HomeMy WebLinkAbout981562.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
AUGUST 26, 1998
TAPE #98-22
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 26, 1998, 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 Constance L. Harbert, Chair
Commissioner W. H. Webster, Pro-Tem
Commissioner George E. Baxter
Commissioner Dale K. Hall
Commissioner Barbara J. Kirkmeyer
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Esther E. Gesick
Comptroller, Claud Hanes
MINUTES: Commissioner Hall moved to approve the minutes of the Board of County
Commissioners meeting of August 24, 1998, as printed. Commissioner Baxter
seconded the motion, and it carried unanimously.
ADDITIONS TO
AGENDA: There were no additions to the agenda.
CONSENT AGENDA: Commissioner Hall moved to approve the consent agenda as printed.
Commissioner Webster seconded the motion, and it carried unanimously.
COMMISSIONER
COORDINATOR
REPORTS: There were no Commissioner Coordinator Reports.
PUBLIC INPUT: There was no public input.
WARRANTS: Claud Hanes, Comptroller, presented the following warrants for approval by the
Board:
All Funds $203,142.77
Commissioner Webster moved to approve the warrants as presented by Mr.
Hanes. Commissioner Baxter seconded the motion, which carried unanimously.
981562
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BIDS: PRESENT TRANSPORTATION INFRASTRUCTURE BID - FINANCE
DEPARTMENT: Pat Persichino, Director of General Services, presented the
three bids received. Said bids will be considered for approval on Wednesday,
September 9, 1998. In response to Commissioner Kirkmeyer, Mr. Persichino
stated they will be interviewing the vendors.
APPROVE COURTHOUSE SECURITY BID - FINANCE DEPARTMENT: Mr.
Persichino recommended acceptance of the second low bid from Hatton
Industries Inc., in the amount of$5,766.67. He stated this bid is comparable to
the low bid in price, in the past this company's repair work has saved the County
thousands of dollars, they provide licensed employees in a timely manner, and
they are recommended by the Weld County Sheriff's Office. Commissioner
Baxter moved to approve said bid. Seconded by Commissioner Hall, the motion
carried unanimously.
BUSINESS:
NEW: CONSIDER AGREEMENT FOR IMPROVEMENTS TO WELD COUNTY ROAD
78 AND AUTHORIZE CHAIR TO SIGN - JAKE HIRSCH III, DBA HIRSCH
DAIRY: Lee Morrison, Assistant County Attorney, explained this agreement is
required by Use by Special Review Permit (USR)#1091. Under the terms of this
agreement, Hirsch Dairy will pay one-half of the cost for culvert improvements
in the amount of $1,145.92. Commissioner Hall moved to approve said
agreement and authorize the Chair to sign. Seconded by Commissioner
Webster, the motion carried unanimously.
CONSIDER CANCELLATION OF FINANCIAL ASSURANCE AGREEMENT,
RELEASE FINANCIAL ASSURANCES, ACCEPT STATE ASSURANCE AND
AUTHORIZE CHAIR TO SIGN - WASTE MANAGEMENT DISPOSAL
SERVICES OF COLORADO, INC.: Mr. Morrison explained the Financial
Assurance Agreement was approved in 1990 for Waste Services Corporation.
At that time, the County was anticipating the State Financial Assurance
mechanism to replace the County Assurance for closure and postclosure care
of the facility. In response to Chair Harbert, he explained that the deadline for
the State to have its Financial Assurance program in place was extended three
different times and was not completed until April 9, 1997. Mr. Morrison indicated
Trevor Jiricek, Weld County Health Department representative, has reviewed
and is satisfied with the State Assurance Plan. Commissioner Hall moved to
cancel said agreement, release financial assurance, and accept the State
assurance. Seconded by Commissioner Webster, the motion carried
unanimously.
PLANNING: CONSIDER RE #2291 - D AND NANCY VROOMAN: Scott Ballstadt,
Department of Planning Services representative, stated this request is for a
Recorded Exemption (RE) on Lot B of Amended RE #659. Mr. Ballstadt gave
a brief description of the location of the proposal and recommended denial due
to evasion of the intent of the Recorded Exemption process and inconsistency
with the intent of the A (Agricultural) Zone District. He stated the applicant is
requesting division of a parcel which has been involved in two previous recorded
exemptions. Mr. Ballstadt stated this will be the eighth request for a recorded
exemption in the east half of Section 29, two of which were denied. He further
stated the proposed exemption is 70 acres less than the minimum lot size
requirement. Mr. Ballstadt explained the history of how the southeast quarter of
Minutes, August 26, 1998 981562
Page 2 BC0016
Section 29 was divided and stated the proposal will split Lot B of Amended RE
#659 into two lots of four acres, and five and one half acres. He stated this
proposal does create a flag lot; however, the easement is in place for the existing
parcels, and he expressed concern over setting a precedence for other
Recorded Exemption applications from surrounding parcels. In response to
Commissioner Baxter, Mr. Ballstadt stated the surrounding area is agricultural
land with large residential acreages.
