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Home My WebLink About20002916.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO NOVEMBER 20, 2000 TAPE#2000-33 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, November 20, 2000, 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 M. J. Geile, Pro-Tern Commissioner George E. Baxter Commissioner Dale K. Hall Commissioner Glenn Vaad Also present: County Attomey, Bruce T. Barker Acting Clerk to the Board, Esther E. Gesick Director of Finance and Administration, Donald D. Warden MINUTES: Commissioner Geile moved to approve the minutes of the Board of County Commissioners meeting of November 15, 2000, as printed. Commissioner Hall seconded the motion, and it carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Baxter moved to approve the Certification of Hearings conducted on November 15, 2000, as follows: 1) A Site Specific Development Plan and Planned Unit Development Final Plan,S#563,Greeley-Weld County Airport Authority;and 2)Change of Zone#541 from the A(Agricultural)Zone District to the PUD(Planned Unit Development)Zone District,John and Charlotte Carlson, Go Torn Honn. Commissioner Hall seconded the motion, which carried unanimously. ADDITIONS TO AGENDA: The following was added under New Business: 12) Consider License and Exchange Agreement for Geographic Data and authorize Chair to sign-North Weld County Water District [2000-2917] CONSENT AGENDA: Commissioner Vaad moved to approve the consent agenda as printed. Commissioner Baxter seconded the motion, and it carried unanimously. PUBLIC INPUT: There was no public input. 2000-2916 BC0016 WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants for approval by the Board: All Funds $227,431.71 Electronic Transfers -All Funds $597.04 Commissioner Hall moved to approve the warrants as presented by Mr. Warden. Commissioner Geile seconded the motion, which carried unanimously. NEW BUSINESS: CONSIDER TWO PETITIONS FOR ABATEMENT OR REFUND OF TAXES AND AUTHORIZE CHAIR TO SIGN-PATINA OIL AND GAS CORPORATION: Bruce Barker,County Attorney,stated the Assessor's Office recommends approval of the abatement request for 1998 and 1999 as indicated on the Petition. Commissioner Hall moved to approve said petitions and authorize the Chair to sign. Commissioner Geile seconded the motion, which carried unanimously. CONSIDER INCREASE CHANGE FUND FOR FORT LUPTON BRANCH OF CLERK AND RECORDER, MOTOR VEHICLE DIVISION: Mr. Warden stated the Clerk and Recorder's Office needs an additional cash drawer at the Fort Lupton branch in the amount of$30.00. Commissioner Baxter moved to approve said Resolution. Seconded by Commissioner Geile, the motion carried unanimously. CONSIDER RESCINDING RESOLUTION #2000-2465 REGARDING TEN PURCHASE OF SERVICES AGREEMENT WITH VARIOUS PROVIDERS AND AUTHORIZE CHAIR TO SIGN: Mr. Warden stated one of the items included in the Resolution should have been considered separately. Esther Gesick, Deputy Clerk to the Board, stated the item to be excluded is a contract with the Colorado Department of Public Health and Environment, and the two following items of business split the items in this resolution accordingly. Commissioner Geile moved to rescind Resolution #2000-2465. The motion, which was seconded by Commissioner Hall, carried unanimously. CONSIDER NINE PURCHASE OF SERVICES AGREEMENTS WITH VARIOUS PROVIDERS AND AUTHORIZE CHAIR TO SIGN: Commissioner Baxter moved to approve said agreements and authorize the Chair to sign. Seconded by Commissioner Vaad, the motion carried unanimously. CONSIDER CONTRACT FOR CHILD AND ADULT CARE FOOD PROGRAM AND AUTHORIZE CHAIR TO SIGN:Walt Speckman, Director of Human Services,stated this contract will provide for reimbursement for providing childrens meals. Commissioner Vaad moved to approve said contract and authorize the Chair to sign. Seconded by Commissioner Hall, the motion carried unanimously. CONSIDER FOOD DISTRIBUTION AGREEMENT FOR COMMODITY SUPPLEMENTAL FOOD PROGRAM AND AUTHORIZE CHAIR TO SIGN: Mr. Speckman stated this is an ongoing agreement with the State to operate the Supplemental Foods Program. He explained this is done in conjunction with the Weld Food Bank which distributes the food. Commissioner Vaad moved to approve said agreement and authorize the Chair to sign. The motion was seconded by Commissioner Baxter, and it carried unanimously. CONSIDER APPLICATION FOR FEDERAL