HomeMy WebLinkAbout941418.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JANUARY 10, 1994
TAPE 494-02 & #94-03
The Board of County Commissioners of Weld County, Colorado, met
in regular session in full conformity with the law and bylaws of
said Board at the regular place of meeting in the Weld County
Centennial Center, Greeley, Colorado, January 10, 1994, at the
hour of 9:00 A.M.
ROLL CALL: The meeting was called to order by the Chairman and on roll call
the following members were present, constituting a quorum of the
members thereof:
Commissioner W. H. Webster, Chairman
Commissioner Dale K. Hall, Pro-Tem
Commissioner George E. Baxter
Commissioner Constance L. Harbert
Commissioner Barbara J. Kirkmeyer
Also present:
Weld County Attorney, Bruce T. Barker
Acting Clerk to the Board, Carol Harding
Finance and Administration Director, Don Warden
MINUTES: Commissioner Hall moved to approve the minutes of the Board of
County Commissioners meeting of January 5, 1994, as printed.
Commissioner Kirkmeyer seconded the motion, and it carried
unanimously.
CERTIFICATIONS
OF HEARINGS: Commissioner Hall moved to approve the hearings conducted on
January 5, 1994, as follows: 1) Hearing to consider waiving 45-
day time requirement and renewal of 3.2% Beer License for
Florinda Pesina and Lupe Pesina, dba Pesina's Cafe;
2) Closure/Post-Closure Plan for Central Weld/Greeley-Milliken
Landfill, Waste Services Corporation; 3) Special Review Permit
for an accessory structure larger than 1,500 square feet on a
lot in a subdivision in the A (Agricultural) Zone District, Gary
and Dorothy Bjorklund; 4) Special Review Permit for a single
family dwelling on a lot less than the minimum lot size in the
A (Agricultural) Zone District, Thomas G. and Beverly Trostel;
and 5) Change of Zone from A (Agricultural) to E (Estate) ,
William and Charles Jerke. Commissioner Baxter seconded the
motion, and it carried unanimously.
ADDITIONS: There were no additions to today' s agenda.
CONSENT AGENDA: Commissioner Hall moved to approve the consent agenda as
printed. Commissioner Baxter seconded the motion, and it
carried unanimously.
COMMISSIONER
COORDINATOR
REPORTS: Commissioner Harbert reported the Social Services Committee
approved the CCI amendment to reorganize by a substantial
margin. Therefore, HB1372 should be wiped out by the
Legislature.
PUBLIC INPUT: There was no public input.
Q41418
WARRANTS: Don Warden, Director of Finance and Administration, presented
the following warrants for approval by the Board:
General Fund $ 354,083.33
Handwritten warrants:
Payroll Fund $ 225,828.37
Commissioner Baxter moved to approve the warrants as presented
by Mr. Warden. Commissioner Kirkmeyer seconded the motion,
which carried unanimously.
BUSINESS:
NEW: CONSIDER INTERDEPARTMENTAL AGREEMENT BETWEEN HUMAN RESOURCES'
AREA AGENCY ON AGING AND SOCIAL SERVICES AND AUTHORIZE CHAIRMAN
TO SIGN: Walt Speckman, Director of Human Resources, explained
said agreement is to facilitate a single point of entry between
Social Services and the Human Resources Department for services
to the aging. The term of said agreement is January 7, 1994, t.o
February 16, 1994. Commissioner Harbert moved to approve said
agreement and authorize the Chairman to sign. Seconded by
Commissioner Hall, the motion carried unanimously.
CONSIDER COORDINATION AGREEMENT BETWEEN SCHOOL DISTRICT 6 AND
FENWC AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Speckman explained
said agreement is an on-going contract, with only minor changes
from last year. The term of said agreement is September 1,
1993, through August 31, 1994. Commissioner Harbert moved to
approve said agreement and authorize the Chairman to sign.
Seconded by Commissioner Baxter, the motion carried unanimously.
