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Home My WebLink About941570.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO November 28, 1994 TAPE #94-46 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 28, 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-Tern Commissioner George E. Baxter Commissioner Constance L. Harbert Commissioner Barbara J. Kirkmeyer Also present: 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 November 23, 1994, as printed. Commissioner Baxter seconded the motion, and it carried unanimously. CERTIFICATIONS OF HEARINGS: Commissioner Harbert moved to approve the hearings conducted on November 23, 1994, as follows: 1) Final Plat Subdivision - Rangeview Ranches, Mike and Pam Guttersen. Commissioner Baxter seconded the motion, and it carried unanimously. ADDITIONS: "Present Highland Day Care Center, Finance Department" was added as #1 under Bids. CONSENT AGENDA: Commissioner Baxter moved to approve the consent agenda as printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. COMMISSIONER COORDINATOR REPORTS: There were no reports given today. PUBLIC INPUT: There was no public input offered. WARRANTS: Don Warden, Director of Finance and Administration, presented the following warrants for approval by the Board: General Fund $ 105,056.32 Handwritten Warrants: General Fund $ 10,910.04 Payroll Fund $1,380,197.79 Commissioner Hall moved to approve the warrants as presented by Mr. Warden. Commissioner Kirkmeyer seconded the motion, which carried unanimously. 941510 BIDS: PRESENT HIGHLAND DAY CARE CENTER - FINANCE DEPARTMENT: Mr. Warden presented the bids received from three vendors. Said bid will be considered for approval on December 12, 1994. BUSINESS: NEW: CONSIDER BOARD OF RETIREMENT BYLAWS: Dave Worden, Personnel Director, explained the major amendment is a change from monthly meetings to quarterly meetings for the Retirement Board. He stated all other changes are minor. Commissioner Harbert moved to approve said bylaws. Seconded by Commissioner Baxter, the motion carried unanimously. CONSIDER HUMAN SERVICES COMMITTEE BYLAWS: Commissioner Harbert stated Walt Speckman, Human Services Director, reviewed the changes to the Human Services bylaws with her. The main change is the name change, which reflects the recent change to the Department of Human Services. Commissioner Harbert moved to approve said bylaws. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER DEPARTMENT OF PUBLIC WORKS' STRATEGIC AND TACTICAL PLAN FOR INFRASTRUCTURE IMPROVEMENTS: Commissioner Kirkmeyer stated said plan was reviewed in a work session approximately two months ago, and moved to approve. Seconded by Commissioner Hall, the motion carried unanimously. CONSIDER CLOSING CLERK AND RECORDER'S GREELEY AND FORT LUPTON OFFICES AT 12:00 NOON ON DECEMBER 30, 1994: Bruce Barker, County Attorney, explained said closure is being requested to allow for an audit of the cash accounts and inventory count required by the transition to a newly- elected Clerk and Recorder. Mr. Warden stated the requested five hours may be more than is required and recommended this item be continued to allow him time to discuss the matter with Mary Ann Feuerstein, Clerk and Recorder, and Claud Hanes, Comptroller. Commissioner Harbert moved to continue this matter to December 5, 1994, at 9:00 a.m. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER AUTHORIZATIONS TO RECEIVE OIL AND DIRECTION FOR PAYMENT TO TEXACO TRADING AND TRANSPORTATION INC. AND AUTHORIZE CHAIRMAN TO SIGN -W 1/2, S6, T8N, R58W: Mr. Barker stated the percentages are correct as listed. Commissioner Baxter moved to approve said authorizations and authorize the Chairman to sign. Seconded by Commissioner Hall, the motion carried unanimously. CONSIDER AUTHORIZATIONS TO RECEIVE OIL AND DIRECTION FOR PAYMENT TO TEXACO TRADING AND TRANSPORTATION INC. AND AUTHORIZE CHAIRMAN TO SIGN - W 1/2, S33, T7N, R60W: Mr. Barker stated said authorization includes a full one-eighth interest to Weld County, which is correct. Commissioner Hall moved to approve said authorizations and authorize the Chairman to sign. Seconded by Commissioner Harbert, the motion carried unanimously. SECOND READING OF ORDINANCE NO. 82-P, IN MATTER OF SETTING FEES FOR SERVICES PROVIDED BY HEALTH DEPARTMENT: Commissioner Harbert moved to read by title only. Seconded by Commissioner Hall, the motion carried unanimously. Mr. Barker read the title of Ordinance No. 82-P. There was no public testimony given. Commissioner Baxter moved to approve Ordinance No. 82-P on second reading. Seconded by Commissioner Harbert, the motion carried unanimously. SECOND READING OF ORDINANCE NO. 84-P, IN MATTER OF SETTING FEES FOR SERVICES PROVIDED BY WELD COUNTY: Commissioner Kirkmeyer moved to read by title only. Seconded by Commissioner Hall, the motion carried unanimously. Mr. Barker read the title of Ordinance No. 84-P. There was no public testimony given in this matter. Commissioner Harbert moved to approve Ordinance No. 84-P on second reading. Seconded by Commissioner Baxter, the motion carried unanimously. Minutes - November 28, 1994 Page 2 FINAL READING OF ORDINANCE NO. 180, IN MATTER OF PUBLIC WORKS POLICIES: Commissioner Hall moved to read by title only. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. Mr. Barker read the title of Ordinance No. 180. There was no public testimony given. Commissioner Kirkmeyer moved to approve Ordinance No. 180 on final reading. Seconded by Commissioner Harbert, the motion carried unanimously. PLANNING: CONSIDER RE #1664 - BOLET COMPANY (CONT. FROM 11/16/94): Todd Hodges, Department of Planning Services, stated proposed Lot A will be sold to fund improvements on proposed Lot B, which will be retained for agricultural production. Staff has concerns regarding the use of prime agricultural land being used for a building parcel and the potential of two new buildable parcels. Bruce Johnson, applicant, stated the improvements will greatly enhance the safety of the traveling public, specifically near the southeast corner of proposed Lot A, where a hazardous curve currently exists. Mr. Johnson intends to remove the dike, which will eliminate the obstacle causing the blind jog in Weld County Road 72 at the half section line. He also stated the current pipeline will be buried. In response to questions from the Board, Mr. Johnson stated the buildings on proposed Lot B have already been removed, thus increasing the amount of farmed land. With the improvements being completed on both proposed RE #1664 and RE #1665, the 150 acres presently being farmed will increase to 168 acres, excluding both proposed Lot A's. At present, both recorded exemptions have a total of seven accesses. Mr. Johnson detailed the four accesses which will remain, two of which will be joint with neighbors. Responding to Commissioner Hall, Mr. Johnson reiterated it is not his intent to build on the property, and if a five- or ten-year building restriction is necessary, he agrees. Following discussion by the Board concerning the potential for building in the middle of the parcel, Commissioner Hall requested the upper comers each be designated as building envelopes for future building sites. Mr. Johnson indicated no opposition to this suggestion. Don Carroll, Public Works Department, agreed the improvements to the curve and corner as described by Mr. Johnson will increase the safety of the travelling public. He also indicated the County will straighten the curve after the dike is removed. There was no public testimony offered concerning this matter. Mr. Hodges presented Conditions of Approval for consideration. Commissioner Kirkmeyer asked that the wording be changed on Condition #2 to include the joint access to Lots A and B as detailed by Mr. Johnson. Mr. Barker read the appropriate wording, along with the addition of Condition #4 concerning the building envelope. Commissioner Kirkmeyer clarified that the existing sentence in Condition #2 be eliminated. Mr. Barker read Condition of Approval #2, as revised. Mr. Johnson agreed with the Conditions as read by Mr. Barker. Commissioner Kirkmeyer also clarified the ditch joint access easement from RE#1665 Lot A to RE #1664 Lot B. Commissioner Kirkmeyer moved to approve Recorded Exemption #1664 with the Conditions of Approval, as modified, and staff recommendations. Seconded by Commissioner Hall, the motion carried unanimously. CONSIDER RE #1665 - BOLET COMPANY (CONT. FROM 11/16/94): Mr. Hodges presented staffs recommendation for the record and stated the concerns are the same as discussed with the previous request. Mr. Johnson stated proposed Lot A has historically not been farmed, and the condition of the area will improve after the pipeline is buried and the dike is removed. He stated the comer center-pivot sprinkler has been purchased and will be installed soon. There was no public testimony offered concerning this matter. Mr. Hodges presented proposed Conditions of Approval. Mr. Carroll responded to Commissioner Kirkmeyer's questions concerning accesses. He stated his on- site inspection indicated one access was too close to the intersection to be recommended by Public Works; however, Mr. Johnson now indicates it will be a farm access, not residential. Mr. Carroll stated