ASSISTANCE FOR HEAD START EXPANSION CONTINUATION GRANT AND AUTHORIZE CHAIR TO SIGN: Mr. Speckman stated the is the annual continuation application which is inclusive of expansion work at Dos Rios and Frederick. Commissioner Vaad moved to approve said application and authorize the Chair to sign. Commissioner Geile seconded the motion, which carried unanimously. Minutes, November 20, 2000 2000-2916 Page 2 BC0016 CONSIDER APPOINTMENT TO EXTENSION ADVISORY COUNCIL: Commissioner Vaad moved to appoint Colleen Flack to the Extension Advisory Council to replace Eric Wilkerson, with a term expiring November 1, 2003. Commissioner Geile seconded the motion, which carried unanimously. CONSIDER APPOINTMENT TO NORTH COLORADO MEDICAL CENTER BOARD OF TRUSTEES: Commissioner Baxter moved to appoint Kay Drake to the North Colorado Medical Center Board of Trustees to replace Rodney Guerrieri, with a term expiring January 8, 2002. The motion, which was seconded by Commissioner Geile, carried unanimously. CONSIDER PROPOSAL FOR DOORS AT CENTENNIAL CENTER AND AUTHORIZE CHAIR TO SIGN- A AND M GLASS, INC.: Mr. Warden stated this is a change order for the large bronze doors of the Centennial Center to install doors which are accessible for the disabled. In response to Commissioner Geile, Mr. Warden stated the current doors are too heavy and the previous automatic door has been converted into an emergency exit due to the new security arrangement. Commissioner Geile moved to approve said proposal and authorize the Chair to sign. Seconded by Commissioner Vaad, the motion carried unanimously. CONSIDER COUNTY SUBSIDY PAYMENT DISTRIBUTION FORM AND CONTRACT RENEWAL LETTER #3 FOR STATE EMERGENCY MEDICAL SERVICES SUBSIDY FUNDS AND AUTHORIZE CHAIR TO SIGN: Mr. Warden stated the County has received funds for the past few years. He stated they were not expecting the funding this year; however, it was granted in the amount of $15,092.33. Commissioner Geile moved to approve said form and contract renewal letter#3 and authorize the Chair to sign. Seconded by Commissioner Hall, the motion carried unanimously. CONSIDER LICENSE AND EXCHANGE AGREEMENT FOR GEOGRAPHIC DATA AND AUTHORIZE CHAIR TO SIGN - NORTH WELD COUNTY WATER DISTRICT: Mr. Barker stated this is the standard agreement for sharing GIS data. He added the North Weld County Water District will provide information on the location of water lines. Commissioner Baxter moved to approve said agreement and authorize the Chair to sign. Commissioner Geile seconded the motion. In response to Commissioner Geile, Mr. Barker stated this is the first agreement with a water district; however, other have expressed their interest. The motion carried unanimously. PLANNING: CONSIDER AMENDED RECORDED EXEMPTION #2490 - VIRGIL AND LINDA KAPPERMAN: Julie Chester, Department of Planning Services,gave a brief description of the location of the site,and she read a letter to the Board, dated November 16, 2000, into the record. In response to Commissioner Hall, Ms. Chester stated Lot A is 34.9, and has a well, and Lot B is 45.1 acres on which the applicant is trying to amend the Lot to obtain a well permit. She stated the lot boundary for the existing well crosses onto Lot B,which results in denial of a well permit by the Division of Water Resources. Commissioner Baxter stated the boundary for the well was originally approved along the western end of the 80-acre parcel, and then the parcel was split by a Recorded Exemption which placed the boundary line within the well area. He further stated the only way to remedy the situation is to adjust the lot lines; however, the applicant must own 35 acres to apply for an amendment. Andy Jones, attorney, represented the applicant and stated they are requesting to move the lot line for the 34.9-acre parcel north to result in a 35-acre parcel. He explained there are two types of exempt wells. One allows in-house uses, as well as outside uses if the parcel is 35 acres or more. The other is for in- house only when the parcel is 35 acres or less. Mr.Jones drew a diagram,marked Exhibit A,showing how the parcel is split, where the well boundary, or footprint, is and where the well boundary will be once the lot is enlarged. The owners of the 80-acre parcel applied for Recorded Exemption #2490, demonstrated that they had adequate water, in accordance with Section 11.8.1, and they were granted lots A and B as