CONSIDER PURCHASE OF SERVICES AGREEMENT BETWEEN FENWC AND PLAN
DE SALUD DEL VALLE AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Speckman
explained said agreement is to provide health and dental
services for the Head Start centers located in Frederick and
Hudson. The term of said agreement is January 1, 1994, through
December 31, 1994. Commissioner Harbert moved to approve said
agreement and authorize the Chairman to sign. Seconded by
Commissioner Baxter, the motion carried unanimously.
CONSIDER LEASE AGREEMENT BETWEEN FENWC'S HEAD START PROGRAM AND
TRINITY HOUSING CORPORATION AND AUTHORIZE CHAIRMAN TO SIGN: Mr.
Speckman explained said lease agreement is for the Head Start
site at Island Grove. The term of said agreement is October 1,
1993, through June 15, 1994. Commissioner Harbert moved to
approve said agreement and authorize the Chairman to sign.
Seconded by Commissioner Kirkmeyer, the motion carried
unanimously.
CONSIDER FOUR PURCHASE OF SERVICE AGREEMENTS BETWEEN FENWC AND
VARIOUS LOCAL DENTISTS AND AUTHORIZE CHAIRMAN TO SIGN: Mr.
Speckman explained said agreements, with Dr. Gilbert Sydney, Dr.
Dwaine Kurtz, Dr. Robert Bender, and Dr. Robert Kron, are to
provide dental services for Head Start children. The term of
each agreement is January 1, 1994, through December 31, 1994.
Commissioner Harbert moved to approve said agreements and
authorize the Chairman to sign. Seconded by Commissioner
Baxter, the motion carried unanimously.
Minutes - January 10, 1994
Page 2
CONSIDER AGREEMENT FOR HEALTH EDUCATION CONFERENCE FOR HISPANIC
ELDERS BETWEEN HUMAN RESOURCES' AREA AGENCY ON AGING AND
CATHOLIC COMMUNITY SERVICES NORTHERN AND AUTHORIZE CHAIRMAN TO
SIGN: Mr. Speckman explained said agreement is to provide a
one-day conference in conjunction with Cinco de Mayo emphasizing
health awareness programs, speakers, and health screening with
emphasis on Hispanic elders. The term of said agreement is
January 10, 1994, through December 31, 1994. Mr. Speckman
stated this is the pilot year for this program. Commissioner
Harbert moved to approve said agreement and authorize the
Chairman to sign. Seconded by Commissioner Kirkmeyer, the
motion carried unanimously.
CONSIDER AGREEMENT FOR DIABETES EDUCATION PROGRAM BETWEEN HUMAN
RESOURCES' AREA AGENCY ON AGING AND PLAN DE SALUD DEL VALLE AND
AUTHORIZE CHAIRMAN TO SIGN: Mr. Speckman explained said
agreement is to purchase diabetes education classes for the
communities of Hudson, Frederick, Platteville, and Fort Lupton.
The term of said agreement is January 10, 1994, through December
31, 1994. Commissioner Kirkmeyer moved to approve said
agreement and authorize the Chairman to sign. Seconded by
Commissioner Harbert, the motion carried unanimously.
CONSIDER SEVEN PURCHASE OF SERVICES AGREEMENT AMENDMENTS BETWEEN
HUMAN RESOURCES' AREA AGENCY ON AGING AND VARIOUS LOCAL AGENCIES
AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Speckman explained these
are the agreements necessary to provide services as specified in
the Area Agency on Aging Plan for 1994. Commissioner Harbert
moved to approve said agreements and authorize the Chairman to
sign. Seconded by Commissioner Hall, the motion carried
unanimously.
CONSIDER PURCHASE OF USED CRUSHING AND SCREENING PLANT FROM
POWER EQUIPMENT COMPANY: Commissioner Baxter moved to approve
said purchase. Seconded by Commissioner Kirkmeyer, the motion
carried unanimously.
