HomeMy WebLinkAbout990171.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
FEBRUARY 1, 1999
TAPE #99-02
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 1, 1999, 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 Dale K. Hall, Chair
Commissioner Barbara J. Kirkmeyer, Pro-Tem
Commissioner George E. Baxter
Commissioner M. J. Geile
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 January 27, 1999, as printed. Commissioner Baxter
seconded the motion, and it carried unanimously.
CERTIFICATION
OF HEARINGS: Commissioner Baxter moved to approve the Certification of Hearings conducted
on February 1, 1999, as follows: 1) Public hearing to consider whether to renew
Tavern Liquor License for J. Montes, Inc., dba El Rodeo Night Club; and 2) A
Site Specific Development Plan and Special Review Permit #1198, Enviro-
Cycle, LLC, % Howard Boatright (Con't to 03/03/99). Commissioner Geile
seconded the motion, which carried unanimously.
ADDITIONS TO
AGENDA: The following was deleted from New Business: 2)Consider Installation of Traffic
Control Devices on Casa Grande Drive at Lake Mead and replaced with 2)
Consider Purchase of Telephone System and authorize Chair to sign-Siemens
Information and Communication Networks, Inc.
CONSENT AGENDA: Commissioner Kirkmeyer moved to approve the consent agenda as printed.
Commissioner Geile seconded the motion, and it carried unanimously.
990171
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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 $400,043.06
Electronic Transfers -All Funds $797,062.91
Commissioner Kirkmeyer moved to approve the warrants as presented by Mr.
Warden. Commissioner Geile seconded the motion,which carried unanimously.
BUSINESS:
NEW: CONSIDER RENEWAL APPLICATION FOR 3.2 PERCENT BEER RETAIL
LICENSE AND AUTHORIZE CHAIR TO SIGN -CONO SERVICES, INC., DBA
CONOCO #06394: Bruce Barker, County Attorney, stated Deputy Mark Profitt
expressed no concerns regarding this application. Commissioner Vaad moved
to approve said application and authorize the Chair to sign. Seconded by
Commissioner Geile, the motion carried unanimously.
CONSIDER AGREEMENT FOR UPGRADE OF TELEPHONE SYSTEM AND
AUTHORIZE CHAIR TO SIGN - SIEMENS INFORMATION AND
COMMUNICATION NETWORKS, INC.: Mr. Warden stated it will cost
$86,118.50 to upgrade the existing telephone system in the Weld County Public
Health\Planning Services and Public Works buildings. He stated this amount
has been budgeted for this year. Commissioner Baxter moved to approve said
purchase and authorize the Chair to sign. Seconded by Commissioner
Kirkmeyer, the motion carried unanimously.
CONSIDER TEMPORARY ROAD CLOSURE OF WELD COUNTY ROAD 43
BETWEEN WELD COUNTY ROADS 42 AND 44: Commissioner Geile moved
to approve said closure. Seconded by Commissioner Kirkmeyer, the motion
carried unanimously.
CONSIDER TEMPORARY ROAD CLOSURE OF WELD COUNTY ROAD 50
BETWEEN WELD COUNTY ROADS 15 AND 17: Commissioner Baxter moved
to approve said closure. Seconded by Commissioner Kirkmeyer, the motion
carried unanimously.
CONSIDER APPOINTMENTS AND REAPPOINTMENT TO EXTENSION
ADVISORY COUNCIL: Chair Hall read said appointments and reappointment
for the record. Commissioner Geile moved to approve said appointments and
reappointment. Seconded by Commissioner Baxter, the motion carried
unanimously.
CONSIDER APPOINTMENT TO LOCAL ENERGY IMPACT AND COMMUNITY
DEVELOPMENT REVIEW TEAM: Chair Hall read said appointment for the
record. Commissioner Vaad moved to approve said appointment.
Commissioner Kirkmeyer seconded the motion, which carried unanimously.
Minutes, February 1, 1999 990171
Page 2 BC0016
CONSIDER AMENDMENT TO COMMUNICATIONS TOWER AND SITE
LEASE AGREEMENT AND AUTHORIZE CHAIR TO SIGN: Mike Savage,
Director of Communications, stated Advanced Nationwide Messaging
Corporation, dba AT&T Messaging Now Metrocall, has requested an increase
in the amount of equipment at the communications tower. Mr. Savage stated
this amendment will bring additional revenue to Weld County. In response to
Commissioner Geile, Mr. Savage stated there will still be room for expansion
and it will not effect the capabilities of the tower. Commissioner Geile moved
to approve said amendment and authorize the Chair to sign. Seconded by
Commissioner Baxter, the motion carried unanimously.
CONSIDER ACCEPTANCE OF DEED OF DEDICATION AND AUTHORIZE
CHAIR TO SIGN - LUNDVALL, LLC: Mr. Barker stated the easement
agreement for this parcel of property was considered a month ago; however, he
did not have the Deed of Dedication or Acceptance. Commissioner Baxter
moved to accept said deed and authorize the Chair to sign. Seconded by
Commissioner Kirkmeyer, the motion carried unanimously.
PLANNING: CONSIDER ZPMH#2115-ROBERT AND HOPE CANDELARIE:Julie Chester,
Department of Planning Services representative, stated this application is for a
mobile home to be used as a principle dwelling, and gave a brief description of
the location of the site. Ms. Chester explained the applicant originally applied
for a Medical Hardship and obtained the necessary signatures from surrounding
property owners in April 1998; however, they are now applying to place the
mobile home on a different lot and the signatures are no longer valid. Ms.