he has no problem with the accesses as described by Mr. Johnson. Commissioner Baxter suggested the inclusion of the easement across the top for the benefit of RE #1664. Mr. Barker read the additional language, as discussed by the Board. Commissioner Kirkmeyer moved to approve RE #1665, with the Conditions of Approval, as amended, and staff recommendations. Seconded by Commissioner Baxter, the motion carried unanimously. Minutes - November 28, 1994 Page 3 CONSIDER RE#1668 -OSTER: Mr. Hodges explained the applicant plans to sell proposed Lot A and retain proposed Lot B for farmland. He presented the unfavorable recommendation of staff for the record, based upon the lack of efficient and orderly development and noncompliance with the agricultural goals and policies as stated in the Weld County Comprehensive Plan. James Oster, applicant, reviewed the history of this parcel. He contends his purchase of the property, with a view to cleaning up the weeds and problems created by a string of previous owners, will be an asset to Weld County. Mr. Oster presented a map, Exhibit A, defining the topographical problems with farming proposed Lot A. The entire seven acres are on a hill and are difficult to farm due to land slope and the small size. The fields are 1.5+, 2.0+, and 2.0+ acres, making it extremely difficult to farm with large equipment. Mr. Oster explained that leveling the land would not be cost effective. He also explained the problems with irrigating the parcel and stated he bought three-fourths share of water with the entire parcel, then added another share. In order to farm the property, Mr. Oster also brought four shares of water from other farms he owns. In response to Commissioner Hall, Mr. Oster stated he intends to rent water to the proposed purchaser. Ray Larson, proposed purchaser, explained he intends to build a house with grass around it and a holding pond to catch the excess irrigation water. He would then irrigate with a pump and sprinkler system and would put the remainder of the seven acres in pasture. Commissioner Hall questioned whether there is a water right issue concerning the holding pond. Mr. Barker advised Mr. Larson he would have to file to obtain the right to that water. Commissioner Webster explained to Mr. Oster that he did look at the property; however, he did not retum a phone call to Mr. Oster to discuss this issue since that is in violation of the Board's policy. Mr. Oster presented pictures of subject property, Exhibits B through J, and stated he has always tried to utilize good ground for increased crop production, while utilizing unproductive ground for buildings, etc. Dan Oster, cousin and adjacent landowner, spoke in support of this matter. He said he has never seen a decent crop on the hillside proposed for sale and explained the applicant has already made a great deal of improvement to the property. No other public testimony was offered. Mr. Hodges presented Conditions of Approval for consideration by the Board. Commissioners Kirkmeyer and Harbert questioned Mr. Oster about deleting one access, since there are five accesses in a half-mile section on Weld County Road 42. After further discussion regarding accesses, Mr. Barker reminded the Board it has done some restrictions on residential accesses; however, it is hard to limit to a farm access because of potential residences being built changing the use of said access. Mr. Barker revised Condition #2 and read it to the Board. Commissioners Baxter, Hall and Kirkmeyer agreed the best course would be to restrict the access to an agricultural use. Commissioner Kirkmeyer also asked for a Condition concerning the rental of water to Lot A. Mr. Barker suggested the applicant be required to provide evidence of the agreement which would be recorded prior to recording the plat. Commissioner Hall suggested Lot B would be a prime candidate for a building envelope, since building should not be allowed in the middle of the field. After discussion concerning the location and size of the envelope, Mr. Hodges reminded the Board if a specific size is not stated it cannot be shown on the plat, it can only be a note on the plat. Mr. Oster agreed to the Conditions of Approval as discussed. Commissioner Kirkmeyer moved to approve Recorded Exemption #1668 with the Conditions of Approval as amended and staff recommendations. Seconded by Commissioner Baxter, the motion carried unanimously. CONSIDER RE#1672-ROTHERHAM: Mr. Hodges reviewed the unfavorable recommendation of staff, based on the lack of efficient and orderly development, noncompliance with the transportation goals and policies, and noncompliance