CONSIDER TEMPORARY CLOSURE OF WELD COUNTY ROAD 78 BETWEEN WELD
COUNTY ROAD 35 AND HIGHWAY 85: Commissioner Kirkmeyer moved to
approve said closure. Seconded by Commissioner Hall, the motion
carried unanimously.
CONSIDER POLICY REGARDING TEMPORARY CLOSURE OF WELD COUNTY ROADS
FOR PERIODS OF 72 HOURS OR LESS: Bruce Barker, County Attorney,
explained the proposed policy. Commissioner Hall moved to
approve said policy. Seconded by Commissioner Kirkmeyer, the
motion carried unanimously. Commissioner Kirkmeyer confirmed
with Mr. Barker that the Assistant Director of Road and Bridge
is the proper person to handle this until a Public Works
Director is appointed.
CONSIDER APPOINTMENT TO NORTH FRONT RANGE WATER QUALITY PLANNING
ASSOCIATION: Commissioner Baxter moved to appoint Jeff Stoll,
Director of Environmental Protection, as an alternate on the
North Front Range Water Quality Planning Association. Seconded
by Commissioner Hall, the motion carried unanimously.
CONSIDER APPOINTING COMMISSIONER KIRKMEYER AS PROXY TO ATTEND
THE LUPTON BOTTOM DITCH COMPANY'S ANNUAL MEETING: Commissioner
Hall moved to approve said appointment. Seconded by
Commissioner Baxter, the motion carried unanimously.
Minutes - January 10, 1994
Page 3
PLANNING: CONSIDER RESOLUTION RE: VIOLATIONS OF THE BUILDING CODE
ORDINANCE - SYLMAR MANOR MOBILE HOME PARK, Y00, SOUTHGATE MOBILE
HOME PARK, WAGNER, BAKER, AND OSTERMILLER: Commissioner Baxter
moved to approve this Resolution authorizing the County Attorney
to proceed with legal action against Sylmar Manor Mobile Home
Park, Jin Hyeng Yoo, Southgate Mobile Home Park, Ruben Wagner,
Joan Baker, and Pete and Margaret Ostermiller for violations of
the Weld County Building Code Ordinance. Commissioner Kirkmeyer
seconded the motion, and it carried unanimously.
CONSIDER REQUEST FOR PREADVERTISEMENT OF A SPECIAL REVIEW PERMIT
APPLICATION - WOMACK: Mr. Barker explained the policy for said
request. Commissioner Harbert moved to approve preadvertisement
and set the hearing date for February 9, 1994, at 10:00 a.m.
Seconded by Commissioner Baxter, the motion carried unanimously.
CONSIDER SETTING HEARING DATE FOR FORT JUNCTION PUD LAW
ENFORCEMENT AUTHORITY: Commissioner Hall moved to set said
hearing on January 31, 1994, at 9:00 a.m. Seconded by
Commissioner Kirkmeyer, the motion carried unanimously.
(Let the record reflect Lee Morrison is now the attorney of
record. )
CONSIDER RE 111562 - KRAMER: Monica Daniels-Mika, Department of
Planning Services, presented staff's unfavorable recommendation.
She stated the Town of Fort Lupton has also recommended denial
of said application, in addition to the City of Brighton. In
response to a question from Commissioner Harbert, Ms. Daniels-
Mika explained the access from Weld County Road 4 is on a
private road which runs north to another private road, which is
referred to as Weld County Road 4.25. At the present time there
is no access onto Lot A from Road 4.25. Brad Coover, Attorney
representing the applicant, explained the intent of the request
is to sell proposed Lot A, which contains a modular home; and
retain proposed Lot B, which contains the applicant's home. Mr.
