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Home My WebLink About961557.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO SEPTEMBER 9, 1996 TAPE #96-22 AND #96-23 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, September 9, 1996, 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 George E. Baxter, Pro-Tem Commissioner Dale K. Hall Commissioner Constance L. Harbert Commissioner W. H. Webster Also present: County Attorney, Bruce T. Barker Acting Clerk to the Board, Shelly Miller Finance and Administration Director, Don Warden MINUTES: Commissioner Harbert moved to approve the minutes of the Board of County Commissioners meeting of September 4, 1996, as printed. Commissioner Hall seconded the motion, and it carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Baxter moved to approve the hearings conducted on September 4, 1996, as follows: 1) Major Subdivision Preliminary Plan, John T. and James I. Martin (Planner Dunn); and 2) Special Review Permit for an accessory building larger than 1,500 square feet (3,750 square feet)to be used as storage for farm equipment and to house farm animals in the A (Agricultural) Zone District, Anthony Gasparovich (Planner Keithley). Commissioner Webster seconded the motion, which carried unanimously. ADDITIONS: There were no additions to the agenda. CONSENT AGENDA: Commissioner Harbert moved to approve the consent agenda as printed. Commissioner Webster seconded the motion, and it carried unanimously. COMMISSIONER COORDINATOR REPORTS: No reports were given. 961557 BC0016 PUBLIC INPUT: No public input was offered. WARRANTS: Don Warden, Director of Finance and Administration, presented the following warrants for approval by the Board: All Funds $ 1,318,026.95 Commissioner Hall moved to approve the warrants as presented by Mr. Warden. Commissioner Harbert seconded the motion, which carried unanimously. BUSINESS: NEW: CONSIDER AGREEMENT FOR COPIES OF COUNTY RECORDS BETWEEN ASSESSOR'S OFFICE AND TREASURER'S OFFICE AND INFORMATION SERVICES, INC., AND AUTHORIZE CHAIR TO SIGN: Bruce Barker, County Attorney, explained this agreement will allow Information Services, Inc., to obtain copies of electronically stored data and information and will allow the County to purchase property information in an on-line computer format. The initial term will be for 90 days to determine whether the purchase of the on-line information is feasible and of benefit to Weld County. Mr. Barker stated the proposal has been thoroughly reviewed and staff recommends approval. Commissioner Baxter moved to approve said agreement and authorize the Chair to sign. Commissioner Webster seconded the motion, which carried unanimously. CONSIDER ACCEPTANCE OF AIRPORT IMPROVEMENT PROGRAM GRANT FROM FEDERAL AVIATION ADMINISTRATION (FAA) FOR GREELEY-WELD COUNTY AIRPORT AUTHORITY AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS: Commissioner Hall explained the County and City of Greeley are joint sponsors of the FAA Airport Improvement Program grant to be received by the Airport; therefore, said grant must be accepted by the Board. Commissioner Harbert moved to accept said grant and authorize the Chair to sign any necessary documents. Commissioner Webster seconded the motion, which carried unanimously. CONSIDER RESOLUTION RE: DIRECT CLERK TO BOARD TO HAVE PUBLISHED SUPPLEMENTAL APPROPRIATION ORDINANCE: Mr. Warden explained this resolution directs the Clerk to the Board's Office to publish Emergency Ordinance No. 186-A one time prior its reading on September 16, 1996. Commissioner Baxter moved to approve said resolution, and Commissioner Harbert seconded the motion, which carried unanimously. CONSIDER TEMPORARY CLOSURE OF WELD COUNTY ROAD 57 BETWEEN WELD COUNTY ROADS 106 AND 108 AND WELD COUNTY ROAD 108 BETWEEN WELD COUNTY ROADS 55 AND 57: Commissioner Webster moved to approve said closures, and Commissioner Hall seconded the motion, which carried unanimously. Minutes, September 9, 1996 961557 Page 2 BC0016 CONSIDER APPOINTMENTS TO JUVENILE COMMUNITY REVIEW BOARD: Chair Kirkmeyer stated Paul Cooper will replace Larry Grauberger as the Division of Youth Services representative, with his term to expire November 1, 1996; and Bonnie Edmiston will replace Jerry Wommack as the Probation representative, with her term to expire November 1, 1998. Commissioner Harbert moved to approve said appointments, and Commissioner Baxter seconded the motion, which carried unanimously. CONSIDER RENEWAL OF 3.2% BEER LICENSE FOR ALVIN AND ABRAHAM GARCIA, DBA GARCIA