HomeMy WebLinkAbout780946.tiff WE'D CC!NTY CMMC:M INERS
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WELD COUNTY COUNCIL
January 17, 1978 1 FEB 8 1978 f'
GREELEY. COLO.
The Weld County Council met in regular session in full
conformity with the Weld County Home Rule Charter at
915 10th Street, Greeley, Colorado, January 17, 1978
at the hour of 9 A.M.
ROLL CALL: The following members were present:
Bob White, President
Nancy Clark, Councilmember
Floyd Oliver, Councilman
Robert Martin, Councilman
John Martin, Councilman
Also present: Commissioners Ed Dunbar, Norm Carlson, Leonard,
Roe; Observer for the League of Women Voters, Bev Brown; Citizens
Norman Brown, Richard Borum, Mike Eckstine, John Butcher, and
three other citizens; 5 members of the press; and the secretary,
Beverly Thomas.
MINUTES: Bob Martin made a motion that the January 5, 1978 minutes
be approved. John Martin seconded the motion and it carried.
EXECUTIVE SESSION: The Council met in Executive Session until 9:30 P.M.
CORRESPONDENCE: Letters were read from Tom Dority and Ken McWilliams.
The President mentioned memos and resolutions that had been
received from the County Commissioners.
MISCELLANEOUS: Nancy Clark was appointed to write a summary of the
proceedings that have transpired regarding the Rolanda Feed Company
controversy.
Nancy Clark made a motion that the Council change members '
responsibilities for different departments for the new year. This
shall be agreed upon by the Councilmembers, but appointed by the
President. Floyd Oliver seconded the motion and it was approved
unanimously. The President said that he would have his recommenda-
tions ready at the next meeting.
ELECTION OF VICE PRESIDENT: The President opened the meeting for
nominations for the 1978 Vice President. Nancy Clark nominated
Floyd Oliver. John Martin nominated Robert Martin. Floyd Oliver
was elected by secret ballot.
HIRING OF A PERFORMANCE AUDITOR: Bob White announced that the Council
had met as a committee and interviewed applicants for performance
auditor. Floyd Oliver made a motion that the Council contact Mr.
Anthony Jenkins and have him meet with the Council as soon as he
780946
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County Council Mi es Page
January 17, 1(1/8
is available. Furthermore, if he can a'lree with the contract
that the Council hire him as a performance auditor. Nancy
Clark seconded the motion and it passed unanimously.
Mr. White mentioned Mr. Jenkins qualifications for the position
stating that he has a degree in accounting. lie has been
employed as an accountant, an office manager, and a comptroller;
and has dealt with state governments. Councilmembers answered
questions from the press regarding Mr. Jenkins and his employment
with the Council. It was noted that the contract would have to
be approved by the County Commissioners.
It was determined that the Council would meet with Mr. Jenkins
either Friday, January 20, 1978 or January 24, 1978.
CITIZENS' CONCERNS: Bob White welcomed those persons to the meeting
who had come to voice concerns about Weld County government.
Norman Brown, President of the Weld County Agricultural Council,
addressed the matter of County-owned severed mineral rights. He
stated that from the information available to the Agricultural
Council it appeared that the County was illegally holding the
mineral rights. He pointed out that the Council did not object
to the Commissioners selling the mineral rights to the highest
bidder. He said that route provided at least the possibility
of the rights returning to the surface owner. If the highest
bidder decided not to develop the minerals and not to pay taxes
on them, the land owner would then have the option of buying the
rights. Though the County receives substantial revenue from owning
1 the rights, Mr. Brown stated that that income is gained illegally.
i Mr. Brown said that he wanted to bring this matter to the public's
attention by bringing it to the County Council.
Mrs. Clark said that it was the County Council 's role to make
sure that the Agricultural Council was being heard by the County
Commissioners and possibly the Council should attempt to expedite
a decision by the County Commissioners.
Mr. Brown also spoke on behalf of himself, as a writer of the
Home Rule Charter. He voiced his disappointment with the way the
Charter was being implemented. He did not feel it was being
implemented in the manner in which the writers intended that it
would be. He thought it was wrong to have a County Attorney who
1 continually criticizes the Charter. He also felt that the County
Council 's proper role was to hear persons who are apparently not
being heard by the County Commissioners. He said he had perceived
the Council as a group that the County Commissioners could utilize,
but it did not seem to be working that way. He appealed to the
Council to work closer with the County Commissioners.
i It was felt by Mr. Brown and some Councilmembers that the Council
had had some degree of over-exposure to the press and that probably
several issues the Council had dealt with had been blown out of
proportion in the media.
