HomeMy WebLinkAbout970811.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
APRIL 30, 1997
TAPE#97-10 AND#97-11
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,
April 30, 1997, 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 George E. Baxter, Chair
Commissioner Constance L. Harbert, Pro-Tem
Commissioner Dale K. Hall
Commissioner Barbara J. Kirkmeyer
Commissioner W. H. Webster
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Shelly K. Miller
Finance and Administration Director, Don Warden
MINUTES: Commissioner Hall moved to approve the minutes of the Board of County
Commissioners meeting of April 28, 1997, as printed. Commissioner Webster
seconded the motion, and it carried unanimously.
ADDITIONS: Chair Baxter added the following under New Business: 4) Consider Commercial
Real Estate Sales Agreement with US West Communications, Inc., and
authorize Chair to sign.
CONSENT AGENDA: Commissioner Hall moved to approve the consent agenda as printed.
Commissioner Harbert seconded the motion, and it carried unanimously.
PRESENTATIONS: RECOGNITION OF SERVICES - BERNICE MOHRMAN, WELD COUNTY
CLERK AND RECORDER'S OFFICE: Chair Baxter read the certificate
recognizing Bernice Mohrman for her eighteen years of service to the Clerk and
Recorder's Office. Ms. Mohrman was present to accept said award, and
J. A. "Suki" Tsukamoto, Clerk and Recorder, presented her with a pin and
thanked Ms. Mohrman for her dedicated service.
970811
BC0016
RECOGNITION OF SERVICES - LUELLA KINNISON, WELD LIBRARY
DISTRICT: Chair Baxter read the certificate recognizing Luella Kinnison for her
twenty-eight years of service to the Library District. Ms. Kinnison was present
to accept said award and thanked the Board, Mr. Warden, and Bruce Barker,
County Attorney, for their support over the years.
RECOGNITION OF SERVICES - MEMBERS OF VARIOUS WEED DISTRICT
ADVISORY BOARDS: Chair Baxter read the certificate into the record and
presented said awards as follows: Ruben Hergert for 34 years and Elmer
Deines for 11 years, District 1; Leonard Litzenberger for 12 years and Mark
Nygren for 7 years, District 2; Louis Rademacher for 10 years, District 3; Arthur
Anderson, Jr., for 11 years, David Kreps, Jr., for 15 years, and Vernon Pearson
for 11 years, District 6; and Robert Stroh for 32 years, District 7. The remaining
certificates will be mailed to those not present.
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 $ 833,810.17
Commissioner Webster moved to approve the warrants as presented by
Mr. Warden. Commissioner Kirkmeyer seconded the motion, which carried
unanimously.
BIDS: PRESENT BIDS: Mr. Warden stated there are no bids to present.
BUSINESS:
NEW: CONSIDER APPLICATION FOR FINANCIAL ASSISTANCE FROM
DEPARTMENT OF HUMAN SERVICES TO COLORADO DEPARTMENT OF
TRANSPORTATION AND AUTHORIZE CHAIR TO SIGN: Linda Piper, Human
Services Department, stated the funding requested is $72,583.00 for 1998 and
$73,392.00 for 1999 which will cover administrative, operational, and capital
expenses to serve the rural, elderly, and disabled. Commissioner Kirkmeyer
moved to approve said application and authorize the Chair to sign.
Commissioner Webster seconded the motion, which carried unanimously.
CONSIDER APPOINTMENTS TO BUILDING TRADES ADVISORY
COMMITTEE: Commissioner Harbert moved to approve the appointment of Jim
Morris to replace Daniel Correll as the City of Greeley representative and the
appointment Scott Renfro to replace Bob Earle as the Weld County Home
Builders representative, both with terms to expire April 10, 2000. Commissioner
Hall seconded the motion, and it carried unanimously.
Minutes, April 30, 1997 970811
Page 2 BC0016
CONSIDER RESOLUTION RE: AUTHORIZE WELD COUNTY TREASURER
TO ESTABLISH HOUSING AUTHORITY ESCROW FUND: Mr. Warden stated
the Board recently created a program in the Housing Authority for recipients'
monthly allotments to go toward escrow if they are working; thus, this account
is necessary. Commissioner Kirkmeyer moved to approve said resolution, and
Commissioner Harbert seconded the motion, which carried unanimously.
CONSIDER COMMERCIAL REAL ESTATE SALES AGREEMENT WITH US
WEST COMMUNICATIONS, INC., AND AUTHORIZE CHAIR TO SIGN: Kent
Donahue, Communications Director, explained this sales agreement with US
West is for a tower site. He stated this agreement is the third draft and will be
returned to Austin and Austin, Realtors handling the sale, then to US West for
final execution. Commissioner Webster moved to approve said agreement and
authorize the Chair to sign. Commissioner Harbert seconded the motion.
Responding to questions from Commissioner Kirkmeyer, Mr. Donahue
confirmed the price proposed by US West is a good offer, and Mr. Warden
stated $150,000.00 was budgeted for this project. Mr. Donahue explained the
agreement is for joint usage with US West to maintain antennas and house
hardware. The motion then carried unanimously.