STORE, AND AUTHORIZE CHAIR TO SIGN: Mr. Barker confirmed all requisite forms and fees have been provided, and the Sheriff's Office has no concerns with this establishment. Commissioner Webster moved to approve said renewal and authorize the Chair to sign. Commissioner Hall seconded the motion, which carried unanimously. PLANNING: CONSIDER RE #1925 - CLAUS (PLANNER GORANSON): Chris Goranson, Planning Department, reviewed the staff summary including the recommendation for denial. He specified the reasons for said recommendation and reviewed the history of the property, noting approval of this request will create eight lots on 298 acres and there are no building or conservation easements on the property. Mr. Goranson noted over five lots constitutes a major subdivision and answered questions from the Board. Jack Schneider, applicant's representative, read Exhibit A, a letter of explanation from Clayton Claus, applicant, into the record. He referenced staff's reasons for denial and clarified this request is not for residential development with limited agriculture; the property is, and will remain, agricultural. Mr. Schneider also clarified the difference between three deeded parcels and severed lots, indicating certain facts were not presented correctly and approval of this request would create only one more agricultural lot. Responding to questions from the Board, Mr. Schneider confirmed Mr. Claus sold the property around the reservoir and stated it may eventually be developed; however, it is not farm land. He also confirmed the subject property is now row cropped and already leased to a farmer for next year. Mr. Schneider explained the division of this property will help its marketability in the future, but it will not lessen agricultural production. He confirmed water will be assigned to each parcel and responded to further questions from the Board. (Changed to Tape#96-23.) Mr. Schneider noted the flagpole annexations of Mead have made it impossible to keep the cow/calf operation; however, the land will be marketed as agricultural. He reiterated the property around the reservoir is used as winter pasture and will likely be developed. Mr. Schneider clarified Lots A and B are more suitable for farming to raise feed and use for wintering ground. No public testimony was offered. Commissioner Webster stated this is an example of someone owning property to make a living, on which the expansion of the Town of Mead has encroached and is likely to be subdivided within the next 20 years. He stated, therefore, the applicant's private property rights should allow him to sell the property for retirement and relocation purposes in the most profitable manner. Commissioner Webster then moved to approve RE#1925. Commissioner Hall Minutes, September 9, 1996 961557 Page 3 BC0016 seconded the motion based on the fact the 28 and 58 acre parcels cannot be further subdivided nor can the farming be affected without the property owner obtaining further approval through the subdivision process. Mr. Goranson provided the Board with Conditions of Approval, and Mr. Schneider agreed with all Conditions of Approval except the building envelopes on Lots A and B. Discussion ensued concerning the importance of the building envelopes to avoid interruption of the farming operation, and Chair Kirkmeyer confirmed that new property owners could amend the location of said envelopes. Mr. Barker suggested additional language for Condition of Approval #2.b. concerning the access easement and the addition of Condition of Approval #2.d. requiring the transfer of irrigation water for both Lots A and B. Mr. Schneider then confirmed agreement with all Conditions of Approval. Commissioners Webster and Hall agreed to amend the motion to include said Conditions of Approval, as amended, and the motion carried unanimously. CONSIDER RE #1918 - GREGERSON (PLANNER EASTIN): Shani Eastin, Planning Department, reviewed the staff summary including the recommendation for denial. She specified the reasons for said recommendation and reviewed the history of the property, noting the mobile homes on the property are all permitted as accessories to farm for the existing dairy. Ms. Eastin responded to questions from the Board, and Mr. Barker clarified the importance of consistency in ownership of the dairy and all mobile homes. Bill Crews, applicant's representative, submitted an aerial photograph, Exhibit A, and stated he understands staff's concerns; however, the 3+ acres could be sold as a mobile home park at this time. He