HomeMy WebLinkAbout991358.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JUNE 7, 1999
TAPE #99-21
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,
June 7, 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 - EXCUSED
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 June 2, 1999, as printed. Commissioner Geile
seconded the motion, and it carried unanimously.
CERTIFICATION
OF HEARINGS: Commissioner Vaad moved to approve the Certification of Hearings conducted
on June 2, 1999, as follows: 1) Hearing to receive public input regarding Weld
County's proposed participation in the Northwest Parkway Public Highway
Authority; 2) Change of Zone #523, Don Carlisle; and 3) A Site Specific
Development Plan and Special Review Permit #1216, Lance Messinger.
Commissioner Baxter seconded the motion, which carried unanimously.
ADDITIONS TO
AGENDA: The following was added under New Business: 3) Consider Authorizing District
Attorney to proceed with legal action against Clifford Dyer regarding I.S.D.S.
Permits
CONSENT AGENDA: Commissioner Baxter moved to approve the consent agenda as printed.
Commissioner Geile seconded the motion, and it carried unanimously.
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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 $760,390.77
Commissioner Vaad moved to approve the warrants as presented by Mr.
Warden. Commissioner Geile seconded the motion,which carried unanimously.
BUSINESS:
NEW: CONSIDER CHANGE ORDER LETTER #1 FOR CHILDREN WITH SPECIAL
NEEDS CONTRACT AND AUTHORIZE CHAIR TO SIGN: Judy Nero, Weld
County Department of Public Health and Environment, stated this change order
letter will add $11,000 to the existing contract for a total of $172,428 for the
1998-1999 contract year. She stated the additional funds will be used to
purchase personal computers, laser printers, and computer software.
Commissioner Baxter moved to approve said change order and authorize the
Chair to sign. Seconded by Commissioner Vaad, the motion carried
unanimously.
CONSIDER REQUEST FROM VEGETATION MANAGEMENT SPECIALIST TO
ENTER UPON CERTAIN LANDS: Ron Broda, Department of Public Works,
stated in accordance with Ordinance#169-A, he sent notices to various parties
regarding the presence of noxious weeds on their property,with suggestions for
controlling the weeds, and a deadline of May 23, 1999. Mr. Broda requested the
Board authorize him to enter onto the properties listed in his letter dated June 1,
1999, to carry out weed control measures. Commissioner Vaad moved to
approve the request to enter onto certain lands. Seconded by Commissioner
Geile, the motion carried unanimously.
CONSIDER AUTHORIZATION TO PROCEED WITH LEGAL ACTION
AGAINST CLIFFORD DYER FOR VIOLATION OF CEASE AND DESIST
ORDER ISSUED BY HEALTH OFFICER: Mr. Barker referred to a letter from
Lee Morrison, Assistant County Attorney, dated May 28, 1999, explaining what
is required of Clifford Dyer, applicant. He stated due to Mr. Dyer's failure to
complete the work for I.S.D.S. Permit #SP-9900006 for the treatment of floor
drain wastes, a Cease and Desist Order was issued by the Weld County Health
Officer on November 23, 1998, which is in effect until Mr. Dyer meets the five
requirements detailed in Mr. Morrison's letter. Mr. Morrison explained this
hearing is similar to a Zoning Violation and will follow a statutory procedure. He
stated Mr. Dyer filed an appeal regarding the Cease and Desist Order; however,
the case was dismissed because it was filled after the deadline. He further
stated it will take an action from the Board of Commissioners acting as the
Board of Health to proceed and get a District Court Order to enforce the Cease
and Desist Order. Jeff Stoll, Weld County Department of Public Health and
Environment, stated this situation started following a complaint of discharge
from the facility filed in June 1998. Mr. Stoll explained the normal process for
installing a waste treatment system, and stated Mr. Dyer did close off the
discharge. He further stated Mr. Dyer does have Permit#SP-9800602 for the
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septic system; however, Permit#SP-9900006 is still not complete and Mr. Dyer
is continuing to use or allow the use of a floor drain system in violation of the
Cease and Desist Order. In response to Commissioner Vaad, Connie O'Neal,
Department of Public Health and Environment, stated the five items listed are
still outstanding and need to be addressed.
In rebuttal, Mr. Dyer stated he has hired an engineer who has reviewed the plan;
however, he will not stamp it until he receives the necessary specifications from
the filter company. He further stated that although the system has been
installed, the only use has been to conduct tests. Mr. Stoll referred to a letter
from the State suggesting Mr. Dyer use a sealed vault system for the discharge
which will require a permit from the State. He stated a plan should have been
submitted prior to installation; however, with the filter already installed, it cannot
be reviewed and the specifications listed in the management plan indicate Mr.