PLANNING: CONSIDER ZPAD #79 - WILSON (PLANNER HODGES): Todd Hodges,
Planning Department, submitted to the Board a letter, Exhibit B, from the
applicants to surrounding property owners, Thomas and Diana Spurling. He
explained the 240-acre site is located near Weld County Roads 16 and 19 and
contains 4 (four) existing structures, one of which is a mobile home permitted
in 1980 under MHP #498. Mr. Hodges noted one of the other structures was
recently permitted under ZPAD #67; now a fifth residence is proposed, which
is stick-built and a third accessory-to-farm. Mr. Hodges then played a video
taken April 18, 1997, of the property and improvements as well as the proposed
structure and location. He then entered staff recommendation for denial and
noted Section 43.2.3.1 of the Zoning Ordinance has not been met and adequate
evidence that this residence is required for the farm has not been provided. Mr.
Hodges stated staff feels this proposal constitutes a minor subdivision and there
are other alternatives. Responding to questions from the Board, Mr. Hodges
stated the farm production will be herbs and confirmed the minor subdivision
process would mitigate impacts and be more beneficial with permanent
structures. He clarified a ZPAD is a temporary permit based on need for the
farm. Mr. Hodges confirmed the proposed structure is on site, on a steel frame,
and is to be placed on a permanent foundation. He said he was told family
members working on the property are living in the mobile home, which was the
first accessory dwelling permitted in 1980; another stick built home is a non-
conforming use; and the other stick-built home was staff-approved last year as
an accessory. Mr. Hodges also stated he was informed the homes are needed
for family members working on the farm. Elizabeth Wilson, applicant, submitted
a Project Overview, Exhibit A, which she reviewed in response to Planning
staffs recommendation. She discussed said overview in detail and stressed the
intensive work of producing herbs requires split shifts and a number of people.
She noted approximately 82 percent of the surrounding property owners signed
Minutes, April 30, 1997 970811
Page 3 BC0016
the petition in support of this proposal. Ms. Wilson also noted this operation
entails a long-term family commitment and they will also be boarding and raising
elk, which is permitted through the Department of Agriculture. She noted the
access, water, power, etc., is all existing and this is the first time Planning staff
has suggested the minor subdivision process. Ms. Wilson reiterated the
importance of maintaining someone on site and the labor-intensive herb
operation, which is a valid agricultural use. Responding to questions from Chair
Baxter, Ms. Wilson stated at least one person from each home would be
working exclusively on the farm, and they will actually need 9.5 full-time people.
She stated they farmed for 11 years on Weld County Road 15, their elk are
currently boarded elsewhere, and everything has been very strategically
planned. Robert Joseph Dvorak, surrounding property owner, stated he been
friends and neighbors with the Wilsons for over 15 years and their family has a
loving and spiritual togetherness, with a desire for continuing participation as a
family unit. He stated the Wilsons have helped him over the years, have always
been cooperative and respectful, and are an asset to the whole area because
they are working together as a family unit. Ms. Spurling stated she and her
husband live across the road from the Wilson's property. She stated she
recently received a certified letter from the Wilsons in response to her letter of
concern. Mr. Barker confirmed a copy of said letter dated April 26, 1997, as well
as the letter from the Spurlings is in the record. Ms. Spurling stated their family
farm has existed since 1958 and she is very opposed to this proposal because
it is only houses and more people and no indication of farming or livestock. She
also noted that Mr. and Mrs. Wilson moved onto the property last Saturday, and
prior to that time only young boys with an auto shop were on site. Ms. Spurling
voiced numerous other concerns regarding the activities on the property and
requested the Board deny the request and seriously review the need for the
other accessory dwellings. Ms. Spurling then responded to questions from the
Board and indicated the property had previously been farmed by the same man
and his son for over 20 years. She also noted there are now only two shares
of water available and that Weld County had to take care of the culverts. Tom
Spurling stated too many people are there for only family to be living on the
property. Diana Evans, surrounding property owner, voiced concern about
establishing stick-built houses as temporary accessory dwellings. She, too,
recommended the Board deny this request. Ms. Wilson clarified she wrote,
called, and tried to contact all neighbors, and they intend to be good neighbors
and build a fence for a visual and noise break. She confirmed the shop is not
a business, it is a constructive hobby for their sons; the farming operation is
getting underway, including weed control. Richard Wilson, applicant, stated
they moved to the property when their house in town sold and clarified they are
on a waiting list for rented water; therefore, the water is not a problem. He
reiterated this operation is a very labor-intensive use and they need people in
each house since the use is not traditional, but very extensive. Responding to
questions from Chair Baxter, Mr. Wilson stated the farm includes a sprinkler for
1/3-circle of 50 acres, 110 acres that are flood irrigated, and the balance is
dryland wheat. Ms. Wilson stated the pasture is irrigated also and the entire
property is actually 320 acres. She stated her daughter and husband also live
on the property and the previous farmer recently moved. Ms. Wilson explained
the certificate of occupancy was recently issued and they moved in as soon as
Minutes, April 30, 1997 970811
Page 4 BC0016
possible. She also noted she researched prior ZPAD requests through 1989
and none have been denied. She reiterated this is a long-term operation; thus,
stick-built dwellings are appropriate because they match the character of the
farm and are better for the community. Ms. Wilson stressed they are using the
farm for agriculture, which is its historical use, and noted it is not their history to
have problems with neighbors. She stated the use is legitimate and reasonable
and they cannot respond to their neighbors when they will not communicate.