with the agricultural goals and policies as stated in the Weld County Comprehensive Plan. John Rotherham, applicant, stated he plans to build on proposed Lot A; his parents will build on proposed Lot B. A new bridge will be constructed between the two properties for joint use, and the access to both parcels would be at that point. He stated he intends to continue the present lease on the farmland, which is dryland; and the current farmer does not • have a problem with this proposal. Mr. Rotherham stated the application for one well, located in the center of Lot A, has been approved, for use by both residences. Responding to questions from the Board, Mr. Rotherham explained the septic systems are separate, this is the only farmland owned, and wheat is Minutes - November 28, 1994 Page 4 presently being raised, with summer fallow. He stated he owns a grocery store in Dacono and, by building on this property, both he and his parents will be closer to the business. Responding to Commissioner Hall, Mr. Rotherham defined the oil company access and stated the ditch company has no problem with him replacing the bridge, as long as he submits his plans to them prior to the work being done. There was no public testimony given concerning this matter. Mr. Hodges presented the proposed Conditions of Approval. Responding to Commissioner Harbert, Mr. Hodges explained there is a crossing permit in the packet; however, because of the holiday it was not properly executed, and a Condition of Approval should be added to verify receipt of the signed agreement. Mr. Barker read the appropriate language regarding a change to Condition #3 and the addition of Condition #4 concerning the joint access and crossing permit. Mr. Rotherham agreed to the Conditions of Approval as amended. Commissioner Harbert moved to approve RE #1672, with the Conditions of Approval as amended and staff recommendations. Seconded by Commissioner Baxter, the motion carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent agenda. Ordinances No. 82-P and 84-P were approved on second reading; Ordinance No. 180 was approved on final reading. 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 11:00 a.m. APPROVED: ATTEST: Lti / BOARD OF COUNTY COMMISSIONERS Al WELD COUNTY, COLORADO I � 9 Weld County Clerk to the Board IL i d (A J1 td e 4 W. H. Webster, C irm y puty Clerk to the oard a e . all EXCUSED DATE OF APPROVAL George E. Baxter EXCUSED DATE OF APPROVAL Constance L. Harbert 4. arbara J. Kirkmeyer/ J • Minutes - November 28, 1994 Page 5 RECORD OF PROCEEDINGS MINUTES BOARD OF SOCIAL SERVICES WELD COUNTY, COLORADO November 28 , 1994 TAPE #94-46 The Board of County Commissioners of Weld County, Colorado, met in regular session as the Board of Social Services 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 28, 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: County Attorney, Bruce T. Barker Acting Clerk to the Board, Carol Harding MINUTES: Commissioner Baxter moved to approve the minutes of the Board of Social Services meeting of November 23, 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$2,527.00. Commissioner Hall moved to approve the warrants as presented by Ms. Harding. Commissioner Kirkmeyer seconded the motion, which 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 11:05 a.m. n // APPROVED: ATTEST: 11�,� ! 0 BOARD OF COUNTY COMMISSIONERS lax��/fffyyy lll///!(J CCGlj WELD COUNTY, COLORADO / Weld County Clerk to the Board ! I// W .'Webster;Chair an By: eputy Clerk to the Board ._. Dale K. all, ro-T EXCUSED DATE OF A PROVAL George E. Baxter EXCUSED DATE OF APPROVAL Constance L. Harbert Barbara J. Kirkmey r RECORD OF PROCEEDINGS MINUTES HOUSING AUTHORITY WELD COUNTY, COLORADO November 28 , 1994 TAPE #9446 The Board of County Commissioners of Weld County, Colorado, met in regular session as the Housing Authority Board 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 28, 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: County Attorney, Bruce Barker Acting Clerk to the Board, Carol Harding MINUTES: Commissioner Harbert moved to approve the minutes of the Housing Authority Board meeting of October 24, 1994, as printed. Commissioner Hall seconded the motion, and it 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 11:10 a.m. n /1 APPROVED: ATTEST: ,I 1 �,/ PIMA? BOARD OF COUNTY COMMISSIONERS ��/ppp��" tt"�Ul! WELD COUNTY, OLORADO RADO Weld County Clerk to the Board u , /)/tC,};4 W H. Webster, dh irm By (1.. Clerk to the Board Dale Hall, Pro- em �Ge e . Baxter y��y� dercei./s/�D� 016 /Y ..G". o tance L. Harbert /. S i I __.(4 ,//7Lc c j-t 1 arbara J. Kirkmeyer l/ 55jHA Hello