Dyer wants a sub-surface absorption system. Mr. Stoll further stated the
Management Plan needs to indicate how the waste will be handled. In response
to Commissioner Baxter, Ms. O'Neal stated the system was installed before the
permit was approved. Mr. Dyer indicated the old system was approved by the
Weld County Department of Public Health and Environment,which indicated the
system should be covered with a foot of dirt to prevent freezing. He stated had
the permit not been approved, he would not have been issued a Certificate of
Occupancy; the tank holds 1,000 gallons; and he explained how the system is
maintained and how it operates. Mr. Dyer further stated he did submit a copy
of the Management Plan to the engineer; however, he will not sign it until the
filter company indicates the type of filter which it can't do until the Health
Department specifies what requirements are lacking. He also read comments
from Pat Matineck for the record. Chair Hall commented that all Ms. Matineck
is requesting is information on how the waste will be handled. Mr. Dyer stated
her verbal statement to him this morning was that the filter company needs to
submit to the Engineer, in writing, that the filter is sufficient. Mr. Morrison
indicated the only delay is that Mr. Dyer has not submitted sufficient information
to his engineer. In response to Chair Hall, Mr. Dyer stated the plan is on paper
and has been submitted to all the necessary people. Mr. Morrison reiterated the
plan must describe the waste and how it will handled, and added Mr. Dyer is
describing a sub-surface facility; however, his permit is for a vaulted system.
Mr. Dyer stated the permit is for the old vault system. Mr. Barker requested
authority to file a civil action; however, a delay of action would be appropriate
to allow Mr. Dyer time to meet the necessary criteria. Mr. Dyer addressed the
five items and stated the type of material is described in the Material Safety
Data Sheet. Chair Hall reiterated to Mr. Dyer that all of his information needs
to be submitted in writing to the engineer, as well as to the Weld County
Department of Public Health and Environment. Mr. Morrison stated this matter
will be pursued by the District Attorney; however, it may be deferred to the
County Attorney's Office. Following discussion, Chair Hall indicated to Mr. Dyer
that his plan must specify how the waste will be handled. In response to
Commissioner Vaad, Mr. Morrison stated that because this is a civil action, the
Board is acting as the Board of Health and has the authority to delay action. Mr.
Barker stated if Mr. Dyer comes into compliance, the case will be withdrawn.
Commissioner Vaad' moved to authorize the 19th Judicial District Attorney's
Office to proceed with legal action against Clifford Dyer, with a delay of action
Minutes, June 7, 1999 991358
Page 3 BC0016
until July 5, 1999. Commissioner Geile seconded the motion, which carried
unanimously.
PLANNING: CONSIDER SITE APPLICATION FOR THE MODIFICATION/EXPA,NSION OF
THE HILL-N-PARK WASTEWATER TREATMENT FACILITY - CITY OF
EVANS:Trevor Jiricek, Department of Public Health and Environment, referred
to his memorandum to the Board, dated June 4, 1999, and stated the City of
Evans operates and maintains the Hill-n-Park Wastewater Treatment Facility
and has submitted a Site Application for modification and expansion of the
facility. Mr. Jiricek stated the Weld County Departments of Public Health and
Environment and Planning Services staff, as well as the Colorado Department
of Public Health and Environment have no concerns with the application and
recommend approval. Commissioner Baxter commented that he al:tended the
208 Water Quality Management meeting and there was no concern with this
application. Mr. Morrison explained Site Plan referrals are typically reviewed by
the governing municipality; however, Hill-n-Park is located in unincorporated
Weld County, therefore, the Board must review this application. In response to
Commissioner Geile, Mr. Morrison stated the facility is at or near capacity;
however, with some minor readjustments and better management, the capacity
will be increased. Commissioner Geile moved to approve said application.
Seconded by Commissioner Baxter, the motion carried unanimously.
CONSIDER RECORDED EXEMPTION #2474 - ROGER AND JO MOTLEY:
Sheri Lockman, Department of Planning Services, stated this Recorded
Exemption is proposing to split a 50-acre parcel into parcels approximately 5
and 45-acres in size. She gave a brief description of the location of the site, as
well as the surrounding uses which consist of a few private residences and
agricultural uses. Ms. Lockman stated this application does not comply with
Sections 11.4.2.1 through 11.4.2.6 of the Weld County Zoning Ordinance, as
described in the administrative review and the applicant appears to be evading
the intent of the Subdivision Ordinance. She explained the applicant originally
cwned 130 acres and recently sold the west 80 acres, and approval of this
Recorded Exemption will create four buildable lots. In response to
Commissioner Vaad, Ms. Lockman stated Lot B will be accessed on the north
from State Highway 114, and Lot A will be accessed on the south from U.S.