Responding to further questions from the Board, Ms. Wilson stated their 24-
year-old son has been in charge of the property and her daughter also lives
there. She explained they also have sons 18, 16, and 15 years old, but they
have not been living on the property. She confirmed working on cars, trucks,
etc., is a hobby, not a business. Ms. Wilson also stated some people living
there now currently work other places, but they will be working on the farm. She
explained the five houses are needed for her and her husband, their sons aged
18 and 24, their daughter and her husband, her sister and family, and their other
daughter. She clarified she, her brother-in-law, and both daughters will be
working solely full-time on the farm. Ms. Wilson noted 700 trees were planted
last year and another 1000 this year, they have repaired the sprinkler, and
removed debris. Mr. Wilson stated his sons are his mechanics, and within five
years everyone living there will be employed full-time on the farm. He confirmed
they do have enough water now, but they have applied for more and are using
drought-resistant crops, as well as applying for a well permit. Mr. Wilson
clarified they are working but cannot do everything at once, reiterating the need
for all the people living on the property. Ms. Wilson stated the 50 irrigated acres
will be used for the 50 test plots and noted 4 (four) full-time people are
necessary for the greenhouse. She stated the hay has been planted and the
wheat ground is being managed. Again responding to questions from the
board, Ms. Wilson stated they encourage quiet time and safe driving and
confirmed their son and the two other young men living there will be working.
She explained they are not collecting rent; however, everyone is helping with the
payments at this time and will be reimbursed later. She reiterated the trailer is
occupied by her sister and brother-in-law, who works full-time on the farm, and
the proposed dwelling is for her and her husband. Mr. and Mrs. Wilson
confirmed the domestic water is not an issue, two shares of irrigation water are
sufficient, an irrigation-water well permit is being investigated, two accesses
exist, and there will be no water problems this year. Ms. Wilson stated they
intend to purchase the greenhouse next month, with the 50 acres to be planted
over the next five years. (Changed to Tape#97-11.) Responding to questions
from Chair Baxter, Mr. Hodges confirmed staff is aware of the greenhouse and
the need for intensive labor; however, staff feels the existing structures are
adequate and no changes have been seen in the site since the first ZPAD was
approved in January of 1996. He also clarified the mobile home has been a
temporary use since 1980 when the accessory zoning permit was issued. He
explained staff approved all permits if the required signatures from surrounding
property owners were obtained; however, Commissioner Kirkmeyer noted that
process was changed in 1993 and all accessory-dwelling permits were not
previously considered by the Board. Mr. Hodges clarified the applicant stated
the need for a fourth house; however, this request is for a fifth residence and no
operation has occurred on site from what staff has observed. He noted four
Minutes, April 30, 1997 970811
Page 5 BC0016
approved homes have existed on site since January of 1996, with one being
recently issued a certificate of occupancy. Mr. Hodges confirmed the mobile
home permit could be in jeopardy due to the property being sold and the use
being changed. Commissioner Kirkmeyer stated this is not an easy decision;
however, she moved to deny ZPAD #70 for Elizabeth Wilson, based on staff
recommendation. She reiterated all residents are not principally employed by
the operation and the need for a third accessory dwelling has not been shown.
Commissioner Kirkmeyer also stated four homes and a mobile home constitute
a minor subdivision, which is not the intent of the Agricultural Zone District.
Commissioner Harbert seconded the motion. Chair Baxter agreed this is not an
easy decision and said he understands how the intensive operation may require
a number of workers. He also noted the conflicts with the neighbors are
unfortunate; however, similar permits have been approved before, and he will
vote against the motion. Commissioner Hall stated he will vote in favor of the
motion and voiced concern with a temporary stick-built home. He discussed the
subdivision option and stated he is not convinced the usage is for the property,
since the issue is not clean. Chair Baxter stated the Board should possibly
consider changing this process, and Commissioner Kirkmeyer agreed but
clarified the Board members and their interpretations are different from those in
1989. The motion then carried four to one, with Chair Baxter voting nay.
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.
There being no further business, this meeting was adjourned at 10:40 a.m.
BOARD OF COUNTY COMMISSIONERS
Crs"�'r Ser, 2
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II'84' `( ' (y(li to the Board
// ' / � nstance L. Harbert, ro- m
``:y Clerk bf he Board
Dale K. Hall
EXCUSED DATE OF APPROVAL
Barbara J. Kirkmeyer
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W. H. Wbbster
Minutes, April 30, 1997 970811
Page 6 BC0016
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