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County Council Mi as I'.inr 3
January 17, 1978
Mr. Dick 13orum spoke with the Council about whit ho termed
harassment by the County Planning Department. (Amplification
t. in attachnent.)
1 Mr. Mike Eckstine spoke with the Council regarding County
zoning that makes operating certain small businesses within
the County difficult or impossible. (Amplification in attach-
ment. )
Mr. John Butcher of Briggsdale, Colorado spoke with the Council
regarding the County's Comprehensive Plan that he feels prohibits
development in the County. He also spoke about the Interladco
Law Suit in which certain County personnel are being defended
with County funds. (Amplification in attachment. )
Bob White said that the Council could make no promises to any of
the speakers, but that the Council would review their presenta-
tions. Nancy Clark made a motion that the Council ask Mr. Gary
Fortner and any other members of his staff that would be
appropriate to come to the Council 's February 7, 1978 meeting
and that prior to that time, the Council shall furnish them with
a written summary of the discussion that comes under the Planning
Department that was presented by citizens at today's meeting.
John Martin seconded the motion and it carried unanimously.
There being no further business, the meeting was adjourned.
Respectfully submitted,
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Beverly Thomas ��.c
Council Secretary APPROVED ✓c
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CITIZENS'CONCERNS EXPRESSED AT THE WELD COUNTY COUNCIL MEETING: JANUARY 17, 1 )78
Mr. Dick Borun, of 1 mile north of Firestone, spoke regarding "harassment"
by the Building Department:
I moved in like a pioneer with a travel trailer and the next day built
two rooms onto it until I can build a home, develop the water well, and a
barn and irrigation lake. I moved things out fairly fast and had planned
to get building permits for anything that I put up permanently. On the first
visit by someone from the Building Department, I was told everything I had
was illegal which was impossible because I own the property, the well was
already there before I bought the property, and the power pole was there by
REA before I purchased the property so this could not be illegal.
I had not been in to get permits for the pig shed, the horse barn, and
a home I intend to build; and I can't get a permit for a few days until I
find out whether I can purchase this mobile unit and get it passed by the
County to have as a regular residence. Otherwise, I 'd have to construct
my home first. He agreed all would be okay for a few days and he had my
word that I would be in Hhich I would have been, but he came back out in a
few days and wrote up a red tag saying everying was illegal and he was going
to turn us into the Health Department because we did not have a septic lagoon.
I had already been up here and got a permit for that and was waiting for
a couple of men to get there to do the digging so we could start construction.
Next, I couldn't get the mobile unit passed by the County because the
regulations had not changed yet. Bob Adams was working with me, and the
mobile unit people were telling me that they already had County approval
for it: but I wouldn't buy it until we had County permission.
Now I have permission from the County Commissioners, but while this
was going on there was a County Building Department sign down there posting
a meeting with the County Commissioners to determine whether I would or
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Citizens ' Concerns
January 17, 1978
Page 2
would not be allowed to have this unit as a permanent home. While it was
there, no neighbors were against it, but we had a 100-mile-an-hour wind come
up and the sign came up missing. The same mar. came back and told my son that
he had taken the sign; that there was a $500.00 fine and he was possibly
going to be prosecuted. No one had taken the sign; the sign was in our
favor posting the hearing to allow us to have what we wanted. This was
harassment as far as I 'm concerned; and the buildings that I came in then to
get permits on had nothing to do with the way we were living there while we
are trying to get this home. There was a 12 x 20 building that we have some
pigs in for the kids. He told us we weren't allowed over 99 pigs---more
harassment. He said a box car that I have there to store my things in is
illegal. I came up here and I got a permit for it. If it is illegal how
did I get a permit for it?
We have an outdoor relief house and a little grdhery. We're using
this outdoor building until we get this septic system finished. There was
alot of cain raised about that. I am out there in the country; I am not
here in Greeley. He said that there was not another one in the state
which I doubt. That is about all I have to say about harassment. I think
these people should work with people and take peoples' word until you
prove yourself different. That is the time to take action if they are doing
something wrong.