Highway 34. Responding to Chair Hall and Commissioner Baxter, Ms. Lockman
stated the 80-acre parcel was sold within the last year providing evidence of an
intent to evade the Subdivision Ordinance. Ms. Lockman explained 50 acres is
considered non-buildable in the Agricultural Zone District and will require a Use
by Special Review permit to obtain building permits; however, the Recorded
Exemption will create two buildable lots.
Roger Motley, applicant, clarified the map is incorrect and the 80-acre parcel is
located east of the 50 acres, and added that Highway 114 is not paved. Ms.
Lockman indicated the deed refers to the 80 acres being located on the west
and Mr. Motley stated the deed is incorrect. In response to Commissioner Geile
and Chair Hall, Mr. Motley stated the 80-acre parcel is used for grazing, and the
purpose of this application is to allow for future plans to sell Lot A, where he
currently lives, and build a new home on Lot B further back from the highway.
In response to Commissioners Geile and Baxter, Mr. Motley stated the house
Minutes, June 7, 1999 991358
Page 4 BC0016
on Lot A was constructed in 1979 or 1980, and when he sold the 80-acre parcel,
he was not aware of the problem it would create. Responding to Mr. Motley,
Ms. Lockman stated it was not illegal for him to sell the 80 acres; however, if he
had submitted a Recorded Exemption at that time, one lot would have been less
than 35 acres and the other lot would consist of the remaining land. Mr. Barker
explained that Mr. Motley's property is between 35 and 80 acres in size and in
the Agricultural Zone District this is considered a non-buildable lot. Julie
Chester, Department of Planning Services,explained the property owner will not
be issued building permits for any type of structure including out buildings,
maintenance, or even reconstruction if the existing house were ever destroyed.
In response to Chair Hall, Mr. Motley stated he has reviewed and agrees with
the proposed Conditions of Approval. In response to Commissioner Baxter, Ms.
Chester stated the only other option available to the applicant is to form an
agreement with the new property owner of the 80-acre parcel to recombine the
entire 130 acres and split the land correctly in a Recorded Exemption. Ms.
Lockman requested the Board add Condition of Approval #2.G to state, "The
applicant shall submit recorded deeds correctly describing the 80 acre and 50
acre parcels". Commissioner Baxter commented the aerial photograph appears
to have a residence in the southeast corner of the 130-acre parcel. Mr. Motley
stated the photograph is old because the residence shown no longer exists.
There was no public testimony concerning this matter.
Commissioner Geile moved to approve Recorded Exemption #2474 with the
Conditions of Approval and the addition of Condition#2.G as discussed. Chair
Hall seconded the motion. In response to Commissioner Vaad, Mr. Barker
clarified if the recorded exemption is not approved, the parcel will remain a non-
buildable lot. Following clarification, Commissioner Vaad voted in favor of the
motion. Commissioner Baxter commented that although the applicant may have
created this situation out of ignorance, approval of Recorded Exemption#2474
may set a precedent and stated he is opposed to the motion. Chair Hall
commented that this does not set a precedent because there is a house already
on the property and it is located in a very rural area. Commissioner Baxter
agreed that although this is a rural area, the Recorded Exemption will allow an
existing residence, as well as an additional buildable lot. The motion carried
three to one, with Commissioner Baxter opposed.
RESOLUTIONS AND
ORDINANCES: The resolutions were presented and signed as listed on the consent agenda.
No Ordinances were approved.
L.et the minutes reflect that the above and foregoing actions were attested to
and respectfully submitted by the Acting Clerk to the Board.
Minutes, June 7, 1999 991358
Page 5 BC0016
There being no further business, this meeting was adjourned at 10:25 a.m.
BOARD OF COUNTY COMMISSIONERS
COUNTY, COLOR D
ATTEST: Lil A
- �`�, Dale K. Hall, C air
Weld County Clerk to the Boa . �
4V EXCUSED
Barbara J. Kirkmeyer, Pro-Tem
BY: 4—.1/ h 2,.: a_
Deputy Clerk to the Board � '
��► Geo a xter
•
J Geile
A
Glenn Vaad
Minutes, June 7, 1999 991358
Page 6 BC0016
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