Chester stated Aristocrat Ranchettes consists primarily of mobile homes and a
few stick built homes. She requested Condition of Approval#4 be deleted due
to a conversation with the Division of Water Resources which indicated there is
an adequate water supply for the applicant to install a well. In response to
Commissioner Geile, Ms. Chester stated Weld County Road 16 has been
improved up to the applicant's driveway and it is under the jurisdiction of Fort
Lupton which expressed no concerns. Responding to Commissioner Kirkmeyer,
Ms. Chester stated the applicant has obtained a well permit, and explained the
Division of Water Resources indicated the well will be deep enough to allow
enough room for a septic system and leech field on the one-acre parcel.
Commissioner Kirkmeyer commented the existing residents in the subdivision
often do not have a sufficient water supply and are waiting to receive public
water. In response to Commissioner Geile, Ms. Chester stated a tap fee costs
approximately $5,000.
Robert Candelarie, applicant,stated he has not installed a well; however, he has
received a well permit, and added the Town of Fort Lupton is currently installing
a water line which will be able to service the subdivision. In response to
Commissioner Kirkmeyer, Mr. Candelarie explained used water will most likely
return to the same stream system. Commissioner Kirkmeyer commented she
does want Condition of Approval #4 deleted due to the existing problems with
wells and cisterns in the area, and the applicant may not be able to meet
Condition #7 of the well permit. Mr. Candelarie stated the local water
department required him to obtain a well permit until an alternate source of
water is available. (Clerk's note: Switched to Tape#99-03)Commissioner Vaad
Minutes, February 1, 1999 990171
Page 3 BC0016
suggested amending Condition of Approval#4 to state, "The mobile home shall
connect to a public water supply system when it becomes available." There was
no public input concerning this matter.
Commissioner Kirkmeyer moved to approve said Zoning Permit for a Mobile
Home#2115 to be used as a principle dwelling with the change to Condition of
Approval #4 as stated above. Seconded by Commissioner Geile, the motion
carried unanimously.
CONSIDER RE#2168 - JOHN AND BARBARA WAGNER: Scott Ballstadt,
Department of Planning Services representative, gave a brief description of the
57.4 acre parcel and clarified the location of the proposed access easement.
Mr. Ballstadt explained the existing access easement serves two lots, and the
applicant has obtained an easement adjacent to the existing easement. Mr.
Ballstadt stated he received one letter of opposition for a surrounding property
owner and recommended denial of this application. He stated the application
does not demonstrate efficient and orderly development by creating a flaglot; it
will increase traffic;the proposed building area is designated prime farmground
by the USDA maps; and the close proximity will create conflicts between
agricultural and residential uses. In response to Commissioner Geile, Mr.
Ballstadt stated the proposed homesite is located south of the pond, and he
explained the previous divisions of the property. In response to Commissioner
Kirkmeyer,Mr. Ballstadt indicated the existing and proposed access easements,
and Weld County Road 6 is classified as a local gravel road. Responding to
Chair Hall, Mr. Ballstadt stated the surrounding uses consist of agricultural,
residential, and oil and gas facilities.
John Wagner, applicant, stated the area south of the pond is difficult to irrigate.
In response to Commissioner Kirkmeyer, Mr. Wagner stated there is a written
agreement for the new access easement, and he has owned the property for
four years and has been farming the 57 acres. Responding to Chair Hall, Mr.
Wagner stated his intent is to build the home for his family and explained he has
constructed all of the structures on the property. In response to Commissioner
Baxter, Mr. Wagner stated he will move his sprinkler system to accommodate
the new location of the house.
Joe Archuletta, surrounding property owner, stated his house is located east of
the pond, and expressed concern with additional traffic lights shining into his
house as they come around the edge of the pond to enter onto the common
access. He stated the new access will take prime farmground out of production
and explained Mr. Wagner has a roping arena which results in approximately 15
trucks and trailers using the lane several times a week. In response to
Commissioner Geile, Mr. Ballstadt stated Mr. Wagner uses the arena for his
personal use. Responding to Chair Hall, Mr. Archuletta stated he does have a
road maintenance agreement; however, he does have concerns with an
additional residence causing further traffic and dust.
Mr. Wagner stated he has three or four friends that come and use the arena
approximately two times a month. He stated the end of the driveway which
points towards Mr. Archuletta's house was existing when he purchased his
property so he should have been aware of the traffic. In response to
Minutes, February 1, 1999 990171
Page 4 BC0016
Commissioner Geile, Mr. Wagner clarified he uses the arena for personal use
only and does not conduct a commercial business. Responding to
Commissioner Baxter, Mr. Wagner explained due to the type of ground around
the pond, it would be very difficult to adjust the location of the driveway. In
response to Commissioner Kirkmeyer, Mr. Ballstadt stated the applicant has a
written agreement for the easement; however, it is not recorded. Drew
Scheltinga, Public Works representative, stated he does not have a formal
traffic count for Weld County Road 6; however, he estimated the amount to be
approximately 200 vehicles per day, and added the access on the west side of
the property is a private driveway and not an extension of Weld County
Road 149.
Commissioner Kirkmeyer moved to deny the application for Recorded
Exemption #2168 based on the recommendations of planning staff and added
there is no legal access existing and the proposal would create a flaglot.
Seconded by Commissioner Geile, the motion carried unanimously.
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.
There being no further business, this meeting was adjourned at 10:15 a.m.
BOARD OF COUNTY COMMISSIONERS
44iv COUNTY, CO /
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ATTEST: ��� / �J I
�� �� Daly K. Hall, Chair /
Weld County Clerk to the B rc�' � � �'
arbara J. Kirkmeyer, Pr�dJ�J-Tem ��Q
Deputy Clerk to the Board —
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271 eaCi
M. . Geil
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n Vaad
Minutes, February 1, 1999 990171
Page 5 BC0016
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