Nancy Vrooman, applicant, submitted a packet of exhibits, marked Exhibit A, and
gave a brief description of her agricultural background. She stated this area is
agriculturally zoned; however, it is not prime farmland and referred to Exhibit#1
of her packet. She stated they have owned the property for 15 years and added
it is dryland grass and sage because there is no irrigation water with the property.
Ms. Vrooman indicated a soil survey, marked Exhibit#2, and explained this land
is only suitable for grazing when combined with supplemental feeding. She also
referred to Exhibit#3, indicating the proposal is located within Kersey's Urban
Growth Boundary, and read a portion of Kersey's Comprehensive Plan for the
record. Ms. Vrooman stated they have not proposed a flag lot, and the lots will
share a common and existing access easement off Weld County Road 53. She
further stated a 30-foot access easement will be dedicated on the recorded plat
and the two properties to the west have access rights to the existing access,
therefore, no new accesses will be created. Ms. Vrooman stated utilities are
accessible from Weld County Road 53, and the four-acre parcel meets the
requirement for a septic system. She referred to Exhibit#4-A of her packet and
indicated there are four other recorded exemptions in the surrounding area which
have been approved and did not meet the minimum lot size requirement.
Exhibits #5, #6, and #7 of Ms. Vrooman's packet are referrals from the Platte
Valley School District, RE-7, the Town of Kersey, and the Platte Valley Fire
Protection District, each expressing no concerns with the proposal. In response
to Commissioners Baxter and Kirkmeyer, Ms. Vrooman stated there is a house
on the western lot, and the school district did not require an impact fee; however,
this will be addressed when building permits are issued. In response to
Commissioner Kirkmeyer, Mr. Ballstadt stated proposed RE #1030 was denied
in 1987 and proposed RE #860 was denied in 1986. Responding to
Commissioner Webster and Chair Harbert, Ms.Vrooman stated the property has
access to Central Weld Water and added she provided a letter stating there is
a tap on the western lot which can be accessed by the four-acre lot. In response
to Commissioner Baxter, Mr. Ballstadt gave the dates the surrounding
exemptions were either approved or denied.
Jackie Johnson, representative, submitted a criteria checklist, marked Exhibit B.
In response to Commissioner Kirkmeyer, Mr. Ballstadt stated without an
Intergovernmental Agreement with the Town of Kersey, the County does not
recognize the Urban Growth Boundary as presented by the applicant. In
response to Commissioner Baxter, Ms.Vrooman stated Exhibit#3 is dated 1998,
from Kersey's current Comprehensive Plan. Responding to Commissioner Hall,
Ms. Vrooman stated she did not speak with the Town of Kersey regarding the
possibility of annexation of this parcel. Richard Sitzman, representative, stated
he was present at the Kersey Board meeting and they recommended the
applicant meet the guidelines in the County Recorded Exemption process and
unanimously approved the proposal. In response to Chair Harbert, Mr. Sitzman
clarified the proposal is located one mile from Kersey. There was no public input
concerning this matter.
Minutes, August 26, 1998 981562
Page 3 BC0016
Commissioner Hall commented that the two lots will be required to use a shared
access regardless of whether they enter from an easement or an access from
Weld County Road 53. Ms.Vrooman added the access easement already exists
and is being used by the parcels to the west, and there is a school bus stop. In
response to Commissioner Kirkmeyer, Ms. Vrooman stated the property owners
maintain the access. Responding to Mr. Barker, Ms. Vrooman stated there is a
written easement agreement on the original plat of RE#659 with the property
owners to the west. Mr. Barker stated there needs to be a record that the
easement will be used by both lots. Ms. Vrooman stated she signed a document
stating once the parcel is split she will consent to the new property owner using
the easement. Ms. Vrooman submitted a map of Amended Recorded
Exemption #659 into the record, marked Exhibit C. Mr. Sitzman clarified the
existing easement to the north accesses Amended RE#659 and the parcels to
the west. He further stated there is not a written maintenance agreement;
however, the various property owners have maintained the access for the past
fifteen years. In response to Commissioner Kirkmeyer, Ms. Vrooman stated she
has reviewed, and is in agreement with, the Conditions of Approval. Mr. Barker
suggested changing the word "direct" to "additional", and deleting the last
sentence in Condition#2.B. He further recommended changing Condition #2.C
to state, "The joint access easement shall be clearly shown on the plat and
dedicated for the use as shown utilizing the language in Section 11.7.1.12.5 of
the Weld County Subdivision Ordinance."