Minutes, November 20, 2000 2000-2916 Page 3 BC0016 they currently exist. In response to Commissioner Geile, Mr. Jones indicated the location of Weld County Road 93. He stated the applicants purchased Lot B, and applied for a well; however, their request was denied because the previous well permit eliminated approximately 22 acres of area from Lot B. Mr. Jones stated the Division of Water Resources is not willing to readjust the previous well footprint unless Lot A is 35 acres in size. The County Attorney's Office has indicated the Weld County Subdivision Ordinance requires that one of the Recorded Exemption lots be 35 acres or less; however, based on these circumstances, changing Lot A to 35 acres,will free up more than 35 acres for the applicants, so they can proceed to get a well permit. Mr. Jones reviewed the criteria listed in Section 11.5.1 of the Subdivision Ordinance and stated this proposal is consistent. He further stated if this request is denied the Kappermans will lose a lot of their investment because they have purchased a modular which has already been sitting for one year, and they will have to resort to court proceedings. Mr. Jones said he has been working on this issue for 15 months. In response to Mr. Barker, Mr. Jones stated the Division of Water Resources reiterated there must be a plat indicating the lot is at least 35 acres in size. Mr. Barker referred to Section 14 of the Subdivision Ordinance regarding variances. He stated to remedy the situation, the Board needs to indicate that if approved, the action does not set a precedent and the motion was made to remedy a situation. Chair Kirkmeyer commented that if the lots had been divided differently to accommodate the well footprint, there would not have been a problem. Commissioner Baxter commented he spoke with the applicant and their representative several months ago, and the Division of Water Resources has been clear on its regulations and the applicant has no other options. In response to Commissioner Geile,Ms.Chester stated staff adds the language indicated in Condition of Approval#2.F.4 as a note on the plat so that as parcels are reduced from 80 acres to two lots of a Recorded Exemption, it eliminates the problem of receiving a deed for an 80-acre parcel that has been divided into two lots. To receive a building permit, the applicant must provide a deed for each lot specifically. Responding to Commissioner Geile, Mr. Jones stated there is a survey on the property, and suggested staff review the property for any existing well footprints. Chair Kirkmeyer stated the applicant is required to provide evidence that there is adequate water for both lots of a Recorded Exemption. Ms. Chester stated this case has resulted in staff requiring a note on the plat indicating that one lot may only get a well for in-house use since the Subdivision Ordnance requires one of the lots be less than 35 acres in size. Responding to Commissioner Geile, Mr.Jones stated the Kappermans purchased the lot from a realtor also representing the land owner. Commissioner Baxter stated the previous property owners had no intention of dividing the property, so the location of the well footprint was not an issue for them. Mr. Jones stated the previous property owners are supporting this request as well. No public testimony was offered concerning this matter. In response to Chair Kirkmeyer, Mr. Jones stated he and the applicant have reviewed and agree with the Conditions of Approval. Commissioner Baxter moved to approve Amended Recorded Exemption #2490 for Virgil and Linda Kapperman with the Conditions of Approval as recommended by the Department of Planning Services staff. Commissioner Geile seconded the motion based on premise that this situation meets the criteria of Section 14.1 of the Subdivision Ordinance regarding a variance based on a hardship, and that this action is not intended to set a precedent, but solely to remedy a hardship. 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. Minutes, November 20, 2000 2000-2916 Page 4 BC0016 There being no further business, this meeting was adjourned at 9:40 a.m. BOARD OF COUNTY COMMISSIONERS W LD COUNTY, COL RADO ATTEST: mod•. j pro` Barbara J. I kmey r, Chair Weld County C erk to the Boa V� kaa Y t 1861 M. J. eile, Pro-Tern BY: De• ty Clerk to the r e . Baxter Dale K. Hall A // Glenn Vaad Minutes, November 20, 2000 2000-2916 Page 5 BC0016 Hello