Coover stated the proposed use for Lot A is agricultural, and
clarified the City of Brighton's letter indicating denial is
from an assistant to the Director of Planning, not the Planning
Commission. Mr. Coover reiterated the intent of the applicant
to Commissioner Kirkmeyer; and explained there is a new well on
Lot A for use on the 4.5-acre parcel, an old well on the 3. 5-
acre parcel previously split off, and a permitted well for the
29-acre parcel. Larry Kramer, applicant, explained the well on
Lot B supplies water to his residence on Lot B, as well as
Victor Kramer's home, which is located west of proposed Lot A.
Commissioner Kirkmeyer questioned whether the Division of Water
Resources would allow a well which is permitted for the entire
acreage to be used for the smaller parcel only. Ms.
Daniels-Mika referred to the Division of Water Resources letter
stating there is only one well on the two lots. Mr. Morrison
questioned whether or not the applicant asked if he would be
allowed to use the well for either parcel if split. Mr. Coover
clarified the confusion concerning the wells by the Division of
Water Resources was created in part, by a well dug in 1945 which
was not registered. Further complicating matters was another
well for which two separate permits were issued. Commissioner
Kirkmeyer clarified there is not a letter at this time assigning
the well to proposed Lot A. Commissioner Hall questioned Mr.
Coover and Mr. Kramer concerning the easement agreement. Mr.
Coover stated Victor Kramer agreed the applicant can use his
easement for access onto both properties. Commissioner Hall
verified it is Victor Kramer who has access, not Larry Kramer.
Barbara Brookman, proposed purchaser of Lot A, was represented
by Vincent Phelps, Attorney. Mr. Phelps reiterated a staff
member of the Brighton Planning Department submitted an
unfavorable letter regarding this matter, not the Brighton
Minutes - January 10, 1994
Page 4
Planning Commission. He also clarified the State Engineer is
now granting approval of the wells, because one is deep and one
is shallow; and discussed the access easement which is for the
adjacent property on the east side of proposed Lot B. Mr.
Phelps indicated there is one share of water being sold with
proposed Lot A, and stated Dan Dryer, surrounding property
owner, has indicated no objection to this proposal. He also
stated it has been five years since the last Recorded Exemption,
therefore, that specific requirement has been met. In response
to Commissioners Harbert and Kirkmeyer, Ms. Brookman stated she
intends to rent the modular home on the lot, as well as the farm
ground. In response to a question from Commissioner Kirkmeyer,
Mr. Phelps stated there is no one living in the modular home at
present, there is a problem with the permits, and the matter is
presently in court. In response to Mr. Morrison's question
regarding access, Mr. Coover stated the applicant is willing to
supply a letter from Mr. Kitteyama, a property owner in the
area, confirming access has been granted as a Condition of
Approval. Further discussion ensued regarding access, deeded
easements, prescriptive rights, and use by right. Mr. Morrison
stated without an agreement the total issue remains unclear.
Don and Mary Truax, who owns property which is bordered on three
sides by this property, spoke in opposition. Ms. Truax stated
there is a dry-up agreement and the ditch company will not open
the headgate for one share. She feels the water is inadequate
and questions whether the State Engineer's office is completely
satisfied. She explained Mr. Kittyama cannot grant access
because he does not own the road, and there is no access to
proposed Lot B for fire or farming equipment. Ms. Truax stated
the modular home referred to by the applicant is a double wide
trailer, not a modular, and she said the only reason for the
request is financial gain. She pointed out that the previous
Recorded Exemption, which created their property, split off a
parcel of land with its own house, barn, and outbuildings. Stan
Hiller, surrounding property owner, stated his property is just
south of the requested split, and his mother owns the property
south of him; furthermore, the north/south road which accesses
onto road 4.25 belongs to them. He agreed with everything Mr.