Right near me some people live who have almost the worst junkyard I
have ever seen in this state and the County man had a complaint about my
place; though the neighbors were not complaining. I suggested that he give
some attention to the place nearby that has been there for five years. He
said it was going to be red-tagged. I think they should work a little more
with the people.
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Citizens ' Concerns
January 17, 1978
I age 3
I had .a licensed electrician instn] 1 me a sower hoz on Lite power pole.
I worked with REA and I did not want another pole. He told me to stay 7' away
from the high lines and we used the existing pole so we can go underground to
the house. The $400.00 deal was passed with a 200 AMP box so I could have a
welder. The Building people came out and the box was passed. I plugged in the
travel unit and hooked the well up and County people came back out and said it
never should have been passed.
As you know if I had hooked up to a shop and the well it would have been
okay. It has nothing to do with me living in the travel unit which is not
up to Hoyle, of course, but we are just doing this until we get the home up.
It was legal that I had it because they had passed it. I am doing a bit
differently than people normally do--build and then move out. I need someone
to work with me; not someone to come and tell me one thing and come back and
tell me something different. I could do without the harassment.
I like people to believe what I say. I think I am in a position to move
a travel trailer and a toliet and hook up a well without harassment from the
County as I have been with the power company' for thirty years, and have been
president of an irrigation company for thirty years, and a cattle rancher.
When I come in and get permits on the same things they tell me are illegal
something is not right. If I shouldn't have them there, I shouldn't be
able to come in and get permits. I want to be in the country and to have
these things----and I hope to get along in Weld County.
I am having trouble getting the deed cleared up as five different
people are in on the property. I cannot move a mobile out there until the
deed is cleared up even though I have the County Commissioners ' approval
to move it there so in the meantime I don't need any smoke. I am not
going to harm anyone.
I think this treatment is a common occurence. My neighbors house was
Citizens ' Concerns
January 17, 1978
Page 4
burned and they were told they couldn't live in their travel trailer while
their house was being repaired. That is enough trouble, having your house
fire-gutted, without having someone telling you to move off your own land.
I have to clear the title of the property before I can get my mobile
unit and then I will get my permit. The County Commissioners have agreed
unanimously to give me the permit. I have trouble only with the Building
Department. I don't like them coming out and threatening the family and
threatening things that are unnecessary.
I have not received abuse from all personnel in the Building Department.
. . just the chief and one person. The zoning persons have been helpful.
I have asked permits for temporary barn, feed shed, box car, pig
house. It has got nothing to do with how I am living there. I could live
in a tent--it is my land. They don't want to issue permits because of
how I am living there. The two are not necessarily connected. I have permits
on those same buildings that they said were illegal. They are not illegal.
Mr. Mike Eckstine of County Road 19, employee of Burch Electric in Ft. Lupton,
spoke regarding County zoning.
Mr. Eckstine wondered if the County is trying to run industry out of
the County. I realize major industries must be located around towns, but
alot of the smaller welding businesses cannot find large barns to work out
of, at least in Ft. Lupton. They go out in the country and call us to upgrade
their wiring to make a barn safe that they have been able to rent from a farmer.
The Building Department then comes out and shuts them down and runs them out.
It doesn't make sense to me. Are they trying to run business out of the
County? They are run out because the area is zoned for agriculture rather
than for commercial. However, it seems to me, that farmers are not making
enough anyway, so they should be allowed to rent to these short-term
Citizens ' Concerns
January 17, 1978
Page 5
businesses that service oil companies. ` If they did not upgrade the buildings
and have them made safe, the County would never hear about it. I do not
think the small business man realizes he is getting into all the zoning
problems. I think there should be flexibility. I realize big industry
should be located around towns; but I think small industry should be
considered on its own merits rather than falling under inflexible rules.
To get a special use permit each case is weighed on its own merits, but
so much money must be spent to upgrade the facilities and it should not
have to be spent on a "maybe". This money must be spent for drainage
studies, engineers, and on a "maybe" that it will be approved. Before
several thousand dollars are spent you should be able to get an idea of
whether you will be issued the permit.
Mr. John Butcher of Briggsdale spoke regarding the Weld County Comprehensive
plan which does not include developing areas of the County not adjacent to
towns and cities.
If you oo into the green area of the Comprehensive Plan that allows
for development in the County, you find that these areas are not truly ready
for development as they were suppose to be at the time the plan was set up.