explained the applicant obtained additional property in the northwest quarter, which was previously leased, and this proposed recorded exemption is to house workers. Mr. Crews stated the requirement for the accessory to farm is necessary, and the applicant is willing to enter into an agreement as a Condition of Approval that all but the one stick- built dwelling be removed if the property is sold and the mobile homes are no longer part of the dairy. He further explained the applicant's retirement is in the immediate future, and the property in the northwest quarter is necessary to make the most profitable sale of the dairy. Mr. Crews clarified this request will not take prime farm land out of production and will make an ideal option to retire and/or sell all but the 3+ acres to retire on. Mr. Barker voiced concern regarding the enforceability of such an agreement by a third party, which is the County. He noted, however, the mobile homes would be in violation of the permits if the property is sold. Chair Kirkmeyer clarified the problem is staff not knowing when and/or if the property is sold. Further discussion ensued concerning the septic system. Jeff Stoll, Health Department, explained the septic system will become a problem only if the homes are sold to separate owners as legal lots and needs repaired or replaced. He confirmed no concern that the 3.8 acres will infringe upon Lot B. No public testimony was offered. Ms. Eastin provided the Board with Conditions of Approval, and further discussion ensued concerning additional language requiring the mobile homes to continue as accessory uses to the dairy as stated in the permits and the common ownership of Lot A and the dairy remains. Don Carroll, Public Works Department, explained the reason for Minutes, September 9, 1996 961557 Page 4 BC0016 the recommendation to delete the third most southern access, and Mr. Crews confirmed agreement with all Conditions of Approval. Commissioner Baxter moved to approve RE#1918 for Francis Gregerson, including all Conditions of Approval as amended. Commissioner Hall seconded the motion, which carried unanimously. Let the record reflect Lee Morrison, Assistant County Attorney, is now the attorney of record. CONSIDER ON-SITE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PUBLICLY MAINTAINED ROADS) WITH WEST HILL-N-PARK, INC., FOURTH FILING, (S #381) AND AUTHORIZE CHAIR TO SIGN: Todd Hodges, Planning Department, reviewed the history of the On-Site Improvements Agreement, which was continued from February 28, 1996, at which time the Board accepted the proposed layout of the park and most of the improvements. He noted the continuance was to allow the applicant to submit a more suitable proposal for the type and maintenance of the grass located in the play areas in the Third and Fourth Filings. Mr. Hodges explained this proposal includes dedication of four additional water taps and an additional $6,000.00 as collateral for an irrigation system and seeding. He referenced his memo to the Board dated September 6, 1996, and recommended an additional Condition of Approval #3 requiring the completion of the fencing along 47th Avenue in Fourth Filing. Mr. Hodges confirmed staff recommendation for approval and final acceptance. He also confirmed for the Board that the City of Evans has received payment for the water taps. Sam Oldenburg, Attorney representing West Hill-N-Park, Inc., explained this proposed addendum to said agreement is the result of seven months of meetings and exploring different alternatives. He stated he agrees with staff that the proposal is reasonable and also agrees to the Conditions of Approval, including the addition of Condition of Approval #3. No public testimony was offered. Commissioner Harbert commended all parties on resolving the problems and moved to approve said agreement, including all three Conditions of Approval, and authorize the Chair to sign. Commissioner Webster seconded the motion, which carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent agenda. There were no ordinances. Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by the Acting Clerk to the Board. Minutes, September 9, 1996 961557 Page 5 BC0016 There being no further business, this meeting was adjourned at 10:40 a.m. BOARD OF COUNTY COMMISSIONERS tKirkrneye/&7U UNTY, COL DO,�►, /� �,�� D /D� '!/G�l1J isci nt k to the Board �O V A urge ' . Baxter, Pro-T= -D p ty Cler . the Board Dale K. Hall Constance L. Harbert W. H.ester Minutes, September 9, 1996 961557 Page 6 BC0016 Hello