed change to the existing boundary line, as well as the proposed boundaries for
Subdivision Exemption #789 and Recorded Exemption #2578. He stated approval of the parcels as
proposed will create island lots and potentially evade the intent of the Weld County Subdivision Ordinance.
In response to Commissioner Baxter, Mr. Jerman stated Recorded Exemption #2578 currently has two
homes on it and Subdivision Exemption #789 will divide off one of the homes as a sellable lot
Minutes, January 17, 2000 2000-0140
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approximately 2.5 acres in size. In response to Commissioner Hall, Mr. Jerman stated a Subdivision
Exemption is commonly used for financial purposes; however, they can also be used to divide off an extra
house within a property and it has to be done in conjunction with a Recorded Exemption as in this case.
In response to Commissioner Vaad, Mr. Jerman stated Amended Recorded Exemption#1870 is accessed
from the north along the section line which is proposed to be located within Amended Recorded
Exemption #1870.
Steve Stencil, Intermill Land Surveying, represented the applicant and stated Mr. Meyer resides on
Amended Recorded Exemption #1870 and the additional ten acres of the amendment will allow for a
buffer between his home and any future development on the property to the east. He stated one of the
existing homes will remain on Lot A of Recorded Exemption #2578 and the other will be split off through
Subdivision Exemption#789. Mr. Stencil stated the island lot configuration has resulted from many of the
residents in the area locating their homes along the Greeley No. 2 Canal. Mr. Stencil stated the existing
homes are very good quality, have utilities, and Lot B of Recorded Exemption #2578 will be the only lot
requiring the installation of utilities, which will be the responsibility of the future owner. Mr. Stencil further
stated this configuration of lots will only add one lot to what is already existing. In response to
Commissioner Hall, Mr. Stencil stated the applicant already owns the land which will be included in the
amendment of Recorded Exemption #1870, and the reconfiguration will allow for better utilization of the
land. In response to Commissioner Hall, Mr. Stencil indicated the configuration of the original lots for
Recorded Exemption #1870. Commissioner Hall stated he has concerns with allowing a Subdivision
Exemption, as well as the creation of a buildable lot. In response to Commissioner Baxter, Mr. Stencil
stated Lot A of Recorded Exemption #2578 will remain agricultural.
Boyd Meyer, applicant, responded to Commissioner Baxter stating the existing houses are located slightly
different than indicated on staff's overhead map and added it does not make sense to have the proposed
Subdivision Exemption house as part of Lot B because it is physically separated by a concrete ditch. In
response to Commissioner Baxter, Mr. Meyer stated Amended Recorded Exemption#1870, Subdivision
Exemption#789, and Lot A of Recorded Exemption#2578 will be accessed from Highway 392 to the north
and Lot B will accessed from the south. No public testimony was offered concerning these matters. In
response to Chair Kirkmeyer, Mr. Meyer stated he has reviewed and agrees with the Conditions of
Approval for Amended Recorded Exemption #1870.
Commissioner Hall moved to approve Amended Recorded Exemption #1870 with the Conditions of
Approval as proposed by Department of Planning Services staff. Commissioner Geile seconded the
motion, which carried unanimously.
In response to Commissioner Baxter, Mr. Jerman stated staff is requesting a 30-foot joint access easement
from State Highway 392 to be placed on the plat to provide access to Subdivision Exemption#789 because
there is not a public right-of-way. Responding to Commissioner Hall, Mr. Jerman stated there is an access
road to access to existing homes; however, since approval of Amended Recorded Exemption#1870,there
is still the need for a joint access easement.
Commissioner Geile moved to approve Recorded Exemption #2578 with the Conditions of Approval as
presented by Department of Planning Services staff. Commissioner Baxter seconded the motion. In
response to Chair Kirkmeyer, Mr. Meyer stated he has reviewed and agrees with the Conditions of
Approval for Recorded Exemption#2578. Mr. Jerman stated the access sheet used for referral purposes
for Recorded Exemption #2578 did not indicate an access from Weld County Road 66 from the south for
Lot B, therefore, there will need to be an additional Condition of Approval regarding access to Lot B from
the south. Commissioners Geile and Baxter agreed to amend the motion. In response to Chair Kirkmeyer,
Mr. Meyer stated if Subdivision Exemption#789 is not approved the property boundary should include the
second house in Lot B; however, it will be difficult to access from the south without constructing a road over
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Page 6 BC0016
the concrete ditch. In response to Chair Kirkmeyer, Mr. Meyer stated both houses can currently be
accessed from the south. In response to Chair Kirkmeyer, Mr. Meyer reviewed the location of existing
accesses to the houses. Commissioner Hall reviewed the options for accessing the house within Lot B
if the Subdivision Exemption is not approved. Following discussion regarding the order of making a motion
for each matter, Commissioners Geile and Baxter withdrew the motion to approve Recorded Exemption
#2578, to allow discussion of Subdivision Exemption #789.
Commissioner Hall moved to deny Subdivision Exemption#789 for Boyd Meyer. Commissioner Baxter
seconded the motion. Commissioner Hall stated this division does not make sense because it will create
an island lot. Commissioner Baxter stated there are other alternatives for separating the homes and not
creating an additional building lot. The motion carried unanimously.
Commissioner Geile moved to approve Recorded Exemption #2578 with the Conditions of Approval as
presented by Department of Planning Services staff, with the addition of a Condition to allow for access
to Lots A and B from the south, add a Condition allowing for the reconfiguration of Lots A and B due to the
denial of Subdivision Exemption#789 to indicate that each lot will include only one of the existing homes.
In response to Commissioner Baxter, Mr. Jerman stated Condition of Approval#2.H will allow for access
to the house on Lot B from the north. Chair Kirkmeyer commented that staff should be directed to amend
the Conditions of Approval as necessary to reflect the denial of Subdivision Exemption #789.
Commissioners Geile and Baxter agreed. In response to Commissioner Vaad, Mr. Jerman stated the
Conditions of Approval do not prevent the applicant from relocating the homes. The motion carried
unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. Ordinance #69-B 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 11:20 a.m.
BOARD OF COUNTY COMMISSIONERS
W D COUNTY, COLQRADO
ATTEST: AAd
arbara J. rkmeyer, Chair
Weld County Clerk to th oa e' ,
1661
O M. J. Geile, Pro-Tem
BY:
Deputy Clerk to the
Geor E. Baxter
c\--M/6O1,4
Dale K. Hall
AAn1t Uge4,59
Glenn Vaad
Minutes, January 17, 2000 2000-0140
Page 7 BC0016
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