Now, if you want to develop anywhere in a green area the County Planner
tells you to take it to the city as any such development must be done with
the blessing of the. city. When you go to see the city planner, you are
told that the area is ready for development just as soon as it has city
streets, sewer, water and is annexed. You are told after the year 2000 you
may get these things done. There is no way you can develop the green areas
in the Comprehensive Plan.
You could file a subdivision plan and spend 5 to 10 thousand dollars
to get it before the County and I will guarantee you it will be turned down.
You don't have a County development plan; you have a city development plan.
Citizens ' Concerns
January 17, 19'/R
Page 6
When I first went in the Planning Department they hid three people and
you were able to get a subdivision processed in 30 to 60 days. Now we have
25 to 30 people that cost $1000.00 per day and we have no subdivisions. There
have been no subdivisions approved in the last four years.
We have no way to develop anything in this County. Larimer County is
growing at a rate of 3 to 4 times what we are and even Morgan County is
growing and Weld County is absolutely dead.
I went in with the Stizman farm which is wasteland on the north side.
It would hurt nothing to develop it on acre or city sites. You walk in
there with your map and they say go see the city. Everyone is friendly,
they just don't do anything. They have determined that as part of the
Comprehensive Plan that Weld County population in unincorporated areas
will decrease in coming years---when the unincorporated areas are populated
they will be in the cities.
The average citizen has not had a fair input into the planning
program. I attended 4/5 of the meetings that were held to institute the
Comprehensive Plan. They were held at Island Grove and there were nearly
riots at the meetings. They would have 280 people vote against the proposals
and maybe 2 or 3 would vote for them and they would table them. They would
table the Plan at every public meeting. Then they went to several small
communities and held hearings and then said, "This is now our Comprehensive
Plan. " There was input, but no one would listen.
I know that the County has had one or two people employed for five
years trying to just identify the mobile homes in the County? For what?
There is equality. Everyone gets nothing. I agree that you can take
your 10-acre parcel and the County Commissioners may let you put a house
on it, but- if they don't like you you won't even get that. They'll say
we don t want to send a sleriff out there.
Citizens ' Concerns
January 17, 1978
Page 7
Another super-con job on the residents of Weld County to pacify the
people making all the noise at those meetings is the Minor Subdivision
Exemption. It said that ANYONE could subdivide 35 acres, a legal tract.
That was part of the Comprehensive Plan and it said you could divide any
35-acre parcel into two parcels if you had sewer, water electricity, and
easements to roads. You have an absolute right to do this. So it quieted
down the people and it passed.
Now there is a new rule--If you, Mr. White own 4,000 acres, we will
let you do that on a 35-acre parcel once. And every 5 years thereafter
you can divide each of those parcels into two more parcels. Rut if you
own 4,000 acres you can do it only on 35 acres one time---that is the
rule now. Now they are saying that maybe you can only divide -4; of that
once more. There is no flexibility. They told us at the time that, any
legal parcel; that Bob White could have 4,000 acres divided by 35,
divided by two lots, divided by 2 lots if he wanted to legally. Now he
can have 2 lots out of the 4,000 acres. This Planning Department does
nothing that the cities do not want them to do.
There is another major flaw in the County setup. You can buy a
35-acre piece of ground in the green zone or the agriculture zone, and
you cannot put a house on it though that would be legal by state law and
in any other County in the state.
Mr. Butcher also spoke about the Interladco Lawsuit.
This suit was filed previous to the Comprehensive Ilan. inter]adeo
sued all the County Commissioners, all the Planning Commission members,
Burman Lorenson and some of the planning staff. Maybe I am wrong, but
maybe this should be checked out: Burman hired an attorney of his own,
as did Roth, and Sam Telep handled his own defense, and there may be a
Citizens ' Concerns
January 17, 197£3
Page £3
couple of other people who hired their own lawyers, hut all of the rest of
the persons are using County funds for their own personal defense and that
is alot of money. Should not those people be picking up some of the
legal fees? The Court has already found they were acting illegally. They
were acting beyond their authority. They had rules and regulations and
they ignored them. Why do some pay their own legal fees and some ride
along with the County? That is alot of expense to the County.
If you can take all the people in the planning staff and Planning
Commission and prove that they are doing what the rules and regulations
say, then spend all the money you need to defend them. But that is not
the fact here. The Judge has already determined that they broke their
own law by acting beyond the scope of their authority. They broke their
own law. It is simply illegal. Telep is the only one who told them that
they could not do it.
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