and Mrs. Truax stated and said Fulton Ditch Company will not
open the headgate for less than five shares. He stated, for the
record, he is not in favor of granting an easement for this
property. Mr. Hiller presented a survey of his property which
shows an overlap in legal descriptions of 9.75 inches. Duane
Bowman, surrounding property owner, stated Victor Kramer has
access, not Larry Kramer, and this proposal is for financial
gain, not for agricultural use. Mr. Coover pointed out the
speakers have the same access they wish to deny Mr. Kramer and
discussed prescriptive use. He said if a problem remains with
the well, the applicant is willing to have a Condition of
Approval added regarding same. He stated Ms. Brookman has a
lease purchase agreement for this parcel. Mr. Coover answered
questions raised during public testimony. (Changed to Tape
#94-03 during Mr. Coover's rebuttal. ) Mr. Morrison commented on
the dry-up covenant, which the County holds. Mr. Phelps
responded to the questions raised. After further discussion,
Commissioner Hall moved to deny RE #1562, based on the policies
and procedures set for Board action, the unfavorable referral
from the City of Brighton, concerns over the water, questions
regarding access, and in order to protect the zone district.
Commissioner Kirkmeyer seconded the motion, citing Section
11.5. 1 of the Weld County Subdivision Ordinance, which says the
applicant shall demonstrate conformance with the Weld County
Comprehensive Plan and any adopted municipal plan. She also
referred to the intent of the Recorded Exemption process which
she does not feel has been met. On a roll call vote, the motion
carried unanimously.
Minutes January 10, 1994
Page 5
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
10:45 A.M.
A p �I APPROVED:
ATTEST:A /' l/ ,' ( // /! �J BOARD OF COUNTY COMMISSIONERS
�� ,� �. � WELD COUNTY, COLORADO
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JJry
Weld County Clerk to the Board l 1\/ J!� �iei'd' f
W. . Webster, C airman
By: �� C�/x 4!1 ::_r;
Deputy lerkk -to the Board Dale y Hall
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gorge E" Baxter
Coitance L. Harbert
/Harbara J. Kirkmey r 7
Minutes - January 10, 1994
Page 6
RECORD OF PROCEEDINGS
MINUTES
BOARD OF SOCIAL SERVICES
WELD COUNTY, COLORADO
JANUARY 10, 1994
TAPE #94-03
The Board of County Commissioners of Weld County, Colorado, met
in regular session as the Board of Social Services in full
conformity with the law and bylaws of said Board at the regular
place of meeting in the Weld County Centennial Center, Greeley,
Colorado, January 10, 1994, at the hour of 9:00 A.M.
ROLL CALL: The meeting was called to order by the Chairman and on roll call
the following members were present, constituting a quorum of the
members thereof:
Commissioner W. H. Webster, Chairman
Commissioner Dale K. Hall, Pro-Tem
Commissioner George E. Baxter
Commissioner Constance L. Harbert
Commissioner Barbara J. Kirkmeyer
Also present:
Weld County Attorney, Bruce T. Barker
Acting Clerk to the Board, Carol Harding
MINUTES: Commissioner Kirkmeyer moved to approve the minutes of the Board
of Social Services meeting of January 5, 1994, as printed.
Commissioner Hall seconded the motion, and it carried
unanimously.
WARRANTS: Carol Harding, Finance and Administration, presented the
warrants for approval by the Board in the amount of $38,563.00.
Commissioner Kirkmeyer moved to approve the warrants as
presented by Ms. Harding. Commissioner Hall seconded the
motion, which carried unanimously.
NEW BUSINESS: CONSIDER AGREEMENT WITH WELD ADOLESCENT RESOURCES, INC. , AND
ALTERNATIVE HOMES FOR YOUTH AND AUTHORIZE CHAIRMAN TO SIGN:
Commissioner Harbert stated this is the on-going agreement to
provide alternative homes to youth and moved to approve said
agreement and authorize the Chairman to sign. Seconded by
Commissioner Baxter, the motion carried unanimously.
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
10:50 A.M.
n / APPROVED:
ATTEST: / f 1 ��/ n BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
-Weld County Clerk to the Board �a �iJ ��'����
W. Webster, hairman
Deputy Clerk to the Board / Dale //Hall, Pro- m
)afrge E. Baxter
Constance L. Harbert l
Barbara J. Kirkmeyer
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