Commissioner Kirkmeyer moved to approve Recorded Exemption#2291 with the
Conditions of Approval as presented by staff with the amendments to #2.B and
#2.C as proposed by the County Attorney. Commissioner Hall seconded the
motion, which carried unanimously.
CONSIDER RE #2285 - RORY AND CATHERINE GOSCHA: Eric Jerman,
Department of Planning Services representative, submitted a referral from CDOT
dated August 18, 1998, marked Exhibit A, and gave a brief description of the
location of the proposed Recorded Exemption. He recommended denial due to
evasion of the intent of the Recorded Exemption process and inconsistency with
the intent of the A (Agricultural) Zone District. Mr. Jerman stated there are eight
existing lots creating the potential for eight additional lots in the Northwest
quarter of Section 19 if they are split. He further stated this request proposes a
flaglot configuration with a shared access onto State Highway 56, and this
proposal is 71 acres less than the minimum lot size. In response to
Commissioners Kirkmeyer and Baxter, Mr. Jerman stated the lots in the
northeast quarter of Section 19 were approved prior to zoning in 1965, and there
are houses on each of the lots bordering Highway 56; however, he is not aware
of a house on the 20-acre parcel to the south.
Rory Goscha, applicant, submitted an aerial map of the Town of Berthoud's
Planning Area, marked Exhibit B. Mr. Jerman clarified the County does not have
an Intergovernmental Agreement with the Town of Berthoud concerning their
Urban Growth Boundary; therefore, it is not recognized by Weld County. In
response to Commissioner Baxter, Mr. Goscha stated there is a high pressure
sewer line which will service the corridor along Interstate 25; however, it will not
service the area between Berthoud and 1-25. He further stated the proposed lot
will use the existing driveway, and added parcel #047 to the east has already
been split and there is a house on each lot. Mr. Goscha stated he has spoken
Minutes, August 26, 1998 981562
Page 4 BC0016
with the Town of Berthoud and they have indicated they are planning to leave the
space between the Town and his proposal undeveloped as open space. He is
proposing to leave the eight acres between the two properties as a common
pasture. He further clarified there is a house located on the twenty acre parcel,
and there are only four properties left to be split because the other properties
have a house located in the middle making them difficult to split. Mr. Goscha
stated the Berthoud Fire Protection District, Water District, and the Town of
Berthoud have reviewed this proposal and expressed no concerns. Responding
to Commissioner Webster, Mr. Goscha stated there are two shares of water on
this property from Lake Loveland which will be split one share per parcel. In
response to Chair Harbert and Commissioner Kirkmeyer, Mr. Goscha stated he
is willing to indicate a building envelope on the plat, and added the school bus
stops on Highway 56 in front of his property. Commissioner Kirkmeyer
expressed concern with a traffic hazard and the danger of buses stopping on
Highway 56 which accommodates 2,000 vehicles per day, according to a 1995
traffic study. Responding to Chair Harbert and Commissioner Kirkmeyer, Mr.
Goscha stated there is a wide shoulder for the bus to pull onto on and it would
be difficult to construct a bus pull-out due to a deep burrow ditch which runs
along the Highway. He stated he has owned the property for ten years, and his
children go to school in Berthoud. Mr. Jerman stated a referral was sent to the
wrong school district and was not resent to the correct district. There was no
public input concerning this matter.
Mr. Jerman submitted Conditions of Approval for the Board's consideration. Mr.
Barker stated the second sentence of Condition #2.B does not apply since the
applicant owns both lots and is covered by the dedication on the plat and
recommended deleting that sentence.
Commissioner Hall moved to approve Recorded Exemption #2285 with the
Conditions of Approval as submitted by staff with the deletion of the second
sentence of Condition #2.B and Condition #2.D which was submitted as
evidence. Commissioner Baxter seconded the motion, which carried four to one,
with Commissioner Kirkmeyer opposed to the motion.
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, August 26, 1998 981562
Page 5 BC0016
There being no further business, this meeting was adjourned at 10:15 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: 1 r �r „%/i► t�'�jS.�ie�c�t�
yam\ onstance L. Har ert1' Clair
Weld County Clerk t' e ,•///�''' r�lt
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n I W. H. Webster, Pro-Tem
BY: 6 .r
Deputy Clerk to t�tr?f � �
G E. Baxter
Dale K. Hall
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arbara J. Kirkmeyer
Minutes, August 26, 1998 981562
Page 6 BC0016
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